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Page 1: AGENDA - City of Mitcham · PDF fileAGENDA FOR A COUNCIL MEETING ... RECOMMENDED that the Minutes of the Council Meeting held on 25 June ... 3 Attended the Rotary Club of Mitcham Handover
Page 2: AGENDA - City of Mitcham · PDF fileAGENDA FOR A COUNCIL MEETING ... RECOMMENDED that the Minutes of the Council Meeting held on 25 June ... 3 Attended the Rotary Club of Mitcham Handover

AGENDA

FOR A

COUNCIL MEETING

TO BE HELD ON

TUESDAY, 23 JULY 2013

The public can access this Full Council Agenda on the City of Mitcham website at: http://www.mitchamcouncil.sa.gov.au/fullcouncil

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COUNCIL

AGENDA 23 JULY 2013

AGENDA FOR A MEETING OF THE COUNCIL TO BE HELD IN THE COUNCIL CHAMBERS, 131 BELAIR ROAD, TORRENS PARK ON TUESDAY, 23 JULY 2013 AT 7.00 PM. MEMBERSHIP: His Worship the Mayor (M Picton)

Crs C Adcock, S Fisher, N Greer, E Grimm, B Hearne, T Hein, L Moriarty, D Munro, Y Poland, J Sanderson, J Silbereisen, M Ward and J Weaver

INDEX WELCOME: ...............................................................................................................1 PLEDGE AND KAURNA ACKNOWLEDGEMENT ...................................................1 PRESENT: .................................................................................................................1 APOLOGIES:.............................................................................................................1 LEAVE OF ABSENCE:..............................................................................................1 ABSENT: ...................................................................................................................1 STAFF IN ATTENDANCE: ........................................................................................1 REPRESENTATION REVIEW - PERSONAL SUBMISSIONS .................................. 1

BUSINESS................................................................................................................. 2

1. CONFIRMATION OF MINUTES .....................................................2

1.1 FULL COUNCIL MEETING - 25 JUNE 2013 .................................................. 2

1.2 SPECIAL FULL COUNCIL MEETING - 2 JULY 2013 .................................... 2

1.3 SPECIAL FULL COUNCIL MEETING - 9 JULY 2013 .................................... 2

2. ADJOURNED MOTIONS................................................................2

3. DEPUTATIONS.............................................................................2

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COUNCIL INDEX PAGE 2 AGENDA 23 JULY 2013

4. GALLERY QUESTION TIME..........................................................2

5. PETITIONS ..................................................................................2

6. NOTICES OF MOTION..................................................................3

6.1 CR FISHER - BLACKWOOD AND MITCHAM LIBRARIES - OCCUPATIONAL HEALTH AND SAFETY REQUIREMENTS ...................... 3

6.2 CR WEAVER - STONE PINES - BROWN HILL CREEK RECREATION PARK .............................................................................................................. 3

7. BUSINESS RAISED BY THE MAYOR .............................................4

7.1 MEETINGS ATTENDED BY THE MAYOR ..................................................... 4

7.2 OTHER BUSINESS RAISED BY THE MAYOR.............................................. 5

8. WRITTEN REPORTS FROM ELECTED MEMBERS AS COUNCIL REPRESENTATIVES ON OUTSIDE BODIES....................6

8.1 CR TIM HEIN - LGA COUNCIL AND COMMITTEE MEETING PROCEDURES AND CHAIRING SKILLS TRAINING COURSE ................... 6

9. QUESTIONS ON NOTICE ..............................................................6

10. QUESTIONS WITHOUT NOTICE....................................................6

11. DEVELOPMENT ASSESSMENT PANEL..........................................7

11.1 DEVELOPMENT ASSESSMENT PANEL MEETING - THURSDAY, 4 JULY 2013 ...................................................................................................... 7

12. GENERAL PURPOSE COMMITTEE - TUESDAY, 9 JULY 2013 ........7

12.1 TEMPORARY ROAD CLOSURE – SUPALOC TARGA ADELAIDE 2013 ................................................................................................................ 7

12.2 TREES TO BE REMOVED JULY 2013........................................................... 8

12.3 TRAFFIC MANAGEMENT – PROJECT LIST AND PRIORITIES................... 8

12.4 AYR AVENUE BRIDGE, TORRENS PARK - CONSULTATION.................... 9

12.5 BROWN HILL CREEK – REVISED DRAFT STORMWATER MANAGEMENT PLAN - UPDATE REPORT................................................ 10

12.6 IMPLEMENTATION OF OLD BELAIR ROAD FOOTPATH – STAGE 2 ...... 10

12.7 “RESILIENT SOUTH” CLIMATE ADAPTATION PROJECT - UPDATE...... 10

12.8 STORMWATER PROJECTS – PRIORITY LIST – MONTHLY UPDATE ..... 11

12.9 TREES REMOVED – JUNE 2013 ................................................................. 11

12.10 STAFFING MOVEMENTS............................................................................. 11

12.11 SOUTH AUSTRALIAN PUBLIC HEALTH SEVERE DOMESTIC SQUALOR POLICY ...................................................................................... 12

Page 5: AGENDA - City of Mitcham · PDF fileAGENDA FOR A COUNCIL MEETING ... RECOMMENDED that the Minutes of the Council Meeting held on 25 June ... 3 Attended the Rotary Club of Mitcham Handover
Page 6: AGENDA - City of Mitcham · PDF fileAGENDA FOR A COUNCIL MEETING ... RECOMMENDED that the Minutes of the Council Meeting held on 25 June ... 3 Attended the Rotary Club of Mitcham Handover

COUNCIL

AGENDA 23 JULY 2013

AGENDA FOR A MEETING OF THE COUNCIL TO BE HELD IN THE COUNCIL CHAMBERS, 131 BELAIR ROAD, TORRENS PARK ON TUESDAY, 23 JULY 2013 AT 7.00 PM. MEMBERSHIP: His Worship the Mayor (M Picton)

Crs C Adcock, S Fisher, N Greer, E Grimm, B Hearne, T Hein, L Moriarty, D Munro, Y Poland, J Sanderson, J Silbereisen, M Ward and J Weaver

WELCOME PLEDGE AND KAURNA ACKNOWLEDGEMENT The Mayor will pledge: May we in this meeting, speak honestly, listen attentively, think clearly, and decide wisely, for the good governance of this city, and the well being of those we serve. We would like to acknowledge that this land we meet on today is the traditional land of the Kaurna people and we respect their spiritual relationship with their country. We also acknowledge the Kaurna people as the custodians of the greater Adelaide region and that their cultural and heritage beliefs are still important to the living Kaurna people today. PRESENT:

APOLOGIES:

Cr T Hein

LEAVE OF ABSENCE:

ABSENT:

STAFF IN ATTENDANCE:

REPRESENTATION REVIEW - PERSONAL SUBMISSIONS Pursuant to Section 12(10) of the Local Government Act 1999, the council must give any person who makes written submissions in response to an invitation under subsection (9) an opportunity to appear personally or by representative before the council or a council committee and to be heard on those submissions.

Mrs Heather Beckmann, from the Blackwood Belair District Community Association has requested to make a personal submission.

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COUNCIL PAGE 2 AGENDA 23 JULY 2013

BUSINESS 1. CONFIRMATION OF MINUTES

1.1 FULL COUNCIL MEETING - 25 JUNE 2013

RECOMMENDED that the Minutes of the Council Meeting held on 25 June 2013 be confirmed.

1.2 SPECIAL FULL COUNCIL MEETING - 2 JULY 2013

RECOMMENDED that the Minutes of the Special Council Meeting held on 2 July 2013 be confirmed.

1.3 SPECIAL FULL COUNCIL MEETING - 9 JULY 2013

RECOMMENDED that the Minutes of the Special Council Meeting held on 9 July 2013 be confirmed.

2. ADJOURNED MOTIONS

Nil

3. DEPUTATIONS

Nil

4. GALLERY QUESTION TIME Members of the Gallery may ask 2 questions. These questions must be in writing and supplied to the Minute Secretary. If a response is not given by the Mayor or Administration at the meeting, a written reply will be provided within 7 days.

5. PETITIONS

Nil

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COUNCIL PAGE 3 AGENDA 23 JULY 2013

6. NOTICES OF MOTION

6.1 CR FISHER - BLACKWOOD AND MITCHAM LIBRARIES - OCCUPATIONAL HEALTH AND SAFETY REQUIREMENTS

I hereby give notice that I intend to move:

That a report be provided on the differences in occupational health and safety requirements in 2013 from the occupational health and safety requirements which were fulfilled in the 2001 upgrades of the Blackwood and Mitcham Libraries. CEO’S NOTE: A comparison of the requirements under the legislation between 2001, 2005 and 2013 does not diminish Council's responsibility to comply with the current legislation. It should be noted that Council should, as reasonably as is practicable, manage health and safety issues as they arise and as a minimum, maintain legislative compliance. The Mitcham Library upgrade was undertaken in 2001 and the Blackwood Library upgrade undertaken in 2005; both dealt with health and safety issues known at the time. Since then, the Libraries have had to adapt further to changing operational circumstances, changing legislation and customer service demands, and with these changes, new health and safety issues have emerged.

A comparison of the current legislative requirements under health and safety legislation and those existing in both 2001 and 2005 when the upgrades were undertaken would be a significant exercise and would require staff to devote a large number of hours. Should Council resolve that Administration provide this report, other current priorities would need to be postponed to research and carry out this work.

6.2 CR WEAVER - STONE PINES - BROWN HILL CREEK RECREATION PARK I hereby give notice that I intend to move: (1) That the Mayor and the Chief Executive Officer write to Mr Allan

Holmes, Chief Executive of the Department of Environment, Water and Natural Resources requesting a detailed management plan be undertaken to preserve 6 specimens of Pinus pinea (Stone Pines) located in the Brown Hill Creek Recreation Park which are now registered as trees of of State significance; and

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COUNCIL PAGE 4 AGENDA 23 JULY 2013

(2) That a copy of this correspondence be provided to Professor Chris

Daniels, Presiding Member of the Adelaide and Mt Lofty Ranges Natural Resources Management Board and Mr Kym Good, General Manager of the Adelaide and Mt Lofty Ranges Natural Resources Management.

REASON These 6 specimens of Stone Pines in the Brown Hill Creek Recreation Park are the most massive specimens of the species in Australia and among the most massive in the world. Their recent listing with the National Trust due solely to Mr Charlie Buttigieg professional endeavours has established their critical importance both botanically and historically for the heritage of Mitcham. They have never been cared for professionally and have been disregarded in their significance. Currently there is quite a lot of dead wood visible and the trees require a diligent professional management plan to ensure their future long term preservation.

7. BUSINESS RAISED BY THE MAYOR

7.1 MEETINGS ATTENDED BY THE MAYOR Joylene Neddermeyer (Meeting Date 23 July 2013) (Ref: FF/2013/1050) Listed below are the activities by the Mayor during the period Monday 10 June 2013 to Sunday 7 July 2013. June 2013 11 Meeting with Chief Executive Officer 11 General Purpose Committee Meeting 12 Attended the Colonel Light Gardens Senior Citizens Club ‘Just

Friends’ afternoon at the RSL Hall, Colonel Lights Gardens 12 Blackwood Safety and Security Program presentation at the

Blackwood Community Centre 12 Attended the Audit Committee meeting 14 Meeting with residents and Director Development and Compliance

regarding a long term planning matter 16 Attended the 50th Anniversary celebration of the Nunyara Chapel,

Belair 17 -19 Together with the Chief Executive Officer attended the National Local

Government General Assembly in Canberra 20 Attended a farewell morning tea combined with Biggest Morning Tea

held at the Mitcham Cultural Village 20 Attended the on-site discussion for the Master Plan for Manson and

Price Ovals 20 Attended the Carrick Hill Trust Board meeting 20 Attended the Mitcham Lions 2013 Handover Dinner at the Naval,

Military and Air Force Club of South Australia

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COUNCIL PAGE 5 AGENDA 23 JULY 2013

23 Attended the Mitcham City Band and Mitcham Orchestra joint concert

at Scotch College 24 Meeting with Chief Executive Officer 24 Chaired the Chief Executive Officer’s Performance Review Committee

Meeting 24 Attended the Babbage Ward Forum 25 Briefing with Chief Executive Officer and Minute Secretary to discuss

Agenda for Full Council Meeting 25 Full Council Meeting 26 Attended Recognition of Employee Length of Service afternoon tea at

the Depot 27 Meeting with Manager Community Services, Civic Events Officer and

Executive Officer to the CEO and Mayor to discuss upcoming Civic Receptions

27 Attended a function at Carrick Hill to view exhibition 30 Joined the participants in the “Journey to Recognition Walk” from

Victoria Square to Festival Theatre 30 Attended the Celebration of the Journey and community BBQ at the

Adelaide Festival Centre 30 Attended the celebration of 53 years of Congolese Independence at

the Enfield Community Centre July 2013 1 Attended Recognition of Employee Length of Service breakfast at the

Mitcham Library 1 Meeting with the Chief Executive Officer 1 Hosted the Civic Reception for Australia Day Honours and Queen’s

Birthday Honours Recipients – Mayors Parlour 2 Meeting with Cr Weaver, Cr Moriarty and Engineering Staff to discuss

the Ayr Avenue Bridge project 2 Meeting with the Chief Executive Officer and Minute Secretary prior to

the Special Council Meeting 2 Briefing for Elected Members 2 Full Council Meeting 3 Attended with the Chief Executive Officer and Director of Engineering

and Horticulture the Integrated Transport and Land Use Strategy for South Australia workshop

3 Attended the Rotary Club of Mitcham Handover Dinner at Mount Osmond Golf Club

4 Attended the Development Assessment Panel meeting RECOMMENDATION - ITEM 7.1 That the report be received for information only.

7.2 OTHER BUSINESS RAISED BY THE MAYOR

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COUNCIL PAGE 6 AGENDA 23 JULY 2013

8. WRITTEN REPORTS FROM ELECTED MEMBERS AS COUNCIL

REPRESENTATIVES ON OUTSIDE BODIES

At the Council Meeting of 26 June 2012 it was resolved that Elected Members who attend a training course, seminar or conference at ratepayers’ expense will provide a written report to Council in order to share their learning experience.

8.1 CR TIM HEIN - LGA COUNCIL AND COMMITTEE MEETING

PROCEDURES AND CHAIRING SKILLS TRAINING COURSE

Cr Tim Hein attended the Local Government Association Council and Committee Meeting Procedures and Chairing Skills Training Course held on 22 March 2013. Cr Hein reports as follows: As a newly elected member, I welcomed the opportunity to attend this training event so soon into my term. It was very instructive and clarifying. The presenter, John Comrie, provided a solid overview of the 1999 Local Government Act as the foundation for an exploration of matters relevant to the responsibility of elected members and the procedures whereby Council and Committee meetings may be conducted. The careful explanation of every aspect of meeting procedures was instructive. The interactive style of the day was also helpful, as the group of approximately 30 people from various councils had a myriad of questions for clarification. Many were in their first term, but most were not and yet still benefited greatly from the opportunity to refresh their understanding. The presentation included not just a clear instruction on technical matters, but also helpful advice on best practice. I am grateful for the opportunity to have attended, and suggest it be a standard induction experience for future new elected members. RECOMMENDATION - ITEM 8.1 That the report be received for information only.

9. QUESTIONS ON NOTICE

Nil

10. QUESTIONS WITHOUT NOTICE

Questions Without Notice must be supplied to the Minute Secretary in writing.

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COUNCIL PAGE 7 AGENDA 23 JULY 2013

11. DEVELOPMENT ASSESSMENT PANEL

11.1 DEVELOPMENT ASSESSMENT PANEL MEETING - THURSDAY, 4 JULY

2013 RECOMMENDATION - ITEM 11.1 That the Minutes of the Development Assessment Panel held on 4 July 2013 be received.

12. GENERAL PURPOSE COMMITTEE - TUESDAY, 9 JULY 2013

Reports pertaining to the recommendations of the General Purpose Committee meeting of 9 July 2013 can be found in the Agenda which has previously been provided as a hard copy or electronic copy to all Elected Members. Members are requested to bring their copies to the Full Council Meeting. The public can access the General Purpose Committee agenda at: http://www.mitchamcouncil.sa.gov.au/committees CEO’s COMMENT To receive the Minutes of the General Purpose Committee at its meeting held on 9 July 2013, Council may wish to move the following motion: That the Minutes of the General Purpose Committee meeting held on Tuesday, 9 July 2013 be received.

12.1 TEMPORARY ROAD CLOSURE – SUPALOC TARGA ADELAIDE 2013

Howard Lacy / David Deer / Ashni Kumar (Meeting Date: 9 July 2013) Staff Recommendation to Committee: Same as Committee recommendation. Committee Recommendation to Council That in accordance with Section 33 of the Road Traffic Act 1961, Council gives consent to the temporary closure of:

Pole Road between Upper Sturt Road and the Council Boundary on 23 August 2013 (between 11.00 - 15.30 hours)

Upper Sturt Road (under the care and control of the Department of Planning, Transport and Infrastructure) between Fairway Drive and Pole Road on 23 August 2013 (between 11.00 - 15.30 hours)

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COUNCIL PAGE 8 AGENDA 23 JULY 2013

12.2 TREES TO BE REMOVED JULY 2013

Howard Lacy/Tim Johnson (Meeting Date 9 July 2013) (Ref: FF/2011/4071) Staff Recommendation to Committee: Same as Committee recommendation. Committee Recommendation to Council (1) That Council approves the removal and replacement of the following

seven (7) non–regulated trees being:

1. 26 Windermere Avenue Clapham, two Peppercorns 2. 7 Page Crescent Panorama, Grey Box 3. 6 Willowood Drive Urrbrae, Grey Box (habitat, dead trunk) 4. 87 Hill Street Netherby, SA Blue Gum 5. 135 – 137 Shepherd’s Hill Road in Ward Avenue, Bushy Yate 6. 5 Yurilla Drive Bellevue Heights, Sydney Blue Gum

(2) No regulated trees are recommended for removal.

12.3 TRAFFIC MANAGEMENT – PROJECT LIST AND PRIORITIES Howard Lacy / David Deer / Ashni Kumar (Meeting Date 9 July 2013) (Ref/FF: 2011/1462) Staff Recommendation to Committee: Same as Committee recommendation. Committee Recommendation to Council That Council notes: (1) the current recommended traffic and transport priorities as outlined in

the report and attachment. (2) the additional projects which have been received by Council this

month and staff propose to move these into the Priority 1 list as per the table below:

Eve Road, Bellevue Heights Verge parking enquiry

35 Belair Road Driveway application meeting and investigation – on going

Fife Ave / Lorraine Ave / Ballogie Rd , Torrens Park

Traffic issue at the intersection

Sturt Ave, Hawthorndene Road safety issues along Sturt Ave - letter from Iain Evans

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COUNCIL PAGE 9 AGENDA 23 JULY 2013

12.4 AYR AVENUE BRIDGE, TORRENS PARK - CONSULTATION Howard Lacy / Tony Jolly / Daniel Baker / Tara Kerr (Ref: FF/2012/276) Staff Recommendation to Committee: Same as Committee recommendation. Committee Recommendation to Council (1) That Council approves Public Consultation in relation to the Ayr

Avenue Bridge project based on 4 options being:

a replacement of the existing Ayr Avenue bridge on a modified creek alignment

b. replacement of the existing bridge with a structure designed for one-way operation east bound

c. replacement of the existing bridge with a structure designed for one-way operation west bound

d. closure and removal of the existing bridge with construction of a suitable bridge to cater for pedestrians and cyclists

(2) That any replacement bridge is designed to minimise traffic impacts on

surrounding streets; improve traffic and pedestrian safety; minimise impacts of existing significant trees and surrounding private land; and provide sufficient hydraulic capacity to pass the 1 in 100 year flood flows.

(3) That a further report be submitted to council outlining the results of

community consultation and include a recommendation to proceed with a specific option.

CEO’S COMMENT: Given that the balance of recommendations from the General Purpose Committee are the receipt of information items, Council may wish to consider the following resolution: That information Items 12.5, 12.6, 12.7, 12.8, 12.9, 12.10 and 12.11 be adopted en bloc as resolutions of Council.

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COUNCIL PAGE 10 AGENDA 23 JULY 2013

12.5 BROWN HILL CREEK – REVISED DRAFT STORMWATER MANAGEMENT PLAN - UPDATE REPORT Howard Lacy/ John Wiley (Meeting Date: 9 July 2013) Staff Recommendation to Committee Same as Committee recommendation. Committee Recommendation to Council That Council receives the report for information only.

12.6 IMPLEMENTATION OF OLD BELAIR ROAD FOOTPATH – STAGE 2 Howard Lacy/Daniel Baker/Willie Wong (Meeting Date: 9 July 2013) (Ref: FF. 2012/768) Staff Recommendation to Committee Same as Committee recommendation. Committee Recommendation to Council That the report be received for information only.

12.7 “RESILIENT SOUTH” CLIMATE ADAPTATION PROJECT - UPDATE Howard Lacy / David Deer / Natalie Iglio (Meeting Date: 9 July 2013) (Ref: FF/2012/1777) Staff Recommendation to Committee Same as Committee recommendation. Committee Recommendation to Council That the report be received for information only.

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COUNCIL PAGE 11 AGENDA 23 JULY 2013

12.8 STORMWATER PROJECTS – PRIORITY LIST – MONTHLY UPDATE

Howard Lacy/ David Deer/ Caren Blythe/ Tara Kerr/ John Raymond (Meeting Date: 9 July 2013) (Ref: FF: 2011/1460) Staff Recommendation to Committee Same as Committee recommendation. Committee Recommendation to Council That the report is received for information only.

12.9 TREES REMOVED – JUNE 2013

Howard Lacy/Tim Johnson (Meeting Date: 9 July 2013) (Ref: FF/2013/148) Staff Recommendation to Committee Same as Committee recommendation. Committee Recommendation to Council That the report be received for information only.

12.10 STAFFING MOVEMENTS Phil Gilbert (Meeting Date: 9 July 2013) (Ref: FF/2013/76) Staff Recommendation to Committee Same as Committee recommendation. Committee Recommendation to Council That the report be received for information only.

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COUNCIL PAGE 12 AGENDA 23 JULY 2013

12.11 SOUTH AUSTRALIAN PUBLIC HEALTH SEVERE DOMESTIC SQUALOR

POLICY Craig Harrison/Jack Darzanos (Meeting Date: 9 July 2013) (Ref: FF/2012/2164 /13.76127) Staff Recommendation to Committee Same as Committee recommendation. Committee Recommendation to Council That the report be received for information only.

13. REPORTS FROM REGIONAL SUBSIDIARIES

13.1 CENTENNIAL PARK CEMETERY AUTHORITY - 27 JUNE 2013

Helen Green (Meeting Date: 23 July 2013) (Ref: FF/2013/68) PROPOSAL To receive the Minutes of the Board of Management, Centennial Park Cemetery Authority held on 27 June 2013. DISCUSSION Attached (pp 1-9) are the Minutes of the meeting of the Board of Management, Centennial Park Cemetery Authority held on 27 June 2013. The confidential Minutes have been forwarded to Elected Members via email on 5 July 2013. RECOMMENDATION - ITEM 15.1 That the Minutes of the Board of Management, Centennial Park Cemetery Authority held on 27 June 2013 be received.

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COUNCIL PAGE 13 AGENDA 23 JULY 2013

13.2 EASTERN WASTE MANAGEMENT AUTHORITY - 11 JULY 2013 Helen Green (Meeting Date: 23 July 2013) (Ref: FF/2013/182)

PROPOSAL To receive the Minutes of the Board of Eastern Waste Management Authority held on 23 July 2013. DISCUSSION Attached (pp 10-13) are the Minutes of the meeting of the Board of Eastern Waste Management Authority held on 11 July 2013. RECOMMENDATION - ITEM 15.2 That the Minutes of the Board of Eastern Waste Management Authority held on 11 July 2013 be received.

14. APPOINTMENTS TO INTERNAL/EXTERNAL BODIES

Nil

15. GENERAL BUSINESS

DECISION REPORTS

15.1 REVIEW OF REPRESENTATION – SECOND ROUND OF CONSULTATION

Maggie Dowling/Meredith Nunan (Date of Meeting: 23 July 2013) (Ref: FF/2011/1855 : 13.78622) PROPOSAL To note and receive submissions from the second round of consultation for the Review of Representation and then further consider Council’s position with regard to the structure and composition of Council. BACKGROUND Council commenced its Review of Representation with consultation on an Options Paper that was endorsed by Council at its 28 August 2012 Council Meeting. A range of options was provided regarding the possible structure and composition of Council. Five submissions from the public were received.

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COUNCIL PAGE 14 AGENDA 23 JULY 2013

Based on these submissions and the intent of the Local Government Act 1999 (in particular section 12), the recommendation to Council in January 2013 was to reduce the number of wards from six to three and to reduce the number of councillors from 13 to 11. Council resolved to accept this recommendation which would form the basis of the second round of public consultation. This decision was subsequently revoked at the 26 March 2013 Council Meeting. The second round of consultation, which commenced on 26 April 2013 therefore sought comment on retaining the status quo. That is: no change to the Council name; the principal member to continue to be the Mayor, elected by the whole

community; Council to continue to be divided into six wards, with no change to

boundaries; and the number of councillors to remain at 13. Seven submissions were received. One of these has been appended to an earlier submission by the same person, making a total of six. Two of the submissions were received after the closing date of 22 May 2013, but have been accepted, as the intent is to take into account as much public comment as possible. Attachments: Elector Representation Review Report – June 2013 (refer attachment

pp 14-39). STRATEGIC OBJECTIVES / POLICY POSITION Goal 6 Excellence In Government

A Council with strong leadership that values its people, customers and partners

Objective 21 Good Governance Accountable governance and robust corporate systems for decision making and risk management

Objective 24 Council Reputation An organisation recognised as a leader in government

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COUNCIL PAGE 15 AGENDA 23 JULY 2013

OPTIONS FOR CONSIDERATION DECISION 1 That Council notes and receives all of the written submissions, including those received after the specified closing date. DECISION 2 Option 1 That Council re-affirms its support for the retention of the existing ward structure and level of representation and resolves:

the name of the Council not be changed at this time; the principal member of Council continues to be the mayor elected by

the community at council-wide elections; the council area continues to be divided into wards; the existing ward structure, ward names and level of ward

representation be retained; the Council continues to comprise thirteen ward councillors and the

Mayor; not to introduce area councillors in addition to ward councillors; and Council administration be authorised to prepare and forward the

necessary report and documents to the Electoral Commissioner, pursuant to the provisions of Sections 12(11) and 12(12) of the Local Government Act 1999.

Option 2 That Council opts for an alternative ward structure and level of representation as follows, and that Council administration be authorised to undertake another three week public consultation period at the earliest opportunity: [Details to be provided by Council]

DISCUSSION OF OPTIONS DECISION 1 The content of the submissions is detailed in the consultants Report in attachment (pp 26-39) and can be summarised as follows: four of the six submissions expressed support for the Council name, while

the other two were silent;

only one of the six submissions supported the abolition of wards. Of the other five submissions, two supported the current ward structure, although one of these was prepared to accept a three-ward structure.

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COUNCIL PAGE 16 AGENDA 23 JULY 2013

The other three submissions favoured a three-ward structure;

five of the submissions commented on the number of councillors. Of these, three supported 11 councillors, one supported six councillors (or alternatively 11 councillors), and one supported the current 13 councillors.

Council is required to note and receive all submissions. All who provided a submission in the second round of consultation have the opportunity to speak to Council on their submission. At least one person has chosen to do so. DECISION 2 Once Council has heard the verbal submissions, it must make a decision to either: 1. proceed with its earlier resolution to maintain the status quo regarding

the structure and composition of Council, and finalise its report accordingly; or

2. amend this resolution in light of the second consultation submissions.

This would require Council to commence a further round of public consultation for a period of at least 3 weeks.

Option 1 Council may be persuaded that, based on the two rounds of public consultation, the fact that Mitcham’s level of representation compares favourably with other similar councils, and the requirement to be cognizant of communities of interest, there is insufficient support for any changes to be made to the structure and composition of Council. This would mean that Council would maintain the status quo. There would be no change in the way the Mayor is elected, to the number and boundaries of the wards and the way they are represented, and the total number of councillors. Once a final position is adopted by Council a report and all documentation will be forwarded to the Electoral Commissioner (the Commissioner) who will determine whether the Review has satisfied the requirement of the Local Government Act 1999. Once the Commissioner has approved the Review, a notice must be placed in the Gazette. Option 2 Alternatively, Members may feel that there is sufficient interest in the community, given the most recent submissions, to give further consideration to changing the structure and composition of the Council. As this would be different to the position presented in the most recent Representation Review Report, Council would be obliged to undertake further public consultation on a new proposal. A further three week consultation period would need to be undertaken at the earliest opportunity.

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Community Implications A representation review gives the community an opportunity, on a regular basis, to have input into the optimum number of elected representatives on Council and the structure of the Council which best meets the needs of the community and which takes into account specific communities of interest. Economic Implications Not applicable. Environmental / Heritage Implications Not applicable. Cost Shifting Implications Not applicable. Impact on Budget including Lifecycle Costing The conduct of the representation review has cost $24,000 in the 2012/13 financial year. Staffing Implications There will be some impact on Governance staff for the duration of the Representation Review. Risk Management / OHS Assessment Not applicable. Engagement The community has been involved in two rounds of mandatory public consultation. The first was a six week period ending on 29 October 2012. The second was a three week period ending on 22 May 2013. Those who made a submission in the second round of consultation are able to nominate to speak to Council on their submission. CONCLUSION Council is required to undertake a Representation Review according to a schedule determined by the Minister for State/Local Government Relations. Two mandatory periods of public consultation have taken place. As responses have been mixed, Council will need to determine whether its position on the structure and composition of Council for the second round of consultation will prevail, or whether an amended position should be presented to the community in a further round of consultation.

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RECOMMENDATION - ITEM 15.1 DECISION 1 That Council notes and receives all of the written submissions, including those received after the specified closing date. DECISION 2 Option 1 That Council re-affirms its support for the retention of the existing ward structure and level of representation and resolves:

the name of the Council not be changed at this time; the principal member of Council continues to be the mayor elected by

the community at council-wide elections; the council area continues to be divided into wards; the existing ward structure, ward names and level of ward

representation be retained; the Council continues to comprise thirteen ward councillors and the

mayor; not to introduce area councillors in addition to ward councillors; and Council administration be authorised to prepare and forward the

necessary report and documents to the Electoral Commissioner, pursuant to the provisions of Sections 12(11) and 12(12) of the Local Government Act 1999.

Option 2 That Council opts for an alternative ward structure and level of representation as follows, and that Council administration be authorised to undertake another three week public consultation period at the earliest opportunity: [Details to be provided by Council]

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15.2 COLONEL LIGHT GARDENS – COMMUNITY LAND REVIEW VALUES

Craig Harrison / Ben Hignett (Meeting date: 23 July 2013) (Ref: F/2012/543 / 13.81482) PROPOSAL To identify a set of ‘values’ to assist in an ongoing review of Community Land in Colonel Light Gardens:

BACKGROUND A number of long-standing resolutions of Council relating to Community Land in Colonel Light Gardens have yet to be acted upon. A report written for the 28 August 2012 meeting of Full Council identified these resolutions and mapped out ways that they could be progressed to a satisfactory conclusion. The first step of the endorsed 3-step Community Land review focuses on five sport and recreation reserves. A community engagement exercise was carried out at the beginning of 2013, with a Consultation Report received by Council on 23 June 2013. Attachments: Nil STRATEGIC OBJECTIVES / POLICY POSITION Goal 1 Accessible City Streets, open spaces, community buildings and facilities will be accessible, connected and people friendly Objective 3 Open Space and Recreation Facilities

Open space, parks and gardens and sporting and recreational facilities that provide opportunities for relaxation, leisure, physical activity and play

Goal 2 Liveable City A well-designed and safe City responsive to lifestyle, heritage, environment and landscape

Objective 4 City Character and Design A strong sense of place (local identities) with vibrant village centres and development that respects local character, built form, the environment and heritage

Objective 5 Green Streetscapes

Functional streetscapes that enhance amenity and are sensitive to the built form, landscape and local environmental conditions

Objective 7 Safe Public Realm People feel safe in their homes, on local streets, in parks and when dining and travelling throughout the City

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Goal 3 Inclusive And Capable Community A community that welcomes and respects all people and brings them together in friendship and community lead action Objective 9 Engaged Community

People exchanging information, knowledge, ideas and experiences, and participating in their communities and public decision making

Objective 10 Vibrant and Diverse Community People helping each other and celebrating history, culture, people and place

Goal 6 Excellence In Government A Council with strong leadership that values its people, customers and partners

Objective 19 Financial Sustainability Responsible management of Council’s financial resources and community assets, and the equitable distribution of costs now and into the future

Objective 24 Council Reputation An organisation recognised as a leader in government

RECOMMENDATION Staff Recommendation That with respect to upcoming Agenda items that form part of the current review of Community Land in Colonel Light Gardens, Council shall: (1) Consider the relevant City of Mitcham Strategic Plan goals and

objectives, including, but not limited to, the following matters:

Accessibility Heritage / History Engagement Connectivity Design Quality Respect Physical Activity Safety Cultural Values Relaxation Lifestyle People & Place Leisure Environment Leadership Play Landscape Good Management

(2) Consider the important role that parks and reserves in Colonel Light

Gardens play within Mitcham’s wider open space hierarchy; and (3) Have due regard to heritage matters relating to the designation of

Colonel Light Gardens as a State Heritage Area.

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DISCUSSION Stage 1 of a three-step review process for matters relating to community land in Colonel Light Gardens has to date been progressed as a single body of work. The next phase of this review process will involve separate reports to Council detailing options relating to each of the individual parks and reserves. The identification of a common set of ‘values’ at this stage of the project will lay the foundation for a holistic approach to decision making on the future management of parks and reserves in Colonel Light Gardens. These values are not binding, however they should be a consideration of Council in any decisions made throughout the remainder of this project. Strategic Management Plan for the City of Mitcham The Strategic Management Plan for the City of Mitcham (2013-2022) was adopted by Council at its meeting on 26 March 2013. This document reinforces the importance of taking a long-term view when planning to meet the opportunities and challenges currently faced by Council and the community. Six areas of importance to the community are set out in the Strategic Plan. Goals and objectives considered of relevance to this project have been listed earlier in this report. In short, matters for consideration in the making of decisions on this project include, but are not limited to the following: Accessibility Heritage / History Engagement Connectivity Design Quality Respect Physical Activity Safety Cultural Values Relaxation Lifestyle People & Place Leisure Environment Leadership Play Landscape Good Management

Access to Recreational Open Space Community feedback has furnished Council with evidence of the varied demands placed on the five recognised sport and recreation reserves in Colonel Light Gardens. The City of Mitcham as a whole is well provided for by a range of different types of open space. This is excellent for the community as it provides for a range of recreation and sporting activities, however the greatest gap in the provision of open space in Mitcham is formal recreation open space (i.e. parks and gardens) as most recreation parks in the City of Mitcham are relatively small in size. The important role that parks and reserves in Colonel Light Gardens play within Mitcham’s wider open space hierarchy must therefore not be forgotten in this review.

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State Heritage Area Designation The Strategic Plan does not apportion weighting to particular goals and objectives, however as a recognised State Heritage Area it is considered appropriate in this instance that due regard is given to heritage matters in decisions affecting the future management of parks and reserves. Key components of Colonel Light Gardens include its coherent plan and homogeneous style where the public and private spaces of the suburb meld to create a distinctive three-dimensional suburban design1. Where matters may ordinarily be localised when considered elsewhere in the City of Mitcham, they might be of suburb-wide importance when considered in the context of Colonel Light Gardens. The Conservation Management Plan for Colonel Light Gardens is Council’s most comprehensive guide to the management and development of public land in the State Heritage Area. Whilst not a statutory document, it includes references to the heritage significance of the area and history / description / objectives / policy for each of the parks and reserves subject of this review. The Conservation Management Plan was developed with the aid of the Burra Charter, which provides guidance for the conservation and management of places of heritage significance. Community Implications The current review will result in documents that are more current and in line with community aspirations and expectations. Economic Implications All documents to be reviewed have, to a varying degree, some economic implications. The review seeks to maintain and enhance the City’s reputation as a great place to work, live, visit, discover and enjoy. Environmental / Heritage Implications The documents to be reviewed help protect the heritage of the City of Mitcham and in doing so maintain the local character of the built environment. Cost Shifting Implications Having considered the matter, there are no cost shifting implications in relation to the consultation process. Impact on Budget including Lifecycle Costing The proposal is proceeding within the allocated budget for the ‘Colonel Light Gardens – Review of Community Land Management Agreements’ Operating Project.

1 Weidenhofer Architects, Conservation Management Plan – Colonel Light Gardens, 2005. p.7

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Staffing Implications Implementation of the outstanding Council resolutions with respect to open space in Colonel Light Gardens is a significant amount of work. A staff member from the strategic / DPA section of Council has been seconded to implement the resolutions. This will mean other projects / DPA’s cannot be progressed as quickly. In light of the State Government’s withdrawal of funding for a Council-based consultant State Heritage Advisor, this process might also incur additional staffing costs in terms of consultant heritage advice. Risk Management / OHS Assessment Having considered the matter, the identification of values presents no risk or management / OHS assessment implications. Engagement This report provides a review of community consultation undertaken in relation to Stage 1 of the review of Community Land in Colonel Light Gardens. CONCLUSION In accordance with an undertaking in the Council Agenda of 25 June 2013, this report identifies a set of ‘values’ to assist in an ongoing review of Community Land in Colonel Light Gardens. RECOMMENDATION – ITEM 15.2 Staff Recommendation That with respect to upcoming Agenda items that form part of the current review of Community Land in Colonel Light Gardens, Council shall: (1) Consider the relevant City of Mitcham Strategic Plan goals and

objectives, including, but not limited to, the following matters:

Accessibility Heritage / History Engagement Connectivity Design Quality Respect Physical Activity Safety Cultural Values Relaxation Lifestyle People & Place Leisure Environment Leadership Play Landscape Good Management

(2) Consider the important role that parks and reserves in Colonel Light

Gardens play within Mitcham’s wider open space hierarchy; and (3) Have due regard to heritage matters relating to the designation of

Colonel Light Gardens as a State Heritage Area.

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15.3 POOL DEVELOPMENT

Maggie Dowling/Kristen Manson (Meeting Date: 23 July 2013) (Ref:13.80402) PROPOSAL To seek direction from Council on further action to assist Scotch College to potentially develop a pool for use by the College and the community. BACKGROUND With the closure of the Balyana Pool, Council has committed to provide support to attempt to seek alternative outcomes. At Full Council on 26 March 2013, the following motion was carried: That Council assists the Save the Balyana Pool Committee to convene a Round Table Meeting of Council and Bedford Management and Board and other relevant parties Following this meeting a further motion was carried on 28 May 2013: (1) That Council engages schools and other organisations in the City of

Mitcham in a conversation as to their:

(a) Willingness to make available any current swimming facilities to the general public.

(b) Interest in, or current plans for, the development of a pool on their grounds that would also be open for community use.

(c) Willingness to take the lead role to pursue the options and ultimate development of a business case.

(2) That if such a possibility arises, Administration reports back to Full

Council to seek approval to submit a grant funding application to the State Government for the development of a feasibility study/business plan in partnership with the organisation(s).

(3) That Council does not currently commit to funding other than

administrative support from its existing resources in relation to paragraphs (1) and (2) above.

In response to the above motion, administration has contacted all local secondary schools and met with two interested schools and now seeks further direction from Council. Attachments: Letter to Scotch College (refer attachment pp 40-41). Letter to St John’s Grammar (refer attachment pp 42-43). Letter sent to all other secondary schools (refer attachment pp 44-50). Letter received from Scotch College (refer attachment p 51). Letter received from St John’s Grammar (refer attachment p 52).

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STRATEGIC OBJECTIVES Objective 2: Connected Community Places High quality, well serviced and accessible public places and community facilities where people can meet, learn and connect with one another Objective 3: Open Space and Recreation Facilities Open space, parks and gardens and sporting and recreational facilities that provide opportunities for relaxation, leisure, physical activity and play OPTIONS FOR CONSIDERATION Option 1 (Staff Recommendation) That the City of Mitcham provides administrative assistance to Scotch College to pursue opportunities with State and Federal Governments for capital contributions to develop a pool with community access. Option 2 That no further action be taken to support Scotch College or any other interested local schools to establish a pool with community access. DISCUSSION OF OPTIONS Following the motion carried by Council to engage with schools, the CEO has written to all colleges and secondary schools in the City of Mitcham, requesting that they contact us if they have any interest in developing a pool facility with community use (see attachment pp 40-50). Interest has been expressed by St John’s Grammar and Scotch College. The CEO has met with these two schools that had previously indicated an interest in the development of a community pool. Following these meetings, letters have been sent to both schools to summarise the outcomes of our meetings and provide some information for further discussions with their governing bodies. Both schools have responded outlining their interest in the potential for the development of a community pool (refer attachment p 51 and attachment p 52). The response from St John’s indicated that the school is interested in the concept, however the development of a community pool would require major capital contributions from other levels of government. St John’s has confirmed that they will await further advice form Council on progressing to the next stage.

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Scotch College expressed strong interest has has indicated they will commence scoping this project, to identify initial costs and possible models of management. While Scotch has indicated that they will make a capital contribution to the project, additional capital funding would need to be sought from other levels of government. Given the imminent Federal and State elections, there is the opportunity to seek funding and commitment from both levels of government. This report now seeks a decision from Council to continue to assist the interested schools, to pursue opportunities for capital contributions to establish a pool on Scotch College grounds that the community would have access to. Community Implications This proposal to continue to pursue the opportunity to develop a community pool has a number of community implications. Following the recent closure of the Balyana pool, the development of a community pool would encourage a physically active lifestyle and provide much needed rehabilitation facilities. A community pool would also provide access to people for recreational swimming, squads and learn to swim activities. The development of a community pool would also provide a stronger sense of community, through improved access to social, health and wellbeing services. Environmental / Heritage Implications N/A Cost Shifting Implications N/A Impact on Budget including Lifecycle Costing N/A Risk Management / OHS Assessment N/A Engagement The level of engagement on this project is collaborate, that is working with Scotch College and State and Federal governments to develop an understanding of all issues and interests to identify preferred solutions.

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CONCLUSION As a result of the closure of the Balyana Pool, Council has provided support to consider other opportunities for a community pool in the City of Mitcham. The CEO has contacted all secondary schools and met with two interested schools to determine the level of potential involvement from these schools in developing a community pool in Mitcham. Scotch College has expressed strong interest in pursuing this opportunity to develop a pool on their site that the community can access. With Council’s support, administration will work with Scotch College to seek capital contributions from both State and Federal governments. RECOMMENDATION - ITEM 15.3 Option 1 (Staff Recommendation) That the City of Mitcham provides administrative assistance to Scotch College to pursue opportunities with State and Federal Governments for capital contributions to develop a pool with community access. Option 2 That no further action be taken to support Scotch College or any other interested local schools to establish a pool with community access.

15.4 BLACKWOOD TOY LIBRARY RELOCATION Maggie Dowling/Julie Weller (Meeting Date: 23 July 2013) (Ref: FF/2013/1922 13.84828) PROPOSAL To seek Council endorsement to commence community consultation on the options available for the necessary relocation of the Blackwood Toy Library. BACKGROUND Administration has identified essential building work that must be carried out at Mitcham and Blackwood Libraries to ensure that they comply with The Building Code of Australia, The Disability Discrimination Act and Work, Health and Safety Legislation. This report provides Council with information to enable a decision to be made with respect to the relocation of the Blackwood Toy Library to enable the works required for legislative compliance with the BCA (Building Code of Australia) and DDA (Disability Discrimination Act). The works required are: 1. Patrons’ toilet facilities: Require 1 unisex facility complying with

Premises Standard (DDA). This requires the use of existing internal space.

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2. Staff facilities: There are currently no separate staff toilets. To

comply requires: a. 1 male pan and 1 washbasin; b. 1 female pan and 1 washbasin; c. Mobility impaired facility requires 1 pan to Premises Standard

(DDA). In order to minimise or eliminate any extension to the building footprint, it is proposed that the Blackwood Toy Library be relocated so that the current Toy Library space can be utilised for the toilet upgrade. The extension of the footprint of Blackwood Library is not viewed as a viable option due to the very limited options to increase it and the costs associated. There is a significant lack of space for the Blackwood Toy Library Service as it currently stands which creates risks for both staff and patrons. A new location would also mitigate these risks. This report outlines potential locations for the Blackwood Toy Library and proposed opening hours. Attachments: Nil STRATEGIC OBJECTIVES / POLICY POSITION Goal 1 Streets, open spaces, community buildings and facilities will be

accessible, connected and people friendly

Objective 2 Connected Community Places High quality, well serviced and accessible public places and community facilities where people can meet, learn and connect with one another.

Goal 3 A community that welcomes and respects all people and brings them together in friendship and community lead action

Objective 8 Creative and Learning Community

People expressing who they are and pursuing the many pathways to learning and personal growth

Goal 6 A Council with strong leadership that values its people,

customers and partners Objective 21 Good Governance

Accountable governance and robust corporate systems for decision making and risk management

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OPTIONS FOR CONSIDERATION Option 1 (Staff Recommendation) That Public Consultation be undertaken to allow the Community to consider the following three options for relocation of the Blackwood Toy Library: (1) The merging of the Blackwood Toy Library with the Mitcham Toy

Library, and:

(a) the location of the service to be at the current Mitcham Toy Library location (i.e. at the Mitcham Community Centre, 242 Belair Road, Lower Mitcham), and

(b) the opening hours for the combined service be:

Tuesday 10.00am - 12.00 noon, Wednesday 2.00pm - 5.30pm, Thursday 2.00pm - 5.30pm, Friday 10.00am - 12.00 noon and Saturday 10.00am - 1.00pm, and

(c) that the merged Toy Library service be provided free of charge.

(2) The relocation of the Blackwood Toy Library to the Blackwood

Community Centre with the current membership fees to continue to be charged and the current Blackwood Toy Library operating hours to apply at this location.

(3) The relocation of the Blackwood Toy Library to commercial premises

in Blackwood with the current membership fees to continue to be charged and the current Blackwood Toy Library operating hours to apply at this location.

Option 2 That Public Consultation be undertaken to consider the merging of the Blackwood Toy Library with the Mitcham Toy Library, and: (a) the location of the service to be at the current Mitcham Toy Library

location (i.e. at the Mitcham Community Centre, 242 Belair Road, Lower Mitcham), and

(b) the opening hours for the combined service be:

Tuesday 10.00am - 12.00 noon, Wednesday 2.00pm - 5.30pm, Thursday 2.00pm - 5.30pm, Friday 10.00am - 12.00 noon and Saturday 10.00am - 1.00pm, and

(c) that the merged Toy Library service be provided free of charge.

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Option 3 That Public Consultation be undertaken to consider the relocation of the Blackwood Toy Library to the Blackwood Community Centre with the current membership fees to continue to be charged and the current Blackwood Toy Library operating hours to apply at this location. Option 4 That Public Consultation be undertaken to consider the relocation of the Blackwood Toy Library to commercial premises in Blackwood with the current membership fees to continue to be charged and the current Blackwood Toy Library operating hours to apply at this location.

DISCUSSION OF OPTIONS Option 1 (Staff recommendation) Whilst Council is not obliged to consult the Community on this service change, the relocation of the Blackwood Toy Library will cause some inconvenience for the Blackwood Community. It is therefore important to allow the Community to consider the three options (the details of these options are provided below) and provide feedback prior to Council determining the new location. The Public Consultation undertaken would be a three tiered Level 2 process consisting of: 1. Placing a notice in the Messenger regarding Council’s request for the

Community to consider the options for relocation of the Blackwood Toy Library and inviting feedback from all residents (tier 1).

2. Putting up displays at the Blackwood Library, Mitcham Library and

Mitcham Toy Library about the relocation options and inviting feedback from Library Patrons (tier 2).

3. Undertaking a direct mail out to Toy Library Members and hirers of the

Blackwood Community Centre outlining the relocation options and inviting feedback (tier 3).

The cost of the Public Consultation process will be approximately $5,000. Option 2 The merging of the Blackwood and Mitcham Toy Libraries is deemed by Administration to be the best option from a cost and service level perspective in that it will offer all toy library members a greater spread of hours and access to a bigger and broader collection from the one location. However the relocation will inconvenience existing Blackwood members.

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There is sufficient space at the Mitcham Toy Library to accommodate the stock from the Blackwood Toy Library and staff can also be accommodated. If the Blackwood Toy Library were relocated to the Mitcham Toy Library an opportunity exists to review the hours of the combined service to provide better coverage for parents and carers. After examination of the current hours and the programmes which are currently offered at the Mitcham Community Centre, it is proposed that the new opening hours be as follows: Tuesday 10.00am - 12.00 noon Wednesday 2.00pm - 5.30pm Thursday 2.00pm - 5.30pm Friday 10.00am - 12.00 noon Saturday 10.00am - 1.00pm It is recognised that the new hours may cause some difficulties for the Toy Library Staff but library management have undertaken extensive consultation with the staff and have been and will continue to work through these issues with the staff to ensure that their needs are met through the transition period. Although there may be a perception that the Hills Community would be losing a service, the new combined service would still be available to all City of Mitcham residents. This relocation is temporary in that when the Blackwood Library redevelopment occurs a toy library collection would be available in the new facility. It is anticipated that toys would not be a stand alone service but rather the collection would be mainstreamed and accessible (like all of the other library collections) all of the hours that the library is open. It is also proposed that if this option of merging the Blackwood and Mitcham Toy Libraries gains support that the current membership fee of $30 individual/family or $60 per group be dropped. This would help compensate Blackwood residents for the longer journey to the Mitcham Toy Library and provide an incentive for new users to enjoy the Toy Library. Toy Library usage has dropped by 42% over the last 10 years and this initiative could see this decline turn around. If the fee were abolished it would also encourage occasional users who only want items for parties, school holidays or when they have carer responsibilities but don’t want to pay or need an annual membership. There would also be significant time savings for staff as currently in addition to collecting and reconciling cash, toy library borrowers have a different membership type which creates an extra layer of complexity and extra work for staff in managing these borrowers, particularly in a consortium environment. In 2012/13 the Library Service had an income target of $12,000 for Toy Library Memberships but raised a little over $10,000. If the membership fee were to be removed this loss of income to the Library budget would need to be supplemented at a 2013/14 budget review.

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The costs associated with this option are the relocation of the toys, communications and marketing of the change to the service and staff time associated with packing and reshelving items. It is estimated that this would cost up to $5,000. Option 2 total estimated cost: One-off cost in 2013/14 – relocation costs: $5,000 Operating Ongoing from 2013/14 - loss of income if membership fee waived: $10,000 Council can, if it deems this to be the most appropriate option, choose to ask the Community to consider this option under a Public Consultation process, prior to it making a final decision. The Public Consultation undertaken would be a three tiered Level 2 process consisting of: 1. Placing a notice in the Messenger regarding Council’s request for the

Community to consider the options for relocation of the Blackwood Toy Library and inviting feedback from all residents (tier 1).

2. Putting up displays at the Blackwood Library, Mitcham Library and

Mitcham Toy Library about the relocation options and inviting feedback from Library Patrons (tier 2).

3. Undertaking a direct mail out to Toy Library Members outlining the

relocation options and inviting feedback (tier 3). The cost of the Public Consultation process will be approximately $5,000. Option 3 The Blackwood Toy Library could be relocated to the Blackwood Community Centre. This location is close to the Blackwood Library so if there are any issues regarding the service there would be Library Staff close by to provide assistance and it retains the service within the Blackwood area. Since taking back the Blackwood Community Centre (BCC) there has been a significant increase in usage. If the Toy Library were relocated there, there would be a mutual benefit of increasing the profile of the Toy Library to a group of potential new users and likewise the activities of the Community Centre would benefit from an increased profile with parents and carers. However there would be a significant impact upon the usability of the centre. Currently there are two main rooms - one is carpeted with a large kitchen and the other is parquetry floor with a new, smaller kitchen. Both rooms are hired out at present to community groups and commercial hirers, such as calisthenics, children's dance classes, community group meetings such as Probus and other groups such as yoga and ballroom dancing have been recent users. The room with the parquetry floor is also currently suitable for parties, particularly given the durable floor covering.

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Locating the Toy Library at the BCC would require a permanent reduction of 50% of the room that has the parquetry floor which is in high demand for dance classes, parties and calisthenics. Many of these bookings would cease and the useability of the room would be dramatically reduced. The Scrabble Group and the Amateur Radio Club are long term hirers of this room and there would be an obvious impact upon these groups if this room were not available. To accommodate these groups in the other room may require a change of days or times or potentially cancelling the hirers in the other room. There is therefore considerable potential for disruption and inconvenience to future and existing casual/long term hirers. It is therefore difficult to justify the use of this room given the loss to the community of a popular facility that is currently available for 91 hours per week for a service that operates only 7 hours a week (or less than 8% of the useable time). However, should this option be preferred by Council it is recommended that the opening hours remain the same as those currently in operation. That is:

Tuesday 10.00am - 12.15pm Wednesday 10.00am - 12.15pm Thursday 4.30pm - 7.00pm.

Although there would be no rent associated with this option there would be a loss of income for the Blackwood Community Centre estimated to be $20,0000 - $24,000 per annum. There would also be fit out and relocation costs. This includes new shelving, a new circulation desk, a new bi-fold door, a new external sliding door, IT costs etc. It is estimated that the fit-out and relocation costs would be at least $50,000. In addition the costs for communications and marketing and staffing for the relocation would be in the vicinity of $5,000 Option 3 total estimated cost:

One-off cost in 2013/14: Relocation and fit-out costs: $55,000 capital expenditure

Ongoing from 2013/14: Potential loss of revenue from Blackwood Community Centre hires approximately $20,000 - $24,000 per annum.

Council can, if it deems this to be the most appropriate option, choose to ask the Community to consider this option under a Public Consultation process, prior to it making a final decision. The Public Consultation undertaken would be a three tiered Level 2 process consisting of: 1. Placing a notice in the Messenger regarding Council’s request for the

Community to consider the options for relocation of the Blackwood Toy Library and inviting feedback from all residents (tier 1).

2. Putting up displays at the Blackwood Library, Mitcham Library and

Mitcham Toy Library about the relocation options and inviting feedback from Library Patrons (tier 2).

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3. Undertaking a direct mail out to Toy Library Members and hirers of the

Blackwood Community Centre outlining the relocation options and inviting feedback (tier 3).

The cost of the Public Consultation process will be approximately $5,000. Option 4 The Blackwood Toy Library could be relocated to commercial premises in Blackwood. This would mean that a service point would still be readily accessible to Hills residents and Blackwood Library Staff could be available when necessary. However it is estimated that to rent suitable premises in Blackwood could cost in the order of at least $20,000 per year. On top of that there would be relocation and fit out costs which are estimated to be in the order of at least $50,000 (depending upon the work required to bring the facility up to standard), ongoing costs such as cleaning, security and phone charges of approximately $15,000 per annum and, marketing and staffing costs for the relocation as outlined above of up to $5,000. It is recommended that with this option the opening hours remain the same as those currently in operation. That is:

Tuesday 10.00am - 12.15pm Wednesday 10.00am - 12.15pm Thursday 4.30pm - 7.00pm

Option 4 total estimated cost:

One-off cost in 2013/14: Relocation and fit-out costs: $55,000 capital expenditure

Ongoing from 2013/14: Rent and amenities $35,000 per annum. Council can, if it deems this to be the most appropriate option, choose to ask the Community to consider this option under a Public Consultation process, prior to it making a final decision. The Public Consultation undertaken would be a three tiered Level 2 process consisting of: 1. Placing a notice in the Messenger regarding Council’s request for the

Community to consider the options for relocation of the Blackwood Toy Library and inviting feedback from all residents (tier 1).

2. Putting up displays at the Blackwood Library, Mitcham Library and

Mitcham Toy Library about the relocation options and inviting feedback from Library Patrons (tier 2).

3. Undertaking a direct mail out to Toy Library Members outlining the

relocation options and inviting feedback (tier 3). The cost of the Public Consultation process will be approximately $5,000.

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Community Implications If the Blackwood Toy Library were relocated and merged with the Mitcham Toy Library the new service may not be as physically accessible to Hills residents. Some residents may not have access to private transport to visit the new location and as the travel time would be greater than it would be if the service were located in Blackwood, some parents and carers may not have the time to make the journey. There would however be a better spread of hours for all Toy Library borrowers, a greater combined stock of toys for them to browse and (if approved) free membership. Economic Implications Nil Environmental / Heritage Implications Nil Cost Shifting Implications Nil Impact on Budget including Lifecycle Costing Community Engagement: $5,000 in 2013/14 budget Relocation Options costs: Relocation to Mitcham Library Service:

One-off cost in 2013/14 – relocation costs: $5,000 Operating Ongoing from 2013/14 - loss of income if membership fee waived:

$10,000 per annum Relocation to Blackwood Community Centre:

One-off cost in 2013/14: Relocation and fit-out costs: $55,000 capital expenditure.

Ongoing from 2013/14: Potential loss of revenue from Blackwood Community Centre hires approximately $20,000 - $24,000 per annum.

Relocation to Commercial Premises:

One-off cost in 2013/14: Relocation and fit-out costs: $55,000 capital expenditure

Ongoing from 2013/14: Rent and amenities $35,000 per annum. Staffing Implications Nil.

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Risk Management / OHS Assessment The relocation of the Blackwood Toy Library will enable essential building work to be undertaken at the Blackwood Library to ensure that it complies with The Building Code of Australia, The Disability Discrimination Act and Work, Health and Safety Legislation. It will also ensure that the risks for staff and patrons which currently exist due to the lack of space at the Blackwood Toy Library will be mitigated. In addition the upgrade of the toilets at Blackwood Library which will result from the move of the Toy Library will ensure that patrons and staff have a sufficient number of compliant toilets. Engagement It is proposed that a three tiered Level 2 (consult) Public Consultation process be undertaken. This would consist of placing a notice in the Messenger regarding the proposed relocation of the Blackwood Toy Library and inviting feedback from all residents (tier 1). Putting up displays at the Blackwood Library, Mitcham Library and Mitcham Toy Library about the proposed relocation and inviting feedback from Library Patrons (tier 2). Undertaking a mail out to Toy Library borrowers (and hirers of the Blackwood Community Centre if relevant options supported) outlining the proposed relocation and inviting feedback from them (tier 3). The cost of the community engagement process will be approximately $5,000. Specific engagement has occurred with Toy Library staff and general engagement with all Library staff. CONCLUSION It is necessary to relocate the Blackwood Toy Library so that essential building work can be undertaken. There are a number of possible locations for the service but the staff preference is for the service to be merged with the Mitcham Toy Library so that patrons could enjoy a better spread of opening hours and patrons would have a larger collection to browse. This is also the most financially attractive option and would not negatively impact on the services offered at the Blackwood Community Centre. However it is recognised that the move will inconvenience existing Toy Library members that utilise the Blackwood service. RECOMMENDATION - ITEM 15.4 Option 1 (Staff Recommendation) That Public Consultation be undertaken to allow the Community to consider the following three options for relocation of the Blackwood Toy Library: (1) The merging of the Blackwood Toy Library with the Mitcham Toy

Library, and:

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(a) the location of the service to be at the current Mitcham Toy

Library location (i.e. at the Mitcham Community Centre, 242 Belair Road, Lower Mitcham), and

(b) the opening hours for the combined service be: Tuesday 10.00am - 12.00 noon, Wednesday 2.00pm - 5.30pm, Thursday 2.00pm - 5.30pm, Friday 10.00am - 12.00 noon and Saturday 10.00am - 1.00pm, and

(c) that the merged Toy Library service be provided free of charge.

(2) The relocation of the Blackwood Toy Library to the Blackwood

Community Centre with the current membership fees to continue to be charged and the current Blackwood Toy Library operating hours to apply at this location.

(3) The relocation of the Blackwood Toy Library to commercial premises

in Blackwood with the current membership fees to continue to be charged and the current Blackwood Toy Library operating hours to apply at this location.

Option 2 That Public Consultation be undertaken to consider the merging of the Blackwood Toy Library with the Mitcham Toy Library, and: (a) the location of the service to be at the current Mitcham Toy Library

location (i.e. at the Mitcham Community Centre, 242 Belair Road, Lower Mitcham), and

(b) the opening hours for the combined service be: Tuesday 10.00am - 12.00 noon, Wednesday 2.00pm - 5.30pm, Thursday 2.00pm - 5.30pm, Friday 10.00am - 12.00 noon and Saturday 10.00am - 1.00pm, and

(c) that the merged Toy Library service be provided free of charge. Option 3 That Public Consultation be undertaken to consider the relocation of the Blackwood Toy Library to the Blackwood Community Centre with the current membership fees to continue to be charged and the current Blackwood Toy Library operating hours to apply at this location. Option 4 That Public Consultation be undertaken to consider the relocation of the Blackwood Toy Library to commercial premises in Blackwood with the current membership fees to continue to be charged and the current Blackwood Toy Library operating hours to apply at this location.

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15.5 STRATEGIC PLANNING AND DEVELOPMENT POLICY COMMITTEE - ESTABLISHMENT AND TERMS OF REFERENCE Craig Harrison/David Roberts (Meeting Date: 23 July 2013) (Ref: FF/2013/1450) PROPOSAL To establish the Strategic Planning and Development Policy Committee and approve the Terms of Reference. BACKGROUND Council has, in the past, sought and obtained exemption from the Minister in accordance with Section 101A (4) of the Development Act 1993 to utilise other Committees of Council (i.e. the Corporate and Community Services Committee, the Engineering and Environmental Services Committee and most recently, the General Purpose Committee) to include the functions of a Strategic Planning and Development Policy Committee. At its meeting of 25 June 2013 Council resolved in part: (3) That a Strategic Planning and Development Policy Committee be

created to convene as necessary. (4) That a report be brought back to Council to consider the Terms of

Reference of the Strategic Planning and Development Policy Committee.

Section 101A of the Development Act, 1993 requires that a Council must establish a Strategic Planning and Development Policy Committee, or seek the Minister’s consent to utilise another Committee that includes the equivalent functions of a Strategic Planning and Development Policy Committee. A report has been prepared in accordance with resolution (4) above and is presented to Council in this agenda. The report proposes that the Terms of Reference to include the delegated authority of Council to conduct its business in providing assistance and advice to Council on strategic planning and development policy matters particularly in relation to preparing Strategic Directions Reports and Development Plan Amendment ("DPA") proposals. In addition, the Strategic Planning and Development Policy Committee assists Council with undertaking, achieving and monitoring orderly and efficient development within the Council area, inclusive of high levels of transport integration, infrastructure and land use planning as prescribed by Section 101A of the Development Act 1993.

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Attachments: Draft Terms of Reference for the Strategic Planning and Development

Policy Committee. (Refer attachment pp 53-56). STRATEGIC OBJECTIVES Goal 3: INCLUSIVE AND CAPABLE COMMUNITY

A community that welcomes and respects all people and brings them together in friendship and community lead action Objective 9 Engaged Community

People exchanging information, knowledge, ideas and experiences, and participating in their communities and public decision making Goal 6: EXCELLENCE IN GOVERNMENT

A Council with strong leadership that values its people, customers and partners Objective 21 Good Governance

Accountable governance and robust corporate systems for decision making and risk management Objective 24 Council Reputation

An organisation recognised as a leader in government

OPTIONS FOR CONSIDERATION DECISION 1 That Council establishes the Strategic Planning and Development Policy Committee. DECISION 2 Option 1 (Staff Recommendation) That in accordance with Section 44 of the Local Government Act 1999 and Section 20 of the Development Act 1993 Council confers delegated authority to the Strategic Planning and Development Policy Committee to determine all matters relating to Development Plan Amendments and Strategic Directions Reports as required by Section 25, 26, 30 and 101A of the Development Act 1993.

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Option 2 That in accordance with Section 44 of the Local Government Act 1999 and Section 20 of the Development Act 1993 Council confers delegated authority to the Strategic Planning and Development Policy Committee to conduct public meetings on Development Plan Amendments and Strategic Directions Reports as required by Section 25 (11) (b) and 30 (5) of the Development Act 1993. Option 3 That Council does not confer any delegated authority to the Strategic Planning and Development Policy Committee to determine any matters relating to Development Plan Amendments and Strategic Directions Reports as required by Section 25, 26, 30 and 101A of the Development Act 1993. DECISION 3 That Council adopts the Terms of Reference for the Strategic Planning and Development Policy Committee as detailed in the attachment to this report on pages 53-56 of this agenda. Option 2 That Council adopts the Terms of Reference for the Strategic Planning and Development Policy Committee as detailed in the attachment to this report on pages 53-56 of this agenda with the following amendments: [list]

DISCUSSION OF OPTIONS DECISION 1 Section 101A of the Development Act 1993 (the Development Act) requires Council to establish a Strategic Planning and Development Policy Committee. This section also outlines the specific functions of the Committee as follows and it is noteworthy that Section 101A(c) contemplates and provides for the Strategic Planning and Development Policy Committee to act as a delegate of Council: (a) to provide advice to the Council in relation to the extent to which the

Council's strategic planning and development policies accord with the Planning Strategy; and

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(b) to assist the Council in undertaking strategic planning and monitoring

directed at achieving—

(i) orderly and efficient development within the area of the Council; and

(ii) high levels of integration of transport and land-use planning; and

(iii) relevant targets set out in the Planning Strategy within the area of the Council; and

(iiia) the implementation of affordable housing policies set out in the Planning Strategy within the area of the Council; and

(iv) other outcomes of a prescribed kind (if any); and (c) to provide advice to the Council (or to act as its delegate) in relation to

strategic planning and development policy issues when the Council is preparing—

(i) a Strategic Directions Report; or

(ii) a Development Plan Amendment proposal; and

(d) other functions (other than functions relating to development

assessment or compliance) assigned to the committee by the Council. In addition, the Strategic Planning and Development Policy Committee assists Council with undertaking, achieving and monitoring orderly and efficient development within the Council area, inclusive of high levels of transport integration, infrastructure and land use planning as prescribed by Section 101A of the Development Act. The Strategic Planning and Development Policy Committee, although established under Section 101A of the Development Act, 1993, would be a standing Committee of Council, pursuant to Section 41 of the Local Government Act, 1999. DECISION 2 Option 1 This Option provides for Council to make the formal delegation to the Strategic Planning and Development Policy Committee. This will allow the Strategic Planning and Development Policy Committee [being a whole of Council committee established to assist and advise on strategic planning and policy] to deal with and make decisions and to exercise the functions prescribed by Section 101A of the Development Act 1993 in preparing Strategic Directions Reports (Section 30 Reports) and Development Plan Amendments.

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There is minimal risk associated with this delegation as the membership of the Strategic Planning and Development Policy Committee consists of all Elected Members. A potential disadvantage is that this delegation will remove the opportunity that members may have for further reflection on issues between the Strategic Planning and Development Policy Committee meeting and the following Full Council meeting where the minutes of the meeting are to be ratified. However, the counter-argument is that this change will bring about a more efficient process as Council as a whole will no longer be considering these matters twice (potentially) in one month. This would result in improvements in turnaround times for decisions regarding Development Plan Amendments and Strategic Directions Reviews being realised as quickly as possible Option 2 If Council were not in agreement with option 1 it would none the less be advantageous for the Committee [that is changed to provide assistance and advice to Council on strategic planning and development policy matters particularly in relation to preparing Strategic Directions Reports and Development Plan Amendment ("DPA") proposals] to at the least be the committee that conducts the public hearings and hears submissions in relation the Development Plan Amendments and Strategic Directions Report (Section 30 Reports) pursuant to the Development Act 1993. Again there is minimal risk associated with this delegation as the membership of the Strategic Planning and Development Policy Committee consists of all the Elected Members. Option 3 Option 3 does not provide any delegations to the Strategic Planning and Development Policy Committee. This will result in the Strategic Planning and Development Policy Committee not being able to deal with and make decisions and to only provide advice to Council in relation to strategic planning and development policy issues when Council is preparing a Strategic Directions Report or a Development Plan Amendment Proposal. Council will still need to conduct the public hearings and hear submissions in relation the Development Plan Amendments and Strategic Directions Report (Section 30 Reports) pursuant to the Development Act 1993 and or delegate these functions to the Strategic Planning and Development Policy Committee if and when the need arises in the future. DECISION 3 The Terms of Reference establish the rules of the Strategic Planning and Development Policy Committee and provide clarity to the public, the elected members and the staff on the scope and roles of the committee.

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Community Implications N/A Economic Implications N/A Environmental / Heritage Implications N/A Cost Shifting Implications N/A Impact on Budget including Lifecycle Costing N/A Staffing Implications Staff savings (time) and costs in potential (re)generation of multiple reports and attachments on the same item. Risk Management / OHS Assessment N/A Engagement Once approved by Council, the Delegations Manual will be updated and be posted on Council’s website with supporting advice to the community through the print media. CONCLUSION Section 101A of the Development Act 1993 requires that a Council must establish a Strategic Planning and Development Policy Committee. Delegations have been incorporated into the draft Terms of Reference provide for the Committee to exercise the functions prescribed by Section 101A of the Development Act 1993 in preparing Strategic Directions Reports (Section 30 Reports) and Development Plan Amendments There is minimal risk associated with this delegation as the membership of the Strategic Planning and Development Policy Committee consists of all the Elected Members This would result in improvements in turnaround times for decisions regarding Development Plan Amendments and Strategic Directions Reports being realised as quickly as possible.

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RECOMMENDATION - ITEM 15.5 DECISION 1 That Council establishes the Strategic Planning and Development Policy Committee. DECISION 2 Option 1 (Staff Recommendation) That in accordance with Section 44 of the Local Government Act 1999 and Section 20 of the Development Act 1993 Council confers delegated authority to the Strategic Planning and Development Policy Committee to determine all matters relating to Development Plan Amendments and Strategic Directions Reports as required by Section 25, 26, 30 and 101A of the Development Act 1993. Option 2 That in accordance with Section 44 of the Local Government Act 1999 and Section 20 of the Development Act 1993 Council confers delegated authority to the Strategic Planning and Development Policy Committee to conduct public meetings on Development Plan Amendments and Strategic Directions Reports as required by Section 25 (11) (b) and 30 (5) of the Development Act 1993. Option 3 That Council does not confer any delegated authority to the Strategic Planning and Development Policy Committee to determine any matters relating to Development Plan Amendments and Strategic Directions Reports as required by Section 25, 26, 30 and 101A of the Development Act 1993. DECISION 3 That Council adopts the Terms of Reference for the Strategic Planning and Development Policy Committee as detailed in the attachment to this report on pages 53-56 of this agenda. Option 2 That Council adopts the Terms of Reference for the Strategic Planning and Development Policy Committee as detailed in the attachment to this report on pages 53-56 of this agenda with the following amendments: [list]

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15.6 LOCAL GOVERNMENT ACT 1999 AND LOCAL GOVERNMENT

(ELECTIONS) ACT 1999 – PROPOSED AMENDMENTS Maggie Dowling/Meredith Nunan (23 July 2013) (Ref: FF/2013/400 : 13.81462) PROPOSAL To seek Council comment on proposals to amend the Local Government Act 1999, the Local Government (Elections) Act 1999 and related regulations. BACKGROUND The Office of State/Local Government Relations and the Local Government Association (LGA) have jointly prepared a set of proposals which would seek to amend the Local Government Act 1999, the Local Government (Elections) Act 1999 and related regulations. The proposed amendments are the result of:

Council responses to a discussion paper, Improving Government; the Local Government Elections Review (of the 2010 Local Government

elections); separate submissions from the LGA; and recommendations from the Ombudsman. Attachments: Summary of legislative proposals (refer attachment pp 57-79). STRATEGIC OBJECTIVES / POLICY POSITION Objective 21 Good Governance

Accountable governance and robust corporate systems for decision making and risk management

OPTIONS FOR CONSIDERATION Option 1 (Staff Recommendation) That Council endorses the comments by Administration on the summary of legislative proposals as detailed in attachment pp 57-79 of this agenda and prepares a submission to the Local Government Association. Option 2 That Council endorses the comments by Administration on the summary of legislative proposals as detailed in attachment pp 57-79 of this agenda with the following amendments:

[List amendments]

and prepares a submission to the Local Government Association.

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DISCUSSION OF OPTIONS The amendments fall into several categories which can be summarised as follows: Technical amendments Such amendments are proposed to overcome inconsistencies and omissions in the Act, and where reference to a matter is now superfluous, such as councils determining member allowances. Clarification This occurs with regard to definitions such as standing committee and relative. Clarification has also been needed for example, to determine when a casual vacancy is triggered, and to expand the use of councils’ emergency powers to matters other than just flooding. Improved accountability and transparency Proposed amendments range from prudential requirements for land valuations, disclosure by members of their workplaces, if relevant, and use of Council’s website as an additional platform for the publication of public notices, public budget documents and released confidential items. Personal safety In particular, this refers to the removal of abandoned vehicles. Treatment of confidential material This matter relates to the ability of the Chief Executive Officer to withhold material from members who have a declared interest in a matter. Election matters A number of matters have received attention, including: The length of time election signs can be displayed, and the obtaining of

consent from the owners of infrastructure in order to place signs;

The timing of the close of polls

The timing of the ballot draw;

The counting method used in elections for single member vacancies;

A change to the section on designated decisions during a caretaker period; and

The declaration of political affiliations by candidates in Local Government elections.

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Members’ attention is particularly drawn to the dot point above concerning designated decisions during a caretaker period. There are four designated decisions which cannot be decided during an election period. Three relate to the appointment/termination of a CEO and entering into contracts of value greater than $100,000 or 1% of Council revenue. The fourth designated decision related to the use of Council resources so as not to advantage a particular candidate or group of candidates. The application of the latter caused this Council some degree of angst. It is proposed that this fourth designate decision is removed. Option 1 (Staff Recommendation) A table of all the proposed amendments to legislation appears in attachment pp 57-79. The table has been prepared by the LGA. It provides the source of each of the proposed amendments, what the proposal seeks to achieve, as well as the position of the LGA and administration. In most cases, administration supports the changes. There are some however which are not supported, where more clarification is sought or where administration has no particular position. They are:

Local Government Act 1999 S.67 Updating of Elected Member Registers of Interest

There is logic in updating a Primary Return as this is a prospective return and there could be any number of changes that need to be recorded. An Ordinary Return is retrospective (for the previous 12 months). Unless there is an error in the Return, any future changes are irrelevant to the document.

S70 Elected Member Registers of Interest on the Council website

Administration does not support this. An interested person is already able to access a member’s Return.

S73(1) Conflict of interest – to include gifts and benefits received in the past

Members may consider that the option is already there to err on the side of caution and declare an earlier interest.

S90(4) Use of confidentiality provisions – controversial or sensitive matters not to be considered

This is overly prescriptive as there may be situations when it is appropriate for Council to go into confidence.

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Local Government Act 1999 S90(7) or S91(9) Need to call a division every time Council resolves to go into confidence.

There is already an option for a division to be called. There is no need to make it mandatory.

S97 Resignation of CEO – and the ability to withdraw a resignation

No position

S226(3)(ca) Period of time for election signs to be extended.

The current 4 week time limit is long enough for Council staff to monitor the signs. It will compound the problem of visual pollution.

Local Government Elections Act 1999 S6(8) Closing time for voting in supplementary elections.

No position. While the aim for consistency is accepted, the current closing time of 12 noon allows for a single count to occur and a result to be known that same afternoon. Counting in periodic elections does not commence until the Saturday, so the 5pm close is reasonable.

S9(6) Closing time for voting in a poll

No position. Same comment as above.

S19A Remove the facility to publish candidate statements on the LGA website for supplementary elections

No position. It would however mean that Council would need to provide the information on the Council website, whereas a link has been provided in the past to the LGA page.

S47 Postal voting

No position. This would only be required if there is a change to the current 12 noon close of voting for supplementary elections.

S48 Method of counting in single member vacancies

No position. This is purely a matter for the Electoral Commission.

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Development Regulations 2008 Schedule 3, Clause 1(f)(ii) Length of time for election signs to be displayed

This is in order not to create an inconsistency with S226(3)(ca) of the Local Government Act 1999 above.

SA Local Government Grants Commission Act 1992 S21(1) Local Government Grants Commission reports

No position. This is only a matter of concern to the Local Government Grants Commission.

LGA Proposal for amendment S83(4)(b) This proposal needs clarification.

Needs to be clear that it would only apply to members who declare and interest and subsequently leave the chamber; and It should only apply where there is a close personal/professional involvement. In many instances, a workplace conflict may be quite remote to the matter under discussion.

Feedback from councils on the proposals is required by the LGA by 15 August 2013. Option 2 Members may wish to adopt a different position than those proposed by administration. Community Implications Not applicable. Economic Implications Not applicable. Environmental / Heritage Implications Not applicable. Cost Shifting Implications Not applicable.

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Impact on Budget including Lifecycle Costing Not applicable. Staffing Implications Not applicable. Risk Management / OHS Assessment Not applicable. Engagement There have been opportunities in the past for Members to participate in submissions relating to governance in Local Government and the conduct of Local Government elections. In addition to providing feedback on the proposed amendments to legislation, there will be a further opportunity when the legislation is drafted. CONCLUSION From time to time, legislation is reviewed and amended. The current review is the outcome of several assessments by the LGA and the Electoral Commission of SA. In addition the Ombudsman and the Minister have also made recommendations as the result of their own investigations. Feedback on the proposed amendments is required by the LGA by 15 August 2013. RECOMMENDATION - ITEM 15.6

Option 1 (Staff Recommendation) That Council endorses the comments by Administration on the summary of legislative proposals as detailed in attachment pp 57-79 of this agenda and prepares a submission to the Local Government Association. Option 2 That Council endorses the comments by Administration on the summary of legislative proposals as detailed in attachment pp 57-79 of this agenda with the following amendments: [List amendments]

and prepares a submission to the Local Government Association.

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15.7 DELEGATIONS UPDATE – JULY 2013 Craig Harrison/Meredith Nunan (Prepared: 24/6/2013) FF/2011/2516 : 13.74757 PROPOSAL To seek Council endorsement of recent changes to delegations with respect to the South Australian Public Health Act 2011, South Australian Public Health (Legionella) Regulations 2013 and South Australian Public Health (Wastewater) Regulations 2013 and to revoke superseded delegations under the former Public and Environmental Health Act 1987. BACKGROUND Section 44 of the Local Government Act 1999 provides that Council may delegate a power or function vested or conferred under this or another Act. Under Section 44, Council can make delegations to:

a committee of Council a subsidiary of Council an employee of Council an authorised person

The Local Government Association in conjunction with its legal panel, reviews legislation on an ongoing basis and provides regular updates regarding delegations. The updates respond to changes in legislation. The recommended delegations are reviewed for their appropriateness for the City of Mitcham and then submitted to Council for approval. Council delegates powers and functions to the Chief Executive Officer because it is not practical for Council to be involved in the majority of practical and operational decision making. There will however always be matters on which Council will wish to retain the power to make a determination. Attachments: Delegations to be revoked and deleted from the Delegations Manual

pursuant to the Public and Environmental Health Act 1987 and Public and Environmental Health (Waste Control) Regulations 2010 (attachment pp 80-85).

Proposed delegations pursuant to the South Australian Public Health Act 2011, South Australian Public Health (Legionella) Regulations 2013 and South Australian Public Health (Wastewater) Regulations 2013 (attachment pp 86-105).

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STRATEGIC OBJECTIVES / POLICY POSITION Goal 6 Excellence in Government

Objective 21 Good Governance

Accountable governance and robust corporate systems for decision making and risk management

RECOMMENDATION That having reviewed delegations under the Public and Environmental Health Act 1987, Public and Environmental Health (Waste Control) Regulations 2010, South Australian Public Health Act 2011, South Australian Public Health (Legionella) Regulations 2013 and South Australian Public Health (Wastewater) Regulations 2013 in accordance with Section 44(6) of the Local Government Act 1999, the Council: 1. Revocations 1.1 Hereby revokes its previous delegations to the Chief Executive of

those powers and functions under the following:

1.1.1 Public and Environmental Health Act 1987 and Public and Environmental Health (Waste Control) Regulations 2010.

2. Delegations made under the Local Government Act 1999 2.1 In exercise of the power contained in Section 44 of the Local

Government Act 1999 the powers and functions under the following Act and specified in the proposed Instrument of Delegation contained in attachment pp 86-105 of this agenda are hereby delegated this 23rd day of July 2013 to the person occupying the office of Chief Executive Officer.

2.1.1 South Australian Public Health Act 2011, South Australian

Public Health (Legionella) Regulations 2013 and South Australian Public Health (Wastewater) Regulations 2013.

2.2 Such powers and functions may be further delegated by the Chief

Executive Officer in accordance with Sections 44 and 101 of the Local Government Act 1999 as the Chief Executive Officer sees fit.

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DISCUSSION The delegations for consideration on this occasion relate to the following legislation: Public and Environmental Health Act 1987 South Australian Public Health Act 2011, South Australian Public Health

(Legionella) Regulations 2013 and South Australian Public Health (Wastewater) Regulations 2013

Public and Environmental Health Act 1987 The Public and Environmental Health Act and its associated Regulations have been superseded by the South Australian Public Health Act 2011. All delegations under the former Act require revocation. They appear in attachment - pp 80-85. South Australian Public Health Act 2011 The first tranche of delegations under this Act were endorsed by Council in December 2012. The remainder of the provisions of the Act became operative on 16 June 2013. On the same day, the South Australian Public Health (Legionella) Regulations 2013 and the South Australian Public Health (Wastewater) Regulations 2013 came into operation. The delegations fall under the following headings: South Australian Public Health Act 2011 Local Authorised Officers Identity Cards Regional Public Health Plans Reporting on Regional Public Health Plans Notices Action on Non-compliance with Notice Action in Emergency Situations Appeals South Australian Public Health (Legionella) Regulations 2013 Duty to Register High Risk Manufactured Water System Register of High Risk Manufactured Water Systems Power of Council to Require Microbiological Testing in Other

Circumstances Fees

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South Australian Public Health (Wastewater) Regulations 2013 Relevant Authority Public Notification of Proposed Community Wastewater Management

System Connection to Community Wastewater Management System Exemptions Exemptions from Prescribed Codes Application Determination of Application Conditions of Approval Expiry of Approval Registers of Wastewater Works Approvals Requirement to Obtain Expert Report Fees The new delegations appear in red in attachment - pp 86-105. Community Implications N/A Economic Implications N/A Environmental / Heritage Implications N/A Cost Shifting Implications N/A Impact on Budget including Lifecycle Costing N/A Staffing Implications Staff will be advised of their delegated responsibilities. Risk Management / OHS Assessment Delegated authority from Council is essential for Administration to implement Council’s decisions and to comply with legislation.

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Engagement This report advises Members of the delegations which Council is able to provide to Administration. Officers will be advised in writing of all changes to their delegations. CONCLUSION Council regularly updates its delegations as changes to legislation occur. Delegation of authority under the various legislation by Council to the Chief Executive Officer allows the Chief Executive Officer to effectively carry out the business of Council. RECOMMENDATION - ITEM 15.7 Option 1 (Staff Recommendation) That having reviewed delegations under the Public and Environmental Health Act 1987, Public and Environmental Health (Waste Control) Regulations 2010, South Australian Public Health Act 2011, South Australian Public Health (Legionella) Regulations 2013 and South Australian Public Health (Wastewater) Regulations 2013 in accordance with Section 44(6) of the Local Government Act 1999, the Council: 1. Revocations 1.1 Hereby revokes its previous delegations to the Chief Executive of

those powers and functions under the following:

1.1.1 Public and Environmental Health Act 1987 and Public and Environmental Health (Waste Control) Regulations 2010.

2. Delegations made under the Local Government Act 1999 2.1 In exercise of the power contained in Section 44 of the Local

Government Act 1999 the powers and functions under the following Act and specified in the proposed Instrument of Delegation contained in attachment pp 86-105 of this agenda are hereby delegated this 23rd day of July 2013 to the person occupying the office of Chief Executive Officer.

2.1.1 South Australian Public Health Act 2011, South Australian

Public Health (Legionella) Regulations 2013 and South Australian Public Health (Wastewater) Regulations 2013.

2.2 Such powers and functions may be further delegated by the Chief

Executive Officer in accordance with Sections 44 and 101 of the Local Government Act 1999 as the Chief Executive Officer sees fit.

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15.8 NEW AGENDA STRUCTURE AND RELATED COUNCIL PROCESSES

Maggie Dowling (Meeting date: 23 July 2013) (Ref: FF/2011/1045) PROPOSAL To advise Council of an improved Agenda structure and changes to related processes and to seek Council endorsement of recommendations where required. BACKGROUND As previously advised by memo on 31 May 2013, Administration has reviewed Council’s workload, the Full Council Agenda structure and processes with a view to reducing workloads, improving our governance processes and creating efficiencies. The main driver for the review was to make certain that Elected Members have more time to discuss the more complex issues that come before Council and that Administration also maximises its time on those matters too. The improvements will deliver on these drivers. The memo requested that Elected Members provide feedback on the proposed changes. This feedback has been considered in the determination of its findings and recommendations. Attachments: New Agenda structure (refer attachment pp 106). STRATEGIC OBJECTIVES / POLICY POSITION Goal 6 Excellence in Government Good Governance

Accountable governance and robust corporate systems for decision making and risk management.

Policy reference: Code of Practice Meeting Procedures (No 13.73077) OPTIONS FOR CONSIDERATION DECISION 1 Option 1 (Staff Recommendation)

That the delegation of Section 41 Committees be changed to enable those Committees to formally receive information reports thereby negating the need to have Section 41 Committee information reports as part of the Full Council Agenda.

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Option 2

That the delegation of Section 41 Committees not be changed to enable those Committees to formally receive information reports thereby retaining the need to have Section 41 Committee information reports as part of the Full Council Agenda.

DECISION 2 Option 1 (Staff Recommendation) (1) That the following be provided to Full Council on a quarterly basis as

“Information Only” reports:

(a) Traffic Management Project List and Priorities

(b) Stormwater Projects – Priority List - Update

(2) That the “Staff Movements” report is not provided through the Full Council Agenda but is to be provided to Elected Members monthly via a memo posted to the intranet and Elected Members notified by email when the report is available.

Option 2 That the “Staff Movements” report continues to be provided through the Full Council Agenda on a monthly basis.

DISCUSSION

The majority of changes are within Administration’s delegation. However, there are changes that can only be made by resolution of Council and others that Administration deems appropriate for Council to determine hence recommendations are provided for these proposed changes.

Therefore the changes are presented below in two segments, being those that Administration can implement under delegation and those proposed for resolution by Council. CHANGES WITHIN ADMINISTRATION’S DELEGATION The changes below are within Administration’s delegation and these will be implemented commencing the first Full Council meeting of August, ie 13 August 2013 unless there is a Council decision to the contrary.

1. Workload Reduction: Only urgent/necessary business to be conducted on the first Tuesday of the month. Administration will not schedule briefings on the first Tuesday of the month unless absolutely necessary. Therefore only continuations of adjourned Full Council meetings, Special Full Council meetings or urgent briefings will be scheduled on the first Tuesday of the month.

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2. Reduce Duration of Council and Committee Meetings and Improve Governance A copy of the new Agenda structure is attached (pp 106):

The proposed Agenda changes are as follows: 2.1 The order of the Agenda has been changed to ensure that

business reports are considered as a priority rather than near the end of the meeting. Currently, business items are being debated and decisions made late in the evening bringing with it the risk of Elected Members being tired and the public gallery having to wait lengthy periods to hear the debate on pertinent matters.

2.2 Minutes of Section 41 Committee meetings will not be formally “received” by Council (that is there will not be a resolution to that effect).

2.3 Recommendations from Section 41 Committees requiring a decision of Council will continue to be listed in the Agenda but will not be moved en-bloc (information reports can be moved en bloc should the delegations of the Section 41 Committees not be changed – refer point 1. of “Changes to be implemented by resolution of Council” below). Copies of the Agendas of Section 41 Committees whose recommendations form part of the Full Council meeting will be need to be brought by Elected Members to the Full Council Meetings (those with iPads can bring them up electronically on the night). For the public, the Full Council Agenda on Council’s website will have electronic links to the Section 41 Committee Agendas. Hard copies in the Gallery on the night of the Full Council meeting will be the complete suite of Full Council Agenda plus all relevant Section 41 Committee Agendas.

2.4 “Development Assessment Panel” is removed from the Full

Council Agenda. That is the minutes of DAP meetings will not be formally “received” by Council.

2.5 “Any Other Business” is removed from the Full Council

Agenda. 2.6 Attachments to reports will immediately follow the reports – i.e.

Attachments will not be one block of documents found at the back of the Agenda.

2.7 The following reports will be provided to Full Council on a

monthly basis as “Information Only” reports:

(a) Brownhill and Keswick Creek Stormwater Project Update

(b) Trees to be Removed

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2.8 The “Trees Removed” report will not be produced.

CHANGES TO BE IMPLEMENTED BY RESOLUTION OF COUNCIL There are changes that can only be made by resolution of Council and others that Administration deems appropriate for Council to determine. These are: 1. Section 41 Committee Delegations:

Administration recommends that the delegation of Section 41 Committees be changed to enable those Committees to formally “receive” information reports thereby negating the need to have information reports on Section 41 Committee Agendas as part of the Full Council Agenda. This will require a resolution of Council as presented in this report and the Terms of Reference for each Committee amended accordingly.

2. Change in Frequency of Reports:

Administration recommends that the following reports be provided to Full Council on a quarterly basis (as opposed to monthly) as “Information Only” reports:

(a) Traffic Management Project List and Priorities

(b) Stormwater Projects – Priority List – Update 3. Staff Movements Report to be provided via Memo:

Administration recommends that the “Staff Movements” report is not provided through the Full Council Agenda but is provided to Elected Members via a memo posted to the intranet and Elected Members notified by email when the report is available. The Staff Movements Report has been part of the Full Council Agenda as a result of a Full Council Resolution of 24 July 2001 (Item 15.3 - Cr Gellie - Staff Movements):

“That Council employee movement in and out be reinstated in the Full Council Agenda as from next month.”

As this decision was made prior to the last periodic election it does not require a rescission motion. A new resolution not to have it form part of the Agenda will suffice and a suitable recommendation has been provided as part of this report.

Implementation Changes will take effect at Full Council on 13 August 2013. Community Implications Improved process for the public: Business matters are prioritised enabling the Public Gallery to hear pertinent matters earlier in the evening of Full Council meetings.

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Economic Implications N/A Environmental / Heritage Implications N/A Cost Shifting Implications N/A Impact on Budget including Lifecycle Costing N/A Staffing Implications N/A Risk Management / OHS Assessment N/A Engagement N/A CONCLUSION The changes proposed to the Full Council Agenda, processes and Section 41 Committee Terms of Reference will reduce workloads and improve the efficiency of Full Council meetings and provide Elected Members with more time to focus on Council’s more complex issues. RECOMMENDATION - ITEM 15.8 DECISION 1 Option 1 (Staff Recommendation) That the delegation of Section 41 Committees be changed to enable those Committees to formally receive information reports thereby negating the need to have Section 41 Committee information reports as part of the Full Council Agenda. Option 2 That the delegation of Section 41 Committees not be changed to enable those Committees to formally receive information reports thereby retaining the need to have Section 41 Committee information reports as part of the Full Council Agenda.

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DECISION 2 Option 1 (Staff Recommendation) (1) That the following be provided to Full Council on a quarterly basis as

“Information Only” reports:

(a) Traffic Management Project List and Priorities

(b) Stormwater Projects – Priority List - Update

(2) That the “Staff Movements” report is not provided through the Full Council Agenda but is to be provided to Elected Members monthly via a memo posted to the intranet and Elected Members notified by email when the report is available.

Option 2 That the “Staff Movements” report continues to be provided through the Full Council Agenda on a monthly basis.

15.9 CODE OF PRACTICE – MEETING PROCEDURES - REVIEW Maggie Dowling/Meredith Nunan (Meeting date: 23 July 2013) (Ref: FF/2012/902/13.19571) PROPOSAL To amend the Code of Practice – Meeting Procedures. (Note: The adoption of the Code of Practice Meeting Procedures requires a resolution supported by at least two-thirds of the members of Council (Section 7(3) of the Local Government (Procedures at Meetings) Regulations 2000), therefore should there be less than 10 Elected Members present at the meeting, not including the Mayor as he is entitled only to a casting vote, this Item will need to be deferred.) BACKGROUND A workshop was held for Elected Members on Tuesday, 5 February 2013, at which Michael Kelledy of KelledyJones Lawyers, answered questions on a range of matters relating to meeting procedures. There has been continuing dialogue with Elected Members regarding meeting procedures. Many of the matters are not directly covered by the Local Government (Procedures at Meetings) Regulations 2000 (the Regulations). However, Council is able to establish agreed protocols, to be included in the Code of Practice – Meeting Procedures (the Code). Attachments: Draft amended Code of Practice – Meeting Procedures, Policy number

13.73077 (refer attachment pp 107-134).

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STRATEGIC OBJECTIVES / POLICY POSITION Objective 21 Good Governance

Accountable governance and robust corporate systems for decision making and risk management

Objective 24 Council Reputation An organisation recognised as a leader in government

Code of Practice – Meeting Procedures (January 2013) OPTIONS FOR CONSIDERATION Option 1 (Staff Recommendation) That Council endorses the Code of Practice – Meeting Procedures, Policy number 13.73077 as appears in attachment pp 107-134 of this agenda. Option 2 That Council endorses the Code of Practice – Meeting Procedures Policy number 13.73077 as appears in attachment pp 107-134 of this agenda with the following amendments: [List]

DISCUSSION OF OPTIONS In addition to recommending additional meeting protocols aimed at improving and streamlining the conduct of meetings, the opportunity has been taken to re-format the document in order to make it easier to follow. Current and recommended Mitcham protocols which have a direct bearing on the Regulations are now placed (within a box) immediately following the relevant sub regulation. As a result, the change that Council has previously made to sub regulation 13(10) (Motions) now appears immediately following this sub regulation. It now is also repeated after sub regulation 14(1) (Amendments to Motions), for additional clarity. All other related material concerning a Regulation will continue to appear in a box at the end of relevant Regulation. There is also a range of local protocols which, while not directly related to the Regulations, nevertheless have a bearing on the smooth running of meetings. These matters, which previously appeared throughout the Code, now appear at the end of the Code.

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In response to a Member request, one of the amendments to the draft Code provides the opportunity for Members to complete feedback sheets at the end of each Council Meeting. This is seen as a constructive way to continually improve the way that meetings are conducted. This matter appears under Meeting Protocols in the section: Additional Provisions (City of Mitcham), at the back of the Code. All local Mitcham provisions will appear in colour (green) in the Code, in order to clearly differentiate them from the Regulations. For the purpose of this report, all recommended changes to the Code appear in red in the attachment (pp 107-134). Once endorsed, they will also appear in green in the Code. Members should note that in order to either: amend a Regulation where this is expressly permitted under the

Regulations, or amend an existing Code of Practice – Meeting Procedures Regulation 7(3) of the Regulations must be followed. This states that Council:

may at any time, by resolution supported by at least two-thirds of the members of the Council as a whole, alter a code of practice, or substitute or revoke a code of practice.

At least 10 members must support the motion. Option 1 ( Staff Recommendation) The suggested new amendments are as follows, including a reference to the appropriate page and heading in the Code of Practice:

Amendments relating to the Regulations Regulation / Protocol

Issue Administration recommendation for inclusion in Code of Practice

Regulation 10 – Questions P.6

How to deal with questions that are prompted from a Question on Notice.

Local provision Questions that arise from the answer provided to a Question on Notice should be raised in the Council agenda item, Questions without Notice.

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Amendments relating to the Regulations Regulation / Protocol

Issue Administration recommendation for inclusion in Code of Practice

Regulation 13(10) – Motions P.10

The ability to speak to an amendment and then also to the final motion

Change to Regulation (as per Regulation 13(19)) - requiring support of at least two thirds of the members of council. (addition to current provision) Members who speak to an amendment may, if they have not spoken to the original motion, also speak to the motion.

P.12 Order in which Motions without Notice are taken. The current custom is that Motions without Notice that are forwarded to Administration prior to the meeting are dealt with first. Early notification of motions without not-ice can provide a greater ability for Administration to respond at the meeting.

Local provision Motions without notice will be dealt with in the order in which they are received. That is, those that are forwarded in writing and are received by Administration prior to the meeting will be dealt with first, in the order they are received, followed by any other Motions without Notice arising during the meeting.

P.12 Tied committee vote This means there is no decision to forward to Council.

Local provision Should there be a tied vote at a Committee meeting, there is no recommendation to Council. The report is to be treated as a new item of business on the next Council Agenda, to appear under General Business. The Full Council report will advise of the tied vote for the relevant motion.

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Amendments relating to the Regulations Regulation / Protocol

Issue Administration recommendation for inclusion in Code of Practice

P.12 Timing of declarations of conflict of interest For the protection of Members it is important for Members to under-stand when a conflict of interest should be declared.

Local provision If a Member has an interest in a matter before Council, that interest must be declared at the earliest possible opportunity, as soon as the presiding member announces the item. A Member must make a full and accurate disclosure for re-cording in the minutes. A Member need not leave the room if the item is for ‘Information Only’ or there is an exemption under Section 74(4a) or (4b) of the Act.

Regulation 14(3) – Amendments to Motions P.13

Refer to change to Regulation 13(10) To be consistent with Regulation 13(10).

Change to Regulation (as per Regulation 14(6)) - requiring support of at least two thirds of the members of council. Members who speak to an amendment may, if they have not spoken to the original motion, also speak to the motion.

Regulation 16 – Addresses by Members etc. P.13

Length of meetings In the interests of more streamlined meetings, it is suggested that the length of time of members’ addresses is reduced.

Change to Regulation (as per Regulation 16(6)) - requiring support of at least two thirds of the members of council. A Member should only speak with the acknowledgement of the presiding member and must not speak for longer than three minutes at any one time without leave of the meeting. Leave of the meeting will only be granted once, providing a maximum speaking time of six minutes.

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Amendments relating to the Regulations Regulation / Protocol

Issue Administration recommendation for inclusion in Code of Practice

P.14 Leave of the Meeting Several regulations require leave of the meeting in order to proceed. Clarification is needed as to how this is determined.

Local provision Leave of the meeting is obtained by a show of hands of members present. A simple majority is required.

Regulation 18 – Divisions P.15

Divisions called by the presiding member

Local provision A division will be taken at the request of a member including the presiding member.

Regulation 21 – Short-term suspension of Proceedings P.16

Use of Regulation to enable strategic discussion.

Local provision Short term suspension of proceedings can be utilised for presentations and discussion of strategic items.

Regulation 28 – Points of order P.19

The recording of points of order

Local provision Points of order will be recorded in the Minutes and will include: the name of the member

raising the Point of Order the nature of the alleged

breach of the Act or these Regulations and the section or regulation to which it refers

the name of the member who is the subject of the Point of Order

if a Point of Order is raised by a member, but is ruled not to be a Point of Order, it will not be recorded in the Minutes.

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Amendments relating to the Regulations Regulation / Protocol

Issue Administration recommendation for inclusion in Code of Practice

Regulation 29(1) – Interruption of Meetings by Members P.20

Interruptions due to repeated Points of Order

Local provision Members who are deemed to deliberately use invalid Points of Order to interrupt a speaker, can be in breach of Regulation 29.

Amendments relating to other local meeting protocols Regulation/ Protocol

Issue Administration recommendation for inclusion in Code of Practice

Order of business P.21

Bringing forward single Committee agenda items at a Council meeting

Local provision Order of business a) The Council and its

Committees shall strictly adhere to the order of business on the Agenda, being the items of which the members of the public have been notified.

b) The presiding member may

seek the leave of the meeting to change the order of business and members may request the presiding member to seek the leave of the meeting to change the order of business.

c) The meeting may resolve to

change the order of business, despite a contrary ruling by the presiding member.

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Amendments relating to other local meeting protocols Regulation/ Protocol

Issue Administration recommendation for inclusion in Code of Practice

Adoption of recommendations from s41 Committees P.21

Differentiation between items which must be adopted individ-ually and those which can be adopted en bloc

Local Provision a) Each Committee

recommendation will appear in the Council agenda and will be considered separately by Full Council, with the exception of recommend-ations that are to receive information reports, which Council can choose to move en bloc.

b) Where a Committee

recommendation differs from a staff recommendation, both recommendations will be included in the Council agenda.

c) The presiding member will

ask if a member wishes to move a Committee recommendation before receiving motions to a different effect.

d) Copies of the Agendas of

Section 41 Committees whose recommendations form part of the Full Council Meeting will need to be brought by elected members to the Full Council Meetings. For the public, the Full Council Agenda on Council’s website will have electronic links to the Section 41 Committee Agendas.

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Amendments relating to other local meeting protocols Regulation/ Protocol

Issue Administration recommendation for inclusion in Code of Practice

Adoption of policies P.21

How to best identify new and amended policies in the minutes

Local Provision When adopting a new policy or amending an existing policy, the resolution should identify the Policy by name, Policy number and indicate where the attachment appears in the agenda.

Role of the Presiding Member P.21

The ability of the presiding member to speak in debate

Local Provision The presiding member is the regulator and facilitator of a meeting and as such must be impartial. If the presiding member wishes to speak, it should be either at the beginning of the debate (after the motion has been moved and seconded) or after all other Members who wish to speak have done so, and before the mover in reply.

Use of mobile phones and electronic equipment P.24

Limiting the use of electronic devices during meetings – and especially the use of social media

Local Provision Use of other electronic devices should be limited to accessing email and internet usage that may be required from time to time during a meeting, for the purposes of that meeting. The use of social media is discouraged.

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Amendments relating to other local meeting protocols Regulation/ Protocol

Issue Administration recommendation for inclusion in Code of Practice

Meeting feedback sheets P.24

A process for constructive feedback on the conduct of Council meetings – for the benefit of the presiding member and Administration

Local Provision A feedback sheet is available for use by members at the conclusion of the Council Meeting to enable constructive feedback to be provided to the presiding member and administration in the interest of continuous improvement.

Conflict of interest P.25

Possible conflict arising from election to a paid board/subsidiary position There is a distinction made between external boards and subsidiaries. There is no conflict when a Member is elected as board member of a subsidiary. The current practice outlined in the Code is to be amended.

Local Provision Where an election of an Elected Member relates to an external position on a board where sitting fees are paid (e.g. Local Government Finance Authority), the nominee/s should declare an interest and absent himself/ herself from the selection process. This does not apply to election to the board of a Council subsidiary, even though sitting fees may apply.

The Code of Practice – Meeting Procedures in attachment pp 107-134 shows the new inclusions and amendments which appear in red. Option 2 Members may wish to amend the suggested additions and amendments to the Code of Practice – Meeting Procedures. Community Implications The Code of Practice – Meeting Procedures is a Council endorsed reference tool designed to assist decision making by providing for the smooth operation of Council and Committee meetings.

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Economic Implications Not applicable. Environmental / Heritage Implications Not applicable. Cost Shifting Implications Not relevant. Impact on Budget including Lifecycle Costing Not applicable. Staffing Implications Not relevant. Risk Management / OHS Assessment Not relevant. Engagement Members had the opportunity to attend a Meeting Procedure workshop where a range of questions were answered by Michael Kelledy. The workshop has provided the impetus for the amendments to the Code of Practice – Meeting Procedures. Members have also been given the opportunity to comment further on the proposed draft changes. CONCLUSION The Code of Practice – Meeting Procedures is an important reference tool for Elected Members in that it assists with the smooth running of Council and Committee meetings by providing interpretations of legislation where required and outlining Council-endorsed protocols. An Elected Member workshop highlighted some procedural matters which require greater clarity. Amendments and additions, as well as changes to formatting of the document have been made to the Code to increase its usefulness. Amongst the number of changes, there are proposed changes to three of the Regulations, these being Regulation 13(10), Regulation 14(3) and Regulation 16(1). The three sub regulations are capable of being varied under the Regulations. In order to effect the changes, at least two thirds of the members of the Council as a whole (this being 10 members) must support the changes.

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Likewise, in order to adopt an amended Code of Practice – Meeting Procedures, at least two thirds of the members of the Council as a whole must support the motion. RECOMMENDATION - ITEM 15.9 Option 1 (Staff Recommendation) That Council endorses the Code of Practice – Meeting Procedures, Policy number 13.73077 as appears in attachment pp 107-134 of this agenda. Option 2 That Council endorses the Code of Practice – Meeting Procedures Policy number 13.73077 as appears in attachment pp 107-134 of this agenda with the following amendments: [List]

15.10 KAURNA INDIGENOUS LAND USE AGREEMENT Wade Reynolds / George Forbes / Paul Kelly (Meeting Date: 23 July 2013) (Ref: FF/2013/265 : RN: 13.82452) PROPOSAL To consider: (1) Entering into a Indigenous Land Use Agreement with participating

Councils and the Kaurna Peoples Native Title claimants; and

(2) Providing ongoing funding for the management of the Indigenous Land Use Agreement and the operation of a Liaison Committee.

BACKGROUND The Local Government Leadership Group held briefing sessions for Chief Executive Officers, Mayors and relevant senior staff of participating councils in May 2013 to obtain approvals and signatures on the Indigenous Land Use Agreement. Following on from these briefings, the Local Government Association produced a report template to assist individual councils to consider the Kaurna Indigenous Land Use Agreement. The template provided by the Local Government Association has been used as the basis of this report. This report aims to provide:

An overview of the Kaurna / Local Government Indigenous Land Use Agreement;

The key elements contained in the Indigenous Land Use Agreement which provide protocols to Council for managing Native Title and Aboriginal heritage more advantageous to it than current ad hoc arrangements; and

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A clear rationale for approving and adopting the Indigenous Land Use Agreement.

The full agreement is attached (pp 135-203). Background to the Indigenous Land Use Agreement As the Indigenous Land Use Agreement process has been operating for some significant time in South Australia it is valuable to provide to Council an historical background and context to the Indigenous Land Use Agreement. The Statewide Native Title Resolution Process For the past 12 years the Statewide Native Title Resolution process has driven the resolution of Native Title claims in South Australia. The Statewide Native Title Resolution process (in accordance with the State's Strategic Plan) aims to resolve 75% of Native Title claims by 2014 through: (a) Negotiated Indigenous Land Use Agreements and withdrawal of

claims; or (b) Negotiated Indigenous Land Use Agreements as part of a Consent

Determination. The process initially involved the State Government, the Aboriginal Legal Rights Movement Inc (now the South Australian Native Title Services), the South Australian Chamber of Mines and Energy Inc and the South Australian Farmers' Federation. The initiative subsequently was joined by the Local Government Association of South Australia (approximately nine years ago) and Wildcatch Fisheries of South Australia (the peak body representing commercial fishing interests). The process has included all significant stakeholders with interests in land which may be the subject of Native Title claims or susceptible to such a claim. The process involved in all sectors has been for the relevant peak body, the Aboriginal Legal Rights Movement / South Australian Native Title Services (ALRM / SANTS) and the State to negotiate a proforma template Indigenous Land Use Agreement in relation to the interests of the particular sector and Native Title parties relative to that sector. Once the proforma template is agreed between these parties, negotiations are commenced between individual claim groups, the relevant peak body and the State for a specific Indigenous Land Use Agreement. This approach has meant a significant upfront investment in the development of Indigenous Land Use Agreement documentation and the employment of a large amount of "seed capital". However, it has also meant that this initial investment has often paid significant dividends in facilitating and simplifying individual negotiations with substantial reductions in the time and cost involved in them.

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The template Local Government Indigenous Land Use Agreement developed by Local Government Association of South Australia with ALRM / SANTS and the State in relation to local government and State operations and developments on Crown Land and Crown Reserves was based on the State / Local Government Indigenous Land Use Agreement negotiated with the Narungga People of the Yorke Peninsula. The Narungga Local Government Indigenous Land Use Agreement has been operational since 2004. The participating local councils in the Narungga State / Local Government Indigenous Land Use Agreement were funded by the Commonwealth Attorney-General’s Department. The development of the template Indigenous Land Use Agreement from that base thus reflects an example of the wider benefits obtained from Commonwealth Attorney-General’s Department funding of Indigenous Land Use Agreement processes. The Ramindjeri Claim The key issue with this claim is that it has not been formally recognised as they did not pass the registration test established by the National Native Title Tribunal (NNTT). In order to satisfy the merit conditions of the registration test, applications must meet certain standards which include among other things: Reasonable identification of the area subject to the Native Title claim. Sufficient description of the persons in the Native Title group so they can

be identified. A description of the Native Title rights and interests claimed so that they

can be readily identified. Provide a sufficient factual basis for the rights and interests claimed,

including that the group has a continuing association with the area claimed; that traditional laws and customs giving rise to the rights and interests exist; and that the Native Title claim group have been able to hold the Native Title in accordance with those traditional laws and customs.

It is understood that the State Government is preparing a case to have the matter struck out in due course. The Kaurna / Local Government Indigenous Land Use Agreement The negotiation of the Kaurna Indigenous Land Use Agreement has been an extremely large and complex operation as it involves 28 of the 68 Local Government Councils in South Australia covering 83% of the population of South Australia. These 28 councils are all the councils within the boundaries of the Kaurna Native Title Claim (refer attachment p 202 for map of the Kaurna Native Title Claim area). Given the large number of participating councils it was necessary to streamline the negotiation process so the Local Government Leadership Group was established by the Local Government Association in late 2006. This was based on a notional four regions with three representatives from each region (a Principal Member, Chief Executive Officer and Senior Officer) and a chair nominated by the Local Government Association thus providing a group of 13 people.

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Due to retirements and resignations, a review of the future role and membership of the Local Government Leadership Group was undertaken in 2011 and a report was submitted to the Local Government Association for consideration. Following this the current structure and membership of the Local Government Leadership Group was endorsed by the Local Government Association State Executive. The Local Government Leadership Group endorsed by the State Executive currently comprises eight people: Principal Member Lachlan Clyne, City of Unley (Chair) Principal Member Brian Sambell, Town of Gawler Principal Member James Maitland, Wakefield Regional Council Mr Terry Buss, Chief Executive Officer, City of West Torrens Mr Michael Sedgman, former General Manager, Adelaide City Council Ms Rosa Gagetti, Manager Strategic & Corporate Policy, City of Port

Adelaide Enfield Mr Glen Millar, Former Manager Community Services, City of Holdfast

Bay. Until recently, Principal Member Felicity-Ann Lewis was Chair but upon her election as President of the Australian Local Government Association she had to stand down but still retains an active interest in having the matter successfully completed. The Local Government Leadership Group represents all of the participating councils and is the group of people who have represented the participating councils in negotiations with the Kaurna which have traversed a six year period. Historically, the approach to Native Title and Aboriginal heritage compliance land use has been handled by councils with an ad hoc and uncoordinated approach. The Kaurna Indigenous Land Use Agreement addresses the risk of non compliance under the Native Title Act and provides a uniform procedure for notification under certain acts of council such as capital works. The Local Government Leadership Group has indicated in principal agreement to participate in an Indigenous Land Use Agreement with the Kaurna to enter into Local Government where formal approval and sign off is now required by each of the individual 28 councils included within the agreement. At the time of preparing this report, 11 of the 28 Councils have already adopted the Agreement, with the remainder due to consider the Agreement over the next month or so. Attachments: Indigenous Land Use Agreement (refer attachment pp 135-201) Map of the Kaurna Claim Area (refer attachment pp 202) Council Funding Schedule (refer attachment p 203)

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STRATEGIC OBJECTIVES / POLICY POSITION

Objective 3 Open Space and Recreation Facilities Open space, parks and gardens and sporting and recreational

facilities that provide opportunities for relaxation, leisure, physical activity and play

Objective 4 City Character and Design A strong sense of place (local identities) with vibrant village

centres and development that respects local character, built form, the environment and heritage

OPTIONS FOR CONSIDERATION Option 1 (Staff Recommendation) (1) That Council enters into an Indigenous Land Use Agreement with

Kaurna People’s Native Title Claimants, by Garth Agius, Vince Buckskin, Lynette Crocker, Phillip Davies, Cecil Graham, Carroll Karpany, Shirley Lampard (Deceased), Joseph Mitchell, Rodney O’Brien (Deceased), Glenice Sumner, Frank Wanganeen, Maureen Wanganeen (Deceased), Georgina Williams, Kaurna Yerta Aboriginal Corporation, Kaurna Nation Cultural Heritage Association Incorporated and 27 other local councils’ Indigenous Land Use Agreement.

(2) That the execution, delivery and performance of the Council’s

obligations under the Indigenous Land Use Agreement be, and are hereby, approved.

(3) That Council enters into, execute and deliver the Indigenous Land

Use Agreement in the form of the drafts submitted at the meeting, together with any other document required in connection with the Indigenous Land Use Agreement and with such amendments as the Principal Member and Chief Executive Officer agree to on behalf of the Council.

(4) That the Indigenous Land Use Agreement and any other associated

documents be executed by the Mayor and Chief Executive Officer of the Council.

(5) That the Council approves the City of Mitcham’s allocation of

$6,736.89 from the 2013 / 2014 Budget and commits, in principle, a further $6,736.89 (indexed for CPI) annually for the following four years.

Option 2 That Council does not participate as a member of the Indigenous Land Use Agreement.

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DISCUSSION OF OPTIONS Benefits of the Indigenous Land Use Agreement Given the overwhelming proportion of land over which Native Title has been extinguished within the boundaries of the Kaurna Native Title Claim, the successful conclusion of the Kaurna Local Government Indigenous Land Use Agreement, dealing as it does with virtually all land over which Native Title is likely to persist, will likely contribute significantly to the settlement of the claim itself. The Kaurna Indigenous Land Use Agreement provides an opportunity for Local Government to: (1) Fulfil their obligations under the Native Title Act (Commonwealth) in a

simple and straightforward manner as opposed to having to meet those obligations in accordance with the complex future act procedures under the Native Title Act;

(2) Provide councils with easy accessibility to a workable, affordable pre-

negotiated Native Title agreement; (3) Negotiate a well developed benefits package for the Kaurna

community otherwise not likely to be obtained; (4) Include an Aboriginal heritage protocol which promotes and facilitates

protection of Aboriginal heritage and a predetermined, uniform and consistent approach in this regard across all participating councils benefiting both them and the Native Title claim group.

(5) Deal with Aboriginal heritage and planning issues as they may affect

Indigenous interests in a uniform, mutually agreeable and meaningful way; and

(6) Provide for ongoing development of relationships to assist Local

Government achieve its goal of commitment to reconciliation. An Indigenous Land Use Agreement "value adds" through the Local Government template Indigenous Land Use Agreement by: (1) Providing councils with a practical and uniform set of protocols in

relation to their Native Title and Aboriginal heritage obligations and a planning protocol to meet Indigenous heritage concerns;

(2) Relationship building with Indigenous parties, ie "humanises" the

process; and

(3) Providing indigenous community benefits, including employment opportunities / training.

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To date, councils have not been required to fund the negotiation process. Financial assistance for the negotiation process covering the Native Title Adviser and legal advice costs has mostly been provided by the Commonwealth Attorney-General's Department. Access to funds from the Commonwealth Attorney-General’s Department ceased as from 31 December 2012 causing a funding gap for provision of legal advice and Native Title Adviser support; these costs have been covered by the participating councils. In addition, all members of the Local Government Leadership Group have committed significant hours of their own time to achieve a positive outcome for councils. The Indigenous Land Use Agreement – Key Elements for Councils Agreement has been reached with the Kaurna to sign an Indigenous Land Use Agreement. In so doing it is important to note the following: (1) That agreement has been reached with two groups representing the

Kaurna, namely the Kaurna Yerta Aboriginal Corporation (representing the Kaurna Native Title Claimants) and the Kaurna Nation Cultural Heritage Association Incorporated (representing Kaurna Aboriginal heritage interests) and both groups had separate legal representation.

(2) That in formulating an Agreement between Local Government and the

Kaurna, it needs to be stressed that the State Government still remains the first respondent to the Native Title Claim and is responsible for compensation issues (although the State Government is at liberty to seek to “pass on” this liability to third parties, including a council, eg where the State is doing something which affects Native Title at the instance of the third party).

The key elements of the Indigenous Land Use Agreement for councils are as follows: Protocol to simplify Native Title Act processes; Aboriginal Heritage Protocol; Planning Protocol; and Liaison Committee. The clauses relating to each of these elements are outlined below. Notifiable Acts Protocol (Future Acts) Indigenous Land Use Agreement Notification Requirements Councils will provide to Kaurna their Capital Works Program within 14 days of it being released for public consultation and, as the year progresses; provide information on any substantial amendments to the Works Program as decided by Council.

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The Kaurna have 30 days to advise of the effect, if any, that the any proposed program will have on their Native Title rights (through Kaurna Yerta Aboriginal Corporation) or their Aboriginal heritage interests (through the Kaurna Nation Cultural Heritage Association). The protocol replaces the far more complex process of councils having to determine in relation to ground disturbing activities:

Whether they will be carried out on land where Native Title exists or may exist, including whether Native Title has been extinguished in the past.

If so, what are the appropriate procedures required to be followed under the Native Title Act to ensure that the Act is complied with. There are different procedures under the Native Title Act for different activities (eg a right for Native Title parties to comment on or object to the relevant activity). Typically the legislation does not set out any time lines for compliance with those procedures.

Benefits of Notification Requirements Under the Indigenous Land Use Agreement: All activities of councils which affect Native Title are consented to by the

Kaurna (regardless of whether they are capital works of which notice is required to be given or other activities);

The Indigenous Land Use Agreement avoids the complexities for councils in having to determine whether any activity affects Native Title by requiring notice to be given of the Capital Works Program (regardless of whether the land on which capital works are to be carried out is, in fact, Native Title Land);

A single, simple process applies to those activities of councils – their Capital Works Programs, which require notification; and

The process is predetermined and uniform for all participating councils. Planning Protocol The planning protocol operates to assist Kaurna to monitor private development authorisations with a view to protecting their Aboriginal heritage interests. The protocol requires a council to: (1) Notify Kaurna of private development authorisations given by the

Council as planning authority in relation to:

(i) Category 3 developments, including subdivisions of land of four or more allotments; and

(ii) Subdivisions of four or more allotments (where such subdivisions are not Category 3 developments); and

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(2) Give a notice to all private developers given development authorisation by the Council as planning authority of the developer’s obligations under the Aboriginal Heritage Act.

Benefits of Planning Protocol The benefits for a council in respect of the planning protocol are as follows: It provides for the Kaurna to engage with developers at an early stage of

development thus ensuring that developments are carried out with due regard to the protection of Aboriginal heritage and avoiding project delays, disruption and potential community concern that can occur if Aboriginal heritage is not considered; and

The planning protocol enables a council to say that it has taken

reasonable steps to ensure that private developers are apprised of their obligations under the Aboriginal Heritage Act and are thus seen to promote compliance with the legislation.

Establishment of a Liaison Committee Functions The functions of the Liaison Committee cover a range of matters (set out more fully in Clause 6.2 of the Indigenous Land Use Agreement), but include: Acting as a forum to resolve issues causing concern between both

parties including heritage monitoring and conduct of surveys; Providing funding for projects of mutual benefit to Kaurna and Local

Government: Building capacity of Kaurna community and developing ongoing

relationships between Kaurna and Local Government; Mechanisms to achieve recognition within the general community in the

Indigenous Land Use Agreement area of the Kaurna as the Aboriginal group that asserts traditional ownership of the Indigenous Land Use Agreement area;

Promoting reconciliation between the councils and the Kaurna and the community within the Indigenous Land Use Agreement area generally;

Economic development opportunities within the Indigenous Land Use Agreement area for the parties;

Aboriginal training, employment, contracting and business opportunities and strategies within the Indigenous Land Use Agreement area;

Service delivery by the councils and other persons to the Kaurna and other Aboriginal people living within the Indigenous Land Use Agreement area;

Further funding of activities arising out of the Indigenous Land Use Agreement and making application for such funding upon behalf of the parties or any of them; and

Applying council funding towards the achievement of the Committee’s functions.

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Other matters that may be included within the scope of consideration by the Liaison Committee will be confined to those within the jurisdiction of councils, but would be focussed on projects / activities of mutual benefit to both parties and on this basis may extend to the following items: repatriation and reburial of ancestral remains; database of sensitive sites / areas and cultural mapping; development and use of the Kaurna language; Kaurna cultural and history awareness programmes; joint management of Kaurna sites; seeking funding for Kaurna sport programmes; and seeking funding for scholarships and traineeships. Membership and Decisions of the Liaison Committee Membership of the Liaison Committee is to be comprised of equal numbers of Local Government (six members) and Kaurna membership (three members of each of Kaurna Yeta Aboriginal Corporation and the Kaurna Nation Cultural Heritage Association. In terms of Local Government representation this would be determined by the Local Government Association in conjunction with the participating councils. Each of Kaurna Yeta Aboriginal Corporation and the Kaurna Nation Cultural Heritage Association would need to decide who would represent their interests. Decisions of the Liaison Committee will be made by consensus on a unanimous basis. Reporting by the Liaison Committee Before the start of each financial year the Liaison Committee must provide each of the councils, the Kaurna and the Kaurna Nation Cultural Heritage Association with a copy of its written key performance indicators and objectives for the ensuing financial year. On or before 31 July in each year the Liaison Committee must prepare and approve an annual written report in relation to the Liaison Committee’s functions, activities and projects during the immediately preceding financial year and may determine that the report or a summary or extracts of it be circulated to the councils, the Kaurna and the Kaurna Nation Cultural Heritage Association. Establishment of a Liaison Committee Secretariat A Liaison Committee Secretariat (constituted by an Indigenous Land Use Agreement Administrator) will be established to support the Indigenous Land Use Agreement and the Liaison Committee.

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The Indigenous Land Use Agreement Administrator will be located in the Local Government Association, act as Executive Officer to the Liaison Committee and assist with the development of funding and implementation of individual projects of mutual benefit to Kaurna and participating councils as determined by the Liaison Committee. As part of capacity building for Kaurna, priority will be given for the Executive Officer to the Liaison Committee being an Aboriginal person (preferably Kaurna). The Indigenous Land Use Agreement Administrator will be appointed by the Liaison Committee which will determine his / her conditions of employment (after consultation with the Local Government Association). The Liaison Committee may terminate the Indigenous Land Use Agreement Administrator’s appointment of its own volition or at the request of the Local Government Association (in either case after consultation with the Local Government Association). Funding to Support the Indigenous Land Use Agreement This funding will provide for the management of the Indigenous Land Use Agreement and operation of the Liaison Committee. It will also provide for the employment of the Indigenous Land Use Agreement Administrator and the funding of projects benefitting councils and the Kaurna as determined by the Liaison Committee. The attached table (p 203) shows the annual funding to be provided by participating councils based on council revenue for the establishment of a $200,000 fund CPI indexed for a five year period with a review to occur before expiration of three year period. The Liaison Committee Secretariat will be established within the Local Government Association to administer the funding in accordance with the Liaison Committee’s determinations. The funds will be managed by the Local Government Association as a “broker” and no funds will be provided directly to Kaurna. It should be noted that: (1) It is not intended that this funding replace existing funding for

individual council reconciliation efforts as this arrangement deals with Native Title and cross council issues.

(2) While this level of funding may appear to some to be significant it is

regarded as a positive investment overall as the costs to individual councils could be far greater over time as a result of one on one dealings with Kaurna and not having a clear and coordinated approach to Aboriginal heritage surveys and monitoring of sites. There are a number of councils who could attest to the cost to them as a consequence of these matters eg Yankalilla, Adelaide City Council and Onkaparinga to name a few.

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Benefits of the Liaison Committee The Liaison Committee provides a number of benefits for both councils and the Kaurna. These include: A standing forum for matters of mutual interest to be ventilated and dealt

with; Promoting reconciliation on a cross council co-ordinated basis between

Local Government and the Kaurna; Council funding and the potential to access other funding sources to

enable mutually beneficial projects to be undertaken. Risks of not having an Indigenous Land Use Agreement If councils decide not to agree to the Indigenous Land Use Agreement the consequences could be: (1) There would be a fragmentation of dealings between the Kaurna and

councils in relation to the future act process of the Native Title Act and Aboriginal heritage agreements, with mixed levels of compliance and greater disparity in the quality of the agreements / arrangements and relationships;

(2) Potential increased costs to individual councils created by having to

deal one on one with Kaurna on Native Title, heritage and planning issues;

(3) The opportunity to conclude a successful Indigenous Land Use

Agreement over a major area of the State would be lost and all funds expended to date on the project would be wasted. This would represent a severe reduction in the Local Government Association's ability to completely meet the legitimate needs of its membership.

(4) Continuation of the "ad hoc" approach to Native Title and Aboriginal

heritage negotiations;

(5) Individual councils to continue to be involved as respondent parties to Native Title litigation;

(6) A missed opportunity to effectively and positively engage with and

understand Indigenous groups. Community Implications The Indigenous Land Use Agreement recognises the rights of Native Title within the Council area. Economic Implications The Indigenous Land Use Agreement provides for a process which identifies any Native Title Claim early in the capital works and planning process leading to efficiencies when Council is required to deal with such claims.

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Environmental / Heritage Implications Aboriginal Heritage Protocol Introduction Under the Aboriginal Heritage Act (SA) it is an offence to damage, disturb or interfere with any Aboriginal site, objects or remains without the authority of the relevant Minister. Whilst not currently recognised under the legislation, the practice has evolved of development proponents entering into agreements with Aboriginal groups to manage their risk of committing an offence under the Aboriginal Heritage Act. The Heritage Survey Protocol in the Indigenous Land Use Agreement is such an agreement. Heritage Survey Procedure The protocol provides that if the Kaurna Nation Cultural Heritage Association responds to a council’s notice by stating that the Kaurna’s Aboriginal heritage interests will be affected by the relevant capital works and requests that a heritage survey be undertaken the Council may elect, but may not unreasonably refuse, to conduct a heritage survey of the relevant area. If the council elects to carry out a heritage survey the following provisions apply: (1) Subject to a survey budget being agreed or determined:

(i) The Kaurna Nation Cultural Heritage Association and Kaurna Yeta Aboriginal Corporation must both ensure that that heritage survey is undertaken within 30 days of the Council’s notice electing to undertake a survey; and

(ii) The Kaurna Nation Cultural Heritage Association must give that council notice not less than seven days before the start of that heritage survey of the dates on which it will start and finish.

(2) The survey team (survey team) must comprise:

(i) Not more than four representatives of the Kaurna Nation Cultural Heritage Association and / or Kaurna Yeta Aboriginal Corporation (as agreed between them); and

(ii) If required for purposes of the survey team performing its functions, a specialist, approved by that council.

(3) The Kaurna Nation Cultural Heritage Association and Kaurna Yeta

Aboriginal Corporation must both ensure that the persons in the survey team have the traditional knowledge and authority to advise whether there is any Aboriginal site, object or remains within the area of the relevant capital works;

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(4) The functions of the survey team are to assess the relevant area for

the purpose of:

(i) Advising their view of whether those capital works will damage, disturb or interfere with any Aboriginal site, object or remains within that area; and

(ii) Nominating the conditions, if any, which in their view are necessary, and which should accordingly apply in order to protect each Aboriginal site, object or remains within the relevant area from damage, disturbance or interference by those capital works.

(5) The survey team will discharge its functions by:

(i) Conducting an inspection and assessment of the relevant area, if applicable in conjunction with the specialist, providing a survey report detailing whether and to what extent survey approval is given to the relevant capital works and what if any conditions apply to the survey approval; and

(ii) Providing the survey report to that council, with which the council must comply.

(6) A heritage survey must be undertaken in accordance with a survey

budget which must be agreed between the Kaurna Nation Cultural Heritage Association and the Council and must reflect:

(i) Daily rates (which must be pro-rated for any part day) for each

survey team member (other than the specialist) for undertaking the heritage survey, of $460 per day (exclusive of GST) and adjusted annually;

(ii) Daily rates (which must be pro-rated for any part day) for the specialist for undertaking the heritage survey, as agreed between the specialist and the relevant council;

(iii) The reasonable costs of travel for attending at any heritage survey of any survey team member; and

(iv) That any reasonable administrative costs and expenses constitute no more than 10% of the aggregate of all other costs and expenses comprised in the survey budget.

(7) The Kaurna Nation Cultural Heritage Association may invoice a

council the costs and expenses of carrying out a heritage survey (up to a maximum of the amount stated in the survey budget) as follows:

(i) 30% not less than 21 days prior to the mobilisation of the

survey team to undertake the heritage survey; (ii) 40% upon completion of the heritage survey; and (iii) 30% or the balance thereof within 14 days of receipt of the

report and a tax invoice of all costs and expenditure incurred in carrying out the heritage survey.

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If the Kaurna Nation Cultural Heritage Association do not carry out a heritage survey or provide a survey report within seven days of being required to do so and do not remedy that failure within 14 days of the Council requiring them to do so, the Council may proceed to carry out the relevant capital works. Benefits of Aboriginal Heritage Protocol The Indigenous Land Use Agreement heritage protocol provides councils with: A known predetermined protocol for undertaking heritage surveys and

managing their risk of committing an offence under the Aboriginal Heritage Act, thus avoiding the tendency for ad hoc arrangements being made in this regard under pressure at the time the relevant capital works are about to be undertaken / in the course of being undertaken with consequent delays and costs;

Defined survey team sizes and advantageous day rates and payment terms;

A consistent and uniform approach to Aboriginal heritage surveys across all participating councils; and

Consistency with State Government Aboriginal heritage protocols. Cost Shifting Implications The State Government still remains the first respondent to the Native Title Claim and is responsible for compensation issues (although the State Government is at liberty to seek to “pass on” this liability to third parties, including a council, eg where the State is doing something which affects Native Title at the instance of the third party). Impact on Budget including Lifecycle Costing Council contribution to the secretariat of $6,736.89 (CPI indexed) over the next five years can be accommodated within existing budgets should Council endorse becoming a signatory to the Indigenous Land Use Agreement. Staffing Implications To satisfy the Notifiable Acts Protocol, staff will be required to provide and receive notification of Capital Works Programs and Category 3 Development Applications to the Kaurna Yerta Aboriginal Corporation and Kaurna Nation Cultural Heritage Association. This function can be accommodated within the existing staffing of Council. Conclusion The Indigenous Land Use Agreement presents a unique opportunity for councils to reach agreement with Kaurna. The Indigenous Land Use Agreement will also constitute a unique achievement on a national basis in bringing together 28 participating councils and the relevant Native Title Claim Group.

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The Indigenous Land Use Agreement will provide lasting positive benefits to councils and the Kaurna. The investment of the proposed funds will provide certainty and a high level of coordination and will far outweigh the future costs and potentially negative consequences associated with dealing with Kaurna one on one. RECOMMENDATION – ITEM 15.10 Option 1 (Staff Recommendation) (1) That Council enters into an Indigenous Land Use Agreement with

Kaurna People’s Native Title Claimants, by Garth Agius, Vince Buckskin, Lynette Crocker, Phillip Davies, Cecil Graham, Carroll Karpany, Shirley Lampard (Deceased), Joseph Mitchell, Rodney O’Brien (Deceased), Glenice Sumner, Frank Wanganeen, Maureen Wanganeen (Deceased), Georgina Williams, Kaurna Yerta Aboriginal Corporation, Kaurna Nation Cultural Heritage Association Incorporated and 27 other local councils’ Indigenous Land Use Agreement.

(2) That the execution, delivery and performance of the Council’s

obligations under the Indigenous Land Use Agreement be, and are hereby, approved.

(3) That Council enters into, execute and deliver the Indigenous Land Use

Agreement in the form of the drafts submitted at the meeting, together with any other document required in connection with the Indigenous Land Use Agreement and with such amendments as the Principal Member and Chief Executive Officer agree to on behalf of the Council.

(4) That the Indigenous Land Use Agreement and any other associated

documents be executed by the Mayor and Chief Executive Officer of the Council.

(5) That the Council approves the City of Mitcham’s allocation of

$6,736.89 from the 2013 / 2014 Budget and commits, in principle, a further $6,736.89 (indexed for CPI) annually for the following four years..

Option 2 That Council does not participate as a member of the Indigenous Land Use Agreement.

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15.11 LOCAL GOVERNMENT FINANCE AUTHORITY ANNUAL GENERAL

MEETING – APPOINTMENT OF COUNCIL REPRESENTATIVE AND NOTICE OF MOTION (Ref: FF/2011/3612) Maggie Dowling / Helen Green (Meeting Date: 23 July 2013) PROPOSAL (1) To appoint a representative to represent Council at the Annual

General Meeting of the Local Government Finance Authority of South Australia;

(2) To considers whether Council wishes to submit a Notice of Motion to

the Annual General Meeting of the Local Government Finance Authority of South Australia.

BACKGROUND The Annual General Meeting of the Local Government Finance Authority of South Australia will be held on Friday 25 October 2013 at the Adelaide Entertainment Centre, Port Road, Hindmarsh. This meeting will again coincide with the meeting of the Local Government Association of South Australia, with the commencement time to be advised. Attachments: Notice of Motion Form (refer attachment p 204).

STRATEGIC OBJECTIVES / POLICY POSITION

A Council with strong leadership that values its people, customers and partners

Objective 24 Council Reputation

An organisation recognised as a leader in government

DISCUSSION Appointment of Council Representative Section 15(1) of the Local Government Finance Authority of South Australia Act 1983 provides that:-

“Every Council is entitled to appoint a person to represent it at a general meeting of the Authority.”

As the meetings of the Local Government Association of South Australia will also be held on the above day, it is suggested that the same person be appointed to represent Council on the Association and the Authority. (In past years this has been Mayor Picton).

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COUNCIL PAGE 89 AGENDA 23 JULY 2013

Councils are requested to notify the Local Government Finance Authority of their representative no later than Friday, 23 August 2013 on the form provided. Nomination for Members of the Board

A representative member of the Board currently holds office for a term of two years and, as an election took place last year, nominations for members of the Board are not being sought this year.

Notice of Motion

The Rules of the Authority in relation to Annual General Meeting procedures require that a Notice of Motion specifying the resolution which is to be proposed has been given in writing to the Chief Executive Officer not less than forty two days prior to the meeting and to comply with this Rule, it is necessary for Notices of Motion to be submitted to the Local Government Finance Authority of South Australia office on or prior to Friday 23 August 2013. Member Councils are requested to lodge the Notice of Motion in the following manner:

(a) Notice of Motion (b) Reason (c) Suggested Action

A copy of the appropriate form is attached (p 204). CONCLUSION Council is requested to consider the appointment of a Council Representative for the Local Government Finance Authority Annual General Meeting to be held Friday, 25 October 2013 and to submit notices of motion by Friday, 23 August 2013.

RECOMMENDATION - ITEM 15.11 Option 1 (Staff Recommendation) (1) That Council’s delegate at the Local Government Association Annual

General Meeting (Mayor Picton) also be appointed as Council’s representative at the Local Government Finance Authority Annual General Meeting to be held on the same date, ie Friday 25 October 2013.

(2) That any notices of motion to be submitted to the Local Government

Finance Authority Annual General Meeting be forwarded to the Chief Executive Officer by Monday, 5 August 2013 for consideration at the Council Meeting to be held on 13 August 2013.

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Option 2 (1) That [name] be appointed as Council’s representative at the Local

Government Finance Authority Annual General Meeting to be held on Friday 25 October 2013.

(2) That any notices of motion to be submitted to the Local Government

Finance Authority Annual General Meeting be forwarded to the Chief Executive Officer by Monday, 5 August 2013 for consideration at the Council Meeting to be held on 13 August 2013.

INFORMATION ONLY REPORTS

15.12 CORRESPONDENCE FOR INFORMATION ONLY Matt Pears (Meeting Date: 23 July 2013) PROPOSAL To provide Council with general information received by Administration which may be of interest to Elected Members. BACKGROUND Elected Members may not be aware of some items that are of general information to Council and that may not have come to Council by way of a Report or through the former Elected Members’ Bulletin. STRATEGIC OBJECTIVES / POLICY POSITION

Objective 9 Engaged Community People exchanging information, knowledge, ideas and experiences, and participating in their communities and public decision making

Attachments: Correspondence received, as listed below (refer attachment- pp 205-

215) DISCUSSION The following has been received for the information of Elected Members: Letter from Dr James Moxham thanking those involved with the recent

improvements to Olave Hill Road (refer attachment - p 205) Letter from the Premier, Hon Jay Weatherill MP in response to Council’s

request for support for a change in legislation to reduce the emission of mercury from crematoria (refer attachment - p 206)

Letter from Mayor, City of Unley in relation to the emission of mercury from crematoria (refer attachment - pp 207-210)

Letter from Hon Gail Gago, MLC, Minister for State/Local Government Relations in response to Council’s letter regarding the disclosure of candidates’ interests in Local Government elections (refer attachment - p 211)

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Letter from the President, Murray Darling Association to report to member

Councils on a meeting held at Dubbo to discuss what happens now that the Basin Plan is law and implementation is underway (refer attachment - pp 212-215)

RECOMMENDATION - ITEM 15.12 That the report be received for information only.

15.13 MEETINGS ATTENDED BY THE CHIEF EXECUTIVE OFFICER Joylene Neddermeyer (Meeting Date: 30 July 2013) (Ref: FF/2013/1051) Listed below are the activities by the Chief Executive Officer during the period Monday, 10 June 2013 to Sunday, 7 July 2013 June 2013 11 Meeting with Mayor 11 General Purpose Committee Meeting 12 Meeting with Business Director of St John’s Grammar School to

discuss options regarding a swimming pool for community use in the Mitcham area

12 Attended Chief Executive Officer Edge Program. 12 Meeting with Cr Greer 13 Attended the Industrial Relations Advisory Committee meeting on

behalf of Wendy Campana 13 Senior Management Team meeting 13 Attended the Southern Suburbs Coordination Group meeting 13 Attended the Audit Committee meeting 14 Attended the Brownhill and Keswick Creek Steering Committee

meeting 14 Meeting with resident to discuss a range of issues including Council

finances 17-19 Together with the Mayor attended the National Local Government

General Assembly for 17 June to 19 June 2013 inclusive 20 Senior Management Team Meeting 24 Attended Equal Opportunity in the Workplace presentation in the

Council Chambers 24 Meeting with the Mayor 24 Attended the Chief Executive Officer Performance Review Committee

meeting 24 Attended the Babbage Ward Forum 25 Attended the South Australian Municipal Salaries Officers Awards

(ASU) Bargaining Committee meeting 25 Briefing meeting with the Mayor and Minute Secretary prior to the Full

Council Meeting 25 Full Council Meeting 26 Attended Recognition of Employee Length of Service afternoon tea at

the Depot 27 Attended the Domestic Waste Services summary and presentation

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28 Attended the Brownhill and Keswick Creek Steering Committee

meeting July 2013 1 Attended Recognition of Employee Length of Service breakfast at the

Mitcham Library 1 Meeting the Mayor 2 Attended the South Australian Municipal Salaries Officers Awards

(ASU) Bargaining Committee meeting 2 Meeting with the Mayor and Minute Secretary prior to the Special

Council Meeting 2 Briefing for Elected Members 2 Special Council Meeting 3 Attended the Integrated Transport and Land Use Strategy for South

Australia workshop 4 What’s Happening in Mitcham presentation at the Council Chambers 4 Attended the opening of the M-Factor hidden talents exposed

exhibition in the Foyer and morning tea for participants 4 Senior Management Team meeting 5 Meeting with staff member re disciplinary issue 5 Attended the Social Club Ten Pin Bowling evening RECOMMENDATION - ITEM 15.13 That the report be received for information only.

16. MOTIONS WITHOUT NOTICE

17. REPORTS OUTSTANDING AND RESOLUTIONS NOT YET EFFECTED

(Function/Activity: Governance/Committees) PROPOSAL To inform members of reports and actions which have been requested and their current status. BACKGROUND

At meetings of the Council, reports are often requested concerning certain items which must be submitted to subsequent meetings. Actions are also requested and their current status is recorded in the attached table. DISCUSSION Attached (pp 216-227) is a table detailing the reports outstanding and resolutions not yet effected and a brief summary of their status. RECOMMENDATION - ITEM 17.

That the report be received for information only.

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18. ANY OTHER BUSINESS 19. CONFIDENTIAL

CLOSE:

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ATTACHMENTS

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ATTACHMENT 1

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ATTACHMENT 2

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ATTACHMENT 3

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ATTACHMENT 4

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ATTACHMENT 5

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ATTACHMENT 6

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ATTACHMENT 7

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ATTACHMENT 8

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ATTACHMENT 9

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Minutes of the Eastern Waste Management Authority Inc. held on 11th July, 2013 Page 1

E AS T W AS TE Member Councils: Adelaide Hills Council City of Burnside Campbelltown City Council

City of Mitcham City of Norwood, Payneham & St. Peters Corporation of the Town of Walkerville

MINUTES OF THE ORDINARY BOARD MEETING OF THE EASTERN WASTE MANAGEMENT AUTHORITY, held on Thursday, 11th July 2013, at the City of Norwood, Payneham & St Peters commencing at 5.40pm.

1. PRESENT

Directors: Mr Brian Cunningham Independent Chairperson Mr Matthew Pears City of Mitcham Mr Mario Barone City of Norwood, Payneham & St Peters Cr Gianni Busato Corporation of the Town of Walkerville Cr Grant Piggott City of Burnside Cr Linda Green Adelaide Hills Council In Attendance: Mr Trevor Hockley Acting General Manager Mrs Ann Blinman Office Manager Mr Ray Pawa Operations Manager Mr Kevin Lowe Campbelltown City Council 2. APOLOGIES Mr Paul Di Iulio Campbelltown City Council

3. CONFIRMATION OF THE MINUTES

Moved Mr Pears, that the minutes of the Eastern Waste Management Authority Ordinary Board Meeting held on Thursday, 2nd May 2013, be received, confirmed and adopted. Seconded Cr Busato

Carried

4. MATTERS ARISING FROM THE MINUTES Diesel Fuel Rebate East Waste will conduct a trial to determine the percentage of fuel used in powering

the compactor and MGB grab. Directors of the Board are still to provide their consent to act as a Director, only one

has been received to date. 5. QUESTIONS WITHOUT NOTICE Members discussed the correspondence from City of Burnside regarding the East Waste Annual Plan. Directors confirmed that 4 Member Councils had approved the East Waste Annual Plan and that Adelaide Hills Council had noted the Plan. Moved Mr Pears, that the Acting General Manager reply to the City of Burnside to provide the justification, both financial and by service level, of the proposed 10% increase in the fees when compared to the estimated expenditure in the financial year ending June 2013. Seconded Cr Busato

Carried

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6. ACTING GENERAL MANAGER’S REPORT 6.1 PROGRESS REPORT TO 4 July 2013

Audit Committee – Attachment 1 The Terms of Reference of the East Waste Audit Committee need to be reviewed as discussed at the Audit Committee meeting held on 17th June, 2013. Moved Mr Pears, that Mr Brian Cunningham, Mr Matthew Pears, Mr Mario Barone and the Acting General Manager form a committee to review the Terms of Reference of the East Waste Audit Committee. Seconded Cr Busato

Carried Occupational Health, Safety & Welfare – Attachment 2 East Waste is nearing a record period of no lost time accidents which currently stands at 225 days. Collection Service Performance Management & GPS System All drivers have met the 90% benchmark to leave streets in an acceptable state, ie. Bins replaced on the kerb with the lids closed and no bins missed. This has also been reflected in the received calls by East Waste that have been reduced by 25% allowing management to plan for a 0.4 full-time-equivalent reduction in administration staff. The Acting General Manager is on leave from 15th July 2013 to 16th August 2013 and Mr Ray Pawa has been appointed to act in the General Manager’s position over the annual leave period. Recruitment of General Manager – Attachment 3 Members discussed the report at Attachment 3 together with the Position Description and agreed that there is a need to agree the key attributes of a new General Manager. The Board also considered that a remuneration package up to $150,000 per annum would be appropriate. Moved Mr Pears that the Board of East Waste authorise the Acting General Manager to review the Position Description as per the Board’s recommendations and to call for 3 proposals from recruitment professionals for the recruitment of a permanent General Manager in accordance with the process set out in the report. Seconded Cr Busato

Carried Moved Mr Barone, that a selection panel comprising Cr Grant Piggott, Mr Brian Cunningham, Mr Mario Barone and Mr Trevor Hockley, in an advisory role, be formed to interview shortlisted candidates and make a recommendation to the Board on the appointment of a General Manager. Seconded Cr Piggott

Carried The time being 6.55pm Mr Kevin Lowe left the meeting.

ATTACHMENT 11

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Minutes of the Eastern Waste Management Authority Inc. held on 11th July, 2013 Page 3

Purchase of New Litter Truck – Attachment 4 Moved Cr Piggott, that the Board of East Waste authorise the purchase of one 6m3 litter truck from Melbourne Hino/MacDonald Johnston for a total cost of $179,373 (GST inclusive) and that the Board of East Waste authorise the Independent Chair and Acting General Manager to execute the finance contract with the LGFA for $163,066 for a term of 7 years at the prevailing interest rate. Seconded Cr Green

Carried Financial Management – Attachment 5 An amended Bank Reconciliation was tabled for Directors. The Balance Sheet and Bank reconciliation for June 2013 indicated a strong cash position for East Waste. Budget Approval – Attachment 6 Members had to hand the Draft Budget that was considered by the East Waste Audit Committee and was prepared in accordance with the Annual Plan. The Acting General Manager to amend the total equity figures on Page 37. Moved Mr Pears, that the Board, subject to the minor adjustments, adopts the East Waste Budget for the year ending 30th June 2014. Seconded Mr Barone

Carried Common Fleet Costing Methodology – Attachment 6 Moved Cr Piggott, that the Board of East Waste adopts the Common Fleet Costing Methodology, as set out in the Report and recommended by the East Waste Audit Committee. Seconded Mr Pears

Carried Visy Recycling Refund – Attachment 7 Moved Cr Busato that the Board of East Waste approves the refund to Member Councils for the sorting fees over-charged and refunded by Visy Recycling as recommended by the East Waste Audit Committee. Seconded Mr Barone

Carried 10 Year Business and Financial Plan – Attachment 8 Moved Mr Barone, that the Business Plan, as required by Clause 42 and 43 of the East Waste Charter, be prepared in accordance with this report. Seconded Cr Green

Carried Moved Cr Piggott, that the Acting General Manager’s Progress Report be received and noted. Seconded Mr Barone

Carried

7. CONFIDENTIAL ITEMS Moved Mr Pears, that pursuant to Section 90 (2) and (3) of the Local Government Act 1999, an order be made by the East Waste Board that the public be excluded from attendance at the meeting to the extent (and only to the extent) that the Board considers it to be necessary to receive, discuss and consider in confidence:

ATTACHMENT 12

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Minutes of the Eastern Waste Management Authority Inc. held on 11th July, 2013 Page 4

(h) matters that must be considered in confidence in order to ensure that the Authority does not breach any law, order or direction of a court or tribunal constituted by law, any duty of confidence, or other legal obligation or duty.

Seconded Cr Piggott Carried

The time being 7.30pm Mr Pears left the meeting

Moved Mr Barone, that pursuant to Section 91 (7) and (9) of the Local Government Act 1999, that the Board orders that the reports and discussions on the Visy Contract and the Unley Contract be kept confidential and reviewed after 12 months. Seconded Cr Green

Carried

Moved Mr Barone that the confidential report on the Visy Contract be received and noted. Seconded Cr Piggott

Carried Moved Cr Green, that the City of Unley be provided with information pursuant to the Charter and advised that the fee structure for the 2014/2015 year would be approximately the same as their contract lump sum, at that time, but is governed by the Charter and the Common Fleet Costing Methodology. Seconded Cr Piggott

Carried 8. OTHER BUSINESS

The Directors will consider the presentation and distribution of East Waste minutes at the next meeting.

8. NEXT MEETING

Directors agreed that future Board meetings are to be held bi-monthly, on a Thursday so that the Independent Chair can attend. The Independent Chair together with the Acting General Manager to prepare a list of meeting dates for circulation.

9. CLOSURE OF MEETING

There being no further business the meeting closed at 8.00 pm.

Confirmed DATE________________ CHAIRMAN_________________________

ATTACHMENT 13

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PO Box 573 Goolwa SA 5214 Tel: 0430 348377

E-mail: [email protected]

ELECTOR REPRESENTATION REVIEW (Section 12 of the Local Government Act 1999)

A Report to the

City of Mitcham

Prepared by

C L Rowe & Associates Pty Ltd

June 2013

ATTACHMENT 14

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Disclaimer   The information, opinions and estimates presented herein or otherwise in relation hereto are made by C L Rowe and Associates Pty Ltd  in  their best  judgement,  in good  faith and as  far as possible based on data or sources which are believed to be reliable. With the exception of the party to whom this document is specifically addressed, C L Rowe and Associates Pty Ltd, its directors, employees and agents expressly disclaim any liability and responsibility to any person whether a reader of this document or not in respect of anything and of the consequences of anything done or omitted to be done by any such person  in reliance whether wholly or partially upon the whole or any part of the contents of this document. All information contained within this document is confidential.   Copyright  No part of this document may be reproduced or copied in any form or by any means without the prior written consent of the party to whom this document is specifically addressed or C L Rowe and Associates Pty Ltd. 

ATTACHMENT 15

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City of Mitcham – Second Submissions Report

Page 2 CLR CL Rowe & Associates Pty Ltd

Contents  

1.  Introduction  3      2.  Public Consultation  4 

     

3.  Review Process  6 

     

4.  Comments  7 

     

5.  Recommendation  9 

     

     

 Appendix A – Public submissions   

 

   

 

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1.    Introduction 

The  City  of Mitcham  is  currently  undertaking  a  review  of  all  aspects  of  its  composition  and  the division of the City into wards in accordance with the requirements and provisions of Section 12 of the  Local  Government  Act  1999.    The  objective  of  the  review  is  to  ensure  fair  and  equitable representation of all electors prior to the 2014 Local Government elections.   At its meeting on the 26th March 2013 Council resolved that:  • the name of the Council not be changed at this time; 

 • the principal member of Council continue to be a Mayor, elected by the whole of the community; 

 • the Council area continue to be divided into six wards without any change to boundaries; and 

 • the number of ward councillors remain at thirteen (13). 

 Council has subsequently completed the second of the prescribed public consultation stages during which it presented, in accordance with the provisions of Section 12(9) of the Local Government Act 1999,  its proposed  future elector  representation arrangement  for  consideration and  comment by the local community.  Council  must  now  give  consideration  to  the  submissions  that  have  been  received  from  the community and formally determine what changes,  if any,  it proposes to bring  into effect  in respect to its future size, composition and structure.   

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2.   Public Consultation  Public consultation commenced on Wednesday 24th April 2013 with the publishing of a public notice in the “Mitcham and Hills Messenger” and the “Eastern Courier” newspapers.  Further public notices were also published in “The Advertiser” newspaper and the Government Gazette on Friday 26th April 2013 and on Council’s website.  At the expiration of the public consultation period  (i.e. close of business on Wednesday 22nd May 2013)  Council  had  received  a  total  of  seven  submissions  relating  to  the  Representation  Review Report, a summary of which is as follows.  

  

Name  

 

Comments 

 Mr Bruce Pennington  Panorama  

 • Reduce the number of councillors. 

 

 Deane Crabb Electoral  Reform  Society  of  South Australia  

 • Abolish wards. 

 

 Blackwood Action Group Inc.  

 • Support the retention of the Mayor and Council name. • Support a three ward structure. • Reduce number of councillors to eleven. •  Hills area is a "community of interest" and shouldn't be 

divided.  • Under ward structure Option E the hills community will 

get to vote for four councillors. • Larger wards can sustain greater growth. 

  Blackwood/Belair  and  District Community Association Inc. 

 • Retain the Council name. • Retain the current number of councillors. • Retain the current ward structure. 

  Tina Gordon * Panorama 

 • Retain the Council name. • Supports a three ward structure. • Reduce number of councillors to eleven. 

  Bruce and Joyce Pennington * Panorama 

 • Reduce the number of councillors. • Support six wards, one councillor per ward. • Second Option, three wards and eleven councillors. 

 

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Name  

 

Comments 

 Sue and David Morgan * Coromandel Valley   

 • Retain the Council name. • Support a three ward structure. • Reduce number of councillors to eleven. 

 

* Denotes received after the prescribed closing date.   It  is  noted  that Mr  Bruce  Pennington made  a  submission  and  was  a  co‐signatory  of  a  second submission.  As both of these submissions effectively presented the same arguments it is suggested that they be treated as one submission, thereby reducing the overall number of submissions to six.  Of the now six accepted submissions, two were received by Council after the specified closing date, as  was  the  second  submission  co‐signed  by  Mr  Pennington  but  this  has  been  accepted  as  an addendum  to  the  initial  submission  which  was  received  within  the  specified  time  frame.    It  is considered  that  the  late  submissions  offer  Council  some  further  insight  into  the  opinions  of  the community and, as such, should be accepted.    In respect to the submissions received it is noted that:  • four  expressed  support  for  the  retention  of  the  current  Council  name,  whilst  the  remaining 

submissions were silent on the matter;  

• five  supported  the  retention  of  a  ward  structure,  although  three  favoured  the  three  ward structure  (11  councillors),  one  supported  six  wards  (with  single  councillor  representation)  or alternatively a three ward structure (11 councillors) and the remaining submission favoured the retention of the current ward structure (as proposed);  

• one called for the abolition of wards; and     

• of the five which addressed the issue of the number of councillors, three favoured a reduction to  eleven councillors, one favoured a reduction to six councillors (or alternatively eleven councillors) and  one supported the status quo (13 councillors). 

 Copies of the submissions have been provided in Appendix A.              

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3.   Review Process  Council must now give due consideration to the submissions received in response to the latest public consultation  and hear  verbal  submissions,  should anyone  choose  to exercise  the  right  to  address Council (as afforded by Section 12(10) of the Local Government Act 1999).   Once verbal submissions have been heard, Council will be required to either amend its proposal and initiate another public consultation  for a minimum period of three  (3) weeks or “finalise  its report (including in its report recommendations with respect to such related or ancillary matters as it thinks fit)”, pursuant to the provisions of Section 12(11) of the Local Government Act.  The latter course of action simply  requires Council  to make  final decisions  in  respect  to  its desired  future composition and  structure,  and  to  prepare  a  detailed  report  outlining  its  proposal,  the  rationale  behind  its decisions and the review process undertaken.    The report must then be forwarded to the Electoral Commissioner who will determine whether the requirements of the Act have been satisfied and whether certification  is warranted  (refer Sections 12 (12) and 12(13) of the Act).  Upon receipt of the aforementioned certification, Council will be required to publish an appropriate notice  in  the Government Gazette  (on a date  specified by  the Electoral Commissioner) which will effectively  provide  for  the  implementation  of  the  proposed  (certified)  future  composition  and structure of Council at the 2014 Local Government elections.   

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4.  Comments  Council is now at the stage in the review process where it must either confirm (by formal resolution) its  proposed  future  composition  and/or  structure,  as  presented  in  the  Representation  Review Report, or amend its proposal and initiate another public consultation for a minimum period of three (3) weeks.  In  reaching  their  final decision,  the members of Council must be mindful  that  the purpose of  the review  is  to  determine  whether  the  electors/community  will  benefit  from  an  alteration  to  the current composition and/or ward structure of Council.  Council must now make final decisions  in regards to the following,  in order to finalise  its report to the Electoral Commissioner.  • The future name of the Council. 

 • The  principal member  of  Council, whether  it  be  the Mayor,  elected  by  the  community,  or  a 

Chairperson, chosen by the elected members.  

• The division of the council area into wards, or alternatively the abolition of wards.   • If  the council area  is  to be divided  into wards,  the need  for area councillors  (and  the  required 

number thereof) in addition to ward councillors.  

• The  number  of  councillors  (ward,  area  and/or  both)  that  are  required  to  provide  fair  and adequate  representation  of  the  electors within  the  council  area  (and  in  comparison  to  other Councils of a similar size and type).  

• If  the council area  is  to be divided  into wards,  the  level of representation  in, and  the name of, each ward. 

 Information and advice pertaining to the aforementioned matters has previously been presented to Council  in  the  Options  Paper  (dated  August  2012),  the  submissions  report  to  Council  (dated December  2012)  and  the  Representation  Review  Report  (second  public  consultation  document dated April 2013).  Of the submissions received in response to both of the public consultations it is noted that:  • none called for a change to the Council name or the mayor as the principal member; 

 • none  supported  the  introduction  of  area  councillors  (under  circumstances  where  a  ward 

structure is to be retained); and  

• only one favoured the abolition of wards.  As such, it is considered that the issues of the principal member of Council, the introduction of area councillors (in addition to ward councillors) and the division of the council area into wards require no further consideration by Council.  The same cannot be said about the identification of a future ward structure and/or the issue of the appropriate number of councillors.   

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 Council’s  stated  preference  is  to  retain  its  current  ward  structure  and  level  of  representation.  However, five of the six submissions received in response to the latest round of public consultation opposed this proposal.   Further, it is noted that two of the four submissions received in response to the first round of consultation also indicated a preference for alternative structures.  Overall, seven of the ten submissions received during the course of the review sought a change to the current ward structure and five sought a reduction in the number of elected members.  Given the above it is suggested that it would be prudent of Council to give further consideration to the issues of an appropriate future ward structure and the future composition of Council, if only to ensure  that  the opinions of  the  community have been duly  considered and  the most appropriate elector representation arrangement is brought into effect.  In its deliberations Council should take into account the following.  • Three  of  the  recent  submissions  favour  a  3  ward/11  councillor  structure;  one  submission 

supports  a 6 wards/6  councillor  structure or  alternatively  the 3 wards/11  councillor  structure; and another submission favours the abolition of wards.  Only one submission supported Council's proposal to retain the current ward structure and composition.  

• Of the submissions received in response to the initial public consultation,  the Blackwood Action Group supported the 3 ward/11 councillors structure, while the Honourable Bob Such, Member for  Fisher,  proposed  the  6  ward/6  councillors  structure.    The  submissions  made  by  the Blackwood/Belair  and  District  Community  Association  Incorporated  and  the  Bedford  Park Residents Association Incorporated favoured the status quo. 

• According to the most recent elector data (refer Table 1) the elector numbers are reasonably well 

balanced  between  the  existing wards  and  the  elector  ratios  in  each  of  the  existing/proposed wards  still  remain  within  the  specified  quota  tolerance  limits,  although  the  elector numbers/elector ratio in the Boorman Ward are considered to be a little high. 

 Table 1:  Elector details, current/proposed ward structure (June 2013) 

 Ward  Councillors  Electors  Ratio  % Variance 

         Boorman  2  7,594  1:3,824  + 7.2 Gault  2  9,768  1:3,739  + 4.8 Overton  2  9,475  1:3,652  + 2.4 Babbage  2  9,074  1:3,440  ‐ 3.6 Craigburn  3  9,268  1:3,357  ‐ 5.9 The Park  2  9,875  1:3,496    ‐2.0          

Total  13  46,370   Average      1:3,567   

 Sources:  Electoral Commission (as at 13th June 2013) 

     

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 • A  recent meeting with  the Electoral Commissioner  revealed  that Electoral Commission SA will, 

when determining whether the requirements of the Local Government Act have been satisfied in respect to the conduct of a review, focus attention on the provisions of Sections 12(6), 26 and 33 of  the  Act  including  those which  specifically  address  the  issues  of  over‐representation  (when compared to Councils of a similar size and type) and/or the composition of Councils with more than  twelve  elected  members.    The  Electoral  Commissioner  has  indicated  that  over‐representation  will  no  longer  be  accepted  (our  interpretation)  unless  soundly  justified.    The consequences  of  having  the  review  rejected  or  returned  for  further  consideration  could  be significant  and  include  a  fine  or  even  a  structure  imposed  upon  Council  by  the  Electoral Commissioner (refer Section 12(19) and (20) of the Act).  

• Table 2 indicates that the City of Mitcham has an elector ratio which compares favourably to the elector  ratios exhibited by  the metropolitan Councils which have a  similar or  lesser number of electors, but is low when compared to the larger (elector numbers) of the metropolitan Councils. 

Table 2: Comparison of elector details, all metropolitan Councils

Council  Councillors  Electors  Ratio        Walkerville    8     5,243  1:   655 Gawler  10    14,711  1:1,471 Prospect    8   13,820  1:1,727 Norwood**  13    24,137  1:1,856 Holdfast Bay  12    25,863  1:2,155 Unley  12    26,368  1:2,197 Adelaide Hills  12    28,881  1:2,406 Burnside  12    31,366  1:2,613 West Torrens  14    38,117  1:2,722 Playford  15    49,218  1:3,281 Campbelltown  10    33,407  1:3,340 Mitcham  13    46,246  1:3,557 Adelaide*    6    24,569  1:4,094 Pt Adelaide***  17    73,157  1:4,303 Charles Sturt  16    75,249  1:4,703 Marion  12    58,961  1:4,913 Salisbury  16    84,289  1:5,268 Onkaparinga  20   111,188    1:5,559 Tea Tree Gully  12    70,278  1:5,856 

Source:  Electoral Commission SA (Rolls at 18th April 2013) 

* City of Adelaide also has five area councillors (elector ratio of 1:2,234 if included) ** Denotes Norwood, Payneham & St Peters 

*** Denotes Port Adelaide Enfield        

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• When making comparisons between Councils the elected members should be mindful that:  

the  City  of  Playford, which  is  the most  similar  to  the  City  of Mitcham  in  terms  of  elector numbers, currently comprises more elected members and exhibits a lower elector ratio due to a greater number of councillors but covers 344.9km² (as opposed to 75.6km²) and is expected to experience enormous population growth in the foreseeable future (i.e. an estimated 32,700 additional people by 2016/2017); 

the City of Marion and  the City of Tea Tree Gully, which have over 12,700 and 24,00 more electors than the City of Mitcham respectively, are seemingly both capable of managing their affairs and responsibilities  with twelve councillors;    

whilst  the City of Unley, which has nearly 20,000  less electors  than  the City of Mitcham,  is proposing  to  retain  twelve  councillors  following  the  recent  completion  of  an  elector representation  review,  little  guidance  can  be  taken  from  this  review  at  this  time  because Electoral Commission SA is yet to assess the review process and/or outcome; and 

  the  recently  completed  and  certified  review  undertaken  by  the  City  of  Burnside  retained twelve councillors under circumstances whereby the council area contains nearly 15,000  less electors than the City of Mitcham and only covers approximately 27.5km².  

     

    

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5.   Recommendation  It is recommended that:   1.  Council  resolve  that all of  the written  submissions,  including  those  received after  the  specified 

closing date, be noted and received.  2.  Given  the  most  recent  submissions,  Council  give  further  consideration  to  the  issues  of  an 

appropriate future ward structure and the future composition of Council .  3.  In  the event  that Council  re‐affirms  its support  for  the  retention of  the existing ward structure 

and level of representation, Council formally resolve:  

• the name of the Council not be changed at this time;  

• the  principal member  of  Council  continue  to  be  the mayor  elected  by  the  community  at council‐wide elections; 

 • the council area continue to be divided into wards;  

• the existing ward structure, ward names and level of ward representation be retained;   

• the Council continue to comprise thirteen ward councillors and the mayor;   

• not to introduce area councillors in addition to ward councillors; and  • Council  administration  be  authorised  to  prepare  and  forward  the  necessary  report  and 

documents to the Electoral Commissioner, pursuant to the provisions of Sections 12(11) and 12(12) of the Local Government Act 1999. 

 4.  In the event  that Council opts  for an alternative ward structure  to that previously presented  in 

the Representation Review Report, Council administration be authorised  to undertake another three week public consultation period at the earliest opportunity. 

         Craig Rowe MPIA C L ROWE AND ASSOCIATES PTY LTD      

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APPENDIX  A Submissions 

                           

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CITY OF MITCHAM REPRESENTATION REVIEW Submission from the Electoral Reform Society of South Australia, May 2013 The electoral structure for the election of Councillors As the dividing of a council area into wards creates artificial divisions in an otherwise supposedly united area, this Society has consistently argued that councils in South Australia should not be divided into wards. The Electoral Reform Society is disappointed that the City of Mitcham is considering keeping its current structure. The Society recommends that the City of Mitcham not be divided into wards and that all elected members of Council be elected across the whole Council area. This ensures that the greatest choice possible of candidates is available to all voters and maximises the number of voters who find their votes actually electing the representatives of their choice. Discussion Dividing the City of Mitcham into wards has created problems. As it is difficult to form wards which are uniform in character, currently one of the six wards has more members (3) than all the others (2). And the Boorman Ward is 7% over quota and Craigburn Ward 6% under – more than a 10% variance. When Councillors are elected from the total Council, they can be free from small sectional influence, and they can make decisions in the best interest of the whole Council rather than from the view-point of a small ward. With no wards, Councillors are usually drawn from reasonably well dispersed areas, and from representative groups, and usually appear to be a satisfactory representation of the ratepayers. If the City of Mitcham is to be seen and considered as a uniform area, we submit that for unity the Council’s councillors should be elected at large. In the past, one of the perceived disadvantages for at large elections had been the cost to candidates of canvassing the whole Council area. But with postal voting, and the posting of candidates’ material with the ballot papers, at least all electors receive written material. Proportional representation is the method of election for all local government elections in South Australia. Proportional representation not only allows all electors the maximum choice, but ensures that nearly all who vote will find they are represented by the candidates of their choice. To get elected a candidate must win a quota of votes. This means in effect that each elected member represents the same number of electors. Proportional representation works better the greater the number of vacancies to be filled per “electorate”. The higher the number of members to be elected, the greater the chances of an elector being represented by a person of their choice for the City of Mitcham . This can be achieved by electing all members of the Council from across the whole of the Council area.

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Not only is this more likely to mean there will be an election across the whole Council, it could well be with no wards, that with more positions to be filled and with more candidates, this may encourage voter turnout. The current ward structure has not served the Council well. An examination of the voting figures shows that at the 2006 election, with wards that 26% of those who voted found that their votes did not elect anyone. At the 2010 election, this figure was similar (25%). For the Craigburn Ward where there are three councillors to be elected this figure was much lower at 22% at each of the last two elections, reflecting the advantage of three-member wards over two-member wards. The City’s Representation Review has not tried to analyse or even present voting statistics from recent elections even though this process has been about reviewing elector representation. As wards for the City of Mitcham has been found wanting, it is now time for the Council to change by abolishing wards and electing the Council as a whole. Proportional representation with a single Council-wide electorate is the most democratic method that can possibly be used, as:

• all entitled to vote have the same choice of candidates; • all have the opportunity to vote for these candidates; • there can be no manipulation of ward boundaries; and • this is the fairest method in ensuring that nearly all will find their votes

electing someone and vote wastage is kept to a minimum. Deane Crabb Secretary Electoral Reform Society of South Australia http://www.effectivevoting.org.au/

       

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The Chief Executive Officer City of Mitcham PO Box 21, Mitcham Shopping Centre, Torrens Park, SA 5062

Representation Review Report Submission by Blackwood Action Group Inc.

Thank you for the opportunity to participate in the second stage of public consultation. The option preferred by the Blackwood Action Group (option E in the original options paper) is still the one we support. Our submission made during the first stage of public consultation outlined clearly our reasons for our preference. We can see no reason to restate them at this stage. We are now asked to comment on the Council’s proposal to adopt the existing structure of 6 wards and 13 councillors. We can only repeat the points made in our previous submission and in doing so stress the following.

1. Community of Interest Principle. The existing ward structure does not serve this principle as we understand it. Our community of interest is better defined as the whole hills area of the Mitcham Council delineated as ward 3 in option E. Our main focus for action is the District Centre of Blackwood which is divided into two wards.

2. A More Democratic Option.

Leaving the boundaries unchanged the majority of electors will vote to elect 2 out of 13 councillors or 15% of the total. Under option E the majority of electors would vote to elect 4 out of 11 councillors or 36% of the total.

3. The current proposal acknowledges that population changes may make It necessary for the council to undertake another review before the next scheduled review in 2020/21. The larger ward sizes we proposed would make it highly unlikely that such an interim review would be required.

We would welcome the opportunity to address the Council or Committee on these matters.

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Please be assured that the Blackwood Action Group will continue to cooperate with Mitcham Council in our desire to seek improvements for our community Yours sincerely Geoff Bartlett Hon. Secretary Blackwood Action Group Inc. www.bagi.org.au

                                

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BLACKWOOD/BELAIR AND DISTRICT COMMUNITY ASSOCIATION (Inc.)

P.O. Box 15 Belair 5052

Chief Executive Officer Post: PO Box 21, Mitcham Shopping Centre Torrens Park 5062 Email: [email protected]

Mitcham City Council Representation Review

Second Community Consultation

Having read the second report prepared by CL Rowe and Associates for Mitcham City Council which includes the final proposal decided by Mitcham Council on 26th March 2013, Blackwood/Belair and District Community Association (BBDCA) accept the findings as laid out in the report. Indeed many of the arguments and explanations are similar to those we included in our initial submission and Addendum issued from the Blackwood/ Belair and District Community Association committee on 25th March 2013 and given in a deputation to Council on Tuesday 26th March.(see attachment A) Initially we had indicated some slight boundary changes to Option 1 in trying to adjust ward representation more equally. These adjustments were minute and not worth concern, indeed there would be more frustration by residents involved in such adjustments. Within our original submission no comment was made on the City or ward names. We consider that the historic name of Mitcham should be kept as well as the current ward names. The number of councilors in regard to ward ratio – being eighth highest out of nineteen in the ‘Comparison of Elector details across the metropolitan Councils’ –see current Report; the area size of the Mitcham City Council with its more difficult topography and lack of interconnecting roads in comparison to nearby councils indicates it is reasonable to maintain the current number of wards and councillors. BBDCA agrees with the final summation within the report

5.6 Section 26, Local Government Act 1999 Section 26(1) of the Act requires that a number of broader Principles also be taken into account during the review process. These are similar in nature to those presented under Section 33, and include: • the desirability of avoiding significant divisions within the community; • proposed changes should, wherever practicable, benefit ratepayers; • a Council having a sufficient resource base to fulfil its functions fairly, effectively and efficiently; • a Council should reflect communities of interest of an economic, recreational, social, regional or

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other kind, and be consistent with community structures, values, expectations and aspirations; and • residents should receive adequate and fair representation within the local government system, while over�representation in comparison with Councils of a similar size and type should be avoided (at least in the longer term). All of the above principles are covered more equitably within the current structure than would be by reducing the number of wards and councillors . And the summation by Mitcham City Council - The structure being proposed by Council is considered to comply with the cited legislative provisions, in that it will: • incorporate sufficient elected members to undertake the various roles and responsibilities of Council; • have little impact upon the ratepayers and/or existing communities of interest; • provide adequate and fair representation to all electors; and • compare favorably with the composition and elector ratios of other regional Councils that are of a similar size in terms of elector numbers. These comments are supported by BBDCA as well as the fact that residents accept the current boundaries and there have been no requests for changes to these boundaries by individual residents. On behalf of the Blackwood/Belair and District Community Association. Heather Beckmann Secretary, BBDCA Attachment A: Original BBDCA submission and Addendum                

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22 June 2013

Mr Brenton HowellBusiness DirectorSt John’s Grammar SchoolPO Box 234 BELAIR SA 5052

Dear Mr Howell,

Thank you for your time to meet with representatives from the City of Mitcham to discuss the potential for the development of a pool in the region. The Council has committed to meet with local schools which indicate an interest in considering future opportunities for the development of a pool that is accessible for community use.

At the meeting you confirmed that St John’s Grammar is interested in the concept of the development of an indoor pool facility on the college site, however this has not progressed beyond being identified as a need. As discussed ideally such a pool would be an 8 lane, 25 metre pool, with the potential to have a space for hydrotherapy. The pool would be utilised by the school, and during agreed hours, be used by the community for a range of purposes e.g. learn to swim, local school swimming programs, disability groups.

Your advice was that St John’s Grammar would seek capital contributions from Federal, State and Local Government to enable the project to proceed.

To progress the concept and its feasibility, St John’s Grammar agreed to undertake the following investigations:

Identify an initial indication of the school’s interest in developing a pool as •described Determine the possible models of management•

In order to progress this, given the upcoming Federal election, we would need to return to our Council with an update on this project in July.

We would therefore be most appreciative of an indicative response from St John’s by the end of June 2013.

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-2-

As discussed, the City of Mitcham will be contacting other schools in the region to determine their level of interest.

If you have any queries or wish to discuss this matter further, please do not hesitate to contact me on 0408 807 712.

Yours sincerely,

MATTHEW PEARSCHIEF EXECUTIVE OFFICER

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18 June 2013

PrincipalBlackwood High School4 Seymour StreetEDEN HILLS SA 5050

Dear Principal

As you may be aware Bedford Industries has recently closed their pool at Balyana. This has left a number of Mitcham residents without a suitable local pool.

I am writing to ask if you have any current plans or interest in developing a pool at your school which could be available for some community use.

If you have an interest and would like to discuss how Council may assist, please contact me on 0408 807 712 to discuss further or to organise a convenient time to meet.

Yours sincerely

MATTHEW PEARSCHIEF EXECUTIVE OFFICER

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18 June 2013

PrincipalMitcham Girls High SchoolKyre AvenueKINGSWOOD SA 5062

Dear Principal

As you may be aware Bedford Industries has recently closed their pool at Balyana. This has left a number of Mitcham residents without a suitable local pool.

I am writing to ask if you have any current plans or interest in developing a pool at your school which could be available for some community use.

If you have an interest and would like to discuss how Council may assist, please contact me on 0408 807 712 to discuss further or to organise a convenient time to meet.

Yours sincerely

MATTHEW PEARSCHIEF EXECUTIVE OFFICER

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18 June 2013

PrincipalPasadena High SchoolDaws RoadPASADENA SA 5042

Dear Principal

As you may be aware Bedford Industries has recently closed their pool at Balyana. This has left a number of Mitcham residents without a suitable local pool.

I am writing to ask if you have any current plans or interest in developing a pool at your school which could be available for some community use.

If you have an interest and would like to discuss how Council may assist, please contact me on 0408 807 712 to discuss further or to organise a convenient time to meet.

Yours sincerely

MATTHEW PEARSCHIEF EXECUTIVE OFFICER

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18 June 2013

PrincipalUnley High SchoolKitchener StreetNETHERBY SA 5062

Dear Principal

As you may be aware Bedford Industries has recently closed their pool at Balyana. This has left a number of Mitcham residents without a suitable local pool.

I am writing to ask if you have any current plans or interest in developing a pool at your school which could be available for some community use.

If you have an interest and would like to discuss how Council may assist, please contact me on 0408 807 712 to discuss further or to organise a convenient time to meet.

Yours sincerely

MATTHEW PEARSCHIEF EXECUTIVE OFFICER

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18 June 2013

PrincipalUrrbrae Agricultural High School505 Fullarton RoadNETHERBY SA 5062

Dear Principal

As you may be aware Bedford Industries has recently closed their pool at Balyana. This has left a number of Mitcham residents without a suitable local pool.

I am writing to ask if you have any current plans or interest in developing a pool at your school which could be available for some community use.

If you have an interest and would like to discuss how Council may assist, please contact me on 0408 807 712 to discuss further or to organise a convenient time to meet.

Yours sincerely

MATTHEW PEARSCHIEF EXECUTIVE OFFICER

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18 June 2013

PrincipalCabra Dominican College225 Cross RoadCUMBERLAND PARK SA 5041

Dear Principal

As you may be aware Bedford Industries has recently closed their pool at Balyana. This has left a number of Mitcham residents without a suitable local pool.

I am writing to ask if you have any current plans or interest in developing a pool at your school which could be available for some community use.

If you have an interest and would like to discuss how Council may assist, please contact me on 0408 807 712 to discuss further or to organise a convenient time to meet.

Yours sincerely

MATTHEW PEARSCHIEF EXECUTIVE OFFICER

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18 June 2013

PrincipalMercedes College540 Fullarton RoadSPRINGFIELD SA 5062

Dear Principal

As you may be aware Bedford Industries has recently closed their pool at Balyana. This has left a number of Mitcham residents without a suitable local pool.

I am writing to ask if you have any current plans or interest in developing a pool at your school which could be available for some community use.

If you have an interest and would like to discuss how Council may assist, please contact me on 0408 807 712 to discuss further or to organise a convenient time to meet.

Yours sincerely

MATTHEW PEARSCHIEF EXECUTIVE OFFICER

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Scanned By: mclarke on 28/0612013 11:47:59

one

school From the Principal

26 June 2013

Mr M Pears Chief Executive Officer City of Mitcham 131 Belair Road Torrens Park SA 5062

Dear Matt

28 JUN 2013

TC H P&

Thank you for your letter dated 13 June, 2013. I have discussed the opportunity of a community pool located on the Scotch campus extensively with members of my Executive Team as well as key stakeholders on the Scotch College Adelaide Council, and I am pleased to say that we would be excited to explore the possibility. In this regard we have requested the chair of our Council's Infrastructure Committee to investigate where and how this could proceed, as well as help outline the scope of this venture. As requested, as part of the discussion, we would be in a position to identify initial costs, suggest possible models of management and meet with other organisations that have effective arrangements in place to replicate best practices. We hope to have a document for discussion by July 1, 2013. Can you please advise a date after that, when you would be available to review this discussion?

The consensus of my discussions is that while Scotch would make a capital contribution to the building, a capital contribution would also be sought from local, state and federal government.

There was also a great deal of interest among our team in getting Mitcham Council to look at this as more than just a project to establish a community pool. We would like to propose building a Community Centre for Wellbeing for the Mitcham community. Positive Education and wellbeing are a key part of the Scotch offering and we would be interested in sharing our expertise with the larger community. Of course, wellbeing encompasses both physical and mental wellbeing and so we see the community pool as being part of such a centre.

We are excited and keen to progress this discussion, but we are also mindful that there will be a number of decisions that will still need to take place on both sides of this project.

If you have any queries or wish to-discuss this matter further, please give me a call on 8274 4202.

Yours sincerely

J#A-Tim Principal

www.scotch.sa.edu.au Carruth RodI Torrerid Perk South Tuetrilie 76/33 ABC /197 967 2377 Phone +61 8 8274 4333 FAx ±61 8 8271,11 4349 odrniri9icotch i i ?du .au CRICOS NO 396 1 7/6 ADELAIDE

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H:\Property & Development\citv of Mitcham\correspondence\2013.06.27-indoor_pool.docx

27 June 2013

Mr Matthew Pears Chief Executive Officer

City of Mitcham

P0 Box 21, Mitcham Shopping Centre TORRENS PARK SA 5062

Dear Mr Pears

INDOOR POOL FACILITY

EMAILED L21JPZI 8JbIlZ,

ST JOHN'S

I refer to your correspondence dated 22 June 2013 regarding the development of an indoor pool facility within the Council area.

I can confirm that St John's Grammar is interested in the concept and would welcome further discussions on the pool facility along the lines you propose, to be sited on the school grounds.

You will understand that an eight lane, 25m swimming pool was not on the School's capital horizon, and that other facilities required by the students of the School were and are a priority. Hence, major capital contributions from any government, corporation or individual would be required to realise such a project.

In the meantime, 1 am having the School's architect work the School's Master Plan to situate such a facility amongst the existing amenities. As mentioned at our meeting, the School has ownership of some residential properties along Penno Parade North that at first glance, offer a suitable situation for this facility.

I can go no further than express the School's interest at this stage and will await your advice on progressing to the next stage.

Yours sincerely ST JOHN'S GRAMMAR SCHOOL INC

* B R E N

ON HOWELL BUSINESS DIRECTOR

Success, wisdom, balance ABN 44 335 130 648 1 SECONDARY CAMPUS and ADMINISTRATION JUNIOR CAMPUS P0 Box 234 Belair SA 5052

CRICOS Provider No 02301 D I T: 61 88278 2233 F: 61 882782299 T: 61 882782242 F: 61 88278 8864 wew.stjohns.sa.edij.ou

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STRATEGIC PLANNING AND DEVELOPMENT POLICY COMMITTEE

::odma\trim\6\mp\off\237

TERMS OF REFERENCE 1. Establishment of the Strategic Planning and Development Policy

Committee

1.1 Pursuant to Section 101A of the Development Act 1993, the Council establishes a Strategic Planning and Development Policy Committee (the Committee).

1.2 Section 101A(3) of the Development Act 1993 states that the Local

Government Act 1999 will apply in relation to a committee established under this section as if it were a committee established under that Act.

2. Purpose

2.1 The functions of the Committee are:

(a) To provide advice to the Council in relation to the extent to which the Council’s strategic planning and development policies accord with the State Planning Strategy;

(b) To assist the Council in undertaking strategic planning and

monitoring directed at achieving:

(i) orderly and efficient development within the area of the Council; and

(ii) high levels of integration of transport and land-use planning; and

(iii) relevant targets set out in the Planning Strategy within the area of Council; and

(iv) the implementation of affordable housing policies set out in the Planning Strategy within the area of Council; and

(v) other outcomes of a prescribed kind (if any);

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STRATEGIC PLANNING AND DEVELOPMENT POLICY COMMITTEE PAGE 2 ESTABLISHMENT AND TERMS OF REFERENCE

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(c) To provide advice to the Council (or to act as its delegate) in relation to strategic planning and development policy issues when the Council is preparing:

(i) a Strategic Directions Report; or

(ii) a Development Plan Amendment proposal;

(d) Other functions (other than functions relating to development

assessment or compliance) assigned to the committee by the Council.

3. Status and Term of the Committee

3.1 The Committee is a standing committee of Council and makes

recommendations to the Full Council pursuant to Section 41 of the Local Government Act 1999.

3.2 The Committee may:

(a) Approve its Minutes (b) Determine all matters relating to Development Plan

Amendments and Strategic Directions Reports as required by Sections 25, 26 and 30 of the Development Act 1993.

(c) Seek any information it requires from the Chief Executive Officer

in order to perform its duties. (d) Determine if an item should be considered in confidence.

4. Meeting Details

4.1 The Committee will meet on an as-needs basis at a time and date to be decided by the Chief Executive Officer.

4.2 Meetings of the Committee will be held in the Council Chambers, City of

Mitcham, 131 Belair Road, Torrens Park. 4.3 In accordance with Section 87 of the Local Government Act 1999, a

minimum of 3 clear days notice of an ordinary meeting will be provided to members of the Committee.

4.4 Public notice of meetings will be given through publication of the annual

meeting schedule on the City of Mitcham website. A copy of the Notice of Meeting and Committee Agenda will also be displayed in the foyer of the Civic Centre, 131 Belair Road, Torrens Park three clear days prior to the meeting as well in Council’s Mitcham Library and Blackwood Library.

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STRATEGIC PLANNING AND DEVELOPMENT POLICY COMMITTEE PAGE 3 ESTABLISHMENT AND TERMS OF REFERENCE

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4.5 Members of the public are welcome to attend all meetings of the

Committee, unless excluded by resolution of the Committee under the confidentiality provisions of Section 90(2) of the Local Government Act 1999.

5. Membership

5.1 All members of Council are deemed to be members of the Committee. 5.2 All members of the Committee should attend the meeting and where

unable to do so, should provide an apology prior to the meeting to the Chief Executive Officer or to the Presiding Member.

5.3 A quorum for a meeting of the Committee shall be half plus one

members of the Committee. 5.4 Members must comply with the conduct and conflict of interest

provisions of the Local Government Act 1999 and the City of Mitcham Code of Conduct for Elected Members.

6. Presiding Member and Deputy Presiding Member

6.1 The Presiding Member of the Committee will be the Mayor. 6.2 The Deputy Presiding Member of the Committee will be elected by the

Committee. 7. Voting Rights

7.1 All members have equal voting rights. 7.2 All decisions of the Committee shall be made on the basis of a majority

decision of the members present.

7.3 The Presiding Member has a deliberative vote on a question arising for a decision at the meeting but does not, in the event of an equality of votes, have a casting vote.

7.4 In the event of an equality of votes, the status quo will apply.

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STRATEGIC PLANNING AND DEVELOPMENT POLICY COMMITTEE PAGE 4 ESTABLISHMENT AND TERMS OF REFERENCE

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8. Meeting Procedures, Minutes and Documents

8.1 All meetings of the Committee will be held in accordance with the Local Government Act 1999, in particular Part 2 of the meeting procedures and relevant Regulations, the City of Mitcham Code of Practice – Meeting Procedures and the City of Mitcham Code of Practice – Access to Meetings and Documents.

8.2 Minutes will be kept of the proceedings at each Committee meeting.

Members will be provided with a copy of all minutes of the proceedings of the Committee within five days after a meeting.

9. Reporting Requirements

9.1 This Committee reports directly to Council. 9.2 The Committee shall make whatever recommendations to the Full

Council it deems appropriate on any area within its Terms of Reference. 9.3 Recommendations made by the Committee to Full Council, will be

referred to the next available Full Council meeting for final resolution.

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e O

mbu

dsm

an

(Cha

rles

Stu

rt R

epor

t).

Cou

ncil

mem

bers

de

mon

stra

ting

a la

ck o

f kn

owle

dge

of th

eir r

ole

and

not c

ompr

ehen

ding

th

e si

gnifi

canc

e of

thei

r st

atut

ory

decl

arat

ion.

Am

end

this

sec

tion

to s

tate

: “A

m

embe

r of a

cou

ncil

mus

t, at

or

befo

re th

e fir

st m

eetin

g to

be

atte

nded

by

the

mem

ber,

mak

e an

un

derta

king

in th

e pr

escr

ibed

m

anne

r and

form

”.

No

LGA

pos

ition

S

uppo

rt.

The

curre

nt w

ordi

ng

in th

e A

ct is

re

stric

tive

and

coul

d pr

eclu

de le

gitim

ate

chan

ges

to th

e fo

rm.

62

Gen

eral

dut

ies

Rec

omm

enda

tion

of th

e O

mbu

dsm

an

(Con

fiden

tialit

y A

udit)

.

Cou

ncil

mem

bers

di

sclo

sing

con

fiden

tial

info

rmat

ion

to e

xter

nal

parti

es fo

r per

sona

l ag

enda

s.

Inse

rt he

re (o

r pos

sibl

y P

art 3

or 4

of

Cha

pter

6) a

sec

tion

that

mak

es

it an

offe

nce

for a

cou

ncil

mem

ber

and/

or e

mpl

oyee

to k

now

ingl

y di

sclo

se in

form

atio

n or

doc

umen

ts

orde

red

to b

e ke

pt c

onfid

entia

l at a

co

unci

l or c

omm

ittee

mee

ting.

C

larif

y th

at th

e re

leas

e of

suc

h in

form

atio

n to

the

Om

buds

man

, a

Min

iste

r, P

olic

e (a

ssoc

iate

d ag

enci

es) i

s no

t an

offe

nce.

No

LGA

pos

ition

S

uppo

rt.

It w

ould

pro

vide

an

ince

ntiv

e to

mai

ntai

n co

nfid

entia

lity.

Pre

fer S

62 to

be

amen

ded,

and

not

C

hapt

er 6

– to

mak

e it

clea

r it i

s pa

rt of

the

role

of a

Mem

ber.

67

Form

and

co

nten

t of

retu

rns

Rec

omm

enda

tion

of th

e O

mbu

dsm

an

(Cha

rles

Stu

rt R

epor

t).

Cur

rent

ly, t

he

requ

irem

ent t

o up

date

a

coun

cillo

rs’ r

egis

ter o

f in

tere

sts

form

cou

ld b

e co

nsid

ered

opt

iona

l and

ha

s no

def

initi

ve

timef

ram

e.

Am

end

the

prov

isio

n so

that

“may

” is

cha

nged

to a

def

initi

ve

timef

ram

e th

at m

ust b

e co

mpl

ied

with

ie “m

ust n

otify

the

chie

f ex

ecut

ive

offic

er w

ithin

one

mon

th

of a

cha

nge

or v

aria

tion

…”

No

LGA

pos

ition

N

eeds

furth

er

clar

ifica

tion.

It

can

only

app

ly to

a

mis

take

in a

n O

rdin

ary

Ret

urn.

O

ther

wis

e, a

cha

nge

of c

ircum

stan

ces

can

only

app

ly to

a

Prim

ary

Ret

urn.

ATTACHMENT 59

Page 160: AGENDA - City of Mitcham · PDF fileAGENDA FOR A COUNCIL MEETING ... RECOMMENDED that the Minutes of the Council Meeting held on 25 June ... 3 Attended the Rotary Club of Mitcham Handover

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VE

RN

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AC

T 1

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SU

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AR

Y O

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EG

ISL

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PR

OP

OS

AL

S

4

Sec

tio

n

So

urc

e P

rob

lem

P

rop

osa

l L

GA

Co

mm

ent

Ad

min

istr

atio

n

Co

mm

ent

70

Insp

ectio

n of

R

egis

ter

Rec

omm

enda

tion

of th

e O

mbu

dsm

an

(Cha

rles

Stu

rt R

epor

t).

Cur

rent

ly, a

mem

ber o

f th

e pu

blic

mus

t mak

e a

writ

ten

requ

est t

o ac

cess

su

ch in

form

atio

n.

LGA

has

indi

cate

d th

at

coun

cils

may

opp

ose

plac

ing

such

info

rmat

ion

on th

eir w

ebsi

tes.

Rem

ove

the

writ

ten

requ

est

requ

irem

ent f

or a

mem

ber o

f the

pu

blic

to a

cces

s ce

rtain

par

ts o

f a

coun

cil’s

Reg

iste

r of I

nter

ests

, su

ch a

s “in

com

e so

urce

s/em

ploy

er”,

“mem

bers

hip

of a

pol

itica

l par

ty o

r bod

y fo

rmed

fo

r pol

itica

l pur

pose

s, tr

ade

unio

n or

pro

fess

iona

l ass

ocia

tion”

, “h

ospi

talit

y be

nefit

s” a

nd

“pec

unia

ry g

ifts”

. A

men

d so

that

th

is in

form

atio

n is

ava

ilabl

e on

the

coun

cil w

ebsi

te.

LGA

sup

ports

re

mov

al o

f ba

rrier

s to

ob

tain

ing

info

pr

ovid

ed th

at it

al

so a

pplie

s to

ca

ndid

ates

’ in

form

atio

n in

an

elec

tion.

LGA

opp

oses

w

ebsi

te

disc

losu

re.

Sup

port

the

LGA

po

sitio

n.

Do

not s

uppo

rt th

e pu

blic

atio

n of

se

ctio

ns o

f the

R

etur

ns o

n th

e w

ebsi

te fo

r priv

acy

reas

ons.

73(1

)

Con

flict

of

Inte

rest

Rec

omm

enda

tion

of th

e O

mbu

dsm

an

(Cha

rles

Stu

rt)

Gift

s an

d be

nefit

s re

ceiv

ed in

the

past

E

xpan

d th

is s

ectio

n so

that

pas

t gi

fts o

r ben

efits

, pec

unia

ry o

r non

-pe

cuni

ary,

are

incl

uded

.

Cod

e of

con

duct

de

als

with

the

issu

e. Q

uest

ion

why

nee

ded?

Not

nec

essa

ry?

If M

embe

rs b

elie

ve

that

pas

t eve

nts

cont

inue

to c

ause

a

conf

lict,

they

are

al

read

y ab

le to

err

on

the

side

of c

autio

n an

d de

clar

e th

at

inte

rest

.

ATTACHMENT 60

Page 161: AGENDA - City of Mitcham · PDF fileAGENDA FOR A COUNCIL MEETING ... RECOMMENDED that the Minutes of the Council Meeting held on 25 June ... 3 Attended the Rotary Club of Mitcham Handover

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VE

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AC

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SU

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PR

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Sec

tio

n

So

urc

e P

rob

lem

P

rop

osa

l L

GA

Co

mm

ent

Ad

min

istr

atio

n

Co

mm

ent

73(3

)

Con

flict

of

inte

rest

Rec

omm

enda

tion

of th

e O

mbu

dsm

an

(Cha

rles

Stu

rt R

epor

t).

Cur

rent

ly, o

nly

refe

rs to

C

row

n A

genc

ies.

Thi

s is

to

o na

rrow

and

doe

s no

t se

rve

the

inte

rest

s of

the

com

mun

ity to

be

info

rmed

abo

ut th

eir

repr

esen

tativ

es.

Am

end

this

sec

tion

to s

tate

that

a

coun

cil m

embe

r who

is a

n of

ficer

, em

ploy

ee o

r mem

ber o

f any

or

gani

satio

n (n

ot ju

st C

row

n ag

enci

es) w

ill be

rega

rded

as

havi

ng a

n in

tere

st in

a m

atte

r if t

he

mat

ter d

irect

ly c

once

rns

that

or

gani

satio

n an

d th

at th

e co

unci

l m

embe

r mus

t dis

clos

e th

at

inte

rest

. Fur

ther

am

end

to s

tate

th

at th

e co

unci

l mem

ber w

ill o

nly

be re

quire

d to

abs

tain

from

pa

rtici

patin

g in

, or v

otin

g on

, the

m

atte

r if t

he m

embe

r is

dire

ctly

in

volv

ed in

the

mat

ter w

ithin

that

or

gani

satio

n, fo

r exa

mpl

e, h

as

curre

nt o

r exp

ecte

d re

spon

sibi

litie

s/a

role

in th

e m

atte

r.

LGA

sup

ports

this

po

ssib

le c

hang

e pr

ovid

ed th

at it

is

the

subj

ect o

f co

nsul

tatio

n pr

ior

to a

ny c

hang

es.

Sup

port.

Impr

oves

tra

nspa

renc

y an

d ac

coun

tabi

lity

with

out

limiti

ng a

mem

ber’s

ab

ility

to p

artic

ipat

e an

d vo

te if

the

empl

oym

ent i

s no

t de

trim

enta

l to

the

mat

ter a

t han

d.

80A

Trai

ning

and

de

velo

pmen

t

Rec

omm

enda

tion

of th

e O

mbu

dsm

an

(Cha

rles

Stu

rt R

epor

t).

Cou

ncil

mem

bers

de

mon

stra

ting

a la

ck o

f kn

owle

dge

of th

eir r

ole.

Inse

rt a

requ

irem

ent f

or a

cou

ncil’s

tra

inin

g an

d de

velo

pmen

t pol

icy

to

be c

onsi

sten

t with

any

prin

cipl

e or

re

quire

men

t pre

scrib

ed b

y th

e re

gula

tions

and

incl

ude

any

man

dato

ry p

rovi

sion

pre

scrib

ed b

y th

e re

gula

tions

.

LGA

sup

ports

the

intro

duct

ion

of

som

e le

vel o

f m

anda

tory

tra

inin

g.

Sup

port

Impr

oves

kno

wle

dge

a nd

ensu

res

prof

essi

onal

de

velo

pmen

t.

ATTACHMENT 61

Page 162: AGENDA - City of Mitcham · PDF fileAGENDA FOR A COUNCIL MEETING ... RECOMMENDED that the Minutes of the Council Meeting held on 25 June ... 3 Attended the Rotary Club of Mitcham Handover

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VE

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NT

AC

T 1

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IVE

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OP

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AL

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6

Sec

tio

n

So

urc

e P

rob

lem

P

rop

osa

l L

GA

Co

mm

ent

Ad

min

istr

atio

n

Co

mm

ent

90(4

)

Mee

tings

to b

e he

ld in

pub

lic

exce

pt in

sp

ecia

l ci

rcum

stan

ces

Rec

omm

enda

tion

of th

e O

mbu

dsm

an

(Con

fiden

tialit

y A

udit)

.

Cou

ncils

usi

ng c

urre

nt

conf

iden

tialit

y pr

ovis

ions

to

exc

lude

pub

lic fr

om

cont

rove

rsia

l or s

ensi

tive

mat

ters

, whi

ch is

not

the

inte

nt o

f the

legi

slat

ion.

Am

end

to in

clud

e co

ntro

vers

ial o

r se

nsiti

ve m

atte

rs a

s m

atte

rs th

at

are

irrel

evan

t whe

n co

nsid

erin

g m

akin

g a

conf

iden

tial m

eetin

g or

der u

nder

sec

tion

90(2

).

No

LGA

pos

ition

D

o no

t sup

port.

This

is o

verly

pr

escr

iptiv

e as

ther

e m

ay b

e si

tuat

ions

w

here

it is

ap

prop

riate

for

Cou

ncil

to g

o in

to

conf

iden

ce.

Cur

rent

pr

ovis

ions

are

ad

equa

te.

90(7

)? /

91(9

)?

Mee

tings

to b

e he

ld in

pub

lic

exce

pt in

sp

ecia

l ci

rcum

stan

ces

Min

iste

r C

larif

ying

the

coun

cil

mem

bers

vot

ing

in

favo

ur/a

gain

st m

otio

ns

subj

ect t

o co

nfid

entia

lity

orde

rs w

hen

the

min

utes

ar

e re

leas

ed

Am

end

the

rele

vant

sec

tion

to

mak

e it

man

dato

ry fo

r the

pr

esid

ing

mem

ber t

o ta

ke a

di

visi

on o

n a

mot

ion

subj

ect t

o a

conf

iden

tialit

y or

der u

nder

Cha

pter

6,

Par

t 3.

The

divi

sion

wou

ld b

e ta

ken

as p

resc

ribed

in R

egul

atio

n 18

of t

he L

ocal

Gov

ernm

ent

(Pro

cedu

res

at M

eetin

gs)

Reg

ulat

ions

200

0.

No

LGA

pos

ition

D

o no

t sup

port.

Ther

e is

alre

ady

a n

optio

n fo

r a d

ivis

ion

to b

e ca

lled.

The

re is

no

nee

d fo

r it t

o be

m

anda

tory

.

91(7

)

Min

utes

and

re

leas

e of

do

cum

ents

Rec

omm

enda

tion

of th

e O

mbu

dsm

an

(Con

fiden

tialit

y A

udit)

.

Cou

ncils

failin

g to

pr

ovid

e ad

equa

te

reas

ons

for m

akin

g a

conf

iden

tialit

y or

der.

Am

end

to re

quire

cou

ncils

to

incl

ude

an e

xpla

natio

n of

gro

unds

fo

r whi

ch a

con

fiden

tialit

y or

der i

s be

ing

mad

e, w

hy th

e m

atte

r fal

ls

with

in th

ose

grou

nds

and,

if

rele

vant

to th

e se

ctio

n un

der w

hich

No

LGA

pos

ition

S

uppo

rt.

The

prev

ious

two

prop

osal

s be

com

e su

perfl

uous

if th

ere

is

a fu

ll ex

plan

atio

n fo

r

ATTACHMENT 62

Page 163: AGENDA - City of Mitcham · PDF fileAGENDA FOR A COUNCIL MEETING ... RECOMMENDED that the Minutes of the Council Meeting held on 25 June ... 3 Attended the Rotary Club of Mitcham Handover

L

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GO

VE

RN

ME

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AC

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SU

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PR

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7

Sec

tio

n

So

urc

e P

rob

lem

P

rop

osa

l L

GA

Co

mm

ent

Ad

min

istr

atio

n

Co

mm

ent

the

orde

r is

mad

e, w

hy d

iscu

ssio

n of

the

mat

ter i

n an

ope

n m

eetin

g w

ould

be,

on

the

bala

nce,

con

trary

to

the

publ

ic in

tere

st.

the

ratio

nale

of g

oing

in

to c

onfid

ence

.

91(9

)

Min

utes

and

re

leas

e of

do

cum

ents

Rec

omm

enda

tion

of th

e O

mbu

dsm

an

(Con

fiden

tialit

y A

udit)

.

Cou

ncils

ext

endi

ng

conf

iden

tialit

y or

ders

af

ter t

he e

xpira

tion

of th

e pr

eced

ing

orde

r.

Am

end

to in

sert

a re

quire

men

t tha

t if

a co

unci

l or c

ounc

il co

mm

ittee

se

eks

to e

xten

d th

e du

ratio

n of

a

conf

iden

tialit

y or

der o

ver

docu

men

ts, i

t mus

t res

olve

to d

o so

bef

ore

the

date

of t

he e

xpiry

of

the

prec

edin

g or

der.

Furth

er, i

t mus

t be

the

coun

cil o

r co

unci

l com

mitt

ee th

at re

solv

es to

do

so

and

this

pow

er c

anno

t be

dele

gate

d to

an

empl

oyee

of t

he

coun

cil.\

No

LGA

pos

ition

S

uppo

rt.

Cou

ncil’s

Cod

e of

P

ract

ice

– M

eetin

g P

roce

dure

s re

fers

to

this

pro

cess

.

97

Vac

ancy

in

offic

e

City

of B

urns

ide.

C

urre

ntly

, the

pro

visi

on

is b

rief a

nd d

oes

not

prov

ide

clar

ity o

f the

re

quis

ite p

roce

ss fo

r a

coun

cil t

o de

al w

ith

resi

gnat

ion

of a

CEO

.

Am

end

to in

clud

e a

sect

ion

that

al

low

s th

e C

EO

to w

ithdr

aw a

w

ritte

n re

sign

atio

n no

tice

and

give

th

e co

unci

l the

pow

er to

acc

ept t

he

with

draw

al. A

lso

need

to d

eter

min

e a

timef

ram

e fro

m th

e re

ceip

t of t

he

writ

ten

with

draw

al o

f res

igna

tion

by

the

coun

cil a

nd th

e co

unci

l re

solv

ing

to e

ither

acc

ept o

r ref

use

the

with

draw

al n

otic

e.

LGA

sup

ports

this

ch

ange

N

o po

sitio

n.

ATTACHMENT 63

Page 164: AGENDA - City of Mitcham · PDF fileAGENDA FOR A COUNCIL MEETING ... RECOMMENDED that the Minutes of the Council Meeting held on 25 June ... 3 Attended the Rotary Club of Mitcham Handover

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GO

VE

RN

ME

NT

AC

T 1

999

SU

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PR

OP

OS

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8

Sec

tio

n

So

urc

e P

rob

lem

P

rop

osa

l L

GA

Co

mm

ent

Ad

min

istr

atio

n

Co

mm

ent

123(

4)(a

)

Ann

ual

busi

ness

pl

ans

and

budg

ets

OS

LGR

C

urre

ntly

, not

ice

only

re

quire

d to

be

in p

rint.

Am

end

to a

lso

requ

ire p

ublic

atio

n of

the

notic

e on

the

coun

cil’s

w

ebsi

te.

No

LGA

pos

ition

S

uppo

rt.

This

alig

ns w

ith

Cou

ncil’s

Pub

lic

Con

sulta

tion

Pol

icy.

123(

5)

Ann

ual

busi

ness

pl

ans

and

budg

ets

OS

LGR

C

urre

ntly

, dra

ft an

nual

bu

sine

ss p

lan

only

re

quire

d to

be

in p

rint.

Am

end

to a

lso

requ

ire th

at th

e dr

aft a

nnua

l bus

ines

s pl

an b

e m

ade

avai

labl

e on

the

coun

cil

web

site

.

No

LGA

pos

ition

S

uppo

rt.

See

imm

edia

tely

ab

ove.

123(

9)(b

)

Ann

ual

busi

ness

pl

ans

and

budg

ets

OS

LGR

C

urre

ntly

, ann

ual

busi

ness

pla

n an

d bu

dget

onl

y re

quire

d to

be

in p

rint.

Am

end

to m

ake

cons

iste

nt w

ith

abov

e, in

that

the

annu

al b

usin

ess

plan

and

bud

get a

re a

lso

requ

ired

to b

e m

ade

avai

labl

e on

the

coun

cil w

ebsi

te.

No

LGA

pos

ition

S

uppo

rt.

As

abov

e.

126(

4)(a

d)

Aud

it co

mm

ittee

OS

LGR

.

Min

or te

chni

cal

amen

dmen

t.

Sch

edul

e 2,

Par

t 1,

Cla

use

13(2

) cle

arly

st

ates

that

a s

ubsi

diar

y m

ust e

stab

lish

an a

udit

com

mitt

ee.

Del

ete

this

pro

visi

on.

LGA

sup

ports

this

ch

ange

S

uppo

rt.

Cor

rect

s a

min

or,

tech

nica

l in

cons

iste

ncy.

ATTACHMENT 64

Page 165: AGENDA - City of Mitcham · PDF fileAGENDA FOR A COUNCIL MEETING ... RECOMMENDED that the Minutes of the Council Meeting held on 25 June ... 3 Attended the Rotary Club of Mitcham Handover

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AC

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SU

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AR

Y O

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ISL

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PR

OP

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9

Sec

tio

n

So

urc

e P

rob

lem

P

rop

osa

l L

GA

Co

mm

ent

Ad

min

istr

atio

n

Co

mm

ent

132(

3)

Acc

ess

to

docu

men

ts

Rec

omm

enda

tion

of th

e O

mbu

dsm

an

(Con

fiden

tialit

y A

udit)

.

Cur

rent

ly, n

ot re

quire

d to

be

mad

e av

aila

ble

on

the

inte

rnet

.

Inse

rt a

requ

irem

ent f

or d

ocum

ents

re

leas

ed fr

om c

onfid

entia

lity

to b

e in

clud

ed a

s do

cum

ents

to b

e m

ade

avai

labl

e fo

r ins

pect

ion

on th

e in

tern

et.

No

LGA

pos

ition

S

uppo

rt.

This

is a

lread

y C

ounc

il’s p

ract

ice.

158(

2)

Min

imum

R

ates

Mar

ina

Ber

ths

Por

t Ade

laid

e E

nfie

ld C

ounc

il,

Mem

ber f

or P

ort

Ade

laid

e, H

on J

D

arle

y (P

rivat

e M

embe

r’s B

ill)

Cou

ncils

requ

ired

to

appl

y M

inim

um R

ate

to

who

le o

f cou

ncil

area

, an

d m

ay a

pply

Min

imum

R

ate

to la

nd s

ubje

ct to

in

divi

dual

leas

es.

Som

e m

arin

a be

rths

have

ver

y lo

w v

alue

and

ap

plic

atio

n of

Min

imum

R

ate

to th

ese

berth

s is

se

en a

s on

erou

s.

Am

end

158(

2)(b

a) to

stip

ulat

e th

at

a M

inim

um R

ate

c ann

ot b

e im

pose

d on

indi

vidu

al m

arin

a be

rths.

Not

e: T

he M

inis

ter i

s cu

rrent

ly

cons

ider

ing

this

issu

e. O

ther

op

tions

may

be

rais

ed in

co

nsul

tatio

n an

d dr

aftin

g ph

ase.

No

LGA

pos

ition

N

ot a

pplic

able

.

174(

2)

Insp

ectio

n of

as

sess

men

t re

cord

Req

uest

of t

he

LGA

. P

rivac

y co

ncer

ns.

Inse

rt a

requ

irem

ent t

hat t

he

info

rmat

ion

acce

ssed

is n

ot to

be

used

for c

omm

erci

al p

urpo

ses.

LGA

sup

ports

this

ch

ange

. M

ay

need

to b

e m

ade

an o

ffenc

e pr

ovis

ion?

Sup

port.

Aim

s to

pro

tect

pr

oper

ty o

wne

rs fr

om

real

est

ate

agen

ts e

tc

acce

ssin

g th

eir

info

rmat

ion

for

com

mer

cial

pu

rpos

es.

ATTACHMENT 65

Page 166: AGENDA - City of Mitcham · PDF fileAGENDA FOR A COUNCIL MEETING ... RECOMMENDED that the Minutes of the Council Meeting held on 25 June ... 3 Attended the Rotary Club of Mitcham Handover

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AC

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ISL

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IVE

PR

OP

OS

AL

S

10

Sec

tio

n

So

urc

e P

rob

lem

P

rop

osa

l L

GA

Co

mm

ent

Ad

min

istr

atio

n

Co

mm

ent

202(

4)

Alie

natio

n of

co

mm

unity

la

nd b

y le

ase

or li

cenc

e

Req

uest

from

th

e LG

A.

The

LGA

has

requ

este

d th

e ex

tens

ion

of th

e cu

rrent

term

of 2

1 ye

ars

to p

rovi

de fo

r tho

se

leas

es o

f com

mun

ity

land

by

com

mun

ity

grou

ps th

at in

volv

e si

gnifi

cant

infra

stru

ctur

e in

vest

men

t eg

Spo

rting

cl

ubs,

'Mea

ls o

n W

heel

s'

build

ings

etc

Am

end

this

sec

tion

to c

hang

e th

e te

rm o

f the

leas

e to

42

year

s.

LGA

sup

ports

this

ch

ange

S

uppo

rt.

Pro

vide

s gr

eat

certa

inty

for t

hose

le

ases

of c

omm

unity

la

nd b

y co

mm

unity

gr

oups

that

invo

lve

sign

ifica

nt

infra

stru

ctur

e in

vest

men

t.

226

Mov

eabl

e si

gns

Rec

omm

enda

tion

of th

e E

lect

ions

R

evie

w –

su

ppor

ted

by

the

Ele

ctor

al

Com

mis

sion

er

and

the

LGA.

Cur

rent

ly, t

here

is

conf

usio

n ab

out t

he

defin

ition

of t

he w

ord

“road

” use

d in

the

sect

ion

and

coun

cils

are

cu

rrent

ly u

nabl

e to

en

forc

e th

e ap

prov

al/c

ondi

tions

.

Am

end

this

sec

tion

to e

nsur

e th

ere

is a

refe

renc

e to

infra

stru

ctur

e on

a

road

, suc

h as

sto

bie

pole

s an

d st

reet

ligh

ts, a

nd th

at it

s us

e is

su

bjec

t to

the

cons

ent,

and

any

asso

ciat

ed c

ondi

tions

, of t

he

infra

stru

ctur

e ow

ner,

with

an

offe

nce

prov

isio

n th

at a

llow

s co

unci

ls to

enf

orce

the

brea

ch o

f th

e co

nditi

ons.

LGA

sup

ports

this

ch

ange

S

uppo

rt.

Inf ra

stru

ctur

e ow

ners

sh

ould

be

resp

onsi

ble

for t

he

cons

ent t

o pl

ace

elec

tion

sign

s.

ATTACHMENT 66

Page 167: AGENDA - City of Mitcham · PDF fileAGENDA FOR A COUNCIL MEETING ... RECOMMENDED that the Minutes of the Council Meeting held on 25 June ... 3 Attended the Rotary Club of Mitcham Handover

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AC

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AR

Y O

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ISL

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IVE

PR

OP

OS

AL

S

11

Sec

tio

n

So

urc

e P

rob

lem

P

rop

osa

l L

GA

Co

mm

ent

Ad

min

istr

atio

n

Co

mm

ent

226(

3)(c

a)

Mov

eabl

e si

gns

Rec

omm

enda

tion

of th

e E

lect

ions

R

evie

w –

su

ppor

ted

by

the

Ele

ctor

al

Com

mis

sion

er

and

the

LGA.

In p

revi

ous

elec

tions

, m

any

cand

idat

es

erec

ted

corfl

ute

sign

s pr

ior t

o cu

rrent

four

-w

eek

perio

d an

d co

unci

ls h

ave

requ

este

d th

at p

erio

d be

ext

ende

d.

The

Ele

ctio

ns R

evie

w

reco

mm

ende

d th

is

exte

nsio

n.

Am

end

this

sec

tion

so th

at s

igns

m

ay b

e er

ecte

d si

x w

eeks

prio

r to

the

clos

e of

pol

ls.

LGA

sup

ports

this

ch

ange

D

o no

t sup

port.

It w

ill co

mpo

und

the

prob

lem

of v

isua

l po

llutio

n ca

used

by

elec

tion

sign

s. F

our

wee

ks is

suf

ficie

nt

time.

237(

4)

Rem

oval

of

vehi

cles

Req

uest

from

th

e LG

A.

Saf

ety

conc

erns

re

vehi

cle

owne

rs

atte

mpt

ing

to a

cces

s th

eir i

mpo

unde

d ve

hicl

es

with

out c

onta

ctin

g th

e co

unci

l.

Am

end

this

sec

tion

to re

mov

e re

fere

nce

to “a

nd o

f the

pla

ce to

w

hich

the

vehi

cle

was

rem

oved

”.

LGA

sup

ports

this

ch

ange

S

uppo

rt.

The

inte

nt is

that

the

form

cle

arly

pro

vide

s a

coun

cil c

onta

ct

nam

e an

d nu

mbe

r so

that

the

owne

r can

co

ntac

t tha

t per

son

to d

iscu

ss th

e re

triev

al o

f the

ir ve

hicl

e.

ATTACHMENT 67

Page 168: AGENDA - City of Mitcham · PDF fileAGENDA FOR A COUNCIL MEETING ... RECOMMENDED that the Minutes of the Council Meeting held on 25 June ... 3 Attended the Rotary Club of Mitcham Handover

L

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GO

VE

RN

ME

NT

AC

T 1

999

SU

MM

AR

Y O

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EG

ISL

AT

IVE

PR

OP

OS

AL

S

12

Sec

tio

n

So

urc

e P

rob

lem

P

rop

osa

l L

GA

Co

mm

ent

Ad

min

istr

atio

n

Co

mm

ent

270(

a1)

Pro

cedu

res

for

revi

ew o

f de

cisi

ons

and

requ

ests

for

serv

ices

OS

LGR

.

Min

or te

chni

cal

amen

dmen

t.

Inte

nt is

that

the

prov

isio

n ad

dres

s pr

oced

ures

for r

evie

w o

f de

cisi

ons

and

requ

ests

fo

r ser

vice

s, n

ot “o

r” as

it

curre

ntly

sta

tes.

Cha

nge

the

“or”

betw

een

(a) a

nd

(b) t

o “a

nd”.

LGA

sup

ports

this

ch

ange

S

uppo

rt.

Cor

rect

s an

ove

rsig

ht

and

ensu

res

the

inte

nt o

f the

pr

ovis

ion.

271(

5)-(8

)

Med

iatio

n,

conc

iliatio

n an

d ne

utra

l ev

alua

tion

OS

LGR

.

Min

or te

chni

cal

amen

dmen

t.

Pro

visi

ons

curre

ntly

m

ake

no re

fere

nce

to

conc

iliatio

n/co

ncilia

tor.

The

prov

isio

ns n

eed

“con

cilia

tor”

and

“con

cilia

tion”

add

ed to

be

cons

iste

nt w

ith th

e tit

le o

f the

se

ctio

n.

LGA

sup

ports

this

ch

ange

S

uppo

rt.

See

abo

ve.

294(

6)(a

)

Pow

er to

ent

er

and

occu

py

land

Req

uest

from

th

e LG

A.

Cur

rent

ly, c

onfu

sion

as

to th

e m

eani

ng o

f “th

e cu

rtila

ge”.

Am

end

to re

mov

e th

e w

ords

“of

the

curti

lage

” to

avoi

d co

nfus

ion

abou

t its

def

initi

on a

nd re

writ

e to

re

ad “l

and

that

is w

ithin

500

met

res

of a

hou

se o

r dw

ellin

g”.

LGA

sup

ports

this

ch

ange

S

uppo

rt.

298(

1)

Pow

er o

f co

unci

l to

act

in e

mer

genc

y

Req

uest

from

th

e LG

A.

Cur

rent

ly, p

rovi

sion

lim

ited

to “f

lood

ing”

: ver

y na

rrow

.

As

this

sec

tion

limits

cou

ncil

actio

ns o

nly

to fl

oodi

ng a

nd n

ot

othe

r em

erge

ncy

situ

atio

ns, i

t is

sugg

este

d th

at it

be

rew

ritte

n as

“If

an e

mer

genc

y si

tuat

ion

in th

e ar

ea

of a

cou

ncil

has

occu

rred

or is

im

min

ent a

nd th

e co

unci

l is

of th

e op

inio

n th

at th

ere

is d

ange

r to

life

LGA

sup

ports

this

ch

ange

S

uppo

rt.

Cor

rect

s th

e si

tuat

ion

whe

re c

ounc

il ac

tion

limite

d pu

rely

to

flood

ing.

Ena

bles

co

unci

ls to

take

ne

cess

ary

actio

n as

w

arra

nted

in a

n

ATTACHMENT 68

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Sec

tio

n

So

urc

e P

rob

lem

P

rop

osa

l L

GA

Co

mm

ent

Ad

min

istr

atio

n

Co

mm

ent

or p

rope

rty, i

t may

ord

er th

at a

ctio

n be

take

n as

it th

inks

fit t

o av

ert o

r re

duce

the

dang

er”.

emer

genc

y si

tuat

ion.

299

Veg

etat

ion

clea

ranc

e on

pr

ivat

e la

nd

Req

uest

from

th

e LG

A.

Cou

ncils

are

relu

ctan

t to

use

this

pow

er to

act

on

a re

ques

t fro

m a

land

ow

ner f

or re

mov

al o

f ve

geta

tion

on a

djoi

ning

pr

ivat

e la

nd, d

ue to

lia

bilit

y co

ncer

ns, a

nd it

is

con

side

red

mor

e ap

prop

riate

that

it b

e a

priv

ate

civi

l mat

ter,

sim

ilar t

o fe

nces

etc

.

Rep

eal t

his

sect

ion.

LG

A s

uppo

rts th

is

chan

ge

Sup

port.

Bri n

gs p

rivat

e tre

e di

sput

es in

line

with

ot

her p

rivat

e di

sput

es, s

uch

as

fenc

es e

tc.

Pub

licat

ion

of

char

ters

of

subs

idia

ries

Sch

edul

e 2,

P

art 1

, Cla

use

3(5)

(b)

Sch

edul

e 2,

P

art 2

, Cla

use

19(5

)(b

Req

uest

from

th

e LG

A.

Cur

rent

ly, a

min

or

amen

dmen

t to

a ch

arte

r st

ill re

quire

s th

at th

e ch

arte

r be

publ

ishe

d in

its

ent

irety

in th

e G

azet

te, w

hich

can

in

volv

e di

spro

porti

onat

ely

high

co

st.

Am

end

this

cla

use

to s

ay th

at a

su

bsid

iary

mus

t ens

ure

that

a

notic

e of

the

amen

dmen

t is

publ

ishe

d in

the

Gaz

ette

and

that

a

web

link

to th

e co

py o

f the

cha

rter

shou

ld b

e in

clud

ed in

the

notic

e.

LGA

sup

ports

this

ch

ange

S

uppo

rt.

Avo

ids

the

high

cos

t of

pub

lishi

ng a

ch

arte

r in

its e

ntire

ty

in th

e G

azet

te w

hen

mer

ely

bein

g am

ende

d, w

hile

stil

l re

quiri

ng th

at th

e ch

ange

be

form

ally

pu

blis

hed.

ATTACHMENT 69

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OP

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14

Sec

tio

n

So

urc

e P

rob

lem

P

rop

osa

l L

GA

Co

mm

ent

Ad

min

istr

atio

n

Co

mm

ent

Sub

sidi

arie

s au

dit

requ

irem

ents

Sch

edul

e 2,

P

art 1

, Cla

use

13

Sch

edul

e 2,

P

art 2

, Cla

use

30

OS

LGR

.

Min

or te

chni

cal

amen

dmen

t.

Inco

rrect

wor

ding

: the

au

dit i

s no

t int

erna

l. C

hang

e he

adin

g fro

m “I

nter

nal

Aud

it” to

“Aud

it”.

Cha

nge

head

ing

from

“Int

erna

l A

udit”

to “A

udit”

.

LGA

sup

ports

this

ch

ange

S

uppo

rt.

Cor

rect

s an

in

cons

iste

ncy.

Loca

l G

over

nmen

t (G

ener

al)

Reg

ulat

ions

19

99

Reg

ulat

ion

14A

OS

LGR

.

Min

or te

chni

cal

amen

dmen

t.

Cur

rent

ly, i

ncon

sist

ent

with

sec

tion

271

of th

e Lo

cal G

over

nmen

t Act

19

99.

Am

end

this

sec

tion

to a

lso

refe

r to

“med

iato

r” an

d “e

valu

ator

”.

LGA

sup

ports

this

ch

ange

Sup

port.

Cor

rect

s an

in

cons

iste

ncy.

ATTACHMENT 70

Page 171: AGENDA - City of Mitcham · PDF fileAGENDA FOR A COUNCIL MEETING ... RECOMMENDED that the Minutes of the Council Meeting held on 25 June ... 3 Attended the Rotary Club of Mitcham Handover

L

OC

AL

GO

VE

RN

ME

NT

AC

T 1

999

SU

MM

AR

Y O

F L

EG

ISL

AT

IVE

PR

OP

OS

AL

S

15

Sec

tio

n

So

urc

e P

rob

lem

P

rop

osa

l L

GA

Co

mm

ent

Ad

min

istr

atio

n

Co

mm

ent

Sch

edul

e 1,

Fo

rm 7

B

Req

uest

from

th

e LG

A.

Saf

ety

conc

erns

re

vehi

cle

owne

rs

atte

mpt

ing

to a

cces

s th

eir i

mpo

unde

d ve

hicl

es

with

out c

onta

ctin

g th

e co

unci

l.

Rem

ove

“Pla

ce to

whi

ch v

ehic

le

was

rem

oved

:” an

d “(a

) you

r ve

hicl

e ha

s be

en re

mov

ed to

the

plac

e st

ated

in th

is n

otic

e;” f

rom

th

e fo

rm (c

onse

quen

tial t

o am

endm

ent t

o se

ctio

n 23

7(4)

).

LGA

sup

ports

this

ch

ange

Sup

port.

Th

e in

tent

is th

at th

e fo

rm c

lear

ly p

rovi

des

a co

unci

l con

tact

na

me

and

num

ber s

o th

at th

e ow

ner c

an

cont

act t

hat p

erso

n to

dis

cuss

the

retri

eval

of t

heir

vehi

cle.

ATTACHMENT 71

Page 172: AGENDA - City of Mitcham · PDF fileAGENDA FOR A COUNCIL MEETING ... RECOMMENDED that the Minutes of the Council Meeting held on 25 June ... 3 Attended the Rotary Club of Mitcham Handover

L

OC

AL

GO

VE

RN

ME

NT

(E

LE

CT

ION

S)

AC

T 1

999

SU

MM

AR

Y O

F L

EG

ISL

AT

IVE

PR

OP

OS

AL

S

16

Sec

tio

n

So

urc

e P

rob

lem

P

rop

osa

l L

GA

Co

mm

ent

Ad

min

istr

atio

n

Co

mm

ent

6(8)

Sup

plem

ent

ary

elec

tions

Ele

ctor

al

Com

mis

sion

er.

Cur

rent

ly, t

here

is a

n in

cons

iste

ncy

betw

een

clos

ing

time

for v

otin

g fo

r su

pple

men

tary

ele

ctio

ns (1

2 no

on) a

nd c

losi

ng ti

me

for

Loca

l Gov

ernm

ent p

erio

dic

elec

tions

(5 p

m).

Am

end

this

sec

tion

to a

llow

for

the

clos

e of

vot

ing

for

supp

lem

enta

ry e

lect

ions

to b

e 5p

m o

n po

lling

day.

No

LGA

pos

ition

N

o po

sitio

n.

9(3)

Cou

ncil

may

ho

ld p

olls

OS

LGR

C

urre

ntly

, onl

y re

quire

d to

gi

ve n

otic

e of

pol

ling

day

in

prin

t.

Am

end

this

sec

tion

so th

at

coun

cils

mus

t als

o pr

ovid

e no

tice

of p

ollin

g da

y on

its

web

site

.

No

LGA

pos

ition

S

uppo

rt.

Upd

ates

the

prov

isio

n in

line

w

ith s

ocie

ty’s

pr

ogre

ssio

n to

the

inte

rnet

.

9(6)

Cou

ncil

may

ho

ld p

olls

Ele

ctor

al

Com

mis

sion

er.

Cur

rent

ly, t

here

is a

n in

cons

iste

ncy

betw

een

clos

ing

time

for v

otin

g fo

r po

lls (1

2 no

on) a

nd c

losi

ng

time

for p

erio

dic

Loca

l G

over

nmen

t ele

ctio

ns (5

pm

).

Am

end

this

sec

tion

to a

llow

for

the

clos

e of

vot

ing

for a

cou

ncil

poll

to b

e 5p

m o

n po

lling

day.

No

LGA

pos

ition

N

o po

sitio

n.

15(1

3)

The

vote

rs

roll

Ele

ctor

al

Com

mis

sion

er.

Nee

ds to

be

mad

e co

nsis

tent

w

ith s

ectio

n 15

(14)

: it i

s un

ders

tood

that

this

re

mai

ning

refe

renc

e to

pu

rcha

se o

f the

vot

ers

roll

was

an

over

sigh

t.

Am

end

this

sec

tion

to re

mov

e th

e re

fere

nce

to ‘p

urch

ase’

of t

he

vote

rs ro

ll.

No

LGA

pos

ition

S

uppo

rt.

It co

rrect

s an

in

cons

ist e

ncy.

ATTACHMENT 72

Page 173: AGENDA - City of Mitcham · PDF fileAGENDA FOR A COUNCIL MEETING ... RECOMMENDED that the Minutes of the Council Meeting held on 25 June ... 3 Attended the Rotary Club of Mitcham Handover

L

OC

AL

GO

VE

RN

ME

NT

(E

LE

CT

ION

S)

AC

T 1

999

SU

MM

AR

Y O

F L

EG

ISL

AT

IVE

PR

OP

OS

AL

S

17

Sec

tio

n

So

urc

e P

rob

lem

P

rop

osa

l L

GA

Co

mm

ent

Ad

min

istr

atio

n

Co

mm

ent

19A

Pub

licat

ion

of c

andi

date

st

atem

ents

et

c

Req

uest

from

th

e LG

A.

The

cost

of s

uppo

rting

the

web

site

and

the

sign

ifica

nt

wor

kloa

d it

gene

rate

s fo

r LG

A s

taff

outw

eigh

s an

y be

nefit

giv

en d

ue to

the

extre

mel

y lo

w u

se o

f the

w

ebsi

te fo

r sup

plem

enta

ry

elec

tions

.

Am

end

this

sec

tion

to re

mov

e th

e re

quire

men

t for

the

LGA

to

oper

ate

the

cand

idat

es’ w

ebsi

te

for s

uppl

emen

tary

ele

ctio

ns.

LGA

sup

ports

this

ch

ange

N

o po

sitio

n.

28

Pub

licat

ion

of

mis

lead

ing

mat

eria

l

Req

uest

from

th

e LG

A.

Dur

ing

the

2010

ele

ctio

ns, t

he

Ele

ctor

al C

omm

issi

oner

foun

d a

num

ber o

f can

dida

tes

brea

ched

this

sec

tion

and

they

wer

e re

ques

ted

to

with

draw

the

offe

ndin

g m

ater

ial a

nd p

ublis

h a

retra

ctio

n in

The

Adv

ertis

er.

How

ever

, the

retra

ctio

ns,

publ

ishe

d as

‘pos

tage

sta

mp’

si

ze e

ntrie

s in

the

back

pag

es

of th

e ne

wsp

aper

, wer

e co

nsid

ered

uns

atis

fact

ory.

Am

end

this

sec

tion

to re

quire

the

publ

icat

ion

of a

retra

ctio

n to

be

prom

inen

tly p

lace

d in

the

early

pa

ges

of T

he A

dver

tiser

and

ot

her l

ocal

pre

ss.

LGA

sup

ports

this

ch

ange

S

uppo

rt.

Imp r

oves

the

retra

ctio

n re

quire

men

ts.

ATTACHMENT 73

Page 174: AGENDA - City of Mitcham · PDF fileAGENDA FOR A COUNCIL MEETING ... RECOMMENDED that the Minutes of the Council Meeting held on 25 June ... 3 Attended the Rotary Club of Mitcham Handover

L

OC

AL

GO

VE

RN

ME

NT

(E

LE

CT

ION

S)

AC

T 1

999

SU

MM

AR

Y O

F L

EG

ISL

AT

IVE

PR

OP

OS

AL

S

18

Sec

tio

n

So

urc

e P

rob

lem

P

rop

osa

l L

GA

Co

mm

ent

Ad

min

istr

atio

n

Co

mm

ent

29(3

)

Bal

lot p

aper

s

Ele

ctor

al

Com

mis

sion

er.

Cur

rent

tim

e fo

r dra

win

g of

lo

ts fo

r the

ord

er o

f ca

ndid

ates

’ nam

es o

n th

e ba

llot p

aper

for e

lect

ions

is

4pm

and

it is

impr

actic

al: n

o ne

ed to

wai

t till

then

.

Am

end

this

sec

tion

to a

llow

for

draw

ing

of lo

ts a

s so

on a

s re

ason

ably

pra

ctic

able

afte

r 12

noon

.

No

LGA

pos

ition

S

uppo

rt.

Can

dida

tes

are

mor

e lik

ely

to s

till

be a

roun

d to

w

itnes

s th

e ba

llot i

f it

is h

eld

soon

afte

r th

e cl

ose

of p

olls

.

47

Arra

ngin

g po

stal

pa

pers

Ele

ctor

al

Com

mis

sion

er.

Will

be in

cons

iste

nt w

ith

sect

ions

6(8

) and

9(6

) if t

hose

pr

ovis

ions

are

am

ende

d as

pr

opos

ed.

Am

end

this

sec

tion

to re

mov

e th

e re

fere

nce

to th

e cl

ose

of v

otin

g at

12

noo

n fo

r an

elec

tion

or p

oll.

No

LGA

pos

ition

N

o po

sitio

n.

48

Met

hod

of

coun

ting

and

prov

isio

nal

decl

arat

ions

Ele

ctor

al

Com

mis

sion

er.

This

sec

tion

curre

ntly

use

s th

e m

etho

d of

dis

tribu

ting

ballo

t pap

ers

in e

lect

ions

with

si

ngle

mem

ber v

acan

cies

: a

time-

cons

umin

g pr

oces

s.

(Ref

er d

etai

led

expl

anat

ion

in

Dra

fting

Inst

ruct

ions

)

Am

end

so th

at m

etho

d in

this

se

ctio

n is

alte

red

to th

e m

etho

d us

ed w

hen

cond

uctin

g an

op

tiona

l pre

fere

ntia

l cou

nt.

No

LGA

pos

ition

N

o po

sitio

n.

91A

(8)(d

)

Con

duct

of

coun

cil

durin

g el

ectio

n pe

riod

Req

uest

from

th

e LG

A.

This

sec

tion

caus

ed

cons

ider

able

con

fusi

on fo

r el

ectio

n ca

ndid

ates

and

co

unci

l sta

ff at

the

last

el

ectio

n, re

gard

ing

the

use

of

coun

cil r

esou

rces

dur

ing

the

Rem

ove

this

sec

tion

from

the

defin

ition

of a

‘des

igna

ted

deci

sion

’.

The

LGA

su

ppor

ts th

is

chan

ge

Sup

port.

Agr

ee th

at th

is p

art

of th

e C

aret

aker

P

olic

y ca

used

co

nfus

ion.

ATTACHMENT 74

Page 175: AGENDA - City of Mitcham · PDF fileAGENDA FOR A COUNCIL MEETING ... RECOMMENDED that the Minutes of the Council Meeting held on 25 June ... 3 Attended the Rotary Club of Mitcham Handover

L

OC

AL

GO

VE

RN

ME

NT

(E

LE

CT

ION

S)

AC

T 1

999

SU

MM

AR

Y O

F L

EG

ISL

AT

IVE

PR

OP

OS

AL

S

19

Sec

tio

n

So

urc

e P

rob

lem

P

rop

osa

l L

GA

Co

mm

ent

Ad

min

istr

atio

n

Co

mm

ent

el

ectio

n pe

riod

for t

he

adva

ntag

e of

a p

artic

ular

ca

ndid

ate

or g

roup

of

cand

idat

es. I

t is

mar

kedl

y di

ffere

nt fr

om th

e ot

her

mat

ters

that

form

par

t of t

he

defin

ition

of “

desi

gnat

ed

deci

sion

”.

Loca

l G

over

nmen

t (E

lect

ions

) R

egul

atio

ns

2010

Reg

ulat

ion

5(2)

- M

anne

r in

whi

ch

nom

inat

ions

ar

e m

ade

Rec

omm

enda

tio

n of

the

Om

buds

man

(C

harle

s S

turt

Rep

ort).

Cur

rent

ly, a

can

dida

te is

not

re

quire

d to

dec

lare

m

embe

rshi

p of

a p

oliti

cal

party

.

Mak

e an

add

ition

to th

is

regu

latio

n to

requ

ire th

e ca

ndid

ate

prof

ile to

con

tain

the

nam

e of

any

pol

itica

l par

ty, a

ny

body

or a

ssoc

iatio

n fo

rmed

for

polit

ical

pur

pose

s of

whi

ch th

e ca

ndid

ate

is a

mem

ber o

r has

be

en a

mem

ber w

ithin

the

past

tw

elve

mon

ths.

The

LGA

su

ppor

ts a

br

oade

r r e

quire

men

t for

ca

ndid

ates

to b

e re

quire

d to

pr

ovid

e si

mila

r in

form

atio

n to

that

cu

rrent

ly

cont

aine

d in

a

mem

ber’s

regi

ster

of

inte

rest

s. T

his

wou

ld p

rovi

de

leve

l pla

ying

fiel

d fo

r ele

ctio

ns.

Sup

port.

ATTACHMENT 75

Page 176: AGENDA - City of Mitcham · PDF fileAGENDA FOR A COUNCIL MEETING ... RECOMMENDED that the Minutes of the Council Meeting held on 25 June ... 3 Attended the Rotary Club of Mitcham Handover

OTH

ER

AC

TS –

SU

MM

AR

Y O

F LE

GIS

LATI

VE

PR

OPO

SAL

S

20

Sec

tio

n

So

urc

e P

rob

lem

P

rop

osa

l L

GA

Co

mm

ent

Ad

min

istr

atio

n

Co

mm

ent

Dev

elop

men

t R

egul

atio

ns

2008

Sch

edul

e 3,

C

laus

e 1(

f)(ii)

Adv

ertis

ing

disp

lays

DP

TI

If th

e 6-

wee

k am

endm

ent t

o se

ctio

n 22

6(3)

(ca)

of t

he L

ocal

G

over

nmen

t Act

199

9 re

el

ectio

n si

gns

erec

tion

is

mad

e, th

en a

n in

cons

iste

ncy

will

be

crea

ted

with

this

pr

ovis

ion.

Am

end

the

prov

isio

n to

cha

nge

the

time

perio

d to

6 w

eeks

prio

r to

the

even

t.

LGA

sup

ports

this

ch

ange

D

o no

t sup

port

the

chan

ge.

How

ever

if it

is

mad

e, th

an th

e D

evel

opm

ent R

egs

shou

ld b

e co

nsis

tent

.

City

of

Ade

laid

e A

ct

1998

24(9

)

Ele

cted

M

embe

r A

llow

ance

s

OS

LGR

. C

urre

ntly

, the

City

of A

dela

ide

Act

use

s a

diffe

rent

met

hod

for

adju

stin

g th

e re

leva

nt e

lect

ed

mem

ber a

llow

ance

s th

an th

e on

e in

the

Loca

l Gov

ernm

ent

Act

– th

e co

rrect

prin

cipl

e is

th

at th

e C

ity o

f Ade

laid

e A

ct b

e co

nsis

tent

with

the

Loca

l G

over

nmen

t Act

.

Mak

e co

nsis

tent

with

s76

(9) o

f th

e Lo

cal G

over

nmen

t Act

199

9.

LGA

sup

ports

this

ch

ange

to b

ring

con s

iste

ncy

with

all

othe

r cou

ncils

Not

app

licab

le.

ATTACHMENT 76

Page 177: AGENDA - City of Mitcham · PDF fileAGENDA FOR A COUNCIL MEETING ... RECOMMENDED that the Minutes of the Council Meeting held on 25 June ... 3 Attended the Rotary Club of Mitcham Handover

OTH

ER

AC

TS –

SU

MM

AR

Y O

F LE

GIS

LATI

VE

PR

OPO

SAL

S

21

Sec

tio

n

So

urc

e P

rob

lem

P

rop

osa

l L

GA

Co

mm

ent

Ad

min

istr

atio

n

Co

mm

ent

Sou

th

Aus

tral

ian

Loca

l G

over

nmen

t G

rant

s C

omm

issi

on

Act

199

2 21

(1)

Rep

orts

LGG

C.

The

Loca

l Gov

ernm

ent G

rant

s C

omm

issi

on a

dvis

es th

at it

s au

dite

d fin

anci

al s

tate

men

ts

are

gene

rally

rece

ived

ear

ly in

D

ecem

ber o

f eac

h ye

ar –

not

in

tim

e fo

r the

cur

rent

due

da

te fo

r the

ann

ual r

epor

t of

30 S

epte

mbe

r.

Am

end

to c

hang

e th

e da

te th

at

the

annu

al re

port

mus

t be

subm

itted

by

to 3

1 Ja

nuar

y.

LGA

sup

ports

this

ch

ange

N

o po

sitio

n..

ATTACHMENT 77

Page 178: AGENDA - City of Mitcham · PDF fileAGENDA FOR A COUNCIL MEETING ... RECOMMENDED that the Minutes of the Council Meeting held on 25 June ... 3 Attended the Rotary Club of Mitcham Handover

OTH

ER

AC

TS –

SU

MM

AR

Y O

F LE

GIS

LATI

VE

PR

OPO

SAL

S

22

LG

A P

RO

PO

SA

LS

FO

R A

ME

ND

ME

NT

S T

O T

HE

LO

CA

L G

OV

ER

NM

EN

T A

CT

Sec

tio

n

Pro

ble

m

Pro

po

sal

LG

A C

om

men

t A

dm

inis

trat

ion

C

om

men

t

Sect

ion

83(4

)(b)

A

pro

blem

aro

se in

a C

ounc

il w

here

a n

umbe

r of C

ounc

illors

ha

d de

clar

ed a

con

flict

of

inte

rest

in a

mat

ter w

hich

was

th

e su

bjec

t of s

ever

al

cons

ecut

ive

mee

tings

. A

lthou

gh th

e C

ounc

illors

had

de

clar

ed a

con

flict

, the

CE

O

was

stil

l req

uire

d to

pro

vide

th

ese

Cou

ncillo

rs w

ith th

e re

ports

and

oth

er

docu

men

tatio

n re

latin

g to

the

mat

ter i

n w

hich

the

conf

lict

exis

ted.

Thi

s ca

used

inte

rnal

pr

oble

ms

in th

e C

ounc

il.

Am

end

the

sect

ion

to e

nabl

e a

CE

O to

refra

in fr

om p

rovi

ding

re

ports

and

oth

er re

leva

nt

mat

eria

ls to

Cou

ncillo

r who

hav

e de

clar

ed a

n in

tere

st in

the

mat

ter

at a

n ea

rlier

mee

ting.

O

verc

omes

a N

eeds

cl

arifi

catio

n. I

t sh

ould

be

clea

r th

at it

cou

ld o

nly

appl

y w

hen

a m

embe

r has

de

clar

ed a

n in

tere

st a

nd

w

ithdr

awn

from

th

e ch

ambe

r.

Eve

n th

en, n

ot a

ll of

thes

e oc

casi

ons

wou

ld

war

rant

the

with

hold

ing

of

docu

men

ts.

ATTACHMENT 78

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OTH

ER

AC

TS –

SU

MM

AR

Y O

F LE

GIS

LATI

VE

PR

OPO

SAL

S

23

Sec

tio

n

Pro

ble

m

Pro

po

sal

LG

A C

om

men

t A

dm

inis

trat

ion

C

om

men

t

LG A

ct, s

ched

ule

4, c

laus

e 1(

h)

Cou

ncils

are

requ

ired

to re

port

on th

e C

ounc

il’s re

pres

enta

tion

quot

a, th

e av

erag

e re

pres

enta

tion

quot

a of

C

ounc

ils o

f sim

ilar s

ize,

whe

n th

e C

ounc

il w

ill ne

xt c

ondu

ct a

re

pres

enta

tion

revi

ew a

nd h

ow

elec

tors

can

par

ticip

ate.

It is

ano

mal

ous

for C

ounc

ils to

ha

ve to

repo

rt su

ch

com

para

tive

data

re

pres

enta

tion

revi

ew

info

rmat

ion

is n

ow g

azet

ted

by

the

Min

iste

r. R

epor

ting

on

futu

re e

vent

s in

an

annu

al

repo

rt th

at is

for t

he p

revi

ous

year

is a

lso

inap

prop

riate

. In

ad

ditio

n th

e da

ta is

not

ac

cura

te a

s th

ese

quot

as

incl

ude

an e

lect

ed m

ayor

.

Rem

ove

this

cla

use,

1(h

) , a

nd

the

requ

irem

ent o

n C

ounc

ils to

pr

ovid

e in

form

atio

n on

quo

tas

and

antic

ipat

ed re

pres

enta

tion

revi

ews.

Sup

port.

ATTACHMENT 79

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PUBLIC AND ENVIRONMENTAL HEALTH ACT 1987

DELEGATIONS PURSUANT TO THE PUBLIC AND ENVIRONMENTAL HEALTH ACT 1987 In exercise of the powers contained in Section 44 of the Local Government Act 1999, the following powers and functions under the Public and Environmental Health Act 1987 are delegated this 18th day of December 2012 to the person occupying the office of the Chief Executive Officer of the Council, subject to the conditions and/or limitations specified herein. Such powers and functions may be further delegated by the Chief Executive Officer in accordance with Sections 44 and 101 of the Local Government Act 1999 as the Chief Executive Officer sees fit, unless otherwise indicated herein.

SECTION PUBLIC AND ENVIRONMENTAL HEALTH ACT 1987 - DELEGATED POWER

Section 7(1)

AUTHORISED OFFICERS

The power pursuant to Section 7(1) of the Public and Environmental Health Act 1987 (“the Act”) to appoint authorised officers being persons holding qualifications approved by the Commission or who held, immediately before the commencement of this Act, an appointment as an officer or health surveyor under the Health Act 1935.

Section 7(3)

The power pursuant to Section 7(3) of the Act with the consent of the Minister, to appoint a person as an authorised officer even though he or she does not comply with Section 7(2) of the Act.

Section 7(4)

The power pursuant to Section 7(4) of the Act to consent to the appointment of an officer or employee of the Council as an authorised officer by the South Australian Health Commission (“the Commission”).

Section 12A(3)

POWERS AND DUTIES OF RELEVANT AUTHORITIES

The power pursuant to Section 12A(3) of the Act to consult with the Public and Environmental Health Council (“the PEH Council”) where in the opinion of the PEH Council the Council has failed to discharge its duty under Section 12 of the Act.

Section 12A(6)(a) (ii)

The power pursuant to Section 12A(6)(a)(ii) to make written submissions in relation to a matter in respect of which the PEH Council proposes to take action under Section 12(5) of the Act.

Section 12A(6)(b)

The power pursuant to Section 12A(6)(b) to request in written submissions to the PEH Council that the PEH Council discuss a matter in which the PEH Council proposes to take action under Section 12(5) of the Act with a delegation of the Council.

Section 12A(7)

The power pursuant to Section 12A(7) of the Act to receive from the PEH Council written reasons for its decision after the PEH Council publishes a notice under Section 12(5) of the Act.

Section 15(1)

PREVENTION OF INSANITARY CONDITIONS ON PREMISES

The power pursuant to Section 15(1) of the Act, by notice in writing, to require the owner of any premises which are in an insanitary condition or any other person who is apparently responsible for causing the insanitary condition or allowing the insanitary condition to occur -

(a) to take specified action to improve the condition of the premises; or

(b) to desist from a specified activity to which the condition of the premises is apparently attributable.

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SECTION PUBLIC AND ENVIRONMENTAL HEALTH ACT 1987 - DELEGATED POWER

Section 15(2)

The power pursuant to Section 15(2) of the Act where any residential premises are, by reason of their insanitary condition, unfit for human habitation, to include in any notice served under Section 15(1) of the Act a direction that, after a date specified in the notice, the premises must not be occupied until:

(a) specified action to render the premises fit for human habitation has been taken, and

(b) the premises are fit for human habitation to the satisfaction of the Delegate.

Section 15(6)

The power pursuant to Section 15(6) of the Act, by further notice in writing, to vary or revoke a notice served under Section 15 of the Act.

Section 17(1)

CONTROL OF OFFENSIVE ACTIVITIES

The power pursuant to Section 17(1) of the Act to, by notice in writing, where an activity gives rise to a risk to health or results in the emission of offensive material or odours, to require the person responsible for the activity to desist from the activity or to observe requirements stipulated in the notice in relation to the carrying on of the activity.

Section 18(3)

DISCHARGE OF WASTES IN A PUBLIC PLACE

The power pursuant to Section 18(3) of the Act to serve written notice upon the owner of premises requiring specified action to be taken immediately or within a specified period to prevent the discharge or a potential discharge of waste from those premises into a public place or other premises or to remove waste discharged by the owner into a public place or other premises.

Section 18(5)

The power, pursuant to Section 18(5) of the Act by further notice in writing, to vary or revoke a notice given under Section 18 of the Act.

Section 19(2)

PRIVATE THOROUGHFARE

The power pursuant to Section 19(2) of the Act where the owner of a private thoroughfare fails to keep it clean and free from refuse, to serve written notice requiring the owner to take specified action to remedy the default within such time as the Delegate allows in the notice.

Section 19(4)

The power, pursuant to Section 19(4) of the Act, by further notice in writing to the owner of a private thoroughfare to vary or revoke a notice given under Section 19 of the Act.

Section 20(1)

SANITATION

The power pursuant to Section 20(1) of the Act where the Delegate is of the opinion that premises have inadequate facilities for sanitation or personal hygiene, by notice in writing to require the owner of the premises to take such action as the Delegate thinks necessary and as specified in the notice to provide adequate facilities within such time and within such manner as specified in the notice.

Section 20(3)

The power pursuant to Section 20(3) of the Act, to by further notice in writing vary or revoke a notice given under Section 20 of the Act.

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SECTION PUBLIC AND ENVIRONMENTAL HEALTH ACT 1987 - DELEGATED POWER

Section 21(2)

POLLUTION OF WATER

The power pursuant to Section 21(2) of the Act, if the Delegate is of the opinion that a water supply may become polluted in consequence of a particular activity, by notice in writing to the person responsible for the activity, require that person –

(a) to take specified action to prevent pollution the water supply within such time as the Delegate specifies in the notice; or

(b) to desist from the activity.

Section 21(4)

The power pursuant to Section 21(4) of the Act, to by further notice in writing vary or revoke a notice given under Section 21 of the Act.

Section 22(1)

The power pursuant to Section 22(1) of the Act, if the Delegate is of the opinion that a water supply is polluted and that action is necessary to prevent human consumption of the water, to publish notice in the Gazette restricting or prohibiting the taking of water from that water supply, or the use of water taken from that water supply, for human consumption.

Section 22(3)

The power pursuant to Section 22(3) of the Act, to by further notice in the Gazette, vary or revoke a notice given under Section 22 of the Act.

Section 23 (1) (2) and (4)

ACTION ON DEFAULT

The power:

(a) pursuant to Section 23(1) of the Act, where the requirements of a notice under Part 3 of the Act are not complied with, to cause the requirements to be carried out;

(b) pursuant to Section 23(2) of the Act, to authorise a person to enter premises at any reasonable time for the purposes of carrying out the requirements of a notice, provided that such person is not authorised to break into the premises unless authorised to do so by warrant of a justice.

(c) pursuant to Section 23(4) of the Act to recover the costs and expenses reasonably incurred in exercising the powers under Section 23(1) of the Act from the person who failed to comply with the notice as a debt.

Section 39

COUNCILS MAY APPOINT OFFICERS OF HEALTH

The power pursuant to Section 39 of the Act to appoint a person to act as the officer of health for the Council’s area.

Section 41(1)

POWER TO REQUIRE INFORMATION

The power pursuant to Section 41(1) of the Act to require a person to furnish such information relating to public or environmental health as is reasonably necessary for the purposes of this Act.

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SECTION PUBLIC AND ENVIRONMENTAL HEALTH ACT 1987 - DELEGATED POWER

Section 43

MANNER OF GIVING NOTICE

The power pursuant to Section 43 of the Act to give or serve a notice required or authorised by the Act –

(a) personally; or

(b) by post; or

(c) if the notice relates to premises and is to be served on an owner of those premises - by affixing the notice to a conspicuous part of the premises.

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PUBLIC AND ENVIRONMENTAL HEALTH (WASTE CONTROL) REGULATIONS 2010

DELEGATIONS PURSUANT TO THE PUBLIC AND ENVIRONMENTAL HEALTH (WASTE CONTROL) REGULATIONS 2010

In exercise of the powers contained in Section 44 of the Local Government Act 1999, the following powers and functions under the Public and Environmental Health (Waste Control) Regulations 1995 are delegated this 28TH day of August 2012 to the person occupying the office of the Chief Executive Officer of the Council, subject to the conditions and/or limitations specified herein. Such powers and functions may be further delegated by the Chief Executive Officer in accordance with Sections 44 and 101 of the Local Government Act 1999 as the Chief Executive Officer sees fit, unless otherwise indicated herein.

REGULATION PUBLIC AND ENVIRONMENTAL HEALTH (WASTE CONTROL) REGULATIONS -

DELEGATED POWER

Reg 7 The power pursuant to Regulation 7 of the Public and Environmental Health (Waste Control) Regulations 2010 to approve the installation or alteration of a waste control system.

Reg 8 The power pursuant to Regulation 8 of the Regulations to approve of the disposal or reuse of waste from a waste control system.

Reg 11 The power pursuant to Regulation 11 of the Regulations to approve the use of a waste control system.

Reg 12(3) The power pursuant to Regulation 12(3) of the Regulations to require an applicant for approval under these Regulations to provide information or documents relevant to the application.

Reg 12(4) The power pursuant to Regulation 12(4) of the Regulations to require an applicant for approval to provide a certificate or certificates from an independent technical expert that the waste control system, or a component, part or product for a waste control system complies with a prescribed code, is capable of performing its proposed functions, is reliable and durable and will not cause a nuisance or an adverse public or environmental health condition.

Reg 14(1) The power pursuant to Regulation 14(1) of the Regulations to:-

(a) determine that an applicant seeking approval under Part 2 of the Regulations must comply with any prescribed code that applies to the circumstances of the particular case, and:

to impose any other conditions.

Reg 14(4) The power pursuant to Regulation 14(4) of the Regulations to, by notice in writing to a person bound by a condition, vary a condition imposed under Regulation 13 where the Delegate considers it appropriate to do so.

Reg 14(5) The power pursuant to Regulation 14(5) of the Regulations to vary or refuse to vary a condition upon receipt of a written application from a person bound by the condition.

Reg 15 The power pursuant to Regulation 15 of the Regulations in giving approval under Part 2 of the Regulations, to specify a period for which the approval will remain operative and to extend that period.

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REGULATION PUBLIC AND ENVIRONMENTAL HEALTH (WASTE CONTROL) REGULATIONS -

DELEGATED POWER

Reg 18 The power pursuant to Regulation 18 of the Regulations, as part of an approval under these Regulations relating to the installation of a waste control system, to require a person to notify the Council of the completion of specified work.

Reg 19(1) The power pursuant to Regulation 19(1) of the Regulations, by notice in writing, to require the owner or occupier of premises where a waste control system is located to take specified action either immediately or within a period specified in the notice -

(a) to alter, repair or replace a fixture, fitting, appliance, plant, drain, or other item associated with the waste control system;

(b) to remove sludge or other material from a waste control system;

(c) to service, maintain or cleanse a waste control system (or a fixture, fitting, appliance, plant, drain or other item associated with a waste control system);

(d) if a waste control system is defective, inadequate or inappropriate - to replace the waste control system, or a fixture, fitting, appliance, plant, drain or other item associated with the waste control system.

Reg 19(2) and (3)

The power pursuant to Regulation 19(2) and (3) of the Regulations where the requirements of a notice under this Regulation 19 are not complied with, to cause the requirements to be carried out and to recover the costs and expenses reasonably incurred from the person who failed to comply with the notice.

Reg 22(2) The power pursuant to Regulation 22(2) of the Regulations to refund, reduce or remit a fee specified in Schedule 2.

Reg 23(1) The power pursuant to Regulation 23(1) of the Regulations to approve the use of a waste control system in a manner that contravenes, or fails to comply with, a prescribed code.

Reg24(1) The power pursuant to Regulation 24(1) of the Regulations by notice in writing, to require the owner or occupier of premises where a waste control system is located -

(a) to take specified action either immediately or within a period specified in the notice, to connect the system to a STED scheme or sewer;

(b) to disconnect, or to cease to use, a system.

Reg 24(2) The power pursuant to Regulation 24(2) of the Regulations to determine that a person subject to a requirement under Regulation 24(1)(a) of the Regulations is not required to:

- make due application for any alteration to the waste control system that is necessary to make the relevant connection; and

- pay the prescribed fee.

Reg 24(3) and (4)

The power pursuant to Regulation 24(3) and (4) of the Regulation where the requirements of a notice under Regulation 24 are not complied with, to cause the requirements to be carried out and to recover the costs and expenses reasonably incurred from a person who failed to comply with the notice.

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SOUTH AUSTRALIAN PUBLIC HEALTH ACT 2011

DELEGATIONS PURSUANT TO THE SOUTH AUSTRALIAN PUBLIC HEALTH

ACT 2011 In exercise of the powers contained in Section 44 of the Local Government Act 1999, the following powers and functions under the South Australian Public Health Act 2011 are delegated this 23rd day of July 2013 to the person occupying the office of the Chief Executive Officer of the Council, subject to the conditions and/or limitations specified herein. Such powers and functions may be further delegated by the Chief Executive Officer in accordance with Sections 44 and 101 of the Local Government Act 1999 as the Chief Executive Officer sees fit, unless otherwise indicated herein.

SECTION SOUTH AUSTRALIAN PUBLIC HEALTH ACT 2011

Section 18(2)

POWER TO REQUIRE REPORTS

The power pursuant to Section 18(2) of the South Australian Public Health Act 2011 (the Act) to, if required by the Minister, provide a report on any matter relevant to the administration or operation of the Act.

Section 18(3)

The power pursuant to Section 18(3) of the Act to, if required by the Minister, in a case involving the Council provide a combined report with 1 or more other councils.

Section 18(5)

The power pursuant to Section 18(5) of the Act to provide the report in accordance with the requirements of the Minister.

Section 22(2)

RISK OF AVOIDABLE MORTALITY OR MORBIDITY

The power pursuant to Section 22(2) of the Act, if the Council receives a request under Section 22(1) of the Act, to consider the request and then respond in accordance with Section 22(3) of the Act to the Chief Public Health Officer within a reasonable time.

Section 22(3)

The power pursuant to Section 22(3) of the Act to include in a response under Section 22(2) of the Act details about:

� any steps already being taken by the Council that may be relevant in the circumstances; and

� any plans that the Council may have that may be relevant in the circumstances; and

� any steps that the Council is willing to take in the circumstances; and

� any other matter relating to the Council that appears to be relevant.

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SECTION SOUTH AUSTRALIAN PUBLIC HEALTH ACT 2011

Section 39(1)

COOPERATION BETWEEN COUNCILS

The power pursuant to Section 39(1) of the Act to, in performing the Council’s functions or exercising the Council’s powers under the Act, act in conjunction or partnership with, or cooperate or coordinate the Council’s activities with, 1 or more other councils.

Section 39(2)

The power pursuant to Section 39(2) of the Act to, if requested by the Chief Public Health Officer, cooperate with 1 or more other councils.

Section 39(3)

The power pursuant to Section 39(3) of the Act to, if the Council receives a request under Section 39(2) of the Act, within 28 days after receiving the request or such longer period as the Chief Public Health Officer may specify, furnish the Chief Public Health Officer with a written report on the action that the Council intends to take in response to the request.

Section 40(2)

POWER OF CHIEF PUBLIC HEALTH OFFICER TO ACT

The power pursuant to Section 40(2) of the Act to consult with the Chief Public Health Officer.

Section 41(1)

COUNCIL FAILING TO PERFORM A FUNCTION UNDER THE ACT

The power pursuant to Section 41(1) of the Act to consult with the Minister in relation to the Minister’s opinion that the Council has failed, in whole or in part, to perform a function conferred on the Council under the Act.

Section 41(6)

The power pursuant to Section 41(6) of the Act to:

� make written submissions to the Minister in relation to the matter within a period specified by the Minister; and

� request in the written submissions to the Minister that the Minister discuss the matter with a delegation representing the Council; and

� appoint a delegation representing the Council to discuss the matter with the Minister.

Section 42(1)

TRANSFER OF FUNCTION OF COUNCIL AT REQUEST OF COUNCIL

The power pursuant to Section 42(1) of the Act to request, in accordance with Section 42(2), of the Act that a function of the Council under the Act be performed by the Chief Public Health Officer.

Section 42(10)

The power pursuant to Section 42(10) of the Act to enter into an agreement with the Minister for the Minister to recover costs and expenses associated with the Chief Public Health Officer acting under Section 42 of the Act.

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SECTION SOUTH AUSTRALIAN PUBLIC HEALTH ACT 2011

Section 42(11)

The power pursuant to Section 42(11) of the Act to:

� request that the Minister vary or revoke a notice under Section 42 of the Act;

� consult with the Minister in relation to the Minister varying or revoking a notice under Section 42(4) of the Act.

Section 44(1)

LOCAL AUTHORISED OFFICERS

The power pursuant to Section 44(1) of the Act, subject to Section 45 of the Act, to, by instrument in writing, appoint a suitably qualified person to be a local authorised officer.

Section 44(2)

The power pursuant to Section 44(2) of the Act to make an appointment under Section 44 subject to such conditions or limitations as the Delegate thinks fit.

Section 44(4)

The power pursuant to Section 44(4) of the Act to direct a local authorised officer.

Section 44(6)

The power pursuant to Section 44(6) of the Act to vary or revoke an appointment at any time.

Section 44(7)

The power pursuant to Section 44(7) of the Act to notify the Chief Public Health Officer in accordance with Section 44(8) of the Act, if the Council or the Delegate:

a) makes an appointment under Section 44 of the Act; or

b) revokes an appointment under Section 44 of the Act

Section 44(9)

The power pursuant to Section 44(9) of the Act to determine the number of local authorised officers who should be appointed for the Council’s area and in determining the number of local authorised officers who should be appointed for the Council’s area, take into account any policy developed by the Chief Public Health Officer for the purposes of Section 44 of the Act.

Section 46(1)

IDENTITY CARDS

The power pursuant to Section 46(1) of the Act to issue in accordance with Section 46(2) of the Act to an authorised officer appointed under the Act an identity card in a form approved by the Chief Public Health Officer:

a) containing the person’s name and a photograph of the person; and

b) stating that the person is an authorised officer for the purposes of the Act; and

c) setting out the name or office of the issuing authority

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SECTION SOUTH AUSTRALIAN PUBLIC HEALTH ACT 2011

Section 49(1)

SPECIFIC POWER TO REQUIRE INFORMATION

The power pursuant to Section 49(1) of the Act to require a person to furnish such information relating to public health as may be reasonably required for the purposes of the Act.

Section 51(1)

REGIONAL PUBLIC HEALTH PLANS

The power pursuant to Section 51(1) of the Act to in accordance with Sections 51(2), (5), (6), (8), (9), (11), (12), (13) and (15) of the Act prepare and maintain a plan or, if the Minister so determines or approves, with a group of councils, prepare and maintain a plan, for the purposes of the operations of the Council or Councils under the Act (a regional public health plan).

Section 51(10)

The power pursuant to Section 51(10) of the Act, to, subject to Section 51(11), amend a regional public health plan at any time.

Section 51(11)

The power pursuant to Section 51(11) of the Act to, in relation to any proposal to create or amend a regional public health plan:

− prepare a draft of the proposal; and

− when the draft plan is completed, subject to Section 51(12) of the Act:

give a copy of it to:

a) the Minister; and

b) any incorporated hospital established under the Health Care Act 2008 that operates a facility within the region; and

c) any relevant public health partner authority under Section 51(23); and

d) any other body or group prescribed by the regulations; and

take steps to consult with the public.

Section 51(12)

The power pursuant to Section 51(12) of the Act to, if required by the Minister, consult with the Minister, or any other person or body specified by the Minister, before the Council or the Delegate releases a draft plan under Section 51(11).

Section 51(13)

The power pursuant to Section 51(13) of the Act to, before bringing a regional public health plan into operation, submit the plan to the Chief Public Health Officer for consultation.

Section 51(15)

The power pursuant to Section 51(15) of the Act to take into account any comments made by the Chief Public Health Officer, SAPHC, and any other body within the ambit of a determination under Section 51(14) of the Act, at the conclusion of the consultation processes envisaged by Sections 51(13) and (14).

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SECTION SOUTH AUSTRALIAN PUBLIC HEALTH ACT 2011

Section 51(16)

The power pursuant to Section 51(16) of the Act to then adopt a plan or amend a plan with or without alteration.

Section 51(17)

The power pursuant to Section 51(17) of the Act to undertake the processes set out in Section 51 of the Act in conjunction with the preparation and adoption of its strategic management plans under Section 122 of the Local Government Act 1999 (and the power if the delegate thinks fit, incorporate a regional public health plan into the Council’s strategic management plans under that Act).

Section 51(18)

The power pursuant to Section 51(18) of the Act to provide in a regional public health plan, by agreement with the public health partner authority, for a public health partner authority to take responsibility for undertaking any strategy, or for attaining any priority or goal, under the plan.

Section 51(19)

The power pursuant to Section 51(19) of the Act to review a regional public health plan at least once in every 5 years.

Section 51(20)

The power pursuant to Section 51(20) of the Act to, in preparing and reviewing the Council’s regional public health plan insofar as is reasonably practicable, give due consideration to the plans of other councils insofar as this may be relevant to issues or activities under the Council’s plan.

Section 51(21)

The power pursuant to Section 51(21) of the Act to, when performing functions or exercising powers under the Act or any other Act, insofar as may be relevant and reasonable, have regard to the State Public Health Plan, any regional public health plan that applies within the relevant area and any other requirement of the Minister, and in particular to give consideration to the question whether the Council or the Delegate should implement changes to the manner in which, or the means by which, the Council or the Delegate performs a function or exercises a power or undertakes any other activity that has been identified in the State Public Health Plan as requiring change.

Section 52(1)

REPORTING ON REGIONAL PUBLIC HEALTH PLANS

The power pursuant to Section 52(1) of the Act to, in relation to a regional health plan for which the Council is responsible, on a 2 yearly basis, prepare a report that contains a comprehensive assessment of the extent to which, during the reporting period, the Council has succeeded in implementing its regional public health plan to the Chief Public Health Officer in accordance with Sections 52(2), (3) and (4) of the Act.

Section 66(6)

ACTION TO PREVENT SPREAD OF INFECTION

The power pursuant to Section 66(6) of the Act to recover as a debt costs and expenses reasonably incurred in exercising powers under Section 66(5) of the Act from the person who failed to take the required action.

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SECTION SOUTH AUSTRALIAN PUBLIC HEALTH ACT 2011

Section 66(9)

The power pursuant to Section 66(9) of the Act to, if the Chief Public Health Officer informs the Council of the occurrence of a disease constituting a notifiable condition, take such action as is reasonably open to the Delegate to assist in preventing the spread of the disease.

Section 92(1)

NOTICES

The power pursuant to Section 92(1) of the Act and subject to Sections 92(2), (3), (4), (5) and (12) of the Act to issue a notice for the purpose of:

a) securing compliance with a requirement imposed by or under the Act (including the duty under Part 6 or a requirement imposed under a regulation or a code of practice under the Act); or

b) averting, eliminating or minimising a risk, or a perceived risk, to public health.

Section 92(2)

The power pursuant to Section 92(2) of the Act and subject to Section 92(12) of the Act, to, before issuing a notice to secure compliance with the general duty under Part 6 of the Act:

have regard to:

� the number of people affected, or potentially affected, by the breach of the duty;

� the degree of harm, or potential degree of harm, to public health on account of the breach of the duty;

� any steps that a person in breach of the duty has taken, or proposed to take, to avoid or address the impact of the breach of the duty,

and such other matters as the Delegate thinks fit; and

subject to Section 92 of the Act, give the person to whom it is proposed that the notice be given a preliminary notice in writing:

� stating the proposed action, including the terms of the proposed notice and the period within which compliance with the notice will be required; and

� stating the reasons for the proposed action; and

� inviting the person show, within a specified time (of a reasonable period), why the proposed action should not be taken (by making representations to the Delegate or a person nominated to act on behalf of the Council).

Section 92(2)(b)(iii)

The power pursuant to Section 92(2)(b)(iii) of the Act to nominate a person to act on behalf of the Council.

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SECTION SOUTH AUSTRALIAN PUBLIC HEALTH ACT 2011

Section 92(3)

The power pursuant to Section 92(3) of the Act to, in a case where Section 92(2)(b) of the Act applies, after considering representations made within the time specified under Section 92(2)(b) of the Act:

� issue a notice in accordance with the terms of the original proposal; or

� issue a notice with modifications from the terms of the original proposal; or

� determine not to proceed further under Section 92.

Section 92(4)

The power pursuant to Section 92(4) of the Act to:

� not give notice under Section 92(2)(b) of the Act if the Delegate considers that urgent or immediate action is required in the circumstances of the particular case; and

� not give further notice before issuing a notice with modifications under Section 92(3)(b) of the Act.

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SECTION SOUTH AUSTRALIAN PUBLIC HEALTH ACT 2011

Section 92(5)

The power pursuant to Section 92(5) of the Act issue a notice under Section 92 of the Act:

� in the form of a written notice served on the person to whom it is issued; and

� specifying the person to whom it is issued (whether by name or by a description sufficient to identify the person); and

� directing 2 or more persons to do something specified in the notice jointly; and

� without limiting any other provision, in the case of a notice that relates to the condition of any premises, to any person who:

− is the owner or occupier of the premises; or

− has the management or control of the premises; or

− is the trustee of a person referred to in Section 92(5)(i) or (ii) of the Act or is managing the affairs of such a person on some other basis; and

� stating the purpose for which the notice is issued and giving notice of the requirement or the risk to which it relates; and

� imposing any requirement reasonably required for the purpose for which the notice is issued including 1 or more of the following:

− a requirement that the person discontinue, or not commence, a specified activity indefinitely or for a specified period or until further notice from a relevant authority;

− a requirement that the person not carry on a specified activity except at specified times or subject to specified conditions;

− a requirement that the person take specified action in a specified way, and within a specified period or at specified times or in specified circumstances;

− a requirement that the person take action to prevent, eliminate, minimise or control any specified risk to public health, or to control any specified activity;

− a requirement that the person comply with any specified code or standard prepared or published by a body or authority referred to in the notice;

− a requirement that the person undertake specified tests or monitoring;

− a requirement that the person furnish to a relevant authority specified results or reports;

− a requirement that the person prepare, in accordance with specified requirements and to the satisfaction of the relevant authority, a plan of action to secure compliance with a relevant requirement or to prevent, eliminate, minimise or control any specified risk to public health;

− a requirement prescribed under or for the purposes of the regulations; and

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SECTION SOUTH AUSTRALIAN PUBLIC HEALTH ACT 2011

Section 92(9)

The power pursuant to Section 92(9) of the Act by written notice served on a person to whom a notice under Section 92 of the Act has been issued by the Delegate or the Council, vary or revoke the notice.

Section 92(15)

The power pursuant to Section 92(15) of the Act to, not comply with any other procedure, or hear from any other person, except as provided by Section 92 of the Act before the Delegate issues a notice under Section 92 of the Act.

Section 93(1)

ACTION ON NON-COMPLIANCE WITH NOTICE

The power pursuant to Section 93(1) of the Act if the requirements of a notice under Part 12 of the Act are not complied with, to take any action required by the notice.

Section 93(2)

The power pursuant to Section 93(2) of the Act to authorise a person for the purpose of taking action on the Council’s behalf under Section 93(1) of the Act.

Section 93(4)

The power pursuant to Section 93(4) of the Act to recover the reasonable costs and expenses incurred by the Council in taking action under Section 93 of the Act as a debt from the person who failed to comply with the requirements of the notice.

Section 93(5)

The power pursuant to Section 93(5) of the Act, if an amount is recoverable from a person by the Council under Section 93, to, by notice in writing to the person, fix a period, being not less than 28 days from the date of the notice, within which the amount must be paid by the person.

Section 94(5)

ACTION IN EMERGENCY SITUATIONS

The power pursuant to Section 94(5) of the Act to recover the reasonable costs and expenses incurred by a local authorised officer in taking action under Section 94 from any person who caused the risk to which the action relates, as a debt.

Section 95(13)

REVIEWS – NOTICES RELATING TO GENERAL DUTY

The power pursuant to Section 95(13) of the Act to appear in proceedings before the Review Panel as a representative of the Council.

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SECTION SOUTH AUSTRALIAN PUBLIC HEALTH ACT 2011

Section 95(15)

The power pursuant to Section 95(15) of the Act to make an application to the Review Panel to:

dismiss or determine any proceedings that appear:

- to be frivolous or vexatious; or

- to have been instituted for the purpose of delay or obstruction, or for some other improper purpose;

bring any proceedings to an end that appear:

- to be more appropriate suited to proceedings before the District Court rather than the Review Panel; or

- to be unable to be satisfactorily resolved (or resolved within a reasonable period) by proceedings before the Review Panel; or

bring any proceedings to an end for any other reasonable cause.

Section 96(3)

APPEALS

The power pursuant to Section 96(3) of the Act and subject to Section 96(4) of the Act, appeal to the District Court against the outcome of review proceedings under Division 3, Part 12 of the Act.

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SOUTH AUSTRALIAN PUBLIC HEALTH (LEGIONELLA) REGULATIONS 2013

DELEGATIONS PURSUANT TO THE SOUTH AUSTRALIAN PUBLIC HEALTH

(LEGIONELLA) REGULATIONS 2013 In exercise of the powers contained in Section 44 of the Local Government Act 1999, the following powers and functions under the South Australian Public Health (Legionella) Regulations 2013 are delegated this 23rd day of July 2013 to the person occupying the office of the Chief Executive Officer of the Council, subject to the conditions and/or limitations specified herein. Such powers and functions may be further delegated by the Chief Executive Officer in accordance with Sections 44 and 101 of the Local Government Act 1999 as the Chief Executive Officer sees fit, unless otherwise indicated herein.

REGULATION SOUTH AUSTRALIAN PUBLIC HEALTH (LEGIONELLA) REGULATIONS 2013

Regulation 5(3)

DUTY TO REGISTER HIGH RISK MANUFACTURED WATER SYSTEM

The power pursuant to Regulation 5(3) of the South Australian Public Health (Legionella) Regulations 2013 (the Legionella Regulations) to, on application made in a manner and form approved by the Council or Delegate and payment of the registration fee specified in Schedule 1 to the Council, register the high risk manufactured water system to which the application relates.

Regulation 5(6)

The power pursuant to Regulation 5(6) of the Legionella Regulations, to, on application made in a manner and form approved by the Council or Delegate and payment of the renewal fee specified in Schedule 1 to the Council, renew the registration of the high risk manufactured water system to which the application relates.

Regulation 6(2)

REGISTER OF HIGH RISK MANUFACTURED WATER SYSTEMS

The power pursuant to Regulation 6(2) of the Legionella Regulations and subject to Regulation 6(3) of the Legionella Regulations to determine the manner and form of a register of high risk manufactured water systems registered by the Council.

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REGULATION SOUTH AUSTRALIAN PUBLIC HEALTH (LEGIONELLA) REGULATIONS 2013

Regulation 6(3)

The power pursuant to Regulation 6(3) of the Legionella Regulations to include in relation to each high risk manufactured water system on the register:

� the type of water system; and

� the address of the premises on which the water system is installed; and

� the location of the water system on the premises; and

� the full name and residential and business addresses of the owner of the premises; and

� the full name, residential and business addresses, and residential and business telephone numbers, of the person nominated by the owner of the premises as being responsible for the operation and maintenance of the water system,

and such other information as the Delegate thinks fit.

Regulation 15(2)

ANNUAL INSPECTION AND MICROBIOLOGICAL TESTING

The power pursuant to Regulation 15(2) of the Legionella Regulations to, at least once in every 12 months, give the owner of each of the premises on which a high risk manufactured water system registered with the Council is installed, written notice:

� requiring the owner, within the period specified in the notice:

o to cause an inspection of the water system to be carried out by a competent person (not being the owner or person responsible for the operation and maintenance of the system); and

o to arrange for a NATA accredited laboratory to conduct microbiological testing, in accordance with AS/NZS 3896:

− of at least 1 sample of water taken from a cooling water system; and

− of at least 2 samples of water taken from a warm water system,

to determine the presence and number of colony forming units of Legionella in the water; and

� requiring the owner to submit to the Council written reports setting out the findings of the inspection and the results of the microbiological testing within 1 month of receiving the reports.

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REGULATION SOUTH AUSTRALIAN PUBLIC HEALTH (LEGIONELLA) REGULATIONS 2013

Regulation 16(1)

POWER OF COUNCIL TO REQUIRE MICROBIOLOGICAL TESTING IN OTHER CIRCUMSTANCES

The power pursuant to Regulation 16(1) of the Legionella Regulations, if:

� the Council is investigating the occurrence of Legionellosis in the near vicinity of premises on which a high risk manufactured water system is installed; or

� the Council or Delegate has reason to believe that a high risk manufactured water system installed on premises situated in its area is not being maintained as required by these regulations,

to give the owner of the premises written notice:

� requiring the owner (either immediately or within a period specified in the notice) to arrange for a NATA accredited laboratory to conduct microbiological testing, in accordance with AS/NZS 3896, of water taken from the system, to determine the presence and number of colony forming units of Legionella in the water; and

� requiring the owner to submit to the Council a written report setting out the results of the microbiological testing within 24 hours of receiving the report.

Regulation 21(3)

FEES

The power pursuant to Regulation 21(3) of the Legionella Regulations, if a person is liable to pay a fee to the Council, to give the person written notice requiring the person to pay the fee within the period specified in the notice.

Regulation 21(4)

The power pursuant to Regulation 21(4) of the Legionella Regulations, to reduce or remit a fee payable to the Council under the Legionella Regulations if satisfied that it is appropriate to do so in a particular case.

Regulation 21(5)

The power pursuant to Regulation 21(5) of the Legionella Regulations, to recover a fee payable to the Council under the Legionella Regulations by action in a court of competent jurisdiction as a debt due to the Council.

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SOUTH AUSTRALIAN PUBLIC HEALTH (WASTEWATER) REGULATIONS 2013

DELEGATIONS PURSUANT TO THE SOUTH AUSTRALIAN PUBLIC HEALTH

(WASTEWATER) REGULATIONS 2013 In exercise of the powers contained in Section 44 of the Local Government Act 1999, the following powers and functions under the South Australian Public Health (Wastewater) Regulations 2013 are delegated this 23rd day of July 2013 to the person occupying the office of the Chief Executive Officer of the Council, subject to the conditions and/or limitations specified herein. Such powers and functions may be further delegated by the Chief Executive Officer in accordance with Sections 44 and 101 of the Local Government Act 1999 as the Chief Executive Officer sees fit, unless otherwise indicated herein.

REGULATION SOUTH AUSTRALIAN PUBLIC HEALTH (WASTEWATER) REGULATIONS 2013

Regulation 6(1)(b)

RELEVANT AUTHORITY

The power pursuant to Regulation 6(1)(b) of the South Australian Public Health (Wastewater) Regulations 2013 (the Wastewater Regulations) to, agree to act as the relevant authority for a matter relating to an on-site wastewater system with a capacity that does not, or will not, on completion of wastewater works, exceed 40 EP and that is located or to be located in another council area if the system is to be operated by another council or wastewater works related to the system are to be undertaken by another council, or by a person acting in partnership, or in conjunction with that other council.

Regulation 8(1)

PUBLIC NOTIFICATION OF PROPOSED COMMUNITY WASTEWATER MANAGEMENT SYSTEM

The power pursuant to Regulation 8(1) of the Wastewater Regulations to, if the Council proposes to establish a community wastewater management system for the whole or part of its area in the interests of public and environmental health, to give notice to the owners of land in the area affected by the proposal containing the prescribed details relating to the proposal and inviting submissions in relation to the proposal within a period (which must be at least 21 days) specified in the notice.

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REGULATION SOUTH AUSTRALIAN PUBLIC HEALTH (WASTEWATER) REGULATIONS 2013

Regulation 9(1)

CONNECTION TO COMMUNITY WASTEWATER MANAGEMENT SYSTEM

The power pursuant to Regulation 9(1) of the Wastewater Regulations and subject to Regulation 9(2) of the Wastewater Regulations on obtaining a wastewater works approval for a community wastewater management system, to, by written notice, require the operator of an on-site wastewater system:

� to connect the system to the community wastewater management system; and

� for that purpose, to complete and submit an application to the Council, within the period specified in the notice, for a wastewater works approval for:

− the connection; and

− if necessary, consequential alterations to the on-site wastewater system.

Regulation 9(4)

The power pursuant to Regulation 9(4) of the Wastewater Regulations, if the operator of an on-site wastewater system does not submit an application within the period specified in a notice under Regulation 9(1) of the Wastewater Regulations, to grant a wastewater works approval for the required wastewater works as if the application had been made.

Regulation 9(6)

The power pursuant to Regulation 9(6) of the Wastewater Regulations, if wastewater works are not carried out in accordance with a wastewater works approval for the connection of an on-site wastewater system to a community wastewater management system required under Regulation 9 of the Wastewater Regulations, to cause the requirements to be carried out (and a person authorised to do so by the Council may enter land at any reasonable time for the purposes of carrying out the relevant work).

Regulation 9(6)

The power pursuant to Regulation 9(6) of the Wastewater Regulations to if wastewater works are not carried out in accordance with a wastewater approval for the connection of an on-site wastewater system to a community wastewater management system required under Regulation 9 of the Wastewater Regulations, authorise a person to enter land at any reasonable time for the purpose of carrying out the relevant work.

Regulation 9(7)

The power pursuant to Regulation 9(7) of the Wastewater Regulations to recover as a debt the costs and expenses reasonably incurred in exercising a power under Regulation 9(6) of the Wastewater Regulations and the fee that would have been payable had the application been made as required under Regulation 9(1) of the Wastewater Regulations from the person who failed to comply with the notice.

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REGULATION SOUTH AUSTRALIAN PUBLIC HEALTH (WASTEWATER) REGULATIONS 2013

Regulation 10(3)

EXEMPTIONS

The power pursuant to Regulation 10(3) of the Wastewater Regulations to give an exemption by written notice and subject to conditions determined by the Delegate and stated in the notice.

Regulation 10(4)

The power pursuant to Regulation 10(4) of the Wastewater Regulations to vary or revoke an exemption by further written notice to the holder of the exemption.

Regulation 15(3)

EXEMPTIONS FROM PRESCRIBED BODIES

The power pursuant to Regulation 15(3) of the Wastewater Regulations to give an exemption by written notice and is subject to conditions determined by the Delegate and stated in the notice.

Regulation 15(5)

The power pursuant to Regulation 15(5) of the Wastewater Regulations to vary or revoke an exemption by further written notice to the holder of the exemption.

Regulation 23(2)

APPLICATION

The power pursuant to Regulation 23(2) of the Wastewater Regulations to, by written notice, ask the applicant to provide the Council with further technical specifications, information or documents relevant to the application or to modify the technical specifications submitted for approval.

Regulation 24(1)

DETERMINATION OF APPLICATION

The power pursuant to Regulation 24(1) of the Wastewater Regulations to refuse to grant a wastewater works approval:

� if the applicant fails to satisfy the Delegate of either or both of the following:

− that the technical specifications for the wastewater works comply with the prescribed codes;

− that the wastewater works will not, if undertaken in accordance with the conditions of approval, adversely affect or threaten public or environmental health; or

� for any other sufficient reason.

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REGULATION SOUTH AUSTRALIAN PUBLIC HEALTH (WASTEWATER) REGULATIONS 2013

Regulation 24(2)

The power pursuant to Regulation 24(2) of the Wastewater Regulations, if an application for a wastewater works approval relates to the connection of a community wastewater management system to SA Water sewerage infrastructure or a significant increase in the amount of wastewater to be discharged from a community wastewater management system to SA Water sewerage infrastructure, to give SA Water a reasonable opportunity to comment on the application and take into account any comments so made.

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REGULATION SOUTH AUSTRALIAN PUBLIC HEALTH (WASTEWATER) REGULATIONS 2013

Regulation 25(2)

CONDITIONS OF APPROVAL

The power pursuant to Regulation 25(2) of the Wastewater Regulations to impose:

� any 1 or more of the following prescribed expiable conditions:

− a condition that sets out mandatory notification stages during the progress of wastewater works when a person is required to notify the Council in a specified manner and stop the work pending an inspection carried out at the person’s expense;

− a condition that requires the display of specified notices on the premises on which the wastewater system is located;

− a condition that requires a person to monitor the performance of the wastewater system in a specified manner (including by inspections carried out at specified times at the person’s expense) and to provide the Council with specified information in a specified manner and at specified times;

− a condition that provides that specified material must not, or that only specified material may, be discharged into, or from, the wastewater system;

− a condition that requires the wastewater system to be operated, maintained or serviced by a person of a specified class;

− a condition that requires records of a specified kind to be created, maintained, and provided to the Council; or

� any other conditions including any 1 or more of the following:

− a condition that requires decommissioning of the wastewater system:

a) after a specified trial period; or

b) in specified circumstances; or

c) on written notice to the operator of the system;

− a condition that requires a wastewater system to be connected to a community wastewater management system;

− a condition that prevents activities that would adversely affect the operation or maintenance of a drain or treatment or disposal system or the reuse of wastewater from the wastewater system;

− a condition that requires a wastewater system to have various access points for maintenance or inspection (raised to or terminating at surface level, or as required by the Council);

− a condition that provides that a wastewater system must not be used unless or until it has been inspected or tested by an independent wastewater engineer and the Council supplied with a certificate given by that expert certifying that the wastewater works have been undertaken in accordance with the approved technical specifications;

− a condition that otherwise specifies requirements relating to:

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REGULATION SOUTH AUSTRALIAN PUBLIC HEALTH (WASTEWATER) REGULATIONS 2013

Regulation 25(3)

The power pursuant to Regulation 25(3) of the Wastewater Regulations to impose a condition of approval that:

provides that a matter or thing is to be determined according to the discretion of the Council or some other specified person or body; and

operates by reference to the manuals referred to in a product approval for the wastewater system; and

operates by reference to a specified code as in force at a specified time or as in force from time to time.

Regulation 25(6)

The power pursuant to Regulation 25(6) of the Wastewater Regulations to, on application and payment of the fee fixed by Schedule 1, by written notice to the applicant, vary or revoke a condition of a wastewater works approval.

Regulation 25(7)

The power pursuant to Regulation 25(7) of the Wastewater Regulations to, on the Delegate’s own initiative, by written notice to the operator of a wastewater system to which a wastewater works approval applies, vary or revoke a condition of the approval or impose a further condition, provided that the variation, revocation or imposition does not take effect until at least 6 months after the giving of the notice unless:

� the operator consents; or

� the Delegate states in the notice that, in his/her opinion, the variation, revocation or imposition is necessary in order to prevent or mitigate significant harm to public or environmental health or the risk of such harm.

Regulation 26(2)

EXPIRY OF APPROVAL

The power pursuant to Regulation 26(2) of the Wastewater Regulations to, on application and payment of the fee fixed by Schedule 1, postpone the expiry of a wastewater works approval for a specified period.

Regulation 27(3)

REGISTERS OF WASTEWATER WORKS APPROVALS

The power pursuant to Regulation 27(3) of the Wastewater Regulations, to extend the registers to include wastewater works approvals granted under the revoked regulations.

Regulation 27(6)

The power pursuant to Regulation 27(6) of the Wastewater Regulations to include in the registers other information considered appropriate by the Delegate.

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REGULATION SOUTH AUSTRALIAN PUBLIC HEALTH (WASTEWATER) REGULATIONS 2013

Regulation 29(1)

REQUIREMENT TO OBTAIN EXPERT REPORT

The power pursuant to Regulation 29(1) of the Wastewater Regulations, if the Delegate suspects on reasonable grounds that a wastewater system is adversely affecting or threatening public or environmental health, to give the operator of the system a written notice requiring the operator to obtain and provide to the Council a written report from an independent wastewater engineer within a specified period addressing specified matters.

Regulation 29(3)

The power pursuant to Regulation 29(3) of the Wastewater Regulations, if the requirements of a notice under Regulation 29 of the Wastewater Regulations are not complied with to obtain the required report and recover the costs and expenses reasonable incurred in doing so from the person who failed to comply with the notice, as a debt.

Regulation 29(3)

The power pursuant to Regulation 29(3) of the Wastewater Regulations, to authorise a person to enter land at any reasonable time for the purposes of the report.

Regulation 33(1)

FEES

The power pursuant to Regulation 33(1) of the Wastewater Regulations, to refund, reduce or remit payment of a fee payable under the Wastewater Regulations if the Delegate considers that appropriate in the circumstances.

Regulation 33(2)

The power pursuant to Regulation 33(2) of the Wastewater Regulations, to recover a fee payable to the Council by action in a court of competent jurisdiction as a debt due to the Council.

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c:\users\lyoung\appdata\local\microsoft\windows\temporary internet files\content.outlook\vec8rqv9\new agenda and minute format - may 2013 as revised by maggie d.doc

ORDER OF BUSINESS - FULL COUNCIL (REVISED MAY 2013)

WELCOME

KAURNA ACKNOWLEDGEMENT

MEMBERS’ PRESENT AND APOLOGIES ETC.

1. CONFIRMATION OF MINUTES

2. ADJOURNED MOTIONS

3. DEPUTATIONS

4. GALLERY QUESTION TIME

5. PETITIONS

6. GENERAL BUSINESS

DECISION REPORTS

6.x (includes Appointments to Internal/External Bodies)

CONFIDENTIAL REPORTS

6.x Confidential Items

INFORMATION ONLY REPORTS

6.x Includes Correspondence Received

7. RECOMMENDATIONS FROM COMMITTEES (NO MINUTES TO BE RECEIVED)

7.1 Audit Committee - Thursday, ***

7.2 Mitcham Heritage - Monday, ***

7.3 Mitcham Cultural Village Committee - Monday, ***

7.4 Community Development Grants Committee - Wednesday, ***

7.5 CEO Performance Review Committee - Monday, ***

8. NOTICES OF MOTION

9. MOTIONS WITHOUT NOTICE

10. QUESTIONS ON NOTICE

11. QUESTIONS WITHOUT NOTICE

12. REPORTS FROM REGIONAL SUBSIDIARIES

12.1 Centennial Park Cemetery Authority - ****

12.2 Eastern Waste Management Authority - ***

13. MAYORAL BUSINESS

13.1 Meetings Attended By The Mayor

13.2 Other Business Raised By The Mayor

14. MEETINGS ATTENDED BY THE CHIEF EXECUTIVE OFFICER

15. WRITTEN REPORTS FROM ELECTED MEMBERS AS COUNCIL REPRESENTATIVES ON OUTSIDE BODIES

16. REPORTS OUTSTANDING AND RESOLUTIONS NOT YET EFFECTED

CLOSE

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City of Mitcham

The electronic version on the Internet is the controlled version of this document. Printed copies cannot be controlled. Before using a printed copy, verify that it is the controlled version.

CODE OF PRACTICE – MEETING PROCEDURES Governance Policy

TABLE OF CONTENTS

PREAMBLE ............................................................................................................... 1

PURPOSE.................................................................................................................. 1

PART 1 - PRELIMINARY........................................................................................... 1

1. Citation....................................................................................................................... 1

2. Commencement ........................................................................................................ 1

3. Revocation................................................................................................................. 1

4. Interpretation ............................................................................................................. 2

5. Guiding Principles .................................................................................................... 2

PART 2 - MEETINGS OF COUNCILS AND KEY COMMITTEES DIVISION 1 – PRELIMINARY ....................................................................................................... 3

6. Application of Part .................................................................................................... 3

7. Discretionary Procedures ........................................................................................ 3

DIVISION 2 - PRESCRIBED PROCEDURES............................................................ 4

8. Commencement of Meetings and Quorums........................................................... 4

9. Minutes....................................................................................................................... 5

Endorsing Body Council Responsible Department: Corporate Affairs Policy Folder No: FF/2012/902 Policy Record No: 13.73077 Template Folder No: FF/2012/245 Template Record No: 12.60143(v3) Committee Recommendation: Insert Meeting Date Item No: Endorsed by Council: Insert Meeting Date Item No:

Applicable legislation: Local Government Act 1999 Local Government (Procedures at Meetings) Regulations 2000

Related Policies & Corporate Documents:

Code of Conduct for Elected Members Code of Practice – Access to Meetings and Documents Caretaker Policy

Additional references: Delegations Apply NO Effective from: Insert Date Next review: by June 2014

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10. Questions................................................................................................................... 6

11. Petitions ..................................................................................................................... 7

12. Deputations ............................................................................................................... 8

13. Motions ...................................................................................................................... 9

14. Amendments to Motions ........................................................................................ 13

15. Variations etc........................................................................................................... 13

16. Addresses by Members etc.................................................................................... 13

17. Voting ....................................................................................................................... 14

18. Divisions .................................................................................................................. 15

19. Tabling of Information ............................................................................................ 16

20. Adjourned Business ............................................................................................... 16

21. Short-term Suspension of Proceedings................................................................ 16

PART 3 - MEETINGS OF OTHER COMMITTEES .................................................. 17

22. Application of Part .................................................................................................. 17

23. Notice of Meetings for Members............................................................................ 17

24. Public Notice of Committee Meetings................................................................... 18

25. Minutes..................................................................................................................... 18

PART 4 - MISCELLANEOUS .................................................................................. 18

26. Quorum for Committees......................................................................................... 18

27. Voting at Committee Meetings............................................................................... 19

28. Points of Order ........................................................................................................ 19

29. Interruption of Meetings by Members ................................................................... 20

30. Interruption of Meetings by Others ....................................................................... 20

ADDITIONAL PROVISIONS (CITY OF MITCHAM)................................................. 21

31. Agendas ................................................................................................................... 21

32. Role of the Presiding Member - Speaking in the Debate................................... 21

33. Meetings................................................................................................................... 22

34. Attendance at Meetings.......................................................................................... 22

35. Community Participation........................................................................................ 23

36. Meeting Protocols ................................................................................................... 23

37. Election of Members to Official Positions ............................................................ 24

38. Supply of Information to Council Members.......................................................... 25

AVAILABILITY OF THE CODE ............................................................................... 25

POLICY REVIEW..................................................................................................... 26

VERSION HISTORY ................................................................................................ 26

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PREAMBLE The City of Mitcham is committed to the principle of honest, open and accountable government and encourages community participation in the business of Council. The Local Government (Procedures at Meetings) Regulations 2000 (the Regulations) stipulate the statutory procedures to be undertaken during the operation of Council and Council Committee meetings. Under these Regulations, Council may adopt a Code of Practice for its own meetings of Council and Council Committees that varies certain of these provisions where they are capable of variation. Further, Sections 86(8) and 89(1) of the Local Government Act 1999 (the Act) provides that where a procedure(s) is not prescribed by Regulation, Council or a Council Committee where delegated to do so can determine its own procedure(s) so long as it is not inconsistent with the Act or Regulations. The variations to prescribed meeting procedures that have been adopted by Council have been inserted (in a shaded text box) in this Code of Practice to enable them to be read in conjunction with the formal requirements of the Regulations. The combined document is regarded as the City of Mitcham’s Code of Practice for Procedures at Meetings. The Council may, at any time, by resolution supported by at least two-thirds of Members, alter, substitute or revoke the Code of Practice. PURPOSE This Code of Practice provides guidelines for Elected and Independent Members relating to procedures at Council and Council Committee meetings. It is also available to the public to assist their understanding of the procedures associated with the operation of both Council and Council Committee meetings. As recommended by legislation, this Code of Practice is reviewed every financial year. This Code cites the Regulations with variations by the City of Mitcham contained in shaded boxes and marked accordingly. PART 1 - PRELIMINARY 1. Citation

These regulations may be cited as the Local Government (Procedures at Meetings) Regulations 2000.

2. Commencement

These regulations will come into operation on 17 May 2000. 3. Revocation

The Local Government (Proceedings of Councils) Regulations 1984 (see Gazette 2 August 1984 p.457), as varied, are revoked.

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4. Interpretation

(1) In these regulations, unless the contrary intention appears -

“Act” means the Local Government Act 1999; “clear days” see sub-regulation (2);

“deputation” means a person or group of persons who wish to appear personally before a council or council committee in order to address the council or committee (as the case may be) on a particular matter;

“formal motion” means a motion -

(a) that the meeting proceed to the next business, or

(b) that the question be put; or

(c) that the question lie on the table; or

(d) that the question be adjourned; or

(e) that the meeting be adjourned1 ;

“Guiding Principles” see regulation 5;

“member” means a member of the council or council committee (as the case may be);

“point of order” means a point raised to draw attention to an alleged breach of the Act or these regulations in relation to the proceedings of a meeting;

“presiding member” means the person who is the presiding member of a council or council committee (as the case may be) and includes any person who is presiding at a particular meeting;

“written notice” includes a notice given in a manner or form determined by the council.

(2) In the calculation of “clear days” in relation to the giving of notice before a

meeting -

(a) the day on which the notice is given, and the day on which the meeting occurs, will not be taken into account; and

(b) Saturdays, Sundays and public holidays will be taken into account. 5. Guiding Principles

The following principles (the “Guiding Principles”) should be applied with respect to the procedures to be observed at a meeting of a council or a council committee -

(a) procedures should be fair and contribute to open, transparent and informed

decision-making; 1 See regulation 13 for specific provisions about formal motions

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(b) procedures should encourage appropriate community participation in the affairs of the council;

(c) procedures should reflect levels of formality appropriate to the nature and

scope of responsibilities exercised at the meeting.

(d) procedures should be sufficiently certain to give the community and decision-makers confidence in the deliberations undertaken at the meeting.

PART 2 - MEETINGS OF COUNCILS AND KEY COMMITTEES DIVISION 1 – PRELIMINARY

6. Application of Part

The provisions of this Part apply to or in relation to – (a) the meetings of a council; and (b) the meetings of a council committee performing regulatory activities; and

(c) the meetings of any other council committee if the council has, by resolution,

determined that this Part should apply to that committee. 7. Discretionary Procedures

(1) Subject to the requirements of the Act, if a provision of this Part is expressed to be capable of being varied at the discretion of the council pursuant to this regulation, then a council may, by a resolution supported by at least two-thirds of the members of the council as a whole, determine that a code of practice prepared or adopted by the council that establishes its own procedures for the relevant matter or matters will apply in substitution for the relevant provision (and such a determination will have effect according to its terms).

(2) A council should, at least once in every financial year, review the operation of a

code of practice under this regulation.

(3) A council may at any time, by resolution supported by at least two-thirds of the members of the council as a whole, alter a code of practice, or substitute or revoke a code of practice.

(4) A council must, in considering the exercise of a power under this regulation,

take into account the Guiding Principles.

(5) A person is entitled to inspect (without charge) the code of practice of a council under this regulation at the principal office of the council during ordinary office hours.

(6) A person is entitled, on payment of a fee fixed by the council, to a copy of the

code of practice.

(7) Regulation 13(4) does not apply to a motion under sub-regulation (3).

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(8) This regulation does not limit or derogate from the operation of regulation 212. DIVISION 2 - PRESCRIBED PROCEDURES 8. Commencement of Meetings and Quorums

(1) A meeting will commence as soon after the time specified in the notice of meeting as a quorum is present.

(2) If the number of apologies received by the chief executive officer indicates that

a quorum will not be present at a meeting, the chief executive officer may adjourn the meeting to a specified day and time.

(3) If at the expiration of 30 minutes from the time specified in the notice of meeting

as the time of commencement a quorum is not present, the presiding member or, in the absence of a presiding member, the chief executive officer, will adjourn the meeting to a specified day and time.

(4) If a meeting is adjourned for want of a quorum, the chief executive officer will

record in the minute book the reason for the adjournment, the names of the members present, and the date and time to which the meeting is adjourned.

(5) If a meeting is adjourned to another day, the chief executive officer must:

(a) give notice of the adjourned meeting to each member setting out the date, time and place of the meeting; and

(b) give notice of the adjourned meeting to the public by causing a notice

setting out the date, time and place of the meeting to be placed on display at the principal office of the council.

City of Mitcham provisions (6) Elected Member apologies should be forwarded to the Mayor, presiding

member or Chief Executive Officer prior to the meeting. If an apology is not received, the member will be noted in the minutes as absent.

(7) Apologies for non attendance at a meeting or advice of lateness in attending

a meeting should be tendered at the earliest opportunity and before the meeting begins, to enable the Chief Executive Officer to determine that there will be a quorum for the meeting.

(8) Where the Mayor is an ex-officio member of a committee, he/she is only

included in the quorum if in attendance. (Refer to section 41(6) of the Local Government Act 1999)

2 Furthermore, if a matter is not dealt with by the act or these regulations (including under a code of practice under

this regulation), then the relevant procedure will be:

(a) as determined by the council; or

(b) in the case of a council committee where a determination has not been made by the council, as determined by the committee.

(See sections 86(8) and 89(1) of the Act.)

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9. Minutes (1) The minutes of the proceedings at a meeting must be submitted for

confirmation at the next meeting or, if that is omitted, at a subsequent meeting.

(2) No discussion on the minutes may occur before confirmation, except as to the accuracy of the minutes as a record of proceedings.

(3) On the confirmation of the minutes, the presiding member will -

(a) initial each page of the minutes, which pages are to be consecutively

numbered; and

(b) place his or her signature and the date of confirmation at the foot of the last page of the minutes.

City of Mitcham provisions Addition to sub-regulation (3) (c) On confirmation of Minutes the presiding member will place his/her

initials at the bottom right hand corner of each page.

(4) The minutes of proceedings of a meeting must include -

(a) the names of the members present at the meeting; and

City of Mitcham provisions Addition to sub-regulation (4)(a) (i) the positions of all staff present; and

(b) in relation to each member present -

(i) the time at which the person entered or left the meeting; and

(ii) unless the person is present for the whole meeting, the point in the

proceedings at which the person entered or left the meeting; and (c) each motion or amendment, and the names of the mover and seconder;

and

(d) any amendment or withdrawal of a motion or amendment; and

(e) whether a motion or amendment is carried or lost; and

(f) any disclosure of interest made by a member; and

(g) an account of any personal explanation given by a member; and

(h) details of the making of an order under subsection (2) of section 90 of the Act (see subsection (7) of that section); and

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(i) a note of the making of an order under subsection (7) of section 91 of the Act in accordance with the requirements of subsection (9) of that section; and

(j) details of any adjournment of business; and

(k) any other matter required to be included in the minutes by or under the

Act or any regulation.

City of Mitcham provisions (5) Discussion by Members of the Council at meetings shall not be recorded in

the minutes.

10. Questions

(1) A member may ask a question on notice by giving the chief executive officer written notice of the question at least five clear days before the date of the meeting at which the question is to be asked.

(2) If a notice of a question is given under sub-regulation (1):

(a) the chief executive officer must ensure that the question is placed on the

agenda for the meeting at which the question is to be asked; and

(b) the question and the reply must be entered in the minutes of the relevant meeting.

(3) A member may ask a question without notice at a meeting.

City of Mitcham provisions Addition to (3) (a) All questions to staff from Members of Council will be directed through

the presiding member

(4) The presiding member may allow the reply to a question without notice to be

given at the next meeting.

(5) A question without notice and the reply will not be entered in the minutes of the relevant meeting unless the members present at the meeting resolve that an entry should be made.

(6) The presiding member may rule that a question with or without notice not be

answered if the presiding member considers that the question is vague, irrelevant, insulting or improper.

City of Mitcham provisions (7) Questions that arise from the answer provided to a Question on Notice

should be raised in the Council agenda item “Questions without Notice”

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11. Petitions

(1) A petition to the council must:

(a) be legibly written or typed or printed; and

(b) clearly set out the request or submission of the petitioners; and

(c) be addressed to the council and delivered to the principal office of the council.

(2) If a petition is received under sub-regulation (1), the chief executive officer must

ensure that the petition or, if the council has so determined as a policy of the council, a statement as to the nature of the request or submission and the number of signatures, is placed on the agenda for the next ordinary meeting of the council or, if so provided by a policy of the council, a committee of the council.

City of Mitcham Provision Addition to (2) : (2a) Petitions to Council will be treated in the following way:

(a) All pages of the petition must clearly set out the request or

submission of the petitioners, the name, address and signature of each petitioner and must contain at least one signature on every page.

(b) In the first instance, the petition should be forwarded to the Chief Executive Officer.

(c) The entire petition (including names and addresses) will be

placed on Council’s website and the Elected Members’ Intranet and a report will be included on the agenda of the next Council Meeting or committee of the whole membership of Council, whichever is the most appropriate.

(d) All petitions will be tabled at the next Council Meeting or

committee of the whole membership if they are received too late to appear on the agenda. A report concerning the petition will be placed on the agenda of a subsequent meeting.

(e) Where a petition is presented to a committee of the whole membership, the recommendation of the Committee will be presented to Council for consideration.

(f) The report to Council (or Committee) regarding the petition will

contain:

a statement as to the nature of the request or submission;

the number of signatures; and

a summary of any related documents / correspondence which might have accompanied the petition.

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(2b) A letter that has multiple signatures is not regarded as being a petition and will not be treated as such.

Note: A petition template is available on Council’s website.

(3) Sub-regulation (2) may be varied at the discretion of the council pursuant to

regulation 7. 12. Deputations

(1) A person or persons wishing to appear as a deputation at a meeting must deliver (to the principal office of the council) a written request to the council.

(2) The chief executive officer must transmit a request received under sub-

regulation (1) to the presiding member.

(3) The presiding member may refuse to allow the deputation to appear at a meeting.

(4) The chief executive officer must take reasonable steps to ensure that the

person or persons who requested a deputation are informed of the outcome of the request.

(5) If the presiding member refuses to allow a deputation to appear at a meeting,

the presiding member must report the decision to the next meeting of the council or council committee (as the case may be).

(6) The council or council committee may resolve to allow a deputation to appear

despite a contrary ruling by the presiding member.

(7) A council may refer the hearing of a deputation to a council committee. City of Mitcham provisions Addition to Regulation 12 (8) Where possible, requests for deputation should be received by the Chief

Executive Officer by the close of business on the Wednesday prior to the meeting. However, all later requests for deputation will be accommodated where possible, with the consent of the presiding member.

(9) Where a deputation is to be heard, the person/s making the deputation may

speak for no more than three minutes without leave of the meeting. (10) Deputations to a Committee will be treated in the same way as deputations to

Council. (11) Elected Member questions to individuals making a deputation to Council must

be concise and not amount to a statement. Acceptable forms of written request for deputation A written request to make a deputation could be by email, fax or letter. Council’s preference is to receive deputations by email.

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Number of speakers for a single deputation Where a number of people have indicated that they wish to speak with regard to a particular subject, the presiding member is able to use his/her discretion to determine that the subject matter has been canvassed by previous speakers. Reference to individuals The presiding member should advise all persons making a deputation that the opportunity should not be used to denigrate another individual. What appears in the minutes The detail of a deputation is not included in the minutes of the Council meeting, just a brief sentence outlining the topic and where possible, the speaker’s point of view.

13. Motions

(1) A member may bring forward any business in the form of a written notice of motion.

(2) The notice of motion must be given to the chief executive officer at least five

clear days before the date of the meeting at which the motion is to be moved.

(3) A motion the effect of which, if carried, would be to revoke or amend a resolution passed since the last periodic election of the council must be brought by written notice of motion.

(4) If a motion under sub-regulation (3) is lost, a motion to the same effect cannot

be brought:

(a) until after the expiration of 12 months; or (b) until after the next periodic election, whichever is the sooner.

(5) Subject to the Act and these regulations, a member may also bring forward any

business by way of a motion without notice.

(6) The presiding member may refuse to accept a motion without notice if, after taking into account the Guiding Principles, he or she considers that the motion should be dealt with by way of a written notice of motion.

(7) The presiding member may refuse to accept a motion if the subject matter is, in

his or her opinion, beyond the power of the council or council committee (as the case may be).

(8) A motion will lapse if it is not seconded at the appropriate time.

(9) A member moving or seconding a motion will speak to the motion at the time of

moving or seconding the motion.

(10) A member may only speak once to a motion except:

(a) to provide an explanation in regard to a material part of his or her speech, but not so as to introduce any new matter; or

(b) with leave of the meeting; or

(c) as the mover in reply.

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City of Mitcham provisions (10) The ability to speak to a motion and also to an amendment

Council has varied Regulation 13(10), as is permissible under Regulation 13(19) to allow Members who have already spoken to a motion, to also speak to an amendment to that motion. Members who speak to an amendment may, if they have not spoken to the original motion, also speak to the motion.

(11) A member who has spoken to a motion may not at a later stage of the debate move or second an amendment to the motion.

(12) A member who has not spoken in the debate on a question may move a formal

motion.

(13) A formal motion must be in the form of a motion set out in sub-regulation (14) (and no other formal motion to a different effect will be recognised).

(14) If the formal motion is:

(a) that the meeting proceed to the next business, then the effect of the

motion, if successful, is, in the case of an amendment, that the amendment lapses and the meeting proceeds with the consideration of the motion before the meeting without further reference to the amendment and, in the case of a motion, that the motion lapses and the meeting proceeds to the next item of business; or

(b) that the question be put, then the effect of the motion, if successful, is that

debate is terminated and the question put to the vote by the presiding member without further debate; or

(c) that the question lie on the table, then the effect of the motion, if

successful, is that the meeting immediately moves to the next item of business and the question can then only be retrieved at a later time by resolution (and, if so retrieved, debate is then resumed at the point of interruption); or

(d) that the question be adjourned, then the effect of the motion, if successful,

is that the question is disposed of for the time being but debate can be resumed at the later time (at the point of interruption); or

(e) that the meeting be adjourned, then the effect of the motion, if successful,

is that the meeting is brought to an end immediately without the consideration of further business.

(15) If seconded, a formal motion takes precedence and will be put by the presiding

member without discussion unless the motion is for an adjournment (in which case discussion may occur (but only occur) on the details for resumption).

(16) A formal motion does not constitute an amendment to a substantive motion.

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(17) If a formal motion is lost:

(a) the meeting will be resumed at the point at which it was interrupted: and

(b) if the formal motion was put during debate (and not at the end of debate) on a question, then a similar formal motion (i.e. a motion to the same effect) cannot be put until at least one member has spoken on the question.

(18) A formal motion for adjournment must include the reason for the adjournment

and the details for resumption.

(19) Sub-regulations (9), (10) and (11) may be varied at the discretion of the council pursuant to regulation 7.

City of Mitcham provisions Addition to Regulation 13 (20) Questions for clarification on agenda items

Members have the opportunity to ask questions of clarification at any time prior to the mover speaking in reply on agenda reports during a Council or Committee Meeting. A question asked in order to clarify a matter is not considered to be part of the debate on an item.

Where a motion concerns a complex subject, Members are able to ask questions of Administration before the motion is debated.

(21) Questions of clarification during the debate

A question seeking clarification must not amount to a statement. There can be no explanation or personal comment. The Chair of the Committee or Council will advise a Member if a question is too long or is straying from the point.

(22) Notices of Motion

A Notice of Motion should preferably be received in writing 7 days before the meeting (to provide time for its inclusion in the agenda) but at least five clear days before the date of the meeting at which the motion is to be moved.

A Notice of Motion should be accompanied by a rationale for the benefit of

other Members.

A Notice of Motion is withdrawn if the Member who is proposing the motion is absent from the meeting.

(23) Rescission motion

Any notice of motion to revoke a resolution of Council is also known as a rescission motion. A rescission motion should provide an explanation for the revocation.

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(24) Successful rescission motion

Where a motion to revoke a decision (resolution) is successful, it is as though that decision never existed. The subject can be raised at a future meeting by giving a written notice of motion to the Chief Executive Officer at least five clear days before the date of the meeting at which the motion is to be moved.

(25) A moved motion which is lost

When a motion which has been moved and seconded is lost, no decision has been made. The same or similar motion can be brought to the same meeting as a motion without notice (if deemed appropriate by the presiding member), or at a future meeting as a notice of motion.

(26) Debate on a motion The presiding member will adopt a system whereby alternate speakers will provide a different and alternative point of view until all points of view are exhausted

(27) Order in which Motions without Notice are taken

Motions without notice will be dealt with in the order in which they are received. That is, those that are forwarded in writing and are received by Administration prior to the meeting will be dealt with first, in the order they are received, followed by any other Motions without Notice arising during the meeting.

(28) Motion regarding a tied Committee vote

Should there be a tied vote at a Committee meeting, there is no recommendation to Council. The report is to be treated as a new item of business on the next Council Agenda, to appear under General Business. The Full Council report will advise of the tied vote for the relevant motion.

(29) Timing of declarations of interest

(a) If a Member has an interest in a matter before Council (or committee),

that interest must be declared at the earliest opportunity, as soon as the presiding member announces the item.

(b) A Member must make a full and accurate disclosure for recording in

the minutes.

(c) A Member need not leave the room if the item is for ‘Information Only’ or there is an exemption under Section 74(4a) or (4b) of the Act.

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14. Amendments to Motions

(1) A member who has not spoken to a motion at an earlier stage of the debate may move or second an amendment to the motion.

City of Mitcham provisions Addition to sub-regulation (1) (1a) Members who have already spoken to a motion may also speak to an

amendment to that motion.

(2) An amendment will lapse if it is not seconded at the appropriate time.

(3) A person who moves or seconds an amendment (and, if he or she chooses to

do so, speaks to the amendment) will, in so doing, be taken to have spoken to the motion to which the amendment relates.

City of Mitcham provisions (3) The ability to speak to an amendment and later to the motion

Members who speak to an amendment may, if they have not spoken to the original motion, also speak to the motion.

(4) If an amendment is lost, only one further amendment may be moved to the

original motion.

(5) If an amendment is carried, only one further amendment may be moved to the original motion.

(6) Sub-regulations (1), (3), (4) and (5) may be varied at the discretion of the

council pursuant to regulation 7. 15. Variations etc.

(1) The mover of a motion or amendment may, with the consent of the seconder, request leave of the meeting to vary, alter or withdraw the motion or amendment.

(2) The presiding member must immediately put the question for leave to be

granted and no debate will be allowed on that question. 16. Addresses by Members etc.

(1) A member must not speak for longer than five minutes at any one time without leave of the meeting.

City of Mitcham provisions Variation to sub-regulation (1) (1a) A member should only speak with the acknowledgement of the presiding

member and must not speak for longer than three minutes at any one time

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without leave of the meeting. Leave of the meeting will only be granted once, providing a maximum speaking time of six minutes.

(1b) Leave of the meeting is obtained by a show of hands of members present. A

simple majority is required.

(2) A member may, with leave of the meeting, raise a matter of urgency.

(3) A member may, with leave of the meeting, make a personal explanation. (4) The subject matter of a personal explanation may not be debated. (5) The contribution of a member must be relevant to the subject matter of the

debate.

(6) Sub-regulations (1) and (2) may be varied at the discretion of the council pursuant to regulation 7.

City of Mitcham provisions Addition to Regulation 16 (7) Speaking during meetings

Council: Members shall await recognition from the presiding member

before speaking. Members shall stand when addressing the Council.

Committees: Members shall await recognition from the presiding member before speaking. Members may remain seated when addressing the Committee.

(8) When normal meeting procedures are suspended, Members must still observe

the time limit for speaking of three minutes.

(9) Forms of address

(a) The Mayor should be referred to as ‘Your Worship’ or ‘Mayor’. Councillors should be referred to by their surname, prefixed with ‘Councillor’, and independent/community members by their surname prefixed with ‘Mr’, ‘Mrs’ or ‘Ms’ - for both Council and Committee meetings.

(b) Staff present at the meeting should be referred to by either their

position title or surname prefixed with ‘Mr’, ‘Mrs’ or ‘Ms. Any address in the Chamber by an Elected Member or member of staff should be prefaced with ‘through the Chair’.

17. Voting

(1) The presiding member, or any other member, may ask the chief executive officer to read out a motion before a vote is taken.

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(2) The presiding member will, in taking a vote, ask for the votes of those members in favour of the question and then for the votes of those members against the question (and may do so as often as is necessary to enable him or her to determine the result of the voting), and will then declare the outcome.

(3) A person who is not in his or her seat is not permitted to vote.

(4) Sub-regulation (3) may be varied at the discretion of the council pursuant to

regulation 7.

City of Mitcham provisions Addition to Regulation 17 (5) Before voting on a motion takes place, the entire motion must be displayed on

the screen for Members to read.

18. Divisions

(1) A division will be taken at the request of a member.

City of Mitcham provisions Addition to sub-regulation (1) (1) A division will be taken at the request of a member including the presiding

member.

(2) If a division is called for, it must be taken immediately and the previous decision

of the presiding member as to whether the motion was carried or lost is set aside.

(3) The division will be taken as follows:

(a) the members voting in the affirmative will, until the vote is recorded, stand

in their places; and

(b) the members voting in the negative will, until the vote is recorded, sit in their seats; and

(c) the presiding member will count the number of votes and then declare the

outcome.

(4) The chief executive officer will record in the minutes the names of members who voted in the affirmative and the names of the members who voted in the negative (in addition to the result of the vote).

(5) Sub-regulation (3) may be varied at the discretion of the council pursuant to

regulation 7.

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19. Tabling of Information

(1) A member may require the chief executive officer to table any documents of the council relating to a motion that is before a meeting (and the chief executive officer must then table the documents within a reasonable time, or at a time determined by the presiding member after taking into account the wishes of the meeting, and if the member who has required the tabling indicates that he or she is unwilling to vote on the motion until the documents are tabled, then the matter must not be put to the vote until the documents are tabled).

(2) The chief executive officer may, in tabling a document, indicate that in his or her

opinion consideration should be given to dealing with the document on a confidential basis under section 90 or 91 of the Act.

20. Adjourned Business

(1) If a formal motion for a substantive motion to be adjourned is carried:

(a) the adjournment may either be to a later hour of the same day, to another day, or to another place; and

(b) the debate will, on resumption, continue from the point at which it was

adjourned. (2) If debate is interrupted for want of a quorum and the meeting is then adjourned,

the debate will, on resumption, continue from the point at which it was interrupted.

City of Mitcham provisions Alteration to sub-regulation (3) (3) Business adjourned from a previous meeting must be dealt with before any

new business at a subsequent meeting of the Council or Committee from which it was originally adjourned and placed on the Agenda immediately following the Confirmation of Minutes.

(4) The provision of this regulation may be varied at the discretion of the council pursuant to regulation 7.

21. Short-term Suspension of Proceedings

(1) If the presiding member considers that the conduct of a meeting would benefit from suspending the operation of all or some of the provisions of this Division for a period of time in order to allow or facilitate informal discussions, the presiding member may, with the approval of at least two-thirds of the members present at the meeting, suspend the operation of this Division (or any part of this Division) for a period determined by the presiding member.

City of Mitcham provisions Addition to sub-regulation (1) (1) Short term suspension of proceedings can be utilised for presentations and

discussion of strategic items.

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(2) The Guiding Principles must be taken into account when considering whether to

act under sub-regulation (1).

(3) If a suspension occurs under sub-regulation (1):

(a) a note of the suspension, including the reasons for and period of suspension, must be entered in the minutes; and

(b) the meeting may proceed provided that a quorum is maintained but,

during the period of suspension: (i) the provisions of the Act must continue to be observed3, and

(ii) no act or discussion will have any status or significance under the provisions which have been suspended; and

(iii) no motion may be moved, seconded, amended or voted on, other than a motion that the period of suspension should be brought to an end; and

(c) the period of suspension should be limited to achieving the purpose for

which it was declared; and

(d) the period of suspension will come to an end if:

(i) the presiding member determines that the period should be brought to an end; or

(ii) at least two-thirds of the members present at the meeting resolve that the period should be brought to an end.

PART 3 - MEETINGS OF OTHER COMMITTEES 22. Application of Part

The provisions of this Part apply to or in relation to the meetings of any council committee that is not subject to the operation of Part 2.

23. Notice of Meetings for Members

Pursuant to section 87(15) of the Act, section 87 is modified in its application in relation to the meetings of a committee to which this Part applies as if subsections (4) and (7) to (10) of that section provided as follows:

(a) that notice of a meeting of the committee may be given in a form

determined by the committee after taking into account the nature and purpose of the committee; and

(b) that notice need not be given for each meeting separately; and

(c) that if ordinary meetings of the committee have a set agenda then notice

of such a meeting need not contain, or be accompanied by, the agenda for the meeting; and

3 See particularly Part 4 of Chapter 5, and Chapter 6, of the Act.

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(d) that it is not necessary for the chief executive officer to ensure that each member of the committee at the time that notice of a meeting is given is supplied with a copy of any documents or reports that are to be considered at the meeting.

24. Public Notice of Committee Meetings

Pursuant to section 88(7) of the Act, section 88 is modified in its application in relation to the meetings of a committee to which this Part applies as if subsections (2), (3) and (4) provided as follows:

(a) that public notice need not be given for each meeting separately; and

(b) that public notice may be given by displaying a notice and agenda in a

place or places determined by the chief executive officer after taking in account the nature and purpose of the committee.

25. Minutes

(1) The minutes of the proceedings of a meeting must include:

(a) the names of the members present at the meeting and the name and title of each member of senior staff present; and

(b) each motion carried at the meeting; and

(c) any disclosure of interest made by a member and senior staff member;

and

(d) details of the making of an order under subsection (2) of section 90 of the Act (see subsection (7) of that section); and

(e) a note of the making of an order under subsection (7) of section 91 of the

Act in accordance with the requirements of subsection (9) of that section.

(2) The minutes of the proceedings at a meeting must be submitted for confirmation at the next meeting or, if that is omitted, at a subsequent meeting.

PART 4 - MISCELLANEOUS 26. Quorum for Committees

The prescribed number of members of a council committee constitutes a quorum of the committee and no business can be transacted at a meeting unless a quorum is present.

The prescribed number of members of a council committee is:

(a) unless paragraph (b) applies, a number ascertained by dividing the total

number of members of the committee by 2, ignoring any fraction resulting from the division, and adding one; or

(b) a number determined by the Council.

Note: See also section 41(6) of the Act.

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27. Voting at Committee Meetings

(1) Subject to the Act and these regulations, a question arising for decision at a meeting of a council committee will be decided by a majority of the votes cast by the members present at the meeting and entitled to vote on the question.

(2) Each member of a council who is a member of a council committee and who is

present at a meeting of the committee must, subject to a provision of the Act to the contrary, vote on a question arising for decision at that meeting.

(3) The presiding member of a council committee has a deliberative vote on a

question arising for decision at the meeting but does not, in the event of an equality of votes, have a casting vote.

28. Points of Order

(1) The presiding member may call to order a member who is in breach of the Act or these regulations.

(2) A member may draw to the attention of the presiding member a breach of the

Act or these regulations, and must state briefly the nature of the alleged breach.

(3) A point of order takes precedence over all other business until determined. (4) The presiding member will rule on a point of order. (5) If an objection is taken to the ruling of the presiding member, a motion that the

ruling not be agreed with must be moved immediately.

(6) The presiding member is entitled to make a statement in support of the ruling before a motion under sub-regulation (5) is put.

(7) A resolution under sub-regulation (5) binds the meeting and, if a ruling is not

agreed with:

(a) the ruling has no effect; and

(b) the point of order is annulled.

City of Mitcham provisions Addition to Regulation 28 (8) Points of Order will be recorded in the Minutes and will include:

the name of the member raising the Point of Order the nature of the alleged breach of the Act or these Regulations and the

section or regulation to which it refers the name of the member who is the subject of the Point of Order if a Point of Order is raised by a member, but is ruled not to be a Point of

Order, it will not be recorded in the Minutes.

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29. Interruption of Meetings by Members

(1) A member of a council or council committee must not, while at a meeting: (a) behave in an improper or disorderly manner; or (b) cause an interruption or interrupt another member who is speaking.

City of Mitcham provisions Addition to Regulation 29(1) (1) Members who are deemed to deliberately use invalid Points of Order to

interrupt a speaker, can be in breach of Regulation 29.

(2) Sub-regulation (1)(b) does not apply to a member who is:

(a) objecting to words used by a member who is speaking; or

(b) calling attention to a point of order; or

(c) calling attention to want of a quorum.

(3) If the presiding member considers that a member may have acted in

contravention of sub-regulation (1), the member must be allowed to make a personal explanation.

(4) Subject to complying with sub-regulation (3), the relevant member must leave

the meeting while the matter is considered by the meeting.

(5) If the remaining members resolve that a contravention of sub-regulation (1) has occurred, those members may, by resolution:

(a) censure the member; or

(b) suspend the member for a part, or for the remainder, of the meeting.

(6) A member who:

(a) refuses to leave a meeting in contravention of sub-regulation (4); or

(b) enters a meeting in contravention of a suspension under sub-regulation

(5) is guilty of an offence.

Maximum penalty: $1250.

30. Interruption of Meetings by Others

(1) A member of the public who is present at a meeting of a council or council committee must not:

(a) behave in a disorderly manner; or (b) cause an interruption. Maximum penalty: $500.

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ADDITIONAL PROVISIONS (CITY OF MITCHAM)

31. Agendas

(1) Location of the Agenda for Inspection One copy of the Council Agenda will be available at the Council office, both libraries and on Council’s website on the Friday prior to meetings.

(2) Order of Business

(a) The Council and its Committees shall strictly adhere to the order of

business on the Agenda, being the items of which the members of the public have been notified.

(b) The presiding member may seek the leave of the meeting to change

the order of business and members may request the presiding member to seek the leave of the meeting to change the order of business.

(c) The meeting may resolve to change the order of business, despite a

contrary ruling by the presiding member.

(3) Adoption of Recommendations from S41 Committees

(a) Each Committee recommendation will appear on the Council agenda and will be considered separately by Full Council, with the exception of recommendations that are to receive information reports, which Council can choose to move en bloc.

(b) Where a Committee recommendation differs from a staff

recommendation, both recommendations will be included in the Council Agenda.

(c) The presiding member will ask if a member wishes to move a

Committee recommendation before receiving motions to a different effect.

(d) Copies of the Agendas of Section 41 Committees whose

recommendations form part of the Full Council Meeting will need to be brought by elected members to the Full Council Meetings. For the public, the Full Council Agenda on Council’s website will have electronic links to the Section 41 Committee Agendas.

(4) Adoption of Policies

When adopting a new policy or amending an existing policy, the resolution should identify the Policy by name, Policy number and indicate where the attachment appears in the agenda.

32. Role of the Presiding Member - Speaking in the Debate

The presiding member is the regulator and facilitator of a meeting and as such must be impartial. If the presiding member wishes to speak, it should be either at the beginning of the debate (after the motion has been moved and seconded) or after all other Members who wish to speak have done so, and before the mover in reply.

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33. Meetings

(1) Finish time for Council and Council Committees All scheduled meetings of Council and Council Committees to finish at or by 11.00 pm unless there is a supported motion from the floor to carry on past that time.

(2) Breaks Between and/or During Meetings

There is to be a minimum of five minutes, maximum of ten minutes break between consecutive scheduled meetings of Council Committees.

During meetings of Full Council and Council Committees, a ten minute

break is to be taken approximately every two hours, unless a majority of those present decide otherwise.

(3) Kaurna Acknowledgement

At the beginning of every Council meeting the presiding member will recite the pledge and the Kaurna acknowledgement.

(4) Reports from Elected Members

Verbal reports from Elected Members with relation to conferences or as representatives on external bodies, or from the Chief Executive Officer or Mayor in relation to their monthly reports will not be minuted. Any issues raised can be the subject of a separate motion if required.

34. Attendance at Meetings

(1) Leave of Absence

(a) Application for leave of absence is a formal request made by an Elected Member to the rest of Council at a Council Meeting. It can also be made by another Member on behalf of the Member seeking leave. Leave of absence should be formally endorsed by Council in the form of a resolution.

(b) The tendering of an apology to Council for a meeting is not the same

as the granting of leave of absence.

(c) Leave of absence should be requested whenever a Member is to go on leave for a period of time which will result in absence from consecutive Council meetings. The seeking of leave of absence of the council is expected and is a relevant consideration for any Elected Member who will be absent for such period of time which could cause section 54(1)(d) of the Local Government Act 1999 to become a relevant factor – that is, being absent ‘without leave of the council, from three or more consecutive meetings (the first of which having been held three months or more before the last)’.

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35. Community Participation

(1) Gallery Question Time

(1) At all ordinary meetings of the Council, there shall be provision for questions to be asked by members of the Gallery.

(2) Members of the Gallery may ask two questions and may speak for

three minutes without leave of the meeting. These questions must be in writing and supplied to the Minute Secretary.

(3) The Chief Executive Officer is able to determine that a question not be

allowed on the basis of the amount of time required by Administration to provide the answer, except where Council makes a resolution to the contrary.

(4) Questions and answers will be recorded in the minutes or in a later

agenda if necessary. (2) Community Participation on Council Committees

(1) Expressions of interest by the community to serve on a Council

committee are to be sought by way of:

(a) advertisements in each of the Messenger Press circulating in the Council area (unless the Committee is geographical area specific); and

(b) Advertisement in the Community News if the timing is suitable.

(3) Resident groups or special interest groups (where appropriate) are to be advised in writing of the opportunity to nominate a member.

(4) Where more than the required number of nominations is received, the

selection process is to be conducted by Council. All supporting documentation received from nominees will be treated confidentially.

(4) Committee membership will be for the term of office of the Council unless

resolved otherwise.

(5) Community members will be eligible to renominate for a further term of office, should the committee be re-established following a Council election.

(6) Community membership is to be ratified by Council. (7) The Code of Conduct for Elected Members applies to all community and/or

independent members of Councils s41 committees. 36. Meeting Protocols

(1) Interaction with the Gallery

Elected Members shall refrain from speaking to or accepting or passing notes to members of the Gallery or the press during a meeting.

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(2) Consumption of Food and Alcoholic Beverages The consumption of food or alcoholic beverages shall not be permitted in the Council Chambers.

(3) Wearing of Ceremonial Attire

Ceremonial attire is to be worn at ceremonial occasions only, with these to be determined by the Mayor.

(4) Use of Mobile Telephones and Electronic Equipment Mobile telephones are to be switched off or turned to silent during meetings of Council or its Committees, with texting also discouraged. Use of other electronic devices should be limited to accessing email and internet usage that may be required from time to time during a meeting, for the purposes of that meeting. The use of social media is discouraged.

(5) Videotaping, Recording or Photographing of Council Meetings Permission of the Council or the principal member is required prior to any meeting of Council being videotaped, recorded or photographed.

(6) Meeting Feedback Sheets

A feedback sheet is available for use by Members at the conclusion of the Council Meeting to enable constructive feedback to be provided to the presiding member and administration in the interest of continuous improvement.

37. Election of Members to Official Positions

(1) Election System for Use when Electing Members to Official Positions

Council's representatives on various committees of management shall be elected members of the Council or members of staff or other individuals if appropriate. (a) Voting and Ballot System

The following voting system will be used when electing Members to official positions:

Single vacancy: Members to record a single name.

Multiple vacancies: Members should record sufficient names of their choice, equal to the number of vacancies that are to be filled.

(b) Counting System In the first instance, the candidate with the least number of votes is eliminated. If there remain more candidates than vacancies, a further election is held with all Members able to vote again for the remaining candidates. This process is repeated until the required number of candidates is delivered.

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Should a tie exist between any of the candidates with the least number of votes at any stage of the ballot, the names of the tied candidates are announced and a draw is conducted, with the person whose name is drawn being eliminated. The most senior members of staff present will act as Returning Officer and Scrutineer respectively.

(2) Duration of Terms of Office

The Deputy Mayor (if appointed) and presiding members of committees of the whole membership will be elected for a term of one year unless otherwise determined.

(3) Potential Conflict of Interest when Nominating for Paid Positions

Where an election of an Elected Member relates to an external position on a board where sitting fees are paid (eg Local Government Finance Authority), the nominee/s should declare an interest and absent himself/herself from the selection process. This does not apply to election to the board of a Council subsidiary, even though sitting fees may apply. If it becomes clear that a quorum will not be achieved due to the number of nominations received for a particular position, meeting procedures could be suspended to allow for a secret ballot to take place. Once the number of remaining nominations has been reduced to two, the suspension of proceedings can be brought to an end for the final ballot to take place. The two members in the final ballot would be required to leave the room for the ballot to take place.

When no financial benefit is involved in being a representative on an external body, Elected Members do not have a conflict of interest if they are nominated and may stay in the Chamber and are able to vote.

38. Supply of Information to Council Members

(1) Where a Council resolution requires that a letter be sent to a Government Department or other organisation, a single representative copy of the letter and any reply is to be distributed to Council Members.

(2) Ward Councillors are to be notified in advance, of any Council event

organised within their Ward. (3) A resolution of Council that requires legal advice to be obtained will result in the

distribution to Council Members of a copy of: - the written legal advice - the original written request

AVAILABILITY OF THE CODE The Code of Practice – Meeting Procedures is available for inspection at Council’s Customer Service Centre, 131 Belair Road, Torrens Park and on Council’s website www.mitchamcouncil.sa.gov.au. A copy can be purchased or downloaded free of charge from the website.

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POLICY REVIEW In accordance with Regulation 7 of the Meeting Regulations, the Code of Practice - Meeting Procedures will be reviewed by Council once in every financial year, or at any other time as required. The next review will be June 2014. VERSION HISTORY VERSION AUTHOR(S) POSITION CHANGES DATE V1 Coordinator Governance Instituted 27/2/2001 V1 Coordinator Governance Reviewed 7/2003, 5/2005 V1 Coordinator Governance Revoked 11/4/2006 V2 Governance Officer Re-instituted 25/10/2011 V3 Governance Officer Leave of absence added 25/9/2012

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~d By: kroyle on 18/04/2013 12:14:53

Locai Government Associationof South Australia

eVoiceof Local

Govern ment

Our Reference: 99002 / DH : LC

16 April 2013

Mr Matthew PearsChief Executive OfficerCity of MitchamPO Box 21Mitcham Shopping CentreTORRENS PARK SA 5062

Dear Mr Pears

Kaurna Indigenous Land Use Agreement

I am writing regarding progress on the Kaurna Indigenous Land Use Agreement (ILUA), and future fundingarrangements to complete the agreement process.

As previously advised by Mr Tony Lawson, Native Title Adviser via email on 24 March 2013, the LocalGovernment Leadership Group has now reached in principle agreement with the Kaurna people on enteringinto the Local Government / Kaurna ILUA.

The ILUA agreement contains provisions relating to the following:

• protocol to simplify Native Title Act processes;• Aboriginal heritage protocol;

• planning protocol;

• liaison Committee; and

• establishment of a Fund supported by participating Councils.

See attached for a copy of the final version of the draft ILUA.

While the Local Government Leadership Group has in good faith indicated in principle agreement toparticipate in the ILUA formal approval and sign off is required by each of the individual 28 Councils includedwithin the agreement area.

The Local Government Leadership Group now intend to undertake a number of regional briefings on theproposed agreement to ensure that key people from participating Councils will all receive the samemessages about the contents on the ILUA before Councils consider formal approval.

The Leadership Group are intending to conduct the briefings by the end of May 2013 and you will be advisedshortly of the date and location of the briefing session for your region. It is suggested that the Mayor, CEO,interested Elected Members and senior staff attend this important briefing.

The current membership of the Local Government Leadership Group is as follows:

• Mayor James Maitland, Wakefield Regional Council;

• Mayor Lachlan Clyne, City of Unley (Chair);

• Mayor Brian Sambell, Town of Gawler;

• Mr Michael Sedgman GM, Adelaide City Council;

• Ms Rosa Gagetti, Manager, City of Port Adelaide Enfield;

• Mr Terry Buss, CEO, City of West Torrens; and

• Mr Glen Millar (retired - City of Holdfast Bay).

148 Frome Street Adelaide SA 5000 I GPO Box 2693 Adelaide SA 5001 DX 546 I Tel 08 8224 2000 J Fax 08 8232 6336 J Web

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-2-

As previously advised, the Federal Government is no longer providing financial assistance for Native Titlematters. All previous costs associated with the Native Title Officer (Tony Lawson) up to December 2012 havealso now been paid by participating Councils (via invoices sent by from the LGA).

It is anticipated there will be some further costs associated with Mr Lawson's duties and for the provision oflegal advice from Finlaysons to finalise the ILUA agreement

It is anticipated that the combined cost to Councils could be in the order of $31000 which will need to berecovered from participating Councils. A budget to reflect the anticipated process is outlined below. TheLocal Government Leadership Group has previously determined that the most appropriate basis on whichthe ILUA costs would be apportioned amongst the 28 participating Councils should be the same as thatmade by Councils for annual LGA Subscriptions.

I look forward to conveying your response to these matters to the leadership group.

Yours sincerely

Wendy CampanaChief Executive Officer

Telephone: 8224 2022Emaih

Attach: ILUA Agreement

Copy to: Local Government Leadership Group

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Kaurna PeoplesLocal GovernmentIndigenous Land Use AreaAgreement

Kaurna Peoples native title claimants

and

Kaurna Yerta Aboriginal Corporation

and

Kaurna Nation Cultural Heritage Association Incorporated

and

Adelaide City Council

Adelaide Hills Council

Alexandrina Council

The Barossa Council

Campbelltown City Council

City of Burnside

City of Charles Sturt

City of Holdfast Bay

City of Marion

City of Mitcham

City of Norwood Payneham and St Peters

City of Onkaparinga

City of Playford

City of Port Adelaide Enfield

City of Prospect

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City of Salisbury

City of Tea Tree Gully

The City of Unley

City of Victor Harbor

City of West Torrens

Clare and Gilbert Valleys Council

Corporation of the Town of Walkerville

District Council of Mallala

The District Council of Mount Barker

District Council of Yankalilla

Light Regional Council

Town of Gawler

Wakefield Regional Council

335788:~ V1

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Table of Contents

1. Preliminary1.1 Definitions

1.2 Interpretation1.3 Headings

1.4 Schedules and annexures

o Term2.1 Term

2.2 Review

1 Notifiable Act Process (Future Acts and Heritage)3.1

3.23.33.43-53.6

3.73.8

3.9

Council NoticeKaurna's ResponseFurther Provisions relating to ResponseCouncil ComplianceAboriginal Heritage ProtocolCouncil to Notify of DecisionEmergencyCompliance with ClauseApplication of this Clause

4,

4.6

4.7

4.8

4.9

4.1o

4.11

4.12

3357883 V1

Heritage Survey4.1 Aboriginal Heritage Act

4.2 Heritage Survey Procedure

4.3 Survey Budget

4.4 Payment

4.5 EvidenceCouncil's RepresentativeAlternative AreaSurvey Team ReportConsequences of ReportNon disclosureFailure by the Heritage AssociationDiscoveries During Operations

44788

888

99

10

10

11

11

11

12

12

12

12

12

12

13141414141414151515

Page(i)

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q,,~ ii

o

Planning Protocol5.1 Notice to the Heritage Association

5.9 Notice to Developers

Liaison Committee6.1 Establishment

6.2 Functions6.3 Membership and Payment6.4 Chair and Deputy Chair6.5 ILUA administrator

6.6 Proceedings of Committee6.7 Delegation

6.8 KPIs and Objectives6.9 Reporting6. lo Engagement of Advisers6.11 Invitees

o Fund7.1 Establishment of Fund

So Dispute Resolution8.1 Clause applies8.2 Avoidance

8.3 Notification

8.4 Initial Meeting8.5 Mediation

8.6 Expert8.7 Capacity of Expert8.8 Expert's Determination8.9 Determination costs8.1o Expert's Fees8.11 Survival

o Communications9.1 Writing required

9.2 Manner of giving

9.3 Change of details

161616

1616

171818

19

1920

2O

20

21

21

2121

~323

23

24

24

24

24

24

24

24

2525

2525

2525

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10. Warranties and Authority10.1 Native title warranties

lO.2 Other Warranties

11. Native Title Act Statements11.1 Future Acts

11.2 No right to negotiate procedures

11.3 Non-Extinguishment Principle

11.4 Consent Conditional on Compliance with Clauses 3 and 411.5 Other Native Title Holders11.6 Acknowledgment regarding Compensation

11.7 Application Survival

~2. Registration12.1

12.2

12.3

12.4

12.5

12.6

Application of ILUAApplication for RegistrationBest endeavoursRemoval from RegisterRegistered Native Title Body CorporateHeritage Body

13. GST

14. General14.1 Entire agreement

14.2 Amendment

14.3 Severability

14.4 Force Majeure

14.5 No waiver14.6 Minister's Discretion

14.7 Further assurances14.8 No merger14.9 Indices

14.1o Governing law and jurisdiction14.11 Relationship

14.12 Counterparts

Schedule 1 -- ILUA Area

252526

2626

27

27

27

27

27

28

2828

28

28

28

28

29

29

30

30

303030

30303131

3131

31

32

463357883 V1 Page(iii)

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Schedule 2 -- Notice Details

Schedule 3 - Fund Contributions

Schedule 4 - Matters for the Committee

47

58

59

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Date

PartiesIIII

2.

°

7.

8.

10.

11.

12.

13.

14.

15.

16.3357883V1

This agreement is entered into on the day of 2013

Kaurna Peoples native title claimants, by Garth Agius, VinceBuckskin, Lynette Crocker, Phillip Davies, Cecil Graham,Carroll Karpany, Shirley Lampard, Deceased, Joseph Mitchell,Rodney O'Brien, Deceased, Glenice Sumner, FrankWanganeen, Maureen Wanganeen, Deceased, GeorginaWilliams, in application number SAD 6OOl/2OOO in theFederal Court of Australia, care of Campbell Law, 1st Floor, 18-2oGrenfell Street, Adelaide SA 5o0o (Kaurna)

Kaurna Yerta Aboriginal Corporation, AU-6oo64397945, anIndigenous Corporation registered under the Corporations (Aboriginaland Torres Strait Islander) Act 2006 (Cth), care of Campbell Law, 1stFloor, 18-2o Grenfell Street, Adelaide SA 5000 (KYAC)

Kaurna Nation Cultural Heritage Association Incorporated, anincorporated association under the Associations Incorporation Act, 1985(SA) care of Camatta Lempens, 1st Floor, 345 King William Street,Adelaide SA 5ooo (Heritage Association)

Adelaide City Council of Town Hall, 128 King William Street, AdelaideSA 5oo0

Adelaide Hills Council of 28 Onkaparinga Valley Road, Woodside SA5244

Alexandrina Council of 11 Cadell Street, Goolwa SA 5214

The Barossa Council of 43-51 Tanunda Road, Nuriootpa SA 5355

Campbelltown City Council of 172 Montacute Road, Rostrevor5o73

SA

City of Burnside of4o~ Greenhill Road, Tusmore SA 5065

City of Charles Sturt of 72 Woodville Road, Woodville SA 5ollCity of Holdfast Bay of 24 Jetty Road, Brighton SA 5048

City of Marion of245 Sturt Road, Sturt SA 5o47City ofMitcham of131 Belair Road, Torrens Park SA 5062

City of Norwood Payneham and St Peters of 175 The Parade,Norwood SA 5o67

City of Onkaparinga of Ramsay Place, Noarlunga Centre SA 5168

City of Playford of lo Playford Boulevard, Elizabeth SA 5112Page 1

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17.

18,

19.

20.

21.

22.

23.

24.

25.

28.

29.

30.

31.

Recitals

A

B

City of Port Adelaide Enfield of 163 St Vincent Street, Port AdelaideSA 5o15

City of Prospect of 128 Prospect Road, Prospect SA 5o82

City of Salisbury of 12 James Street, Salisbury SA 51o8

City of Tea Tree Gully of 571 Montague Road, Modbury SA 5o92

The City of Unley of 181 Unley Road, Unley SA 5051

City of Victor Harbor of i Bay Road, Victor Harbor SA 5211

City of West Torrens of 155 Sir Donald Bradman Drive, Hilton SA5033

Clare and Gilbert Valleys Council of 4 Gleeson Street, Clare SA5453

Corporation of the Town of Walkerville of 66 Walkerville Terrace,Gilberton SA 5o81

District Council of Mallala of 2A Wasleys Road, Mallala SA 55o2

The District Council of Mount Barker of 6 Dutton Road, MountBarker SA 5251

District Council of Yankalilla of I Charles Street, Yankalilla SA52o3

Light Regional Council of 93 Main Street, Kapunda SA 5373

Town of Gawler of 89 Murray Street, Gawler SA 5118

Wakefield Regional Council of Scotland Place, Balaklava SA 5461

(Parties 4 to 31 inclusive are collectively referred to as the Councils anda reference to a Council means any one of the 28 Councils)

Kaurna assert traditional ownership and native title in relation to landand waters in the ILUA area.

KYAC:(a) enters into this ILUA in the performance of its functions of

managing the asserted traditional ownership and native title of theKaurna in relation to land and waters in the ILUA area and allmatters relating to them; and

(b) by signing this ILUA confirms that KYAC has been authorised by thenative title claim group to enter into this ILUA on behalf of theKaurna.

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C

D

E

F

G

The Heritage Association enters into this ILUA in the performance of itsfunctions of protecting and preserving Aboriginal sites, objects andremains in the ILUA area of significance to the Kaurna.

The Councils are constituted under the Local Government Act 1999 (SA)and have the statutory powers and capacities conferred on them underthat Act and any other Act.

Each party recognises the interests of each other party, and of landowners and occupiers, in relation to the ILUA area.

In particu]ar the parties recognise that:

(a) the relationship of Aboriginal people to land and waters is central totheir well-being and to their continuing connection to the religious,emotional, spiritual and non-human world;

09)Kaurna assert that native title exists in relation to land and waters inthe ILUA area and that the Kaurna constitute the group that claimsto hold native title in relation to land and waters in the ILUA area;and

(c) Aboriginal sites, objects and remains within the ILUA area are ofsignificance to the Kaurna and that it is in the interests of the generalcommunity within the ILUA area that those sites, objects andremains be preserved and protected.

Kaurna, KYAC, the Heritage Association and the Councils havenegotiated with each other for this ILUA, which, amongst other things,provides for:

(a) Kaurna and the Councils to agree to the validation of all invalid actsdone by any of the Councils in the ILUA area before the registrationdate;

(b)

(c)

Kaurna and the Councils to consent to the doing of all future acts inthe ILUA area by each of the Councils;

a protocol for the preservation and protection of Aboriginal sites,objects and remains in the ILUA area;

(d) a planning protocolproviding for:

(i) notification to the ILUA administrator(s) of certain types ofdevelopment on certain land; and

(ii) notification to certain developers of their obligations under theAboriginal Heritage Act;

(e) the establishment of a liaison committee to carry out functionsrelative to the common interests of the parties;

(f) the appointment of the ILUA administrator(s); and

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H

J

(f) funding of the liaison committee and its functions and the ILUAadministrators,

on the terms of this ILUA.

The provisions of this ILUA apply instead of the right to negotiateprocedure, which is not intended to apply to the doing of any future act inthe ILUA area by any of the Councils.

This ILUA is an area agreement pursuant to sections 24CA to 24CL of theNative Title Act 1993 (Cth) and regulation 7 of the Native Title(Indigenous Land Use Agreements) Regulations 1999 (Cth) and isintended to be registered on the register.

The parties enter into this ILUA for the purpose of improvingrelationships between each of them and to enhance development withinthe ILUA area for the social and economic well-being of all people livingand working in the ILUA area.

It is agreed as follows:

L Preliminary

DefinitionsIn this ILUA, unless the context otherwise requires:Aboriginal Heritage Act means the Aboriginal Heritage Act 1988 (SA).

Aboriginal site, object or remains means any off

(a)

(b)

an "Aboriginal site", an "Aboriginal object", or "Aboriginal remains" asdefined in the Aboriginal Heritage Act; and"Aboriginal remains", a "significant Aboriginal area" or a "significantAboriginal object" as defined in the Aboriginal and Torres Strait IslanderHeritage Protection Act 1984 (Cth).

Capital Works Program means, in respect of each Council, that section of thatCouncil's program which sets out a summary of its capital investment activitiesduring a financial year:(a) presented in a manner consistent with the note in the Model Financial

Statements entitled Uniform Presentation of Finances, as prescribed inRegulation 7(c) of the Local Government (Financial Management)Regulations 2Oll (SA); and

(b) in the form of that Council's program as it exists as at the date when thatCouncil's draft annual business plan is released for public consultationpursuant to section 123 of the Local Government Act 1999 (SA).

Capital Works Program Change means, in respect of each Council, eachcapital investment activity adopted at any time by that Council by way ofamendment or addition to or omission from that Council's Capital Works Program.

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commencement date means the date on which the parties to this ILUA executeit.

Committee has the meaning given to it in clause 6.1(a).communication has the meaning given to it in clause 9.1.CPI base means the CPI index prevailing at the commencement date.CPI current means the CPI index prevailing at the time when any adjustment toCouncils' contributions to the Fund is required to be made pursuant to clause7.1(a)(ii).

CPl factor means:CPI current

CPI baseCPI index means the Consumer Price Index (Tables I and 2. CPI: All Groups, IndexNumbers and Percentage Changes; Index Numbers; All groups CPI; Adelaide) aspublished quarterly (or any index published quarterly in substitution therefor) bythe Australian Bureau of Statistics or its successors.development authorisation has the meaning given to that term in theDeveIopment Act 1993 (SA).dispute has the meaning given to it in clause 8.1.dispute parties has the meaning given to it in clause 8.4.expert has the meaning given to it in clause 8.6(a).financial year means the financial year of a Council.force majeure event means any act, event or cause, which is beyond thereasonable control of a party, i'ncluding such an event being:(a)

(b)

(c)

(d)

an Act of God, war, sabotage, riot, civil commotion, national emergency(whether in fact or law), fire, lightning, flood, earthquake, landslide, drought,storm or other adverse weather conditions, explosion, power shortage, strikeor other labour difficulty (whether or not involving employees of that party),epidemic, disease, pestilence, quarantine or radioactive contamination;action or inaction of any competent authority (including any court ofcompetent jurisdiction), including expropriation, restraint, prohibition,intervention, requisition, requirement, direction or embargo by legislation,regulation, decree or other legally enforceable order or decision;religious or other ceremonial activities (carried out pursuant to obligationsunder Aboriginal tradition) of the Kaurna; orbreakdown of plant, machinery or equipment (including ships, trains, trucksor vehicles) or shortage of labour, transportation, fuel, power, plant,machinery, equipment or material.

Fund means the fund established pursuant to clause 7,1.future act has the meaning provided under the Native Title Act, but excludes anysuch act that is the compulsory acquisition of the whole or any part of native titlerights and interests.heritage survey has the meaning given to it in clause 4.2.ILUA means this indigenous land use agreement.

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ILUA administrator means the person appointed (or if more than one person isappointed, each of the persons appointed) from time to time, as referred to in clause6.5(a).

ILUA area means the geographical area in relation to which this ILUA applies, asspecified in schedule 1.LGA means the Local Government Association of South Australia Inc. of 148 FromeStreet, Adelaide SA 5ooo.matter of cultural confidence has the meaning given to it in clause 4.1o(c).Model Financial Statements means the document published by the LocalGovernment Association of South Australia and adopted pursuant to Regulation4(2) of the Local Government (Financial Management) Regulations 2Oll (SA).native title has the meaning given in the Native Title Act.Native Title Act means the Native Title Act 1993 (Cth).native title claim means the Kaurna Peoples native title claim SAD 6ool/2ooo;SC oo/1.native title claim group means the native title claim group as defined in theNative Title Act, in respect of the native title claim.notifiable act means each of the capital works reflected in each Capital WorksProgram and each Capital Works Program Change of each Council (where doneduring the term).notified act means a notifiable act of which notice has been given pursuant toclause 3.1(a).notified area means the area within which a notified act is to be done.notified party has the meaning given to it in clause 8.3.notifying party has the meaning given to it in clause 8.3.provision has the meaning given to it in clause 14.3.register means the Register of Indigenous Land Use Agreements established andmaintained under Part 8A of the Native Title Act.registrar has the meaning given in the Native Title Act.registration date means the date upon which this ILUA is registered and enteredon the register as an area agreement pursuant to sections 24CA to 24CL of theNative Title Act and regulation 7 of the Native Title Indigenous Land UseAgreements Regulations 1999 (Cth).review date has the meaning given to it in clause 2.2.right to negotiate procedure has the meaning given to it in clause 11.20)).S.ANTS means South Australian Native Title Services Ltd, the body fundedpursuant to section 2o3FE of the Native Title Act to act in the capacity of a NativeTitle Service Provider for Soutfi Australia.

secretary means the secretary of the Committee.specialist means an anthropologist or archaeologist appointed pursuant to clause4.20))00 for purposes of carrying out any heritage survey.survey approval has the meaning given to it in clause 4.2(e)(i).

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survey budget has the meaning given to it in clause 4.3(a).

survey report has the meaning given to it in clause 4.8(a).term means the term of this ILUA set out in clause 2.x.WPI base means the WPI index prevailing at the commencement date.WPI current means the WPI index prevailing on the most recent past anniversaryof the registration date.WPI faetor means:

WPI currentWPI base

WPI index means the Wage Price Index (Table 2b: Total hourly rates of pay,excluding bonuses: South Australia; Private and Public; All industries) as publishedquarterly (or any index published quarterly in substitution therefor) by theAustralian Bureau of Statistics or its successors.Terms defined in the Native Title Act and Aboriginal Heritage Act and not otherwisedefined in this ILUA bear their defined meanings when used in this ILUA.Other terms which are defined elsewhere in this ILUA bear their defined meaningswhen used in this ILUA.

1.2 InterpretationIn this ILUA, unless the context otherwise requires:(a) the singular includes the plural and conversely;(b) a gender includes all genders;(c) if a word or phrase is defined, its other grammatical forms have acorresponding meaning;(d)

(e)

(0

(g)

a reference to a person, corporation, trust, partnership, unincorporated bodyor other entity includes any of them;

(h)

a reference to a clause, schedule, annexure or appendix is a reference to aclause of, or a schedule, annexure or appendix to, this ILUA;

0)

(k)

3357883V1

a reference to a clause includes a reference to a sub-clause, paragraph or sub-paragraph of that clause;

(i)

a reference to an agreement, deed or document (including this ILUA) is areference to the agreement, deed or document as amended, varied,supplemented, novated or replaced, except to the extent prohibited by thisILUA or that other agreement, deed or document;a reference to a party to this ILUA or another agreement or documentincludes the party's successors, permitted substitutes and permitted assigns(and, where applicable, the party's legal personal representatives);

a reference to legislation or to a provision of legislation includes amodification or re-enactment of it, legislation or a legislative provisionsubstituted for it and a regulation or statutory instrument issued under it;a reference to conduct includes an omission, statement or undertaking,whether or not in writing;

a reference to an agreement includes any undertaking, deed, agreement andlegally enforceable arrangement, whether or not in writing;

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1.3

1.4

(m)(n)

(o)

(P)

(q)

a reference to a document includes an agreement (referred to in paragraph(k)) in writing and any certificate, notice, instrument and document of anykind;

a reference to dollars and $ is to Australian currency;a reference to a right or obligation of any two or more persons confers thatright, or imposes that obligation, as the case may be, jointly and severally;

the meaning of general words is not limited by specific examples introducedby including, or for example, or similar expressions;a reference to agree, approve or consent on the part of a party is a referenceto agree, approve or consent (as the ease may be) on the part of that party inwriting; andnothing in this ILUA is to be interpreted against a party solely on the groundthat the party put forward this ILUA or any part of it.

HeadingsHeadings do not affect the interpretation of this ILUA.

Schedules and annexuresSchedules, annexures and appendices form part of this ILUA.

2. Term

2.t Term

2.2

(a)

(b)

(c)

This ILUA commences on the commencement date and continues for anindefinite period thereafter subject to earlier termination pursuant to thisILUA or by operation of law.Any party may, not more than 4 months and not less than 2 months beforethe second anniversary of the registration date, give written notice to theother parties that it wishes to terminate this ILUA. If any party gives noticepursuant to this clause 2.1(b), then, unless the parties otherwise agree inwriting, this ILUA will terminate on the second anniversary of theregistration date or such later date agreed between the parties in writing.If this ILUA is not registered pursuant to clause 12 within 12 months of thecommencement date then any party may terminate it by written notice givento the other parties.

Review(a)

(b)

Not more than 12 months, and not less than 6 months, before the expiry ofthe 5 year period calculated from the commencement date and eachsuccessive 5 year period during the term (review date) any party may givethe other parties notice that it requires a review of this ILUA.If any party gives the other parties a notice under clause 2.2(a) the partiesmust:(i) meet as soon as possible, but in any event within 30 days after the

date of that notice; and

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(c)

ca)

(ii) negotiate in good faith with a view to reaching agreement betweenthe parties in relation to any amendments proposed to this ILUA byany party.

The parties may agree to amend this ILUA or that no amendments arerequired to the ILUA.Any amendments agreed to by the parties must be set out in writing in awritten document signed by all of the parties.

• Notifiable Act Process (Future Acts and Heritage)

Council Notice(a)

(b)

Each Council must not more than 14 days after that Council:(i) has released the Council's Capital Works Program for public

consultation pursuant to section 123 of the Local Government Act1999 (SA) give the ILUA administrator notice of that release; and

(ii) has adopted any Capital Works Program Change by way of anyamendment, addition to or omission from the Council's CapitalWorks Program give the ILUA administrator notice of that CapitalWorks Program Change.

Any notice given by a Council under clause 3.1(a) must:(i) attach a copy of that Council's Capital Works Program or provide

details of that Council's Capital Works Program Change, asapplicable;

(ii)

(iii)

request the Heritage Association and KYAC to jointly respond to thenotice within 30 days of the date of the notice or if a request forextension is made by the ILUA administrator to the Council withinthat 30 day period, within such longer period which:(A) is reasonable in all of the circumstances; and(B) is approved by the Council,regard being had to:(c) the period within which the Heritage Association and KYAC

are required to respond;

(D) the resources available to the Heritage Association and KYACfor the purposes of responding; and

(E) the number of other responses to Councils required to bemade by the Heritage Association and KYAC during the periodreferred to in clause 3.10a)(ii)(C); and

nominate a date or alternative dates not less than 15 days from theend of the period (if applicable, as extended) referred to in clause3.1(b)(ii) as the date for representatives of the Council and theHeritage Association and/or KYAC to meet for the purpose ofdiscussing the undertaking of any or all of the notified acts.

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3.a The Heritage Association and KYAC's ResponseWithin 30 days (or longer period as extended by a Council pursuant to clause3.1(b)(ii)) of that Council giving the Heritage Association and KYAC notice underclause 3.1(a), the Heritage Association and KYAC may jointly give that Council aresponse setting out:(a) the Kaurna's comments on the effect, if any, that any notified act will have onthe Kaurna's native title rights within the notified area and any proposals

KYAC has to reduce or exclude that effect. If KYAC's response to theCouncil's notice states that the relevant notified act will have an effect on theKaurna's native title rights within the notified area, that response must, inrelation to the date or alternative dates nominated b)i the Council for ameeting pursuant to clause 3.1(b)(iii), either:

(b)

(i)(ii)

advise that Council that the Kaurna do not require a meeting; oradvise the Council that the Kaurna do require a meeting and, if theCouncil has nominated alternative dates for the meeting, the dateselected by KYAC for the meeting; and/or

in relation to the Kaurna's Aboriginal heritage interests:(i) that a notified act will not, in the Heritage Association's view,

damage, disturb or interfere with any Aboriginal site, object orremains;

(ii)

(iii)

that in the Heritage Association's view an Aboriginal site, object orremains is located within any notified area and, in doing so, providethe Council with sufficient details to enable it to undertake therelevant notified act without damaging, disturbing or interfering withthat Aboriginal site, object or remains; ora request that a heritage survey of any notified area be undertaken.In doing so the Heritage Association will:(A) give the relevant Council reasons for that request;(B) submit to that Council a draft survey budget pursuant to

clause 4.3 for that heritage survey; and

(c) in relation to the date or alternative dates nominated by theCouncil for a meeting pursuant to clause 3.1(b)(iii) either:(1) advise that Council that the Heritage Association does

not require a meeting; or(2) advise the Council that the Heritage Association does

require a meeting and, if the Council has nominatedalternative dates for the meeting, the date selected bythe Heritage Association for the meeting.

3.3 Further Provisions relating to Response(a) " The Heritage Association and KYAC must consult with each other in giving

any joint response to a Council pursuant to elanse 3.2.(b) If a Council has nominated alternative dates for a meeting pursuant to clause

3.1(b)(iii) and both KYAC and the Heritage Association require a meeting intheir joint response, the joint response must select the same date and timefor a joint meeting with the relevant Council.

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(c)

(d)

A response pursuant to clause 3.2 binds both KYAC and the HeritageAssociation.If KYAC and the Heritage Association do not jointly respond to a notice givenpursuant to clause 3.1 in relation to any notified act notified in that noticewithin 3o days of the date of that notice (as extended, pursuant to clause3.1(b)(ii), if applicable), the Heritage Association and the KYAC are bothdeemed to have given consent to the carrying out by a Council of thatnotified act, subject to the provisions of Aboriginal Heritage Act.

3.4 Council Compliance(a)

(b)

If the Heritage Association responds under clause 3.2(b)(iii) the relevantCouncil must notify the Heritage Association of its decision either to conductor not to conduct a heritage survey of the relevant notified area, within 14days of that Council adopting its Capital Works Program (of which noticewas given pursuant to clause 3.x(a) to the Heritage Association in the formreleased for public consultation pursuant to section 123 of the LocalGovernmentAct 1999 (SA)).If KYAC responds under clause 3.2(a)(ii) and/or the Heritage Associationresponds under clause 3.2(b)(iii)(C)(a), representatives of the relevantCouncil and KYAC and/or the Heritage Association, respectively must meeton the date nominated by that Council or selected by KYAC and/or theHeritage Association (unless the parties agree that it is not necessary tomeet) to discuss, as relevant:(i) the undertaking of the relevant notified act;(ii) the response of KYAC and/or the Heritage Association, as applicable;(iii) in relation to:

(c)

(d)

(A) a response under clause 3.2(a)(ii), KYAC's proposals to reduceor exclude the effect that the relevant notified act will have onthe Kaurna's native title rights within the notified area; or

(B) a response under clause 3.2Co)(iii)(C)(2), any decision madeby the Council about conducting a heritage survey.

Where a meeting is required to be held, the Council must not do the relevantnotified act until after the date for that meeting.In doing the relevant notified act the Council must consider:(i) the contents of the joint notice of KYAC and the Heritage Association

given under clause 3.2; and(ii) the discussions at any meeting held.

3.5 Aboriginal Heritage Protocol

3.6

If the Heritage Association request a heritage survey in response to a Council'snotice and that Council elects to conduct a heritage survey of the relevant notifiedarea for the relevant notified act, the provisions of clause 4 will apply.

Council to Notify of Decision

The Council must notify the ILUA administrator within 7 days of making a decisionto undertake or not to undertake a notified act.

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3.7

3.8

3.9

Emergency(a) If any emergency situation occurs anywhere within the ILUA area, then,

where a Council would otherwise have to comply with clauses 3 and/or 4:(i) that Council may take such measures as it considers necessary in the

circumstances;(ii)

(iii)

(iv)

the provisions of clauses 3 and 4 do not apply to prevent or impair thetaking of those measures;that Council must as soon as reasonably practicable notify the ILUAadministrator of the emergency situation; andafter the emergency, that Council and the Heritage Association mustconsult with each other in relation to any further measures to betaken.

Compliance with ClauseSubject to clauses 3.7, 3.9 and 4.11, a Council must not do any notified act unlessand until it has complied with the provisions of this clause 3 and, if applicable,clause 4.

Application of this ClauseThis clause 3 is not mandatory until the ILUA is registered.

4. Heritage Survey

4.1 Aboriginal Heritage ActA Council must comply with the Aboriginal Heritage Act in doing any notified act.

4.2 Heritage Survey ProcedureIf the Heritage Association gives a Council a notice under clause 3.2(b)(iii) and thatCouncil elects, but may not unreasonably refuse, to conduct a heritage survey(heritage survey) of the relevant notified area, the following provisions apply:(a) subject to a survey budget being agreed or determined:

(i) the Heritage Association and KYAC must both ensure that thatheritage survey is undertaken within 3o days of that Council's noticegiven pursuant to clause 3.4(a); and

(ii) the Heritage Association must give that Council notice not less than 7days before the start of that heritage survey .of the dates on which itwill start and finish;

(b) the survey team (survey team) must comprise:(i) not more than 4 representatives of the Heritage Association and/or

KYAC (as agreed between them); and(ii) if required for purposes of the survey team performing its functions, a

specialist, approved by that Council;

(e) the Heritage Association and KYAC must both ensure that the persons in thesurvey team have the traditional knowledge and authority to advise whether

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(~

(e)

there is any Aboriginal site, object or remains within the relevant notifiedarea;the functions of the survey team are to assess the relevant notified area forthe purpose of:

(i)

(ii)

advising their view of whether the relevant notified act will damage,disturb or interfere with any Aboriginal site, object or remains withinthat notified area; andnominating the conditions, if any, which in their view are necessary,and which should accordingly apply in order to protect eachAboriginal site, object or remains within the relevant notified areafrom damage, disturbance or interference by that notified act;

the survey team will discharge its functions by:

(D

(ii)

conducting an inspection and assessment of the relevant notifiedarea, if applicable in conjunction with the specialist, providing asurvey report detailing whether and to what extent survey approval(survey approval) is given to the relevant notified act and what ifany conditions apply to the survey approval; andproviding the survey report to that Council.

4.3 Survey Budget

(a) A heritage survey must be undertaken in accordance with a survey budget(survey budget) which must:

(i) reflect daily rates (which must be pro-rated for any part day) for eachsurvey team member (other than the specialist) for undertaking theheritage survey, of $460 per day (exclusive of GST) (adjustedannually on each anniversary of the registration date by the WPIfactor), or as otherwise agreed in writing between the parties, but inany event not more than the prevailing market rate;

(ii) reflect daily rates (which must be pro-rated for any part day) for thespecialist for undertaking the heritage survey, as agreed between thespecialist and the relevant Council;

(iii) reflect the reasonable costs of travel for attending at any heritagesurvey of any survey team member; and

(iv) reflect that any reasonable administrative costs and expensesconstitute no more than lo% of the aggregate of all other costs andexpenses comprised in the survey budget.

(b)

(c)

A survey budget must be agreed between the Heritage Association and therelevant Council within 21 days or such other period as the parties agree afterthe Council's notice under clause 3.4(a) is issued, failing which theprovisions of clause 8 will apply to the determination of that budget.A Council and the Heritage Association may at any time agree to amend thesurvey budget.

(d) A Council is not responsible for any costs or expenses of carrying out theheritage survey which exceed the agreed survey budget.

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4.4 Payment

4.5

(a) The Heritage Association may invoice a Council the costs and expenses ofcarrying out a heritage survey (up to a maximum of the amount stated in thesurvey budget) as follows:

(i)

(ii)(iii)

30% not less than 21 days prior to the mobilisation of the survey teamto undertake that heritage survey;40% upon completion of that heritage survey; and30% or the balance thereof within 14 days of receipt of the report anda tax invoice of all costs and expenditure incurred in carrying out thatheritage survey.

(b) Any payment by a Council pursuant to clause 4.4(a) must be made within 14days of receipt of a tax invoice from the Heritage Association.

EvidenceAny invoice provided to a Council pursuant to clause 4.4(a) must be supported byevidence, reasonably satisfactory to the relevant Council, that the relevant costs andexpenses have been incurred properly.

4.6 Council's RepresentativeA Council may make a representative available at the notified area for consultationby the survey team at reasonable times during a heritage survey, but therepresentative may not otherwise be present whilst that heritage survey is beingundertaken, except when requested by the survey team.

4.7 Alternative Area

4.8

4.9

During the undertaking of a heritage survey the survey team and a Council'srepresentative may agree upon any alternative area or location on the relevantnotified area within or at which the relevant Council may carry out the relevantnotified act.

Survey Team Report

(a) Within 14 days of completion of a heritage survey the Heritage Associationmust provide to a Council a written report (survey report) in relation tothat heritage survey.

(b) The survey report must:(i) be consistent with the functions of the survey team for the relevant

heritage survey, as reflected in clause 4.2(d);(ii) state whether and to what extent survey approval is given to the

relevant notified act and what, if any, conditions apply to the surveyapproval ; and

(iii) be signed by the specialist.(e) The copyright in the survey report vests in the Heritage Association.

Consequences of ReportSubject to the provisions of clause 8, a Council must comply with a survey report.

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4.10

4.11

4.12

Non disclosure(a)

(b)

(c)

(d)

Nothing in this ILUA requires the Kaurna or the Heritage Association or anymember of any survey team to disclose the location and/or significance ofany Aboriginal site, object or remains, if they consider the location and/orsignificance to be a matter of cultural confidence, but they must disclosesufficient information in accordance with clause 4.8(b) to enable a Council,its employees, contractors and subcontractors to carry out the relevantnotified act on the area given survey approval, without damaging, disturbingor interfering with the relevant Aboriginal site, object or remains.The Heritage Association and KYAC must not disclose to any person anyinformation provided by a Council to the Heritage Association or KYAC orany member of the survey team in connection with any heritage survey,which is designated by that Council as confidential information.For the purposes of this clause 4.1o a matter of cultural confidencemeans any cultural information, including information held in an Aboriginalrecord, where disclosure of that information is restricted or forbidden byAboriginal tradition.

The provisions of clause 4.1009) survive the expiry or termination forwhatever reason of this ILUA.

Failure by the Heritage Association(a) If within 7 days of the date by which:

(i) a heritage survey is required to be carried out, it has not been carriedout for any reason; or

(ii) the Heritage Association is required to provide a report to a Council,it has failed to do so,

the relevant Council may give notice to the Heritage Association requiringthat:

(iii) the relevant heritage survey be carried out; or(iv) a report be provided to that Council,within 14 days of the Council giving that notice.

(b) A notice provided under clause 4.n(a) must state that, if the HeritageAssociation and KYAC do not comply with that notice within that period, therelevant Council intends to proceed with the relevant notified act.

(c) If a Council has given a notice pursuant to clause 4.1x(a) and the HeritageAssociation and KYAC fail to comply with it, that Council may carry out therelevant notified act.

Discoveries During OperationsIf any time during the carrying out of any notified act a Council identifies any site,object or remains which it suspects may be an Aboriginal site, object or remains,that Council must, in addition to any other obligations under the AboriginalHeritage Act:

(a) promptly report the location of that site, object or those remains to the ILUAadministrator;

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(b) cease to carry out that notified act on the relevant site or the location of therelevant object or remains; and

(c) leave where discovered, and not damage, disturb orrelevant object or remains,

unless and until it is lawful for that Council to proceed.

interfere with, the

5.2

Planning Protocol

Notice to the Heritage Association(a) Within 14 days of the end of each month during the term each Council must

give the ILUA administrator a notice of the development authorisationsgranted by it to any person within the ILUA area during that month for eachof the following categories of development:

(i) each Category 3 development for the purposes of section 38 of theDevelopment Act 1993 (SA) and Schedule 9 of the DevelopmentRegulations 20o8 (SA), including subdivisions of land of 4 or moreallotments; and

(b)

(ii) each subdivision of 4 or more allotments (not being a Category 3development).

Any notice given pursuant to clause 5.1(a) must specify in relation to eachdevelopment authorisation to which it applies:(i) the name, address and contact details of the person to whom

development authorisation has been granted;(ii) the location of the development in respect of which development

authorisation has been granted; and(iii) a brief description of the devdopment.

Notice to Developers

(a) At the same time that development authorisation is notified to a person inrespect of a development within the ILUA area a Council must give thatperson a notice regarding the provisions of the Aboriginal Heritage Act.

(b) Any notice given pursuant to clause 5.2(a) must specify:(i) that it is an offence under the Aboriginal Heritage Act to damage,

disturb or interfere with any Aboriginal site, object or remains;(ii) the contact details of the Heritage Association; and(iii) that the Heritage Association is responsible for undertaking heritage

surveys in the ILUA area.

3357883 V1

Liaison Committee

Establishment

(a) A liaison committee (Committee) shall be established within twelvemonths of the commencement date and will comprise the members and havethe functions set out in this clause 6.

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(b) The Committee will continue in existence from the date of its establishmentuntil the date of termination or expiry of this ILUA.

6.2 Functions

3357883V1

Ca) The functions of the Committee are to:(i)

(ii)

(iii)

(iv)

make recommendations or give advice to the parties concerning anymatter under or relating to this ILUA;help maintain and develop on-going relationships between the partiesand between the parties and other persons and build capacity of theKaurna community;act as a forum to resolve issues causing concern between both partiesincluding heritage monitoring and conduct of surveys;procure funding for projects of mutual benefit to the Kaurna and theCouncils;

(v)

(vi)

(vii)

(viii)

(ix)

make decisions regarding the undertaking of projects of ,mutualbenefit to the Kaurna and the Councils;make decisions regarding mechanisms to achieve recognition withinthe general community in the ILUA area of the Kaurna as theAboriginal group that asserts traditional ownership of the ILUA area;make decisions regarding the promotion of reconciliation betweenthe Councils and the Kaurna and the community within the ILUAArea generally;make decisions regarding economic development opportunitieswithin the ILUA area for the parties;make decisions regarding Aboriginal training,, employment,contracting and business opportunities and strategies within theILUA area;

(x) make decisions regarding service delivery by the Councils and otherpersons to the Kaurna and other Aboriginal people living within theILUA area;

(xi)

(xii)

(xiii)

make decisions in relation to further funding of any activities arisingout of this ILUA and make application for such funding upon behalfof the parties or any of them;establish such sub-committees as considered necessary to pursue anymatter to advance this ILUA;subject to clause 6.509), appoint the ILUA administrator(s) from timeto time;

(xiv)

(x-v)

(r4)

after consultation with the LGA, determine the terms and conditionsof employment of the ILUA administrator(s) and any changes fromtime to time in those terms and conditions;

at the request of the LGA or of its own volition and, in either easeafter consultation with the LGA, make a decision to terminate theemployment of the ILUA administrator(s);provide operational guidance and direction to the ILUAadministrator(s) in the performance of their functions through,amongst other things, the key performance indicators and objectives

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Co)

established by the Committee from time to time pursuant to clause6.8;

(xvii) perform such other functions and make decisions regarding suchfunctions, both as may be agreed upon by the parties; and

(xviii) apply the Fund towards the achievement of the above functions.The parties agree that the matters reflected in Schedule 4 represent examplesof the types of matters which the Committee may consider in theperformance of its functions.

6.3 Membership and Payment

(a) The Committee will be comprised of the following persons:(i) three persons nominated by KYAC;(ii) three persons nominated by the Heritage Association; and(iii) six persons nominated jointly by the Councils,and each nominee is entitled to appoint an alternate to attend any meeting inhis or her stead and to remove and replace that alternate.

(b) Each of KYAC, the Heritage Associationand the Councils may remove andreplace any member of the Committee nominated by them.

(c) Notice of nomination, removal and replacement by KYAC, the HeritageAssociationor the Councils of a person as a member of the Committee and ofthe appointment, removal or replacement of any alternate of a nominee ofKYAC, the Heritage Associationor the Councils must promptly be given tothe others of them.

(d)

(e)

Notwithstanding the provisions of clause 9, any nomination, removal orreplacement of a person as a member of the Committee or of theappointment, removal or replacement of any alternate of a nominee:(i) by the Councils may be given by the LGA, on behalf of the Councils, to

KYAC and the Heritage Association;(ii) by KYAC, may be given by KYAC to the LGA, on behalf of the

Councils, and to the Heritage Association; and(iii) by the Heritage Association, may be given by the Heritage Association

to the LGA, on behalf of the Councils, and to KYAC.Each member of the Committee nominated by KYAC or the HeritageAssociation will be paid $5o per hour (plus GST) (pro-rated for any parthour) from the Fund for each hour (or part thereof) of his or her attendanceat any Committee meeting, adjusted annually on each anniversary of theregistration date by the WPI factor.

6.4

3357883 Vl

Chair and Deputy Chair

(a) Unless the Committee otherwise determines:(i) the chairperson of the Committee will rotate on an annual basis

between:

(A)

(B)

a Committee member nominated alternatively by KYAC andthen the Heritage Association; and

a Committee member nominated by the Councils; andPage 18

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6.5

Co)

ILUA

(a)

(b)

(c)

(d)(e)

(ii) the deputy chairperson of the Committee will be:(A) when the chairperson of the Committee

(B)

is a Committeemember nominated by KYAC or the Heritage Association, aCommittee member nominated by the Councils; andwhen the chairperson of the Committee is a Committeemember nominated by the Councils, a Committee membernominated alternatively by KYAC and then the HeritageAssociation.

Neither the chairperson nor the deputy chairperson have a casting vote.

administrator(s)The Liaison Committee may appoint one or more persons as ILUAadministrator(s), but on the basis that such person alone or such personstogether constitute not more than one full time equivalent position or suchother number of full time equivalent positions from time to time decided bythe Committee.Where it is lawful to do so, the Committee must give preference to theemployment of a member or members of the Kaurna as ILUAadministrator(s) if:

(i)

(ii)

(iii)

both the relevant member and another person (who is not a memberof the Kaurna) apply for employment as ILUA administrator;both that member and another person (who is not a member of theKaurna) are suitably qualified to be employed as the ILUAadministrator; andthe skills, ability and experience, relevant to the position of ILUAadministrator, of that other person are no greater than those of thatmember.

The ILUA administrator (or, if more than one person is appointed as ILUAadministrators, the person nominated by the Committee) is ex officio thesecretary of the Committee.The secretary is not required to be a member of the Committee.The secretary must ensure thati

(i)

(ii)

(iii)

an agenda, and papers, setting out the time and place and business tobe conducted at each meeting of the Committee are distributed tomembers of the Committee and their alternates not less than 7 daysbefore each meeting of the Committee or such shorter period agreedto by the members of the Committee;draft minutes of each meeting of the Committee are circulated to allmembers of the Committee within 14 days of each meeting of theCommittee; andthe approved minutes of each meeting of the Committee are kept andmaintained at such location(s) agreed to by the members and areavailable for inspection and copying by all members and theiralternates.

6.6 Proceedings of Committee(a) Subject to the provisions of this clause 6, the Committee may:

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(b)

(c)

(d)

(e)

(0

(i)

(ii)

meet together either in person, by telephone, by other means ofinstantaneous communication or in such other manner as themembers of the Committee may approve from time to time; andadjourn and otherwise regulate its meetings and proceedings as themembers think fit.

The Committee must meet:

(i) at intervals of not more than 6 months, the first Committee meetingto be held within 3 months of its establishment; and

(ii) in any event within 28 days of a request for a meeting from theparties entitled to nominate members to the Committee.

The venue for each meeting of the Committee will be determined by theCommittee.The quorum for any meeting of the Committee is two Committee membersnominated by each of KYAC, the Heritage Association and the Councils,being a total of six members.If a quorum is not present within half an hour from the time appointed forany meeting of the Committee the meeting stands adjourned to the same dayin the next week at the same time and place and the Committee member(s)present at the adjourned meeting constitute a quorum.Decisions of the Committee will be made by consensus on an unanimousbasis.

6.7 Delegation(a) The Committee may delegate any of its functions to:

(i) any sub-committee established pursuant to clause 6.a(a)(xii); or(ii) the ILUA administrator in his or her capacity as the secretary of the

Committee.(b) A delegation pursuant to clause 6.7(a) is revocable at will by the Committee.(c) A delegation pursuant to clause 6.7(a) does not prevent the Committee from

acting in any matter.

6.8 KPIs and ObjectivesNot less than 30 days before the start of each financial year, the Committee mustdetermine in writing key performance indicators and objectives for the ensuingfinancial year which are consistent with the Committee's functions and which it willseek to achieve during that year.

6.9 Reporting(a) Not less than 14 days before the start of each financial year the Committee

must provide each of the Councils, the Kaurna and the Heritage Associationwith a copy of its written key performance indicators and objectives for theensuing financial year.

(b) On or before 31 July in each year during the term the Committee mustprepare and approve at a meeting of the Committee an annual written reportin relation to the Committee's functions, activities and projects during theimmediately preceding financial year and may determine that the report ora

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6.110

6.11

(c)

(d)

(e)

(0

summary or extracts of it be circulated to the Councils, the Kaurna and theHeritage Association.The report' must include details of:

(i)

(ii)

(iii)

an assessment of the extent to which the Committee's keyperformance indicators and objectives for the immediately precedingfinancial year have been met;each of the projects and activities funded from the Fund during theimmediately preceding financial year; andeach of the projects and activities current during the immediatelypreceding financial year but funded from the Fund during a financialyears or financial years other than the immediately precedingfinancial year.

The details referred to in clauses 6.9(c)(ii) and (iii) must include in respect ofeach project or activity of the Committee:(i) a brief description of the project or activity;(ii) the amount, if any, funded from the Fund for the project or activity

during the immediately preceding financial year;(iii) the aggregate amount funded from the Fund for the project or activity

during the immediately preceding and earlier financial years; and(iv) a brief assessment of the merits of the project or activity and the

benefits it has provided to the Kaurna and/or any or all of theCouncils.

The Committee may at any time prepare any report other than the annualwritten report referred to in clause 6.9(b).The parties acknowledge that:(i) the Fund will be audited as part of the annual audit of the LGA; and(ii) the LGA will provide written details to the Committee of any qualified

report made in respect of the Fund in any auditor's report formingpart of any annual audit of the LGA.

Engagement of AdvisersThe Committee has the right to decide to engage advisers and other persons and todetermine the terms and conditions of any such engagement.

InviteesEach member of the Committee has the right to invite a reasonable number of non-members to attend and speak (but not vote) at any Committee meeting as observersor spokespersons having regard to the matters on the agenda for the relevantmeeting.

7. Fund

7.1 Establishment of Fund(a) The Councils will establish a fund and, subject to clause 7.1(b), will each

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(5)

(c)

(d)

(e)

(0

3357883 VI

(i) in respect of the first financial year commencing after the registrationdate, the respective amounts referred to in schedule 3; and

(ii) in respect of each subsequent financial year, the respective amountsreferred to in schedule 3, adjusted annually on each anniversary ofthe registration date by the CPI factor.

Without detracting from the generality of clause 2.2, the amounts of thecontributions of each of the Councils to the Fund for each subsequentfinancial year will be reviewed by the Councils upon the expiry of the 5 yearperiod calculated from the commencement date and each successive 5 yearperiod during the term.The Councils must promptly notify the Kaurna and the Heritage Associationof the outcome of each review of the amounts of the contributions of each ofthe Councils to the Fund pursuant to clause 7.2(5).If the amounts of the contributions of each of the Councils to the Fund arechanged pursuant to a review under clause 7.2(b), the Councils mustcontribute the amounts of their respective changed contributions to the Fundfor each subsequent financial year.Each Council must pay the amount of its contribution for any financial yearto the LGA not more than 22 days after the start of that financial year.Each of the Councils and the Kaurna, KYAC and the Heritage Associationacknowledge and agree that:(i) the Fund will be administered by the LGA;(ii) the ILUA administrator(s) will be employed by the LGA as full time

or part time employee(s) on the terms and conditions from time totime determined by the Committee, after consultation with the LGA;

(iii) the duties or the ILUA administrator(s) will comprise such duties asare from time to time determined by the Committee, but mustinclude in respect of the person or both persons appointed:

(A) assisting the Kaurna, KYAC and the Heritage Association inadministering their respective rights and obligations underthis ILUA, including:(2) receiving and considering each notice given by a

Council to the Heritage Association and KYACpursuant to clauses 3.2(a) and 3.6;

(2) the Heritage Association and KYAC responding to eachnotice given by a Council pursuant to clauses 3.1(a);

(3) the Heritage Association and KYAC consultingpursuant to clause 3.3(a) regarding each suchresponse;

(4) the appointment of each survey team and anyspecialist pursuant to clause 4.2(5);

(5) formulating and agreeing each survey budget pursuantto clause 4.3;

(6) invoicing a Council pursuant to clause 4.4; and(7) receiving and considering each notice given by a

Council pursuant to clause 5.1; andPage 22

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(iv)

(v)

(,4)

(B) acting as secretary to the Committee;the LGA will provide the ILUA administrator(s) with an office at theoffices from time to time of the LGA and such other equipment andfacilities as are necessary to enable the ILUA administrator(s) toperform his or her duties;the LGA may withdraw from the Fund:

(A) the salary (inclusive of superannuation contributions) of theILUA administrator(s);

(B) the associated on-costs of the employment by the LGA of theILUA administrator(s) in an amount of 20% of such salary(inclusive of superannuation contributions); and

(C) any payment to any Committee member nominated by KYACor the Heritage Association for attendance at a Committeemeeting,

for the sole purpose of the payment of such salary, on-costs andpayments, respectively; andthe Fund must only be applied for the purposes:(A) referred to in clause 7.x(f)(v); and(B) funding the functions of the Committee, as decided by the

Committee,and each of the Councils, the Kaurna and the Heritage Associationmust use their respective best endeavours to ensure that theirrespective nominees on the Committee only apply the Fund or permitor allow the Fund to be applied for those purposes.

Dispute Resolution

Clause appliesAll disputes or differences between any of the parties in connection with theinterpretation, effect or any other matter in any way relating to this ILUA, otherthan in relation to what constitutes an Aboriginal site, object or remains, (dispute)will be dealt with in accordance with this clause 8 whether the dispute is first raisedbefore, during or after the term.

8.2 AvoidanceThe parties agree that:(a)

(b)

(c)

they will make every effort to ensure that disputes do not arise;

if a dispute does arise, they must make every reasonable effort to resolve thedispute in accordance with this clause 8 and without recourse to litigation orarbitration proceedings; and

the provisions of clauses 8.1 and 8.a(b) do not apply to litigation proceedingsfor injunctive, interlocutory or declaratory relief.

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8.3 Notification

8.4

8.5

8.6

8.7

8.8

A party (notifying party) will, within 30 days after the dispute arises, give anotice to the other party or parties with which it has the dispute (nofffied party)and a copy of that notice to the other parties setting out details of the dispute andany other matter that may, in the reasonable opinion of the notifying party, berelevant to the resolution of the dispute.

Initial MeetingWithin 7 days of the date of the notice the notifying party and notified party(dispute parties) will meet and use their respective reasonable endeavours toresolve the dispute within a further period of 14 days.

MediationIf a dispute is not resolved in accordance with the provisions of clause 8.4:(a) any dispute party may request the President for the time being of the Law

Society of South Australia Inc. (or his or her nominee) to appoint a mediatorto mediate that dispute;

(b) within 7 days of a mediator being appointed, the mediator will convene aninitial meeting of the dispute parties in an attempt to resolve that dispute;and

(c) if that dispute is not resolved at that initial meeting, the mediator willconvene such further meetings of the dispute parties during the subsequent14 days as the mediator reasonably considers necessary for the purpose ofresolving that dispute.

Expert(a) If a dispute is not resolved in accordance with the provisions of clause 8.5

then within 7 days, the parties may agree to appoint a person who has anunderstanding of or experience in the subject matter of the dispute (expert)to determine the dispute.

(b) If the parties fail to agree a mutually acceptable expert, then within 7 daysany dispute party may request the President for the time being of the LawSociety of South Australia Inc. (or his or her nominee) to appoint an expertto determine the dispute.

Capacity of ExpertThe expert is an expert and not an arbitrator.

Expert's DeterminationThe expert's determination is final and binding on the dispute parties.

8.9 Determination costs(a) If the expert determines that the notifying party has given notice of a

vexatious or frivolous dispute, the expert may determine that the notifyingparty must pay the whole or a specified portion of the costs and expenses ofthe other dispute party/ies in relation to the expert's determination.

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(b) Subject to clause 8.9(a), the costs and expenses of the dispute parties inrelation to the expert's determination (or any remaining portion of thesefees, expenses and costs) will be paid out of the Fund.

8.1o Expert's Fees(a) If the expert determines that the notifying party has given notice of a

vexatious or frivolous dispute, the expert may determine that the notifyingparty must pay all, or a specified portion of, the expert's fees and expensesand the cost of the expert's determination.

(b) Subject to clause 8.1o(a), the expert's fees and expenses and the cost of theexpert's determination (or any remaining portion of these fees, expenses andcosts) will be paid out of the Fund.

8.11 SurvivalThe provisions of this clause 8 survive the expiry or termination for whatever reasonof this ILUA.

9.2

9.3

Communications

Writing requiredSubject to this ILUA, any notice, direction, request, response, consent, approval,demand, report or other communication (communication) to be given under thisILUA will be in writing and be addressed for the attention of the representative(s) ofthe party or parties as set out in Schedule 2.

Manner of givingA communication may be delivered by hand, sent by prepaid post or sent byfacsimile or other electronic transmission to the address of the party or parties towhich it is being given and is deemed to have been received:

(a)(b)(c)

if delivered by hand, upon delivery;if sent by post, 3 days after posting; andif sent by facsimile or other electronic transmission, on receipt by the senderof a confirmation report.

Change of detailsDetails specified in Schedule 2 in respect of a party may be changed by the party bynot less than 7 days' notice to the other parties.

lo. Warranties and Authority

10.1

3357883V1

Native title warranties

(a) The Kaurna and KYAC each represents and warrants to the other parties tothis ILUA that:(i) the Kaurna are (as at the date of execution of this ILUA by all of the

parties) the registered native title claimants (as defined in the Native

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10.2

(b)

(ii)

(iii)

Title Act) in relation to land and/or waters in the ILUA area andmade the native title claim on behalf of the native title claim group;the native title claim group has established KYAC and has authorisedit to manage the native title claim and all matters relating to thenative title claim on behalf of the native title claim group;KYAC enters into this ILUA in the performance of its functions ofmanaging the asserted traditional ownership and native title inrelation to the land and waters in the ILUA area and all mattersrelating to them; and

(iv) by signing this ILUA KYAC confirms that it has been authorised bythe Kaurna to enter into this ILUA on behalf of the native title claimgroup.

The Heritage Association represents and warrants to the other parties to thisILUA that:(i)

(ii)

(iii)

it represents and, in accordance with Aboriginal tradition, has theauthority to speak for, and is authorised to enter into this ILUA onbehalf of, the traditional owners and other Aboriginal People who, inaccordance with Aboriginal tradition, have the authority to speak forland and waters in the ILUA area;it enters into this ILUA in the performance of its functions ofmanaging the asserted traditional ownership and heritage in relationto the land and waters in the ILUA area and all matters relating tothem; and

by signing this ILUA it confirms that it has been authorised by thetraditional owners and other Aboriginal People who, in accordancewith Aboriginal tradition, have the authority to speak for land andwaters in the ILUA area to enter into this ILUA on their behalf.

Other Warranties

Each party represents and warrants to the other parties to this ILUA that:(a) it has the power to enter into this ILUA and perform its obligations under it;

and

(lo) the persons who have executed this ILUA on its behalf have the necessaryauthority to do so.

11. Native Title Act Statements

11.1 Future ActsThe parties:(a) agree to the validation of all future acts done by any of the Councils that have

already been done invalidly within the ILUA area before the registrationdate; and

(b) consent, subject to clause 11.4, to each of the Councils doing each future actwithin the ILUA area during the period commencing on the registration dateand continuing thereafter for the remainder of the term. Such consent doesnot imply permission by the traditional owners to do an act which in whole

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11.2

11.3

11.4

11.5

11.6

or part may affect any Aboriginal site, object or remains and that wouldotherwise amount to a contravention of the Aboriginal Heritage Act.

No right to negotiate procedures(a)

(b)

The parties agree that the right to negotiate procedure is not intended toapply to the doing of any future act by any Council within the ILUA areaduring the period commencing on the registration date and continuingthereafter for the remainder of the term.For the purposes of this clause 11.2 the fight to negotiate proceduremeans the procedures described in Part 2, Division 3, Subdivision P of theNative Title Act and includes any alternative provisions having effect inSouth Australia instead of that subdivision.

Non-Extinguishment PrincipleThe non-extinguishment principle as defined in section 238 of the Native Title Actapplies to each validated future act referred to in clause 11.x(a) and each future actreferred to in clause 11.1(b), done by any Council within the ILUA area.

Consent Conditional on Compliance with Clauses 3 and 4The consent of the parties in clause 11,1(10) in relation to the doing of any future actis conditional on a Council complying with the provisions of clauses 3 and/or 4which are applicable to the relevant future act.

Other Native Title HoldersThe parties acknowledge and agree that this ILUA is binding pursuant to section24EA(1)(b) of the Native Title Act on all persons holding native title in relation toany of the land and/or waters in the ILUA area who are not members of the Kaurnanative title claim group in the same way as the native title group (as defined insection 24CD(2) or (3) of the Native Title Act).

Acknowledgment regarding CompensationKaurna acknowledges and agrees that:(a)

(b)

any amounts payable and any benefits provided under or pursuant to thisILUA to the Kaurna do not constitute satisfaction of any compensation rightsor entitlement to which the Kaurna would be entitled whether under theNative Title Act, common law, equity, any other statute or otherwise inrespect of any act affecting the native title rights and interests of the Kaurnadone by the State of South Australia or by the Councils prior to or after thecommencement date of this ILUA;the State of South Australia is solely liable for any and all compensationrights or entitlement to which the Kaurna are entitled whether under theNative Title Act, common law, equity, any other statute or otherwise inrespect of any, act affecting the native title rights and interests of the Kaurnadone by the Councils prior to or after the commencement date of this ILUA;and

(c) the amounts and benefits provided under or pursuant to this ILUA to theKaurna are not compensation, for the purposes of section 24EB of the NativeTitle Act.

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11-7 Application Survival

The provisions of clauses 11.6 survive the removal of the details of this ILUA fromthe register for whatever reason and the termination of this agreement and remainin those circumstances binding on:(a) all persons bound by this ILUA; and(b) all persons entitled to any of the benefits under this ILUA.

12. Registration

12.1

12.2

Application of ILUA

The parties state that:(a) this ILUA applies to the ILUA area; and(b) this ILUA is intended to be registered on the register as an area agreement

under sections 24CA to 24CL of the Native Title Act and regulation 7 of theNative Title (Indigenous Land Use Agreements) Regulations 1999 (Cth).

Application for Registration(a) The parties authorise and request the LGA to apply to the registrar for this

ILUA to be registered and entered on the register as an area agreementpursuant to sections 24CA to 24CL of the Native Title Act and regulation 7 ofthe Native Title (Indigenous Land Use Agreements) Regulations 1999 (Cth).

(b) For the purposes of registering and entering this ILUA on the register asreferred to in clause 12.2(a) the parties request SANTS to certify inaccordance with the Native Title Act the application to the registrar referredto in clause 12.2(a).

12.3 Best endeavours

Each of the parties agrees to use its best endeavours to obtain the registration of thisILUA as soon as practicable after the commencement date.

12.4 Removal from Register(a)

(b)

All of the parties may request the registrar pursuant to section 199C(1)(e)(ii)of the Native Title Act to remove the details of this ILUA from the register byadvising the registrar in writing that they wish to terminate this ILUA.The parties acknowledge that the registrar is required to remove the detailsof this ILUA from the register in the circumstances set out in sections199C(1)(b), (c)(i) and (c)(iii) of the Native Title Act.

(c)

(d)

Upon details of this ILUA being removed from the register the provisions ofclause 11.1(b) cease to apply to any future act done after that removal.The provisions of clauses 12.4(a), (b) and (e) survive the expiry ortermination for whatever reason of this ILUA.

12.5 Registered Native Title Body Corporate(a) If a determination of native title is made in respect of the whole or any part

of the ILUA area and a registered native title body corporate is determined to

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12.6

(b)

(c)

hold the rights and interests from time to time comprising the native title intrust for the native title holders the Kaurna and KYAC must use their bestendeavours to ensure that the registered native title body corporate:(i) becomes a party to this ILUA in substitution for the Kaurna in

relation to the whole or relevant part of the ILUA area in respect ofwhich the native title body corporate is determined to hold native titlein trust; and

(ii) assumes the rights and obligations of the Kaurna under this ILUA inrelation to the whole or that part of the ILUA area.

The parties (other than the Kaurna) to this ILUA consent to the registerednative title body corporate becoming a party to this ILUA and assuming therights and obligations of the Kaurna in accordance with clause 12.5(a)(ii).

Each of the parties to this ILUA must sign such documents as are necessaryto give effect to the provisions of this clause 12.5.

Heritage Body

(a) If a body other than the Heritage Association becomes responsible forprotecting and preserving Aboriginal sites, objects and remains within theILUA area of significance to the Kaurna, the Kaurna and the HeritageAssociation must use their best endeavours to ensure that such body:

(i) becomes a party to this ILUA in substitution for the HeritageAssociation; and

(ii) assumes the rights and obligations of the Heritage Association underthis ILUA.

Co) The parties (other than the Heritage Association) to this ILUA consent suchbody becoming a party to this ILUA and assuming the rights and obligationsof the Heritage Association in accordance with clause 12.6(a)(ii).

(c) Each of the parties to this ILUA must sign such documents as are necessaryto give effect to the provisions of this clause 12.6.

13. GSTThe parties agree that, if a goods and services, value-added or a comparable tax(GST) applies under the "A New Tax System (Goods and Services Tax) Act 1999" orassociated legislation (GST legislation) in relation to any taxable supply (withinthe meaning of the GST legislation) (taxable supply) made by a party (supplier)

to another party (recipient) under or pursuant to this ILUA:

(a) the amount payable by the recipient to the supplier in respect of the taxablesupply (payment) does not include GST;

(b) the supplier may, in addition to the payment, recover from the recipient (andthe recipient will pay to the supplier) an additional amount on account of theGST, such additional amount to be calculated in accordance with the GSTlegislation; and

(c) the supplier will provide to the recipient a tax invoice (within the meaning ofthe GST legislation) in respect of the taxable supply as required by the GSTlegislation.

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14. General

14.1 Entire agreementThis ILUA contains the entire agreement between the parties with respect to itssubject matter and supersedes all prior agreements and understandings between theparties in connection with it.

14.2 AmendmentNo amendment or variation of this ILUA is valid or binding on a party unless madein writing executed by all parties to it.

14.3 SeverabilityEach word, phrase, sentence, paragraph and clause (provision) of this ILUA isseverable and if a court determines that a provision is unenforceable, illegal or voidthe court may sever that provision which becomes inoperative and such severancewill not affect the other provisions of this ILUA.

14.4 Force MajeureIf any party becomes wholly or partly unable because of a force majeure event toperform any of its obligations under this ILUA, then the party affected by the forcemajeure must give the other parties notice of the force majeure event specifying:(a) details of the force majeure event;(b) insofar as it is known, the probable scope of the force majeure event; and(c) insofar as it is known, the probable duration for which it will be unable to

perform the relevant obligation,and the relevant obligation shall be deemed to be suspended, but:(d) the suspension shall be of no greater scope nor longer duration than the

consequences of the relevant force majeure event; and(e) the party affected by the force majeure event must use all reasonable

endeavours to counter it or to otherwise remedy its inability to perform.

14.5 No waiver(a)

Co)

(c)

No failure to exercise nor any delay in exercising any right, power or remedyby a party operates as a waiver.

A single or partial exercise of any right, power or remedy does not precludeany other or further exercise of that or any other right, power or remedy.A waiver is not valid or binding on the party granting that waiver unlessmade in writing.

14.6 Minister's Discretion

Nothing in this ILUA fetters the discretion of any Minister of the Crown in the rightof South Australia.

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14.7 Further assurancesEach party agrees to do all things and sign all documents necessary or desirable togive full effect to the provisions of this ILUA and the transactions contemplated byit.

14.8 No merger -(a) The rights and obligations of the parties will not merge on the completion of

any transaction contemplated by this ILUA.(b) Those rights and obligations will survive the execution and delivery of anyassignment or other document entered into for the purpose of implementing

a transaction.

14.9 Indices

(a) If the CPI index or the WPI index ceases to be published or the basis uponwhich the CPI index or the WPI index is calculated is changed to such amaterial extent that it is no longer appropriate to be used, the Committeemust meet to endeavour to determine another appropriate index or indiceswith the intention that none of the parties will be disadvantaged or benefit bythe substitution.

(b) If the Committee is unable to make a determination under clause x4.9(a),then any party may request the President for the time being of the Instituteof Actuaries of Australia or that person's nominee to provide (on the basisthat none of the parties will be disadvantaged or benefit thereby) alternativefigures or indices which will be equivalent to the CPI index or the WPI index,as applicable, and such figures or indices will then for the purposes of thisclause 14.9 be deemed to be the CPI index or the WPI index and be bindingon the parties.

14.1o Governing law and jurisdiction(a) This ILUA is governed by the laws of South Australia.(b) Each party submits to the non-exclusive jurisdiction of courts exercising

jurisdiction in South Australia in connection with matters concerning thisILUA.

14.21 Relationship

(a)(b)

(c)(d)

The relationship between the parties is that of independent contractors.The parties are not partners, joint venturers nor, subject to clause 14.11(c),principal and agent.The Heritage Association and KYAC are each an agent of the Kaurna.The Councils acknowledge and agree that in receiving any communicationand doing anything pursuant to clauses 3, 4 and 5 the ILUAadministrator(s):(i) act as the agent of KYAC and/or the Heritage Association, asapplicable; and(ii) are subject to the exclusive direction and control of KYAC and/or the

Heritage Association, as applicable.

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x4.x2 Counterparts

This ILUA may be executed in any number of counterparts and all counterparts whenexchanged will be taken to constitute one document.

Signed by Garth Agiusfor and on behalf of theKaurna Peoples Native Title Claim Groupin the presence of:

°°.,° Witness

))

)

,°°. ,°.° o.° °°,°°Name of Witness

Signed by Vinee Buckskinfor and on behalf of theKaurna Peoples Native Title Claim Groupin the presence of:

• °°°.° ..°°Witness

))

°.°° ,°, •°.

)

°°, ° oo°°.o, ,.• Name of Witness

Signed by Lynette Crockerfor and on behalf of theKaurna Peoples Native Title Claim Groupin the presence of:

*°'* " " " *°" • •, Witness

))

.° °°° • •)

°°°° ° ° °°o °°°.°°°**°°Name of Witness

Signed by Phillip Daviesfor and on behalf of theKaurna Peoples Native Title Claim Groupin the presence of:

°°°~ °°°• Witness

))

°°'° *, •~

• )

°°•, •,• • ° ° Name of Witness

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Signed by Cecil Grahamfor and on behalf of theKaurna Peoples Native Title Claim Groupin the presence of:

))

)° • • °

Witness

Name of Witness

Signed by Carroll Karpanyfor and on behalf of theKaurna Peoples Native Title Claim Groupin the presence of:

))

,°°°°

)

Witness

*°°° •

Name of Witness

Signed by Shirley Lampardfor and on behalf of theKaurna Peoples Native Title Claim Groupin the presence of:

))

,•°°

)

°°• • • ° Witness

°

Name of Witness

Signed by Joseph Mitchellfor and on behalf of theKaurna Peoples Native Title Claim Groupin the presence of:

))

)

Witness

Name of Witness

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Signed by Rodney O'Brienfor and on behalf of theKaurna Peoples Native Title Claim Groupin the presence of:

))

)

Witness

Name of Witness

Signed by Gleniee Sumnerfor and on behalf of theKaurna Peoples Native Title Claim Groupin the presence of:

))

o

)

..°

Witness

o

Name of Witness

Signed by Frank Wanganeen,for and on behalf of theKaurna Peoples Native Title Claim Groupin the presence of:

)))

°°°°° ° ° )

° ° ° Witness

°

Name of Witness

Signed by Maureen Wanganeenfor and on behalf of theKaurna Peoples Native Title Claim Groupin the presence of:

))

°

)• ° ° ° °°°.

Witness

°°.,

Name of Witness

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Signed by Georgina Williams,for and on behalf of theKaurna Peoples Native Title Claim Groupin the presence of:

))

,•

)• ,.°°• •

Witness

° • ° ° °

Name of Witness

The Common Seal of the Kaurna Yerta )Aboriginal Corporation was hereunto affixed" )in accordance with its constitution )in the presence of: )

Chairperson• ••,°°°•,,,°°,•

Member

• ••, °,• •o • °°, °•,°

Name• °, °•°°°•°°°°°°

Name

• • ° •°°°°°°°°°°.°

Member° ° °°.

Member

• ° ° °.,° ° o°°

Name° •••°°°°•°,

Name

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The Common Seal of Kaurna )Nation Cultural Heritage Association )Incorporated was hereunto affixed )

in accordance with its constitution )in the presence of:

°°°°°°°°°°°°°°°°°

Chairperson° ° ° °°

Member

° ° °°°°°°°°°°°°°°°°.

Name,° °°°°°°°°°°°°° °

Name

° °°°°°°°°°° Member

° ° Member

° ° ° °°°°°°

Name° °°°°°°°°°°°°°°°

Name

Executed by )Adelaide City Council pursuant to a )resolution of the council passed at )on 2013 )

° ° ° °°°°°°°°°°° Mayor

°° °,°°°°,°

Chief Executive

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Executed byAdelaide Hills Council pursuant to aresolution of the council passed aton 2013

))))

° °°°°° Mayor

°°

Chief Executive

Executed byAlexandrina Council pursuant to aresolution of the council passed aton 2o13

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3357883 V1 Page 38

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Executed byCity of Holdfast Bay pursuant toaresolution of the council passed aton 2o13

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Executed by City of NorwoodPayneham and St Peters pursuant to aresolution of the council passed aton 2o13

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Executed by City ofPort Adelaide Enfield pursuant to aresolution of the council passed aton 2013

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Executed byCity of Tea Tree Gully pursuant to aresolution of the council passed aton 2013

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Schedule 1 - ILUA Area

That geographical area of land and waters within the outer boundaries of the geographicalarea of land and waters comprised in, and the subject of, the native title application knownas the Kaurna Peoples native title claim SC oo/1 recorded as native title determinationapplication no. SAD 6ooi/oo in the Federal Court of Australia

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Schedule 2 -- Notice Details

1° Kaurna Peoples native title claim groupAddress: Campbell Law

Level 5, ~8-2o Grenfell StreetAdelaide SA 5ooo

Tim Campbell

(08) 841o 1844

N/A

[email protected]

Attention:

Telephone No:

Facsimile No.:

e-mail:

2. Kaurna Yerta Aborigioal Corporation

b.

Any communication pursuant to clauses 3.1(a), 3.6, 3.7(a)(iii), or 5.1:Address: c/o the ILUA administrator

Local Government HouseGround Floor148 Frome StreetAdelaide SA 5o00

Attention: the ILUA administrator

Any communication other than a communication pursuant to clauses3.1(a), 3.6, 3.7(a)(iii) or 5.1:Address: Campbell Law

Level 5, 18-2o Grenfell StreetAdelaide SA 5000

Attention: Tim Campbell

Telephone No: (08) 841o 1844

Facsimile No.: N/A

e-mail: [email protected]

3357883 V1 Page47

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a.

Kaurna Nation Cultural Heritage Association

Any communication pursuant to clauses 3.1(a), 3.6, 3.7(a)(iii), 4.12 or5.1:Address: c/o the ILUA administrator

Local Government HouseGround Floor148 Frome StreetAdelaide SA 5ooo

Attention: the ILUA administrator

Any communication other than a communication pursuant to clauses3.1(a), 3.6, 3.7(a)(iii), 4.12 or 5.1:Address: Camatta Lempens

Level 1345 King William StreetAdelaide SA 50oo

Attention: Stephen Kenny

Telephone No: (08) 841o o211

Facsimile No.: (08) 841o o566

e-mail: [email protected]

4. COUNCILS

Council:

Address:

Attention:

Telephone No:

Facsimile No:

Adelaide City Council

Town Hall128 King William StreetAdelaide SA 5oo0

e-mail:

3357883 V1 Page 48

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Council:

Address:

Attention:

Telephone No:

Facsimile No:

e-mail:

Council:

Address:

Attention:

Telephone No:

Facsimile No:

e-mail:

Council;

Address:

Attention:

Telephone No:

Facsimile No:

e-mail:

Adelaide Hills Council

28 0nkaparinga Valley RoadWoodside SA 5244

Alexandrina Council

11 Cadell StreetGoolwa SA 5214

The Barossa Council

43-51 Tanunda RoadNuriootpa SA 5355

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Council:

Address:

Attention:

Telephone No:

Facsimile No:

e-mail:

Council:

Address:

Attention:

Telephone No:

Facsimile No:

e-mail:

Council:

Address:

Attention:

Telephone No:

Facsimile No:

e-mail:

Campbelltown City Council

172 Montacute RoadRostrevor SA 5073

City of Burnside

4ol Greenhill RoadTusmore SA 5065

City of Charles Sturt

72 Woodville RoadWoodville SA 5Oll

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.Council:

Address:

Attention:

Telephone No:

Facsimile No:

e-mail:

Council:

Address:

Attention:

Telephone No:

Facsimile No:

e-mail:

Council:

Address:

Attention:

Telephone No:

Facsimile No:

e-mail:

City of Holdfast Bay

24 Jetty RoadBrighton SA 5o48

City of Marion

245 Sturt RoadSturt SA 5047

City of MitCham

131 Belair RoadTorrens Park SA 5062

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Council:

Address:

Attention:

Telephone No:

Facsimile No:

e-mail:

Council:

Address:

Attention:

Telephone No:

Facsimile No:

e-mail:

Council:

Address:

Attention:

Telephone No:

Facsimile No:

e-mail:

City of Norwood Payneham and St Peters

175 The ParadeNorwood SA 5o67

City of Onkaparinga

Ramsay PlaceNoarlunga Centre SA 5168

City of Playford

10 Playford BoulevardElizabeth SA 5112

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Council:

Address:

Attention:

City of Port Adelaide Enfield

163 St Vincent StreetPort Adelaide SA 5o15

Telephone No:

Facsimile No:

e-mail:

Council:

Address:

Attention:

Telephone No:

Facsimile No:

e-maih

City of Prospect

128 Prospect RoadProspect SA 5082

Council:

Address:

Attention:

Telephone No:

Facsimile No:

e-maih

City of Salisbury

12 James StreetSalisbury SA 5108

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Council:

Address:

Attention:

Telephone No:

Facsimile No:

e-mail:

Council:

Address:

Attention:

Telephone No:

Facsimile No:

e-mail:

Council:

Address:

Attention:

Telephone No:

Facsimile No:

e-mail:

City of Tea Tree Gully

571 Montague RoadModbury SA 5092

The City of Unley

181 Unley RoadUnley SA 5o61

City of Victor Harbor

1 Bay RoadVictor Harbor SA 5211

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Council:

Address:

Attention:

Telephone No:

Facsimile No:

e-mail:

Council:

Address:

Attention:

Telephone No:

Facsimile No:

e-mail:

Council:

Address:

Attention:

Telephone No:

Facsimile No:

e-mail:

City of West Torrens

165 Sir Donald Bradman DriveHilton SA 5o33

Clare and Gilbert Valleys Council

4 Gleeson StreetClare SA 5453

Corporation of the Town- of Walkerville

66 Walkerville TerraceGilberton SA 5o81

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Council:

Address:

Attention:

Telephone No:

Facsimile No:

e-mail:

District Council of Mallala

2A Wasleys RoadMallala SA 5502

Council:

Address:

Attention:

Telephone No:

Facsimile No:

e-mail:

The District Council of Mount Barker

6 Dutton RoadMount Barker SA 5251

Council:

Address:

Attention:

Telephone No:

Facsimile No:

e-mail:

District Council of Yankalilla

1 Charles StreetYankalilla SA 5203

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Council:

Address:

Attention:

Telephone No:

Facsimile No:

e-mail:

Council:

Address:

Attention:

Telephone No:

Facsimile No:

e-mail:

Council:

Address:

Attention:

Telephone No:

Facsimile No:

e-mail:

Light Regional Council

93 Main StreetKapunda SA 5373

Town of Gawler

89 Murray StreetGawler SA 5118

Wakefield Regional Council

Scotland Place

• Balaklava SA 5461

3357883 V1 Page 57

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Schedule 3 - Fund Contributions

Council

Adelaide City Council

Adelaide Hills Council

Alexandrina Council

The Barossa Council

City of Burnside

Campbelltown City Council

City of Charles SturtClare & Gilbert Valleys Council

Town of Gawler

City of Holdfast BayLight Regional Council

District Council of Mallala

City of MarionCity of Mitcham

District Council of Mount BarkerCity of Norwood Payneham & St Peters

City of Onkaparinga

City of Playford

City of Port Adelaide EnfieldCity of ProspectCity of Salisbury

City of Tea Tree GullyCity of Unley

City of Victor HarborWakefield Regional Council

Corporation of the Town of Walkerville

City of West TorrensDistrict Council of Yankalilla

Total

Contribution To Fund $)

23,030.045,o89.16

4,903.204,261.O1

5,185.97

4,634.12

13,365.69

2,376.o6

2,764.06

7,615.4o2,294.89

1,234.63

9,746.58

6,736.89

4,9o7.71

4,903.2024,773.83

lO,19o.64

14,681.o52,578.25

13,972.86

lO,216.35

5,5O3.46

2,841.93

1,581.441,o78.14

8,043.23

1,49o.192007000

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Schedule 4 - Matters for the Committee

(a) repatriation and reburial of ancestral remains;

(b) database of sensitive sites/areas and cultural mapping;

(c) development and use of the Kaurna language;

(d) Kaurna cultural and history awareness programmes;

(e) joint management of Kaurna sites;

(f) seeking funding for Kaurna sport programmes; and

(g) seeking funding for scholarships and traineeships.

3357883 V1 Page 59

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REPORT ATTACHMENT 2 – MAP THE KAURNA CLAIM AREA

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REPORT ATTACHMENT 3 – COUNCIL FUNDING FOR MANAGEMENT OF INDIGENOUSE LAND USE AGREEMENT AND OPERATION OF LIAISON COMMITTEE Council

Contribution To Fund ($)

Adelaide City Council 23,030.04 Adelaide Hills Council 5,089.16 Alexandrina Council 4,903.20 The Barossa Council 4,261.01 City of Burnside 5,185.97 Campbelltown City Council 4,634.12 City of Charles Sturt 13,365.69 Clare & Gilbert Valleys Council 2,376.06 Town of Gawler 2,764.06 City of Holdfast Bay 7,615.40 Light Regional Council 2,294.89 District Council of Mallala 1,234.63 City of Marion 9,746.58 City of Mitcham 6,736.89 District Council of Mount Barker 4,907.71 City of Norwood Payneham & St Peters 4,903.20 City of Onkaparinga 24,773.83 City of Playford 10,190.64 City of Port Adelaide Enfield 14,681.05 City of Prospect 2,578.25 City of Salisbury 13,972.86 City of Tea Tree Gully 10,216.35 City of Unley 5,503.46 City of Victor Harbor 2,841.93 Wakefield Regional Council 1,581.44 Corporation of the Town of Walkerville 1,078.14 City of West Torrens 8,043.23 District Council of Yankalilla 1,490.19 Total

$200,000

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N O T I C E OF MOTION

2013 ANNUAL GENERAL MEETING

NAME OF COUNCIL:

NOTICE OF MOTION:

REASON:

SUGGESTED ACTION:

NOTICES OF MOTION TO BE SUBMITTED TO THE

LOCAL GOVERNMENT FINANCE AUTHORITY OF SOUTH AUSTRALIA OFFICE

ON OR PRIOR TO FRIDAY 23 AUGUST 2013

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2411 June, 2013

James and Nicole Moxham 225 Olave Hill Road Hawthorndene, SA, 5051

His Worship the Mayor Michael Picton City of Mitcham 131 Belair Road, Torrens Park SA 5062

Dear Mayor Picton,

25J0A1 2013

ZHAM

I am writing to thank all those involved with the recent improvements to Olave Hill Road. This was completed recently with grading and a spray seal. The previous unsealed road became potholed quite rapidly with winter rains, but the new sealed road has had no problems at all with the recent rain and consequent run-off.

Other residents along the road have also been very pleased with the recent upgrade.

Would you be so kind as to convey our thanks and gratitude to those responsible for the decision, as well as to those who organised the sealing?

In addition, if this is appropriate, I would be most grateful if you could mention this letter of thanks to Councillors at the next Council Meeting.

Once again, thank-you on behalf of the residents of Olave Hill road.

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PREM1 3D02731

Mr Michael Picton -5 J04 ''(

M Mayor City of Mitcham P0 Box 21 Mitcham Shopping Centre TORRENS PARK SA 5062

Dear Mayer t ' c c7c:AQ e.. (.1

40

Hon Jay Weatherill MP Premier of South Australia

Thank you for your letter of 7 June 2013, seeking support for a change in legislation to reduce the emission of mercury from crematoria. I am also responding on behalf of the Minister for Agriculture, Food and Fisheries, the Hon Gail Gago MLC and the Minister for Sustainability, Environment and Conservation, the Hon Ian Hunter MLC.

The Environment Protection Authority (EPA) licenses crematoria businesses under the Environment Protection Act 1993. I am advised that the EPA undertook an audit of all crematoria in South Australia in 2008. A summary of the audit findings is attached and is also available at the EPA website: www.epa.sa.qov.au/businesses/research and reports.

European trends to reduce mercury emissions from crematoria were considered in the audit, as well as a range of pollutants emitted from crematoria including mercury. It was established that while mercury emissions are likely to increase in the short term, they will decrease over the long term as the next generation is expected to have fewer dental cavities filled with mercury amalgam.

The audit concluded that further control of mercury emissions from crematoria is not warranted in South Australia.

In addition, the South Australian 2011-12 National Pollution Inventory data indicates a total of 129 kilograms of mercury (and compounds) was emitted to air, of this, a total of five kilograms could be attributed to crematoria.

The EPA will continue to ensure crematoria processes and emissions are managed in line with EPA environmental authorisations.

Yours s

Jay Wèatherill PREMIER

-Z 1)/ 2013

Cc: The Hon Gall Gago MLC, Minister for Agriculture, Food and Fisheries The Hon Ian Hunter MLC, Minister for Sustainabiity, Environment and Conservation

Office of the Premier

Sta le Admin is t ra t ion Cen t re 2 0 0 Victor ia S q u a r e Ade la ide S o u t h Ai i ,dral ia 0 0 0 0 GPO) B o x 2 3 1 3 Ade la ide S A 50:

T e l e p h o n e +61 8 8 4 6 3 3 1 6 6 F a c s i m i l e +61 8 8 4 6 3 3 1 6 8 www.premiersa.gov.au

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M A Y O R ' S OFFICE

15 July 2013

CC: Mayor Michael Picton City of Mitcham

Ian Hunter MLC Minister of Sustainability, GPO Box 1047 Adelaide SA 5001

Dear Mr Hunter,

RE: Ref 13SEC0781

T H E C I T Y of

Environment and Conservation

Thank you for your letter in relation to the emission of mercury from crematoria. As you know, Unley along with Mitcham is the custodian of the Centennial Park Cemetery Authority (CPCA) and therefore has a keen interest in this matter.

Unley will pass your letter and attached information onto the board and CEO of CPCA for their consideration.

Again, thank you for your and your departments for your consideration in the matter thus far. We look forward to continuing to work with you and your department in order to ensure that the best and possible minimum standards are adhered to across South Australia as we believe that are at CPCA.

Sincerely,

C I T Y o f VILLAGES Civic Centre 181 lJnIey Road Unley, South Australia 5061 Postal P0 Box 1 Unley, South Australia 5061

Telephone (08) 8372 5111 Facsimile (08) 8271 4886 Email [email protected] Website www.unley.sa.gov.au

mayor City of Unley

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Government of South Australia

Ref: 13SEC0781

Mayor Lachlan Clyne City of Unley PO Box 1 UNLEY SA 5081

Dear Mqy4Crr Clyne

Office of the Minister for Sustairabllit Environnient and Conservation Minister for Water and the River Murray Minister for Aboriginal Affairs and Reconciliation 9th Floor, Chesser House 91-97 Grenfeil Street Adelaide SA 5000 GPO Box 1047 Adelaide SA 5001 DX 138 Tel 08 8463 5680 Fax 08 8463 5681 minister,huntersa gov.au

Thank you for your letter dated 10 May 2013, regarding Council concerns over the emission of mercury from crematoria.

The Environment Protection Authority licenses crematoria businesses under the Environment Protection Act 1993. 1 am advised tha t the EPA undertook an audit of all crematoria in South Australia in 2008. A summary of the audit findings is attached for your reference and is also available 'via the EPA website at www.epa.sa.gov.au/businesses/research and reports/audit of crematoria _insa

The audit considered a range of pollutants emitted from crematoria, including mercury. It was established tha t while mercury emissions are likely to increase in the short term, they will decrease over the long term as the next generation is expected to have fewer dental cavities filled with mercury amalgam.

The audit concluded that further control of mercury emissions from crematoria is not warranted in South Australia.

In addition, the South Australian 2011-12 National Pollution Inventory data indicates a total of 129 kilograms of mercury (and compounds) was emitted to air; of this a total of 5 kilograms could be attributed to crematoria.

The EPA will continue to ensure crematoria processes and emissions are managed in line with EPA environmental authorisations. I appreciate the time you have1 oui thoughts to me regarding this matter and t rust this infoso sl

Yours sincerely

(s'c 16 JUL 2013

!ITCHP IAN HUNTER MW Minister for Sustainability, Environment and Conservation

2013 Recycled

Iandcare C . . . ICOCIN Australia FSC

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EPA South Australia;: Audit o f crematoria in SA

South ':

Home Businesses e Research & reports Audit of crematoria in SA

Introduction

Page 1 of 2

In South Australia, the EPA regulates the environmental impacts from crematoria. Under the Environment Protection Ac! 1993, the cremation of bodies is classified as an activity of environmental significance which requires environmental

authorisation in the form of an EPA licence

From May to November 2008, the EPA conducted an audit of the crematoria sector in response to a query from an industry consultant.

The consultant questioned why the EPA focused on emission limits for medical waste incinerators but did not focus on emission limits to the same extent for crematoria

In response to this, the EPA audited all 10 crematoria within South Australia (both human and pet). The audit involved a review of the cremator's compliance with their current licence conditions and legislation administered by the EPA.

The audit helped the EPA to develop a consistent approach to regulating crematoria and determine the levels 01

compliance within the industry sector

The process of cremation Remains are cremated in a primary chamber at high temperature using natural gas and excess air.

The exhaust gases from the primary chamber are fully combusted in a secondary chamber (afterburner), again using

natural gas.

The temperature and residence time in the secondary chamber are selected so that full combustion occurs. This ensures

no smoke and/or odour are emitted from the cremation process

Environmental issues associated with cremation During the cremation process, the following pollutants can be emitted such as particles (visible as smoke), odour,

greenhouse gases and nitrogen oxides

The 1 4 n t e x p I a n r y table (458 KB POF) details the potential pollutants emitted from the cremation process and shows

that it is important to optimise gas usage

While ensuring no smoke and odour emissions by using as little fuel gas as possible, the process will also reduce the

quantities of pollutants emitted to a minimum. This is because some pollutants (such as odour) require more natural gas to

ensure hilt combustion, while others (such as carbon dioxide, a greenhouse gas) increase with more gas usage.

The audit findings

• There is variability in the requirements regarding temperature and residence time in the afterburner/secondary

chamber and varying EPA monitoring requirements between each crematorium. These requirements vary from no

requirements to significant levels of stack emissions.

• International environmental measures include minimum temperature and residence time in the afterburner to reduce

smoke and odour emissions, restricting chlorinated materials and mercury reduction.

• Australian interstate crematoria are regulated by councils, not the EPA. In some states, the EPA provides input to

development applications

h t tp : / /www.epa.sa .gov .au Ibus inesses / rcscarch a n d rcports/audit o f c r e m a t o r i a i n sa 24/06/2013

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EPA South Australia Audit of crematoria in SA Page 2 of 2

• While each cremator is designed to operated differently, there were no visible smoke or odour emissions from any cremator

Where to from here?

The findings provided valuable information about the environmental performance of the crematoria sector within SA

As a result, the EPA is determined to improve the consistency of monitoring requirements for the sector This involves altering the requirements for each crematorium.

The requirements insist that there is no visible smoke or odour being emitted from a facility during normal operation. This will be assessed visually by

• checking records of online smoke measurement

• reviewing operating parameters such as temperature and residence time

• checking the operation in accordance with the manufacturers instructions

The requirements mean that while some facilities may increase the level of monitoring they conduct, others would not be

required to conduct monitoring to the extent as they have been previously

The requirements promote consistency within the crematoria sector and assist with ensuring that the minimum possible

amount of pollutants are emitted from the cremation process.

Last modified: 2710312012 1110 am

Did you find the information useful? Yes No

Environment

Protection Authority

c

http://www.epa.sa.govau!busincsscsiresearch and reports/audit of crernatoria_in sa 24106/2013

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Hon Gail Gago MLC

eAl 66845

Mr Michael Picton Mayor City of Mitcham P0 Box 21 Mitcham Shopping Centre TORRENS PARK SA 5062

e

Dear Mayyj,lon

Government of South Australia

Leader of the Government in the Legislative Council

Minister for Agriculture, Food and Fisheries

Minister for Forests

Minister for Regional Development

Minister for the Status of Women

Minister for State/Local Government Relations

Level 9 Terrace Towers 178 North Terrace Adelaide SA 5000

GPO Box 1671 Adelaide SA 5001 DX 667

Tel: (08) 8303 2926 Fax: (08) 8303 2533 Email: [email protected]

Thank you for your letter of 25 June 2013, regarding the disclosure of candidates' interests in Local Government elections.

I am pleased to advise that as a result of the State Ombudsman's recommendations, proposed amendments to the Local Government Elections Act 1999 will require a candidate's profile to contain the name of any political party, body or association formed for political purposes of which the candidate is a member, or has been a member, within the last twelve months.

On 26 June 2013, the proposed amendments were released for consultation as an LGA Circular. I refer you to LGA Circular 26.4 Proposed Amendments to the Local Government Act and Local Government Elections Act.

Your Council may wish to make a formal subrnssion on the disclosure of candidates' interests in Local Government elections through this mechanism.

Thank you for writing to me on this important matter.

Yours sincerely

MLC

I 2/2013

Printed on recycled paper using soy based inks

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Murray Darling Association Inc. www.mda.asn.au Email: [email protected] ABN: 64 636 490 493

Mr Matthew Pears Chief Executive Officer City of Mitcham P 0 Box 21 Mitcham Shopping Centre, Torrens Park SA 5062

July 4th 2013

Dear ( 7 7 a , t t L a n d

Mayor g Z L t /cL,1

(am writing to report to our member Councils on a meeting held at Dubbo this week between our Board and the Hon Craig Knowles, Chair, Murray Darling Basin Authority (MDBA). The meeting was to discuss what happens, now that the Basin Plan is law and implementation is underway. Our focus, and that of Local Government over the last three years has been responding to the Draft Plan; now it is time to understand our role and our opportunities during implementation.

Craig Knowles made it quite clear that if ever there was a time when the Murray Darling Association (MDA) was going to be relevant it was now. Local Government areas are crucial in representing Basin communities and the Association is the unifying force for the 100 Councils it represents.

Craig Knowles explained that the Authority is being re-organised to implement the plan over the coming years. They will be sending people from Canberra to talk with and engage communities. They need a 'bottom-up' approach and want Local Government to facilitate community ownership of projects and priorities. There will be a need for cross-border and bi-partisan work and Craig sees our Association as the only group capable of representing the whole Basin. He made it quite clear that if this Association did not exist he would have to invent such an organisation.

For the next ten years the Authority needs to build on the connection between our members and Governments. We cannot afford to relax now that the plan is being implemented. It is time to ensure our investment in creating the Plan pays off. For example, we will need to reduce constraints in the system. There will be opportunities for local Councils to be contracting entities in reducing these constraints, creating local employment.

I must point out that any close working relationship with the Authority does not mean we will not take up issues with vigour and assertiveness. This approach has always been part of our charter. We will continue to hold the Government and the Authority accountable for their investment promises and for the economic and social impacts of decisions.

Craig Knowles did comment on the asset management agreement signed by all States in 2011 which has been partially reneged on by SA and NSW Governments. This reduction in funding for maintenance of infrastructure, operations and security of dams, locks, weirs and barrages will be of concern to all Local Government bodies. This issue is now being examined by the Productivity Commission. We have already advocated for restoration of funding and will continue to do so.

For conservation and sustainable development South Australia

P 0 Box 75, Hilton Plaza SA 5033 14 Somerset Ave Hilton 5033

Phone: 08 8352 7761 Fax 08 8352 6780

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Murray Darling Association Inc. www.mda.asn.au Email: [email protected] ABN: 64 636 490 493

The Murray Darling Association's mission is to provide a focus for Local Government and Community participation in the major natural resource management issues of the Murray Darling Basin.

You are a vital part of this process by your ongoing membership and support. Thank you.

Yours Sincerely

Ken Rogers MDA National President

Attachments: - MDA Dot Point Summary

691h Annual Conference Notice

Annual Membership Renewal

For conservation and sustainable development South Australia

P 0 Box 75, Hilton Plaza SA 5033 14 Somerset Ave Hilton 5033

Phone: 08 8352 7761 Fax 08 8352 6780

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MDA Key Dotpoints - 3/7/13

1. The MDBA and the Plan are game changers for the Murray Darling Basin

2. Our Association recognises the need to work closely with the MDBA

3. Our structure is important to the MDBA in its relationship with Local Government.

4. The reach and representation of our Association is recognised and valued by the

MDBA.

5. The Association is a unifying force across boundaries

6. Our Association is non-political and has the distinction of being the honest broker.

7. The MDBA needs organised engagement and input.

8. Chairman Knowles noted that the MDA with its 100+ Council membership is a legitimate representative body.

9. We are a 'bottom-up' representative body.

10. The next ten years are critical to the success of Plan implementation

11. The MDBA will offer significant opportunities for investment and development in all

local jurisdictions

12. There is insufficient State funding for asset maintenance and management in the

Basin.

13. The security, condition and upkeep of locks, weirs and dams should be of concern to

LGAs and their communities.

14. The Freshwater Research centres are essential for ongoing improvement to river

health.

15. There will be opportunities for our Association to work with MDBA to deliver

projects and actions as a result of the implementation of the Plan.

Compiled from our meeting notes iune30th and July 1st 2013

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'Sharing our Basin's resources

- from the source to the mouth'

69th National Conference & Annual General Meeting of the Murray Darling Association Inc.

Goolwa South Australia 8— 11 October 2013

A L E X A N I ) k I N A

NT4100

Theme: The history of droughts in the Murray Darling Basin has taught us some salutary lessons with regards to water. There is an understanding that the future Basin's water resources are shrinking. The challenge of future droughts is for all users to find an improved social, economic and environmental balance from this shrinking resource both within and outside the Basin. This Conference aims to explore issues that have arisen due to recent droughts, and discuss how water innovation can

assist the management of this shrinking resource.

Invited Speakers: Hon Mark Butler MP - Minister for the Environment Protection, Heritage and the Arts Minister for Climate Change

The Hon Jay Weatherill MP - Premier of South Australia

The Hon. Craig Knowles - Chairman, Murray-Darling Basin Authority

Professor Martin Thorns - University of New England

Peter McLean - National Chairman, Keep Australia Beautiful

Ms Karlene Maywald -

Ms Sharon Starick -

Commission Chair, National Water Commission

SA Murray Darling Basin NRM Board

Mr David Harriss PSM - Deputy Director General & Commissioner, NSW Office of Water

Mr Shane Strudwick - Director Discover Murray - Winner Bendigo Bank Business Prize

Mr Adrian Wells - Murray Darling Association - World Environment Education Congress

School Children Presentation - Regional schools - A younger Perspective

Contact: Adelaide - Ph: 08 83527761 - Fax: 08 83526780 Albury- Ph: 02 6021 3655— Fax: 02 6021 2025

Texas - Ph Mob 0417 841539 Email - adminmda.asn.au or download registration form www.mda.asn.au

Conference Sponsors

ANO 11111101011

Tuesday 08/10/13 Wednesday 09/10/13

' p

MURRAY ,DARLING

AUTMOIPT!

Thursday 10/10/13

Friday 11/10/13

Saturday 12/10/13

Civic Reception Conference Day I

Lake's & Coorong Tour Annual Dinner Conference Day 2 &MDA-AGM

Regional Tour (Optional)

Signal Point Centenary Hall, Cadell Street

Bus / Boat exchange Goolwa Aquatic Centre

Centenary Hall, Cadell Street Fleurieu Peninsula / Encounter Bay

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CURRENT STATUS OF REPORTS REQUESTED FROM FULL COUNCIL AND COMMITTEES

FF/2913/1008

AS AT 17 JULY 2013

DATE NO REPORT OUTSTANDING PROGRESS DIRECTOR

10/5/05 13/5/08

7.3 6.1

CCS. Open Space/Reserve Management Plan Implementation Administration to develop a draft policy to address principles for guiding the prioritisation of capital improvements of existing management plans that relate to open space/reserve landholdings.

CCS. Development of a Citywide Recreation Space Plan Previously approved budgets to be reallocated. Report to be prepared for the CCS Committee in preparation for community consultation and final Recreation Space Plan to be presented to CCS Committee.

Draft Open Space Strategy, Recreation and Sport Strategy, Toilet Strategy, review of classification completed. First draft of documents scheduled to be completed by August 2013 after which an internal review will be undertaken for agreement with the Senior Management Team and then workshopped with Council.

WR

25/5/10 12.9 14.1

Section 270 Review - Colonel Light Gardens Internal Reserves Consultation to be undertaken with residents - as per minutes. Report to be prepared for Council following consultation.

Cr Hudson - CLG Conservation Management Plan That Council conducts a review of the CLG Conservation Management Plan and reports back to Council.

Step 1 of a 3-step review process for outstanding matters relating to community land in Colonel Light Gardens is underway (See full Council report dated 28 August 2012).

The latest report to Council on this matter is included in this Agenda. Completed.

CH

12/7/11 5.2 CCS Belair Community Centre – Public Consultation Result Endorsed negotiation of the lease with Belair Community Centre Inc.

Further report to be provided seeking approval of lease conditions as per resolution.

A community centres review is being incorporated into any lease arrangement, dependent on outcome of that review.

WR

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COUNCIL AND COMMITTEES 17 JULY, 2013 REPORTS OUTSTANDING

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DATE NO REPORT OUTSTANDING PROGRESS DIRECTOR

27/9/11 14.2 Mortlock Park - Practice Cricket Wickets Proposal by the CLG Primary School approved in principle. Further report to be provided to Council - as per minutes.

Step 1 of a 3-step review process for outstanding matters relating to community land in Colonel Light Gardens is underway (See full Council report dated 28 August 2012).

The latest report to Council on this matter is included in this Agenda

CH

28/2/12 18.2 Cr Adcock - Public Consultation - Renewal of Leases and Licences

A report to be brought back to Council which investigates the process of public consultation for renewal of leases and licences - as per Minutes. The extent and manner of the consultation to be carried out be detailed in further reports.

New lease policy being developed scheduled for August 2013.

WR

24/4/12 11.3 Mitcham Heritage Committee. Review of Mitcham Heritage Subsidy Policy Revised Heritage Subsidy Policy adopted as amended for incorporation in the Council’s Policy Manual.

Further report to be provided to Council which considers the feasibility and implications of heritage subsidies being considered for development application fees related to heritage listed buildings.

It is anticipated that a report will be tabled at the August meeting of the Mitcham Heritage Committee in conjunction with the annual review of the Mitcham Heritage Subsidy Policy.

CH

25/9/12 5.1 Petition - Request for Parking Controls in Woodland Road and Meadowvale Road, Springfield Subject to funding, Council agrees to re-open investigations. Further report to General Purpose Committee to consider funding and priority arrangements.

Review approved by Council.

The Traffic / Parking review has been completed. A report is being prepared the July 2013 General Purpose Committee.

HL

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DATE NO REPORT OUTSTANDING PROGRESS DIRECTOR

26/2/13 14.4 Technical Data Sheets - Colonel Light Gardens and Mitcham Village The draft Technical Data Sheets for Colonel Light Gardens and Mitcham Village be received for comment, and all feedback to be provided to Mr John Wiley, prior to a further report to the Mitcham Heritage Committee taking into account the comments.

Suggestions and comments from the Heritage Committee representatives have been considered and incorporated in the amended Technical Data Sheets.

A final review has been undertaken by the Technical Data Sheets Working Groups resulting in a report to the Heritage Committee on 20 May 2013 seeking recommendation to Council for approval.

HL

23/4/13 2.2 Hewett Sports Ground, Blackwood - Mobile Phone Tower Public consultation process to be undertaken to seek the views of the community and sporting clubs - as per Minutes. Administration to report to Council on the results of the consultation.

Consultation to be undertaken August / September 2013.

WR

28/5/13 6.5 Cr Hein - Opportunities for Development of Pool Facilities Council to engage schools and other organisations as to their willingness to make available current swimming facilities, etc.

Council to report back to Full Council to seek approval to submit a grant funding application if such a possibility arises.

Council does not currently commit to funding.

Refer to report in this Agenda.

Completed.

MD

28/5/13 11.2 Strategic Risk Register and Policy Framework Corporate Strategic Risk Register be updated by Management for the High Risk Categories 1-8 with any new and emerging risks to be brought back to the Audit Committee.

In progress. WR

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28/5/13 20.4 Balham Reserve Tennis Courts - Community Consultation Results Council approves the retention and upgrading of the 2 tennis courts and removal of one - as per Minutes. The community to be informed of Council’s decision. A further report be brought back to Council to approve the final proposals.

Council resolution to be advertised.

Discussion with Mercedes College planned.

HL

25/6/13 6.2 Cr Hein - Review of Full Council Meetings and General Purpose Committee Meetings - rescission motion General Purpose Committee to be dissolved as from 31 July 2013.

As from 1 August, Council holds 2 full council meetings on the second and fourth Tuesday of each month at 7.00 pm except December and January - as per Minutes. A Strategic Planning and Development Policy Committee to be created.

Report to be brought back to consider the Terms of Reference of the Strategic Planning and Development Policy Committee.

Noted.

Refer to report in this agenda regarding Terms of Reference for the Strategic Planning and Development Policy Committee.

Completed.

MD

25/6/13 17.1 Cr Munro - Stormwater Drainage - CC Hood Reserve Motion Without Notice to be put on notice for the Special Council Meeting to be held on 2 July 2013.

Motion included on 2 July 2013 agenda but later withdrawn by Cr Munro. Completed.

CEO

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RESOLUTIONS NOT YET EFFECTED FROM COUNCIL

AS AT 17 JULY 2013

DATE NO. RESOLUTION PROGRESS DIRECTOR

21/12/10 18.2 CONFIDENTIAL Newark Road - Taplin Corporation - Car Park Licence Action as per Minutes.

Still under negotiation.

WR

12/7/11 9.1 EES. Traffic Management – Blackwood Administration to continue following up with the Department for Transport, Energy and Infrastructure.

Awaiting DPTI report.

Staff have contacted DPTI again with regards to the now long overdue report.

HL

22/5/12 15.1 Mitcham Heritage Committee. Landscape Rectification – Sutton Gardens Mitcham Draft Master Plan and proposed stage 1 work endorsed.

Master Plan and Stage 1 plans to be referred for community consultation, subject to funding being made available in the budget.

Stage 1 included in draft 2013/14 Capital Works (New) program (subject to adoption of final budget). Budget been approved. Consultation will commence in August 2013.

HL

24/7/12 20.1 W A Norman Reserve, Mitcham - Use of Council Land Landowner of Lot 13 Brown Hill Creek Road, Mitcham to be requested to vacate the Council-owned portion of Norman Reserve occupied by the landowner and make good the land. Action as per Minutes.

Negotiations still being undertaken.

WR

28/8/12 19.1 Cr Weaver - Soldiers’ Memorial Gardens, Hawthorn - Bowling Greens The area previously used as the bowling greens at the Soldiers’ Memorial Gardens, Hawthorn continue to be incorporated and considered into the long term future plans for this entire reserve including for open space. No decision on the use of the area (previously used for bowling greens) until Council has finalised the long-term plan for the use of the Soldiers’ Memorial Gardens precinct.

Refer to Brown Hill Creek (Hawthorn Reserves) Reconstruction Master Plan report received by Council April 2013.

Completed.

HL

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DATE NO. RESOLUTION PROGRESS DIRECTOR

25/9/12 14.2 Council Property Asset Review - Allotments 341 and 342 Magdalene Terrace, Pasadena Council to proceed with the revocation process. Administration to advise all respondents of Council’s determination. Mayor and CEO to sign and seal the necessary documents.

Pending.

Consultation period to be re-run over 28 days when resources allow.

WR

23/10/12 12.9 Traffic Signals Upgrade - Edward Street/Winston Avenue, Melrose Park Proposed upgrading works (as per Minutes) endorsed and to be undertaken in the 22012/13 financial year.

Works completed. HL

27/11/12 15.1 Colonel Light Gardens - Review of State Heritage Guidelines Council to write to the Heritage Branch of the Department of Environment, Water and Natural Resources informing them of Council’s concerns with the Colonel Light Gardens State Heritage Area – Guidelines for Development document and advises that a detailed response will be forthcoming. Director to keep the Committee informed of the detailed response and seek comment from the committee members via email.

Letter sent to the State Heritage Branch 11 December 2012 informing of Council’s concern with the document and that further more detailed comments will be forthcoming.

Philip Knight and Christine Garnaut presently preparing comments.

CH

27/11/12 16.6 Grand Boulevard - Retaining Wall Failure Council approves the rebuilding of the retaining wall located at Grand Boulevard, Craigburn Farm. New capital funding be sought via the September 2012 budget review. Council staff to pursue options to recover the costs of rebuilding the retaining wall.

Contract awarded.

Forecast completion date now mid August 2013.

HL

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DATE NO. RESOLUTION PROGRESS DIRECTOR

18/12/12 12.3 Review of Council Insurance Asset insurance schedule be updated. Insurance premium required to be incorporated into the next budget review. Further investigation to be undertaken in relation to the insurance cover of sporting surface and road bridge asset categories and roadside assets in high risk bushfire areas.

In progress.

Updated Asset Insurance Schedule provided to insurer.

WR

26/2/13 6.2 Cr Greer - 13A Baldina Street, Eden Hills - Dispensation of Land Management Agreement - Rescission Motion Council to waive clauses 2.2 and 5.0 of the Land Management Agreement, with tree 1 to be retained and no further building works permitted. CEO authorised to execute the variation to the LMA.

Applications applicable to the waiver are under assessment.

Application for the retaining wall, cut and fill fencing and removal of trees has been granted Development Plan Consent with the proposal amended to be in line with the Recission Motion. Awaiting Building Rules Consent before the application can be Approved.

CH

26/2/13 13.3 Ayr Avenue Bridge, Torrens Park, Replacement Progress Council endorses replacement of the Ayr Avenue Bridge on a revised alignment. Council approves the rescheduling of the bridge replacement works across the 2012/13 and 2013/14 financial years. Staff requested to submit the bridge replacement project to the Brown Hill Keswick Creek Stormwater Management Project for funding as essential flood mitigation works under the Stormwater Management Plan - Part B Works.

Community concerns raised about traffic impacts. Consultants engaged to look at traffic issues. Project briefing required for Elected Members followed by community consultation.

Ongoing

HL

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DATE NO. RESOLUTION PROGRESS DIRECTOR

26/2/13 14.3 Development of Brochures - Work in Historic Conservation Areas - Mitcham Village, Belair Village, Kingswood Council proceeds with the amended printing and redistribution of the brochures, with distribution conducted by Mitcham Heritage Committee members.

Review of the wording on the brochures completed. Brochures ordered, awaiting delivery.

Completed.

CH

23/4/13 17.2 Federal and State Funding City of Mitcham to seek Federal and/or State commitments to projects as per Minutes. Council supports the development of promotional material to be utilised to promote the projects. Administration to organise meetings of candidates and potential Ministers to promote the projects - as per Minutes. Council to also approach other organisations.

In progress - meetings have been arranged to develop promotional material.

Ongoing.

CEO

28/5/13 20.3 11 Arcadia Court, Mitcham - Dispensation with Provision of Land Management Agreement Council does not waive clause 2.3 of the LMA to ensure that the tree is retained.

Applicant has been informed of Council’s Decision. Administration has requested the withdrawal of the DA. Completed.

CH

28/5/13 5.3 Petition - Brighton Parade, Blackwood Petition to be referred to the consultants undertaking the current traffic study in the Blackwood south area. Head petitioner to be advised of Council’s actions.

Revised report expected August 2013.

HL

28/5/13 6.3 Cr Weaver - Congratulations to Dr Pamela Smith Mayor and CEO to write to Dr Pamela Smith to congratulate her on receiving an individual “Heritage Hero Award”.

Completed. CEO

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COUNCIL AND COMMITTEES 17 JULY, 2013 RESOLUTIONS NOT YET EFFECTED

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DATE NO. RESOLUTION PROGRESS DIRECTOR

28/5/13 6.6 Cr Fisher - Candidates for Council Elections Council to express its concerns to the State Government and the Minister for Local Government that candidates for Council elections are not required to disclose political, business and community interests until after being elected.

Completed. CEO

28/5/13 20.5 Certification of Properties Situated Within Bushfire Risk Areas Council to write to the State Government requesting it to investigate and consult widely with the community on ways to increase community awareness of bushfire risks in bushfire risk areas. Council to write to the Local Government Association and Councils in South Australia in high bushfire risk areas seeking its support for the above resolution.

Letters completed and sent 25 June 2013.

Completed.

CH

28/5/13 15.7 Trees for Life - Contract Renewal Bush For Life Program Council approves the signing of a formal three year Partnership and Funding Agreement with Trees for Life for the Bush for Life program at an estimated three year cost of $109,250. CEO to sign the three year funding agreement and any other necessary documentation.

Documents signed. Completed

HL

28/5/13 15.8 LGA Proposal to Permit Parking Across Driveways on Metropolitan Roads

Council to inform the Local Government Association that it does not support the proposal to request the State Government propose amendments to the Australian Road Rules to enable residents to park their cars on the road across their own driveways utilising a permit parking scheme.

Letter written to Local Government Association advising of Council’s resolution. Completed.

HL

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Page 325: AGENDA - City of Mitcham · PDF fileAGENDA FOR A COUNCIL MEETING ... RECOMMENDED that the Minutes of the Council Meeting held on 25 June ... 3 Attended the Rotary Club of Mitcham Handover

COUNCIL AND COMMITTEES 17 JULY, 2013 RESOLUTIONS NOT YET EFFECTED

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DATE NO. RESOLUTION PROGRESS DIRECTOR

25/6/13 6.1 Cr Fisher - Blackwood Master Plan Documentation Documentation (as per Minutes) to be provided to Elected Members prior to the workshop.

In progress. Blackwood Master Plan Documentation provided to Elected Members and Elected Members asked to forward any additional information to Administration.

CH

25/6/13 16.4 Colonel Light Gardens - Community Land Consultation Council notes the information contained within the Stage 1 Consultation Report for the review of Community Land in Colonel Light Gardens.

Completed. CH

25/6/13 12.1 18 University Way, Bellevue Heights - Stormwater Easement Creation Council approves the relinquishment of the existing easement and the taking of a new easement to cover the recently completed stormwater infrastructure. Mayor and CEO to sign any necessary documentation.

Ongoing HL

25/6/13 12.2 Trees to be Removed - June 2013 Trees to be removed - as per minutes.

Works programmed. Completed.

HL

25/6/13 12.3 Traffic Management - Project List and Priorities Council notes the current recommended traffic and transport priorities as outlined in the report and attachments. Additional projects (as per Minutes) proposed to be moved into the Priority 1 list.

ongoing HL

25/6/13 12.4 Public Declaration - Road Opening - Eli Street Laneway, Torrens Park Rights of Way between Eli Street and Kays Road, Torrens Park declared to be public road. Mayor and CEO to sign documentation under seal.

Completed. WR

25/6/13 13.2 Draft Debt Management Policy Policy to be approved by CEO.

Completed. WR

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Page 326: AGENDA - City of Mitcham · PDF fileAGENDA FOR A COUNCIL MEETING ... RECOMMENDED that the Minutes of the Council Meeting held on 25 June ... 3 Attended the Rotary Club of Mitcham Handover

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DATE NO. RESOLUTION PROGRESS DIRECTOR

25/6/13 13.2 Draft Accounting for Property, Plant, Equipment and Infrastructure Policy Policy to be approved by CEO.

Completed. WR

25/6/13 13.6 2013/2014 Draft Long Term Financial Plan and 2013/2014 Draft Annual Business Plan Chair of Audit Committee to summarise the discussion on the Draft Long Term Financial Plan and provide a copy of the summary to Council. An independent Member of the Audit Committee to present the Committee’s summary of the Draft Long Term Financial Plan to Council on 2 July 2013.

Completed. WR

25/6/13 14.2 Draft East Waste Annual Plan - Year Ending 30 June 2014 East Waste Annual Plan 2013/14 approved.

East Waste advised. Completed.

MD

25/6/13 15.1 Development Assessment Panel - Appointment of Elected Member Cr Munro appointed to the DAP from 26 June 2013 until 24 November 2014. Public Notice to be published detailing the appointment.

Public notice has been drafted and is with Council’s Business Partner Communication & Marketing for finalisation and publishing of the notice.

CH

25/6/13 16.1 Sturt River Linear Park and McTaggart Reserve Linkage Council approves the acquisition of an area at the rear of 23 Watchman Drive, Coromandel Valley, with the transferred land being amalgamated into McTaggart Reserve at a cost not exceeding $25,000 plus GST.

Council to pay all reasonable costs and Mayor and CEO to executive and seal all documentation.

In progress. WR

25/6/13 16.2 7 Arcadia Court, Mitcham - Dispensation with Provision of Land Management Agreement - Building Height Exceeding Eight Metres Council does not waive clause 2.2.1 of the Land Management Agreement.

Owner advised of decision not to allow waiver. No Action required.

CH

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COUNCIL AND COMMITTEES 17 JULY, 2013 RESOLUTIONS NOT YET EFFECTED

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DATE NO. RESOLUTION PROGRESS DIRECTOR

25/6/13 16.3 At Call Hard Waste Collection Service Council approves a month by month extension of the current At Call Hard Waste Collection contract with Solo Resource Recovery at an estimated cost of around $27,500 per month in order to facilitate an orderly transition to the new service provider, East Waste.

Solo advised of Council’s decision and is happy to continue.

Completed.

HL

2/7/13 1.1 Blackwood Safety and Security Program Separate Rate Council does not proceed with the introduction of a separate rate.

Completed. WR

2/7/13 1.4 Final Preparation of the 2013/2014 Draft Annual Business Plan and 2013/2014 Draft Long Term Financial Plan Mitcham Trails Project to be included in the final preparation of the 2013/2014 Draft Annual Business Plan and the 2013/2014 Draft Long Term Financial Plan with a capital investment of $130,000 in 2013/2014.

2013/2014 Draft Annual Business Plan and the 2013/2014 Draft Long Term Financial Plan to be prepared:

based on a 5.10% general rate increase and

an increase to the Commercial Rate from 1.8 to 1.9 times the Residential Rate and

an increase in the Vacant Land Rate from the Residential Rate to the Commercial Rate and

all operating and capital projects but excluding the $85,000 allocated to the schematics for the Blackwood and Mitcham Libraries.

Council to note the list of budget changes.

Completed. WR

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