Agenda of General - 9 April 2014

Minutes of the General Meeting of maranoa Regional Council held at Roma Administration Centre on 26 March 2014 commencing at 9.00am

ATTENDANCE

Mayor Cr. R S Loughnan chaired the meeting with, Deputy Mayor Cr W S Wason, Cr. J L Chambers, Cr. R J Denton, Cr P J Flynn, Cr. W M Newman, Cr. C J O’Neil, Cr. D J Schefe, Chief Executive Officer – Julie Reitano, Coordinator – Corporate Communications – Jane Frith, and Kelly Rogers Minutes Officer in attendance.

AS REQUIRED

Director Infrastructure Services – Cameron Castles, Director Development, Facilities & Environmental Services – Rob Hayward, Director Corporate, Community & Commercial Services – Sharon Frank, Sports & Recreation Officer – Emily Rogers, Manager Building & Planning – Danielle Pearn, Specialist Business Development – Ryan Gittins, Manager Environmental Health, Compliance & Waste – Sandra (Kay) Crosby, Manager Infrastructure Planning & Design – Kym Downey, Manager Infrastructure Contracts & Engineering Services – Peter Weallans, (Acting) Coordinator Local Development & Council Events – Susan (Sue) Sands, Specialist Senior Engineer – Hamid Ashtari.

GUESTS

There were no guests in attendance at the meeting.

WELCOME

The Mayor welcomed all present and declared the meeting open at 9.13am, noting that Cr. Flynn would be a late arrival at the meeting.

APOLOGIES

Resolution No. GM/03.2014/43

Moved Cr O'Neil Seconded Cr Schefe

That apologies be received and leave of absence granted for Cr. Price for this meeting.

CARRIED 7/0

Confirmation of Minutes

Resolution No. GM/03.2014/44

Moved Cr Newman Seconded Cr Denton

That the minutes of the General Meeting (4-12.03.14) held on 12 March 2014 be confirmed, inclusive of an amendment to Resolution Number GM/03.2014/35 to state:

“That Council offer for sale by tender Lots 27-32, Lots 34 & 35 and Lots 43-53 on M15119 located in Mitchell.”

This reference is found on page 33 of the Business Paper.

CARRIED 7/0

Cr. Flynn entered the Chamber at 9.16am.

BUSINESS ARISING FROM MINUTES

There was no business arising from the minutes.

On the Table

There were no items for discussion on the table.

Presentations/Petitions and Deputations

There were no presentations/petitions or deputations at the meeting.

Consideration of notices of business

There were no notices of business for consideration.

Consideration of notices of motion

There were no notices of motion for consideration.

Reception of notices of motion for next meeting

No notices of motion were received for the next meeting.

Business

Office of the CEO

Item Number: 10.1	File Number: D14/19215
Subject Heading: Acting Chief Executive Officer
Author and Officer’s Title: Michael Parker, Acting Chief Executive Officer
*Executive Summary:* The Chief Executive Officer (CEO), who had been approved annual leave up to the 14 March, 2014, needed to extend this leave due to family reasons. Mr Michael Parker, Acting CEO (approved by Council at General Meeting 12.02.2014) was available and agreed to stay with Council for the requested extension period.

Resolution No. GM/03.2014/45 Moved Cr Denton Seconded Cr O'Neil That Council endorse the Mayor’s approval of Mr Parker’s extension in the role of Acting Chief Executive Officer until close of business on 19 March 2014. CARRIED 8/0

Responsible Officer	Acting Chief Executive Officer

Corporate, Community & Commercial Services

Item Number: 11.1	File Number: D14/15030
Subject Heading: Council Initiated Advisory Committee Meeting Minutes
Author and Officer’s Title: Kelly Rogers, Coordinator - Elected Members & Community Engagement
*Executive Summary:* As part of Council’s Draft Community Engagement Strategy, Council has initiated a number of Advisory Committees to seek community and stakeholder input on key projects and businesses of Council. Feedback, or the outcomes of these forums, assists Council to identify priorities, inform decisions and develop future strategies and policies. This report provided a copy of the confirmed meeting minutes of the advisory committees that held meeting during the months of September 2013 – February 2014.

Resolution No. GM/03.2014/46 Moved Cr Wason Seconded Cr Flynn That Council receive and note the confirmed minutes of the following Advisory Committee Meetings: Roma Saleyards Advisory Committee Meeting – 30/01/14 & 27/02/14; Airport Advisory Committee Meetings – 05/02/14; Bassett Park Advisory Committee – 3/09/13. CARRIED 8/0

Responsible Officer	Coordinator - Elected Members & Community Engagement

Item Number: 11.2	File Number: D14/18833
Subject Heading: Exception to Council's adopted Annual Parking & Landing Charges Location: Roma Airport
Author and Officer’s Title: Ben Jones, Manager - Airports (Roma, Injune, Surat & Mitchell)
*Executive Summary:* The applicant paid annual parking & landing fees for two aircraft, for usage at Roma Airport. The applicant owns four aircraft and has requested that they are all covered under the fees he paid as he swaps aircraft that are based at Roma.

Resolution No. GM/03.2014/47 Moved Cr Flynn Seconded Cr Schefe That: 1. The current Fees and Charges be applied to all four aircraft. 2. The Frequent User Discount of 20% be applied to each aircraft in line with the current Fees and Charges. CARRIED 7/1

Responsible Officer	Manager - Airports (Roma, Injune, Surat & Mitchell)

Infrastructure Services

Item Number: 12.1	File Number: D14/16980
Subject Heading: Naming of New Streets Location: Roma
Author and Officer’s Title: Kim Edwards, Technical Officer - GIS/CAD
*Executive Summary:* Names were sought from Economic Development Queensland for two (2) unnamed Streets to be located in Stage 3 of the Clearview Rise Development Area, Roma.

Resolution No. GM/03.2014/48 Moved Cr O'Neil Seconded Cr Wason That Council name the new streets in Stage 3 of the Clearview Rise Development as Bromeliad Crescent and Little Kurrajong Place. CARRIED 8/0

Responsible Officer	Technical Officer - GIS/CAD

Development, Facilities & Environmental Services

The Mayor declared a potential perceived ‘Conflict of Interest’ in the following item, due to one of the nominees under consideration being a relative, and elected to remain in the Chamber for discussion and debate on the matter, on the basis that it would not alter his ability to make a decision in the broader public interest in recognising individual sporting achievements.

Item Number: 13.1	File Number: D14/8932
Subject Heading: Wall of Fame inductees for consideration
Author and Officer’s Title: Emily Rogers, Sports & Recreation Officer
*Executive Summary:* Council authorisation was sought to include two potential inductees on the Wall of Fame at the Maranoa PCYC, George Street, Roma as nominations forms have been received.

Resolution No. GM/03.2014/49 Moved Cr Newman Seconded Cr Flynn That: Council approve the inclusion of Erica MacMillan (Equestrian) and Molly Ferguson (Water Skiing) on the Wall of Fame due to them having individually represented Australia under a recognised National Sporting Organisation. All future nominee requests be put forward as part of the Confidential Business Papers. Procedures surrounding the Wall of Fame Inductees be reviewed at an upcoming Councillor Workshop. CARRIED (The Mayor voted in favour of the motion) 8/0

Responsible Officer	Sports & Recreation Officer

Item Number: 13.2

File Number: D14/17521

Subject Heading: Material Change of Use - "Storage Facility" (2013/18748)

Location: Fleming Drive, Roma QLD 4455 (Lot 3 on SP253616 CMS:30468)

Applicant: John Towns Transport C/- Precinct Urban Planning

Author and Officer’s Title: Jessica Reiser, Planning Officer

Executive Summary:

This application sought approval for a Material Change of Use – “Storage Facility” (in two stages) on land situated at Fleming Drive, Roma QLD 4455 (described as Lot 3 on SP253616, CMS: 30468).

The application is subject to Impact Assessment against the relevant provisions of Roma Town Planning Scheme 2006 including the Desired Environmental Outcomes and Urban Area Code.

Public notification was carried out between 16 December 2013 and 22 January 2014. One (1) properly made submission was received during this period.

Resolution No. GM/03.2014/50

Moved Cr Newman Seconded Cr Flynn

That the application for Material Change of Use – “Storage Facility” on land situated at Fleming Drive, Roma QLD 4455 (described as Lot 3 on SP253616, CMS: 30468), be approved subject to the following conditions:

CONDITIONS OF APPROVAL APPLICABLE FOR STAGES 1 AND 2

Preamble

1. Refer to http://www.cmdg.com.au for the Capricorn Municipal Development Guidelines (CMDG).

Complete and Maintain

1. Complete and maintain the approved development as follows: (i) generally in accordance with development approval documents and (ii) strictly in accordance with those parts of the approved development which have been specified in detail by the Council or Referral Agency unless the Council or Referral Agency agrees in writing that those parts will be adequately complied with by amended specifications.

2. Complete and maintain all operational, building and plumbing and drainage work associated with this development approval, including work required by any of the development approval conditions.

3. Maintain the approved development Material Change of Use – “Storage Facility”, in accordance with the approved plans:

Plan/Document number	Plan Document Name	Date
13-0705 Sheet A.000 Rev B	Site Plan As Amended in Red by Maranoa Regional Council	13/03/14
13-0705 Sheet A.001 Rev A	Site Coverage Plan	30/08/13
13-0705 Sheet A.002 Rev A	Site Locality Plan	30/08/13
13-0705 Sheet A.100 Rev A	Existing Floor Plan	08/10/13
13-0705 Sheet A.100 Rev A	Warehouse - Proposed Floor Plan	30/08/13
13-0705 Sheet A.200 Rev A	Warehouse – Proposed Elevations	30/08/13
13-0705 Sheet A.201 Rev A	Warehouse – Proposed Elevations	30/08/13
13-0705 Sheet A.200 Rev A	Existing Elevations As Amended in Red by Maranoa Regional Council	13/03/14
Ref No. 15807	Stormwater Management Report by Reid Consulting Engineers Pty Ltd.	21/11/2013
CMDG D5	Capricorn Municipal Development Guidelines - Stormwater Drainage Design D5 Design Guidelines	03/2012
CMDG D7	Capricorn Municipal Development Guidelines - Erosion Control and Stormwater Management D7 Design Guidelines	03/2012
CMDG D11	Capricorn Municipal Development Guidelines - Water Reticulation D11 Design Guidelines	10/2007

4. During the course of constructing the works, the developer shall ensure that all works are carried out by appropriately qualified persons and the developer and the persons carrying out and supervising the work shall be responsible for all aspects of the works, including public and worker safety, and shall ensure adequate barricades, signage and other warning devices are in place at all times.

5. All civil and related work shall be designed and supervised by RPEQ Registered Professional Engineers of Queensland (RPEQ) who are competent in the construction of the works.

6. All works on or near roadways shall be adequately signed in accordance with the “Manual for Uniform Traffic Control Devices – Part 3, Works on Roads”.

7. The developer is responsible for locating and protecting any Council and public utility services, infrastructure and assets that may be impacted on during construction of the development. Any damage to existing infrastructure (kerb, road pavement, existing underground assets, etc) that is attributable to the progress of works on the site or vehicles associated with the development of the site shall be immediately rectified in accordance with the asset owners’ requirements and specifications and to the satisfaction of the asset owners’ representative(s).

8. All works must comply with (i) the development approval conditions, (ii) any relevant provisions in the planning scheme for the area, (iii) Council’s standard designs for such work where such designs exist, (iv) the CMDG, (v) any relevant Australian Standard that applies to that type of work and (vi) any alternative specifications that Council has agreed to in writing and which the developer must ensure do not conflict with any requirements imposed by any applicable laws and standards.

Latest versions

9. Where another condition refers to a specific published standard, manual or guideline, including specifications, drawings, provisions and criteria within those documents, that condition shall be deemed as referring to the latest versions of those publications that are publicly available at the time the first operational works or compliance approval is lodged with the assessment manager or approval agency for those types of works to be performed or approved, unless a regulation or law requires otherwise.

Stormwater and Drainage

10. Major and minor event stormwater drainage systems are to be provided for the development site generally in accordance with the Stormwater Management Report prepared by Reid Consulting Engineers Pty Ltd dated 21 November 2013 and in accordance with the CMDG – D5 Design Guidelines ‘Stormwater Drainage Design’.

11. Stormwater must not be allowed to pond on the property being developed during the development process and after the development has been completed unless the type and size of ponding has been agreed in writing by the Council or as a specific development approval condition.

12. Any increases in volume, concentration or velocity of stormwater from the property being developed must be channelled to lawful points of discharge or to other storage or dispersal arrangements which must all be agreed in writing by the Council.

13. There must be no increases in any silt loads or contaminants, in any overland flow from the property being developed during the development process and after the development has been completed.

14. The stormwater disposal system must be designed to include appropriate pollution control devices or methods to ensure no contamination or silting of creeks or other waterways.

Earthworks

15. The development will be subject to the ‘Filling and Excavation Code 5.2’ of the Roma Town Planning Scheme 2006. Earthworks are to be undertaken in accordance with Schedule 7: “Standards for Construction Activity” of the Roma Town Council Planning Scheme 2006 and the CMDG D6 ‘Site Regrading’ Design Guidelines.

Erosion Control

16. All construction works on site are to be undertaken in accordance with the Institute of Engineers (Australia) (IEAUST) Soil Erosion and Sediment Control Engineering Guidelines for Queensland Construction sites and the CMDG Design Guidelines – D7.

17. If there is a possibility of erosion or silt or other materials being washed off the property being developed during the development process, the developer must document and implement a management plan that prevents this from occurring.

18. Should it be necessary for the road and/or drainage system to be reinstated or cleaned up due to erosion and/or sedimentation from the site, then such works shall be at no cost to Council. Such works shall be undertaken immediately where there is a potential hazard to pedestrians and/or passing traffic.

Services

19. The development shall be connected to Council’s reticulated water supply system in accordance with the Water Services Association of Australia (WSAA) publication WSA03-2002 Water Reticulation Code of Australia (version 2.3), and CMDG – D11 Design Guidelines ‘Water Reticulation’, at no cost to Council.

20. The development shall be connected to an onsite effluent disposal system in accordance with the Water Services Association of Australia (WSAA) publication WSA02-2002 Sewerage Code of Australia (version 2.3), at no cost to Council.

21. If the development is connected to a telecommunications service, then such works shall be undertaken in accordance with the relevant service provider’s requirements and specifications along with relevant building standards requirements and specifications (as relevant).

22. Each stage of the development is to be connected to a reticulated electricity supply service in accordance with the relevant service provider’s requirements and specifications along with relevant building standards, requirements and specifications.

23. All services installation, including sewer, water, gas, electricity and telecommunications connections to the respective networks, must comply with (i) the development approval conditions, (ii) any relevant provisions in the planning scheme for the area, (iii) Council’s standard designs for such work where such designs exist (iv) the CMDG where it applies (v) any relevant Australian Standard that applies to that type of work and (vi) any alternative specifications that Council has agreed to in writing and which the developer must ensure do not conflict with any requirements imposed by any applicable laws and standards.

24. Services and infrastructure required in connection with the establishment of the approved development must be provided at no cost to Council.

25. Any conflicts associated with proposed and existing services shall be forwarded by the developer to the appropriate controlling authority for approval for any proposed changes.

Access, Car parking and Manoeuvring

26. The landowner shall be responsible for construction and maintenance of vehicle crossovers from the road carriageway to the property boundary and for obtaining any approvals that may be required and for complying with the applicable designs and standards.

27. The existing access off Fleming Drive is to be upgraded to a bitumen seal from the property boundary to the existing bitumen pavement. The width of the access is to ensure all vehicle manoeuvring will be on the sealed area.

28. Vehicles entering and exiting the development site must be able to enter and leave in forward direction. Reversing out of development site is not permitted. Vehicle manoeuvres in this regard are to be totally contained within the development site boundaries.

29. All vehicle movements within the site are to be clear of proposed parking areas, buildings and landscape treatments. Vehicle parking bays must not encroach into swept paths for vehicle movements onsite.

30. Vehicle access and manoeuvring areas are to comply with AS/NZS 2890.1:2004 Parking facilities Part 1: Off-street car parking.

31. Service vehicle access and manoeuvring is to be designed in accordance with AS/NZS 2890.2:2004 - Parking facilities Part 2: Off-street commercial vehicle facilities requirements.

32. Provide a minimum of six (6) car parking spaces, including one (1) space for persons with disabilities for each stage, in accordance with the approved drawing 13-0705 Sheet A.000 Rev B “Site Plan” – (as amended in red and dated 13/03/14 by Council), prepared by Aspect Architects & Project Managers.

33. Parking bay configurations (width and lengths) to be in accordance with AS/NZS 2890.1:2004 Parking Facilities Part 1: Off-Street Car Parking.

34. Disabled car parking bays shall be designed in accordance with AS/NZS 2890.6:2009 Parking Facilities Part 1: Off-Street Car Parking.

35. All car parking spaces, access and manoeuvring areas are to be sealed with an approved impervious surface. The impervious areas will form a single joined surface. Surfacing shall consist of either: patterned concrete, reinforced concrete, concrete pavers, segmental clay pavers, asphaltic hotmix or two coat (primerseal/seal) bitumen seal.

36. All vehicular access and related items must comply with (i) the development approval conditions, (ii) any relevant provisions in the planning scheme for the area including Schedule 2: “Standards for Roads, Car Parking, Access and Manoeuvring Areas”, (iii) Council’s standard designs for such work where such designs exist, (iv) any relevant Australian Standard that applies to that type of work and (vi) the Capricorn Municipal Development Guidelines (CMDG) and (vii) any alternative specifications that Council has agreed to in writing and which the developer must ensure do not conflict with any requirements imposed by any applicable laws and standards.

Environmental

37. The developer shall immediately clean up and satisfactorily remove any deposited construction material or silt runoff from the development site.

Landscaping and Fencing

38. Site landscaping is to be provided generally in accordance with amended drawing 13-0705 Sheet A.000 Rev B “SitePlan” – (as amended in red and dated 13/03/14 by Council), and prepared by Aspect Architects & Project Managers. Vegetation is to comprise a mix of trees, shrubs and groundcovers.

39. A fully automated irrigation system shall be installed and maintained for all landscaping, and shall be of sufficient specifications, including flow rates, to adequately irrigate all landscaped areas within the site.

40. Vegetation is to be established prior to commencement of any approved uses on the site and groundcovers should fully cover vegetated areas within one (1) year of planting.

41. Site landscaping must not interfere with electrical infrastructure nor restrict maintenance access to any onsite infrastructure, public utility or easement.

Rubbish Collection

42. At all times while the use continues, waste containers shall be maintained in a clean and tidy state and shall be emptied and the waste removed from the site on a regular basis.

43. All waste containers shall be shielded from the view of travelling public and neighbours.

Avoiding Nuisance

44. Lighting of the site, including any security lighting, shall be such that the lighting intensity does not exceed 8.0 lux at a distance of 1.5 metres from the site at any property boundary.

45. All lighting shall be directed or shielded so as to ensure that no glare directly affects nearby properties.

46. Any air conditioning, generator, refrigeration, pump, exhaust, fans, processing or other equipment must be acoustically screened to ensure noise levels do not exceed 5dB above the background noise level.

47. Whilst the approved works are in progress, no nuisance is to be caused to adjoining properties and occupiers by the way of noise, smoke, dust, rubbish, contaminant, stormwater discharge or siltation at any time, including non- working hours.

48. Whilst the approved works are in progress, waste containers must remain on site and be maintained in a clean and tidy state and shall be emptied and the waste removed from the site on a regular basis.

49. The area and its surrounds shall be kept in an orderly fashion, free of rubbish and clear of weeds and long grasses. The approved development and the premises are to be maintained in a clean and tidy condition and not to pose any health and safety risks to the community.

50. Any damage to roads and infrastructure, that is attributable to the progress of works on the development site or to vehicles associated with the development of the site, shall be repaired to at least the previous condition and at no cost to Council or, if the Council agrees, the cost of repairs may paid to Council for the Council to carry out the repairs.

Use

51. This approval is for “Storage Facility” only.

52. All conditions of approval related to the establishment of the development must be fulfilled prior to any approved use commencing.

53. This approval does not extend to accommodation units or any other form of overnight accommodation use at the site.

Infrastructure Contributions

Stage 1:

54. An infrastructure contribution of $10,976.00 is payable to the Council. Payments are to be made for the additional impacts which the development will have upon the transport, stormwater, water supply and community infrastructure networks. No payment needs to be paid to Maranoa Regional Council for Stage 1 of the development before use of Stage 1 commences. The payment is to be paid to Maranoa Regional Council within one year of the use commencing. When the payment is due to be paid, the developer can elect to have the amount reassessed under the system of infrastructure charges applicable at that time.

Stage 2:

55. An infrastructure contribution of $10,976.00 is payable to the Council. Payments are to be made for the additional impacts which the development will have upon the transport, stormwater, water supply and community infrastructure networks. No payment needs to be paid to Maranoa Regional Council for Stage 2 of the development before use of Stage 2 commences. The payment is to be paid to Maranoa Regional Council within one year of the use for Stage 2 commencing. When the payment is due to be paid, the developer can elect to have the amount reassessed under the system of infrastructure charges applicable at that time.

56. The payments in Conditions 54 and 55 do not include the costs of connecting the development site to the infrastructure networks within the Roma Priority Infrastructure Area.

57. The payment and works required by Conditions 54 and 55 are to be made and undertaken in accordance with the Schedule of Infrastructure Charges and Works. This Schedule is also a condition of this approval.

No Cost to Council

58. The developer is responsible for meeting all costs associated with the approved development unless there is specific agreement by other parties, including the Council, to meeting those costs.

59. All rates and charges of any description and all arrears of such rates and charges, together with interest outstanding thereon, on the land, due to the Council, shall be paid to the Council prior to any approved use commencing.

Schedule of Infrastructure Charges and Works

(a) Why the condition is required:

The condition is required because the development is outside of the Priority Infrastructure Area (PIA) for Roma. The development will need to be connected to the water and transport networks of the PIA. The development will have additional impacts upon the water, transport and community infrastructure networks

(b) Amount of the payment and works required:

The payments and works required for additional impacts establishment costs upon the water, transport and community infrastructure networks are set out in Conditions 53, 54, 55 and 56

(c) Details of the infrastructure for which the payment is required:

Establishment costs of the following trunk infrastructure made necessary by the development –

• Water network

• Roads network

• Drainage and community infrastructure networks

The establishment costs include the costs of connecting the site to the water network and the costs of connecting the site to the road and drainage network.

(d) When the payment must be made:

The payment must be made in accordance with Conditions 53, 54 and 56 or in accordance with the provisions of an infrastructure agreement.

(e) Person to whom the payment must be made:

Maranoa Regional Council

CARRIED 8/0

Responsible Officer

Planning Officer

Item Number: 13.3	File Number: D14/19013
Subject Heading: Commerce Roma - Proposal for Sponsorship of Maranoa Business Awards Applicant: Commerce Roma
Author and Officer’s Title: Ryan Gittins, Specialist - Business Development
*Executive Summary:* Commerce Roma, in partnership with Santos GLNG, is holding a regional business awards ceremony in Roma on 24 October 2014. The Shop Local Invest Local (SLIL) Maranoa Business Awards will be open to nominations from all businesses in the Maranoa Regional Council area. The awards will provide significant benefits to businesses who engage in the process, as they reflect on their respective operations and identify areas that require improvement. Commerce Roma has requested a financial contribution from Council, totalling $10,000 (approximately 11% of the project budget), for the 2014 Maranoa Business Awards.

Resolution No. GM/03.2014/51 Moved Cr O'Neil Seconded Cr Denton That Council: Allocate financial support of $10,000 to the 2014 Maranoa Business Awards. Consider nominating a Councillor to represent Maranoa Regional Council on the Business Awards Sub-Committee. CARRIED 8/0

Responsible Officer	Specialist - Business Development

Resolution No. GM/03.2014/52

Moved Cr Denton Seconded Cr Flynn

That Council nominate Portfolio Chair for Economic Development, Cr. Cameron O’Neil, as Councillor representative on the Business Awards Sub-Committee.

CARRIED 8/0

Responsible Officer

Specialist – Business Development/Coordinator – Elected Members & Community Engagement

Late Items

Item Number: L.1	File Number: D14/19228
Subject Heading: Amendments to Infrastructure Services Capital Roadworks Program 2013/14
Author and Officer’s Title: Julian McEwan, Manager - Roads & Drainage (Nth E Central) and Parks & Gardens
*Executive Summary:* The approved budget for the 2013/14 reseal program is currently $4.583 million. A change to the seal design process is expected to achieve improvements in the overall costs of the programmed reseals. To maximise source funding, an additional 529,485 m² of high priority reseal projects have been identified for inclusion in the 2013/14 reseal program. The recent completion of road network condition assessments has assisted in the process of identifying additional high priority reseal projects. This report outlined the potential seal projects that the funding may be allocated to.

Discussion:

Council determined that the matter should lay on the table for further consideration at a later point during the meeting, pending further clarification of the specific works contained within the officer’s report. A ‘Mover’ and ‘Seconder’ for the draft motion was called for and recorded as follows, however, no vote was taken on the draft motion at that time:

Moved Cr O'Neil Seconded Cr Schefe

That Council approve the sections of road identified in the ‘Body of the Report’ to be included in the 2013/14 reseal program.

NO VOTE TAKEN

Item Number: L.2	File Number: D14/19453
Subject Heading: Proposed Changes to Muckadilla Waste Transfer Station Location: Muckadilla
Author and Officer’s Title: Margaret Milla, Coordinator - Waste
*Executive Summary:* Muckadilla community members have proposed a solution to ongoing issues relating to the tidiness and operation of the Muckadilla Transfer Station. It has been proposed that the gates be locked and keys be given to interested residents.
Discussion: Council determined that the matter should lay on the table for further discussion at a later point during the meeting to further consider appropriate charges for the issue of keys to residents who would like to access the Waste Transfer Station. A ‘Mover’ and ‘Seconder’ for the draft motion was called for and recorded below, however, no vote was taken on the draft motion at that time.

Moved Cr Chambers Seconded Cr Wason

That Council:

· Undertake a clean up of the Muckadilla Transfer Station, provide physical barriers for waste separation and install appropriate signage;

· Lock the gates at the facility and distribute keys to residents;

· Include an annual fee to be set in Council’s statutory Fees and Charges schedule for the 2014/15 financial year;

· Undertake a review after 12 months to determine the success of these changes.

NO VOTE TAKEN

Item Number: L.3
Subject Heading: Council Presentation at the 2014 Surat Basin Expo Industry Forum Applicant: Australian Events
Author and Officer’s Title: Ryan Gittins, Specialist - Business Development
*Executive Summary:* Council has previously resolved to provide sponsorship to the 2014 Surat Basin Energy & Mining Expo Industry Forum (GM/11.2013/22 – 13 Nov 2013). The Industry Forum is a field trip to Roma and Miles on Tuesday 17 June 2014, which will visit sites that are significant for the resource industry in the Surat Basin. As a major sponsor of the event, Council has been requested to confirm how many presentation opportunities it would like during the event. The schedule will permit MRC presentations at the following points: 1. Breakfast at Diamantina Village 2. Coach trip from Roma to Miles 3. The Industry Forum Dinner in Toowoomba (17 June 2014)

Discussion:

Council determined that the matter should lay on the table for further consideration at a later point during the meeting, given that the event corresponded with another calendar event requiring Councillor attendance.

Action:

That the matter lay on the table for further consideration at a later point during the meeting.

Item Number: L.4	File Number: D14/14319
Subject Heading: Designated Heavy Vehicle Routes
Author and Officer’s Title: Kym Downey, Manager - Infrastructure Planning & Design
*Executive Summary:* Following the implementation of the National Heavy Vehicle Regulator (NHVR) scheme all requests for permits for the movement of multi-combination vehicles on roads under the control of a Local Authority are actioned by this regulator. Currently, through NHVR, multi-combination vehicles (MCV) up to and including B-doubles and Type 1 road trains, can travel on any Council controlled road without restriction. This unrestricted access is limiting Council’s ability to monitor and manage the movement of MCVs.
Discussion: Council determined that the matter should lay on the table for further discussion at a future meeting of Council, following further discussion at a Councillor Workshop.
Resolution No. GM/03.2014/53 Moved Cr Denton Seconded Cr Chambers That the matter be laid on the table and be considered at an upcoming Councillor Workshop, prior to presentation at a future General Meeting of Council. CARRIED 8/0

Responsible Officer	Manager - Infrastructure Planning & Design

Item Number: L.5	File Number: D14/20453
Subject Heading: Waive statutory fees for commercial use of footpaths Location: Maranoa Region Applicant: Commerce Roma
Author and Officer’s Title: Sandra Crosby, Manager - Environmental Health, Compliance & Waste
*Executive Summary:* Commerce Roma requested that Council provide support to businesses within the Maranoa Region through waiver of fees for the commercial use of footpaths.

Resolution No. GM/03.2014/54 Moved Cr O'Neil Seconded Cr Flynn That Council implement the applicable Local Law process (for applications received in accordance with Local Laws, and administered through this process). Further that Council waive the fee, until further advised, for signs and banners on the footpath that pose little or no risk to the public, subject to confirmation of the applicant’s public liability insurance policy. CARRIED 8/0

Responsible Officer	Manager - Environmental Health, Compliance & Waste

Item Number: L.6	File Number: D14/20505
Subject Heading: Corporate Plan Extension
Author and Officer’s Title: Julie Reitano, Chief Executive Officer
*Executive Summary:* Council’s first Corporate Plan covered the period 2009-2013. The draft new Corporate Plan is underway but there are some steps that still need to be done. The current extension was to 31 March 2014, however, further time is requested.

Resolution No. GM/03.2014/55 Moved Cr Wason Seconded Cr Chambers That the existing Corporate Plan be extended to 31 May 2014 to allow sufficient time for the new plan to be finalised and community engagement undertaken. CARRIED 8/0

Responsible Officer	Chief Executive Officer

Subject Heading: suspension of standing orders

Council adjourned the meeting for morning tea at 9.58am.

Subject Heading: resumption of standing orders

Council resumed the meeting at 10.26am

CONFIDENTIAL ITEMS

In accord with the provisions of section 275 of the Local Government Regulation 2012, Council resolved to close the meeting to discuss items it has deemed to be of a confidential nature and specifically pertaining to the following sections:-

(a) the appointment, dismissal or discipline of employees;

(d) rating concessions;

(e) contracts proposed to be made by it;

(h) other business for which a public discussion would be likely to prejudice the interests of the local government or someone else, or enable a person to gain a financial advantage;

Resolution No. GM/03.2014/56

Moved Cr Wason Seconded Cr O'Neil

That Council close the meeting to the public at 10.27am, and withdraw from the Agenda Item “C.2 – Engagement of Engineering Consultant to provide Engineering Services to assist Council in the delivery of Energy Sector funded Capital Works on selected work packages on Yuleba Taroom Road and Horse Creek Road” pending further negotiations on the selected work packages. This report will again be presented at an upcoming General Meeting of Council.

CARRIED 8/0

Cr. Flynn declared a potential perceived ‘Conflict of Interest’ in item “C.3 – Regional Arts Development Fund Applications from Round 3, 2013/14 Financial Year,” due to his close association with one of the writers of a submitted application put forward under the funding round, noting that this application had been withdrawn prior to Council’s consideration of the committee recommendations (therefore no conflict remained) and Cr. Flynn remained in the Chamber for discussion on the item.

The Mayor left the Chamber at 11.20am.

The Mayor entered the Chamber at 11.21am.

Resolution No. GM/03.2014/57

Moved Cr O'Neil Seconded Cr Schefe

That Council open the meeting to the public at 11.28am.

CARRIED 8/0

Subject Heading: suspension of standing orders

Council adjourned the meeting for a brief recess at 11.29am.

Subject Heading: resumption of standing orders

Council resumed the meeting at 10.50am.

Item Number: L.1

File Number: D14/19228

Subject Heading: Amendments to Infrastructure Services Capital Roadworks Program 2013/14

Author and Officer’s Title: Julian McEwan, Manager - Roads & Drainage (Nth E Central) and Parks & Gardens

Executive Summary:

The approved budget for the 2013/14 reseal program is currently $4.583 million.

A change to the seal design process is expected to achieve improvements in the overall costs of the programmed reseals. To maximise source funding, an additional 529,485 m² of high priority reseal projects have been identified for inclusion in the 2013/14 reseal program.

The recent completion of road network condition assessments has assisted in the process of identifying additional high priority reseal projects. This report outlines the potential seal projects that the funding may be allocated to.

Discussion:

This matter had been laid on the table at an earlier point during the meeting, pending further clarification on the specific works recommended by the reporting officer. With this information clarified, Council resumed discussion & debate on the draft motion recorded earlier during the meeting. The ‘Mover’ put forward an amendment to the draft motion, to which the ‘Seconder’ concurred. The amended draft motion was recorded as follows, and put to the vote.

Resolution No. GM/03.2014/58

Moved Cr O'Neil Seconded Cr Schefe

That Council approve the sections of road identified in the following table, for inclusion in the 2013/14 reseal program:

Job Location	Length (m)	Width (m)	Area m2	Start	End
Duck Creek (Ch13.9 - Ch23.8Km) – Existing Seal -> included in Reseal Program	9,823	7	68,761	13.9	23.8
Womblebank Gap (western end)	15,000	8	120,000	15.000	35.000
Annandale Street, Injune	675	7	4,725	All
Coronation Street, Injune	114	18	2,052	All
Fifth Avenue, Injune	614	20	12,280	All
Flower Street, Injune	415	11	4,565	All
Ronald Street, Injune	340	11	3,740	All
Second Avenue, Injune	130	7	910	All
Third Avenue, Injune	260	7	1,820	All
Chadford Street, Wallumbilla	180	10	1,800	All
Hill Street, Wallumbilla	512	6	3,072	All
May Street, Wallumbilla	805	8	6,440	All
Russell Street, Wallumbilla	132	7	924	All
Bedwell Street, Yuleba	170	7	1,190	All
Perry Street, Yuleba	370	8	2,960	All
Orallo Road	4,600	4	18,400	6.200	9.000
				46.000	46.100
				51.100	52.800
Pickanjinnie North Road	2,080	4	8,320	6.820	7.200
Pickanjinnie North Road	2,080	4	8,320	13.800	15.500
Womblebank Gap Road	5,800	4	23,200	14.600	20.400
Duck Creek Road	2,700	4	10,800	10.100	12.800
Iona Bardlomey Road, Wallumbilla	6,000	4	24,000	0.000	2.400
Yuleba Surat Road	4,000	6	24,000	0.000	2.000
Yuleba Surat Road	4,000	6	24,000	15.000	17.000
Tiger Scrub Road	1,100	4.5	4,950	12.300	13.400
Teelba Road	8,175	7	57,225	31.225	39.400
Bollon Road	4,500	5.5	24,750	29.200	29.300
				39.600	39.900
				42.800	43.200
				43.260	44.800
				57.200	59.400
Injune Taroom Road	7,400	6	44,400	43.700	51.800
Gunnawarra Road	800	4	3,200	0.800	1.600
Duck Creek (Upgrade from Gravel to Seal)	5,343	7	37,401	23.800	29.100

CARRIED 8/0

Responsible Officer

Manager - Roads & Drainage (Nth E Central) and Parks & Gardens

Item Number: L.2	File Number: D14/19453
Subject Heading: Proposed Changes to Muckadilla Waste Transfer Station Location: Muckadilla
Author and Officer’s Title: Margaret Milla, Coordinator - Waste
*Executive Summary:* Muckadilla community members have proposed a solution to ongoing issues relating to the tidiness and operation of the Muckadilla Transfer Station. It has been proposed that the gates be locked and keys given to interested residents.
Discussion: Earlier during the meeting, Council had laid the matter on the table pending further officer recommendation on applying a charge on the issue of keys for access to the facility. This information now to hand, Council resumed discussion and debate on the matter. A ‘Mover’ and ‘Seconder’ for the draft motion had been obtained earlier during the meeting. An amendment to the draft motion was put forward by the ‘Mover’ with the ‘Seconder’ concurring. Council then commenced debate on the draft motion.
Resolution No. GM/03.2014/59 Moved Cr Chambers Seconded Cr Wason That Council: Undertake a clean up of the Muckadilla Transfer Station, provide physical barriers for waste separation and install appropriate signage; Lock the gates at the facility and make keys available for residents to access the site by way of an initial bond payment of $50 per key; Review the bond and replacement key charges as part of the 2014/15 financial year setting of fees and charges; Undertake a review after 12 months to determine the success of these changes. CARRIED 8/0

Responsible Officer	Coordinator - Waste

Item Number: L.3	File Number: D14/19678
Subject Heading: Council Presentation at the 2014 Surat Basin Expo Industry Forum Applicant: Australian Events
Author and Officer’s Title: Ryan Gittins, Specialist - Business Development
*Executive Summary:* Council has previously resolved to provide sponsorship to the 2014 Surat Basin Energy & Mining Expo Industry Forum (GM/11.2013/22 – 13 Nov 2013). The Industry Forum is a field trip to Roma and Miles on Tuesday 17 June 2014, which will visit sites that are significant for the resource industry in the Surat Basin. As a major sponsor of the event, Council has been requested to confirm how many presentation opportunities it would like during the event. The schedule will permit MRC presentations at the following points: 1. Breakfast at Diamantina Village 2. Coach trip from Roma to Miles 3. The Industry Forum Dinner in Toowoomba (17 June 2014)

Resolution No. GM/03.2014/60 Moved Cr Denton Seconded Cr Chambers That Council: Confirms its interest in presenting at the Breakfast (Diamantina Village) and the Industry Forum Dinner in Toowoomba; Nominate the Mayor & Cr. O’Neil to attend to Industry Forum (travelling from Roma to Toowoomba) on 17 June 2014 - noting that the Surat Basin Energy & Mining Expo will be held in Toowoomba on the following days (18 & 19 June 2013), and that 2 complimentary tickets have been provided for the complete tour; Nominate the Mayor & Cr. O’Neil to speak/present at the Breakfast (Diamantina Village) and the Industry Forum Dinner in Toowoomba. CARRIED 8/0

Responsible Officer	Specialist - Business Development/Coordinator Elected Members & Community Engagement

Item Number: C.1	File Number: D14/18494
Subject Heading: Tender Assessment - Fairview Road Detailed Design
Author and Officer’s Title: Peter Weallans, Manager - Infrastructure Contracts & Engineering Services
*Executive Summary:* This assessment was for the detailed design of pavement widening and reconstruction of Fairview Road (Chainage 5.0km – CH 30.5km). Tenderers were selected from the Panel of Providers – Engineering Services - 13/36. The quotation specifications were sent on 20 February 2014 with a closing date of 7 March 2014.
Resolution No. GM/03.2014/61 Moved Cr Denton Seconded Cr Wason That Council: Award a contract to Highland Infrastructure Group for Fairview Road Detailed Design (Chainage 5km – 30km), for the amount of $233,147 (excl. GST), subject to the receipt by Council of the GLNG purchase order, inclusive of Council’s service charge. Advise unsuccessful tenderers of the appointed Contractor. CARRIED 8/0

Responsible Officer	Manager - Infrastructure Contracts & Engineering Services

Item Number: C.2	File Number: D14/18787
Subject Heading: Engagement of Engineering Consultant to provide Engineering Services to assist Council in the delivery of Energy Sector funded Capital Works on selected work packages on Yuleba Taroom Road and Horse Ck Road
Author and Officer’s Title: Peter Weallans, Manager - Infrastructure Contracts & Engineering Services
Item withdrawn from the Agenda as per Resolution No. GM/03.2014/62.

Cr. Flynn declared a potential perceived conflict of interest in the following item, due to his close association with one of the writers of a submitted application put forward under the funding round, noting that this application was withdrawn prior to Council’s consideration of the committee recommendations (therefore no conflict remained) and Cr. Flynn remained in the Chamber for discussion on the item.

Item Number: C.3

File Number: D14/19274

Subject Heading: Regional Arts Development Fund Applications from Round 3, 2013/14 Financial Year

Author and Officer’s Title: Susan (Sue) Sands, (Acting) Coordinator – Local Development & Council Events

Executive Summary:

The Maranoa Regional Council Regional Arts Development Fund (RADF) Committee has assessed funding applications for arts and cultural projects and activities submitted under Round 3 of the 2013/14 financial year funding.

Resolution No. GM/03.2014/63

Moved Cr Newman Seconded Cr Chambers

That Council endorse the Regional Arts Development Fund (RADF) Committee’s grant assessment recommendations, approving the following projects:

Applicant	Project Description	RADF Approval $	Total Project $
Bymount Creative Circle	2 day workshop creating Mirrored Mosaics	3,480	5,355
Roma Writers’ Group	2 day workshop to develop writing skills	3,350	6,240
Injune Kindergarten	1 day puppet workshop	1,900	2,930
Surat on Balonne Gallery	Series of workshops aimed to enhance the ‘On the Move’ exhibition, drawing locals and tourists to the facility	12,267	20,197

CARRIED 8/0

Responsible Officer

(Acting) Coordinator - Local Development & Council Events

Discussion Continued:

Cr. Newman advised Council that, through the application submission process under the current RADF round, a submitted project that did not meet the RADF guidelines was identified as a valuable project for the community. Cr. Newman put forward a recommendation for Council’s consideration of this project, as recorded below:

Resolution No. GM/03.2014/64

Moved Cr Newman Seconded Cr Chambers

That Council:

1. Approve for requested financial assistance of $2,900 for the project described as “Quilt in a Day,” to be held in Wallumbilla and Roma. This project is to be included in the list of projects Council has received funding for from the ‘Community Drought Fund’ released by the Department of Communities, Child Safety & Disability Services. This approval is subject to the project meeting the guidelines and available funds.

2. If eligible, explore opportunities to provide this workshop in other localities across the region.

CARRIED 8/0

Responsible Officer

Manager – Community Services/(Acting) Coordinator – Local Development & Council Events

Item Number: C.4	File Number: D14/19458
Subject Heading: Request for Sponsorship From Regional Achievement and Community Awards
Author and Officer’s Title: Susan (Sue) Sands, (Acting) Coordinator – Local Development & Council Events
*Executive Summary:* Council had received a request for sponsorship for the 2014 Queensland Regional Achievement and Community Awards. The launch will be held in Roma on 12 June 2014.
Resolution No. GM/03.2014/65 Moved Cr O'Neil Seconded Cr Schefe That Council sponsor the Regional Achievement and Community Awards by way of contributing funds of $1,500. CARRIED 8/0

Responsible Officer	(Acting) Coordinator - Local Development & Council Events

LATE CONFIDENTIAL ITEMS

Item Number: LC.1	File Number: D14/18458
Subject Heading: Offer of lease of land for expansion of carparking in Roma CBD
Author and Officer’s Title: Kym Downey, Manager - Infrastructure Planning & Design
*Executive Summary:* Council had received an offer to a lease a parcel of land located on Wyndham St for use as off-street car parking.
Resolution No. GM/03.2014/66 Moved Cr O'Neil Seconded Cr Schefe That Council thank the applicant for their offer to lease a parcel of land in Wyndham Street for use as off street car parking, however, the offer is declined at this time due to the associated additional costs for capital improvements and the proposed lease charges. MOTION LOST (The Mayor exercised his Casting Vote against the motion) 4/5

Responsible Officer	Manager - Infrastructure Planning & Design

Resolution No. GM/03.2014/67

Moved Cr Flynn Seconded Cr Newman

That Council continue negotiations with the proprietor for a 6 year period, with lease payments negotiated on the basis of independent market rental costs being obtained.

CARRIED (The Mayor exercised his Casting Vote in favour of the motion) 5/4

Responsible Officer

Manager – Infrastructure Planning & Design/Manager

Item Number: LC.2	File Number: D14/18824
Subject Heading: Award of NDRRA Tender 14022 (Parks & Additional Roads)
Author and Officer’s Title: Hamid Ashtari, Specialist - Senior Engineer
*Executive Summary:* This contract is for the restoration of flood damage on sections of Fourth Ave, Ronald St, Amby North Rd, Blue Hills Rd, Warrong Rd and Hoganthulla Rd, as well as repairs to parts of the Mitchell River Walk, Roma parks and Mitchell parks.
Resolution No. GM/03.2014/68 Moved Cr Schefe Seconded Cr Chambers That Council award the tender to FKG for the specified sections requiring restoration from flood damage for the sum of $1,984,669.84 (Excluding GST). CARRIED 8/0

Responsible Officer	Specialist - Senior Engineer

Item Number: LC.3	File Number: D14/19527
Subject Heading: Regional Waste Strategy Location: Maranoa Region
Author and Officer’s Title: Margaret Milla, Coordinator - Waste
*Executive Summary:* Consulting firms were invited to submit quotations to undertake the development of a regional waste strategy for Maranoa Regional Council.
Resolution No. GM/03.2014/69 Moved Cr Chambers Seconded Cr O'Neil That Council: Award the development of the waste strategy to Waste Solutions Australia at a cost of $104,025.90 (including GST), which includes the Arup option to investigate alternative waste technologies for the future. Advise other consulting firms in writing of their unsuccessful submissions. CARRIED 8/0

Responsible Officer	Coordinator - Waste

Item Number: LC.4	File Number: D14/20192
Subject Heading: Quarry Water Truck
Author and Officer’s Title: David Grace, Manager - Quarry Operations
*Executive Summary:* Roma Quarry is currently using an eight wheel Acco water truck, Unit 315, which was allocated to the quarry as a short term solution for dust suppression. This water truck has been used for over two (2) years and is now past its useful life. A replacement water truck was planned for Council’s consideration in the 2014/15 budget deliberations; however the condition of the water truck has prompted an earlier solution.
Resolution No. GM/03.2014/70 Moved Cr Wason Seconded Cr Denton That Council approve funding to the value of $235,000 (being the allocation of unspent capital budget funds for the 2013/14 financial year), towards the purchase of a second hand articulated water truck suitable for quarry operations. CARRIED 8/0

Responsible Officer	Manager - Quarry Operations

Item Number: LC.5	File Number: D14/20383
Subject Heading: Review of Organisational Structure Infrastructure Services
Author and Officer’s Title: Julie Reitano, Chief Executive Officer
*Executive Summary:* The Director Infrastructure Services has been working closely with the Infrastructure Services management team, Councillors and Chief Executive Officer to review Council’s Infrastructure operations. The report included, for Council’s preliminary consideration, a revised structure (as presented by the Director) that: builds on the learnings from the last 12 months (initial restructure); and takes into consideration Council’s plans for the future.
Resolution No. GM/03.2014/71 Moved Cr Denton Seconded Cr Flynn That Council: Give its in principle support for the proposed structure, as presented, to proceed to a consultation period with the findings to be brought back to the next Council meeting for further consideration by Council. Approve the term position of Project Manager (reporting to the Director Infrastructure Services), and that negotiations proceed as a matter of priority. Authorise the Chief Executive Officer to consult with appropriate key external stakeholders with respect to the proposed changes. CARRIED 8/0

Responsible Officer	Chief Executive Officer

CLOSURE

There being no further business, the Mayor thanked Council for their attendance and declared the meeting closed at 12.23pm.

These Minutes are to be confirmed at the next General Meeting of Council to be held on 9 April 2014, at Roma Administration Centre.

...............………................. ..................................

Mayor. Date.

Entity Power given to	Section of LGA	Description
Local government	236(1)	The power to sign a document on behalf of a local government.

Maranoa Regional Council

General Meeting - 9 April 2014

Officer Report

Meeting: General 9 April 2014	Date: 25 March 2014
Item Number: 13.1	File Number: D14/20266

Subject Heading: Material Change of Use - "Extractive Industry" (2013/18719)

Classification: Open Access

Name of Applicant: Annejeda Pty Ltd C/- StruXi Design

Location: 40742 Warrego Highway, Jackson QLD 4426 (Lot 26 on Plan BWR145 and Lot 28 on BWR122)

Author & Officer’s Title: Jessica Reiser, Planning Officer

Executive Summary: The application seeks approval for a Material Change of Use - "Extractive Industry”, on land at 40742 Warrego Highway, Jackson QLD 4426 (described as Lot 26 on Plan BWR145 and Lot 28 on Plan BWR122).

The application is subject to Impact Assessment against the relevant provisions of Bendemere Shire Planning Scheme 2006 including the Desired Environmental Outcome’s and Rural Zone Code.

Public notification was carried out between 6 December 2013 and 10 January 2014. One submission was received during this period.

Officer’s Recommendation: The application for Material Change of Use - "Extractive Industry”, on land at 40742 Warrego Highway, Jackson QLD 4426 (described as Lot 26 on Plan BWR145 and Lot 28 on Plan BWR122), be approved subject to the following conditions:

Preamble

1. Refer to http://www.cmdg.com.au for the Capricorn Municipal Development Guidelines (CMDG).

2. The relevant planning scheme for this Development Approval is the Bendemere Shire Planning Scheme 2006. All references to the ‘Planning Scheme’ and ‘Planning Scheme Schedules’ within these conditions refer to the above Planning Scheme.

3. Prior to commencement of use, the applicant shall contact Council to arrange a development compliance inspection.

4. All Aboriginal Cultural Heritage in Queensland is protected under the Aboriginal Cultural Heritage Act 2003 and penalty provisions apply for any unauthorized harm. Under the legislation a person carrying out an activity must take all reasonable and practicable measures to ensure the activity does not harm Aboriginal Cultural Heritage. This applies whether or not such places are recorded in an official register and whether or not they are located in, on or under private land. The developer is responsible for implementing reasonable and practical measures to ensure the Cultural Heritage Duty of Care Guidelines are met and for obtaining any clearances required from the responsible entity.

5. Queensland Rural Fire Service has advised construction standards for building in a medium bushfire risk area will apply. Building construction is to accord with the Building Code of Australia and State Planning Guidelines for building in bushfire prone areas.

Use

1. The approved development is a Material Change of Use to establish an Extractive Industry (100,000 tonnes per annum) as shown on the approved plans.

2. All conditions relating to the establishment of the approved development must be fulfilled prior to any approved use commencing, unless otherwise noted within these conditions.

Approved Plans and Documents

3. Maintain the approved development - Material Change of Use - Extractive Industry (100,000 tonnes per annum), in accordance with the following approved plans, subject to and modified by any conditions of this approval:

Plan/Document number	Plan/Document name	Date
1188.12735 Sheet 002 Issue B	Site Plan prepared by StruXi design	20/02/13
1188.12735 Sheet 003 Issue B	Locality Plan prepared by StruXi design	26/02/13
1188.12735 Sheet 101 Issue A	Office Floor Plan prepared by StruXi design	26/08/13
1188.12735 Sheet 401 Issue A	Office Elevations Sheet 1 of 2 prepared by StruXi design	26/08/13
1188.12735 Sheet 402 Issue A	Office Elevations Sheet 2 of 2 prepared by StruXi design	26/08/13
	Site Based Management Plan Lot 26 on BWR145 & Lot 28 on BWR122 40742 Warrego Highway, Jackson, QLD 4426 prepared by StruXi design
D5	CMDG – Stormwater Drainage Design Guidelines	03/2012
D6	CMDG – Site Regarding Design Guidelines	03/2012?

4. All works must comply with (i) the development approval conditions, (ii) any relevant provisions in the planning scheme for the area, (iii) Council’s standard designs for such work where such designs exist (iv) the CMDG, (v) any relevant Australian Standard that applies to that type of work and (vi) any alternative specifications that Council has agreed to in writing and which the developer must ensure do not conflict with any requirements imposed by any applicable laws and standards.

5. This approval relies on the environmental authority (and its related documents) applicable to the site to provide the basis for managing environmental impacts and this approval also relies on the entity approving and managing the environmental authority to meet its responsibilities. The Council will not take any responsibility for the management of environmental impacts unless and until the entity (or its legal successors) is unable to act.

The standards and approval of civil works and services are the responsibility of the Council but subject to environmental impact management requirements that may be imposed by the environmental authority (or any approval that effectively replaces that environmental authority).

Operating Hours

6. Hours of operation, including the transporting of material from the site are restricted to 6:00am to 6:00pm Monday to Saturday. No work is permitted on Sundays or public holidays.

The quarry operator may apply to Council to vary the hours of operation for a particular project, where the extended operating hours are essential in the opinion of the Council because of the requirements and community benefits of the particular project. Any Council approval of the varied hours will be restricted to the duration of the project, and may be rescinded by the Council on seven days notice if the extended hours of operation are considered to be causing undue nuisance or disruption to other persons.

Amenity

7. Any advertising signage is subject to a further development approval unless compliant with the self-assessable development provisions of the planning scheme.

8. Effluent storage and removal must not have an adverse effect on the surrounding areas and must not cause nuisance to neighbouring properties.

9. Waste containers shall be maintained in a clean and tidy state at all times while the use continues, and shall be emptied, and the waste removed from the site on a regular basis.

Avoiding Nuisance

10. The approved development and the premises are to be maintained in a clean and tidy condition and not to pose any health and safety risks to the community.

11. Extraction areas, access and site roadways and surrounds shall be kept in an orderly fashion and free of rubbish.

12. No nuisance is to be caused to adjoining properties and their occupiers by the way of smoke, dust, rubbish, contaminant, stormwater discharge or siltation at any time, including non-working hours.

13. Lighting of the site, including any security lighting, shall be such that the lighting intensity does not exceed 8.0 lux at a distance of 1.5 metres from the site at any property boundary.

Earthworks

14. All earthworks for the development shall be undertaken in accordance with Capricorn Municipal Development Guidelines (CMDG) D6 ‘Site Regrading’ Design Guidelines.

Erosion Control

15. Erosion and Sediment Control is to be managed as shown in the Site Based Management Plan Section 4.3 prepared by StruXi Design.

16. Any construction works on site are to be undertaken in accordance with the Soil Erosion and Sediment Control Engineering Guidelines for Queensland Construction Sites (Institute of Engineers Australia).

17. Where it is necessary for a road and/or drainage system to be reinstated or cleaned up as a result of erosion and/or sedimentation from the site, such works must be undertaken at the developer’s expense. Such works shall be undertaken immediately, where it is a potential hazard to pedestrians and/or passing traffic.

Provision of Services

18. An onsite sewerage system may be installed, and shall be designed in accordance with Schedule 5 – Standards for Sewerage Supply of the Planning Scheme. An additional development permit for plumbing and drainage works shall be sought from Council for any proposed onsite sewerage system.

19. The site must be provided with an on-site water supply with sufficient capacity to meet all operational needs, including watering to minimise dust nuisance. A potable water supply sufficient to meet the needs of staff and visitors to the site shall also be supplied.

20. All supplies of potable water and disposal of waste water is to be by a suitably licenced contractor.

21. Electrical supply provision may be by onsite generation.

Stormwater and Drainage

22. Stormwater, is to be managed as shown in the Site Based Management Plan Section 4.3 prepared by StruXi Design and in accordance with the CMDG – D5 Design Guidelines ‘Stormwater Drainage Design’.

23. The developer shall ensure that in all cases, discharge of stormwater runoff from the development drains freely, and that no nuisance of ponding is created within the vicinity of the development.

24. There shall be no increases in any silt loads or contaminants in any overland flow from the property being developed, either during the development process or after the development has been completed.

Access, Car parking and Manoeuvring

25. All weather vehicle access shall be provided for traffic movement within the development site.

26. Unsealed internal roads are to be watered upon receipt of any complaint regarding dust nuisance caused by vehicle movements to and from the site.

Environmental Management

27. The Environmental Protection Act 1994 states that a person must not carry out any activity that causes, or is likely to cause, environmental harm unless the person takes all reasonable and practicable measures to prevent or minimise the harm. Environmental harm includes environmental nuisance. In this regard, persons and entities involved in the operation of the approved development are to adhere to their ‘general environmental duty’ to minimise the risk of causing environmental harm to adjoining premises.

28. At the end of operations, remediation of the site is to occur in consultation with the landowner, generally in accordance with the program shown in the Site Based Management Plan Section 3.5, (prepared by StruXi Design), and also in accordance with the current Environmental Authorities.

29. The operator is to develop and implement appropriate bushfire mitigation plans for the development site prior to commencement of the use.

Conditions if environmental approval ceases to have effect

30. If the environmental approval issued by a State agency to undertake this use on this site ceases to have effect and is not replaced by an appropriate approval, code or law to manage the use and the rehabilitation of the site, then the conditions, requirements and obligations of the original environmental approval given for this use on this site shall become conditions of this approval. References in the original environmental approval to the State agency will then be construed as references to the Council to the greatest extent possible. The standards referenced by the original environmental approval will be the applicable standards.

Fees, Infrastructure Charges and Impact Contributions

31. A local roads additional impacts charge will be paid to Maranoa Regional Council in accordance with the Local Roads Additional Impacts Charges Schedule A, attached to and forming part of these conditions.

32. All matters contained within this development approval may be covered by infrastructure agreements or deeds of agreement between the relevant parties for each matter. Only parties which are directly affected by the contents of each infrastructure agreement or deed of agreement need to be parties to the agreements.

33. All fees, rates, interest and other charges levied on the property, shall be paid in accordance with the rate at the time of payment.

Complete and Maintain

34. Complete and maintain the approved development as follows: (i) in accordance with development approval documents and (ii) strictly in accordance with those parts of the approved development which have been specified in detail by the Council or Referral Agency unless the Council or Referral Agency agrees in writing that those parts will be adequately complied with by amended specifications.

35. Complete and maintain all operational, building and plumbing and drainage work associated with this development approval, including work required by any of the development approval conditions.

Repair Damaged Infrastructure

36. The developer is responsible for locating and protecting any Council and public utility services, infrastructure and assets that may be impacted on during construction of the development. Any damage to existing infrastructure (road pavement, existing underground assets, signs etc) that is attributable to the progress of works on the site or vehicles associated with the development of the site shall be immediately rectified in accordance with the asset owners’ requirements and specifications and to the satisfaction of the asset owners’ representative(s).

37. Council is to be indemnified against any claims arising from works carried out by the applicant on Council’s property.

No Cost to Council

38. The developer is responsible for meeting all costs associated with the approved development unless there is specific agreement by other parties, including the Council, to meeting those costs.

39. All rates and charges of any description and all arrears of such rates and charges, together with interest outstanding thereon, on the land, due to the Council, shall be paid to the Council prior to any approved use commencing.

Latest versions

40. Where another condition refers to a specific published standard, manual or guideline, including specifications, drawings, provisions and criteria within those documents, that condition shall be deemed as referring to the latest versions of those publications that are publicly available at the time the first operational works or compliance approval is lodged with the assessment manager or approval agency for those types of works to be performed or approved, unless a regulation or law requires otherwise.

Application Documentation

41. It is the developer’s responsibility to ensure all entities associated with this Development Approval have a legible copy of the Decision Notice and the Approved Plans and Approved Documents bearing ‘Council Approval’.

Electricity Easement

42. All easement conditions must be maintained.

43. No aspect of the development or activities associated with the development are to occur within the existing easement.

44. No aspect of development is to cause subsidence, ground instability or changes in ground level within the easement area or within 10 metres of either side of the SWER line.

45. Electricity infrastructure within the proposed development site is adequately

protected and Ergon Energy has unrestricted access for maintenance and operation needs. Note: an Ergon Energy lock can be provided.

46. Electrical safety clearances for both the SWER line and 132 kV Powerline must be maintained at all times. All works must comply with the Electrical Safety Act 2002 (the Act). Note: the SWER line may need to be moved to comply with the Act and this condition.

47. No significant increase in airborne pollutants (ie. dust) is to occur as a result of the proposal, to limit adverse impacts on electrical infrastructure.

48. Should changes to Ergon Energy infrastructure be proposed or required, including to the SWER line, as part of the development, those changes are made with Ergon Energy's consent and at the developer/owner's expense.

49. The developer will be required (if needed) to negotiate electricity supply arrangements by applying in writing to Ergon Energy, or by contacting Ergon Energy on 13 10 46. Early contact is recommended. Should the development require permanent electrical distribution infrastructure for its ongoing operations (eg. Pad mounted transformers), early contact with Ergon Energy (ie. prior to detailed design) can ensure any requirements are accounted for in a timely and efficient manner.

Charges Schedule A - Local Roads Additional Impacts

1. This condition is required because the development will impact on the local roads when materials associated with the operation of the extractive industry are carried along those local roads. The local roads additional impacts charge covers all roads in the Maranoa Regional Council Area where heavy vehicles of the type used in this activity/use are permitted to travel. The tonnage of extracted material leaving the extractive industry is deemed to be a proportional measure of the total traffic to and from the site.

2. A local roads additional impacts charge of $0.50 per tonne will be paid to Maranoa Regional Council for all extracted material transported from the site. This is the local roads additional impacts charge for the 2013-2014 financial year. Until such time as (1) the methodology is amended or (2) the level of use is changed or (3) Council has amended charges as a result of a review requested by the extractive industry operator, the local roads additional impacts charges amount will be increased or decreased annually by a percentage equivalent to the change in All groups consumer price index for Brisbane published by the Australian Statistician.

3. The payment of the local roads additional impacts charge must be made by the extractive industry operator within 14 days of the end of each 3 month period, with the periods starting with the commencement of the use/activity. The extractive industry operator must calculate the payment and provide details of the calculation. If no payment is made within the set time, the Council may demand payment based on the maximum approved annual production capacity of the activity/use divided by 4. The maximum approved annual production capacity of the extractive industry will be deemed to be the maximum capacity of the extractive industry listed in the approvals for the site. If the extractive industry operator does not pay the local roads additional impacts charge for two consecutive periods, the Council can require the holder of the development approval to pay the local roads additional impacts charge to the Council.

4. The holder of the development approval or the extractive industry operator may ask for the local roads additional impacts charge to be reviewed once in every three year period after the approval for the activity/use was given. The review will take account of the rates and methodology applying to similar operators in the Council Area and the facts and circumstances applying to this approved activity/use.

5. The Council may review and amend the methodology for calculating the local roads additional impacts charge but any changes resulting from amendments to the methodology will not take effect for a minimum of 2 years from the date of adoption by Council unless the extractive industry operator request earlier changes to the charges.

6. Despite the payment of a local roads additional impacts charge, the Council may stop the extractive industry operator from using particular roads. The reasons may include Council concerns about the level of damage being caused or may be caused to those particular local roads by the addition to total road use of heavy vehicles associated with the extractive industry.

7. Council or its representatives is entitled to inspect, copy and audit any records which may help to prove the actual use of the road network by the extractive industry operator or the approval holder(s) for the purposes of assessing the local roads additional impacts charge. The extractive industry operator and the approval holder(s) have agreed by the acceptance of this condition that the Council has their agreement and permission to access those records wherever held and that their agreement and permission cannot be revoked.

8. These charges can be included within an infrastructure agreement or deed of agreement with the Council, the extractive industry operator and any other relevant parties by consent of the parties. The extractive industry operator, the approval holder and the Council may vary the charges and other factors by mutual consent where circumstances warrant such variations and the community interest is protected.

Body of Report: Refer to Attachment 1

Consultation (internal/external):

- State Assessment & Referral Agency/DSDIP (Concurrence agency)

- Queensland Rural Fire Service (Third Party Advice)

- Ergon Energy (Third Party Advice)

- Ruth Golden, Specialist Development Engineer (Internal)

- Public notification was undertaken in accordance with the requirements of SPA.

Risk Assessment (Legal, Financial, Political etc.):

The applicant has appeal rights under SPA against any decision of Council.

Policy Implications:

The application generally accords with the policy position of the Bendemere Shire Planning Scheme.

Financial Resource Implications:

Local Road Impacts

The proposed development approval conditions include provisions for a Network Access Charge which takes account of the proportional impact of the development on the local government road system. The Network Access Charge (NAC) has been initially set at $0.50 per tonne for all extracted material leaving the site. The NAC allows for the use of all parts of the local government road system open to vehicles of the weight and type used in the extractive industry operations.

The information and requirements for the payment of the NAC are contained in the Charges Schedule - Local Roads Additional Impacts which is attached to the approval and forms part of the conditions.

Environmental Management

With the emphasis placed by the Queensland Government on the separation of responsibilities, the approval of development applications by the Council now includes conditions that make it clear that Council does not take responsibility for the environmental management of quarries where an environmental authority has been issued by the Department of Environment and Heritage Protection.

The Council conditions now state that the approval relies on the environmental authority for the site to provide the basis for managing environmental impacts. The conditions also state that the approval also relies on the entity approving and managing the environmental authority to meet its responsibilities. To make this point very clear, the conditions state that the Council will not take any responsibility for the management of environmental impacts unless the entity is unable to act.

It does mean that the standards and approval of civil works and services that are the responsibility of the Council will be subject to environmental impact management requirements that may be imposed by the environmental authority.

As a reserve power, the conditions contain a “sleeper” clause. This clause is inserted just in case the environmental authority or the Department of Environment and Heritage Protection cease to exist during the life of the quarry, which could be 30 years or more. This “sleeper” clause states that if the environmental approval issued by a State agency ceases to have effect and is not replaced by an appropriate approval, code or law, then the conditions of the original environmental approval given for this use on this site become conditions of this approval. References in the original environmental approval to the State agency will then be construed as references to the Council to the greatest extent possible.

By taking this approach, the holder of the approval can clearly see who is responsible for the oversight of site environmental management. It also helps restrict “jurisdiction shopping”. The other result is that it makes it clear that the Department of Environment and Heritage Protection is the entity responsible for environmental management.

Link to Corporate Plan:

Corporate Plan 2009-2013 — 8.3.1(a) Regulate and control development in a consistent and responsible manner that enhances the lifestyle of our community whilst promoting sustainable development.

Supporting Documentation:

1 View	Body of Report	D14/22960
2 View	Development Plans	D14/22725
3 View	Department of State Development, Infrastructure & Planning - Concurrence Agency Response	D14/15712

Report authorised by:

Danielle Pearn, Manager - Planning & Building Development

Attachment 1

Body of Report

Background Information

Proposed Land Use

The application seeks to establish a Material Change of Use for "Extractive Industry” (up to 100,000 tonnes per annum), on land at 40742 Warrego Highway, Jackson QLD 4426 (described as Lot 26 on Plan BWR145 and Lot 28 on Plan BWR122).

Details of Proposed Development

The applicant (Annejeda Pty Ltd) proposes to establish a white rock quarry for civil (road) construction, with an annual production of up to 100,000 tonnes. The operations at the site include winning, screening, stockpiling and loading.

Although the proposed development constitutes an “environmentally relevant activity” under the Environmental Protection Act 1994, the proposed maximum production of 100,000 tonnes per annum does not constitute a “concurrence ERA” under the Sustainable Planning Regulation 2009. Environmental approval is to be considered separately from this application by the Department of Environment & Heritage Protection.

The proposed extraction area is located over both Lot 28 on BWR122 and Lot 26 on BWR145 (which have a combined area of 405.28 hectares). The extraction area occupies 82.6 hectares of the total site area over four stages. The projected total extraction is 2.5 million tonnes, equivalent to 25 years operation under the requested approval. The large extraction area contains approximately 50% ‘least concern’ and ‘high value regrowth’ vegetation. Accordingly, the proposal is conditioned to clear vegetation only within the mapped extents, and also to clear in the stages as indicated, and as operations proceed.

The activity involves strip mining techniques, excavating to a depth of approximately 2400mm, with no blasting required. As well as extraction, the activity includes winning, processing, screening, stockpiling and distribution of gravel material. Vehicles and equipment proposed to be used onsite include:

- Front end loader

- Excavator

- Screening plant

- Trucks

The activity does not propose any permanent buildings or structures, and includes the use of moveable offices and amenities on site. Portable water supply, waste removal and power generation are proposed.

When operating, the development will employ up to four people on site. The applicant has requested operating hours of 6am to 6pm Monday to Saturday, which aligns with the operating hours for similar developments that have been recently approved in the Region.

Figure 1 – Zoning Map/Site Locality (Source: Mapinfo)

Figure 2 – Aerial Map (Source: Nearmap 2012)

Characteristics of the Site

The site is located approximately 500 metres east of the Jackson Township; the extraction area being a minimum of 1.75 kilometres from the town. Access to the site is via the Warrego Highway, which runs along the southern boundary of both lots. The site is zoned rural, and reticulated water and sewerage are not available.

An approved use (Wastewater Treatment Facility) exists and is in operation within Lot 26 on BWR145. Both lots contain mapped remnant vegetation, and some clearing of this is proposed for the quarry. This clearing has been approved by DNRM. Lot 26 on BWR145 contains a small area of endangered regional ecosystem, but it is not proposed to disturb this area.

An electricity line easement runs east – west across both lots, north of the extraction area. Ergon Energy has supplied eight conditions to protect the easement and infrastructure, and these conditions have been included in the proposed conditions of approval.

There are two rural residences (sensitive receptors) closer to the proposed extraction area than the Jackson township, located at a distance of approximately 1.25 kilometres from the extraction area. A submission has been made against the proposal by the owner of one of these properties, concerning potential dust and noise produced by the quarrying operations. Conditions concerning the minimisation of dust, noise and other nuisance are included in the approval, and are considered sufficient for managing any potential future nuisance caused by the quarry. Details of the issues raised by the submission and the management of these issues are contained later in this report.

Transport and Haulage

Access to the site is to be via a single entry from the Warrego Highway that is already in use as part of the wastewater treatment operations that are approved and in operation within Lot 26 on BWR145. Quarry material will be transported by way of truck & dog haul (34 tonnes) and double road trains (48 tonnes). Based on a maximum allowable extraction of 100,000 tonnes per annum, the site will generate up to approximately 1176 truck and dog movements annually, and 3,332 double road trains annually. It will also generate up to 129 vehicles movements per week.

The application states that the final destination of the material is unknown but it is assumed 100% of its loaded vehicles will enter the Warrego Highway and will travel both east and west before diverging to their destination.

The application has been referred to Department of Transport and Main Roads (via the State Assessment and Referral Agency). The department has responded, indicating that no additional road works are required on the Warrego Highway for the quarry’s operations, and that a single monetary contribution of $1487.00 is to be made during the first year of operation.

Infrastructure Connections

The development site does not have reticulated water or sewerage networks available. As a result, alternative water supply and sewerage treatment solutions will need to be provided on site. Appropriate conditions of approval have been included within the schedule of conditions to ensure that a suitable potable water supply and amenities are available on site.

Public Notification

As the development application is impact assessable, public notification is required in accordance with Section 297 of the Sustainable Planning Act 2009. The application was publically notified between 6 December 2013 and 10 January 2014. One submission was received during this period. Details of the submission are contained later in this report.

Definition of Use & Assessment Status

The Bendemere Shire Planning Scheme defines the proposed use as:

"Extractive Industry" means any premises used for the winning or treatment on the land or on adjacent land, or gravel, rock, sand, soil, stone, or other similar materials. The term does not include the removal of materials authorised by Section 32(13) of the Local Government Act 1993, or mining within the meaning of the Mineral Resources Act 1989.

The application is subject to Impact Assessment, and so requires assessment against the Desired Environmental Outcomes and the Rural Zone Code of the Planning Scheme:

Desired Environmental Outcomes

The Desired Environmental Outcomes (DEOs) are based on ecological sustainability established by the Integrated Planning Act 1997, and are the basis for the measures of the Planning Scheme. Compliance is outlined below:

(a) Environment

(i) The areas of high scenic amenity, remnant vegetation, wetlands, fauna habitats and wildlife corridors and regionally significant open space in the Shire are protected.

Remnant Vegetation, Protected Areas and Medium and High Bushfire Hazard Areas are identified within the development site. Clearing of vegetation is required to enable the proposed quarry operations. The Department of State Development , Infrastructure and Planning (DSDIP) has referred the development proposal to the relevant department, and has returned conditions of approval which limit vegetation clearing to a defined area and ensure the preservation of surrounding areas of environmental significance.

The development will operate in accordance with a Site Based Management Plan and DSDIP’s conditions of approval to minimise environmental impacts of the use. The Site Based Management Plan incorporates a management strategy for the rehabilitation of disturbed areas when the uses ceases.

(ii) Places, areas or sites identified as being susceptible to land degradation, including contamination, erosion, salinity and landslip, are protected and further degradation is minimised.

Matters relating to land degradation can be appropriately addressed by way of the mitigation measures detailed in the activity management plans and by way of conditions of development.

(iii) Ecological sustainability is achieved by maintaining and improving biodiversity, water and air quality.

The development will be limited to a maximum disturbance area of approximately 82.6 hectares. Operations of the use will be undertaken in accordance with a Site Based Management Plan and conditions of approval imposed by DSDIP and the Department of Environment and Heritage Protection (in the form of approved Environmental Authorities) to minimise environmental impacts.

(iv) Places of historical and indigenous cultural heritage and social significance are protected, maintained and enhanced.

The site is not identified as being in proximity to a place of historical, cultural or social significance. The quarry is sufficiently remote from the places and buildings within the Jackson township to protect them from adverse impacts.

(b) Economic

(i) Good Quality Agricultural Land is protected as a major economic resource for the region.

The site is identified as containing GQAL. The quarry operations will affect approximately 20% of the site, a significant portion of which is presently under regrowth vegetation, and therefore not currently productive. Extractive industry is most appropriately located in rural areas. The quantity of good quality agricultural land in the Jackson area will not be significantly changed by the development.

(ii) Key Resource Areas, extractive resources, petroleum, gas and mineral resources are protected as a major economic resource for the region.

The proposed development will not prejudice the operation of resource industries within the region. The material to be extracted from the quarry site is to contribute to the development of resource industries, by supplying road construction and hardstand material for civil construction.

(iii) Industry, business and employment opportunities are improved and appropriately located to service the community and region, and encourage economic activity within the local area.

The proposed development is for a local extractive industry within convenient travelling distance of Jackson and Yuleba, and will provide work opportunities and material for civil construction purposes. The development will therefore make a general contribution to the economic growth of the region.

(iv) Rural business opportunities are improved to protect and value-add to the existing rural based economy.

The proposed development brings diversity to the existing rural based economy and contributes to resource industry requirements at a local level. The development will generally improve local business opportunities and protect the existing rural based economy.

(i) A convenient access to roads and services is achieved through well located land uses and the efficient use and timely provision of infrastructure such as water, sewerage and roads walkways and cycling facilities.

The proposed development will gain vehicle access via the Warrego Highway. Direct access to the Warrego Highway offers effective transportation of the extracted materials while keeping heavy vehicle haulage on local roads to a minimum. The development places minimal additional demand on existing water and sewerage services in the Jackson area. Matters relating to the provision of any other infrastructure needs can be appropriately addressed by way of conditions of development.

(ii) Rural residential and urban residential development occurs in distinct localities that provide a sense of community, amenity, services, and a safe, affordable living environment, whilst maintaining the rural amenity of the shire. The role and identity of Yuleba and Wallumbilla townships as the main business and community centres of the shire is consolidated.

The proposed development is for an extractive industry, adequately separated from Jackson to preserve the living environment within the town. Haulage from the quarry will occur directly along the Warrego Highway, and will not increase impacts of traffic within the town.

(iii) Infrastructure networks such as road, rail, water cycle and electricity are protected from encroachment by sensitive land uses which may adversely affect or limit the normal operation of that infrastructure.

The proposed development is not considered to be a sensitive land use and will not adversely impact on the current or future operations of established infrastructure networks.

(iv) The adverse effects from natural and other hazards, including bushfires are minimised.

The site is identified as containing a significant area of high bushfire hazard area. Matters relating to bushfire management can be appropriately controlled by the provision of a bushfire management plan, which is required as a condition of approval.

(v) The range of housing types, services and facilities meets the needs of the community and other uses.

The proposal is for an Industrial use and will not affect the range of housing types in the town.

Overall Outcomes for Rural Zone Code

The Rural Zone Code identifies overall outcomes providing direction about relevant assessment issues. The overall outcomes for the Rural Zone Code are the purpose of the code. The code seeks to ensure that development within the Rural Zone:

(a) reflects the economic potential of the rural area

The proposed development utilizes a natural resource to develop the economic potential within the Jackson area. By contributing road and hardstand construction material, developing the resource contributes to the growth of the resource industry and other industries in the Maranoa Region.

(b) is appropriately located within the Rural Zone and existing and future rural activities are not prejudiced by inappropriate development

Extractive Industry is most appropriately located in the Rural Zone. Proximity to the Warrego Highway ensures that heavy vehicle haulage does not impact on local roads and the existing rural activities in the Jackson region.

(c) maintains the environment, including soil, air and water, compatible with healthy natural systems and ensures public health and safety

Matters relating to adverse environmental impacts can be appropriately addressed by way of the mitigation measures detailed in the activity management plans and by way of conditions of development.

(d) protects Good Quality Agricultural (GQAL) from fragmentation, alienation or encroachment of incompatible land uses in accordance with State Planning Policy 1/92 – “Development and Conservation of Agricultural Land”

(e) is located, designed and operated in a manner that protects and enhances the predominant rural scale, intensity, form and character

The proposed development will be undertaken within a defined area of land comprising approximately 82.6 hectares contained within a larger 405 hectare parcel. The development achieves adequate separation from sensitive land uses and buildings and excavation associated with the use will be appropriately setback from site boundaries ensuring the rural character and amenity is maintained.

(f) maintains the rural amenity

Extractive industry is commonly located within rural areas. Operations of the proposed use will be limited to a defined area within the site that is separated from residences on adjoining properties. The development will not prevent the continuation of existing uses to on the remaining site area.

(g) does not prejudice or impact adversely on other uses including those within other Zones

The proposed development will not significantly prejudice the establishment of other uses within the locality, including those within other zones.

(h) has an appropriately designed access to the road network and traffic generated by the development does not impact adversely on the local road network

The proposed development will gain vehicle access to the Warrego Highway, by way of an existing sealed crossover. Such direct connection with the State controlled road offers an ideal access to the broader road network.

(i) protects areas and sites of conservation importance, including cultural and high landscape values

Any environmental impacts in terms of protected areas and sites of conservation importance can be appropriately controlled by way of the mitigation measures detailed in the Site Based Management Plan, and by way of conditions of development.

(j) is undertaken in an orderly and logical sequence to achieve an efficient provision of infrastructure

The proposed development does not represent out-of-sequence development, and supports the efficient provision of infrastructure by the provision of civil construction materials

(k) is located and designed in ways that minimise the need for flood, bushfire and landslide mitigation and to protect people and premises from such natural events

The site is identified as containing areas of bushfire hazard. Matters relating to bushfire management can be appropriately controlled by the provision of a bushfire management plan, which is required as a condition of approval.

(l) has water supply, stormwater disposal, sustainable effluent and waste disposal and power to appropriate standards adequate for the use

The proposal has only a relatively small requirement for services, and has been conditioned to allow for this requirement to be provided with temporary and transportable delivery. Provision of electricity may also be via onsite generation.

(m) does not impact adversely on infrastructure

Impacts on infrastructure are to be appropriately addressed by way of conditions of development. Impacts on the local road network are mitigated by the application of charges for transportation of heavy materials within the region via the application of the network access charge to the development.

The Code’s relevant Performance Criteria are shown below, in order to more easily permit structured and detailed consideration of relevant issues—

Rural Zone Code

Performance Criteria

Assessment responses

A. A. For all the Rural Zone

1. Infrastructure

PC 1 Electricity

Premises are provided with a supply of electricity adequate for the activity.

The proposal includes the provision of on-site electricity generators, suitable for the use. Reticulated electricity is available if required in the future.

Matters relating to the provision of electricity can be addressed in the conditions of development.

PC 2 Water Supply

Premises are provided with an adequate volume and supply of water for the activity.

The proposal includes sedimentation ponds which will provide onsite storage for dust suppression and fire fighting purposes. Water will also be carted in when the need arises.

Matters relating to water supply can be appropriately addressed in the conditions of development.

PC 3 Effluent Disposal

To ensure that public health and environmental values are preserved, all premises provide for the treatment and disposal of effluent and other waste water.

A portable ablution block will provided for site staff. This will be installed and maintained in accordance with manufactures specifications.

PC 4 Stormwater/Inter-Allotment Drainage

Stormwater is collected and discharged so as to:

(a) protect the stability of buildings or the use adjacent land;

(b) prevent the water-logging of nearby land; and

The proposal includes directing run-off from disturbed areas within the quarry work area to a sediment basin.

Matters relating to stormwater collection and drainage can be appropriately addressed by way of the mitigation measures detailed in activity management plans and by way of conditions of development.

PC 5 Vehicle Access

Vehicle access is provided to a standard appropriate for the use.

Access to the site will be provided via an existing sealed crossover to the Warrego Highway. Internal access roads will constructed of an all weather gravel material.

PC 6 Parking and manoeuvring

Vehicle parking and service vehicle provision is adequate for the use whilst ensuring both safe and functional operation for motorists and pedestrians.

The proposed activity is located on a large rural allotment, with sufficient area for onsite vehicle parking and manoeuvring.

PC 7 Roads

All weather road access is provided between the premises and the existing road network.

Access to the site will be provided via an existing sealed crossover to the Warrego Highway.

PC 8.1 Highways

All Highways are maintained and enhanced as a link between major centres.

PC 8.2 State Controlled Roads

Development adjacent to State Controlled

Roads is located to ensure safe and efficient use of the highway and maintain the integrity of the highway as a commuter link

PC 8.3 Noise Sensitive Developments

Noise sensitive developments (residential, educational and community) must ensure that road traffic noise levels are appropriately managed to achieve acceptable levels of amenity.

The site is provided with an existing sealed access to the Warrego Highway.

DSDIP/DTMR have assessed the development application in relation to impacts on road infrastructure and have imposed conditions.

PC 9 Gas and Oil Pipelines

Buildings are located at an appropriate distance from pipelines to ensure community safety and operation of the use is not compromised.

N/A – The subject site is not located in close proximity to any gas or oil pipelines.

PC 10 Refuse Tips and Effluent Treatment Plants

Buildings are located at an appropriate distance from refuse tips or effluent treatment plants to ensure community safety and operation of the use is not compromised.

A waste treatment facility currently operates on Lot 26 within the site. The proposed extraction areas and site operations are appropriately separated from the waste facility and will not be adversely affected by its operation.

PC 11.1 Rail Corridors

Development is at an appropriate distance from the rail corridor so as not to prejudice safety, speed or intended role of the existing and proposed rail corridors.

PC 11.2 Noise Attenuation

Development adjoining the rail corridor is protected from the impact of noise

The subject site is separated from the rail corridor to the south by the Warrego Highway. The development will not affect the operation of the railway nor be impacted by noise from rail activity.

PC 12 Electricity Transmission Line

Easement – Vegetation

Transmission lines within an Electricity transmission line easement are protected from vegetation.

No development will occur within the electricity easement located at the north of the subject site.

Conditions protecting this infrastructure have been imposed in accordance with Ergon Energy advice.

PC 13 Electricity Transmission Line

Easement – Separation Distance

Habitable buildings and community orientated uses are located a minimum distance from lines to ensure community safety.

No development will occur within the electricity easement located north of the subject site.

Conditions protecting this infrastructure have been imposed in accordance with Ergon Energy advice.

2. Environment

PC 14 Watercourses

Development ensures the maintenance of riparian areas and water quality including protection from off-site transfer of sediment.

The stormwater management plan details how stormwater runoff will be controlled to ensure water quality guidelines are met. Compliance with this will be enforced as a condition of approval. Stormwater within the site will be collected for treatment and reused for dust suppression and fire fighting purposes.

PC 15 Flooding

Premises are designed and located so as:

(a) not to be adversely impacted upon by

flooding;

(b) to protect life and property; and

The proposed quarry is not located in areas that may be subject to flooding.

PC 16 Air Emissions

Air emissions from premises do not cause environmental harm or nuisance to adjoining properties or sensitive land uses.

It is considered that the proposed development will not create significant air emissions.

The Department of Environment & Heritage Protection assessed the application in relation to environmental impacts and issued a permit (separate to the assessment under SPA 2009).

PC 17 Noise Emissions

Noise emissions from premises do not cause environmental harm or nuisance to adjoining properties or sensitive land uses.

Matters relating to noise emissions can be appropriately addressed by way of the mitigation measures detailed in the activity management plans and by way of conditions of development.

The Department of Environment & Heritage Protection assessed the application in relation to environmental impacts and issued a permit (separate to the assessment under SPA 2009).

PC 18 Water Quality

The standard of effluent and/or stormwater runoff from premises ensures the quality of surface water is suitable for:

(a) the biological integrity of aquatic ecosystems;

(b) recreational use;

(d) agricultural use; or

(e) industrial use.

The proposal includes directing run-off from disturbed areas into a sediment basin, the water from which is to be used for dust suppression and fire fighting purposes.

The Department of Environment & Heritage Protection assessed the application in relation to environmental impacts and issued a permit (separate to the assessment under SPA 2009).

PC 19 Excavation and Filling

Excavation and filling of land ensures:

(a) that both the amenity and safety of users of the site and adjacent land holdings; and

(b) soil erosion is kept to a minimum with remedial works.

Matters relating to excavation and filling can be appropriately addressed by way of conditions of development.

PC 20 Construction Activities

Both erosion control and silt collection measures are undertaken so as to ensure protection of environmental values during construction.

Matters relating to construction activities can be addressed in the conditions of development.

PC 21 Good Quality Agricultural Land

Good Quality Agricultural Land areas as identified on Map R2 - Good Quality Agricultural Land are conserved and managed for the longer term and protected from development that may lead to its alienation or diminished productivity.

PC 22 Vegetation Retention

Development retains vegetation for the:

(a) protection of scenic quality;

(b) protection of general habitat;

(d) establishment of open space corridors and networks

Remnant Vegetation, Protected Areas and Medium Bushfire Hazard Areas are identified within the development site. Clearing of vegetation is required to enable the proposed quarry operations. DSDIP has assessed the development proposal and imposed conditions of approval which limit vegetation clearing to a defined area and ensure the preservation of surrounding areas of environmental significance. The development will operate in accordance with a Site Based Management Plan and conditions of approval imposed by the DSDIP to minimise environmental impacts of the use. The Site Based Management Plan incorporates a management strategy for the rehabilitation of disturbed areas when the uses ceases.

PC 23 Protected Areas

Development is undertaken to ensure areas of significant biodiversity and habitat value are protected.

The proposed development will involve some clearing of Protected Areas in order to extract the resource.

DSDIP have imposed conditions of approval restricting vegetation clearing to a defined area to ensure the preservation of surrounding areas of environmental significance. The Site Based Management Plan incorporates a management strategy for the rehabilitation of disturbed areas when the uses ceases.

PC 24 Sloping Land

Development is undertaken to ensure:

(a) vulnerability to landslip erosion and land degradation is minimised; and

(b) safety of persons and property is not compromised

The proposed development will not be undertaken on slopes greater than 15%.

PC 25 Bushfire Hazard

Development maintains the safety of people and property by avoiding areas of High or Medium Bushfire hazard or mitigating the risk through:

(a) the siting of buildings ensuring setbacks from hazardous vegetation are maximised and elements least susceptible to fire are sited closest to the bushfire hazard; and

(b) the provision of firebreaks to ensure adequate setbacks between buildings, structures and hazardous vegetation

The site is identified as containing a small area of medium bushfire hazard risk. The proposal provides for suitable buffer areas and an adequate on-site water supply for fire-fighting purposes.

Recommended conditions of approval require the development of a bushfire management plan.

PC 26 Character Buildings

Development adjacent to buildings identified as heritage or character buildings in Schedule 10 incorporates design features, materials and details that blend with the existing character.

N/A – The site is not located in proximity to any character buildings.

PC 27 Cultural Heritage

The significance of known places of indigenous and/or cultural heritage value is retained.

N/A – The site is not located in proximity to any cultural heritage areas.

B. Specific Land Uses

PC 28 – Catteries and Kennels