Agenda of General - 27 August 2014

Minutes of the General Meeting of maranoa Regional Council held at Roma Administration Centre on 13 August 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 M L Price, 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 Corporate, Community & Commercial Services – Sharon Frank, Manager Community Services – Julie Neil, Manager Airports (Roma, Injune, Surat & Mitchell) – Ben Jones, Manager Facilities – Tanya Mansfield, Manager Economic and Community Development – Ed Sims, (Acting) Coordinator Local Development & Events – Susan Sands, Manager Planning and Building Development – Danielle Pearn, Coordinator Planning – David Fermer, Town Planner – Christopher Tickner, Specialist Community Care Transition – Melissa Wathen, Specialist Business Development – Ryan Gittins, and Local Development Officer Roma – Janet Hogarth.

GUESTS

There were no guests in attendance at the meeting.

WELCOME

The Mayor welcomed all present and declared the meeting open at 9.09am.

APOLOGIES

There were no apologies for the meeting.

Confirmation of Minutes

Resolution No. GM/08.2014/01

Moved Cr Chambers Seconded Cr O'Neil

That the minutes of the General Meeting (13-23.07.14) held on 23 July 2014, and the minutes of the Special Budget Meeting (1-23.07.14) held on 23 July 2014 be confirmed.

CARRIED 9/0

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

Office of the CEO

Item Number: 10.1	File Number: D14/56898
Subject Heading: Fourth Quarter Review - Corporate, Community & Commercial Services
Author and Officer’s Title: Julie Reitano, Chief Executive Officer Sharon Frank, Director - Corporate, Community & Commercial Services
*Executive Summary:* A sub-set of the Fourth Quarter Review was presented for those areas relating to Corporate, Community & Commercial Services.

Resolution No. GM/08.2014/02 Moved Cr Denton Seconded Cr Wason That Council: Note the summary of highlights and issues for Corporate, Community and Commercial Services for the Fourth Quarter as presented by the Director. 2. Note the Chief Executive Officer’s advice that a copy of the full fourth quarter Work Program report would be provided to Council at an upcoming workshop for perusal. CARRIED 9/0

Responsible Officer	Director - Corporate, Community & Commercial Services

Item Number: 10.2	File Number: D14/57142
Subject Heading: Fourth Quarter Review – InfrastructurE Services
Author and Officer’s Title: Julie Reitano, Chief Executive Officer Cameron Castles, Director – Infrastructure Services
*Executive Summary:* A sub-set of the Fourth Quarter Review was presented for those areas relating to Infrastructure Services.

Resolution No. GM/08.2014/03 Moved Cr Price Seconded Cr Schefe That Council: Note the summary of highlights and issues for Infrastructure Services for the Fourth Quarter as presented by the Director. 2. Note the Chief Executive Officer’s advice that a copy of the full fourth quarter Work Program report would be provided to Council at an upcoming workshop for perusal. CARRIED 9/0

Responsible Officer	Director – Infrastructure Services

Item Number: 10.3	File Number: D14/57148
Subject Heading: Fourth Quarter Review - Development, Facilities & Environmental Services
Author and Officer’s Title: Julie Reitano, Chief Executive Officer Robert Hayward, Director – Development, Facilities & Environmental Services
*Executive Summary:* A sub-set of the Fourth Quarter Review was presented for those areas relating to Development, Facilities & Environmental Services.

Resolution No. GM/08.2014/04 Moved Cr Chambers Seconded Cr Newman That Council: Note the summary of highlights and issues for Development, Facilities and Environmental Services for the Fourth Quarter as presented by the Director. 2. Note the Chief Executive Officer’s advice that a copy of the full fourth quarter Work Program report would be provided to Council at an upcoming workshop for perusal. CARRIED 9/0

Responsible Officer	Director – Development, Facilities & Environmental Services

Item Number: 10.4	File Number: D14/57178
Subject Heading: Fourth Quarter Review - Office of the Chief executive officer (CEO)
Author and Officer’s Title: Julie Reitano, Chief Executive Officer
*Executive Summary:* A sub-set of the Fourth Quarter Review was presented for those areas relating to the Office of the CEO, together with some whole-of-organisation highlights.

Resolution No. GM/08.2014/05 Moved Cr O'Neil Seconded Cr Flynn That Council: Note the summary of highlights for the Office of the CEO for the Fourth Quarter. Note the Organisational Highlights. 3. Note the Chief Executive Officer’s advice that a copy of the full fourth quarter Work Program report would be provided to Council at an upcoming workshop for perusal. CARRIED 9/0

Responsible Officer	Chief Executive Officer

Corporate, Community & Commercial Services

Item Number: 11.1	File Number: D14/53312
Subject Heading: Repeal of previously identified delegable powers under the Health (Drugs and Poisons) Regulation 1996
Author and Officer’s Title: Christina Tincknell, Coordinator - Corporate, Community & Commercial Services
*Executive Summary:* This report sought Council's approval to repeal previously delegated powers to the Chief Executive Officer, under the Health (Drugs and Poisons) Regulation 1996.

Resolution No. GM/08.2014/06 Moved Cr Newman Seconded Cr Chambers That Council repeal all powers previously delegated to the Chief Executive Officer pertaining to the Health (Drugs and Poisons) Regulation 1996, noting that the delegated power had been previously endorsed by Council at the General Meeting 26 October 2012 (Resolution No. GM.334.12). CARRIED 9/0

Responsible Officer	Coordinator - Corporate, Community & Commercial Services

Item Number: 11.2	File Number: D14/54164
Subject Heading: Community Care - Transition Process for Community Aged Care Services
Author and Officer’s Title: Melissa Wathen, Specialist - Community Care Transition
*Executive Summary:* The Australian Government is pursuing a reform agenda that will reshape the Aged Care system and the way providers deliver Community and Aged Care services. On 11 June 2014 (GM/06.2014/21), Council endorsed the transition out of Community and Aged Care service delivery and resolved to initiate the transition plan to another provider. Maranoa Regional Council has undertaken extensive consultation and investigations of their Community and Aged Care Programs with both Federal (Department of Social Services) and State (Department of Communities, Child Safety and Disability Services) delegates, as to the appropriate process for transition. New information from the Federal delegates regarding their funded service types requires Council consideration and decision. The information contained in the report provided guidance for Council’s consideration regarding the transition process.

Discussion:

Council deferred discussion on the item until the reporting officer was available to answer questions relating to the report.

Action:

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

Item Number: 11.3	File Number: D14/56931
Subject Heading: Consideration of Elected Member Attendance at Conferences Location: Toowoomba, Dalby and Mount Isa
Author and Officer’s Title: Kelly Rogers, Coordinator - Elected Members & Community Engagement
*Executive Summary:* This report sought formalisation of Elected Member attendance at an upcoming conference as part of advocacy activities and/or enhancing strategy and policy development for Maranoa Regional Council.

Resolution No. GM/08.2014/07 Moved Cr O'Neil Seconded Cr Flynn That Council approve the attendance of representing Councillors at the following upcoming conferences: The Mayor, Cr O’Neil, Cr Price and Cr Denton at the Ag in the Asian Century: National Export and Innovation Conference on 1 – 2 October 2014 in Toowoomba; Cr Newman at the sixth Darling Downs South West Planners Forum on 19 – 20 August 2014 in Dalby; and Cr Price at the Western Regional Roads Forum on 28 August 2014 in Mount Isa. CARRIED 9/0

Responsible Officer	Coordinator - Elected Members & Community Engagement

Item Number: 11.4	File Number: D14/57062
Subject Heading: South West Queensland Local Government Association
Author and Officer’s Title: Kelly Rogers, Coordinator - Elected Members & Community Engagement
*Executive Summary:* Council received an invoice from South West Queensland Local Government Association (SWQLGA) seeking payment of membership fees for the 2014/15 financial year.

Resolution No. GM/08.2014/08 Moved Cr Price Seconded Cr O'Neil That Council: Renew its membership annually with South West Queensland Local Government Association (SWQLGA) for the remainder of this term of Council, by way of payment of the applicable annual membership fee. Update the Community Engagement Framework to include reference to Council’s membership. CARRIED 9/0

Responsible Officer	Coordinator - Elected Members & Community Engagement

Infrastructure Services

Item Number: 12.1	File Number: D14/54397
Subject Heading: Loading Zone - Arthur St, Roma
Author and Officer’s Title: Kylie Fleischfresser, Specialist - Infrastructure Planning
*Executive Summary:* Council received a request for a dedicated parking bay/loading zone outside the Health Plus Chemist on Arthur Street, Roma.
Discussion: It was also requested that Council consider three (3) options for signage design as provided in the officer’s report.
Resolution No. GM/08.2014/09 Moved Cr Newman Seconded Cr O'Neil That a parking space near the Health Plus Chemist be allocated as a loading zone, and be signed accordingly. CARRIED 5/4

Responsible Officer	Specialist - Infrastructure Planning

Discussion:

Council commenced discussion on signage design, with a draft motion put forward as recorded below. No vote was taken on the motion at that time, and the matter was laid on the table for further consideration at a later point during the meeting.

Moved Cr O'Neil Seconded Cr Wason

That Council proceed with signage design Option 3 (R5-Q05).

NO VOTE TAKEN

Item Number: 11.2	File Number: D14/54164
Subject Heading: Community Care - Transition Process for Community Aged Care Services
Author and Officer’s Title: Melissa Wathen, Specialist - Community Care Transition
*Executive Summary:* The Australian Government is pursuing a reform agenda that will reshape the Aged Care system and the way providers deliver Community and Aged Care services. On 11 June 2014 (GM/06.2014/21), Council endorsed the transition out of Community and Aged Care service delivery and resolved to initiate the transition plan to another provider. Maranoa Regional Council has undertaken extensive consultation and investigations of their Community and Aged Care Programs with both Federal (Department of Social Services) and State (Department of Communities, Child Safety and Disability Services) delegates, as to the appropriate process for transition. New information from the Federal delegates regarding their funded service types requires Council consideration and decision. The information contained in the report provided guidance for Council’s consideration regarding the transition process.

Resolution No. GM/08.2014/10 Moved Cr Newman Seconded Cr Denton That: Council continue to provide all Community and Aged Care Services until 30 June 2015. Council not tender or negotiate for Community and Aged Care Services to commence 1 July 2015. The Chief Executive Officer formally advise and notify in writing the Federal and State Departments of items 1 and 2. The Chief Executive Officer liaise with the Federal Department regarding the Application to Transfer Aged Care Places (18 Home Care Packages) other than Provisionally Allocated Places to another provider, and that officers provide Council with a recommendation with options regarding the potential Service Provider, as per the Aged Care Act. The Chief Executive Officer notify in writing the clients, carers and nominated representatives currently receiving Home and Community Care Services (HACC) (Over 65’s/Under 65’s) and National Respite for Carers Program (NRCP) of items 1 and 2. The Chief Executive Officer notify in writing the clients, carers and nominated representatives currently receiving Home Care Packages (HCP) of items 1 and 4. The Chief Executive Officer notify, in writing, key stakeholders of items 1, 2 and 4. The Chief Executive Officer prepare the required Transition and Exit Plans and documentation, as recommended by the Federal and State Departments with regards to items 1 and 2. Council’s Community and Aged Care Services continue to accept clients who are assessed as eligible for services and ensure these clients/carers/nominated representatives are fully aware of items 1 and 4 prior to accepting services. Council approve for the Maranoa Regional Council Community Care transport services to participate in the Maranoa Mobility Demonstration Project (MMDP) until 30 June 2015, noting confirmation received from the Chief Executive Officer of Translink that there will be no additional cost to Council as it is a funded demonstration program. Councillor Denton, Council’s Coordinator – Community Care and Specialist – Community Care Transition be Council’s nominated representatives on the MMDP Steering Committee. CARRIED 9/0

Responsible Officer	Specialist - Community Care Transition

Cr Flynn declared a ‘Conflict of Interest’ in the following Items – 12.2, 12.3, 12.4 and 12.5 due to his personal business operations out of the Roma Airport, and left the Chamber at 9.45am, taking no further part in discussions on the matter.

Item Number: 12.2	File Number: D14/56763
Subject Heading: Airport Fees & Charges - Annual Landing & Parking Fees Location: Roma
Author and Officer’s Title: Ben Jones, Manager - Airports (Roma, Injune, Surat & Mitchell)
*Executive Summary:* It was proposed that the current Annual Landing and Parking fee schedule be amended to provide clearer instructions to customers on the eligibility of Annual Landing and Parking fees, and the 20% resident discount. The proposed amendments include the Annual Landing and Parking fees to apply to aircraft less than 5,700kg, and the 20% discount requiring proof of the applicant’s residency in the Maranoa Regional Council area.

Resolution No. GM/08.2014/11 Moved Cr Denton Seconded Cr O'Neil That Council: Amend the current fees and charges for Annual Landing and Parking fees to be applied to aircraft less than 5,700kg. Remove the existing frequent user discount of 20%, and apply the 20% discount to Annual Landing and Parking Fees to aircraft less than 5,700kg, for proven Maranoa Regional Council area residents only. CARRIED 8/0

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

Item Number: 12.3	File Number: D14/56829
Subject Heading: Origin Water Bombing Operations at Injune Airport Location: Injune Applicant: Origin Energy
Author and Officer’s Title: Ben Jones, Manager - Airports (Roma, Injune, Surat & Mitchell)
*Executive Summary:* Origin wishes to secure the Injune Airport for use as a staging area for their contracted water bomber operations for the upcoming bush fire season. The aircraft used will exceed the 5,700kg limit of the Injune Aerodrome, however, their weight of 7,000kg will be for taxi and take off only. This represents a very low risk of damage to the runway, as the majority of damage generally occurs on landing. The aircraft will be approximately 2,800kg when landing, well below the 5,700kg limit.

Resolution No. GM/08.2014/12 Moved Cr Newman Seconded Cr Denton That Council grant a pavement concession for Origin’s water bombing operations at the Injune Airport of up to 7,000kg, for taxi and take off only. CARRIED 8/0

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

Item Number: 12.4	File Number: D14/56919
Subject Heading: General Aviation Apron Extension Location: Roma
Author and Officer’s Title: Ben Jones, Manager - Airports (Roma, Injune, Surat & Mitchell)
*Executive Summary:* Due to an increase in aircraft traffic at Roma Airport, the General Aviation apron is often at capacity. An option to increase the available parking space is to extend the existing General Aviation apron to the west, resulting in an additional seven (7) light aircraft parking bays.

Resolution No. GM/08.2014/13 Moved Cr Denton Seconded Cr Wason That Council approve up to $28,000 (excluding GST), to undertake a detailed engineering design to extend the General Aviation apron, with funding to be made available via a transfer of funds from the airport reserve. CARRIED 8/0

Responsible Officer	Manager - Airports (Roma, Injune, Surat & Mitchell)/Specialist – Strategic Finance

Item Number: 12.5	File Number: D14/57020
Subject Heading: Proposed WiFi installation at Roma Airport
Author and Officer’s Title: Ben Jones, Manager - Airports (Roma, Injune, Surat & Mitchell)
*Executive Summary:* Due to high peak periods, mobile phone coverage is at capacity, providing a low level of service at the Roma Airport. This has resulted in patrons of the airport experiencing difficulty in receiving or making mobile phone calls. It was proposed that the installation of WiFi at the Roma Airport be investigated.

Resolution No. GM/08.2014/14 Moved Cr O'Neil Seconded Cr Chambers That Council approves the cost of $4,964.79 (including GST) for Telstra to attend the site and conduct a survey to produce a costed proposed solution for a WiFi installation at Roma Airport, with funding to be made available via a transfer of funds from the airport reserve. CARRIED 8/0

Responsible Officer	Manager - Airports (Roma, Injune, Surat & Mitchell)/Specialist – Strategic Finance

At cessation of discussion and debate on the above four (4) items, Cr Flynn entered the Chamber at 9.54am.

Development, Facilities & Environmental Services

Item Number: 13.1	File Number: D14/49527
Subject Heading: Local Government Boundary Anomalies
Author and Officer’s Title: Tanya Mansfield, Manager - Facilities
*Executive Summary:* At the request of the Department of Natural Resources and Mines, Council has been considering a number of anomalies pertaining to the Maranoa Regional Council local government boundary adjacent to the Banana Shire, Western Downs Regional Council and Balonne Shire Council local government boundary. This ongoing matter has been considered at General Council meetings held on 11 December 2013 and 22 January 2014. The Department of Local Government, Community Recovery and Resilience has however requested further information and deliberation by Council before the Department will make a decision on amending Council boundaries.

Discussion:

Council deferred discussion on the item until the reporting officer was available to answer questions pertaining to the report.

Action:

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

Item Number: 13.2	File Number: D14/51372
Subject Heading: Commercial Tenancy Agreement Location: 41-45 Hutton Street Injune
Author and Officer’s Title: Josephine Horsfall, Coordinator - Property & Legal
*Executive Summary:* In July 2013, Council entered into a Commercial Tenancy Agreement with Queensland Blue Light Association Injune, Injune Youth Group and the Injune Swimming Club which allowed the groups’ use of the premises at 41-45 Hutton Street Injune. Blue Care Injune has also shared the use of the premises under a Licence Agreement with Council. Both the Commercial Tenancy Agreement and Licence Agreement expired on 1 July 2014.

Discussion:

Council deferred discussion on the item until the reporting officer was available to answer questions pertaining to the report.

Action:

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

Item Number: 13.3	File Number: D14/54418
Subject Heading: Post Event Report
Author and Officer’s Title: Janet Hogarth, Local Development Officer - Roma
*Executive Summary:* A post event report was presented on the 2014 Maranoa Region June/July School Holiday Program, which incorporated a range of events and activities across the region.
Discussion: Council congratulated staff on delivery of the program, having received positive comments from the community.
Resolution No. GM/08.2014/15 Moved Cr Denton Seconded Cr Flynn That Council receive and note the Officer’s Report as presented. CARRIED 9/0

Responsible Officer	Local Development Officer - Roma

Item Number: 13.4	File Number: D14/54440
Subject Heading: Application to waive fees for Tourism and Events Queensland Photo Shoot Location: Roma and Surat Applicant: Megan Swords
Author and Officer’s Title: Megan Swords, Coordinator – Tourism
*Executive Summary:* On 28 July 2014, Tourism and Events Queensland (TEQ), in partnership with Southern Queensland Country Tourism (SQCT) commissioned Big Boy Film Services Pty Ltd to undertake a film shoot in Roma, Surat and St George. All images will remain the property of TEQ and SQCT, but will be made available for use by Council through TEQ’s online Image Library. As part of the planning for the photo shoot, Council required the organisers to complete an ‘Application to Undertake Regulated Activity on Local Government Controlled Area or Road Reserve,’ and to pay an application fee of $270.40. As the images from the shoot will be used to promote tourism in the Maranoa, and will also be available for Council use, TEQ and SQCT have requested that Council consider waiving the application fee.

Resolution No. GM/08.2014/16 Moved Cr Denton Seconded Cr Wason That Council waive the application fee of $270.40 for Big Boy Film Services Pty Ltd to undertake regulated activity on Local Government Controlled area or Road, for the purpose of their photo shoot on 28 July 2014. CARRIED 9/0

Responsible Officer	Coordinator – Tourism

Item Number: 13.5	File Number: D14/54498
Subject Heading: Department of Human Services - Surat Agency Contract 2014-15 Location: Surat Cobb and Co Changing Station - Library Applicant: Jacqueline Burns
Author and Officer’s Title: Jacqueline Burns, Coordinator - Libraries, Arts & Culture
*Executive Summary:* The Department of Human Services has invited Council to continue to provide Agent Services (Centrelink) in Surat for the period commencing 1 July 2014 and ending on the 30 June 2015.

Resolution No. GM/08.2014/17 Moved Cr Newman Seconded Cr Flynn That Council endorse the continuation for the provision of services in Surat as an agent for the Department of Human Services. CARRIED 9/0

Responsible Officer	Coordinator - Libraries, Arts & Culture

Item Number: 13.6	File Number: D14/55029
Subject Heading: Allocation of Reserve - Neil Turner Weir Location: Mitchell
Author and Officer’s Title: Tanya Mansfield, Manager - Facilities
*Executive Summary:* During the recent review of camping options in the region, it was identified that the land known as Lot 3 on DL366, on which the park and toilet block are located at the Neil Turner Weir in Mitchell, and across the road where sand has in the past been stockpiled, is gazetted as Unallocated State Land. It was recommended that Council apply to the Department of Natural Resources and Mines to have the land gazetted as a Reserve for Park and Recreation Purposes with Council nominated as the trustee.

Discussion:

Council deferred discussion on the item until the reporting officer was available to answer questions pertaining to the report.

Action:

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

Item Number: 13.7	File Number: D14/55030
Subject Heading: Amendment of Reserve - Muckadilla Parkland Location: Muckadilla
Author and Officer’s Title: Tanya Mansfield, Manager - Facilities
*Executive Summary:* During the recent review of camping options in the region, it was identified that the land known as Lots 13 - 16 on M3832, behind the Muckadilla Hall, toilets and park is gazetted as a Reserve for Park Purposes. The Muckadilla community currently promote the area for camping, however camping is not an allowable use of a park reserve. It was recommended that Council apply to the Department of Natural Resources and Mines to have the land gazetted as a Reserve for Park and Recreation Purposes with Council continuing to act as the trustee of the reserve.

Discussion:

Council deferred discussion on the item until the reporting officer was available to answer questions pertaining to the report.

Action:

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

Subject Heading: suspension of standing orders

Council adjourned the meeting for a brief recess at 10.04am.

Subject Heading: resumption of standing orders

Council resumed the meeting at 10.15am with deputy Mayor taking the chair in the Mayor’s absence.

Item Number: 13.1	File Number: D14/49527
Subject Heading: Local Government Boundary Anomalies
Author and Officer’s Title: Tanya Mansfield, Manager - Facilities
*Executive Summary:* At the request of the Department of Natural Resources and Mines, Council has been considering a number of anomalies pertaining to the Maranoa Regional Council local government boundary adjacent to the Banana Shire, Western Downs Regional Council and Balonne Shire Council local government boundary. This ongoing matter has been considered at General Council meetings held on 11 December 2013 and 22 January 2014. The Department of Local Government, Community Recovery and Resilience has however requested further information and deliberation by Council before the Department will make a decision on amending Council boundaries. This matter had been left on the table earlier during the meeting pending arrival of the reporting officer.

Resolution No. GM/08.2014/18 Moved Cr O'Neil Seconded Cr Newman That Council: Advise Banana Shire, Western Downs Regional Council and Balonne Shire Council that Council has completed an assessment of the boundary anomalies as notified by the Department Natural Resources and Mines and considered in its assessment access roads to the property, the location of the majority of the area of the lot and feedback from affected property owners. Advise Banana Shire, Western Downs Regional Council and Balonne Shire Council that it is Council’s position that the local government boundary should be moved to locate Lot 5 on SP215322 and Lot 6 on SP215322 entirely in Balonne Shire Council and Lot 4 on SP 204532, Lot 9 on AB 244, Lot 9 on SP 236780, Lot 22 on SP 248280, Lot 70 on WV 631 and Lot 368 on FTY 535 entirely within the Maranoa Regional Council Local Government Area. Apply to the Minister for Local Government for a referral of the matter to the Local Government Change Commissioner (Electoral Commission of Queensland) providing details of Council’s assessment and recommendations. CARRIED 8/0

Responsible Officer	Manager – Facilities

Item Number: 13.2	File Number: D14/51372
Subject Heading: Commercial Tenancy Agreement Location: 41-45 Hutton Street Injune
Author and Officer’s Title: Josephine Horsfall, Coordinator - Property & Legal
*Executive Summary:* In July 2013, Council entered into a Commercial Tenancy Agreement with Queensland Blue Light Association Injune, Injune Youth Group and the Injune Swimming Club which allowed the groups’ use of the premises at 41-45 Hutton Street Injune. Blue Care Injune has also shared the use of the premises under a Licence Agreement with Council. Both the Commercial Tenancy Agreement and Licence Agreement expired on 1 July 2014. This matter had been left on the table earlier during the meeting pending arrival of the reporting officer.

Resolution No. GM/08.2014/19 Moved Cr Denton Seconded Cr Chambers That Council: Extend the current Commercial Tenancy Agreement between Queensland Blue Light Association, Injune Youth Group, Injune Swimming Club and the Licence Agreement with Blue Care Injune until Council completes the review of Injune facilities. Advise the groups that Council retains the right to terminate the agreement at any time with the provision of one month’s notice to vacate. Continue to pay all outgoings subject to the groups’ continuing a cooperative, shared use arrangement with other community organisations. CARRIED 8/0

Responsible Officer	Coordinator - Property & Legal

Item Number: 13.6	File Number: D14/55029
Subject Heading: Allocation of Reserve - Neil Turner Weir Location: Mitchell
Author and Officer’s Title: Tanya Mansfield, Manager - Facilities
*Executive Summary:* During the recent review of camping options in the region, it was identified that the land known as Lot 3 on DL366, on which the park and toilet block are located at the Neil Turner Weir in Mitchell, and across the road where sand has in the past been stockpiled, is gazetted as Unallocated State Land. It was recommended that Council apply to the Department of Natural Resources and Mines to have the land gazetted as a Reserve for Park and Recreation Purposes with Council nominated as the trustee. This matter had been left on the table earlier during the meeting pending arrival of the reporting officer.

Resolution No. GM/08.2014/20 Moved Cr Schefe Seconded Cr Newman That Council apply to the Department of Natural Resources and Mines to gazette Lot 3 on DL366 being Unallocated State Land as a Reserve for Park Purposes with Council as the nominated trustee. CARRIED 8/0

Responsible Officer	Manager - Facilities

Item Number: 13.7	File Number: D14/55030
Subject Heading: Amendment of Reserve - Muckadilla Parkland Location: Muckadilla
Author and Officer’s Title: Tanya Mansfield, Manager - Facilities
*Executive Summary:* During the recent review of camping options in the region, it was identified that the land known as Lots 13 - 16 on M3832, behind the Muckadilla Hall, toilets and park is gazetted as a Reserve for Park Purposes. The Muckadilla community currently promote the area for camping, however camping is not an allowable use of a park reserve. It was recommended that Council apply to the Department of Natural Resources and Mines to have the land gazetted as a Reserve for Park and Recreation Purposes with Council continuing to act as the trustee of the reserve. This matter had been left on the table earlier during the meeting pending arrival of the reporting officer.

Resolution No. GM/08.2014/21 Moved Cr Denton Seconded Cr O'Neil Apply to the Department of Natural Resources and Mines to change the purpose of Lots 13 – 16 on M3832 behind the Muckadilla Hall, public toilets and park from a Reserve for Park Purposes to a Reserve for Park and Recreation Purposes. CARRIED 8/0

Responsible Officer	Manager - Facilities

Item Number: 13.6	File Number: D14/55029
Subject Heading: Allocation of Reserve - Neil Turner Weir Location: Mitchell
Author and Officer’s Title: Tanya Mansfield, Manager - Facilities
*Executive Summary:* New information was received in relation to this item. Council considered the information to hand, determining that an amendment to the initial resolution be considered.

Discussion:

The ‘Mover’ and ‘Seconder’ of the motion indicated that they were in favour of an amendment to the original motion (GM/08.2014/20),following the receipt of new information becoming available. The amendment was that the land should be gazetted as a Reserve for Park Purposes, instead of a Reserve for Park and Recreation Purposes as originally moved. This amendment has been made to the recorded resolution.

Cr Wason declared a conflict of interest in the following two items 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, and called for nomination of a replacement Chair for discussion and debate on the items.

Resolution No. GM/08.2014/22

Moved Cr Chambers Seconded Cr Denton

That Cr Newman be nominated Chair for the purpose of discussion and debate of items 13.8 and 13.9.

CARRIED 7/0

Cr Wason left the Chamber at 10.21am taking no further part in discussion or debate on items 13.8 an 13.9. At that time Cr Newman took the Chair.

Item Number: 13.8	File Number: D14/55921
Subject Heading: Application for Material Change of Use - "Extractive Industry" up to 500,000 tonnes p.a. and Environmentally Relevant Activities 16(2)(b) and 16(3)(b) - Extractive and Screening Activities. File: 2014/18864 Location: 41476 Warrego Highway, Jackson QLD 4426 (Lot 12 on SP218512) Applicant: David and Susan Bassingthwaighte C/- Ausrocks Pty Ltd
Author and Officer’s Title: David Fermer, Coordinator - Planning
*Executive Summary:* The application seeks approval for a Material Change of Use – “Extractive Industry” to 500,000 tonnes per annum and Environmentally Relevant Activities 16(2)(b) and 16(3)(b) – Extractive and Screening Activities, on land at 41476 Warrego Highway, Jackson QLD 4426 (described as Lot 12 on SP218512). The application is subject to Impact Assessment against the relevant provisions of the Bendemere Shire Planning Scheme 2006. Public notification was carried out between 9 April 2014 and 6 May 2014, and no submissions were received. The application is generally consistent with the provisions of the Bendemere Shire Planning Scheme 2006 including the Desired Environmental Outcomes and Rural Zone Code.

Resolution No. GM/08.2014/23 Moved Cr Chambers Seconded Cr Schefe That Council approve the application for Material Change of Use - “Extractive Industry” to 500,000 tonnes per annum and Environmentally Relevant Activities 16(2)(b) and 16(3)(b) – Extractive and Screening Activities, on land at 41476 Warrego Highway, Jackson QLD 4426 (described as Lot 12 on SP218512), subject to the following conditions: Preamble (i) Refer to http://www.cmdg.com.au for the Capricorn Municipal Development Guidelines (CMDG). (ii) 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. (iii) The related Environmental Authority(s) as included in the Environmental Protection Act 1994 must have been given and remain current while the use continues. All references to the ‘Environmental Authority’ within these conditions refer to the Environmental Authority for this approved use. The related Environmental Authorities are: a) 2(b) extracting, other than by dredging in a year, more than 100,000t but no more than 1,000,000t; and b) 3(b) screening, in a year, more than 100,000t but no more than 1,000,000t. (iv) All Aboriginal Cultural Heritage in Queensland is protected under the Aboriginal Cultural Heritage Act 2003 and penalty provisions apply for any unauthorised 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. (v) 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. (vi) Building construction is to accord with the Building Code of Australia, Queensland Development Code and State Planning Guidelines for building in bushfire prone areas. Construction standards for a Medium Bushfire Hazard area will apply. Use 1. The approved development is a Material Change of Use - "Extractive Industry” and related Environmentally Relevant Activities 16(2)(b) and 16(3)(b) – Extractive and Screening Activities, as shown on the approved plans. a) The approved extraction tonnage is capped at 500,000 tonnes per annum. b) This approval is current for 5 years commencing from the date of approval. The life of this approval is restricted as neither Council nor the extractive industry operator can be sure of the longer term impacts on the Council road system from the development. The conditions requiring road impact contributions are based on a timeframe of 5 years. 2. The period of the currency of this approval may be extended to 20 years by an infrastructure agreement which allows the Council, the extractive industry operator and the approval holder to establish longer term protocols and arrangements which address the possible variations to the impacts on Council’s road infrastructure over an extended period. Timing 3. 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. 4. Prior to commencement of use, the applicant shall contact Council to arrange a development compliance inspection. Approved Plans and Documents 5. Maintain the approved development, in accordance with the following approved plans, subject to and as modified by any conditions of this approval: Drawing SP_s2001 Jackson Quarry Site Layout Plan. Prepared by Ausrocks Consulting Mining Engineers dated 17/01/2014 Drawing SP_s2002 Jackson Quarry Site Layout Plan. Prepared by Ausrocks Consulting Mining Engineers dated 17/01/2014 Drawing EP_s2001 Jackson Quarry Extraction Area 1 Plan. Prepared by Ausrocks Consulting Mining Engineers dated 17/01/2014 Drawing EP_s2002 Jackson Quarry Exraction Area 1 Plan. Prepared by Ausrocks Consulting Mining Engineers dated 17/01/2014 Drawing EP_s2003 Jackson Quarry Extraction Area 2 Plan. Prepared by Ausrocks Consulting Mining Engineers dated 17/01/2014 Drawing EP_s2004 Jackson Quarry Extraction Area 2 Plan. Prepared by Ausrocks Consulting Mining Engineers dated 17/01/2014 Drawing EP_s2005 Jackson Quarry Extraction Area 3 Plan. Prepared by Ausrocks Consulting Mining Engineers dated 17/01/2014 Drawing EP_s2006 Jackson Quarry Area 3 Plan. Prepared by Ausrocks Consulting Mining Engineers dated 17/01/2014 Drawing SP_s2005 Jackson Quarry Office and Amenities Layout Plan. Prepared by Ausrocks Consulting Mining Engineers dated 17/01/2014 Drawing SP_s2006 Jackson Quarry Office and Amenities Layout Plan. Prepared by Ausrocks Consulting Mining Engineers dated 17/01/2014 Drawing NP_s2001 Jackson Quarry Neighbour Plan. Prepared by Ausrocks Consulting Mining Engineers dated 28/03/2014 6x3m Site Office _Jackson Quarry Prepared by Ausrocks Consulting Mining Engineers Document – Site Based Management Plan Prepared by Ausrocks Consulting Mining Engineers dated 01/2014 Documents – Capricorn Municipal Development Guidelines While all of the Capricorn Municipal Development Guidelines apply to the approval the following guidelines have direct application: D1 Geometric Road Design dated 03/2012 D2 Pavement Design dated 03/2012 D5 Stormwater Drainage Design dated 03/2012 D6 Site Regrading dated 03/2012 D7 Erosion Control and Stormwater Management dated 03/2012 6. All works must comply with: a) the development approval conditions; b) any relevant provisions in the Planning Scheme; c) Council’s standard designs for such work where such designs exist; d) the Capricorn Municipal Development Guidelines; e) any relevant Australian Standard that applies to that type of work; and f) 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 Authorities 7. This approval relies on the relevant approved Environmental Authority (and its related documents) applicable to the site to identify and state the all the requirements for this approval related to Environmentally Relevant Activities for the site (where those Environmentally Relevant Activities are not expressly devolved to the Council). 8. This approval relies on the entity responsible for approving and managing the Environmental Authority to meet its responsibilities. The Council will not take any responsibility for the management of environmental impacts covered by the Environmental Authority unless and until that entity (or its legal successors) is unable to act. 9. The standards and approval of civil works and services and aspects of environmental management not covered by the Environmental Authority are the responsibility of the Council, but subject to the environmental impact management requirements that may be imposed by the Environmental Authority (or any approval that effectively replaces that Environmental Authority). 10. Where there is a conflict between the conditions and standards set by an Environmental Authority for the site and the conditions and standards set by the Development Permit, those set in the Environmental Authority shall prevail in those matters covered by the Environmental Authority. Operating Hours 11. Hours of operation are 6:00am to 6:00pm Monday to Saturday. No work is permitted on Sundays or public holidays. Hours of operation include the transporting of material from the site. 12. The quarry operator may apply to Council to vary the hours of operation for a particular project where the extended operating hours are necessary in the opinion of the Council having considered the requirements and community benefits of the particular project and the duration of the additional impacts upon the local community. 13. 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 14. Any advertising signage is subject to a further development approval unless compliant with the self-assessable development provisions of the planning scheme. 15. Effluent storage and removal must not have an adverse effect on the surrounding areas and must not cause nuisance to neighbouring properties. 16. 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 17. 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. 18. Extraction areas, access and site roadways and surrounds shall be kept in an orderly fashion and free of rubbish. 19. 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. 20. Lighting of the site, including any temporary or 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 21. All earthworks for the development shall be undertaken in accordance with Capricorn Municipal Development Guidelines D6 ‘Site Regrading’ Design Guidelines. Erosion Control 22. Erosion and Sediment Control is to be managed in accordance with: a) Site Based Management Plan (Jackson Quarry) Section 14.10 Stormwater Management and Erosion and Sediment Control Plan; and b) Capricorn Municipal Development Guidelines D7 ‘Erosion Control and Stormwater Management’. 23. 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 24. At all times during the operation on site effluent is to be disposed of in accordance with Queensland Plumbing and Wastewater Code 2013 and AS1547.2012 (On-site domestic wastewater management). A development permit for plumbing and drainage works shall be sought from Council for any onsite sewerage system provided to the development. 25. 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 and also a potable water supply sufficient to meet the needs of staff and visitors to the site. 26. Any supply of potable water to the site, and disposal of effluent from the site is to be performed by a suitably licenced contractor. Stormwater and Drainage 27. Stormwater is to be managed in accordance with: a) Site Based Management Plan (Jackson Quarry) Section 14.10 Stormwater Management and Erosion and Sediment Control Plan; and b) Capricorn Municipal Development Guidelines D5 ‘Stormwater Drainage Design’. 28. Discharge of stormwater runoff from the development shall drain freely in all cases, and no nuisance of ponding is to be created within the vicinity of the development. 29. There shall be no increases in any silt loads or contaminants in any overland flow from the site being developed, or into creeks or roadways, either during the development process or after the development has been completed. Access, Car parking and Manoeuvring Note that the Department of State Development, Infrastructure and Planning have attached conditions to this approval concerning access to the State Controlled Road Network. 30. 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. 31. All weather vehicle access shall be provided for traffic movement within the development site. 32. Unsealed internal roads are to be watered upon receipt of any complaint regarding dust nuisance caused by vehicle movements within the site. Environmental Management 33. All activities while the use continues are to be managed in accordance with: a) The relevant Environmental Authority issued by the Department of Environment and Heritage Protection, or any subsequent Environmental Authority that is issued for the approved use; b) the Site Based Management Plan, (Jackson Quarry) prepared by Ausrocks Consulting Mining Engineers; and c) all relevant sections of the Capricorn Municipal Development Guidelines. 34. Remediation of the site is to occur in consultation with the landowner, and is to be managed in accordance with: a) the relevant Environmental Authority issued by the Department of Environment and Heritage Protection, or any subsequent Environmental Authority that is issued for the approved use; and b) the Rehabilitation Plan, Section 14.17 of the Site Based Management Plan, (Jackson Quarry) prepared by Ausrocks Consulting Mining Engineers. 35. If the environmental approval issued by a State agency (Department of Environment and Heritage Protection or its successor) 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 most recent environmental approval will be the applicable standards. 36. Weeds and pests are to be monitored and controlled in accordance with Section 14.14 of the Site Based Management Plan prepared by Ausrocks Consulting Mining Engineers. Fees, Infrastructure Charges and Impact Contributions 37. 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. This condition and the conditions in Local Roads Additional Impacts Charges Schedule A are based on division 2 of chapter 8, more specifically sections 650 and 651 and linked sections, of the Sustainable Planning Act 2009. 38. All matters contained within this development approval may be covered by infrastructure agreements or deeds of agreement between the relevant parties for each matter. 39. 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 40. 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. 41. 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 42. 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 or other) 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). 43. Council is to be indemnified against any claims arising from works carried out by the applicant on Council’s property. No Cost to Council 44. 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. 45. 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 46. 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 47. 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 48. Development is carried out generally in accordance with the plans and reports provided as part of the application. 49. All easement conditions remain relevant and applicable to the burdened parcels. 50. The proposed haulage road is to be constructed as close to the edge of the easement as practicable (ie. as far away from the centre line of the easement). 51. The proposed haulage road is to stay to one side of the easement (rather than cut across and back) as practicable (to limit vehicle movements under the lines). 52. A high strength guard barrier is constructed at a minimum distance of 15m from the base of any high voltage tower in the vicinity of the haulage route. Design of the barrier is to be approved by Ergon Energy before construction to determine suitability and any special earthing requirements. All costs associated with the construction of the barrier will be at the expense of the applicant. 53. Signage is to be installed (both directions) where the proposed haulage route passes under the lines, alerting drivers to the presence of the powerline and towers to reduce risk of damage or contact. 54. Access to the easement and access along the easement must be available to Ergon Energy personnel and equipment at all times. Where fencing prohibits access to and along the easement area, gates must be supplied and installed at the developer/owner's expense. 55. Should changes to any Ergon Energy infrastructure be proposed or required as part of the development, those changes are made with Ergon Energy's consent and at the developer/owner's expense (unless otherwise agreed to by Ergon Energy). Charges Schedule A - Local Roads Additional Impacts 56. These conditions are 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. 57. 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 level of approved use is changed or (2) 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 3-year moving average annual percentage increase in the PPI index (as defined in the Sustainable Planning Act 2009) for the period of 3 years ending at the start of the financial year. 58. 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. 59. 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 is 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. 60. 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. 61. 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. 62. The extractive industry operator or the approval holder(s) may undertake roadworks in lieu of paying a local roads additional impacts charge. The roadworks must be of the same value as the local roads additional impacts charge. The value of roadworks will be determined by Council or by an independent RPEQ standard engineer agreed to by the Council. The roadworks must be roadworks included the Council current roadworks program and within a 50 kilometre radius of the extractive industry site on roads that may be used by the operator. The carrying out of roadworks must comply with CMDG guidelines and other requirements which normally apply to works carried out on Council roads by contractors, including warranties for the works performed. The onus is on the entity intending to perform the roadworks to gain all necessary approvals for the roadworks. The roadworks must be completed within 3 months after the local roads additional impacts charge was due to be paid or within a period agreed in writing with the Council. 63. The charges or roadworks or other relevant matters 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. CARRIED 7/0

Responsible Officer	Coordinator - Planning

Item Number: 13.9	File Number: D14/56040
Subject Heading: Material Change of Use - "Extractive Industry" (up to 500,000 tonnes/annum) & Environmentally Relevant Activity 16 (Extractive and Sceening Activity) File: 2014/18926 Location: 184 Crossroads Road, Yuleba North QLD 4427 (Lots 6 & 7 on Plan WV409) Applicant: S & M Phelps C/- StruXi Design
Author and Officer’s Title: Christopher Tickner, Town Planner
*Executive Summary:* The application sought approval for a Material Change of Use – “Extractive Industry” and related Environmentally Relevant Activities 16 (2) (b) and 16(3)(b) – Extractive and Screening Activities, on land at 184 Crossroads Road, Yuleba North QLD 4427 (described as Lots 6 and 7 on Plan WV409). The application is subject to Impact Assessment against the relevant provisions of the Bendemere Shire Planning Scheme 2006. Public notification was carried out between 2 May 2014 and 26 May 2014 with no submissions received during this period. The application is generally consistent with the provisions of the Bendemere Planning Scheme 2006 including the Desired Environmental Outcomes and Rural Zone code.

Resolution No. GM/08.2014/24 Moved Cr Price Seconded Cr Flynn That Council approve the application for Material Change of Use- “ Extractive Industry” and related environmentally Relevant Activities (16(2)(b) and 16(3)(b) – Extractive and Screening Activities, on land at 184 Crossroads Road, Yuleba North QLD 4427 (described as Lots 6 and 7 on Plan WV409), subject to the following conditions: Preamble (i) Refer to http://www.cmdg.com.au for the Capricorn Municipal Development Guidelines (CMDG). (ii) 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. (iii) The related Environmental Authority(s) as included in the Environmental Protection Act 1994 must have been given and remain current while the use continues. All references to the ‘Environmental Authority’ within these conditions refer to the environmental Authority for this approved use. The related Environmental Authorities are: a) 2(b) extracting, other than by dredging in a year, more than 100,000t but no more than 1,000,000t; and b) 3(b) screening, in a year, more than 100,000t but no more than 1,000,000t. (iv) 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. (v) 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. (vi) Building construction is to accord with the Building Code of Australia, Queensland Development Code and State Planning Guidelines for building in bushfire prone areas. Construction standards for a Medium Bushfire Hazard area will apply Use 1. The approved development is a Material Change of Use - "Extractive Industry” and related Environmentally Relevant Activities 16(2)(b) and 16(3)(b) – Extractive and Screening Activities, as shown on the approved plans. a) The approved extraction tonnage is capped at 500,000 tonnes per annum. b) This approval is current for 5 years commencing from the date of approval. The life of this approval is restricted as neither Council nor the extractive industry operator can be sure of the longer term impacts on the Council road system from the development. The conditions requiring road impact contributions are based on a timeframe of 5 years. 2. The period of the currency of this approval may be extended to 20 years by an infrastructure agreement which allows the Council, the extractive industry operator and the approval holder to establish longer term protocols and arrangements which address the possible variations to the impacts on Council’s road infrastructure over an extended period. Timing 3. 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. 4. Prior to commencement of use, the applicant shall contact Council to arrange a development compliance inspection. Approved Plans and Documents 5. Maintain the approved development, in accordance with the following approved plans, subject to and as modified by any conditions of this approval: Drawing 1430.13804 003 Revision D Site Plan. Prepared by StruXi Design Pty Ltd, dated 05/03/14. Drawing 1430.13804 002 Revision C Locality Plan. Prepared by StruXi Design Pty Ltd, dated 05/03/14. Drawing 430.13804 401 Revision A Office Elevations. Prepared by StruXi Design Pty Ltd, dated 15/07/13. Drawing 1430.13804 101 Revision B Office Floor Plan. Prepared by StruXi Design Pty Ltd, dated 05/03/14. Drawing - Gravel Pit Rehabilitation - Concept Plan. Drawing - Basin and Sediment Management Details. (amended by Council in red) Drawing - Appendix 7 Location of Sensitive Receptors. (amended by Council in red) Document – Site Based Management Plan Lots 6 & 7 WV409, Crossroads Road, Yuleba North Prepared by Peter Swan (Struxi design) Documents – Capricorn Municipal Development Guidelines while all of the Capricorn Municipal Development Guidelines apply to the approval the following guidelines have direct application: D1 Geometric Road Design dated 03/2012 D2 Pavement Design dated 03/2012 D5 Stormwater Drainage Design dated 03/2012 D6 Site Regrading dated 03/2012 D7 Erosion Control and Stormwater Management dated 03/2012 6. All works must comply with: a) the development approval conditions; b) any relevant provisions in the Planning Scheme; c) Council’s standard designs for such work where such designs exist; d) the Capricorn Municipal Development Guidelines; e) any relevant Australian Standard that applies to that type of work; and f) 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 Authorities 7. This approval relies on the relevant approved Environmental Authority (and its related documents) applicable to the site to identify and state the all the requirements for this approval related to Environmentally Relevant Activities for the site (where those Environmentally Relevant Activities are not expressly devolved to the Council). 8. This approval relies on the entity responsible for approving and managing the Environmental Authority to meet its responsibilities. The Council will not take any responsibility for the management of environmental impacts covered by the Environmental Authority unless and until that entity (or its legal successors) is unable to act. 9. The standards and approval of civil works and services and aspects of environmental management not covered by the Environmental Authority are the responsibility of the Council, but subject to the environmental impact management requirements that may be imposed by the Environmental Authority (or any approval that effectively replaces that Environmental Authority). 10. Where there is a conflict between the conditions and standards set by an Environmental Authority for the site and the conditions and standards set by the Development Permit, those set in the Environmental Authority shall prevail in those matters covered by the Environmental Authority. Operating Hours 11. Hours of operation are 6:00am to 6:00pm Monday to Saturday. No work is permitted on Sundays or public holidays. Hours of operation include the transporting of material from the site. 12. The quarry operator may apply to Council to vary the hours of operation for a particular project where the extended operating hours are necessary in the opinion of the Council having considered the requirements and community benefits of the particular project and the duration of the additional impacts upon the local community. 13. 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 14. Any advertising signage is subject to a further development approval unless compliant with the self-assessable development provisions of the planning scheme. 15. Effluent storage and removal must not have an adverse effect on the surrounding areas and must not cause nuisance to neighbouring properties. 16. 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 17. 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. 18. Extraction areas, access and site roadways and surrounds shall be kept in an orderly fashion and free of rubbish. 19. 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. 20. Lighting of the site, including any temporary or 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 21. All earthworks for the development shall be undertaken in accordance with Capricorn Municipal Development Guidelines D6 ‘Site Regrading’ Design Guidelines. Erosion Control 22. Erosion and Sediment Control is to be managed in accordance with: a) Site Based Management Plan (Lots 6 & 7 WV409, Crossroads Road, Yuleba North),Section 4.3 Stormwater Management and Erosion and Sediment Control Plan; and b) Capricorn Municipal Development Guidelines D7 ‘Erosion Control and Stormwater Management’. 23. 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 24. At all times during the operation on site effluent is to be disposed of in accordance with Queensland Plumbing and Wastewater Code 2013 and AS1547.2012 (On-site domestic wastewater management). A development permit for plumbing and drainage works shall be sought from Council for any onsite sewerage system provided to the development. 25. 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 and also a potable water supply sufficient to meet the needs of staff and visitors to the site. 26. Any supply of potable water to the site, and disposal of effluent from the site is to be performed by a suitably licenced contractor. Stormwater and Drainage 27. Stormwater is to be managed in accordance with: a) Site Based Management Plan (Lots 6 & 7 WV409, Crossroads Road, Yuleba North), Section 4.3 Stormwater Management and Erosion and Sediment Control Plan; and b) Capricorn Municipal Development Guidelines D5 ‘Stormwater Drainage Design’. 28. Discharge of stormwater runoff from the development shall drain freely in all cases, and no nuisance of ponding is to be created within the vicinity of the development. 29. There shall be no increases in any silt loads or contaminants in any overland flow from the site being developed, or into creeks or roadways, either during the development process or after the development has been completed. Access, Car parking and Manoeuvring Note that the Department of State Development, Infrastructure and Planning have attached conditions to this approval concerning Access to the State-controlled road network. 30. 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. 31. The access intersection between the development and Crossroads Road is to be upgraded in accordance with DTMR Standard Drawing D04-221 Standard Access (Minor) Radius 30m. This will include a 2 coat bitumen seal and associated drainage to the Wild Dog Barrier Fence gate. 32. All-weather vehicle access shall be provided for traffic movement within the development site. 33. Unsealed internal roads are to be watered upon receipt of any complaint regarding dust nuisance caused by vehicle movements within the site. 34. All vehicle accesses intersecting the Wild Dog Barrier Fence are to be constructed in accordance with regulations and standards required by the authority for the Land Protection (Pest and Stock Route Management) Act 2002. Roadwork 35. Crossroads Road is to be upgraded from the end of the bitumen on Horse Creek Road extending in an easterly direction to the entrance of the site to the following standards: (a) formation width: 8.0 metres; (b) pavement width: 7.0 metres; (c) seal width: 7.0 metres; (d) pavement design: CMDG Table D2.08.1 ‘Rural & Rural Residential’ >100 vpd; (e) rural design criteria: Table D1.21.03 ‘Rural Road Elements for Maranoa Regional Council, 100 - 140 VPD Rural Collector – Minor’; and otherwise generally in accordance with Capricorn Municipal Development Guidelines D1 ‘Geometric Road Design.’ Environmental Management Note that the Department of Environment and Heritage Protection have attached conditions to this approval concerning Buffer Zones. 36. All activities while the use continues are to be managed in accordance with: a) the relevant Environmental Authority issued by the Department of Environment and Heritage Protection, DEHP’s conditions of approval (attached), or any subsequent Environmental Authority that is issued for the approved use; b) the Site Based Management Plan, (Lots 6 & 7 WV409, Crossroads Road, Yuleba North) prepared by Peter Swan (Struxi design); and c) all relevant sections of the Capricorn Municipal Development Guidelines. 37. Remediation of the site is to occur in consultation with the landowner, and is to be managed in accordance with: a) the relevant Environmental Authority issued by the Department of Environment and Heritage Protection, DEHP’s conditions of approval (attached), or any subsequent Environmental Authority that is issued for the approved use; and b) the Rehabilitation Plan, Section 4.4 of the Site Based Management Plan, (Lots 6 & 7 WV409, Crossroads Road, Yuleba North) prepared by Peter Swan (Struxi design). 38. If the environmental approval issued by a State agency (Department of Environment and Heritage Protection or its successor) 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 most recent environmental approval will be the applicable standards. 39. Weeds and pests are to be monitored and controlled in accordance with Section 4.2.4 of the Site Based Management Plan prepared by Struxi Design. 40. The operator is to develop and implement appropriate bushfire mitigation plans for the development site prior to the commencement of use. Fees, Infrastructure Charges and Impact Contributions 41. 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. This condition and the conditions in Local Roads Additional Impacts Charges Schedule A are based on division 2 of chapter 8, more specifically sections 650 and 651 and linked sections, of the Sustainable Planning Act 2009. 42. All matters contained within this development approval may be covered by infrastructure agreements or deeds of agreement between the relevant parties for each matter. 43. 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 44. 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. 45. 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 46. 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 or other) 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). 47. Council is to be indemnified against any claims arising from works carried out by the applicant on Council’s property. No Cost to Council 48. 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. 49. 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 50. 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 51. 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’. Charges Schedule A - Local Roads Additional Impacts 52. These conditions are required because the development will impact on the local roads then 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. 53. 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 level of approved use is changed or (2) 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 3-year moving average annual percentage increase in the PPI index (as defined in the Sustainable Planning Act 2009) for the period of 3 years ending at the start of the financial year. 54. 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. 55. 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 is 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. 56. 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. 57. 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 older(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. 58. The extractive industry operator or the approval holder(s) may undertake roadworks in lieu of paying a local roads additional impacts charge. The roadworks must be of the same value as the local roads additional impacts charge. The value of roadworks will be determined by Council or by an independent RPEQ standard engineer agreed to by the Council. The roadworks must be roadworks included the Council current roadworks program and within a 50 kilometre radius of the extractive industry site on roads that may be used by the operator. The carrying out of roadworks must comply with CMDG guidelines and other requirements which normally apply to works carried out on Council roads by contractors, including warranties for the works performed. The onus is on the entity intending to perform the roadworks to gain all necessary approvals for the roadworks. The roadworks must be completed within 3 months after the local roads additional impacts charge was due to be paid or within a period agreed in writing with the Council. 59. The charges or roadworks or other relevant matters 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. CARRIED 7/0

Responsible Officer	Town Planner

At cessation of discussion on the abovementioned two items, Cr Wason entered the Chamber at 10.39am, assuming the Chair.

The Mayor entered the Chamber at 10.42am.

Item Number: 13.10	File Number: D14/56506
Subject Heading: Maranoa Economic Snapshot & Report – July 2014
Author and Officer’s Title: Ryan Gittins, Specialist - Business Development
*Executive Summary:* On an annual basis, AEC Group Ltd has been engaged to update the Maranoa Economic Profile to reflect the most up-to-date economic statistics. The latest editions of the economic snapshot and full report were completed in early July 2014. Council’s approval of these documents was sought prior to their dissemination via the Council and Invest Maranoa websites.

Resolution No. GM/08.2014/25 Moved Cr O'Neil Seconded Cr Newman That Council endorse the July 2014 editions of the Maranoa Economic Profile and Maranoa Economic Snapshot (as attached to the Officer’s report), prior to their dissemination via the Council and Invest Maranoa websites. CARRIED 9/0

Responsible Officer	Specialist - Business Development

The Mayor assumed the Chair at 10.43am.

Item Number: 13.11	File Number: D14/56712
Subject Heading: Retrospective Approval to Submit Funding Applications under the Queensland Anzac Centenary Program, Round Two
Author and Officer’s Title: Susan (Sue) Sands, (Acting) Coordinator – Local Development & Council Events
*Executive Summary:* Council is eligible to submit funding applications under the Queensland Government’s Anzac Centenary Grants program. Council has submitted three separate applications to restore and enhance the cenotaphs at Roma, Mitchell and Injune by the due date of 12 August 2014.

Resolution No. GM/08.2014/26 Moved Cr Denton Seconded Cr Chambers That Council provide retrospective approval to submit funding applications under the Queensland Government’s Anzac Centenary Grants program for the cenotaphs at Roma, Injune and Mitchell, which were previously discussed at the Council workshop on 6 August 2014. CARRIED 9/0

Responsible Officer	(Acting) Coordinator - Local Development & Council Events
Item Number: 13.12	File Number: D14/56826
Subject Heading: Sub-Agreement for Mitchell Master Drainage Study and yuleba service centre, and deed of variation for roma flood mitigation levee construction
Author and Officer’s Title: Susan (Sue) Sands, (Acting) Coordinator – Local Development & Council Events
*Executive Summary:* Maranoa Regional Council has received advice that the application for the Mitchell Master Drainage Study, submitted under the State Government’s 2014/15 Natural Disaster Resilience Program, has been successful. Council is now required to enter into a sub-agreement with the State Government to receive the funding, and provide confirmation that the remainder of the project costs will be met. Maranoa Regional Council has also received advice that the application for the Yuleba Service Centre, submitted under the State Government’s 2014/15 Local Government Grants and Subsidies Program, has been successful. Council is now required to enter into a sub-agreement with the State Government to receive the funding, and provide confirmation that the remainder of the project costs will be met. Finally, it was requested that Council authorise the Chief Executive Officer to sign a Deed of Variation to extend the project date for completion of the Roma Flood Mitigation Levee Construction Projects (Stage 1 Levee) until 31 December 2014.

Discussion:

A draft motion was put forward as follows, however, no vote was taken on the draft motion at that time, and the matter was left on the table for further discussion following morning tea.

Moved Cr Chambers Seconded Cr Price

That Council:

Authorise the Chief Executive Officer to sign the sub-agreement with the Department of Local Government, Community Recovery and Resilience for the Mitchell Master Drainage Study project, and the sub-agreement.

Confirm that the remainder of the project costs (40%) will be met from the 2014/15 budget.

Authorise the Chief Executive Officer to sign the sub-agreement for the creation of a one stop shop Service Centre under the Community – Local Government Grants and Subsidies Program – Infrastructure Subsidies 2014/15.

Confirm that $180,000 has been allocated towards the estimated cost of the project ($300,000) in Council’s 2014/15 budget, and Council has now received confirmation of funding for 40% of the project cost ($120,000)

Authorise the Chief Executive Officer to sign the Deed of Variation to the Funding Agreement for the Roma Flood Mitigation Levee Construction Project (Stage 1 Levee), extending the project completion date to 31 December 2014.

NO VOTE TAKEN

Subject Heading: suspension of standing orders

Council adjourned the meeting for morning tea at 10.50am.

Subject Heading: resumption of standing orders

Council resumed the meeting at 11.25am

Item Number: 13.12	File Number: D14/56826
Subject Heading: Sub-Agreement for Mitchell Master Drainage Study
Author and Officer’s Title: Susan (Sue) Sands, (Acting) Coordinator – Local Development & Council Events
*Executive Summary:* Maranoa Regional Council has received advice that the application for the Mitchell Master Drainage Study, submitted under the State Government’s 2014/15 Natural Disaster Resilience Program, has been successful. Council is now required to enter into a sub-agreement with the State Government to receive the funding, and provide confirmation that the remainder of the project costs will be met. Maranoa Regional Council has also received advice that the application for the Yuleba Service Centre, submitted under the State Government’s 2014/15 Local Government Grants and Subsidies Program, has been successful. Council is now required to enter into a sub-agreement with the State Government to receive the funding, and provide confirmation that the remainder of the project costs will be met. Finally, it was requested that Council authorise the CEO to sign a Deed of Variation to extend the project date for completion of the Roma Flood Mitigation Levee Construction Projects (Stage 1 Levee) until 31 December 2014.
Discussion: This item had been laid on the table earlier during the meeting. Council resumed discussion and debate on the draft motion.
Resolution No. GM/08.2014/27 Moved Cr Chambers Seconded Cr Price That Council: Authorise the Chief Executive Officer to sign the sub-agreement with the Department of Local Government, Community Recovery and Resilience for the Mitchell Master Drainage Study project, and the sub-agreement. Confirm that the remainder of the project costs (40%) will be met from the 2014/15 budget. Authorise the Chief Executive Officer to sign the sub-agreement for the creation of a one stop shop Service Centre under the Community – Local Government Grants and Subsidies Program – Infrastructure Subsidies 2014/15. Confirm that $180,000 has been allocated towards the estimated cost of the project ($300,000) in Council’s 2014/15 budget, and Council has now received confirmation of funding for 40% of the project cost ($120,000) Authorise the Chief Executive Officer to sign the Deed of Variation to the Funding Agreement for the Roma Flood Mitigation Levee Construction Project (Stage 1 Levee), extending the project completion date to 31 December 2014. CARRIED 9/0

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

At this point, the Manager Community Services, Julie Neil, attended the meeting to provide additional clarification for Item 11.2. With the endorsement of the Mover and Seconder, and with the approval of the Council, the resolution was amended so that point 5 include recommendation (2) in addition to (1).

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:-

(e) contracts proposed to be made by it;

(f) starting or defending legal proceedings involving the local government;

(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;

Resolution No. GM/08.2014/28

Moved Cr Price Seconded Cr Flynn

That Council close the meeting to the public at 11.30am.

CARRIED 9/0

Cr Newman declared a perceived ‘Conflict of Interest’ in Item C.2 “Draft Surat Grain Centre Lease” due to her family business currently working in partnership with a representative of Surat Grain, and left the Chamber at 11.31am.

At cessation of discussion on Item C.2 “Draft Surat Grain Centre Lease” Cr Newman entered the Chamber at 11.37am.

Cr Flynn declared a ‘Conflict of Interest’ Item C.6 “Jetgo Request for Fee Waiver at the Roma Airport” due to his personal business operations out of the Roma Airport, and left the Chamber at 11.44am, taking no further part in discussions on the matter.

At cessation of discussion on Item C.6 “Jetgo Request for Fee Waiver at the Roma Airport” Cr Flynn entered the Chamber at 11.50am.

Subject Heading: suspension of standing orders

Council adjourned the meeting for lunch at 12.50am.

Subject Heading: resumption of standing orders

Council resumed the meeting at 1.42pm

The Mayor did not return to the meeting following lunch, and the Deputy Mayor assumed the Chair in his absence.

The Mayor entered the Chamber and assumed the Chair at 1.52pm.

Cr Denton left the Chamber at 1.56pm.

Cr Denton entered the Chamber at 1.57pm.

The Mayor left the Chamber at 2.13pm with the Deputy Mayor assuming the Chair in his absence.

Cr Flynn declared a ‘Conflict of Interest’ Item C.8 “Roma Airport Expansion” due to his personal business operations out of the Roma Airport, and left the Chamber at 2.16pm, taking no further part in discussions on the matter.

The Mayor entered the Chambers at 2.17pm, and assumed the Chair.

The Mayor left the Chamber at 2.20pm

The Mayor entered the Chamber at 2.21pm.

Resolution No. GM/08.2014/29

Moved Cr O'Neil Seconded Cr Schefe

That Council open the meeting to the public at 2.22pm.

CARRIED 8/0

At cessation of discussion on Item C.8 “Roma Airport Expansion” Cr Flynn entered the Chamber at 2.23pm.

Item Number: C.1	File Number: D14/50685
Subject Heading: Variation to Rates Business Agreement Applicant: Civica Pty Ltd
Author and Officer’s Title: Dale Waldron, Manager - Administration & Information Services
*Executive Summary:* It was requested that Council give consideration to approving a variation of the five year Rates Business Agreement to spread the training component of training Council Staff over the remaining three years instead of only the final year of the Agreement.
Resolution No. GM/08.2014/30 Moved Cr Schefe Seconded Cr Chambers That Council authorise the Chief Executive Officer to sign the variation of the Rates Business Agreement, so that the training component is spread over the remaining three years of the Agreement. CARRIED 9/0

Responsible Officer	Manager - Administration & Information Services

Cr Newman declared a perceived ‘Conflict of Interest’ in the following item, due to her family business currently being contracted to the named group corporations under Surat Grain, and left the Chambers at 2.26pm.

Item Number: C.2	File Number: D14/49896
Subject Heading: Draft Surat Grain Centre Lease
Author and Officer’s Title: Tanya Mansfield, Manager - Facilities
*Executive Summary:* Council, and its predecessor Warroo Shire Council, has for a number of years (at least as early as 2004) been in negotiations with “Surat Grain”, being a group of corporations Sumlake Pty Ltd, Dapco Grain Pty Ltd, Formosa Grain Pty Ltd, Brynog Grain Pty Ltd and Oakbell Pty Ltd. The purpose of these negotiations was to develop a lease or leases over the land in Surat which is currently being used by the companies as a bulk grain handling depot. At its General Meeting held on 23 April 2014, Council considered and agreed to a draft lease. However, subsequent to this decision, Surat Grain solicitors have requested changes to Clause 24 of the draft lease relating to any future sale of the land during the term of the lease. Council is asked to consider the requested changes.
Resolution No. GM/08.2014/31 Moved Cr Wason Seconded Cr Flynn That Council: Amend Clause 24 of the draft lease between Council and Sumlake Pty Ltd, Dapco Grain Pty Ltd, Formosa Grain Pty Ltd, Brynog Grain Pty Ltd and Oakbell Pty Ltd as per the draft clause presented to the Council meeting to reflect sound contracting principle obligations under the Local Government Regulation. Authorise the Chief Executive Officer to sign the Deed of Surrender, effective from the date the new lease is exercised. CARRIED 8/0

Responsible Officer	Manager - Facilities

At cessation of discussion and debate on the abovementioned item, Cr Newman entered at 2.27pm.

Item Number: C.3	File Number: D14/51374
*Subject Heading: Deed of transfer of CNF and SRC* funded housing from Economic Development Queensland to Maranoa Regional Council**
Author and Officer’s Title: Edward Sims, Manager - Economic & Community Development
*Executive Summary:* Council is in receipt of a Deed of Transfer from the Minister for Economic Development Queensland (MEDQ) that relates to Clearview Rise Estate Lots 406, 407 and 441. The Deed of Transfer details the conditions of sale, which are consistent with Council’s objectives for affordable housing for its key workers. This report sought Council’s resolution to sign the Deed of Transfer. (CNF = Competitive Neutrality Fund; SRC = Sustainable Resource Communities program)*
Resolution No. GM/08.2014/32 Moved Cr Price Seconded Cr Chambers That Council: Authorise the Chief Executive Officer to sign the Deed of Transfer from the Minister responsible for Economic Development Queensland that relates to Clearview Rise Estate Lots 406, 407 and 441. Authorise payment of the GST amounts on the transaction which is in accordance with its budget. CARRIED 9/0

Responsible Officer	Manager - Economic & Community Development

Item Number: C.4	File Number: D14/55709
Subject Heading: Management agreement - Denise Spencer Pool Location: Roma
Author and Officer’s Title: Tanya Mansfield, Manager - Facilities
*Executive Summary:* Council was asked to consider matters relating to the Denise Spencer Pool in Roma.
Resolution No. GM/08.2014/33 Moved Cr O'Neil Seconded Cr Denton That Council: Authorise the Chief Executive Officer to write to the Manager in accordance with the Management Agreement between Council and the Manager dated 1 September pertaining to Clause 12 of the Agreement - specifically 12.1.3 and 12.4.1. Close the Denise Spencer Pool from close of business on 13 August 2014, until such time that Council is satisfied that the Manager’s public liability insurance is in order for the facility, as required under the Management Agreement. Authorise the Chief Executive Officer to undertake any additional steps to facilitate these actions in consultation with Councillors. CARRIED 9/0

Responsible Officer	Chief Executive Officer

Item Number: C.5

File Number: D14/56601

Subject Heading: Regional Arts Development Fund Applications from Round 1, 2014/15 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 assessed funding applications for arts and cultural projects and activities submitted under Round 1 for the 2014/15 financial year, and provided recommendations to be ratified by Council.

Resolution No. GM/08.2014/34

Moved Cr Newman Seconded Cr Denton

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

Applicant	Project Description	Approved Contribution	Total Project Cost
Roma & District Eisteddfod Committee	Bring a qualified music specialist to the region for skills development	$3,159 (conditional) upon receipt of specified requirements)	$5,260
Surat & District Development Association	Hire of a professional photographer to record 90^th anniversary of the Cobb & Co Coach Ride	$2,400	$8,220
Roma Cluster Working Party: Small Town Culture Project	Employment of singer/songwriter to work with students	$13,650	$107,100
Injune State School P & C	5 day pottery class for children in Injune district	$1,080	$1,660
The Silversmiths Roma Group	Secure a tutor to conduct sustainable jewellery workshop	$900	$1,920
Kylie Douglas	Attendance at a writing workshop in Blackall	$1,000	$2,064

CARRIED 9/0

Responsible Officer

(Acting) Coordinator - Local Development & Council Events

Cr Flynn declared a ‘Conflict of Interest’ in the following two items due to his personal business operations out of the Roma Airport, and left the Chamber at 2.33pm, taking no further part in discussion or debate on the matter.

Item Number: C.6	File Number: D14/57061
Subject Heading: Jetgo request for fee waiver at the Roma Airport
Author and Officer’s Title: Ben Jones, Manager - Airports (Roma, Injune, Surat & Mitchell)
*Executive Summary:* It was requested that Council consider the applicant’s request for waiver of applicable fees.
Resolution No. GM/08.2014/35 Moved Cr O'Neil Seconded Cr Denton That Council: Not approve the requested fee waiver. Authorise the Chief Executive Officer to explore with Jetgo the option of reserving a number of their proposed (L) class fares for Maranoa Region residents, highlighting that Council has committed significant investment to cater for services such as this, noting the commencement of installation of the Precision Approach Path Indicator (PAPI) System and also investigation into the extension of the stop way by 150 metres. CARRIED 8/0

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

Item Number: C.8	File Number: D14/57239
Subject Heading: Roma Airport Expansion
Author and Officer’s Title: Bianca Kocsis, Project Manager
*Executive Summary:* Detailed within this report were the key recommendations to Council for the progression of the Roma Airport expansion works.
Resolution No. GM/08.2014/36 Moved Cr Denton Seconded Cr O'Neil That Council: Progress activities for the construction of Car Park 3 of the current airport car park design. Approve the exclusion of car park 2A and 2B of the current car park design drawing C. Progress with planning activities to construct the southern bus interchange as per the current Roma Airport design. Progress the Lark Landscape car park design “Deluxe” option to detailed design. Proceed with Highland Infrastructure Group (HIG) for site supervisor activities relating to the construction of the new scope for the Roma Airport car park. Progress planning activities for additional departure lounge space that is fully equipped with the appropriate services for conversion to an airline lounge if Council wish to explore this option at a later date. Approve the BCS Group preferred option for the checked baggage system to be included in the current terminal design and subsequent terminal construction. Approve the provision of five (5) check in counters in the current terminal design and subsequent construction and the provision of services to install an express airline check in kiosk at a later date. Progress planning activities to include a shade structure to the west of the checked baggage area. Progress planning activities to include a back of house toilet into the terminal design for tender and subsequent construction (replication on southern wall of the additional terminal space). Proceed with extension of the current Highland Infrastructure Group (HIG) consultancy for site super/engineering support through the tender and construction phase of the airport terminal. Proceed with the addition, to the terminal scope of works, of power requirements for signage/LED TV adverting. CARRIED 8/0

Responsible Officer	Chief Executive Officer

At cessation of discussion on the two abovementioned item, Cr Flynn entered the Chamber at 2.42pm.

Item Number: C.7	File Number: D14/57233
Subject Heading: Update on Organisational Restructure Financial Services
Author and Officer’s Title: Julie Reitano, Chief Executive Officer
*Executive Summary:* The report provided an update on the actions taken with respect to Council’s resolution of 23 July 2014.
Resolution No. GM/08.2014/37 Moved Cr Chambers Seconded Cr Price That Council: Note the information presented. Revisit the transfer of Quality, Safety & Environment to the Office of the Chief Executive Officer (CEO) and instead endorse the establishment of three working groups led by the CEO (to be included in the Organisational Structure) as follows: - Procurement - Financial Sustainability (e.g. Asset Management & Long Term Financial Forecasts) - Integrated Management System (Quality, Safety & Environment) Endorse for further consultation a change in title for the Infrastructure Planning and Design Department to the Department of Asset and Service Planning. Confirm the transfer of the work units to the new Departments, effective from 13 August 2014: - Procurement to Resource Coordination - Asset Valuations to Infrastructure Planning & Design (retitled) - Accounts Payable (Creditors) and Accounts Receivable (Debtors) to Administration and Information Services Approve for the Strategic Finance unit to report to the Director Corporate, Community & Commercial Services, with the following team members: - Accounting Services (Specialist – Accounting Services, 1 x Accountant, 1 x Finance Officer) - Specialist – Strategic Finance - Specialist – Finance Systems Support Include one Finance Officer in the Administration and Information Services Department. Authorise the Chief Executive Officer to undertake preliminary investigations to identify a suitable candidate for the role of a Project Manager. Approve the change in work unit title to Creditors (previously Accounts Payable). Approve the inclusion of the officer who currently undertakes Private Works within the Debtors work unit. CARRIED 9/0

Responsible Officer	Chief Executive Officer

Item Number: C.9	File Number: D14/56438
Subject Heading: Minor Amendments to Organisational Structure
Author and Officer’s Title: Erin Tompkins, Associate to the CEO & Mayor
*Executive Summary:* The report sought Council’s approval for a number of minor amendments to the organisational structure.
Resolution No. GM/08.2014/38 Moved Cr Chambers Seconded Cr Price That Council: Extend the terms of the Manager Facilities and Manager Environmental Health, Compliance and Waste until 30 September 2014, to allow for new contracts to be drafted. Provide in principle support for a new permanent full time position of Coordinator – Yuleba Services Centre, with a further report on funding to be provided to Council prior to progressing the matter. CARRIED 9/0

Responsible Officer	Associate to the CEO & Mayor

Item Number: 12.1	File Number: D14/54397
Subject Heading: Loading Zone - Arthur St, Roma
Author and Officer’s Title: Kylie Fleischfresser, Specialist - Infrastructure Planning
*Executive Summary:* Council has received a request for a dedicated parking bay/loading zone outside the Health Plus Chemist on Arthur Street, Roma. Earlier during the meeting, Council had deferred the aspect of sign design.
Discussion: It was also requested that Council consider three (3) options for signage design as provided in the officer’s report. A draft motion was put forward earlier during the meeting as recorded below. Council voted on the draft motion.

Resolution No. GM/08.2014/39

Moved Cr O'Neil Seconded Cr Wason

That Council proceed with signage design Option 3 (R5-Q05).

MOTION LOST 3/6

Resolution No. GM/08.2014/40

Moved Cr Flynn Seconded Cr Newman

That Council proceed with signage design Option 1 (R5-23)

CARRIED 8/1

Responsible Officer

Specialist – Infrastructure Planning

CLOSURE

There being no further business, the Mayor thanked Council for their attendance and declared the meeting closed at 2.49pm.

These Minutes are to be confirmed at the next General Meeting of Council to be held on 27 August 2014, at Roma Administration Centre.

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

Mayor. Date.

Maranoa Regional Council

General Meeting - 27 August 2014

Officer Report

Meeting: General 27 August 2014	Date: 15 August 2014
Item Number: 13.3	File Number: D14/59579

Subject Heading: Development Application for a Material Change of Use - "Extractive Industry" and Environmentally Relevant Activity (ERA) 16 - Extractive and Screening Activities (100,000-1,000,000 tonne per annum) File: 2013/18763

Classification: Open Access

Name of Applicant: Maranoa Regional Council C/- Cottrell Cameron & Steen

Location: 3387-3401 Carnarvon Highway, Eumamurrin QLD 4455 (Lot 1 and Lot 2 on SP200044 and Lot 8 on WV828)

Author & Officer’s Title: Christopher Tickner, Town Planner

Executive Summary: The application seeks approval for a Material Change of Use for “Extractive Industry” up to 1,000,000 tonnes per annum and Environmentally Relevant Activities 16(2) (b) and 16(3)(b) - Extractive and Screening Activities, on land at 3387-3401 Carnarvon Highway, Eumamurrin, QLD 4455 (described as Lot 1 on SP200044, Lot 2 on SP200044 and Lot 8 on WV828).

The application is subject to Impact Assessment against the relevant provisions of the Bungil Shire Planning Scheme 2006. Public Notification was carried out between November 22, 2013 and December 17, 2013, and no submissions were received.

The application is generally consistent with the provisions of the Bungil Planning Scheme 2006 including the Desired Environmental Outcomes and Rural Zone Code.

Officer’s Recommendation: The development application for a Material Change of Use - "Extractive Industry" to 700,000 tonnes per annum and Environmentally Relevant Activity (ERA) 16(2) (b) and 16(3)(b) - Extractive and Screening Activities on land at 3387-3401 Carnarvon Highway, Eumamurrin, QLD 4455 (described as Lot 1 on SP200044, Lot 2 on SP200044 and Lot 8 on WV828) be approved subject to conditions.

Preamble

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

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

(iii) The related Environmental Authority(s) as included in the Environmental Protection Act 1994 must have been given and remain current while the use continues. All references to the ‘Environmental Authority’ within these conditions refer to the Environmental Authority for this approved use.

The related Environmental Authorities are:

a) 2(b) extracting, other than by dredging in a year, more than 100,000t but no more than 1,000,000t; and

b) 3(b) screening, in a year, more than 100,000t but no more than 1,000,000t.

(iv) All Aboriginal Cultural Heritage in Queensland is protected under the Aboriginal Cultural Heritage Act 2003 and penalty provisions apply for any unauthorised 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.

(v) 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.

(vi) Building construction is to accord with the Building Code of Australia, Queensland Development Code and State Planning Guidelines for building in bushfire prone areas.

Use

1. The approved development is a Material Change of Use - "Extractive Industry” and related Environmentally Relevant Activities 16(2)(b) and 16(3)(b) – Extractive and Screening Activities, as shown on the approved plans.

a) The approved extraction tonnage is capped at 700,000 tonnes per annum.

b) This approval is current for 5 years commencing from the date of approval. The life of this approval is restricted as neither Council nor the extractive industry operator can be sure of the longer term impacts on the Council road system from the development. The conditions requiring road impact contributions are based on a timeframe of 5 years.

2. The period of the currency of this approval may be extended to 20 years by an infrastructure agreement which allows the Council, the extractive industry operator and the approval holder to establish longer term protocols and arrangements which address the possible variations to the impacts on Council’s road infrastructure over an extended period.

Timing

3. 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.

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

Approved Plans and Documents

5. Maintain the approved development, in accordance with the following approved plans, subject to and as modified by any conditions of this approval

Drawing No. 70002-2-DA107

Roma Quarry – Site Layout Plan

Prepared by Cottrell Cameron & Steen Surveys dated 24/07/2013

Drawing No. 51384-1

Target Locations & Infrastructure Details

Prepared by Murray & Associates Pty Ltd dated 14/11/2012

Documents – Capricorn Municipal Development Guidelines

While all of the Capricorn Municipal Development Guidelines apply to the approval the following guidelines have direct application:

D1 Geometric Road Design dated 03/2012

D2 Pavement Design dated 03/2012

D5 Stormwater Drainage Design dated 03/2012

D6 Site Regrading dated 03/2012

D7 Erosion Control and Stormwater Management dated 03/2012

6. All works must comply with:

a) the development approval conditions;

b) any relevant provisions in the Planning Scheme;

c) Council’s standard designs for such work where such designs exist;

d) the Capricorn Municipal Development Guidelines;

e) any relevant Australian Standard that applies to that type of work; and

f) 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 Authorities

7. This approval relies on the relevant approved Environmental Authority (and its related documents) applicable to the site to identify and state the all the requirements for this approval related to Environmentally Relevant Activities for the site (where those Environmentally Relevant Activities are not expressly devolved to the Council).

8. This approval relies on the entity responsible for approving and managing the Environmental Authority to meet its responsibilities. The Council will not take any responsibility for the management of environmental impacts covered by the Environmental Authority unless and until that entity (or its legal successors) is unable to act.

9. The standards and approval of civil works and services and aspects of environmental management not covered by the Environmental Authority are the responsibility of the Council, but subject to the environmental impact management requirements that may be imposed by the Environmental Authority (or any approval that effectively replaces that Environmental Authority).

10. Where there is a conflict between the conditions and standards set by an Environmental Authority for the site and the conditions and standards set by the Development Permit, those set in the Environmental Authority shall prevail in those matters covered by the Environmental Authority.

Operating Hours

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

12. The quarry operator may apply to Council to vary the hours of operation for a particular project where the extended operating hours are necessary in the opinion of the Council having considered the requirements and community benefits of the particular project and the duration of the additional impacts upon the local community.

13. 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

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

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

16. 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

17. 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.

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

19. 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.

20. Lighting of the site, including any temporary or 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

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

Erosion Control

22. Erosion and Sediment Control is to be managed in accordance with:

a) Site Based Management Plan (Roma Quarry); and

b) Capricorn Municipal Development Guidelines D7 ‘Erosion Control and Stormwater Management’.

23. 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

24. At all times during the operation on site effluent is to be disposed of in accordance with Queensland Plumbing and Wastewater Code 2013 and AS1547.2012 (On-site domestic wastewater management). A development permit for plumbing and drainage works shall be sought from Council for any onsite sewerage system provided to the development.

25. 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 and also a potable water supply sufficient to meet the needs of staff and visitors to the site.

26. Any supply of potable water to the site, and disposal of effluent from the site is to be performed by a suitably licenced contractor.

Stormwater and Drainage

27. Stormwater is to be managed in accordance with:

a) Site Based Management Plan (Roma Quarry); and

b) Capricorn Municipal Development Guidelines D5 ‘Stormwater Drainage Design’.

28. Discharge of stormwater runoff from the development shall drain freely in all cases, and no nuisance of ponding is to be created within the vicinity of the development.

29. There shall be no increases in any silt loads or contaminants in any overland flow from the site being developed, or into creeks or roadways, either during the development process or after the development has been completed

Access, Car parking and Manoeuvring

Note that the Department of State Development, Infrastructure and Planning have attached conditions to this approval concerning access to the State Controlled Road Network.

30. 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.

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

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

Environmental Management

33. All activities while the use continues are to be managed in accordance with:

a) The relevant Environmental Authority issued by the Department of Environment and Heritage Protection, or any subsequent Environmental Authority that is issued for the approved use;

b) the Site Based Management Plan, (Roma Quarry) prepared by Maranoa Regional Council; and

c) all relevant sections of the Capricorn Municipal Development.

34 Remediation of the site is to occur in consultation with the landowner, and is to be managed in accordance with:

a) the relevant Environmental Authority issued by the Department of Environment and Heritage Protection, DEHP’s conditions of approval (attached), or any subsequent Environmental Authority that is issued for the approved use; and

b) the Rehabilitation Plan outlined in Table 2, Environmental Issues and Control Measures in the Site Based Management Plan (Roma Quarry), prepared by Maranoa Regional Council.

35. If the environmental approval issued by a State agency (Department of Environment and Heritage Protection or its successor) 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 most recent environmental approval will be the applicable standards.

36. Weeds and pests are to be monitored and controlled in accordance with Section 14.14 of the Site Based Management Plan (Roma Quarry).

Fees, Infrastructure Charges and Impact Contributions

36. 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. This condition and the conditions in Local Roads Additional Impacts Charges Schedule A are based on division 2 of chapter 8, more specifically sections 650 and 651 and linked sections, of the Sustainable Planning Act 2009.

37. All matters contained within this development approval may be covered by infrastructure agreements or deeds of agreement between the relevant parties for each matter.

38. 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

39. 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.

40. 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

41. 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 or other) 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).

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

No Cost to Council

43. 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.

44. 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

45. 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

46. 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’.

Charges Schedule A - Local Roads Additional Impacts

47. These conditions are 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.

48. 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 approved 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 3-year moving average annual percentage increase in the PPI index for the period of 3 years ending at the start of the financial year.

49. 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.

50. 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.

51. 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.

52. 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.

53. 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.

54. The extractive industry operator or the approval holder(s) may undertake roadworks in lieu of paying a local roads additional impacts charge. The roadworks must be of the same value as the local roads additional impacts charge. The value of roadworks will be determined by Council or by an independent RPEQ standard engineer agreed to by the Council. The roadworks must be roadworks included the Council current roadworks program and within a 50 kilometre radius of the extractive industry site on roads that may be used by the operator. The carrying out of roadworks must comply with CMDG guidelines and other requirements which normally apply to works carried out on Council roads by contractors, including warranties for the works performed. The onus is on the entity intending to perform the roadworks to gain all necessary approvals for the roadworks. The roadworks must be completed within 3 months after the local roads additional impacts charge was due to be paid or within a period agreed in writing with the Council.

55. The charges or roadworks or other relevant matters 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)

- Warren Oxnam, Specialist Compliance (Internal)

- Ruth Golden, Specialist Development Engineer (Internal)

- Danielle Pearn, Manager Planning and Building Development (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 Bungil Shire Planning Scheme.

5 Year Operating Period

The recommended approval is for a period of 5 years commencing from the date of approval. The condition explains that the life of this approval is restricted as neither Council nor the extractive industry operator can be sure of changes to hauling practices and haul routes in the longer term and so the corresponding longer term impacts on the Council road system from the development. The conditions within this recommended approval that require road impact contributions are based on a timeframe of 5 years.

A second condition states that the period of the currency of this approval may be extended to 20 years by the forming of an infrastructure agreement which allows the Council, the extractive industry operator and the approval holder to establish longer term protocols and arrangements which address the possible variations to the impacts on Council’s road infrastructure over an extended period. It is not practical to spell out the details of the methodology, protocols and arrangements in the development approval. The use of a voluntary infrastructure agreement also gives the developer scope to target the methodology, protocols and arrangements of the agreement, and so fit in with the particular operational environment of the project.

Please note that the potential extension of the currency period for the approval is only related to managing the impacts on local roads, and no other matters. All of the other matters can be addressed by the recommended conditions with a high level of certainty. It is projections of road impacts beyond a 5 year period that are very difficult to determine because of the range of influencing factors.

If a mutually satisfactory set of methodology, protocols and arrangements can be embedded in the infrastructure agreement, then the risks to the Council and the developer over the longer term are more manageable, even if they are not clearly predictable.

Without the voluntary infrastructure agreement, the recommended conditions and the approval currency period of 5 years establish an acceptable level of risk for both parties. If the approval were to be open-ended, the burden and unpredictability of the risks gradually increase for both the Council and the developer over time.

Environmental Management

With the emphasis placed by the Queensland Government on the separation of responsibilities, the approval of development applications by the Council now should include conditions that make it clear that that the responsibility for managing the environmental impacts of a non-devolved environmentally relevant activity for a quarry rests with the Department of Environment and Heritage Protection DEHP). DEHP issues an environmental authority for the environmentally relevant activity and if they consider it necessary, can also include concurrence agency conditions in the development approval.

The recommended 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 responsible for the environmental authority is unable to act.

It also means that the standards and approval of civil works and services that are the responsibility of the Council should be compatible with the environmental impact management requirements that may be imposed by the environmental authority.

As a reserve power, the recommended Council conditions contain a “sleeper” clause. This clause is inserted just in case the environmental authority or the Department of Environment and Heritage Protection ceases to exist during the life of the quarry. 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.

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.

The conditions which set up the NAC have been modified from earlier versions to comply with the recent State Government amendments to the infrastructure charges provisions of the Sustainable Planning Act 2009.

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.

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	Body of Report	D14/61186
2	Development Plans	D14/61006
3	Department of State Development, Infrastructure & Planning - Concurrence Agency Response	D14/61002
4	Environmental Authority Permit	D14/61231

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” (extracting between 100,000 – 1,000,000 tonnes of gravel per annum) on land at Carnarvon Highway, Eumamurrin (properly described as Lots 1 and 2 on SP 200044 and Lot 8 on WV828).

Details of Proposed Development

The application proposes an expansion of an existing quarry (currently extracting a maximum of 100,000 tonnes of gravel per annum) to provide for an annual production of between 600,000 and 1,000,000 tonnes of hard rock quarry material. On-site operations will include drilling and blasting, crushing, screening, stockpiling and distribution.

Under the Environmental Protection Act 1994, the application constitutes an ‘Environmentally Relevant Activity’ (ERA). An increase annual production from 100,000t to 1,000, 000t will require an ERA under the Sustainable Planning Regulation 2009. An environmental approval is therefore to be considered in combination with this application.

The application has been considered by the Department of Transport and Main Roads (DTMR), as the subject land gains access directly from the Carnarvon Highway. DTMR have forwarded conditions to be imposed as part of any development approval. These conditions limit the extraction capacity of the quarry to 700,000 tonne per year.

The quarry operation is contained primarily on Lot 1 on SP200044 and Lot 8 on WV828 with Lot 2 on SP200044 only required for stockpiling purposes during peak production periods. Of the total 136ha site area, the quarry operation will occupy a total of 26.84ha. There are no new buildings proposed as part of the application, with existing quarry infrastructure considered adequate to service the operation.

Drilling and blasting will be used to extract the material. Blasting is carried out 1-2 times a month and occurs between 9:00am and 5:00pm only on weekdays. The material is then crushed, screened and stockpiled on site. Vehicles to be used on site include;

· 2 x 30 tonne excavators

· 1 x mobile impact crusher

· 4 x front end loaders

· 2 x mobile cone crushers

· 1 x mobile jaw crusher

· 3 x mobile screening units

· 2 x 45 tonne articulated dump trucks

Existing buildings on site include:

· Machinery Workshop

· Admin Office and Amenities

Electricity and telecommunications are provided to the site and have the capacity to support the expanded operation. Currently, water is supplied from the dams contained on site, or is transported to the site by trucks. An application for an on-site bore has been submitted to the Department of Natural Resources and Mines (DNRM), and if approved, will provide an additional water source for the operation. If the bore application is not approved, the current water supplies will continue.

The quarry employees 9 Council workers and between 2 and 15 contractors (depending on output). Regular operating hours are 6:30am to 5:00pm, Monday to Thursday, 6:30am to 3:30pm Fridays, and some overtime work on Saturdays when required.

Figure 1 – Zoning Map/Site Locality (Source: Bungil Planning Scheme)

Figure 2 – Aerial Map (Source: Google Earth)

Characteristics of the Site

The site is located adjacent to the Carnarvon Highway, Eumamurrin, approximately 35km north of Roma and approximately 56km south of Injune. Site access is provided via a bitumen single-vehicle access from the Carnarvon Highway. The site is zoned Rural. Reticulated water and sewerage are not available.

Lot 2 on SP200044 contains two dwellings, located approximately 250m and 500m west and south of the quarry respectively. The Gubberamunda State Forest is located directly north of the site. A dwelling is located 1.9km east of the site.

Transport and Haulage

Site access will be provided via an existing bitumen single access from the Carnarvon Highway. All-weather gravel access/haul roads are established internally within the site.

Quarry material will be transported by way of AB Triple, Road Train, Semi-Trailer and Body and Truck (Tandem Axle). On average, 60 vehicle movements in and out of the property per day are expected, however vehicle movements can reach 130 per day during peak production. It is expected that 40% of total production will travel north on the Carnarvon Highway to various sites between the quarry and Rollestone. Approximately 60% of total production will travel south on the Carnarvon Highway, of which; 25% will be to various sites along the highway between the quarry and the intersection of Roma-Taroom Road; 20% between the intersection of Roma-Taroom Road and 34km from Roma; 30% in and around Roma; and 25% beyond Roma.

The application has been referred to Department of Transport and Main Roads (via the State Assessment and Referral Agency). DTMR have attached several conditions to be imposed as part of any development approval, including that site access must be upgraded to DTMR Basic Left Turn and Basic Right Turn standards, and that extraction rates not exceed 700,000 tonnes per annum.

Infrastructure Connections

The development site does not have reticulated water or sewerage networks available. As a result, effluent disposal will be by way of an on site effluent disposal system. 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.

Definition of Use & Assessment Status

The Bungil 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 106(1) of the Local Government Act 1993, or mining within the meaning of the Mineral Resources Act 1989. Transport Infrastructure Act – extraction of material from roadway.

The Environmental Protection Regulation defines the proposed activity as;

“Environmentally Relevant Activity 16 – Extractive and Screening Activities”, threshold:

- 2(b) extracting, other than by dredging, in a year, more than 100,000t but no more than 1,000,000t; and

- 3(b) screening, in a year, more than 100,000t but no more than 1,000,000t.

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:

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 22 November, 2013 and 17 December, 2013.

No properly made submissions were received during this period.

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.

The site does not contain any areas of high scenic amenity, remnant vegetation, wetlands, fauna habitats and wildlife corridors or regionally significant open space. The development will operate in accordance with the Site Based Management Plan, which incorporates control measures for potential environmental impacts.

(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.

The Site Based Management Plan incorporates measures for preventing land degradation. Land degradation will be avoided through the implementation of the Site Based Management Plan as well as through appropriate conditions of development approval.

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

The Site Based Management Plan addresses ecological sustainability through the identification of potential environmental impacts and appropriate control measures. Ecological sustainability will be ensured through the implementation of Site Based Management Plan as well as appropriate conditions of development approval.

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

The site is not identified as being in, or in close proximity to, a place of historical, cultural or social significance.

(b) Economic

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

The site is not mapped as containing Good Quality Agricultural Land.

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

This application is for extractive industry, suitably located in the Rural Zone.

(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 an extractive industry, providing material for civil construction, generally contributing to the economic growth of the region. It is estimated that the operation will employ between 11-24 people.

(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 contribute to 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 Carnarvon Highway. Direct access to the Carnarvon Highway offers effective transportation of the extracted materials while keeping heavy vehicle haulage on local roads to a minimum.

The development places minimal demand on water and sewage infrastructure. The site does not require reticulated water supply or sewerage, as these services are provided on site. Matters relating to the provision of other infrastructure needs can be appropriately addressed by way of conditions of development approval.

The proposed development is for an extractive industry, appropriately located in the Rural zone. Haulage from the site will occur directly along the Carnarvon Highway. Appropriate separation distances from sensitive receptors are provided. The closest sensitive receptors, two dwellings located to the east and south of the quarry operation are under the same ownership as the quarry itself.

(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 roles and identity of Injune as the main business and community centre of the shire is consolidated.

The proposed development will not compromise Injune as the main business and community centre.

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

The site is not mapped as containing Bushfire Hazard or any natural and other hazards.

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

The proposal is for a quarry in the Rural Zone will not affect the range of housing types in any 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 and contribute to the growth of the resource industry within the Maranoa Region. The quarry reflects the economic potential of the rural area.

(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. Future rural activities will not be jeopardized due to the small size of operations, the appropriate separate distances from adjoining land uses and the environmental control measures proposed.

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

The proposed development is for an extractive industry in a Rural Zone. The quarry is located a suitable distance from adjoining land uses and is appropriately buffered from sensitive receptors. Matters relating to the environmental integrity are addressed in the Site Based Management Plan and can be further addressed through conditions of development approval.

(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”

The site is not mapped as containing Good Quality 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 26.84 hectares contained within a larger 136 hectare site. The development achieves adequate separation from sensitive land uses and buildings and excavation activities associated with the use will be appropriately setback and buffered from site boundaries.

(f) maintains the rural amenity

Operations will be limited to a defined area within the site and appropriately separated from residences on adjoining properties.

(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

Access is provided from the Carnarvon Highway, and is required to be upgraded to accommodate the increased usage. Impacts on the local road network are to be mitigated (in part) by the conditions requiring a Network Access Charge against tonnage hauled from the site.

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

The site is not identified as containing any protected areas or sites of conservation value.

(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 Based Management Plan outlines environmental control measures to protect against land degradation. Additionally, maters relating to land degradation and protection of people can be appropriately addressed by way of conditions of approval.

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

Services proposed to be provided to the site will be appropriate for the use. Water supply will be supplemented by truck delivery when required. The Site Based Management Plan address stormwater collection and usage standards.

(m) does not impact adversely on infrastructure

Impacts on infrastructure are to be appropriately addressed by way of conditions of development approval. 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.

Electricity supply is provided on-site to a level suitable for the use.

PC 2 Water Supply

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

Water for the use is supplied from dams on site, and is supplemented by trucked water when required.

An application for a bore has been submitted to DNRM and, if approved, will add to the current water supplies.

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.

The site is provided with an on-site effluent disposal system.

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

Stormwater will be collected in a sedimentation basin on site to prevent contamination run-off into Bungil Creek

Matters relating to the collection and discharge of stormwater can be appropriately addressed by way of conditions of development approval .

PC 5 Vehicle Access

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

An existing access road will be upgraded as per DTMR design guidelines and conditions of development. A network access charge will be applicable for the use of Council maintained roads.

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.

Matters relating to parking and manoeuvring can be appropriately addressed by way of conditions of development approval

PC 7.1 Roads

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

All weather access to the site is provided directly via a SCR.

PC 7.2 Location

Development must be located where there is convenient access.

The site provides all weather vehicle access to the Carnarvon 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.

There is an existing access to the Carnarvon Highway and it is proposed to use this access for the increase in haulage truck movements.

The Department of Transport and Main Roads have assessed the development application in relation to impacts on road infrastructure, and have imposed conditions, including access upgrades.

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.

N/A – The subject site is not located in close proximity to any Refuse Tips and Effluent Treatment Plants.

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

N/A - The subject site is not located within close proximity to any rail corridor.

PC 12 Electricity Transmission Line

Easement – Vegetation

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

N/A-The subject site is not located within close proximity to any electricity transmission line easements.

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.

N/A-The subject site is not located within close proximity to any electricity transmission line easements.

2. Environment

PC 14 Watercourses

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

The quarry is setback 500m from the closest point of Bungil Creek.

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

Matters relating to flooding and the protection of people and property can be appropriately addressed through implementation of the SBMP and conditions of approval.

PC 16 Air Emissions

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

Matters relating to air emissions will be addressed by implementation of the SBMP and compliance with the EA for activity. Water will be sourced from the onsite sediment pond and water trucks for dust suppression.

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 conditions of development approval.

The management of noise emissions forms part of the EA for the activity administered by DEHP.

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 maintenance of water quality forms part of the Environmental Authority issued by the DEHP.

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.

Implementation of the Site Based Management Plan will ensure amenity, safety of users and minimum soil erosion.

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 are addressed in the conditions of development.

PC21 Seperation of Incompatible land uses

Separation distances are provided to ensure;

a) The future viability of surrounding uses

b) Infrastructure items are protected from incompatible development

c) An appropriate standard of amenity and public safety; and

d) Conflict arising from incompatible uses is minimized.

The Planning Scheme provides for a separation distance of 1,000m between extractive industry blasting and sensitive land uses.

The site contains two dwellings located approximately 250m and 500m from the quarry operation. The next closest sensitive land use is a dwelling located 1.9km to the south east.

The two closest dwellings are under the same ownership as the land which the quarry operates. Mitigation measures for impacts resulting from blasting are provided in the Site Based Management Plan and are further addressed by conditions of development approval.

PC22.1 Development in the Vicinity of airports:

Development in the Vicinity of airports:

a) Does not adversely affect the operation of the airport;

b) Is designed and located to achieve a suitable standard of amenity for the proposed activity; and

c) Does not restrict future operational demands of the airport

The site is located an appropriate distance from the nearest airport (Roma Airport) and will not prejudice the safety and operation of airport activities.

PC 22.2 Airport Protection

The development of premises does not cause an obstruction or other potential hazard to aircraft movement associated with the airport by way of:

- the physical intrusion of buildings or other structures into the Obstacle Limitation Surfaces;

- attracting birds and or bats to the area which could cause or contribute to bird strike hazard;

- providing very bright lighting or lighting similar to aerodrome lighting, which can distract or confuse aircraft pilots;

- interfering with navigation or communication facilities;

- emissions that may effect pilot visibility or aircraft operations; or

- transient intrusions into the airport’s operational space.

The site is located an appropriate distance from the nearest airport (Roma Airport) and will not cause obstruction or hazard to aircraft movement or airport.

PC 23 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.

The site is not mapped as containing Good Quality Agricultural Land.

PC 24 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

There is no proposal to clear vegetation as part of this application and the site is not identified as containing any significant vegetation.

Rehabilitation of the site will take place when quarrying is complete in accordance conditions of development approval.

PC 25 Protected Areas

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

The machinery workshop, storage areas and administration building are located within the prescribed minimum setback of 100m from a protected area. While this is the case, these activities are existing and will not compromise the integrity of the protected area.

PC 26 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

Implementation of the Site Based Management Plan will ensure landslip, erosion and land degradation is minimised and safety of persons and property is not compromised.

PC 27 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 not identified as being subject to bushfire hazard risk.

PC 28 Buildings of Significance

The architectural merit and precinct value of cultural heritage items listed in Schedule 10 is maintained.

N/A – The site is not located in proximity to any heritage items of architectural merit or precinct of value.

PC 29 Cultural Heritage

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

The site is not identified as being in proximity to a place of historical, cultural or social significance.

PC 30 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

The site is not located in close proximity to any character buildings.

PC 31 Residential Outbuildings

Rural amenity is to be maintained

The use does not include any residential outbuildings.

PC32 Buffers

Adequate buffers are provided to protect rural residential uses from agricultural, transport and industrial activities whilst also ensuring the integrity and viability of such uses.

The subject site is not located in close proximity to rural residential areas.

B. Specific Land Uses

PC 33 – Catteries and Kennels

Not Applicable to the development application.

PC 34-37 – Commercial Premises

Not Applicable to the development application.

PC 38-42 – Community and Recreation

Not Applicable to the development application.

PC 43-45 – Dwelling House

Not Applicable to the development application.

PC 46-49 - Forestry

Not Applicable to the development application.

PC 50-52 – Home Based Business

Not Applicable to the development application.

PC 53-56 – Host Home Accommodation

Not Applicable to the development application.

PC 57 – 62 Industry (Low/Medium)

Not Applicable – The proposed development is for Extractive Industry

PC 63Telecommunication Facility

Not Applicable to the development application.

PC 64-67 – Temporary Workers Accommodation

Not Applicable to the development application.

PC68-PC71 Tourist Facility

Not Applicable to the development application.

Assessment Summary

Although the planning scheme requires Impact Assessment for the proposed use, it is considered that there is no significant conflict with the intent of the Bungil Shire Planning Scheme. The development is appropriately located within the rural area, and any matters relating to environmental impacts, protection of amenity and infrastructure upgrading can be appropriately addressed by way of conditions of development approval, and through adherence to the conditions of the Environmental Authority issued by Department of Environment and Heritage Protection.

Maranoa Regional Council

General Meeting - 27 August 2014

Officer Report

Meeting: General 27 August 2014	Date: 18 August 2014
Item Number: 13.5	File Number: D14/60066

Subject Heading: Development Application - Material Change of Use - "Extractive Industry" (up to 100,000 tonne per annum) File: 2014/18848

Classification: Open Access

Name of Applicant: Southern Gravel C/- ADAMS + SPARKES

Location: Pei Road, Jackson QLD 4426 (Lots 62, 63 & 64 on BWR411 & Lot 12 on BWR775)

Author & Officer’s Title: Christopher Tickner, Town Planner

Executive Summary: The application seeks approval for a Material Change of Use - "Extractive Industry” (up to 100,000 tonnes per annum) on land at Pei Road, Jackson QLD 4426 184 (Lots 61, 62, 63 on BWR411 & Lot 12 on BWR775)

The application is subject to Impact Assessment against the relevant provisions of Bendemere Shire Planning Scheme 2006. Public notification was carried out between 10 June 2014 and 1 July 2014 and no submissions were received.

The application is generally consistent with the provisions of the Bendemere Shire Planning Scheme 2006 including the Desired Environmental Outcomes and Rural Zone code.

Officer’s Recommendation: The application for Material Change of Use - "Extractive Industry”, on land at Pei Road, Jackson QLD 4426 (Lots 61, 62, 63 on BWR411 & Lot 12 on BWR775), be approved subject to the following conditions:

Preamble

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

(ii) 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.

The related Environmental Authorities are:

a) 2(a) extracting, other than by dredging in a year, more than 5,000t but no more than 100,000t; and

b) 3(a) screening, in a year, more than 5,000t but no more than 100,000t.

(iv) 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.

(vi) Building construction is to accord with the Building Code of Australia, Queensland Development Code and State Planning Guidelines for building in bushfire prone areas.

Use

1) The approved development is a Material Change of Use - "Extractive Industry” and related Environmentally Relevant Activities 16(2)(a) and 16(3)(a) – Extractive and Screening Activities, as shown on the approved plans.

a) The approved extraction tonnage is capped at 100,000 tonnes per annum.

b) This approval is current for 5 years commencing from the date of approval

2) The period of the currency of this approval may be extended to 20 years by an infrastructure agreement which allows the Council, the extractive industry operator and the approval holder to address the possible variations to the impacts on Council’s road infrastructure over an extended period.

Timing

3) 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.

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

Approved Plans and Documents

5) Maintain the approved development, in accordance with the following approved plans, subject to and as modified by any conditions of this approval:

Drawing PO1 Rev A

Overall Concept Plan

Prepared by Barlow Shelley Consulting Engineers dated 22/08/13

Drawing Plan 1

Locality Plan

Prepared by Karen Grey dated 11/13

Document – Site Based Management Plan

Pei Road, Jackson Qld 4426

Prepared by Karen Gray dated 11/13

Document - Traffic Engineer Report

Project: 13490 Prepared by RoadPro dated 05/14

Documents – Capricorn Municipal Development Guidelines

while all of the Capricorn Municipal Development Guidelines apply to the approval the following guidelines have direct application:

D1 Geometric Road Design dated 03/2012

D2 Pavement Design dated 03/2012

D5 Stormwater Drainage Design dated 03/2012

D6 Site Regrading dated 03/2012

D7 Erosion Control and Stormwater Management dated 03/2012

6) All works must comply with:

a) the development approval conditions;

b) any relevant provisions in the Planning Scheme;

c) Council’s standard designs for such work where such designs exist;

d) the Capricorn Municipal Development Guidelines;

e) any relevant Australian Standard that applies to that type of work; and

f) 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 Authorities

7) This approval relies on the Environmental Authority (and its related documents) applicable to the site to provide the basis for managing the environmental impacts of the Environmentally Relevant Activities for the site where those Environmentally Relevant Activities have not been devolved to the Council.

8) This approval relies on the entity responsible for approving and managing the Environmental Authority to meet its responsibilities. The Council will not take any responsibility for the management of environmental impacts covered by the Environmental Authority unless and until that entity (or its legal successors) is unable to act.

9) The standards and approval of civil works and services and aspects of environmental management not covered by the Environmental Authority are the responsibility of the Council, but subject to the environmental impact management requirements that may be imposed by the Environmental Authority (or any approval that effectively replaces that Environmental Authority).

10) Where there is a conflict between the conditions and standards set by an Environmental Authority for the site and the conditions and standards set by the Development Permit, those set in the Environmental Authority shall prevail in those matters covered by the Environmental Authority.

Operating Hours

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

12) The quarry operator may apply to Council to vary the hours of operation for a particular project where the extended operating hours are necessary in the opinion of the Council having considered the requirements and community benefits of the particular project and the duration of the additional impacts upon the local community.

13) 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

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

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

16) 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

17) 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.

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

19) 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.

20) Lighting of the site, including any temporary or 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

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

Erosion Control

22) Erosion and Sediment Control is to be managed in accordance with:

a) Site Based Management Plan (Pei Road Jackson (Lots 62 to 64 on BWR411 and Lot 12 on BWR775 ), Section 3.3.3 Water Management ; and

b) Capricorn Municipal Development Guidelines D7 ‘Erosion Control and Stormwater Management’.

23) 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

24) At all times during the operation on site effluent is to be disposed of in accordance with Queensland Plumbing and Wastewater Code 2013 and AS1547.2012 (On-site domestic wastewater management). A development permit for plumbing and drainage works shall be sought from Council for any onsite sewerage system provided to the development.

25) 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 and also a potable water supply sufficient to meet the needs of staff and visitors to the site.

26) Any supply of potable water to the site, and disposal of effluent from the site is to be performed by a suitably licenced contractor.

Stormwater and Drainage

27) Stormwater is to be managed in accordance with:

a) Site Based Management Plan (Pei Road Jackson (Lots 62 to 64 on BWR411 and Lot 12 on BWR775 ), Section 3.3.3 Water Management and;

b) Capricorn Municipal Development Guidelines D5 ‘Stormwater Drainage Design’.

28) Discharge of stormwater runoff from the development shall drain freely in all cases, and no nuisance of ponding will be created within the vicinity of the development.

29) There shall be no increases in any silt loads or contaminants in any overland flow from the site being developed, or into creeks or roadways, either during

the development process or after the development has been completed.

Access, Car parking and Manoeuvring

Note that the Department of State Development, Infrastructure and Planning have attached conditions to this approval concerning Access to the State-controlled road network.

30) 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.

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

32) Unsealed internal roads are to be watered upon receipt of any complaint regarding dust nuisance caused by vehicle movements within the site.

33) The size of heavy vehicles associated with the proposed development shall not exceed Class 10-34t capacity “truck and dog.”

Roadwork

34) Cemetery Road is to be upgraded to an all weather gravel road with a formation width of 8.0 metres and pavement width of 4.0m in accordance with CMDG Table D1.21.03 (10-39 VPD).

35) A Give Way sign (R1-2B) is to be installed at the Cemetery Road – Pei Road intersection at the gravel road approach on Cemetery Road to advise motorists of priority.

36) The sealed section of Edward Street is to be widened to provide two (2) lanes of 3.5m lanes and two (2) 1m shoulders in accordance with CMDG Table D1.21.03 (40-99 VPD).

37) A Give Way sign (R1-2B) and associated line markings are installed at the intersection of Pei Road and Edward Street in accordance with Part 2/2.5 of the MUTCD to advise motorist of priority.

38) Anne Street between Edward Street and Railway Street is to be widened to provide two (2) lanes of 3,5m lanes and two (2) 1m shoulders in accordance with CMDG Table D1.21.03 (40-99 VPD).

An operational works application for roadworks is to be submitted and approved by Council before construction of these roads and associated drainage.

39) Road Edge Guide Posts are to be installed at regular spacings along straight alignments on Pei Road with spacings reduced through horizontal and

vertical curves to ensure at least two pairs of guide posts are visible to approaching motorists at any time.

Environmental Management

Note that the Department of Environment and Heritage Protection have attached conditions to this approval concerning Buffer Zones.

40) All activities while the use continues are to be managed in accordance with:

a) the Site Based Management Plan (Pei Road Jackson (Lots 62 to 64 on BWR411 and Lot 12 on BWR775 ) prepared by Karen Gray and;

b) all relevant sections of the Capricorn Municipal Development Guidelines.

41) Remediation of the site is to occur in consultation with the landowner, and is to be managed in accordance with:

b) the Rehabilitation Plan, Section 4 of the Site Based Management Plan (Pei Road Jackson (Lots 62 to 64 on BWR411 and Lot 12 on BWR775 ) prepared by Karen Gray.

42) If the environmental approval issued by a State agency (Department of Environment and Heritage Protection or its successor) 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 most recent environmental approval will be the applicable standards.

Fees, Infrastructure Charges and Impact Contributions

43) 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. This condition and the conditions in Local Roads Additional Impacts Charges Schedule A

are based on division 2 of chapter 8, more specifically sections 650 and 651 and linked sections, of the Sustainable Planning Act 2009.

44) All matters contained within this development approval may be covered by infrastructure agreements or deeds of agreement between the relevant parties for each matter.

45) 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

46) 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.

47) 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

48) 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 or other) 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).

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

No Cost to Council

50) 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.

51) 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

52) 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

53) 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’.

Charges Schedule A - Local Roads Additional Impacts

54) These conditions are 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.

55) 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 approved 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 3-year moving average annual percentage increase in the PPI index for the period of 3 years ending at the start of the financial year.

56) 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.

57) 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.

58) 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.

59) 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.

60) 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.

61) The extractive industry operator or the approval holder(s) may undertake roadworks in lieu of paying a local roads additional impacts charge. The roadworks must be of the same value as the local roads additional impacts charge. The value of roadworks will be determined by Council or by an independent RPEQ standard engineer agreed to by the Council. The roadworks must be roadworks included the Council current roadworks program and within a 50 kilometre radius of the extractive industry site on roads that may be used by the operator. The carrying out of roadworks must comply with CMDG guidelines and other requirements which normally apply to works carried out on Council roads by contractors, including warranties for the works performed. The onus is on the entity intending to perform the roadworks to gain all necessary approvals for the roadworks. The roadworks must be completed within 3 months after the local roads additional impacts charge was due to be paid or within a period agreed in writing with the Council.

62) The charges or roadworks or other relevant matters 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 Attachment 1.

Consultation (internal/external):

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

- Warren Oxnam, Specialist Compliance (Internal)

- Ruth Golden, Specialist Development Engineer (Internal)

- Danielle Pearn, Manager Planning & Building Development (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.

5 Year Operating Period

Environmental Management

Local Roads

The current geometry of the proposed haulage route from the site is not fit to cater for the additional traffic volumes and types associated with the quarry use. Conditions of the development require substantial roadworks within the Jackson township to achieve a standard appropriate for the use and maintain the safety of road users. Council officers sought to identify an alternative route to and from the site given the scope of works required for the scale of the activity, however the presence of only a single railway crossing allowing access to the Warrego Highway forces the use of local roads that are not of a standard adequate to cater for the activity. The economic viability of the proposal will ultimately be a decision of the developer.

Financial Resource Implications:

Local Road Impacts

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.

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	Body of Report	D14/60074
2	Development Plans	D14/60173
3	Department of State Development, Infrastructure & Planning - Concurrence Agency Response	D14/51684
4	Department of Environment and Heritage Protection - Environmental Authority Permit	D14/60673

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” to extract between 5,000 – 100,000 tonnes per annum of hard rock quarry material at “Bon Accord”, Pei Road, Jackson (described as Lots 62, 63 and 64 on BWR775 and Lot 12 on BWR775).

Details of Proposed Development

The applicant (Southern Gravel) proposes to establish a quarry with an annual production of up to 100,000 tonnes. On-site operations will include material extraction, crushing, screening, stockpiling and distribution.

The proposed development constitutes an “Environmentally Relevant Activity’ under the Environmental Protection Act 1994, however the proposed maximum production of 100,000 tonnes per annum does not constitute a “concurrence ERA” under the Sustainable Planning Regulation 2009. An application for the relevant ERA will be assessed separately by the Department of Environment and Heritage Protection.

The application has been considered by the Department of Transport and Main Roads (DTMR). The DTMR have forwarded conditions to be imposed as part of any development approval.

Strip mining will be the primary method of material extraction. Minimal site infrastructure is proposed, with only minor maintenance activities undertaken on site. The development will consist of three extraction pits for gravel and two sand pits, mobile screening machinery, stockpiling areas, a weighbridge gravel access roads and a control basin.

Electricity and telecommunications will be supplied to the site via Ergon’s electricity system. The proposed development will include a bore and ancillary water pipes, and will be required to provide sufficient water for the operation (the bore application forms part of a separate application).

When operating, it is expected that the development will employ approximately 5 people. Regular operating hours will be 6am to 6pm Monday to Saturday, with no work being carried out on Sundays.

Figure 1 –Site Locality/Zoning (Source: Adams and Sparkes planning report, Dec 13)

Figure 2 – Aerial Map (Source: Google Earth )

Characteristics of the Site

The subject site is located adjacent to Pei Road, Jackson, approximately 5 kilometres south of the Jackson Township. Site access is provided on the north frontage of Pei Road. The site is zoned Rural. Reticulated water and sewerage are not available.

The site is mapped as containing Areas of Good Quality Agricultural Land under the Bendemere Shire Council Planning Scheme 2006. The property is also mapped as containing a small portion of Remnant Vegetation along the western site boundary. No vegetation clearing is proposed as part of the development.

The site contains an existing dwelling and associated outbuildings. These buildings will be retained and will continue to be used by the owner of the land. The surrounding land use is predominantly agricultural, with the adjoining land being made up of large rural agricultural allotments used for cropping and associated rural residences. There is an existing quarry located east of the subject site. Surrounding land uses include;

East; existing quarry, cropping land with dwelling (dwelling located approximately 880m from the subject site);

South; cropping land;

West; cropping land with dwelling (dwelling located approximately 1445m from the subject site);

North; cropping land and dwelling ( dwelling located approximately 1660m from the subject site).

Transport and Haulage

Site access will be gained directly from the existing access located on the north frontage of Pei Road. Internal access/haul roads will be of an all-weather gravel construction.

The haulage route from the site will be; north along Pei Road then past the cemetery turning left into Edward Street, then right toward the intersection with Warrego Highway. Haulage movements at the intersection of the Warrego Highway are expected to split 60% to the east towards Miles and 40% to the west towards Roma.

The application has been referred to Department of Transport and Main Roads (via the State Assessment and Referral Agency). DTMR have attached several conditions to be imposed as part of any development approval, including that Railway Street be widened to provide two (2) 3.5m lanes and two (2) 1m shoulders across the railway level crossing and continuing to the Warrego Highway intersection. Existing faded Railway signage is to be replaced, and RX-9 crossing width markers are to be installed at the railway crossing, in line with the latest version of the DTMR Road Planning and Design Manual.

Infrastructure Connections

The development site does not have reticulated water or sewerage networks available. As a result, 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

No submissions were received during this period.

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 Environmental Regulation defines the proposed activity as:

“Environmentally Relevant Activity 16 – Extractive and Screening Activities”, threshold:

- 2(a) extracting, other than by dredging, in a year, more than 5,000t but no more then 100,000t; and

- 3(a) screening, in a year, more than 5,000t but no more than 100,000t.

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

(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.

The proposed development will not have a negative impact on any areas of high scenic amenity, remnant vegetation, wetlands, fauna habitats and wildlife corridors or regionally significant open space. The Site Based Management Plan incorporates control measures to mitigate against possible environmental impacts.

(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.

The site is not susceptible to land degradation as extraction will comply with the standards outlined in the quarry’s management plans as well as through appropriate conditions of development approval.

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

Ecological sustainability will be achieved through the implementation of the Site Based Management Plan and through conditions of development approval.

(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.

(b) Economic

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

The site is mapped as containing GQAL. The operation will occur over only portion of the property and will not jeopardise the balance of the land being used for agricultural purposes.

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

This application is for extractive industry, suitably located in the Rural Zone.

(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.

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

The haulage route from the site will be to the north along Pei Road then past the cemetery turning left into Edward Street, through Jackson Township then right toward the intersection with Warrego Highway. Truck movements through the Jackson Township will be minimal and upgrades to Edward Street have been conditioned as part of development approval. Matters related to infrastructure provision can be addressed by way of conditions of development approval.

(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 Township to preserve the living environment within the town. The operation is adequately buffered from surrounding land uses so as to not determinately impact the rural amenity of the area. Vehicle movements through the Town will be limited by the capacity of the quarry to a maximum of 10 trips per day. Conditions of approval will restrict the size of trucks associated with the operation.

The role and identity of Yuleba and Wallumbilla townships as the main business and community centres will not be compromised as a result of the development.

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 development site ios not identified within a Bushfire Hazard area. Matters relating to bushfire management and adverse effects from natural and other hazards are adequately addressed in the Site Based Management Plan and will further mitigated through the use of appropriate conditions 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

(a) reflects the economic potential of the rural area

The proposed development utilizes a natural resource to develop the economic potential and contribute to the growth of the resource industry within 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. Future rural activities will not be jeopardized due to the small size of operations on the large site.

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

The proposed development is for an extractive industry in a Rural Zone. Matters relating to environment impacts are addressed in the Site Based Management Plan and are further addressed through conditions of approval.

GQAL has been identified on the site. The balance of the property not used for the quarry will continue to be used for agricultural purposes. The site will be remediated when the quarry operations cease.

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

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. Furthermore, the Site Based Management Plan includes a Rehabilitation Management Plan and the land will be returned to its rural form once extraction is complete.

(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 and will not affect the rural amenity.

(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 access is existing and will be upgraded to accommodate the haul truck usage. Conditions of development approval will require upgrades to the haulage route to ensure that the development does not negatively impact the road network.

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

There is no evidence on the site of any indigenous cultural heritage. Some remanent vegetation is contained on site but will not be cleared as a result of the development. The site will be rehabilitated once extraction is complete.

(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

Matters relating to bushfire management are contained in the Site Based Management Plan and will be appropriately addressed through conditions of development approval. The quarry will be designed to minimise the need for flood and land slide mitigation and to protect people and premises from such natural events.

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

Services proposed to be provided to the site will be appropriate for the use. Water will be supplied by an on-site bore (bore application being considered as part of a separate application). Control measures outlined in the Site Based Management Plan will address stormwater collection and usage standards.

(m) does not impact adversely on infrastructure

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 development will be connected to reticulated electricity.

PC 2 Water Supply

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

It is proposed that the development will have access to bore water (being considered as a spate application), which will provide adequate water for the activity.

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.

On site effluent disposal will be a condition of development approval.

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

Stormwater will diverted from all disturbed areas into sediment basins located at each excavation site.

PC 5 Vehicle Access

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

Vehicle access will be via the existing access from Pei Road. The existing access is unsealed but will be suitable for the number and type of vehicles entering the site.

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.

All-weather access roads will be provided on site.

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.

No direct access is provided to a State Controlled Road.

The development is not a noise sensitive development.

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.

Buildings will not be 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.

The subject site is not located in close proximity to any Refuse Tips and Effluent Treatment Plants.

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 not located in close proximity to a rail corridor.

PC 12 Electricity Transmission Line

Easement – Vegetation

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

No development will occur within an electricity easement.

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.

There are no electricity easements over the subject site.

2. Environment

PC 14 Watercourses

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

The Site Based 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.

A 10m setback of is provided between the operation and Little Tchanning Creek, the closest watercourse on site.

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 development is designed so as to not have an negative impact of the extent and magnitude of flooding.

PC 16 Air Emissions

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

Water will be stored on site to ensure that dust emissions are kept low.

Adequate setbacks are provided to mitigate nuisance to adjoining properties.

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 Site Based Management Plan and by way of conditions of development.

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.

All surface water runoff from the quarry will be directed towards sediment control basins, which will be located outside of gullies and waterways.

Matters relating to stormwater runoff can be addressed by conditions of development approval.

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.

Implementation of the Site Based Management Plan will ensure amenity, safety of users and minimum soil erosion.

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 are addressed in the conditions of development.

PC 21 Good Quality Agricultural Land

The quantity of good quality agricultural land in the Jackson area will not be significantly changed by the development.

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

There is no proposal to clear vegetation as part of this application. Rehabilitation of disturbed areas on site will take place when quarrying is complete.

PC 23 Protected Areas

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

There is no proposal to clear vegetation as part of this application. Rehabilitation will take place when quarrying is complete.

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

Development is not proposed on slopes that 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 not mapped as being in a bushfire hazard area.

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.

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.

The site is not identified as being in proximity to a place of historical, cultural or social significance.

B. Specific Land Uses

PC 28 – Catteries and Kennels

Not Applicable to the development application.

PC 29-32 – Commercial Premises

Not Applicable to the development application.

PC 33-37 – Community and Recreation

Not Applicable to the development application.

PC 38-41 – Dwelling House

Not Applicable to the development application.

PC 42-44 - Forestry

Not Applicable to the development application.

PC 46-48 – Home Based Business

Not Applicable to the development application.

PC 49-52 – Host Home Accommodation

Not Applicable to the development application.

PC 53-57 – Industry (Low/Medium)

Not Applicable – The proposed development is for Extractive Industry

PC 58 – Telecommunication Facility

Not Applicable to the development application.

PC 63-65 – Tourist Facility

Not Applicable to the development application.

Submissions

No Submissions were made against this application.

Assessment Summary

Although the planning scheme requires Impact Assessment for the proposed use, there is no conflict with the intent of the Bendemere Shire Planning Scheme. The development is appropriately located within the rural area, and any matters relating to environmental impacts, protection of amenity and infrastructure upgrading can be appropriately addressed by way of conditions of development and through the Environmentally Authority licensed by Department of Environment and Heritage Protection.

Attachment 1

Body of Report

Background Information

Proposed Land Use

The application seeks a Development Permit for a Material Change of Use to extend the existing retirement village at 50-56 Bowen Street, Roma (described as Lot 6 and 7 on SP222875).

Details of Proposed Development

The application proposes to extend the existing Pinaroo Retirement Village to provide an additional 20 accommodation rooms. At present, the facility consists of a 50-bed aged care facility and 9 Independent Living Units (ILU). The proposed extension relates to the 50-bed aged care portion of the facility.

The extension consists of an 8.5m high, two-storey, L-shaped building that would connect the north-eastern wing and south eastern-wing of the existing 50 bed aged care facility. The extension would contain 20 accommodation rooms, communal lounge and service rooms at ground floor level and parking, maintenance and staff facilities at basement level. The proposed works would increase the Gross Floor Area (GFA) of the existing 3,366sqm facility by 953.5sqm, bringing the total GFA of the aged care facility to 4,967.5sqm. The increase in GFA would result in total site coverage of 36.3%.

It is expected that the extension would be constructed over 2 stages. The initial phase would include construction of 11 accommodation rooms, communal lounge, utility room, cleaners’ room, store room and egress stairs. The second phase would include construction of the remaining 9 accommodation rooms.

Vehicle access to the site would be provided via the two existing crossovers from Bowen Street. Twenty-four (24) on-site parking spaces are currently provided for the aged care facility and an additional nine (9) parking spaces are proposed as part of the extension.

Figure 1 Site Locality (Google Earth)

Figure 2 Zoning Map (Source; Roma Planning Scheme)

Characteristics of the site

The subject site is located at the intersection of Bowen Street and Duke Street, approximately 750 metres from the Roma Central Business District (CBD). Site access is provided via two existing crossovers on Bowen Street. The site is zoned Residential, and is fully serviced by reticulated water, sewage and electricity.

The site contains a 50 bed aged care facility and 9 Independent Living Units (ILU), known collectively as the Pinaroo Retirement Village. Adjoining land uses include;

· North: Independent Living Units;

· East: Residential dwellings;

· South: School Oval;

· West: water reservoir site

Design and Use of the proposed extension

The proposed extension includes an additional twenty (20) rooms and two communal lounge areas. Each accommodation room is semi-self contained, providing a bed, small sitting area and ensuite. The rooms are designed and share the same general layout as the rooms contained within the existing facility.

The two communal lounges are located for easy access from all rooms. One lounge provides a large sitting area and walk out balcony, while the other serves as a connection between the proposed extensions and the existing facility. The existing lawn and garden areas will be easily accessible and can be viewed from each of the proposed rooms and the communal lounges.

The overall design and construction materials used in the extension will reflect those used in the existing facility and will not encroach on minimum setbacks or exceed maximum building heights or site coverage.

Infrastructure Charges

Infrastructure Charges will be charged at a rate of $15,000 per room in line with Councils adopted Infrastructure Plan (Accommodation (long term) retirement facility). The total infrastructure charges will be $300,000 (20 rooms x $15,000 per room).

Definition of Accommodation Units

The Roma Town Council Planning Scheme defines Accommodation Units.

"Accommodation Units" means any premises comprising an intergraded development of dwelling units and/or rooming units. The term includes multiple dwelling units, retirement villages and apartment houses.

Public Notification

Public notification was carried out from June 6th, 2014 to July 3^rd, 2014. No properly made submissions were received during this period.

Assessment against the Planning Scheme

The Desired Environmental Outcomes (DEOs) are based on ecological sustainability established by Sustainable Planning Act 2009, and are the basis for the measures of the planning scheme. The DEOs are examined below:

Environment

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

The property is located within an established urban area and is not in close proximity to any environmentally significant area. The proposed extension would not negatively impact any environmentally significant area.

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

The site is not identified as being susceptible to land degradation, contamination, erosion, salinity and landslip.

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

The extension will not have a detrimental impact on biodiversity, water or air quality. Matters related to ecological sustainability can be addressed by way of conditions of development.

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

The subject site is not located in close proximity to, or in a place of, historical, cultural or social significance.

Economic

a) Business and commercial development shall be located within the Commercial Zone to promote and strengthen the existing Central Business District.

The proposed extension does not involve business and commercial development that will have a negative impact on the Central Business District.

b) The Central Business District (CBD) or inner core of the commercial Zone is intended to contain the more intensive commercial uses. Environmental facilities and tourist accommodation will also be favored within and adjacent to the CBD to provide central focus of activity and promote vitality after office hours.

The proposed extension is located in an established residential area. It will not detract from, or compromise, the CBD.

c) Beautification and improved parking facilities will enhance the efficiency, attractions and vitality of the Town CBD

The proposed extension is located in an established residential area and will not compromise the beautification, efficiency, attractions and vitality of the Town CBD.

d) Tourism will be promoted with significant economic and social benefits to the town as a regional center with close association with the oil and gas industry and the proximity to the Carnarvon National Park.

The proposed extension is located in an established residential area and will not compromise the promotion of tourism.

e) 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 extension would increase the number of accommodation rooms in an existing, and well established, retirement village. The retirement village is appropriately located to service the community and the region.

Community Well-Being & Lifestyle

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 site is located in a well established residential neighborhood with convenient access to infrastructure including roads, walkways, water and sewage.

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

The proposed extension provides adequate setbacks and will not encroach on, adversely affect or limit any infrastructure network.

c) 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 Town Area.

The proposed extension continues a well established residential use in a well established residential neighbourhood. The proposal is consistent with the established character of the area and the provisions set out in the Planning Scheme for residential development.

d) The adverse effects from natural and other hazards, including bushfires are maintained.

The subject site is located within the Urban Area and is not identified as being subject to natural or other hazards.

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

The proposed extension would increase the number and range and options of housing types (accommodation units) available in the Town to meet the needs of the community.

Overall Outcomes for Urban Area Code

The Urban Area Zone Code identifies overall outcomes providing direction about relevant assessment issues.

1) The overall outcomes are the purpose of the Urban Area Code:

2) The overall outcomes sought for the Urban Area are the following:

(a) Roma is the focus for a range of business, industry, tourist, community and recreational activity in the local government area;

The proposal expands an existing residential use in an established residential neighbourhood. The proposal will not comprise the range of business, industry, tourist, community and recreational activity in Roma.

(b) Business and commercial development is located primarily in the CBD to provide central and accessible services to the local government area.

The proposal does not involve business and commercial development and will not compromise commercial development in the CBD.

(c) The residential and heritage character and amenity of the Urban Area is retained.

Appropriate setbacks, lot coverage, and construction materials have been proposed to ensure residential amenity of the Urban Area is maintained.

(d) Safe and convenient access for pedestrians and cyclists is maintained and enhances;

The proposed extension is set well back from the road and will not encroach or impede convenient access for pedestrians and cyclists.

(e) Residential (including Rural Residential) development occurs where there is no adverse impact on Good Quality Agricultural Land.

The site is not located in, or in close proximity to, Good Quality Agricultural Land.

(f) Residential development is buffered from the existing and proposed road and rail corridors to minimize any detrimental impact.

The proposed extension provides adequate setbacks to minimize any detrimental impacts to road and rail corridors.

(g) Residential development accommodates a range of housing types and allotment sizes, and provides a safe and pleasant living environment, with adequate access to community services and is located in the residential preferred areas shown on the Urban Area Maps in the appendices;

The proposed extension expands an existing residential use in a residential neighborhood. It will increase the number and range of housing types available in the Town and provides for a safe and pleasant living environment for its residents without negatively impacting adjoining land uses. The site is located in close proximity to the CBD, and has adequate access to community services.

(h) The expansion of residential development occurs in areas where it is most cost effective to supply physical infrastructure, such as water, sewerage, roads and electricity.

The subject site is well serviced by physical infrastructure, including water, sewerage, roads and electricity.

(i) Efficient and equitable access to social infrastructure, such as schools, neighborhood shopping, community services, public transport services, and parks are provided in residential areas;

The proposal extends an established residential use in a residential neighbourhood. The site provides efficient and equitable access to social infrastructure, including shopping, community services and parks.

(j) Industrial development is located in the Industrial Zone of the town (see maps in appendices)

The proposed extension does not constitute “industrial development”.

(k) Impacts of industrial uses are required to be within acceptable limits and uses are undertaken in sustainable manner consistent with the amenity and character of the area concerned;

The proposed extension does not constitute “industrial development.”

(l) Small scale business, community and emergency services are provided for the needs of the local community

The extension increase the number of accommodation rooms available to the community in direct response to the needs of the local community.

(m) All Areas other than Commercial Zone are protected from shopping center and other forms of commercial development.

The proposed extension is not considered “shopping center” or “commercial” development.

Urban Zone Code

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

Relevant performance criteria - the Town Code

Assessment responses

For all of the Rural Zone

1. Infrastructure

PC1 Electricity

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

The proposed development is located in an established urban area with access to electrical infrastructure.

PC2 Water Supply

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

The premises are located in an established residential neighborhood with access to Councils reticulated water system.

PC3 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.

The premises are located in an established residential neighbourhood with access to reticulated sewerage infrastructure.

PC4 Stormwater/Inter-allotment Drainage

Stormwater is collected and discharged so as to:

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

b) prevent the waterlogging of nearby land; and

c) protect and maintain environmental values.

A condition of development approval is that a Stormwater Management Plan be submitted in the form of an operational works application for approval prior to any construction taking place.

PC5 Vehicle Access

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

The proposed development will utilize existing vehicle access that is considered appropriate for the use.

PC7 Parking and maneuvering

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

A total of 33 vehicle parking spaces are proposed on site which meets the minimum requirements outlined in the Planning Scheme

(required spaces 0.25 spaces x 70 beds = 18)

PC 8 Roads

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

The site will continue to utilize existing and established road access.

PC9 State Controlled Roads

State Controlled Roads are maintained and enhanced as a link between major centers.

The proposed extension will not have a negative impact on any State Controlled Roads.

PC10 Development Adjacent to 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.

The proposed extension is not adjacent to a State controlled road.

PC11 Noise Sensitive Development

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

The proposed development is located within a residential area and is consistent with the existing long tem use of the site. The development will not be adversely impacted by road traffic noise levels.

PC12 Development in the Vicinity of the Aerodrome

Development

a) does not adversely affect the operation of the aerodrome;

b) is designed and located to achieve a suitable standard of amenity for the proposed activity; and

c) does not restrict the future operational demands of the aerodrome.

Not applicable - The proposed extension is not in the vicinity of the Aerodrome.

PC 13 Development in the Vicinity of Aerodrome

The development of premises does not cause an obstruction or other potential hazard to aircraft movement associated with the aerodrome by way of;

a) the physical intrusion of buildings or other structures into the Obstacle Limitation Surface;

b) attracting birds or bats to the area which could cause or contribute to bid strike hazard;

c) providing very bright lighting or lighting similar to aerodrome lighting which can distract of confuse pilots;

d) interfering with navigation or communication facilities

e) emissions that may affect pilot visibility or aircraft operations; or

f) transient intrusions into the aerodromes operational space

Not applicable - The proposed extension is not in the vicinity of the Aerodrome.

PC14 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.

The location of all proposed buildings and structures is appropriately separated from gas and oil pipelines.

PC15 Refuse Tips and Effluent Treatment Plants

Premises are located at an appropriate distance from refuse tips and effluent treatment plants to ensure community safety and operation of the uses are not compromised.

Not applicable - The subject property is not located within close proximity to a refuse tip or effluent treatment plants.

PC16 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.

Not applicable - The proposed extensions is not located within close proximity to a rail corridor.

PC17 Noise Attenuation

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

Not applicable - The subject property does not adjoin a rail corridor.

2. Environment

PC18 Watercourses

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

Not applicable - The subject property is not located within close proximity of a watercourse.

PC 19 Protected Areas

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

Not applicable – the site is not located within a protected area.

PC20 Flooding

Premises are designed and located so as;

(a) not to be adversely impacted on by flooding;

(b) to protect life and property; and

The subject site is located outside the 1 in 100 year flooding event.

PC21 Air Emissions

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

The extension will not compromise air quality or cause environmental harm or nuisance to adjoining properties or sensitive land uses.

PC22 Noise Emissions

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

The increase in noise emissions as a result of the extension are considered insignificant.

PC 23 Water Quality

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

a) the biological integrity of aquatic ecosystems;

b) recreational use

c) supply as drinking water after minimal treatment

d) agricultural use; or industrial use; and

e) Minimizes nuisance or harm adjoining land owners.

Matters relating to effluent and/or storm water runoff from premises can be addressed by way of conditions of development.

PC24 Excavation and Filling

Excavation and filling or 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

Not applicable – the proposal does not involve excavation or filling.

PC25 Construction Activities

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

Matters relating to erosion and silt collection can be appropriately addressed by way of conditions of development approval.

PC26 Bushfire Hazard Area

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 maximized 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 structure and hazardous vegetation.

The subject property is not located within a Bushfire Hazard area.

PC27 Character Buildings

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

Not applicable - The property is not adjacent to buildings identified as being of heritage significance.

PC27 Cultural Heritage

The significance of known places of indigenous cultural heritage value are retained.

Not applicable – the site is not located in, or close to, an area of known cultural heritage value.

B. For the Residential Zone

a. Residential Development – Dwelling House, Dual occupancy and Accommodation Units

PC 29 Height

The height of residential buildings is compatible with and complementary to the character of the urban environment.

The extension does not exceed 8.5m in height in accordance with the planning scheme.

PC 30 Site Coverage and Setbacks

(a) Residential building design and siting maintains the character of the locality in terms of building bulk

(b) Residential buildings are located to ensure the local amenity and streetscape are protected and enhanced.

The proposed extension would increase site coverage to 36.3% which is less the maximum 40% prescribed in the Planning Scheme.

The proposed extension would not encroach on a 7m setback from the road frontage.

PC31 Residential amenity For Dual Occupancies and Accommodation Units

Occupancies and Accommodation Units;

The location and design of dual occupancies provides for adequate privacy, sunlight, ventilation and open space.

Each accommodation unit has a window that overlooks a landscaped garden.

Open space is provided and easily accessible form each room.

PC32 Landscaping For Dual Occupancies and Accommodation Units;

Landscaping on the site should be;

a) Visually pleasing and create an attractive environment.

b) Located to take account of the direction of the breezes and sun; and

c) Located to give privacy and buffering from any potential incompatible uses.

d) Located to avoid interference with electricity lines and infrastructure.

Adequate levels of landscaping are proposed and established on site. The extension is designed to take advantage of breezes and sun. Appropriate setbacks buffer habitable windows from adjoining land uses and provide for appropriate levels of privacy.

Assessment Summary

Although the proposed development requires impact assessment, the proposal does not conflict with the intent of the Residential Zone. The development is consistent with the scale and character of the residential development in the Town area and will contribute to the range of housing available within the community.

Meeting: General 27 August 2014	Date: 21 August 2014
Item Number: 10.1	File Number: D14/60947

Meeting: General 27 August 2014	Date: 5 August 2014
Item Number: 11.1	File Number: D14/56312

1	Confirmed Minutes - Airport Advisory Committee - 02.07.14	d14/60348
2	Roma Saleyards Advisory Committee Meeting - Confirmed Minutes - 26/06/14	d14/55962
3	Wild Dog Advisory Committee Meeting - 12/05/14	d14/60354
4	Confirmed Minutes - Bassett Park Advisory Committee Meeting - 11/06/14	d14/60886

Date	Item	Description	Comments	Action by	When
Various	Item 2	Confirmation of Minutes and Business Arising	Installation of VASI lights at Roma Airport	Ben Jones	Ongoing
Various	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	Complete
04/06/14	Item 4	Airport Redevelopment	Written update on redevelopment provided to Committee	Ben Jones	02/07/14
	Item 5	FIDS Screens	Update to be sent to Cr Denton upon completion	Ben Jones	6/8/14
	Item 5	Tourism Information	IT Dept to be contacted to ascertain what format is required for streaming of tourism info	Ben Jones	Ongoing
02/07/14	Item 5	ERSA Update	Confirmation of wording and entry into the ERSA manual to include the prohibition of refuelling during Careflight Helicopter operations - Operational	Ben Jones	Ongoing
02/07/14	Item 5	Taxi Service	Request Tony Partridge attend the next Airport Advisory Committee Meeting to provide information on alterations to Taxi Metering & Service Agreements	Ben Jones	5/8/14
		Airport Terminal	Resolution: The Committee recommends that Council investigates the installation of an outdoor gas heating system - urgently	Cr Denton/Kelly Rogers	09/07/14
		Airport Terminal	Resolution: The Committee recommends that Council investigates the installation of a temporary shelter at the front of the Airport Terminal	Cr Denton/Kelly Rogers	09/07/14
		GA Apron	Resolution: The Committee recommends that Council investigates the extension to the existing General Aviation Apron using a gravel hard stand area including tie down facilities.	Cr Denton/Kelly Rogers	09/07/14
		Taxi Service Roma Airport	Resolution: The Committee recommends that Council consider implanting a service level agreement be set between Council & Main Roads for the provision of a taxi service at the Roma Airport	Cr Denton/Kelly Rogers	09/07/14

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

Meeting: General 27 August 2014	Date: 21 August 2014
Item Number: 11.2	File Number: D14/60999

Meeting: General 27 August 2014	Date: 21 August 2014
Item Number: 11.3	File Number: D14/61008

Meeting: General 27 August 2014	Date: 21 August 2014
Item Number: 11.4	File Number: D14/61249

Entity power given to	Section of LL1	Description
Local government	8(1)	Power to approve a form of application for a prescribed activity.
Local government	8(3)	Power to, by written notice, request the applicant to provide further reasonable information or clarification of information, documents or materials included in the application.
Local government	8(5)(b)	In the specified circumstances, power to give the applicant written notice stating that: (i) under this section the application lapses; and (ii) the applicant may make a new application.
Local government	8(6)	Power to extend the period for the applicant to provide further information.
Local government	9(1)	Power to be satisfied of the prescribed matters.
Local government	9(2)	Power to, by written notice to the applicant: (a) grant the approval unconditionally; (b) grant the approval subject to conditions determined in accordance with section 10; or (c) refuse to grant the approval.
Local government	9(4)	In the specified circumstances, power to give the applicant an information notice.
Local government	10(1)	Subject to section 10(2), power to grant an approval on conditions considered appropriate.
Local government	14(2)	Power to give the approval holder reasonable written notice that the approval is one of a class of approvals that are not intended to be renewed or extended.
Local government	14(4)	Power to, by written notice, request the applicant to provide further reasonable information or clarification of information, documents or materials included in the application.
Local government	14(6)	Power to, by written notice to the applicant: (a) grant the application; (b) grant the application and amend the conditions of the approval; or (c) refuse the application.
Local government	14(8)	In the specified circumstances, power to give the applicant an information notice.
Local government	15(3)(a)	Power to approve a form for an application for transfer of approval.
Local government	15(4)	Power to, by written notice, request the applicant to provide further reasonable information or clarification of information, documents or materials in the application.
Local government	15(6)	Power to be satisfied about the matters mentioned in section 19(1).
Local government	15(7)	Power to, by written notice to the approval holder and the proposed transferee: (a) grant the application to transfer the approval; or (b) refuse the application to transfer the approval.
Local government	15(8)	Power to amend the existing conditions of the approval.
Local government	15(11)	In the specified circumstances, power to give the approval holder and the proposed transferee an information notice.
Local government	16(3)	Power to consider and decide whether to grant or refuse the application.
Local government	16(4)	Power to, within 14 days of the decision, give the approval holder written notice of the amended conditions and the day they take effect.
Local government	16(5)	If conditions are not amended, power to give the approval holder an information notice.
Local government	18(1)	Power to consider there is a ground under section 17 to amend, suspend or cancel an approval (the *proposed action*).
Local government	18(2)	In the specified circumstances, power to give the approval holder a written notice (the *show cause notice*) stating: (a) the proposed action; and (b) the grounds for the proposed action; and (c) an outline of the facts and circumstances that are the basis of the grounds; and (d) if the proposed action is suspension of the approval, the proposed suspension period; and (e) that the approval holder may make written submissions, within a stated reasonable time of at least 21 days after the notice if given, why the proposed action should not be taken.
Local government	18(3)	Power to decide that a ground no longer exists to amend, suspend or cancel the approval, and to give written notice to the approval holder about the decision.
Local government	18(4)	In the specified circumstances, power to consider there is still a ground to take the proposed action, and to: (a) if the proposed action was to amend the approval – amend the approval; (b) if the proposed action was to suspend the approval – suspend the approval for no longer than the period stated in the notice; (c) if the proposed action was to cancel the approval – amend the approval, suspend it for a period or cancel it.
Local government	18(5)	In the specified circumstances, power to give the approval holder an information notice.
Local government	19(1)	Power to immediately suspend an approval where it is believed that the continuation of the prescribed activity by the approval holder poses: (a) an urgent and serious threat to public health or safety; or (b) an urgent and serious risk of harm, property damage or loss of amenity.
Local government	19(2)(a)	Power to give a notice to the approval holder about the decision to immediately suspend the approval, together with a show cause notice about the proposed action under section 18.
Local government	19(2)(c)(i)	Power to cancel the suspension of an approval.

Entity power given to	Section of MLL1	Description
Local government	22(3)	Power to, at any time, extend the time for making a review application.
Local government	23(1)	Power to review an original decision and make a decision (*the review decision*) to: (a) confirm the original decision; or (b) amend the original decision; or (c) substitute another decision for the original decision.
Local government	23(3)	Power to give the applicant a review notice of the decision (the *review notice*).

Meeting: General 27 August 2014	Date: 21 August 2014
Item Number: 12.1	File Number: D14/61028

Meeting: General 27 August 2014	Date: 13 August 2014
Item Number: 13.1	File Number: D14/58734

Name of Premises	Gaming Hours	No. of Machines
Club Hotel Motel Roma	10:00am – 1:30am Mon – Thurs 10:00am – 2:30am Fri – Sat 10:00am – 12:30am Sun	20
Irish McGann’s	10:00am – 12:30am	15
Commonwealth Hotel	10:00am – 12:30am	41
The White Bull Tavern	10:00am – 12:30am	24
Roma Bowls Club	10:00am – 12:30am	12
Royal Hotel	10:00am – 12:30am	10
	Total	122

Meeting: General 27 August 2014	Date: 13 August 2014
Item Number: 13.2	File Number: D14/58771

Meeting: General 27 August 2014	Date: 15 August 2014
Item Number: 13.4	File Number: D14/59685

Meeting: General 27 August 2014	Date: 18 August 2014
Item Number: 13.6	File Number: D14/60076

Meeting: General 27 August 2014	Date: 19 August 2014
Item Number: 13.7	File Number: D14/60187

1	Body of Report	D14/61164
2	Development Plans	D14/60342
3	Adopted Infrastructure Charges Notice	D14/60186

Meeting: General 27 August 2014	Date: 20 August 2014
Item Number: 13.8	File Number: D14/60596

REVENUE
Maranoa Regional Council			754,740
Royalties for Regions			2,180,260
Santos			1,000,000
Origin			1,500,000
Total Revenue			$5,435,000

Meeting: General 27 August 2014	Date: 20 August 2014
Item Number: 13.9	File Number: D14/60921

Project description	Project location	Total funds for project
Fairview Road upgrade of 30.5km to 8m seal including intersection with Carnarvon Hwy.	Intersection with Carnarvon Hwy and various sections of Fairview Road. Completion – ‘off maintenance certificate issued by TMR by June 2015.	$27.9 Million of which $5.00 M Royalties for Regions
Injune – Taroom Road upgrade of 23.2km to 8m seal including culverts and intersection upgrade at Carnarvon Hwy.	From Chainage 0.00 at Carnarvon Highway and various section of Injune – Taroom Road. Completion – ‘off maintenance certificate issued by TMR by June 2015.	$23.2 Million of which $7.00 M Royalties for Regions
Wallumbilla North Road Bitumen Sealing	Chainage 31.20 to 36.50km North of Wallumbilla. Completion – ‘off maintenance certificate issued by TMR by June 2016.	$5.635 Million of which $5.035 M Royalties for Regions

Meeting: General 27 August 2014	Date: 21 August 2014
Item Number: 13.10	File Number: D14/61090

Meeting: General 27 August 2014	Date: 20 August 2014
Item Number: 22.1	File Number: D14/60912

1	Unconfirmed Minutes - Wild Dog Advisory Committee - 18/08/14	D14/60997
2	Draft Proposal - Drought Assistance Funding Project	D14/61001

Meeting Date	Item	Description	Comments	Action by	When
12/05/14		Net Aerial Baiting Campaign	Cr. Chambers to confirm for members next aerial baiting campaign date.(South Mungallala) Update Cr. Chambers advised this will be 7 November 2014	Cr. Jan Chambers	Complete
		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	Outstanding
		Wild Dog Barrier Fence Maintenance	Damian Bougoure & Dan Sutton to discuss process for collection of photo’s identifying maintenance requirements for the dingo fence. Update Agreed tour be undertaken, fence was repaired prior to the tour. Inspection undertaken recently and fence fixed. Random visit on as needs basis into the future.	Damian Bougoure/Dan Sutton	As required
18/18/14	5.0	Feral Animal Drought Funding	That the committee’s recommendation be put forward formally to Council at the General Meeting on 27 August 2014	Cr. Chambers/Kelly Rogers	27/08/14
	5.0	Feral Animal Drought Funding	Kent Morris suggested that meat bait order forms be available at the forums and contact lists recorded for attendees	Damian Bougoure	TBC
	9.0	Higher Bounty Payment	That the committee’s recommendation be put forward formally to Council at the General Meeting on 27 August 2014 (Resolutions WD/02.2014/08 & 9)	Cr. Chambers/Kelly Rogers	27 /08/14
	10.0	Authorised Scalp Collectors	That the committee’s recommendation be put forward formally to Council at the General Meeting on 27 August 2014 (Resolutions WD/02.2014/08 & 9)	Cr. Chambers/Kelly Rogers	27 /08/14
	10.0	Last Program Factory Baits	That the committee’s recommendation be put forward formally to Council at the General Meeting on 27 August 2014 (Resolutions WD/02.2014/08 & 9)	Cr. Chambers/Kelly Rogers	27 /08/14

Bait type	Price ex GST	Quantity required	Total ex GST
Doggone	$105 per box (72)	2880 baits	$4,200.00
Pigout	$103 per bucket (32)	1920 baits	$6,180.00
De-K9	$28 per bucket (20)	2400 baits	$3,360.00

Bait type	Price per bait ex GST	Quantity required	Total
Doggone	$105 per box (72)	3600 baits	$5,250.00
De-K9	$28 per bucket (20)	3000 baits	$4,200.00

Lucky door prize	Cost per kit	Quantity required	Total Cost
Trapping kit	$268.00	24 kits	$6,432.00

Topic	Speaker
Use of Factory baits
Trapping
Working Dogs
Landholders experience	Allan Tite
Scalps

Meeting: General 27 August 2014	Date: 21 August 2014
Item Number: 22.2	File Number: D14/61038