Agenda of General - 28 May 2014

Minutes of the General Meeting of maranoa Regional Council held at Roma Administration Centre on 14 May 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, Acting Coordinator Local Development & Council Events – Sue Sands, Manager Economic & Community Development – Ed Sims, Manager Infrastructure Planning & Design – Kym Downey, Coordinator Tourism – Megan Swords, Specialist Business Development – Ryan Gittins, Manager Facilities – Tanya Mansfield.

GUESTS

There were no guests in attendance at the meeting.

WELCOME

The Mayor welcomed all present and declared the meeting open at 9.05am, noting that Cr Price was attending to a family matter and may be a late arrival or apology for the meeting. Further notification would be received during the meeting.

APOLOGIES

Resolution No. GM/05.2014/01

Moved Cr O'Neil Seconded Cr Flynn

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

CARRIED 8/0

Confirmation of Minutes

Resolution No. GM/05.2014/02

Moved Cr Denton Seconded Cr Chambers

That the minutes of the General Meeting (7-23.04.14) held on 23 April 2014 be confirmed, inclusive of the following amendments:

Resolution Number: GM/04.2014/36 be amended to state:

“That Council donate all batteries received at Council waste facilities in the Maranoa region towards the Surat State School P&C Battery Muster.”

That the Mayor’s declaration of a perceived ‘Conflict of Interest’ in relation to Item C.2 “Community Grants Program” was due to him being a member of the Injune Retirement Village instead of the Injune Hospital Auxiliary as recorded.

CARRIED 8/0

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

Corporate, Community & Commercial Services

Item Number: 11.1	File Number: D14/30011
Subject Heading: Fire & Water Festival Mitchell
Author and Officer’s Title: Jane Fenton, Local Development Officer Mitchell
*Executive Summary:* The Fire and Water Festival 2010 was delivered by a steering committee consisting of Maranoa Regional Council Staff, School Principals from Mitchell, Mungallala & Dunkeld, Indigenous Elders, Nalingu Aboriginal Corporation, Booringa Action Group, Maranoa Arts Gateway and Dunkeld Pony Club, and was heavily funded by Maranoa Regional Council, as well as other funding bodies. The previous Local Development Officer (Acting) - Mitchell conducted an Expression of Interest survey in late 2013 to gauge interest from the community in forming a steering committee for a Festival in 2014. Only one (1) Expression of Interest was received. The low response rate is likely influenced by hardships experienced in the community as a result of severe drought conditions, and it was suggested the festival should be re-evaluated once the drought has broken. It was further recommended that Council may have wished to consider the current funding in the 2013/14 budget for the event be reallocated to the Amby Progress Association for the Placemaking Garden project. This project was not funded through Community Grants due to budget constraints.

Resolution No. GM/05.2014/03 Moved Cr Chambers Seconded Cr O'Neil That Council: Acknowledge that due to lack of community interest as a result of prevailing drought conditions, the Fire & Water Festival would not be scheduled for 2014; Reallocate the $8,000 currently in the 2013/14 budget for the Mitchell Fire & Water Festival to the Amby Progress Association for the Placemaking Garden project, which was not funded through Community Grants due to budget constraints; Consider the provision of budget support in future years if warranted by community interest. CARRIED 6/2

Responsible Officer	Local Development Officer Mitchell/Specialist – Strategic Finance

Infrastructure Services

Item Number: 12.1	File Number: D14/24913
Subject Heading: Request for Intersection Upgrade for Bus Turnaround Area – Dargal Road and Moorelands Lane
Author and Officer’s Title: Kylie Fleischfresser, Specialist - Infrastructure Planning
*Executive Summary:* Council had received a request for an upgrade of the intersection of Dargal Road and Moorelands Lane to allow for a bus turnaround area.
Discussion: Council discussed current turn around options in the vicinity, and potential funding opportunities to undertake the requested works.
Resolution No. GM/05.2014/04 Moved Cr Schefe Seconded Cr Flynn That this request be included in the 2014/15 budget deliberations, subject to further investigation being undertaken to identify and estimate costs of other possible locations for a bus turnaround along the designated bus route (including potential funding opportunities). CARRIED 7/1

Responsible Officer	Specialist - Infrastructure Planning/Specialist - Strategic Finance

Item Number: 12.2	File Number: D14/27218
Subject Heading: Request Gravel Upgrade - Corfe Road, Roma
Author and Officer’s Title: Kylie Fleischfresser, Specialist - Infrastructure Planning
*Executive Summary:* Council had received a request for gravel upgrade on Corfe Road, Roma.

Resolution No. GM/05.2014/05 Moved Cr O'Neil Seconded Cr Newman That this request be included in budget considerations. CARRIED 8/0

Responsible Officer	Specialist - Infrastructure Planning/Specialist – Strategic Finance

Development, Facilities & Environmental Services

Item Number: 13.1	File Number: D14/27557
Subject Heading: Arts and Culture Policy 2014 - 17
Author and Officer’s Title: Jacqueline Burns, Coordinator - Libraries, Arts & Culture
*Executive Summary:* The Maranoa Regional Council is updating the Interim Arts and Culture Policy document from 2009. The Arts and Culture policy 2014 – 17 is intended to supersede the previous policy document.
Discussion: The Chief Executive Officer (CEO) provided Council an overview on progress of the Quality system development and the types of documents which include plans, processes and procedures. Further that this policy will be incorporated into the new system.
Resolution No. GM/05.2014/06 Moved Cr Chambers Seconded Cr Denton That the item be removed from the Agenda to allow further refinement of the draft policy in line with organisational development of the Quality Management System; the latter including development of a standardised template structure for all future Council policies. Further that, once completed, the policy be presented to Council for further consideration. CARRIED 8/0

Responsible Officer	Coordinator - Libraries, Arts & Culture

Item Number: 13.2	File Number: D14/30579
Subject Heading: Surat Racecourse Amenities
Author and Officer’s Title: Tanya Mansfield, Manager - Facilities
*Executive Summary:* Council had received a request from the Surat Racecourse User Group seeking further financial assistance towards costs to install an ablution block at the Warroo Sporting Complex. Council has already committed to provide assistance with plumbing and connection of the amenities to electricity. However, the project is experiencing a budget shortfall, and the User Group has requested Council also fund the cost of stumping, installing steps and slab for steps, and fitting out a bathroom.

Resolution No. GM/05.2014/07 Moved Cr O'Neil Seconded Cr Wason That Council:- Support the Surat Racecourse User Group’s initiative to construct a new ablution block at the Surat Racecourse; Reaffirm its commitment to connect the new amenities to electricity and complete necessary plumbing work; Undertake and fund the cost of stumping the building on fully adjustable steel stumps, installing supplied steps and slab for steps, and supplying and installing a urinal, shower and toilet into one room; Reallocate the balance of funds allocated in the Capital Works Budget to the Surat Grandstand Capital Works project ($10,000), to this project. (Any additional costs, once known be considered as part of the 2014/15 budget deliberations) CARRIED 8/0

Responsible Officer	Manager – Facilities/Specialist – Strategic Finance

Cr. Denton left the Chamber at 9.34am.

Cr. Denton entered the Chamber at 9.36am.

Item Number: 13.3	File Number: D14/31602
Subject Heading: Big Rig Enhancement Project Location: 2 Riggers Road, Roma.
Author and Officer’s Title: Megan Swords, Coordinator - Tourism
*Executive Summary:* The Big Rig Oil and Gas Interpretive Centre was established and opened in Roma in 2002. Since inception, few changes have been made to the site and as such, enhancements are required to ensure that the latest developments in Coal Seam Gas and Liquefied Natural Gas are presented in an up to date and impressive interpretive display. The master planning phase of the enhancement project was completed in early 2013 by Pacific Southwest Strategy Group (PSWSG) and the results can be found in the Big Rig Master Plan, May 2013. Further, a condensed version of their findings was compiled to clearly outline the short and long term goals for the project moving forward (Big Rig Enhancement Report – Project Inception). The overall Big Rig Enhancement Project (completed in May, 2013) has been split into two phases: 1. The short to medium term deliverables that relate to general maintenance and upgrades to displays & content. 2. Deliverables that relate to the implementation of the long-term vision for the site through establishing (all or components of) the following: a) Educational facilities (possible partnership with educational institutions and/or industry organisations to dispel the myths about the CSG industry) b) CSG industry hub (training, accreditation, medical etc) It is anticipated that the entire project (proposed by PSWSG) will be conducted over a period of 5 years and will cost approximately $4.8 million. Funding will be sought from all tiers of government, and the resource sector.

Resolution No. GM/05.2014/08 Moved Cr Newman Seconded Cr Wason That Council: Adopt the Big Rig Master Plan for Maranoa Regional Council – May 2013 presented by Pacific Southwest Strategy Group as the primary document guiding the direction for the enhancement of Roma’s Big Rig. Lobby for and seek external funding for the completion of the longer term strategies, as set out in the Big Rig Master Plan for Maranoa Regional Council – May 2013. Endorse the Big Rig Enhancement Report – Project Inception document as a condensed version of the Big Rig Master Plan for Maranoa Regional Council – May 2013, to guide the short term priorities for the Big Rig Enhancement project as budget becomes available. Incorporate the short to medium term project goals as identified in the condensed version of the Big Rig Master Plan into the Draft Corporate Plan 2014 – 2019. CARRIED 8/0

Responsible Officer	Coordinator - Tourism

Item Number: 13.4	File Number: D14/31729
Subject Heading: Council Submission to Agricultural Competitiveness Issues Paper – 17 April 2014
Author and Officer’s Title: Ryan Gittins, Specialist - Business Development
*Executive Summary:* In accordance with Council’s input at the Workshops of 2 and 8 April 2014, a response to the Federal Government’s Agricultural Competitiveness Issues Paper was submitted on 17 April 2014. Council’s retrospective approval of this submission was sought.

Resolution No. GM/05.2014/09 Moved Cr Schefe Seconded Cr Newman That Council formally endorse the submission made to the Federal Government’s Agricultural Competitiveness Issues Paper, as attached to the officer’s report., and as discussed informally with Councillors prior to lodgement. CARRIED 8/0

Responsible Officer	Specialist - Business Development

Item Number: 13.5	File Number: D14/20782
Subject Heading: Santos Water Flowline
Author and Officer’s Title: Josephine Horsfall, Coordinator - Property & Legal
*Executive Summary:* Santos QNT Pty Ltd had requested Council enter into a Conduct and Compensation Agreement over Kia Ora West Stock Route, Mansfield Road, Baffle West Qld, ID number U709BUNG01 for the purpose of constructing two Water Flowlines.

Resolution No. GM/05.2014/10 Moved Cr Denton Seconded Cr Schefe That Council enter into the Conduct and Compensation Agreement with Santos, and delegate authority to the Chief Executive Officer to sign the agreement on behalf of Council, subject to the successful resolution of the following:- (a) Council be paid the Construction Compensation amount; (b) Santos pay Council’s legal fees in accordance with the provisions of the Petroleum and Gas (Product and Safety) Act 2004. CARRIED 8/0

Responsible Officer	Coordinator - Property & Legal

Item Number: 13.6	File Number: D14/31726
Subject Heading: RSPCA Million Paws Walk 2014 Location: Parklands in Bungil Street, adjacent to Adungadoo Walk, Roma Applicant: Maranoa Vets
Author and Officer’s Title: Vincent (Vince) Stephens, Specialist Environmental Health & Waste
*Executive Summary:* Maranoa Vets have coordinated and organised the RSPCA Million Paws Walk 2014 in Roma on 18 May 2014, and have requested assistance from Council personnel.

Resolution No. GM/05.2014/11 Moved Cr O'Neil Seconded Cr Flynn That Council approve: 1. The use of the Parklands located on Bungil Street Roma, adjacent to Adungadoo Walk, for the assembly base of the RSPCA Million Paws Walk 2014. 2. The donation of three (3) Dog Registrations to the value of $54.00 per registration, as prizes for the dog events. CARRIED 8/0

Responsible Officer	Specialist - Environmental Health & Waste

Item Number: 13.7	File Number: D14/31968
Subject Heading: Endorsement of Projects to be Submitted for Funding Under Local Government Grants & Subsidies Program
Author and Officer’s Title: Susan (Sue) Sands, (Acting) Coordinator – Local Development & Council Events
*Executive Summary:* The 2014/15 Round of Local Government Grants & Subsidies is now open. Councils are invited to submit applications for funding from the areas of water, sewerage, community, crime prevention, economic development and tourism. Council’s endorsement was sought for the four projects which were prioritised by Council at the workshop on 7 May 2014 for submission under the program.

Resolution No. GM/05.2014/12 Moved Cr Wason Seconded Cr Schefe That Council submit applications under the 2014/15 Round of the Local Government Grants and Subsidies Program for four projects, and authorise the Mayor and Chief Executive Officer to sign the certification form. The projects to be submitted are: · Stage 2 Injune combined Washdown/Potable Water Facility · Stage 2 Roma Potable Water Facility · Big Rig Night Show Upgrade · Yuleba Service Centre CARRIED 8/0

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

Late Items

Item Number: L.1	File Number: D14/31141
Subject Heading: Third Quarter Budget Review 2013/14
Author and Officer’s Title: Claire Alexander, Specialist - Strategic Finance
*Executive Summary:* The Budget 2013/14 was adopted on 31July 2013, with the First Quarter Budget Review adopted on 13 November 2013 & the Second Quarter Budget Review adopted on 26 February 2014. This report is based on the Third Quarter Budget Review recently conducted by managers and staff. The budget review presented currently shows an estimated surplus of $1.6M. It incorporates new items and changes not previously identified in the original budgeting process, and at the first and second quarter budget reviews, and from the most recent review completed by Managers on Council’s operating budgets & capital works program 2013/14. Of this amount, $1.38M relates to carry over capital projects. Council had requested that a full review be conducted of all capital works intended for this financial year, in order to identify all works that potentially may be carried over to 2014/15. Managers have identified that a total of $6.8M of capital works will be carried over to 2014/15 (at the last review) and the total amount of $14.9M at this review.

Resolution No. GM/05.2014/13 Moved Cr Chambers Seconded Cr Flynn *That the Council adopt the Third Quarter Budget Review 2013/14 as shown in the following attachments to the officer’s report (pages 1-11), with the primary documents marked (): Page** 1 One Page Summary of Third Quarter Budget Review 2013/14 * 2 Revised Operating Revenue and Expense Budget Statements by Directorate 3 Revised Capital Revenue and Expenditure Budget Statements by Directorate 4 Revised Capital Reserves Budget Statements by Directorate 5 Revised New Loan and Loan Repayment Budget Statement by Directorate 6 Revised Operating Reserves Budget Statements by Directorate 7-13 Summary of Third Quarter Budget Review Changes 2013/14 – Operating Revenue & Expenses* 14 Summary of Third Quarter Budget Review Changes 2013/14 – Capital Expenditure 2013/14* Inclusive of an amendment to reallocate funds of $275,000 from savings on Bassett Park capital works ($20,000) and reallocation of funds from Place Making Roma/CBD redevelopment ($100,000) + $65,000 from the 2013/14 allocation, and Stores refurbishment ($90,000) as part of the current budget review. CARRIED 8/0

Responsible Officer	Specialist - Strategic Finance

Item Number: L.2	File Number: D14/31786
Subject Heading: Revenue Policy 2014/15
Author and Officer’s Title: Claire Alexander, Specialist - Strategic Finance
*Executive Summary:* The purpose of this Revenue Policy is to set out the principles used by Council for:  Levying rates and charges;  Granting concessions for rates and charges  The recovery of unpaid rates and charges; and  Cost recovery fees and methods;

Resolution No. GM/05.2014/14 Moved Cr Denton Seconded Cr Newman That Council: 1. Receive and note the document titled “Revenue Policy 2014/15”; and 2. In accordance with Section 193 of Local Government Regulation 2012, adopt the 2014/15 Revenue Policy. CARRIED 8/0

Responsible Officer	Specialist - Strategic Finance/Manager – Organisational Development

Item Number: L.3	File Number: D14/31785
Subject Heading: Register of General Cost-Recovery Fees and Commercial Charges 2014/15
Author and Officer’s Title: Claire Alexander, Specialist - Strategic Finance
*Executive Summary:* A briefing paper for 2014/15 Budget Parameters and timetable was presented at a Council workshop in March 2014. As outlined in the briefing paper, a 4% increase of the 2013/14 fees and charges has been recommended. Managers responsible for cost-recovery fees were advised to set fees so as to recover costs incurred by Council, and that such fees should not exceed the actual cost incurred by Council for the action for which the fee is charged. For commercial fees and charges, these fees are to be calculated as cost plus return including 10% Goods and Services Tax (GST). All fees are generally increased by 4% with the exception of the Saleyards, Waste Management and Airport fees. These fees remained the same as the 2013/14 fees & charges. A description of the Local Government Act 2009 provisions relating to fees and charges is provided in Attachment 1 of the officer’s report: Legislation. The final recommended Fees & Charges 2014/15 Schedule was provided in Attachment 2 of the officer’s report.

Resolution No. GM/05.2014/15 Moved Cr Chambers Seconded Cr Denton That Council: 1. Receive and note the report. 2. Adopt the fees in the Register of General Cost-Recovery Fees and Commercial Charges 2014/15, effective 1 July 2014. 3. Resolve that, in relation to those cost-recovery fees to which Section 97 of the Local Government Act 2009 applies: (i) the applicant is the person liable to pay these fees; and (ii) the fee must be paid at or before the time the application is lodged. 4. Delegate to the Chief Executive Officer the power to amend commercial charges to which section 262 (3) (c) of the Local Government Act 2009 applies. 5. Approve the omission of fees and charges for quarry materials and services in the Register of General Cost-Recovery fees and Commercial charges 2014/15. 6. Immediately commence notification of the fees in the Register of General Cost-Recovery Fees and Commercial Charges 2014/15 through all approved communication forums, for implementation from 1 July 2014. CARRIED 8/0

Responsible Officer	Specialist - Strategic Finance/Coordinator Elected Members & Community Engagement

Item Number: L.4	File Number: D14/31841
Subject Heading: Mitchell and Amby Flood Mitigation Study Stage 2 and Stage 3
Author and Officer’s Title: Cameron Castles, Director - Infrastructure Services
*Executive Summary:* Council’s consultant, Jo Tinnion of BMT WBM Pty Ltd, presented an overview and recommendations of the results of the Mitchell Flood Mitigation Study and Amby Flood Mitigation Study for Stage 2 and Stage 3 at the Council workshop on 8 April 2014. The final reports were presented to Council for formal acceptance.
Discussion: The Mayor thanked BMT WBM Pty Ltd for the significant work undertaken in delivering the findings for the Mitchell and Amby Flood Mitigation studies, and in their efforts in conducting the consultation process.
Resolution No. GM/05.2014/16 Moved Cr Chambers Seconded Cr O'Neil That Council: 1. Receive and endorse the final reports for the Mitchell Flood Mitigation Study and Amby Flood Mitigation Study for Stage 2 and Stage 3. 2. Endorse the applications submitted under the Queensland Government’s Disaster Mitigation and Resilience Funding program for the following: - Mitchell Master Drainage Study - Amby Master Drainage Study and Implementation Works - Mitchell Flood Mitigation Scheme CARRIED 8/0

Responsible Officer	Director - Infrastructure Services

Cr Wason declared a ‘Conflict of Interest’ due to him receiving financial compensation from GLNG Project activities carried out on parcels of land owned by him, and left the Chamber at 10.03am taking no further part in discussion or debate on the matter.

Item Number: L.5	File Number: D14/32374
Subject Heading: Santos Pipeline Easement - GLNG CRWP Loop
Author and Officer’s Title: Tanya Mansfield, Manager - Facilities
*Executive Summary:* At its General Meeting on 12 March 2014, Council considered a request from Santos to approve the relinquishment of Easement 713689441, and consider and sign a Deed of Easement in respect to Council owned freehold land known as Lot 3 on RP58256, County of Westgrove, Parish of Mt Hutton with Title Reference 13978189. At that meeting, Council resolved to agree to relinquish Easement 713689441 and sign a new deed of easement Title Reference 13978189, subject to conditions including that Council be paid an annual compensation amount. Council was asked to review this decision in consideration of further information provided by Santos that the compensable event will only be for 12 months and therefore Santos is not required to pay an annual compensation amount.

Resolution No. GM/05.2014/17 Moved Cr Denton Seconded Cr O'Neil That Council: Acknowledge the execution of the Surrender of Easement number 13978189 being Easement CB on SP225707; Proceed with signing the Deed of Easement between Maranoa Regional Council and Total GLNG Australia, PAPL Downstream Pty Ltd, KGLNG Liquefaction Pty Ltd and Santos GLNG Pty Ltd; Acknowledge that Santos is not required to pay an annual compensation amount as the compensable event will not be for more than 12 months; Authorise the Chief Executive Officer to sign the Deed of Easement on behalf of Council. CARRIED 7/0

Responsible Officer	Manager - Facilities

At cessation of discussion and debate on the abovementioned item, Cr Wason entered the chamber at 10.05am.

Item Number: L.6	File Number: D14/32670
Subject Heading: Submission to Federal Government's Inquiry into Australia's Trade and Investment Relationships with Countries of the Middle East
Author and Officer’s Title: Ryan Gittins, Specialist - Business Development
*Executive Summary:* In accordance with Council’s input at the Workshop of 7 May 2014, a response to the Federal Government’s Inquiry into Trade and Investment with Countries of the Middle East was drafted. The document outlined the importance of the goat industry, and requested the Federal Government’s support to commission a feasibility study into the construction of a multi-purpose meat processing facility (goat, cattle and sheep) in Roma. Council’s approval of this document was sought prior to its submission.

Resolution No. GM/05.2014/18 Moved Cr O'Neil Seconded Cr Flynn That Council approve the submission to the Federal Government’s Inquiry into Australia’s Trade and Investment Relationships with Countries of the Middle East, as attached to the officer’s report. CARRIED 8/0

Responsible Officer	Specialist - Business Development

Cr Flynn declared a ‘Conflict of Interest’ regarding the following item due to his personal business operations out of the Roma Airport, and left the Chamber at 10.07am, taking no further part in discussion or debate on the matter.

Item Number: L.7	File Number: D14/33047
Subject Heading: Investigation of WiFi Capability at Roma Airport Applicant: Airport Advisory Committee
Author and Councillor’s Title: Cr. Joy Denton
*Executive Summary:* At the Airport Advisory Committee Meeting on 7 May 2014, members requested that Council give consideration to installing WiFi capability at the Roma Airport through further investigation of associated costs to implement this capability. This recommendation was in support of the travelling public reporting difficulty in accessing network coverage for smart devices such as mobile phones and iPads. This is due to periods of high peak usage experienced during flight arrival and departure times.
Discussion: A ‘Mover’ and ‘Seconder’ was recorded for the motion, however no vote was taken at that time and Cr O’Neil put forward an amendment to the motion. This amendment is recorded below the initial draft motion.
Resolution No. GM/05.2014/19 Moved Cr Denton Seconded Cr Wason That Council further investigate the cost of installing WiFi capability at the Roma Airport, with a further report provided for consideration once estimates are obtained. NO VOTE TAKEN

Resolution No. GM/05.2014/20

Moved Cr O'Neil Seconded Cr Chambers

That Council further investigate the cost of installing WiFi capability at the Roma Airport and Roma CBD, with a further report provided for consideration once estimates are obtained.

MOTION LOST 3/4

Discussion continued:

As the amended motion was lost, Council undertook a vote on the original draft motion put forward, with the outcome recorded below:

Resolution No. GM/05.2014/21

Moved Cr Denton Seconded Cr Wason

That Council further investigate the cost of installing WiFi capability at the Roma Airport, with a further report provided for consideration once estimates are obtained.

CARRIED 9/0

Responsible Officer

Manager – Airports (Roma, Injune, Surat & Mitchell)

At cessation of discussion and debate on the abovementioned item, Cr Flynn entered the Chamber at 10.13am.

Item Number: L.8	File Number: D14/32067
Subject Heading: Procurement Policy
Author and Officer’s Title: Sharon Frank, Director - Corporate, Community & Commercial Services
*Executive Summary:* In accordance with the Local Government Act 2009 and Local Government Regulation 2012, a review of Council’s Procurement Policy had been conducted.

Resolution No. GM/05.2014/22 Moved Cr Schefe Seconded Cr Newman That the new Maranoa Regional Council Procurement Policy be adopted as presented. CARRIED 8/0

Responsible Officer	Director - Corporate, Community & Commercial Services/Coordinator Procurement

Subject Heading: suspension of standing orders

Council adjourned the meeting for morning tea at 10.15am.

Subject Heading: resumption of standing orders

Council resumed the meeting at 11.00am

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:-

(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;

(d) rating concessions;

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

(e) contracts proposed to be made by it;

Resolution No. GM/05.2014/23

Moved Cr O'Neil Seconded Cr Wason

That Council close the meeting to the public at 11.01am.

CARRIED 8/0

Cr Flynn left the Chamber at 11.54am.

Cr Flynn entered the Chamber at 11.59am.

Subject Heading: suspension of standing orders

Council adjourned the meeting for lunch at 12.02pm.

Subject Heading: resumption of standing orders

Council resumed the meeting at 12.36pm with the Deputy Mayor taking the Chair in the absence of the mayor who was required to attend a business meeting.

The Mayor entered the Chamber at 12.59pm and assumed the Chair.

Cr O’Neil left the Chamber at 1.05pm.

Cr O’Neil entered the Chamber at 1.06pm.

Cr Wason declared a perceived ‘Conflict of Interest’ in item C.2 and C.7 “Business Activities Reports Saleyards and Quarry,” due to him owning the parcel of land on which Mt Saltbush Quarry is sited, the operation of which sees him entitled to payment of Royalties (funds) for material extracted from the site. Cr Wason elected to remain in the Chamber for discussion on the matter, on the basis that it would not alter his ability to consider the presented report, which was provided for Council’s information only and a decision was not required.

The Mayor declared a potential perceived ‘Conflict of Interest’ in relation to Item C.3 “Request for Rates Concession” due to the applicant being a family relative, and elected to remain for discussion and debate on the matter on the basis that it would not alter his ability to make a decision in the interest of the overall public.

Resolution No. GM/05.2014/24

Moved Cr O'Neil Seconded Cr Denton

That Council open the meeting to the public at 1.18pm.

CARRIED 8/0

Item Number: C.1	File Number: D14/21939
Subject Heading: Community Care - Future of Aged Care
Author and Officer’s Title: Julie Neil, Manager - Community Services
*Executive Summary:* Council was provided an initial report regarding the National Health Reform “Living Longer” “Living Better,” a new model, known as Consumer Directed Care. This care model was initially piloted by the Department of Health and Ageing in 2010. Council currently delivers Community and Aged Care Services. A decision to transition into the new model or transition the services to another provider was requested.
Resolution No. GM/05.2014/25 Moved Cr Denton Seconded Cr Flynn That Council be provided additional information on the Consumer Director Care Model, and the option of Council transitioning current Community and Aged Care Services to another provider. CARRIED 8/0

Responsible Officer	Manager - Community Services

Item Number: C.2	File Number: D14/24860
Subject Heading: Business Activity Report - Saleyards and Quarry
Author and Officer’s Title: Deborah Bond, Support Officer - Corporate & Commercial Services
Month & Year of Report: March 2014 Name of Department: Commercial Services *Executive Summary:* The monthly report was presented to Council to provide a summary of the performance of Council’s Quarry and Saleyards, both over the past month and year to date. The information in this report aimed to review the month’s activities, give an overview of financial performance and bring to Council’s attention any emerging issues.
Resolution No. GM/05.2014/26 Moved Cr Flynn Seconded Cr O'Neil That Council receive and note the report as presented. CARRIED (Cr Wason voted in favour of the motion) 8/0

Responsible Officer	Support Officer - Corporate & Commercial Services

The Mayor declared a potential perceived ‘Conflict of Interest’ in the following item due to the applicant being a family relative, and elected to remain for discussion and debate on the matter on the basis that it would not alter his ability to make a decision in the interest of the overall public.

Item Number: C.3	File Number: D14/27392
Subject Heading: Request for rates concession
Author and Officer’s Title: Dana Harrison, Coordinator - Rates
*Executive Summary:* The applicant had requested an extension of time to pay their rates and still receive the discount.
Resolution No. GM/05.2014/27 Moved Cr Wason Seconded Cr Newman That Council grant the requested extension of time, allowing the applicant to pay the gross rates (excluding discount) by the 30 June 2014 with the interest waived. CARRIED (The Mayor voted in favour of the motion) 8/0

Responsible Officer	Coordinator - Rates

Item Number: C.4	File Number: D14/31014
Subject Heading: Request for concession on water rates
Author and Officer’s Title: Dana Harrison, Coordinator - Rates
*Executive Summary:* Correspondence was received from the applicant advising their water rates had increased dramatically and requesting a concession on the water usage charge.
Resolution No. GM/05.2014/28 Moved Cr O'Neil Seconded Cr Wason That the applicant be advised that the 30mm water meter access charge has been reinstated on their rates notice and a credit of $4,486.30 applied to their rates account. Further, the applicant be advised that Council does not grant a concession on the water usage charge. CARRIED 6/2

Responsible Officer	Coordinator - Rates

Item Number: C.5	File Number: D14/31106
Subject Heading: Request for extension of time to pay rates
Author and Officer’s Title: Dana Harrison, Coordinator - Rates
*Executive Summary:* The applicant had requested an extension of time to pay their rates.
Resolution No. GM/05.2014/29 Moved Cr Flynn Seconded Cr Schefe That Council grant an extension of time, allowing the applicant to pay the gross rates (excluding discount) by the 31 July 2014 with the interest waived. CARRIED 8/0

Responsible Officer	Coordinator - Rates

Item Number: C.6	File Number: D14/31203
Subject Heading: Consideration of Continued RADF Committee Membership
Author and Officer’s Title: Susan (Sue) Sands, (Acting) Coordinator – Local Development & Council Events
*Executive Summary:* Council were provided a report outlining circumstances of a complaint received and the application of the RADF Code of Conduct.
Resolution No. GM/05.2014/30 Moved Cr O'Neil Seconded Cr Wason That Council has considered the Committee member’s continued involvement with the RADF Committee, and requests that the Chief Executive Officer draft a letter outlining the agreed course of action in response to the received complaint. Once drafted, the letter is to be provided to Councillors for approval prior to sending. CARRIED 8/0

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

Item Number: C.7	File Number: D14/31511
Subject Heading: Business Activity Report - Saleyards and Quarry
Author and Officer’s Title: Deborah Bond, Support Officer - Corporate & Commercial Services
Month & Year of Report: April 2014 Name of Department: Commercial Services *Executive Summary:* The monthly report was presented to Council to provide a summary of the performance of Council’s Quarry and Saleyards both over the past month and year to date. The information in this report aims to review the month’s activities, give an overview of financial performance and bring to Council’s attention any emerging issues.
Resolution No. GM/05.2014/31 Moved Cr Newman Seconded Cr Flynn That Council receive and note the report as presented. CARRIED (Cr Wason voted in favour of the motion) 8/0

Responsible Officer	Support Officer - Corporate & Commercial Services

Item Number: C.8	File Number: D14/30080
Subject Heading: Injune Swimming Pool Management
Author and Officer’s Title: Amanda Schneekloth, Coordinator - Council Buildings & Structures
*Executive Summary:* Tenders for Management of the Injune Swimming Pool were advertised with the closure date of submissions being 3 April 2014. Council’s approval for tender acceptance was requested.
Resolution No. GM/05.2014/32 Moved Cr O'Neil Seconded Cr Flynn That Council accept the tender submitted by Kevin Wolski to manage the Injune Swimming Pool subject to the following conditions:- 1. Council to pay Kevin Wolski an annual fee of $60,000 per annum (GST Inclusive). 2. Council to offer single accommodation at the Men’s Camp in Injune during the swimming season. 3. The successful tenderer retains the right to set and charge an entry fee to the Injune Pool if they wish to introduce a fee. 4. The successful tenderer must obtain appropriate public liability insurance, and develop a compliant Workplace Health and Safety System before commencing management of the Injune Pool. Furthermore, Council delegate authority to the Chief Executive Officer to sign the management agreement on behalf of Council. CARRIED 8/0

Responsible Officer	Coordinator - Council Buildings & Structures

LATE CONFIDENTIAL ITEMS

Item Number: LC.1	File Number: D14/28434
Subject Heading: Minor Amendments to Organisational Structure
Author and Officer’s Title: Julie Reitano, Chief Executive Officer
*Executive Summary:* The report sought Council’s approval of a number of minor adjustments to the organisational structure, as presented by the Chief Executive Officer.
Resolution No. GM/05.2014/33 Moved Cr Wason Seconded Cr Newman That Council approve the following organisational structure changes/amendments: Redesign the position of ‘Support Officer – Customer Service Facilitation’ to ‘Co-ordinator Customer Service Facilitation’; Retitle the position ‘Support and Grants Officer’ to ‘Support/Project Officer’; Change ‘Support Officer – Office of the CEO’ from Temporary Full Time position to Permanent Part Time position (two days per week), and retitle to ‘Relief Officer – Office of the CEO’; Create a new Permanent Part Time position (three days per week) for ‘Administration Officer – Local Development & Events’; Extend the Acting Inspections & Permits Officer contract until 30 June 2014; The position ‘Water Meter Reader (Casual) to report to the Water, Sewerage and Gas Department – Coordinator Operations (Water, Sewerage and Gas) CARRIED 8/0

Responsible Officer	Chief Executive Officer/Manager – Human Resources

Item Number: LC.2	File Number: D14/32189
Subject Heading: Construction of Water Play Park Location: Roma Swimming Pool
Author and Officer’s Title: Tanya Mansfield, Manager - Facilities
*Executive Summary:* Council is working towards constructing a water play park at the Denise Spencer Pool in Roma. The Water Play Park will include a zero depth play area and a multi-depth wading pool. Quotations have been called, with four quotations received by Council. After reviewing the quotations, it was determined that the project meets the legislated definition of a large-sized contractual arrangement and tenders therefore need to be invited.
Resolution No. GM/05.2014/34 Moved Cr O'Neil Seconded Cr Flynn That Council call for tenders to design and construct a water play park at the Denise Spencer Pool Complex in Roma. CARRIED 8/0

Responsible Officer	Manager - Facilities

Item Number: LC.3	File Number: D14/33066
Subject Heading: Next Step - Infrastructure Services Restructure
Author and Officer’s Title: Julie Reitano, Chief Executive Officer
*Executive Summary:* The report considered the following aspects:  feedback on the second/alternative structure for the proposed single Department (for day labour works) for Roads, Drainage & Parks;  expanding focus of Quality, Safety & Environment;  continued commitment to a separate Department for Infrastructure Contracts.
Resolution No. GM/05.2014/35 Moved Cr Schefe Seconded Cr O'Neil That Council: 1. Approve the commencement of recruitment of the new Manager - Roads, Drainage & Parks. 2. Approve the distribution, by way of update to teams, the evolving structure for the combined Roads, Drainage & Parks Department. 3. Approve the recruitment of the Manager Infrastructure Contracts, Engineer (Existing) and Support Officer. 4. Endorse the preparation of Position Descriptions for the new Operations Manager positions. 5. Note and endorse the transitioning of Quality, Safety & Environment to the Office of the CEO (to reflect the commitment to introduction across the entire organisation). 6. Authorise the Chief Executive Officer to undertake remuneration planning for the Department Managers, Operations Managers and direct reports (Specialists and Coordinators) for inclusion in the draft budget for 2014/15. 7. Authorise the Chief Executive Officer to seek a proposal from a commercial mathematics company to assist with the design of the teams (size and composition) for subsequent consideration by Council. CARRIED 8/0

Responsible Officer	Chief Executive Officer

Item Number: LC.4	File Number: D14/33086
Subject Heading: Correspondence from FK Gardner & Group (FKG)
Author and Officer’s Title: Julie Reitano, Chief Executive Officer
*Executive Summary:* Tabling of correspondence received from FKG in relation to the Injune Taroom Road project.
Resolution No. GM/05.2014/36 Moved Cr Chambers Seconded Cr O'Neil That Council formally receive a copy of the e-mail correspondence, and a decision on who will be invited to provide a price for the design and construction of Injune-Taroom Road be deferred until such time as the 'Expression of Interest - Approved Contractor List for Design and Construct Services' advertising period has closed and evaluation has been completed. 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 1.43pm.

These Minutes are to be confirmed at the next General Meeting of Council to be held on 28 May 2014, at Roma Administration Centre.

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

Mayor. Date.

Attachment 2

Airport Advisory Committee - Confirmed Minutes - 02/04/14

Meeting: Airports Advisory Committee Meeting

Date: Wednesday 2 April 2014

Chair: Cr. Joy Denton

Attendees: Cr. Joy Denton, Ben Jones MRC – Manager Airports (Roma, Injune & Surat), Barry McCabe – Roma Aero Club, Meryl Brumpton – Flying Surgical and Flying Obstetric Service, Richard Benham – Commerce Roma, Lyn Kajewski – Roma Tourism Association Inc, Peter Flynn – Maranoa Travel Centre, Greg Shaw,

Apologies: Cr. Cameron O’Neil, Cr. David Schefe, Ian Rollinson, Robert Lethbridge, Vicki Beitz, Christopher Kerr – Care Flight Group QLD, Adrian Harding – Europcar, Shane Brumby – MI Helicopters, Keith Chandler, Anthony Partridge – TransLink, Anthony McDonald – Hertz Roma, Scott Rodgers – Air BP, Jon Hamer - Qantas

Minutes: Christina Tincknell

Meeting Opened: 6:00pm

Meeting Closed: 6:45pm

Next Meeting Details

Date: 7^th May 2014

Time: 6pm

Location: Council Chambers, Bungil Street

Meeting Actions

Item	Description	Comments	Action by	When
Item 2	Confirmation of Minutes and Business Arising	Installation of VASI lights at Roma Airport	Ben Jones	Ongoing
Item 2	Confirmation of Minutes and Business Arising	Provide an update on the sale of the council drink vending machine to the Roma Aero Club.	Ben Jones	7 May 2014
Item 3	Tourism Billboard & Tourism Promotion	Lyn Kajewski to update the committee regarding progress of the installation of a tourism billboard at Roma Airport.	Lyn Kajewski	7May 2014
Item 4	Passenger Tax Application	Present to Council the proposal of the passenger tax being applied to charter aircraft utilising Injune Airport	Ben Jones	Commencement of Fees & Charges for 2014/15 Financial Year

Discussion Notes:

Welcome

Cr. Denton welcomed all present and declared the meeting open at 6pm.

Item 1 Apologies

The following apologies were noted at the commencement of the meeting;

· Cr. Cameron O’Neil

· Ian Rollinson,

· Robert Lethbridge,

· Vicki Beitz,

Item 2 Confirmation of Minutes and Business Arising

Resolution:          AP/04.2014/10

Moved:                   Lyn Kajewski

Seconded:             Barry McCabe

That the Airport Advisory Committee Meeting minutes of 5 March 2014 be confirmed.

          8/0

The Committee requested updates on the following outstanding action items;

· Installation of VASI lights at Roma Airport

The process in on-going. Currently investigating the feasibility of incorporating the electrical aspect of the installation into existing infrastructure without impacting upon future projects.

· Follow up with Nektar regarding new Menu items for Roma Airport kiosk.

Ben advised the committee that the new menu options are available at the café, although sale of these items has been slow. There is still some concern regarding the menu items. Ben is negotiating with Nektar so that the terms outlined in the contract are met. Peter Flynn noted that the service from the café had improved immensely over the past few weeks.

· RFDS & Careflight Refund

Ben advised the committee that Airport staff had been in contact with the RFDS to confirm location of charges. Airport staff have processed both RFDS and Careflight refunds and they are with finance to be finalised.

· Preliminary Designs for Airport Terminal and Car Park Redevelopment

Ben advised that the designs had been received and presented to Council. There were a few minor adjustments which have been given to the architect to change. Once the amended documents are received they will be presented to Council again.

Item 3 Tourism Billboard & Tourism Promotion

Lyn met with Ben Jones and Tourism Coordinator Megan Swords on 27 March to choose a location for the billboard at Roma Airport. A location has been chosen and the billboard is in the process of being prepared for installation.

The committee also discussed other tourism strategies, such as promotional booklets being on display. Ben advised that there are already several that are on display, such as the Business Focus on Roma. Peter Flynn advised that he has copies of the Easter in the Country program and is able to provide booklets to Airport Management to place on display in the terminal.

Item 4 Passenger Tax Application

The recommendation was presented to Council on 12 March as Council resolved as follows;

That Council:

1. Receive and note the received request from the Airport Advisory Committee;

2. Further consider this request and the potential application of the suggested charge at the Surat & Mitchell Airports, in addition to the requested Injune Airport, at an upcoming Councillor Workshop.

Item 5 Drink Vending Machine

At the Council meting held 12 March 2014, Council resolved as follows;

That Council authorise the Chief Executive Officer to negotiate the sale/lease of the

Council owned drink vending machine directly with the Roma Aero Club, on the basis of the

club being defined as a Community Organisation.

Ben Jones met with Barry McCabe and Greg Shaw on 2 April to discuss a price. Ben will present this offer to the Chief Executive Officer for consideration.

Item 6 Airport Management Decision Making (Greg Shaw)

Greg Shaw advised the committee that he believes process could be simplified if the Airport Management had the authority to make decisions for simple requests. Greg advised that he had paid annual fees for his aircraft, which he swaps out. Greg said the process to date has taken 3 months, and enquired on the possibility of the appropriate Council officer being authorised to action similar type requests. Cr. Denton advised that the matter had been formally presented to Council, with written notification of the determination to be communicated in the near future. Cr. Denton also advised that due to legislative requirements of the Local Government Act, Council are obliged to follow correct process in such matters.

Item 7 General Business

Route Regulation discussion

Members discussed route regulation following on from initial discussions on the matter at the committee meeting on 5 March 2014, with Peter Flynn having since received a request from John Hamer about the content of discussions that took place at that meeting. Both Peter and John were an apology at the meeting on 5 March. The context of those discussions was clarified.

Cr. Denton provided further comment on the recommendation made by Council that the route to Roma continues to be regulated, as this provided a guarantee of service for residents.

Qantas Lounge

Peter advised that Jon Hamer of Qantas also indicated that QantasLink was still interested in having an airport lounge included in the new Terminal redevelopment, however no decision would be made until the new financial year. Peter was advised by Jon that as the route tender was due for renewal in January 2015, Qantas also had to consider the implication if they do not win the tender.

The committee discussed the possible impact of having an airport lounge. With so many passengers utilising the terminal, an issue with accommodating a large number of potentially Qantas Lounge users would occur. Peter advised that the passenger number for the last quarter has had an increase of 38% on the same quarter last year. On Thursday 27 March, there were delays to flights due to the heavy rain. He estimated that the terminal had approximately 300 passengers waiting.

Meryl Brumpton noted that on Monday when she was at the airport, there were several power outages that occurred. Greg Shaw suggested installing a commercial UPS to combat the power outages. Peter Flynn advised that he had approached QantasLink and was advised that the installation of a UPS was not considered worthwhile given the infrequency of the power outages. Peter advised that it had been some months since the last outages occurred before Monday.

Greg Shaw left the meeting at 6:25pm

The committee discussed the high passenger numbers utilising the terminal and the difficulty in predicting future trends.

Committee Terms of Reference

Cr. Denton requested Kelly Rogers provide an update on the requirements under the Local Government Act with respect to the quorum numbers, as specified in the Committee Terms of Reference.

Kelly advised that she had discussed the requirements with Acting Chief Executive Officer – Michael Parker. The Local Government Regulation 2012 outlines procedural requirements in conducting meetings of Council; these requirements include Council initiated Advisory Committees. One key aspect discussed was the implication of there not being enough members in attendance at a meeting to form a quorum. If a quorum is not formed then it is unknown if members present are putting forward a recommendation that is reflective of the committee as a whole. Recommendations put forward by the committee that are of a strategic, policy or budgetary nature are formally presented to Council for consideration, it is therefore important that those recommendations are reflective of the committee’s wishes.

The committee discussed possible remedies to negate low attendance numbers to meet the quorum requirement, such as allowing committee members phone in access and the use of a proxy. Kelly proposed to the committee that for agenda items of high importance, committee members could be contacted via phone to inform them of the upcoming agenda to encourage attendance, or allow members to make alternate arrangements to ensure their input on a matter for recommendation to Council.

Resolution:          AP/04.2014/11

Moved:                   Peter Flynn

Seconded:             Barry McCabe

The Committee recommended the following administrative actions;

1.     ‘Phone in’ capability for members not based in Roma, or for exceptional circumstances be accommodated for as part of meeting arrangements;

2.     Members be contacted by phone prior to meetings where key agenda items seeking committee recommendation are sought for formal presentation to Council.

                                                                                                                                                                                                         7/0

Item 8 Next Meeting Date & Close

The Committee scheduled the next meeting for 7 May 2014 commencing 6pm, to be held at the Council Chambers. The meeting was closed at 6:45pm.

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

Chair Date

Maranoa Regional Council

General Meeting - 28 May 2014

Officer Report

Meeting: General 28 May 2014	Date: 22 May 2014
Item Number: 13.5	File Number: D14/35709

Subject Heading: Kooma #4 Native Title Claim QUD504/2011

Classification: Open Access

Name of Applicant:

Location:

Author & Officer’s Title: Josephine Horsfall, Coordinator - Property & Legal

Executive Summary:

The Kooma People #4 assert to hold native title over an area of land and waters north-west of Dirranbandi and commenced a native title claim in 2011. The claim covers land and waters within the Balonne Shire, Maranoa Regional, Murweh Shire and Paroo Shire Councils' local government areas.

Council is a respondent party to the claim.

The Kooma People #4 are seeking the Councils' and other respondent parties' consent to Federal Court orders that will formally recognise that the Kooma People #4 hold native title in the claim area (the consent determination). The Court has listed the claim for a consent determination hearing on 23 June 2014.

The State of Queensland has circulated a draft consent determination order. All issues have been resolved between the parties with the exception of further discussions that are taking place between the State and the Kooma People in relation to the recognition of native title rights and interests over certain township parcels of land within Bollon. It is likely that restricted native title rights and interests (a right to access only) will be recognised over those parcels.

Those discussions do not affect that Maranoa Regional Council however it does mean that a final form of the draft consent determination was not available for circulation with this Report (prepared 7 May 2014).

Therefore Council's consent is sought to the form of determination that is attached with the delegation of power to the CEO to negotiate and agree to such changes as are required as a result of the resolution of those outstanding discussions.

Officer’s Recommendation:

That Council consent to a determination of native title in the Kooma People #4 Claim (QUD504/2011) substantially in the terms of the draft consent determination considered by Council with such amendments as may be required to enable the consent determination to be made by the Federal Court.

That Council delegate to the Chief Executive Officer the power to negotiate and agree to such changes to the draft consent determination referred to in paragraph 1 of this resolution, as are required to enable the Federal Court to make the consent

determination.

Body of Report:

The Claim

The Kooma People #4 filed Native Title Determination Application QUD504/2011 on 18 November 2011 (the claim).

They are seeking a determination of the claim by formal Court order.

The State has circulated draft orders which records the terms of the determination. According to the timetable for resolution of the claim all of the parties to the claim, including the Council, are to indicate if they will consent to those orders being made by 19 May 2014.

A copy of the proposed draft consent determination for QUD504/2011 is attached as Appendix 1 to this Report.

Content of Consent Determination

The main local government objective in native title proceedings is to ensure that local governments' interests are adequately addressed as part of the determination of the claim. In this case, this has been achieved by the negotiated terms of the consent determination.

The following addresses the key features of the proposed determination orders.

Native title holders

The determination will recognise that the Kooma People, being all of the descendants of the apical ancestors listed in Schedule 3, hold native title over the area the subject of the orders.

The State’s anthropologists have examined material provided by the Kooma People #4 and their anthropologists to support their assertion to hold native title on the area and are satisfied that the Kooma People have a sufficient traditional and historical connection to the area that they claim, to support a determination. Councils and other respondents generally rely upon the State's assessment of connection.

Determination area

The Kooma People originally claimed native title over all land and waters within the external boundary of their claim which at law was capable of being claimed.

During the negotiation of the claim, the State identified all parcels of land within the claim area and through a process of eliminating freehold and leasehold parcels where native title was extinguished, narrowed the claim area to the area that was capable of having native title recognised over it.

The determination therefore does not cover areas where native title no longer exists, that has been “extinguished”, because an interest has been granted over the land - such as freehold or commercial leasehold that extinguishes native title at law.

The specific parcels of land over which native title will be recognised in the determination are described in Schedule 1 of the determination. These are generally pastoral holdings, State leases, reserve land and national park.

The determination will also not cover areas where public infrastructure has been constructed by the Council, State or Commonwealth (see Schedule 2 of the determination). That is because of construction of public works before 23 December 1996 also extinguishes native title.

Native title rights to be recognised

The consent determination provides for the recognition of non-exclusive native title. This means that the native title holders (the Kooma People) cannot exclude others from lawfully entering and using the land.

The specific native title rights and interests that are to be recognised over land areas are the right to:

(i) access, be present on, move about on and travel over the area;

(ii) hunt, fish and gather on the land and waters of the area for personal, domestic, and non-commercial communal purposes;

(iii) take, use and share Natural Resources from the land and waters of the area for personal, domestic and non-commercial communal purposes;

(iv) take and use the water of the area for personal, domestic and non-commercial communal purposes;

(v) conduct ceremonies on the area (subject to the provision of further evidence from the Applicant);

(vi) be buried and bury native title holders within the area;

(vii) maintain places of importance and areas of significance to the native title holders under their traditional laws and customs and protect those places and areas from physical harm;

(viii) teach on the area the physical and spiritual attributes of the area;

(ix) light fires on the area for domestic purposes including cooking, but not for the purpose of hunting or clearing vegetation;

(x) hold meetings on the area.

After the determination hearing native title will be held by a corporation (to be nominated by the Kooma People #4 and incorporated under the Corporations (Aboriginal and Torres Strait Islander) Act 2006) on behalf of the Kooma People.

Rivers and creeks

The determination also recognises the native title rights to hunt, fish, gather from, and take and use the waters in the determination area for personal, domestic and non-commercial communal purposes only. There is no right to exclude others from using the waters e.g. there is no right to prevent the public’s right to fish.

Subject to Laws

The determination provides that the native title rights and interests are subject to any laws of the Commonwealth and the State. The laws of the Commonwealth and State govern the exercise of traditional laws and customs. It follows the exercise of native title is subject to Council’s planning scheme, building code, local laws and other laws.

Relationship with other interests

Any determination of native title must include not only the native title rights and interests that are asserted, but any other non-native title interests in the determination area and the relationship between native title and non-native title rights and interests.

Schedule 4 of the determination lists the other non-native title interests in the determination area. They include the rights of Councils, the State of Queensland, pastoral holders and Telstra. It also includes the rights and interests of any person holding interests under laws of the State or the Commonwealth, such as in reserves, leases, licences, permits etc.

Council’s interests are specifically referred to in Paragraph 3 of Schedule 4 as follows:

"3. The rights and interests of the Balonne Shire Council, Maranoa Regional Council and Murweh Shire Council (“the Councils”) as the local governments for that part of the Determination Area within their respective Local Government Areas, including:

(a) their powers, functions, responsibilities and jurisdiction under Local Government Acts;

(b) their rights and interests in land or waters within the Determination Area including under any lease, license, access agreement, easement or reserve in the Determination Area;

(c) the rights to use, operate, maintain, replace, restore, remediate, repair and otherwise exercise all other rights as the owners and operators of infrastructure, structures, earthworks, access works, facilities and other improvements within the Determination Area;

(d) the rights under any agreements between the Councils and third parties which relate to land or water in the Determination Area; and

(e) the rights of their employees, agents and contractors to enter upon the

Determination Area for the purpose of performing their powers and

responsibilities under paragraphs (a) to (d)."

The relationship between the exercise of native title rights and interests and non-native title rights and interests, which includes Council’s interests, is recorded in clause 10 of the consent determination. Importantly that clause states that to the extent that there is any inconsistency between the exercise of native title rights and interests and Council’s interests within the determination area, that Council’s interests will prevail.

Council's Interests

Council has interests in the claim area including tenure, infrastructure and regulatory interests (e.g. the right to enter land and regulate land use under its local laws/planning scheme).

Specifically Council has an interest in the following parcel:

Lot 3 on TM9 – Reserve for Camping and Water and Grazing – Reserve, Road or

Stock Route.

Summary

The consent determination includes:

(a) Council's interests in the determination area (paragraph 3, Schedule 4).

(b) Provides that to the extent of any inconsistency between the exercise of Council's interests and the Kooma People's native title rights and interests, the Council's interests prevail (paragraph 10, Schedule 4). In practical terms this means that Council’s right to use, access and maintain any infrastructure, will be unimpeded by the recognition of native title.

(c) Does not cover areas where native title no longer exists (i.e. is extinguished) by public works validly constructed by Council before 23 December 1996. This reflects the legal position under the NTA.

(d) Provides that the Kooma People #4 must comply with the laws of the Commonwealth and State when they exercise native title (including areas where they hold exclusive native title), which includes compliance with Council’s planning scheme, building laws and local laws.

Council's solicitors MacDonnells Law have advised Council throughout the claims process and negotiated the terms of the consent determination on Council's behalf.

Hearing

A Federal Court hearing for the purpose of making the determinations has been listed for 23 June 2014 in Bollon.

The Federal Court will sit in the Shire Hall in Bollon. Councillors and officers may attend the hearing and ceremony held afterwards, if they wish to do so. Officers will provide further information in relation to the hearing, venue and arrangements closer to the date.

Consultation (internal/external):

Jenny Humphris - MacDonnells Law

Tanya Mansfield – Manager Facilities

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

A decision needs to be taken by Council on this matter to meet Court ordered obligations.

Policy Implications:

The purpose of this report is to consider the resolution of a Federal Court Proceeding in which Council is a respondent party.

Financial Resource Implications:

Any administration and legal costs accommodated by Facilities Operational Budget.

Link to Corporate Plan:

Corporate Plan 2009-2013 — 8.2.3(a) To implement Council’s governance policies and procedures in an evolving organisational environment whilst ensuring legislative relevance, consistency and fairness in application.

Supporting Documentation:

1 View	Draft Consent Determination QUD504/2011	D14/36073
2 View	Map Showing Lot 3 on TM9	D14/36084

Report authorised by:

Tanya Mansfield, Manager - Facilities

Attachment 1

Unconfirmed Minutes - Wild Dog Advisory Committee Meeting - 12/05/14

Meeting: Wild Dog Advisory Committee Meeting

Date: Monday 12 May 2014

Chair: Cr. Jan Chambers

Attendees: Cr. Jan Chambers, John Hartley, Michael Stanford, Peter Maunder, Ian Tutt, Kay Crosby (MRC), Damian Bougoure (MRC), Kymlee Seiler (MRC), Maree Winter (MRC), Dan Sutton.

Apologies: Don Noon, Kym Handley, Merv Phillips, Bill Crook-King, Bruce Hartnell, Vince Packer, Kent Morris, John Cuskelly, Gareth Graham.

Minutes: Kelly Rogers

Meeting Opened: 10:00am

Meeting Closed: 12:54pm

Next Meeting Details

Date: 18 August 2014

Time: 10.00am

Location: TBC

Meeting Actions

Item	Description	Comments	Action by	When
Item 3	Terms of Reference	That the TOR be updated as adopted by members.	Kelly Rogers	25/08/14
Item 4	Update from Wild Dog Officer	John Cuskelly be advised that a written request must be submitted concerning the use of the Wild Dog Advisory Committee Terms of Reference as a basis for use by DAFF.	Damien Bougoure	30/05/14
Item 5	Baiting Program	Copy of previous baiting campaign update to be circulated with minutes.	Kym Lee Seiler/Kelly Rogers	Complete
		Members requested that baiting stations be clearly indicated on future maps and the map of the recent baiting be included in the BTB.	Kym Lee Seiler	Mid June 2014
		Peter Maunder to contact members in the Yuleba & Noonga areas to improve campaign take up in that area and report back at the next meeting.	John Hartley	18/08/14
		Report be presented to Council for formal consideration recommending that Council negotiate arrangements & funding for border baiting locations (Murweh, Balonne, & Western Downs).	Cr. Jan Chambers/Kelly Rogers	28/05/14
		Surat Program timings be adjusted as agreed for the next campaign.	Damien Bougoure	End July 2014
		Report be presented to Council for formal consideration that future campaign notification be undertaken via phone and email, rather than mail out to landholders.	Cr. Jan Chambers/Kelly Rogers	28/05/14
		Baiting campaign education be undertaken on a monthly basis for distribution in the Bottle Tree Bulletin.	Damien Bougoure	From July 2014 Edition
		Meat order template be amended to clarify volume allowance of baits/factory baits, with meat tenders called annually on current sized baits. Copy to be circulated with minutes	Damien Bougoure/Kelly Rogers	Complete
		Cr. Chambers to confirm for members next aerial baiting campaign date.(South Mungallala)	Cr. Jan Chambers	TBC
Item 9	Bonus Payments for Scalps	Breakdown of scalps collected to date to be circulated with the minutes.	Kym Lee Seiler/Kelly Rogers	Complete
		Report be presented for formal consideration in allocating incentive payments for increments of 50 scalps presented.	Cr. Jan Chambers/Kelly Rogers	28/05/14
		John Hartley be included as an authorised signatory for receiving scalps.	Kay Crosby	TBC
Item 10	Predator Days	Further discussion with Jon Cuskelly to occur after the Mitchell Predator Day.	Damien Bougoure	End June 2014
	Additional contacts	Ian Tutt to obtain email contacts in the Begonia locality and provide to Damian Bougoure in preparation for November baiting campaign.	Ian Tutt	30/05/14
	Wild Dog Barrier Fence Maintenance	Damian Bougoure & Dan Sutton to discuss process for collection of photo’s identifying maintenance requirements for the dingo fence.	Damian Bougoure/Dan Sutton	18/08/14
	Acceptable Scalps	Authorised Officer refresher training to be undertaken and acceptable scalp guidelines to be issued in the BTB.	Damian Bougoure	July Edition 2014

Discussion Notes:

Welcome

Cr. Chambers welcomed all present and declared the meeting open at 10.05am.

Item 1 Apologies

The following apologies were noted at the commencement of the meeting;

· Kym Handley, Don Noon, Vince Noon, Kent Morris, John Cuskelly, Melissa Nobbs

Item 2 Confirmation of Minutes and Business Arising

Resolution:          WD/01.2014/01

Moved:                   John Hartley

Seconded:             Dan Sutton

That the Wild Dog Advisory Committee Meeting minutes of 25 November 2013 be confirmed.

CARRIED

          8/0

Chair, Cr. Chambers congratulated Dan Sutton for his efforts in presentation of the highest number of scalps, being recognised at the Golden Dogger Awards as part of the 2014 Australia Day Celebrations. Damien Bougoure provided an update on the participation of Company owned landholders in their participation in the baiting program.

Item 3 Review Terms of Reference

Councillor Chambers discussed the past goals of the committee and their implementation into the draft Terms of Reference, confirming that all Advisory Committees of Council are required to adopt a ‘Terms of Reference.’

Resolution:          WD/01.2014/02

Moved:                   John Hartley

Seconded:             Michael Stanford

That the Draft Terms of Reference be adopted inclusive of the following amendments:

Quorum minimum to be 6;

Objectives

·      Point 4 to state - Increase awareness on the impacts that wild dogs have on each community and the flow on economic implications

·      Point 8 to state - Facilitate communication and co-operation between Council, groups and individuals

Advisory Group Structure & Format

Include the location of Surat

Advisory Group Members

Point 6 to state – Actively promote the Council’s Co-ordinated baiting program

CARRIED

Quorum be changed to a minimum of 6 members.



CARRIED

          8/0

Item 4 Update from Wild Dog Officer

Damien Bougoure advised that John Cuskelly of DAFF had verbally requested permission to use of the Wild Dog Advisory Committee Terms of Reference as a basis for use by DAFF. The group agreed that a formal letter of request be submitted for further consideration.

Item 5 Baiting Program, Changes & Future Program

Kym Lee provided a verbal update of the previous baiting campaign undertaken. A copy of the report will be circulated to members as part of distribution of the Unconfirmed Meeting Minutes.

Members requested that baiting stations be included on the map presented to clearly identify these locations for upcoming baiting campaigns. Discussed was the importance of identifying areas where limited baiting is currently being undertaken with a view to improve take up. Also discussed were the opportunities in working with neighbouring local government areas to improve take up in the border areas.

Resolution:          WD/01.2014/03

Moved:                   Dan Sutton

Seconded:             Peter Maunder

The committee recommends Council write to neighbouring local government areas of Murweh, Balonne & Western Downs advising that Maranoa Regional Council would be open to negotiate arrangements and funding for Baiting Program locations close to the border of these governing areas.

CARRIED

          8/0

It was suggested that timings of the Surat area baiting locations be amended in preparation for the next campaign. Members were in agreement with this approach.

Members discussed the area in the vicinity of Yuleba & Noonga having a lower take up rate for the baiting program. It was agreed that Peter Maunder contact landholders in that vicinity to encourage take up and report back to the next meeting. It was suggested that Council Officer’s ringing landholders confirming arrangements for the last baiting campaign was successful in influencing an increased take up of the campaign. Members also confirmed that current baiting locations were appropriate for the next campaign.

Members discussed the merit in focusing on phone and email contact in notifying future baiting campaigns, as a alternate to initiating a ‘mail out,’ It was also requested that these dates be notified in the monthly Bottle Tree Bulletin publication (BTB), as well as education of the program undertaken on a monthly basis.

It was suggested that the meat order form issued by Council be adjusted to provide clarity around the volume allowance, being 40kg or 48kg for factory baits, with alternate meat supply to be investigated in the next tender process. The group agreed that tenders/quotes continue to be called for on an annual basis, and that the bait size was adequate.

Limited feedback was received from the community concerning the results of the previous campaign. Next campaign 3 – 14 November 2014, with Chair – Cr. Chambers to confirm future aerial baiting dates (South Mungallala).

Resolution:          WD/01.2014/04

Moved:                   Michael Stanford

Seconded:             Peter Maunder

The committee recommends that Council notify the upcoming baiting campaign dates and arrangements via telephone and email, rather than by a mail out to landholders, and that additional communications be placed in the Bottle Tree Bulletin.

CARRIED

          8/0

Item 6 Dogwatch Committee update

Cr. Chambers advised that at the most recent Dogwatch Committee Meeting, members agreed that Agforce model of accreditation for 10/80 baiting was approved. Nomination through a Wild Dog Advisory Group was agreed as an appropriate method of recruiting accredited members, as the landholder would need to be covered by a governing body for insurance purposes. Council currently has 4 accredited staff, with an additional member of staff to be accredited in the near future. Cr. Chambers also advised that the aerial baiting campaign was still being refined with a view to achieving a coordinated approach for the state. The group meet on a monthly basis.

Item 8 Budget for Wild Dog Management

Kay Crosby provided an update on Council’s outlay of funds for this financial year in the purchase of meat, staff wages and Council’s Precept payment. Due to the increased number of scalps presented this financial year, the proposed budget to be put forward for the 2014/15 financial year will be increased from $75,000 for purchase of scalps to $100,000 for the 2014/15 financial year. This will be considered and endorsed by Council at the budget meeting scheduled in June 2014.

Item 9 Bonus payments for presented Scalps

A break down of the 1804 scalps collected to date will be circulated to members as part of the minutes for review below, with presented scalps to date increased on previous year totals at the same point in time.

The Scalp numbers for this financial year to date are as follows;

Ø Males: 795

Ø Females: 573

Ø Pups: 436

Ø Total: 1804

Members discussed the potential increase ‘one off’ payment for individual presenting increments of 50 or more scalps to encourage further culling of wild dog across the region, agreeing the following.

Resolution:          WD/01.2014/05

Moved:                   Ian Tutt

Seconded:             Michael Stanford

The committee recommends that Council offer a ‘one off’ incentive payment of $500 for individuals that present 50, scalps, and a further payment of $500 for each 50 increment thereafter. (This bonus would be paid in increments of 50 scalps presented – i.e. for 50 scalps presented an incentive payment of $500 would apply, for 100 scalps presented another payment of $500 would apply).

CARRIED

Item 10 General Business

Predator Days

Chair, Cr. Chambers advised members that a Predator Day would be held in Mitchell on 20 June 2014, and that members were invited to attend the event to highlight the importance of Wild Dog Control in the Region. Council has agreed to donate a dog trap as a lucky door prize for the event. There is also a Predator Day being held at Begonia on 15 May 2014, again members were invited to attend.

The Predator days previously planned for Noonga, Muckadilla & Mungallala have been on hold. Members agreed that post the Mitchell Predator Day being held, Council provide locations and comment on potential dates for these locations to John Cuskelly for event organisation.

Baiting Program Updates from representatives

All members advised that baiting programs in each of the locations were well received. Ian Tutt agreed to obtain additional email contacts in his locality to encourage participation.

Cr. Chambers advised that she was in the process of seeking funds for the Mungallala Creek Catchment Group to install cluster fencing in the Mungallala locality.

Wild Dog Barrier Fence Maintenance

In order to better monitor the integrity and maintenance requirements of the Wild Dog Barrier Fence, it was agreed that Damien Bougoure would discuss with Dan Sutton the obtaining of photographic evidence for further reporting to the Wild Dog Barrier Fence.

2015 Program Dates

All present agreed that the campaigns for 2015 be 14 – 28 April and 5 – 19 November.

Acceptable Scalps

Kay Crosby provided an update on the signatories currently authorised in the Maranoa Regional Council Area for accepting scalps.

It was agreed that the Depot Store Person in each locality be an authorised officer, in addition to current persons, and the addition of Wild Dog Advisory Committee Member - John Hartley. A refresher of the collection guidelines will be issued to all authorised parties.

The group agreed that an acceptable scalp presented must be dried and include behind the ears, backbone and complete tail. This is to be issued as part of the education forums in the BTB, with a diagrammatic image to be provided.

Item 11 Next Meeting Date & Close

The Committee scheduled the next meeting for Monday18 August 2014 commencing 10am, with location to be confirmed.

The meeting was closed at 12:54pm.

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

Chair Date

Meeting: General 28 May 2014	Date: 8 May 2014
Item Number: 11.1	File Number: D14/31952

1 View	Roma Saleyards Advisory Committee Meeting - Confirmed Minutes - 27/03/14	d14/30871
2 View	Airport Advisory Committee - Confirmed Minutes - 02/04/14	D14/35751
3 View	Wild Dog Advisory Committee - Confirmed Minutes - 25/11/13	d14/34899

Meeting: General 28 May 2014	Date: 20 May 2014
Item Number: 12.1	File Number: D14/35036

1 View	Map showing proposed road closure and opening for Naldera Road	D14/35085
2 View	Councillor Request - Cr. Chambers - Norman Johnston - Grid removal	D14/24959
3 View	Acknowledgement Letter Mr N Johnston Naldera Rd Alignment	D14/33758

Meeting: General 28 May 2014	Date: 15 May 2014
Item Number: 13.1	File Number: D14/33918

Meeting: General 28 May 2014	Date: 15 May 2014
Item Number: 13.2	File Number: D14/33961

Meeting: General 28 May 2014	Date: 20 May 2014
Item Number: 13.3	File Number: D14/35136

1 View	Conceptual Design - Footbridge - Council Builder	D14/35961
2 View	Photo - Footbridge Design Landmark	D14/35963

Meeting: General 28 May 2014	Date: 9 May 2014
Item Number: 13.4	File Number: D14/32192

1 View	Map - Lot 15 on EG68	D14/32195
2 View	Location Map - Lot 15 on EG68	D14/32200

Meeting: General 28 May 2014	Date: 20 May 2014
Item Number: 22.1	File Number: D14/35164