Agenda of General - 11 December 2013

Minutes of the General Meeting of maranoa Regional Council held at Roma Administration Centre on 27 November 2013 commencing at 9.00am

ATTENDANCE

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

AS REQUIRED

(Acting) Director Infrastructure Services - Michael Parker, Director Development, Facilities & Environmental Services - Rob Hayward, Manager Community Services - Julie Neil, Manager Planning & Building Development - Danielle Pearn, Coordinator Housing - Margaret Langton.

GUESTS

Jo Tinnion & Cecile Peille representing BMT WBM Pty Ltd.

WELCOME

The Mayor welcomed all present and declared the meeting open at 9.08am, noting that Cr. Denton would be a late arrival to the meeting due to attendance at a funeral.

APOLOGIES

Resolution No. GM/11.2013/49

Moved Cr Chambers Seconded Cr Wason

That apologies be received and leave of absence granted for Cr. Price for this meeting, due to her attendance as Council’s representative at a number of forums.

CARRIED 7/0

Confirmation of Minutes

Resolution No. GM/11.2013/50

Moved Cr Flynn Seconded Cr Chambers

That the minutes of the General Meeting (20-13.11.13) held on 13 November 2013 be confirmed.

CARRIED 7/0

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

The Mayor invited Jo Tinnion & Cecile Peille of BMT WBM Pty Ltd. to attend the Chambers at 11.30am to provide Council an initial verbal overview of key themes identified at the Community Workshops held in the Mitchell & Amby on 26 November 2013. The workshops sought community input into developing potential flood mitigation options in Mitchell and Amby. The update was provided during a short intermission in Council’s meeting.

Consideration of notices of business

There were no notices of business for consideration.

Consideration of notices of motion

There were no notices of motion for consideration.

Reception of notices of motion for next meeting

No notices of motion were received for the next meeting.

Business

CORPORATE, Community & Commercial Services

Item Number: 10.1	File Number: D13/51197
Subject Heading: Council Initiated Advisory Committee Meeting Minutes
Author and Officer’s Title: Kelly Rogers, Coordinator - Elected Members & Community Engagement
*Executive Summary:* As part of Council’s Draft Community Engagement Strategy, Council has initiated a number of Advisory Committees to seek community and stakeholder input on key projects and businesses of Council. Feedback, or the outcomes of these forums, assists Council to identify priorities, inform decisions and develop future strategies and policies. This report provided a copy of the confirmed meeting minutes of the advisory committees that held meetings during the months of October & November 2013.

Resolution No. GM/11.2013/51 Moved Cr O'Neil Seconded Cr Wason That Council receive and note the confirmed minutes of the following Advisory Committee Meetings: · Roma CBD Advisory Committee Meeting – 22/10/13 · Roma CBD Advisory Committee Recommendations (22/10/13) · Roma Saleyards Advisory Committee Meeting & Design Workshop – 11/09/13 · Airport Advisory Committee Meeting – 02/10/13 CARRIED 7/0

Responsible Officer	Coordinator - Elected Members & Community Engagement

Item Number: 11.1	File Number: D13/54002
Subject Heading: South West Partnership Council
Author and Officer’s Title: Julie Neil, Manager - Community Services
*Executive Summary:* The South West Partnership Council (SWPC) is an opportunity for government, non government, private and public sectors to collaborate, coordinate and communicate primary health care initiatives within the South West. The goal is to facilitate improved health outcomes for residents through integrated and seamless systems. The SWPC invites Maranoa Regional Council to become an active member.

Resolution No. GM/11.2013/52 Moved Cr Newman Seconded Cr Chambers That Council endorse: · A partnership between Maranoa Regional Council and the South West Partnership Council; The Manager Community Services as Council’s nominated representative; · The Manager Community Services to liaise with the five other South West Councils to ascertain their respective interest. CARRIED 7/0

Responsible Officer	Manager - Community Services

Development, Facilities & Environmental Services

Item Number: 13.1

File Number: D13/53324

Subject Heading: Waste Fees and Charges

Location: Council Facilities

Author and Officer’s Title: Margaret Milla, Coordinator - Waste

Executive Summary:

Between 30 August and 31 October, the Roma waste facility weighbridge has recorded over 3,200 tonnes of mixed construction and demolition (builders’) waste and over 1,600 tonnes of commercial and industrial waste. The current fee structure does not provide cost recovery for the facility or a means to fund future works required at the facility such as construction of new cells, landfill closure and rehabilitation and development of a new landfill facility when required. The current fees work out to approximately $10 per tonne. The day to day operational costs have been calculated at approximately $40 to $45 per tonne of waste delivered to this site.

The proposed fees will initially provide cost recovery to Council for daily operating costs.

Resolution No. GM/11.2013/53

Moved Cr Schefe Seconded Cr Flynn

1. That Council adopt the waste fees and charges as follows:

Commercial & Industrial (C&I) - General waste from commercial & industrial premises All tandem trailers, light trucks, medium rigid, heavy rigid, semi trailers etc to be weighed	$48/tonne or $15/m3 (at Waste facilities with no weighbridge – prior approval required)
Construction & Demolition (C&D) - Builders’ waste All tandem trailers, light trucks, medium rigid, heavy rigid, semi trailers etc to be weighed	$48/tonne (mixed load) or $15/m3 (waste facilities with no weighbridge – prior approval required)
	$24/tonne (separated load) or $8/m3 (waste facilities with no weighbridge
Concrete – clean	$30/tonne or $30/m3
C&I and C&D – To save vehicles from having to enter site twice to be weighed.
Ute	$15
Trailer (6x4 box trailer)	$15
Ute & trailer (6x4 box trailer)	$25

Dead animals	As per current fees and charges

Other regulated waste	Considered case by case upon application

Green waste – domestic	No charge
Green waste (with root balls, stumps, large trunks)	$30/tonne
Green waste – commercial	$15/tonne
Pallets & timber packing crates	$15/tonne
Power poles or treated poles	$40 per pole

Clean soil	No charge
Low level contaminated soil (suitable for day cover)	$35/tonne
High level contaminated soil (not suitable for day cover)	POA – test results required
Asbestos	$132.00/tonne
Scrap steel, car bodies, white goods	No charge
Batteries	No charge
E-waste	No charge
Motor oil	No charge

Tyres	As per current fees and charges

Domestic waste (excluding asbestos & tyres)	No charge

2. The new fee structure will apply to all commercial operators currently using the waste facility, after a notice period of no less than 6 weeks.

CARRIED 7/0

Responsible Officer

Coordinator - Waste

Item Number: 13.2	File Number: D13/55364
Subject Heading: Request for Refund of Development Application Fees Location: King Street, Surat Applicant: Surat Golf Club
Author and Officer’s Title: Mark Westbrook, Coordinator - Building Certification
*Executive Summary:* The Surat Golf Club have requested a refund of Building Application fees ($655.20) paid to Council for the establishment of a new club house. The club has made application for State Government funding to establish a new club house (this was required as part of the application process). The existing club house suffered a termite infestation rendering the club house unusable due to structural damage. The Surat Golf Club is a community sports organisation run by volunteers. The loss of revenue to Council is minimal compared to the benefit the Surat Golf Club provides to the community.

Resolution No. GM/11.2013/54 Moved Cr Newman Seconded Cr O'Neil That Council refund all application fees ($655.20) prescribed for approval of the proposed works. CARRIED 7/0

Responsible Officer	Coordinator - Building Certification

Item Number: 13.3	File Number: D13/55411
Subject Heading: Request for Refund of Development Application Fees Location: 49 Bungil Street, Roma Applicant: Maranoa Kindergarten
Author and Officer’s Title: Mark Westbrook, Coordinator - Building Certification
*Executive Summary:* The Maranoa Kindergarten have requested a refund of the Development Application Fees paid to Council ($1,021.77) for Building Additions and Alterations at 49 Bungil Street, Roma, following receipt of a grant to proceed with the works. Maranoa Kindergarten is a ‘Not-for-Profit’ organisation. The loss of revenue to Council for this application is minimal compared to the social and educational benefits the kindergarten provides to the community.

Resolution No. GM/11.2013/55 Moved Cr Wason Seconded Cr Chambers That Council refund all application fees ($1,021.77) prescribed for approval of the proposed works. CARRIED 7/0

Responsible Officer	Coordinator - Building Certification

Item Number: 13.4	File Number: D13/55431
Subject Heading: AssesSable Building Works – Residential Outbuilding Exceeding 120m² in the Rural Zone (448.65m2) (File: 2013/18788) Location: Lot 6 Hartleys Lane Roma (Lot 6 on SP184947) Applicant: Sunshine Sheds & Garages
Author and Officer’s Title: Mark Westbrook, Coordinator - Building Certification
*Executive Summary:* Sunshine Sheds & Garages have made application for Assessable Building Works for a relaxation of the residential outbuilding maximum size in the Rural Zone.

Resolution No. GM/11.2013/56 Moved Cr Newman Seconded Cr Chambers That Council not approve the application for Assessable Building Works (Residential Outbuilding exceeding 120m2 in the Rural Zone) at Lot 6 Hartleys Lane Roma, due to non-compliance with the Rural Area Code contained in the Bungil Shire Planning Scheme. CARRIED 7/0

Responsible Officer	Coordinator - Building Certification

Item Number: 13.5	File Number: D13/56258
Subject Heading: Renewal of Special Lease 200690, being Lot A on DL419 Reserve for Gravel purposes, R28 Dublin - Res 90-90A Location: Lot A on DL419 Reserve for Gravel Purposes Applicant: Department of Natural Resources and Mines
Author and Officer’s Title: Josephine Horsfall, Coordinator - Property & Legal
*Executive Summary:* The Department of Natural Resources and Mines sought Council’s views on an Application for Renewal of Special Lease 200690, being Lot A on DL419, Reserve for Gravel purposes, R28 Dublin – Res 90-90A.

Resolution No. GM/11.2013/57 Moved Cr O'Neil Seconded Cr Chambers That Council advise the Department of Natural Resources and Mines that the reserve is still required for its gazetted purpose and Council has no objection to the application for renewal of Special Lease 200690, being Lot A on DL419, Reserve for Gravel purposes conditional upon the following: 1. All boundary fencing is to be maintained in stock proof condition for the term of the lease; 2. Lessee must implement suitable control to manage and or eliminate pest plants; 3. Lessee must participate in Local Government coordinated baiting campaigns for the management and control of pest animals; 4. Should the parcel of land have a road managed by local government and/or state government, the road is to be fenced out to increase safety of motorised transport. CARRIED 7/0

Responsible Officer	Coordinator - Property & Legal

Item Number: 13.6	File Number: D13/56302
Subject Heading: Renewal of Term Lease 221644, being Lot 25 on WV1834 Reserve for Water purposes, R339 Waldegrave - Res 5354 Location: Lot 25 on WV1834 Reserve for Water Purposes Applicant: Department of Natural Resources and Mines
Author and Officer’s Title: Josephine Horsfall, Coordinator - Property & Legal
*Executive Summary:* The Department of Natural Resources and Mines sought Council’s views on an Application for Renewal of Term Lease 221644, being Lot 25 on WV1834, Reserve for Water purposes, R339 Waldegrave – Res 5354.

Resolution No. GM/11.2013/58 Moved Cr Chambers Seconded Cr Flynn Council advise the Department of Natural Resources and Mines that the reserve is still required for its gazetted purpose and Council has no objection to the application for renewal of Term Lease 221644, being Lot 25 on WV1834, Reserve for Water purposes conditional upon the following: 1. All boundary fencing is to be maintained in stock proof condition for the term of the lease; 2. Lessee must implement suitable control to manage and or eliminate pest plants; 3. Lessee must participate in Local Government coordinated baiting campaigns for the management and control of pest animals; 4. Should the parcel of land have a road managed by local government and or state government, the road is to be fenced out to increase safety of motorised transport. CARRIED 7/0

Responsible Officer	Coordinator - Property & Legal

Item Number: 13.7	File Number: D13/56385
Subject Heading: Renewal of Term Lease 221757, being Lot 10 on TM47 Reserve for Camping & Water purposes, R7 Tomoo - Res 15390 Location: Lot 10 on R7 Tomoo, Reserve Camping for Water Purposes Applicant: Department of Natural Resources and Mines
Author and Officer’s Title: Josephine Horsfall, Coordinator - Property & Legal
*Executive Summary:* The Department of Natural Resources and Mines sought Council’s views on an Application for Renewal of Term Lease 221757, being Lot 10 on TM47, Reserve for Camping and Water purposes.

Resolution No. GM/11.2013/59 Moved Cr O'Neil Seconded Cr Wason Council advise the Department of Natural Resources and Mines that the reserve is still required for its gazetted purpose and Council has no objection to the application for renewal of Term Lease 221757, being Lot 10 on TM47, Reserve for Camping and Water purposes conditional upon the following: 1. All boundary fencing is to be maintained in stock proof condition for the term of the lease; 2. Lessee must implement suitable control to manage and/or eliminate pest plants; 3. Lessee must participate in Local Government coordinated baiting campaigns for the management and control of pest animals; 4. Should the parcel of land have a road managed by local government and/or state government, the road is to be fenced out to increase safety of motorised transport. CARRIED 7/0

Responsible Officer	Coordinator - Property & Legal

Item Number: 13.8	File Number: D13/56423
Subject Heading: Renewal of Term Lease 221464, being Lot B on EG266 Reserve for Camping & Water purposes, R36 Elgin - Res 4451 Location: Lot B on EG266 Reserve for Camping & Water Purposes Applicant: Department of Natural Resources and Mines
Author and Officer’s Title: Josephine Horsfall, Coordinator - Property & Legal
*Executive Summary:* The Department of Natural Resources and Mines sought Council’s views on an Application for renewal of Term Lease 221464, being Lot B on EG266 Reserve for Camping & Water purposes, R36 Elgin - Res 4451.

Resolution No. GM/11.2013/60 Moved Cr Wason Seconded Cr Newman Council advise the Department of Natural Resources and Mines that the reserve is still required for its gazetted purpose and Council has no objection to the application for renewal of Term Lease 221464, being Lot B on EG266 Reserve for Camping & Water purposes conditional upon the following: 1. All boundary fencing is to be maintained in stock proof condition for the term of the lease; 2. Lessee must implement suitable control to manage and or eliminate pest plants; 3. Lessee must participate in Local Government coordinated baiting campaigns for the management and control of pest animals; 4. Should the parcel of land have a road managed by local government and or state government, the road is to be fenced out to increase safety of motorised transport. CARRIED 7/0

Responsible Officer	Coordinator - Property & Legal

Item Number: 13.9	File Number: D13/56751
Subject Heading: Material Change of Use - "Extractive Industry" (File: 2013/18610) Location: "Ballaroo" 44 Begonia Road, BEGONIA QLD 4417 (Lot 5 on SP106996) Applicant: NJ Contracting Pty Ltd C/- Frances van Riet
Author and Officer’s Title: Danielle Pearn, Coordinator - Planning
*Executive Summary:* The application sought approval for a Material Change of Use to establish an “Extractive Industry”, on land at “Ballaroo” 44 Begonia Road, Begonia (described as Lot 5 on SP106996). The development involves extracting between 5,000t to 100,000t of quarry material per year, intended for civil construction purposes. The application is subject to Impact Assessment against the relevant provisions of Warroo Shire Planning Scheme 2004. No submissions were received during the public notification period (6/9/13 to 27/9/13).

Resolution No. GM/11.2013/61

Moved Cr Schefe Seconded Cr Newman

That the application for Material Change of Use – “Extractive Industry”, on land at “Ballaroo” 44 Begonia Road, Roma (described as Lot 5 on SP106996), be approved subject to the following conditions:

Preamble

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

The approved use may not commence until the Environmental Authority has been given in relation to Environmentally Relevant activities prescribed under the Environmental Protection Act 1994.

General

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

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

3. Maintain the approved development being Material Change of Use – “Extractive Industry” in accordance with the approved plans:

Plan/Document number	Plan/Document name	Date
Drawing No.001	Proposed Development Ballaroo North Pit	NA
Drawing No.002	Proposed Development Ballaroo North Pit (with satellite image)	NA
NJC-SWP-030	Standard Work Procedure Weed & Pest Management	04/07/2013
NJC-SMMP-013	Emergency Response Plan	07/06/2012
NJC-SMMP-026	Activity Based Management Plan	22/03/2013
NJC-SMMP-012	Environmental Management Plan	17/12/2012
D5	Capricorn Municipal Development Guidelines – Stormwater Drainage Design D5 Design Guidelines	03/2012
D6	Capricorn Municipal Development Guidelines - Site Regrading Design Guidelines	03/2012

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

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

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

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

Latest versions

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

Stormwater and Drainage

9. Stormwater, erosion and sediment control is to be managed as shown in the Activity Based Management Plan prepared by NJ Contracting dated 22.03.2013 in accordance with the CMDG – D5 Design Guidelines ‘Stormwater Drainage Design’.

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

11. At the end of operations, remediation of the site is to occur after consultation with the landowner generally in accordance with the program shown in the Activity Based Management Plan prepared NJ Contracting dated 22.03.2013.

12. Weeds and pests are to be monitored and controlled in accordance with the Standard Work Procedure Weed and Pest Management Plan prepared by NJ Contracting dated 04.07.2013.

Erosion Control

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

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

15. Measures shall be applied to prevent site vehicles tracking sediment and other pollutants onto adjoining roads during the course of the construction period and to prevent dust nuisance during construction.

16. Should it be necessary for the road and/or drainage system to be reinstated or cleaned up due to erosion and/or sedimentation from the site, then such works shall be undertaken at no cost to Council.

Services Provisions

17. The site must be provided with on-site water supply with sufficient capacity to meet operational needs, including watering to minimise dust nuisance.

18. Reticulated sewerage is unavailable to the development site. A development permit for plumbing and drainage works shall be sought from Council for any onsite sewerage system provided to the development.

19. All onsite sewerage systems shall be designed in accordance with Division 4 – Standards for Sewerage Supply of the Warroo Shire Planning Scheme.

Rubbish Collection

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

Access, Roads, Landscaping and Lighting

21. 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.

22. All vehicular access and related items must comply with (i) the development approval conditions, (ii) any relevant provisions in the planning scheme for the area including Division 2: “Standards for Roads, Car Parking, Access and Manoeuvring Areas”, (iii) Council’s standard designs for such work where such designs exist, (iv) the CMDG Design Guidelines – D1 ‘Geometric Road Design’ and (vi) any alternative specifications that Council has agreed to in writing and which the developer must ensure do not conflict with any requirements imposed by any applicable laws and standards.

23. Any damage to roads and infrastructure that is attributable to the progress of works on the development site or vehicles associated with the development of the site, must be repaired to Council’s satisfaction.

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

25. Unsealed internal roads are to be watered upon receipt of any complaint regarding dust nuisance caused by vehicle movements to and from the site, as determined by and to the satisfaction of Council.

Earthworks

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

Operations of Approved Use

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

28. All approved uses must be carried out in accordance with the requirements of the approved management plans.

29. Hours of operation of the approved use are limited to 6am-6pm Monday to Sunday. No operations on Public Holidays.

30. At the end of operations, remediation of the site is to occur after consultation with the landowner and generally in accordance with the Activity Based Management Plan prepared NJ Contracting dated 22.03.2013.

Advertising Signs

31. Any proposed advertising devices shall be subject to a further development application and planning approval unless the advertising devices are in accordance with the exempt or self assessable requirements of the relevant Council planning scheme.

32. Any free-standing advertising signage or structure to be constructed on site shall be designed by an RPEQ (Structural) Engineer and certification provided for both design and construction.

Infrastructure & Impact Contributions

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

34. The applicant may enter into an Infrastructure Agreement with Council in a standard format to be provided by Council. This agreement will show details of charges, review period and dispute resolution procedures.

Avoiding Nuisance

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

36. The area and its surrounds shall be kept in an orderly fashion, free of rubbish and clear of weeds. 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.

No Cost to Council

37. 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.

38. 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 Council, shall be paid to the Council prior to any use commencing onsite.

Local Roads Additional Impact Charges Schedule

A local roads additional impacts charge of $0.50 per tonne will be paid to Maranoa Regional Council for all extractive industry materials transported to and from the site. This amount will be increased or decreased annually by a percentage equivalent to the change in All groups consumer price index for Brisbane published by the Australian Statistician. This condition is required because the development will impact on the local roads when extractive industry materials are carried along those local roads.

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 as a debt due to Council.

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.

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. Despite the payment of a local roads additional impacts charge, the Council may stop the extractive industry operator from using particular roads by written notice because of 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.

Council or its representatives is entitled to inspect, copy and audit any records which may help to prove the actual tonnes of extractive industry material carried by the extractive industry operator for the purposes of assessing the local roads additional impacts charge.

CARRIED 7/0

Responsible Officer

Coordinator - Planning

Item Number: 13.10	File Number: D13/57024
Subject Heading: Material Change of Use - "Extractive Industry" (File: 2013/18666) Location: 824 Crossroads Road, Jackson North QLD 4426 (Lot 6 & 7 on Plan WV409) Applicant: SR & ML Phelps C/- Struxi Design
Author and Officer’s Title: Danielle Pearn, Coordinator - Planning
*Executive Summary:* The application sought to carry out a Material Change of Use – “Extractive Industry”, situated at 824 Crossroads Road, Jackson North QLD 4426, and described as Lot 6 & 7 on WV409. The development involves extracting and screening between 5,000t to 100,000t of quarry material per year. The proposed development, as recommended for approval, is consistent with the provisions of the Bendemere Shire Planning Scheme including the DEOs and Rural Zone Code.

Discussion:

Council determined that the matter should lay on the table pending further clarification of intended road access points for the applicant in conducting business. A ‘Mover’ and ‘Seconder’ for the motion was recorded as displayed below, however, no vote was taken on the motion at that time.

Moved Cr Flynn Seconded Cr Wason

That the application for a Material Change of Use - “Extractive Industry”, on land at 824 Crossroads Rd, Jackson North QLD 4426, and described as Lots 6 & 7 on WV409, be approved subject to the following conditions:

Preamble

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

The approved use may not commence until the relevant Environmental Authority has been given in relation to Environmentally Relevant Activities prescribed under the Environmental Protection Act 1994.

General

1. 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.

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

3. Maintain the approved development being a Material Change of Use – “Extractive Industry” in accordance with the approved plans:

Plan/Document number	Plan/Document name	Date
1430.13804	Sheet 002, Issue B Locality Plan	19 June 2013
1430.13804	Sheet 003, Issue C Site Plan	24 June 2013
1430.13804	Sheet 101, Issue A Office Floor Plan	15 July 2013
1430.13804	Sheet 401, Issue A Office Elevations	15 July 2013
	Site Based Management Plan Lots 6 & 7 WV409, Crossroads Road, Yuleba North prepared by Struxi Design

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

Latest versions

Stormwater and Drainage

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

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

11. At the end of operations, remediation of the site is to occur after consultation with the landowner generally in accordance with the Rehabilitation Plan, Section 4.4 shown in the Site Based Management Plan prepared by StruXi Design.

12. Weeds and pests are to be monitored and controlled in accordance with the Weed Control and Management, Section 4.2.4 shown in the Site Based Management Plan prepared by StruXi Design.

Services Provisions

13. The site must be provided with on-site water supply with sufficient capacity to meet operational needs, including watering to minimise dust nuisance.

14. Reticulated sewerage is unavailable to the development site. A development permit for plumbing and drainage works shall be sought from Council for any onsite sewerage system provided to the development.

15. All onsite sewerage systems shall be designed in accordance with Schedule 5 – Standards for Sewerage Supply of the Bendemere Shire Planning Scheme.

16. The site must be provided with an electricity supply generator to service the approved use.

Access

17. 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.

18. All vehicle accesses intersecting the Wild Dog Barrier Fence are to be constructed in accordance with regulations and standards required by the Authority of Land Protection (Pest and Stock Management) Act 2002.

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

20. Unsealed internal roads are to be watered upon receipt of any complaint regarding dust nuisance caused by vehicle movements to and from the site, as determined by and to the satisfaction of Council.

21. All vehicular access and related items must comply with (i) the development approval conditions, (ii) any relevant provisions in the planning scheme for the area including Division 2: “Standards for Roads, Car Parking, Access and Manoeuvring Areas”, (iii) Council’s standard designs for such work where such designs exist, (iv) the CMDG Design Guidelines – D1 ’Geometric Road Design’ and (vi) any alternative specifications that Council has agreed to in writing and which the developer must ensure do not conflict with any requirements imposed by any applicable laws and standards.

22. Any damage to Council roads and infrastructure that is attributable to the progress of works on the site or vehicles associated with the development of the site, must be repaired to Council’s satisfaction or the cost of repairs paid to Council.

Infrastructure and Impact Contributions

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

24. The applicant may enter into an Infrastructure Agreement with Council in a standard format to be provided by Council. This agreement will show details of charges, review period and dispute resolution procedures.

Earthworks

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

Erosion Control

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

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

Rubbish Collection

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

Avoiding Nuisance

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

30. The area and its surrounds shall be kept in an orderly fashion, free of rubbish and clear of weeds. 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

Advertising Signs

32. Any free-standing advertising signage or structure to be constructed on site shall be designed by an RPEQ (Structural) Engineer and certification provided for both design and construction.

Operations of the approved use

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

34. All approved uses must be carried out in accordance with the requirements of the approved management plans.

35. Hours of operation of the approved use are limited to 6am-6pm Monday to Sunday. No operations on Public Holidays.

36. At the end of operations, remediation of the site is to occur after consultation with the landowner and generally in accordance with Section 4.4. of the Site Based Management Plan prepared by StruXi Design

No Cost to Council

37. 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.

Local Roads Additional Impact Charges Schedule

The payment of the local roads additional impacts charge must be made 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. 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. 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 as a debt due to Council.

Item Number: 13.11

File Number: D13/57313

Subject Heading: Material Change of Use - "Extractive Industry" and Environmentally Relevant Activity 16 Extractive and Screening Activities (File: 2012/18422)

Location: Yuleba Surat Road, Yuleba QLD 4427 (Lot 2 on SP197617)

Applicant: Yuleba Minerals Pty Ltd C/- Greg Moore

Author and Officer’s Title: Danielle Pearn, Coordinator – Planning

Executive Summary:

The application sought approval for a Material Change of Use to establish an “Extractive Industry” and Environmentally Relevant Activity 16 – Extractive & Screening Activities, on land at Yuleba Surat Road, Yuleba (described as Lot 2 on SP197617).

The application is subject to Impact Assessment against the relevant provisions of Bendemere Shire Planning Scheme 2006 including the DEO’s and Rural Zone Code. Public notification was carried out between 14 May 2013 to 12 June 2013, and no submissions were received.

Resolution No. GM/11.2013/62

Moved Cr Wason Seconded Cr Newman

That the application for Material Change of Use – Extractive Industry and Environmentally Relevant Activity 16 – Extractive & Screening Activities, on land at Yuleba Surat Road, Yuleba (described as Lot 2 on SP197617, be approved subject to the following conditions:

Preamble

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

General

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

3. Maintain the approved development being Material Change of Use – “Extractive Industry” and Environmentally Relevant Activity 16 – Extractive & Screening Activities, in accordance with the approved plans:

Plan/Document number	Plan/Document name	Date
38816-1	Detail Contour Survey	NA
NA	Active Site Area	NA
NA	Water Drainage Plan	NA
NA	Infrastructure Fixed Plant and Services	NA
V1.2	Environment Management & Operations Plan - Yuleba Minerals Pty Ltd	11/ 2012
D5	Capricorn Municipal Development Guidelines – Stormwater Drainage Design D5 Design Guidelines	03/2012
D6	Capricorn Municipal Development Guidelines - Site Regrading Design Guidelines	03/2012

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

Stormwater and Drainage

8. Stormwater, erosion and sediment control are to be managed as shown in the Environment Management & Operations Plan, prepared by Yuleba Minerals Pty Ltd, dated Nov 2012.

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

Services Provisions

10. All onsite sewerage systems shall be designed in accordance with Division 5 – Standards for Sewerage Supply of the Bendemere Shire Planning Scheme.

Roadworks

11. The access link road from the intersection of Yuleba Surat Road and Bedwell Street to the Warrego Highway is to be upgraded to a 2 lane bitumen sealed road generally in accordance with the Capricorn Municipal Development Guidelines Table D1.21.03 rural access (100-149 VPD), to the following standard:

Formation width: 8.0m

Pavement width: 7.0m

Seal width: 7.0m

Pavement Design: Capricorn Municipal Development Guidelines Table D2.08.01 Rural >100 vpd

12. Linemarking suitable for Give Way signs at the intersection of Yuleba Surat Road and Bedwell Street shall be installed to Manual of Uniform Traffic Control Devices (Queensland) (MUTCDQ) requirements and specifications.

13. The applicant is to submit and gain approval from Council for an operational works development permit for these roadworks and associated drainage in accordance with the specifications found in the Capricorn Municipal Development Guidelines.

Access

14. 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.

15. Any damage to roads and infrastructure that is attributable to the progress of works on the development site or vehicles associated with the development of the site, must be repaired to Council’s satisfaction.

16. A local roads additional impacts charge of $0.50 per tonne will be paid for all quarry material transported to and from the site. This amount will be increased or decreased annually by a percentage equivalent to the change in All groups consumer price index for Brisbane published by the Australian Statistician. The holder of the development approval may ask for the local roads additional impacts charge to be reviewed once in every three year period after the approval for the facility was given. The review will take account of the rates and methodology applying to similar facility operators in the Council Area and the facts and circumstances applying to this approved quarry.

Earthworks

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

Erosion Control

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

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

Latest versions

20. 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.

Operations of Approved Use

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

22. All approved uses must be carried out in accordance with the requirements of the approved Environment Management & Operations Plan, prepared by Yuleba Minerals Pty Ltd, dated November 2012.

23. Hours of operation of the approved use are limited to 6am-6pm Monday to Saturday. No operations are to occur on Sundays or Public Holidays.

24. At the end of operations, remediation of the site is to occur generally in accordance with the program shown in the Rehabilitation Plan shown in the Environment Management & Operations Plan, prepared by Yuleba Minerals Pty Ltd, dated Nov 2012

25. Weeds and pests are to be monitored and controlled in accordance with the Weed and Pest Management Plan shown in the Environment Management & Operations Plan, prepared by Yuleba Minerals Pty Ltd, dated Nov 2012. All efforts are to be made to prevent the spread of Class 2 Pest, parthenium in the area.

Advertising Signs

26. Any proposed advertising devices shall be subject to a further development application and planning approval unless the advertising devices are in accordance with the exempt or self assessable requirements of the relevant Council planning scheme.

27. Any free-standing advertising signage or structure to be constructed on site shall be designed by an RPEQ (Structural) Engineer and certification provided for both design and construction.

Infrastructure and Impact Contributions

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

29. The applicant may enter into an Infrastructure Agreement with Council in a standard format to be provided by Council. This agreement will show details of charges, review period and dispute resolution procedures.

Avoiding Nuisance

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

31. The area and its surrounds shall be kept in an orderly fashion, free of rubbish and clear of weeds. 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.

No Cost to Council

32. 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.

33. 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 Council, shall be paid to the Council prior to any use commencing onsite.

Local Roads Additional Impact Charges Schedule

CARRIED 7/0

Responsible Officer

Coordinator - Planning

Item Number: 22.1	File Number: D13/57353
Subject Heading: Roma Saleyards Advisory Committee Recommendation Location: Roma Applicant: Roma Saleyards Advisory Committee
Author and Councillor’s Title: Cr. Scott Wason
*Councillor’s Summary:* That Council endorse the Roma Saleyards Advisory Committee recommendation to consider the accommodation of “Special Event” Bull Sales at Bassett Park, as part of the Bassett Park Master Plan.

Resolution No. GM/11.2013/63 Moved Cr Wason Seconded Cr Flynn That the recommendation put forward by the Roma Saleyards Advisory Committee to accommodate “Special Event” Bull Sales at Bassett Park as part of the Bassett Park Master Plan be endorsed for inclusion. CARRIED 7/0

Responsible Officer	Manager – Economic & Community Development / Coordinator Sport & Recreation

Late Items

Item Number: L.1	File Number: D13/57607
Subject Heading: Roma CBD Advisory Committee Recommendation Location: Roma Applicant: Roma CBD Advisory Committee
Author and Councillor’s Title: Cr. Cameron O'Neil
*Councillor’s Summary:* That Council approve the recommendations provided by the Roma CBD Advisory Committee in planning for redevelopment of the Roma Central Business District (CBD).

Discussion:

Council determined that the matter should lay on the table to allow Councillors additional time to consider the proposed recommendations.

Action:

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

Item Number: 13.10

File Number: D13/57024

Subject Heading: Material Change of Use - "Extractive Industry" (File: 2013/18666)

Location: 824 Crossroads Road, Jackson North QLD 4426 (Lot 6 & on Plan WV409)

Applicant: SR & ML Phelps C/- Struxi Design

Author and Officer’s Title: Danielle Pearn, Coordinator - Planning

Executive Summary:

The application sought to carry out a Material Change of Use – “Extractive Industry”, situated at 824 Crossroads Road, Jackson North QLD 4426, and described as Lot 6 & 7 on WV409. The development involves extracting and screening between 5,000t to 100,000t of quarry material per year.

The proposed development, as recommended for approval, is consistent with the provisions of the Bendemere Shire Planning Scheme including the DEOs and Rural Zone Code.

Discussion:

Having received clarification of intended road access for commercial operations, Council resumed debate on the item, having recorded a “Mover” and “Seconder” for the motion earlier during the meeting.

Resolution No. GM/11.2013/64

Moved Cr Flynn Seconded Cr Wason

That the application for a Material Change of Use – “Extractive Industry”, on the land at 824 Crossroads Rd, Jackson North QLD 4426, and described as Lots 6 & 7 on WV409, be approved subject to the following conditions:

Preamble

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

(b) The approved use may not commence until the relevant Environmental Authority has been given in relation to Environmentally Relevant Activities prescribed under the Environmental Protection Act 1994.

General

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

3. Maintain the approved development being a Material Change of Use – “Extractive Industry” in accordance with the approved plans:

Plan/Document number	Plan/Document name	Date
1430.13804	Sheet 002, Issue B Locality Plan	19 June 2013
1430.13804	Sheet 003, Issue C Site Plan	24 June 2013
1430.13804	Sheet 101, Issue A Office Floor Plan	15 July 2013
1430.13804	Sheet 401, Issue A Office Elevations	15 July 2013
	Site Based Management Plan Lots 6 & 7 WV409, Crossroads Road, Yuleba North prepared by Struxi Design

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

Latest versions

Stormwater and Drainage

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

12. Weeds and pests are to be monitored and controlled in accordance with the Weed Control and Management, Section 4.2.4 shown in the Site Based Management Plan prepared by StruXi Design.

Services Provisions

13. The site must be provided with on-site water supply with sufficient capacity to meet operational needs, including watering to minimise dust nuisance.

15. All onsite sewerage systems shall be designed in accordance with Schedule 5 – Standards for Sewerage Supply of the Bendemere Shire Planning Scheme.

16. The site must be provided with an electricity supply generator to service the approved use.

Access

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

Infrastructure and Impact Contributions

Earthworks

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

Erosion Control

Rubbish Collection

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

Avoiding Nuisance

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

Advertising Signs

32. Any free-standing advertising signage or structure to be constructed on site shall be designed by an RPEQ (Structural) Engineer and certification provided for both design and construction.

Operations of the approved use

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

34. All approved uses must be carried out in accordance with the requirements of the approved management plans.

35. Hours of operation of the approved use are limited to 6am-6pm Monday to Sunday. No operations on Public Holidays.

No Cost to Council

37. 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.

Local Roads Additional Impact Charges Schedule

CARRIED 7/0

Responsible Officer

Coordinator - Planning

Item Number: L.2	File Number: D13/56620
Subject Heading: Local Government Boundary Anomalies
Author and Officer’s Title: Tanya Mansfield, Manager - Facilities
*Executive Summary:* The Department of Natural Resources and Mines had written to Council identifying an anomaly 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 report sought a recommendation from Council to make an application to the Minister for Local Government to refer the matter to the Local Government Change Commissioner (Electoral Commission of Queensland) to change the anomalies.
*Discussion:* Council determined that the matter should lay on the table until the next meeting on 11 December 2013, to allow officers a further investigation period to advise engagement undertaken (or process for engagement) with identified property holders affected by the proposal.
Resolution No. GM/11.2013/65 Moved Cr O'Neil Seconded Cr Newman That Council the matter lay on the table for further consideration and discussion at the General Meeting on 11 December 2013. CARRIED 7/0

Responsible Officer	Manager – Facilities/Coordinator – Elected Members & Community Engagement

Item Number: L.3	File Number: D13/58005
Subject Heading: Endorsement of Elected Member Attendance at Conferences/Events Location: Toowoomba
Author and Officer’s Title: Kelly Rogers, Coordinator - Elected Members & Community Engagement
*Executive Summary:* The report sought formalisation of Elected Member attendance at conferences and meetings as part of advocacy activities and/or enhancing strategy and policy development for Maranoa Regional Council.
Discussion: Cr O’Neil commented on the potential of the new Wellcamp Airport in Toowoomba connecting the Maranoa Region and South Western Queensland, as development continues to expand in the Surat Basin. Increased access for business and personal travel by air supports the economic and social growth of the Maranoa Region.
Resolution No. GM/11.2013/66 Moved Cr O'Neil Seconded Cr Chambers That Council endorse the attendance of Cr. Joy Denton at the Wellcamp Airport Open Day on 24 November 2013 in Toowoomba. CARRIED 7/0

Responsible Officer	Coordinator - Elected Members & Community Engagement

Item Number: L.4 File Number: D13/58312

Subject Heading: Application for subsidy towards fencing costs which will allow the removal of three grids

Location: Mt Abundance Road

Applicant: Mr. Rodney Payne

Author and Officer’s Title: Michael Parker, Director - Infrastructure Services (Acting)

Executive Summary:

Council had received a letter requesting consideration of payment of financial assistance towards the cost of fencing two remaining unfenced sections of the road running through “Utopia” (Lot 13 WV 1701), and that Council remove the three grids and associated gate structures in place at “Utopia”.

The applicant had previously (2005 & 2006) received advice from Bungil Shire that financial assistance was available.

Discussion:

Council determined that the matter should lay on the table for further discussion at a later point during the meeting to allow Councillors additional time to formulate a draft motion in consideration of the report.

Action:

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

The Director Development, Facilities & Environmental Services declared an interest in the following item (related to applicant) and left the Chambers at 10.02am.

Item Number: L.5	File Number: D13/58334
Subject Heading: Seal Extension - Badgery Street, Roma Location: Badgery Street, Roma Applicant: Ms. Ann Prow
Author and Officer’s Title: Michael Parker, Director - Infrastructure Services (Acting)
*Executive Summary:* Council had received a request to extend bitumen seal works, currently being carried out by Council, to provide an all weather access to a residence situated in Badgery St, Roma. This extension would incorporate 40 metres of bitumen seal in addition to the current works approved.

Resolution No. GM/11.2013/67 Moved Cr O'Neil Seconded Cr Schefe That Council: 1. Approve the bitumen seal extension (additional length of approximately 40 metres) for the Capital works job in progress on Badgery St, Roma. 2. Draw the estimated cost of $4,000 from Council’s existing Capital Works Budget for 2013/14 as part of the upcoming budget review. CARRIED 7/0

Responsible Officer	Director - Infrastructure Services (Acting)

Upon cessation of Council discussion and debate on the abovementioned item, The Director Development, Facilities & Environmental Services entered the Chambers at 10.10am.

Subject Heading: suspension of standing orders

Council adjourned the meeting for morning tea at 10.10am.

Subject Heading: resumption of standing orders

Council resumed the meeting at 10.55am.

CONFIDENTIAL ITEMS

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

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

(e) contracts proposed to be made by it;

Resolution No. GM/11.2013/68

Moved Cr O'Neil Seconded Cr Schefe

That Council close the meeting to the public at 10.55am, noting the inclusion of two additional items for Council’s late agenda:

- Minor changes to the Organisational Structure

- Update to Council on Road Infrastructure Agreement negotiations and Royalties for the Regions funding application.

CARRIED 7/0

Cr. O’Neil left the Chamber at 11.41am.

Cr. O’Neil entered the Chamber at 11.43am.

Cr. O’Neil left the Chamber at 12.16pm.

Cr. O’Neil enterd the Chamber at 12.19am.

Cr. Newman left the Chamber at 12.18am.

Cr. Newman entered the Chamber at 12.22pm.

Mayor Loughnan left the Chamber at 12.20pm.

Mayor Loughnan entered the Chamber at 12.29pm.

Cr. Denton entered the Chamber at 12.38pm, following the Mayor’s notification of her late arrival at commencement of the meeting (due to attendance at a funeral).

Cr. Flynn left the Chamber at 12.43pm.

Cr. Flynn entered the Chamber at 12.46pm.

Mayor Loughnan left the Chamber at 12.49pm.

Mayor Loughnan entered the Chamber at 12.51pm.

Subject Heading: suspension of standing orders

Council adjourned the meeting for lunch at 12.50pm.

Subject Heading: resumption of standing orders

Council resumed the meeting at 1.48pm.

Cr. Chambers left the Chamber at 2.00pm.

Cr. Chambers entered the Chamber at 2.01pm

The following Councillors declared a potential perceived ‘Conflict of Interest’ in Item C.1 “Community Grant Applications” due to their membership on the committees as recorded below. These committees had put forward applications under the Community Grants Program for the round under assessment:

Councillor	Interest
Mayor Loughnan	Member of Roma & District Family History Society
Cr. Denton	Member of Cultural Heritage Injune Preservation Society (CHIPS)
Cr. Flynn	Council’s representative for Maranoa PCYC, and Business Owner of Maranoa Travel, who are a member of Commerce Roma
Cr. O’Neil	Member of Commerce Roma

Councillors Flynn and O’Neil participated as members on the assessment panel for this round of Council’s Grants Program. At the panel meeting on 14 November 2013 both Cr. Flynn and O’Neil made the declarations as described above, to all attending panel members. Cr. Flynn advised that he removed himself from debate on the application for Maranoa PCYC at the panel meeting.

All Councillors who declared a potential perceived ‘Conflict of Interest’ remained for discussion on the item believing that they could form a decision in the broader public interest.

Resolution No. GM/11.2013/69

Moved Cr O'Neil Seconded Cr Flynn

That Council open the meeting to the public at 2.01pm.

CARRIED 8/0

Item Number: L.1	File Number: D13/57607
Subject Heading: Roma CBD Advisory Committee Recommendation Location: Roma Applicant: Roma CBD Advisory Committee
Author and Councillor’s Title: Cr. Cameron O'Neil
*Councillor’s Summary:* That Council approve the recommendations provided by the Roma CBD Advisory Committee in planning for redevelopment of the Roma Central Business District (CBD).
Discussion: Earlier during the meeting, Council had determined that the matter should lay on the table to allow additional time for Councillors to consider the recommendations put forward. Council resumed discussion and debate on the matter.
Resolution No. GM/11.2013/70 Moved Cr O'Neil Seconded Cr Newman That Council: 1. Adopt the crossing design for implementation in the Roma CBD; 2. Adopt each of the remaining recommendations contained in the table attached to the agenda report, for input into detailed design for re-development of the Roma CBD; 3. Formally thank members for their contribution on the committee; 4. Through the Chief Executive Officer, commence detailed design and project planning for redevelopment of the Roma CBD. CARRIED 8/0

Responsible Officer	Manager – Economic & Community Development Coordinator – Elected Members & Community Engagement Manager Infrastructure Planning & Design

Resolution No. GM/11.2013/71

Moved Cr O'Neil Seconded Cr Denton

That Council approve option (3) for location of an additional crossing on Wyndham Street Roma, as identified in Attachment (4) to the agenda report. This approval is conditional upon the owners of “Home Hardware” agreeing to establish a ‘one way’ driveway access to their business.

If agreement is not gained, Council’s alternative endorsed location is option (2) as identified in Attachment (4).

CARRIED 7/1

Responsible Officer

Manager Infrastructure Planning & Design

Item Number: L.4	File Number: D13/58312
Subject Heading: Application for subsidy towards fencing costs which will allow the removal of three grids Location: Mt Abundance Road Applicant: Mr. Rodney Payne
Author and Officer’s Title: Michael Parker, Director - Infrastructure Services (Acting)
*Executive Summary:* Council had received a letter requesting consideration of payment of financial assistance towards the cost of fencing two remaining unfenced sections of the road running through “Utopia” (Lot 13 WV 1701), and that Council remove the three grids and associated gate structures in place at “Utopia”. The applicant had previously (2005 & 2006) received advice from Bungil Shire that financial assistance was available.

Discussion: Council resumed discussion on the item, having determined earlier during the meeting that additional time was required to develop a draft resolution for Council’s consideration.
Resolution No. GM/11.2013/72 Moved Cr Chambers Seconded Cr Wason That Council include the following paragraphs in the Draft Grids and Gates Policy, and in light of this inclusion that this be applied to the received request, and to a previously received written request: “To encourage landholders to voluntarily fence road reserves and eliminate grids and gates, Council will reimburse licenced gate and/or grid owners per grid/gate following: A) the road being fenced out to a permanent stockproof standard; B) the Council removal of the gate / grid and associated structures and reinstatement of the road (when Council is undertaking works in the area); C) the final inspection by Council. With an exception in the case of a property boundary grid, each individual owner, upon fencing their section would be reimbursed $750 (the maximum payment for any structure being $1,500). When future capital works improvements are undertaken, Council will negotiate the possible removal of any grids on that section of road with all affected landholders.” CARRIED 8/0

Responsible Officer	Director - Infrastructure Services (Acting)

CONFIDENTIAL ITEMS

The Councillors listed below declared a potential perceived ‘Conflict of Interest’ in the following item due to their membership on the committees as recorded below. These committees had put forward applications under the Community Grants Program for the round under assessment:

Councillor	Interest
Mayor Loughnan	Member of Roma & District Family History Society
Cr. Denton	Member of Cultural Heritage Injune Preservation Society (CHIPS)
Cr. Flynn	Council’s representative for Maranoa PCYC, and Business Owner of Maranoa Travel, who are a member of Commerce Roma
Cr. O’Neil	Member of Commerce Roma

Councillors Flynn and O’Neil participated as members on the assessment panel for this round of Council’s Grants Program. At the panel meeting on 14 November 2013, both Cr. Flynn and O’Neil made the declarations as described above, to all attending panel members. Cr. Flynn advised that he removed himself from debate on the application received from Maranoa PCYC at the panel meeting.

All Councillors who declared a potential perceived ‘Conflict of Interest’ remained for discussion on the item believing that they could form a decision in the broader public interest.

Item Number: C.1

File Number: D13/55760

Subject Heading: Community Grant Applications

Author and Officer’s Title: Susan (Sue) Sands, Coordinator - Grants (Council & Community)

Executive Summary:

The first round of applications under the Maranoa Regional Council’s Community Grants program for the 2013/14 financial year had been received and assessed. Panel recommendations were put forward for Council’s consideration.

Resolution No. GM/11.2013/73

Moved Cr Flynn Seconded Cr O'Neil

That Council endorse the recommendations of the assessment panel and approve the following applications:

Organisation	Project Description	Approval Amount	Total Project Cost
Bendemere Pony Club	Trailer mounted toilet for Pony Club and Community use	$2,605	$5,250
Cultural Heritage Injune Preservation Society (CHIPS)	Relocation and restoration of Heritage Building	$15,000	$31,505
Eumamurrin Recreation Association	Repairs to Eumamurrin Hall Roof	$5,000	$10,600
Maranoa PCYC	Junior Basketball Club Carnival 22-23 February 2014	$1,000	$2,500
Roma & District Family History Society	Purchase of a photocopier	$4,090	$8,181
Roma International Network Church (Mainly Music)	Instruments & equipment for Mainly Music Program	$2,495	$4,999
Teelba State School	Teelba Phantom Race Day	$1,440	$10,340

CARRIED(Councillors Loughnan, Denton, Flynn & O’Neil voted in favour of the motion) 8/0

Responsible Officer

Coordinator - Grants (Council & Community)

Item Number: C.2	File Number: D13/56178
Subject Heading: Request for Sponsorship
Author and Officer’s Title: Susan (Sue) Sands, Coordinator - Grants (Council & Community)
*Executive Summary:* Council had received a request from the Noonga Community Association to assist with sponsorship for their ‘New Year’s Eve Fair.’
Resolution No. GM/11.2013/74 Moved Cr Chambers Seconded Cr Denton That Council: 1. Approve a sponsorship contribution of $500 towards the ‘New Year’s Eve Fair’; 2. Encourage the group to lodge future requests under Council’s Community Grants Program. CARRIED 8/0

Responsible Officer	Coordinator - Grants (Council & Community)

Item Number: C.3	File Number: D13/54003
Subject Heading: Relocation and Management of Mitchell Demountables Location: Mitchell
Author and Officer’s Title: Julie Neil, Manager – Community Services
*Executive Summary:* Four (4) demountable units and contained furniture were gifted to Council for the purposes of relocation and replacement of the Mitchell pensioner cottages. The intent of this accommodation has raised questions with regards to their suitability for the existing cottage tenants and the possibility of extending the availability of low cost accommodation for Mitchell, by allowing them to become additional. Investigation into tenant requirements, the condition of these and the existing cottages and financial implications will dictate this outcome. Until such time, it was requested that Council approve the relocation of the demountables to Ann St, Mitchell.
Resolution No. GM/11.2013/75 Moved Cr Flynn Seconded Cr Denton That Council approve the: · Relocation of the demountable units to the agreed Ann St, Mitchell site subject to investigation into the most economical process for doing so and discussion with the existing tenants; · Provision of the additional funding required for the relocation, as part of the upcoming budget review; Further that staff be thanked for their efforts and professional management of the Community & Council Housing Portfolio. CARRIED 8/0

Responsible Officer	Manager - Community Services

Item Number: C.4	File Number: D13/48633
Subject Heading: Housing Maintenance Yuleba
Author and Officer’s Title: Julie Neil, Manager Community – Services Margaret Langton, Coordinator – Housing
*Executive Summary:* Maintenance is required for three (3) identified Council owned properties located in Yuleba. These properties are in the first instance used for staff tenancy, or alternatively the community if staff accommodation is not required. The identified properties require a range of maintenance repairs as identified in the officer’s report. Council’s direction was sought in addressing potential arrangements for their sale or repair.
Resolution No. GM/11.2013/76 Moved Cr Schefe Seconded Cr Chambers That Council approve: 1. The sale of 18 Stephenson St, Yuleba, including obtaining a valuation to determine the property reserve prior to sale, and confirming land tenure arrangements; 2. The provision of funds from Council Capital works as part of the upcoming budget review to undertake necessary repairs for 17 Flinders St Yuleba; 3. The provision of funds from Council Capital works as part of the upcoming budget review to undertake necessary repairs to 8 Perry St Yuleba; 4. The installation of Aluminium sliding windows only for this aspect of repairs in order to reduce future maintenance costs. CARRIED 8/0

Responsible Officer	Coordinator – Housing

LATE CONFIDENTIAL ITEMS

Item Number: LC.1	File Number: D13/56808
Subject Heading: Facility Cleaning Tender 14010
Author and Officer’s Title: Amanda Schneekloth, Coordinator - Council Buildings & Structures
*Executive Summary:* Tenders were called for Maranoa Regional Council Facility Cleaning within the communities of Roma, Surat, Injune, Jackson/Yuleba/Wallumbilla, Muckadilla and Mungallala. Tenders closed on 7 November 2013. Council was asked to consider the tenders received.
Resolution No. GM/11.2013/77 Moved Cr Flynn Seconded Cr Chambers That Council: 1. Accept the tender submitted by Glenda Hoath for cleaning Injune facilities for the tendered price of $35 (plus GST) per hour; 2. Accept the tender submitted by Prue Williams for cleaning Roma facilities for the tendered price of $44 (inc GST) per hour. 3. Publicly advertise an invitation to quote for facility cleaning in Surat, Jackson/Yuleba/ Wallumbilla, Muckadilla and Mungallala. CARRIED 8/0

Responsible Officer	Coordinator - Council Buildings & Structures

Item Number: LC.2	File Number: D13/58332
Subject Heading: Great Artesian Spa Management - Tender 14011
Author and Officer’s Title: Josephine Horsfall, Coordinator - Property & Legal
*Executive Summary:* Tenders were called for the Management of the Great Artesian Spa in Mitchell. Tenders closed 2.00pm, EST, 14 November 2013. Council’s approval of the appointment of a contractor was sought. Note: As Tanya Mansfied, Manager Facilities is related to Katrina Mansfield (Sister), Tanya took no part in the tender evaluation or reporting to Council. The evaluation panel comprised Council Coordinators of Property & Legal, Sport & Recreation and Procurement, with the report authorised and presented by the Director Development, Facilities & Environmental Services, Mr Rob Hayward.
Resolution No. GM/11.2013/78 Moved Cr Denton Seconded Cr Chambers That Council accept the tender submitted by Katrina Mansfield for $165,000 per annum (including GST) plus CPI increase as per Council’s general conditions. CARRIED 8/0

Responsible Officer	Coordinator - Property & Legal

Item Number: LC.3	File Number: D13/58287
Subject Heading: Acquisition of Property Location: Roma
Author and Officer’s Title: Michael Parker, Director - Infrastructure Services (Acting)
*Executive Summary:* Council was in receipt of a valuation report for the identified residential property, which is adversely affected by the construction of Roma Flood Mitigation Levee Stage 1. Council’s solicitor had made recommendations following consideration of the valuation.
Resolution No. GM/11.2013/79 Moved Cr Schefe Seconded Cr Newman That Council: (a) Endorse having the two valuers meet, on a without prejudice basis, to see if they can reach agreement on a figure for the value of the property; (b) Agree to bear the reasonable cost of appointing a buyer’s agent; and (c) Indicate that if agreement can be reached as to the value and other compensation items, Council would have no objection to the owner remaining in occupation of the property (rent free), after settlement of the acquisition of the property by Council until such time as a replacement property is purchased, or until the Stage 1 levee works are complete. CARRIED 8/0

Responsible Officer	Director - Infrastructure Services (Acting)

Item Number: LC.4	File Number: N/A
Subject Heading: Proposed Changes to Organisational Structure
Author and Officer’s Title:: Julie Reitano - Chief Executive Officer
*Executive Summary:* Minor amendments to the Organisational Structure as presented by the Chief Executive Officer were provided to Council for consideration. Discussion: Cr O’Neil enquired if the Associate to the CEO would also be available to provide research support to the Mayor. It was confirmed that the proposed changes could accommodate this.

Resolution No. GM/11.2013/80

Moved Cr Chambers Seconded Cr O’Neil

That Council approve the Organisational Structure changes as presented by the Chief Executive Officer, inclusive of:

· Amendment to the Position Decription of the recently advertised new position to formally incorporate the following – “Associate to the CEO & Mayor”;

· Commencement of advertising for suitable candidates in the following roles - Design Engineer, Draftsman & Project Manager. (Once contract negotiations are complete, an amendment will be required to the 2013/14 budget).

CARRIED 8/0

Responsible Officer

Chief Executive Officer

Item Number: LC.5	File Number: N/A
Subject Heading: Update on Road Infrastructure Agreement Negotiations & ROYALTIES FOR THE REGIONS APPLICATIONS
Author and Officer’s Title: Julie Reitano - Chief Executive Officer
*Executive Summary:* Further to informal e-mails previously circulated to Councillors, the Chief Executive Officer provided Council with an update on negotiations to date with respect to the remaining Road Infrastructure Agreement and sought Council’s endorsement of the proposed approach.

Resolution No. GM/11.2013/81

Moved Cr Denton Seconded Cr Wason

That Council receive and note the update as provided by the Chief Executive Officer, and furthermore endorse the proposed approach as presented.

CARRIED 8/0

Responsible Officer

Chief Executive Officer

CLOSURE

There being no further business, the Mayor thanked Council for their attendance and declared the meeting closed at 2.53pm.

These Minutes are to be confirmed at the next General Meeting of Council to be held on 11 December 2013, at Roma Administration Centre.

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

Mayor. Date.

Attachment 6

DRAFT - Policy (Council): Works in Road Reserves (V0.1)

1. Policy Purpose

This policy is to be read in conjunction with Subordinate Local Law No 1.1 (Alteration or Improvement to Local Government Areas and Roads) 2011 and provides further direction for application for council permission to carry out works in road reserves.

2. Policy Scope

This policy applies to all road reserves under the authority of Maranoa Regional Council.

3. Definitions

Nil

4. Policy Details

4.1 Roadworks Carried out on the Road Reserve without Council Approval

1. Council does not condone or accept any responsibility for any work carried out on a road reserve under the care and control of Council, without its written approval and permission.

2. The section of roadway upon which unauthorised work has been undertaken will not be maintained or improved in any manner by Council and Council may remove or render impassable, the road section if a safety risk to the public or the environment has been established by the Chief Executive Officer (or delegate).

3. Similarly Council may seek restitution of damages generated by works undertaken without approval. Action under Chapter 3, Part 3, Section 75 of the Local Government Act 2009 may result.

4. No maintenance or legal liabilities are accepted by Council for works approved by other authorities, i.e. clearing.

4.2 Application

1. Applications must be made on the prescribed form and must be accompanied by all required supporting information and application fee.

4.3 Application Fees and Renewal Charges

1. The applicant will pay a fee on application.

2. The fee payable on application will be as determined by Council as part of annual budget deliberations.

3. For the 2013/14 financial year these fees are as detailed below:

Permits	Unit	Charge
Pipeline Permit (excluding Rural water for agricultural purposes)	Per 100m within Road Reserve	$ 525.00
Excess Mass/Rig Movement	Per Permit	$ 350.00
Maintenance Permit	Per Permit	$ 210.00
Access Permit	Per Access	$ 180.00
Temporary Access Permit	Per Access	$ 180.00
Residential Access Permit	Per Access	$ 130.00
Low Impact	Per Permit	$ 350.00
Road Haulage Permit	Per Permit	$ 350.00

4.4 Decision

Authority for the approval of applications has been delegated to the Director – Infrastructure Services or their representative.

4.5 Assistance with Works and Approval Conditions

As conditions of approval for works within a road reserve may prove onerous to some applicants Council may provide a level of assistance to the applicant.

This assistance may take the form of:

a. Assistance with management of traffic

b. Provision of signage required for management of traffic

c. Supervision of works

d. Other as determined by Council through resolution.

Applicants requiring assistance to comply with approval conditions should, in the first instance, advise Council in writing of assistance required. The level of assistance provided will be as determined by the Director – Infrastructure Services.

4.6 Exceptional Circumstance

Through resolution, Council may declare exceptional circumstances under which works required to be undertaken in a road reserve will be completed by council workforce at minimal or no cost to the beneficiary.

a. Declaration of Drought

In those areas of Maranoa Regional Council that have been drought declared by the Queensland Government Council will, on receipt of an application, undertake the earthworks required to provide a road crossing for the purpose of provision of rural water pipeline at no cost to the applicant. The applicant will be responsible for the supply of the materials for the pipeline

Following receipt of a written application detailing location and dimensions, council officers will negotiate a suitable timeframe with the applicant. During this negotiation, consideration must be given to the urgency of the request and the availability of suitable workforce and required plant. The maximum timeframe in which the works should be undertaken is 28 days from acknowledgement of receipt of application.

5. Special Provisions (e.g. Privacy Provisions etc)

Nil

6. Related Policies and Legislation

Nil

7. Associated Documents

Application Form

Subordinate Local Law No 1.1 (Alteration or Improvement to Local Government Areas and Roads) 2011

APPLICATION PROCESSING FEE ASSOCIATED WITH ALL PERMITS – REFER BELOW

Please note sections marked in blue are mandatory.

MRC Permit No. ( - - )

COMPANY DETAILS

Company:

Department:

Postal Address:

Email:

Contact:

Phone:

PERMIT APPLICATION - GENERAL DETAILS

Permit Type:

(1) Pipe crossing { }

2) Turnout/Access { }

(3) Low Impact { }

Go to Applicable section below:

(4) Rig Move/Ex. Mass { }

5) Road haulage { }

(6) Maintenance { }

Road / Lot / Location (Chainage):

Road type:

Constructed {}

Unconstructed { }

Sealed { }

Unsealed { }

Locality Plan:

Document Number:

Start date:

/ /

Expected Duration:

Credit Card Details:
OR
PURCHASE ORDER (PO)

Name on card

Card #

Expiry Darte

Expiry Date

OR PO:

1. Pipe Crossing ($525 per 100m or part there of)

Coordinates (WGS84):

Latitude:

Longitude:

Type:

Crossing { }

Longitudinal { }

Crossing angle: ⁰

Proposed Method

Bored { }

Open Cut { }

Number / Type Pipes:

Additional Needs:

Additional Work space { }

Temp. Turnout { }

Access Track { }

If relevant, tick above and complete section 2. No additional fees apply.

Attachments:

Attached

Document Number

Detailed layout plan:

Road reserve X section:

Type cross section:

TMP:

Plan showing additional work space / Track:

Temporary Turnout Design:

Other:

2. Turnout Construction (General $180 / Residential $130)

Coordinates (WGS84):

Latitude:

Longitude:

Existing Road:

Road width:

Bitumen Width:

Use / Duration:

Vehicle use:

Attachments:

Attached

Document Number

Detailed layout plan:

Cross section / drainage layout:

Turnout Design:

TMP:

Other:

MRC - OFFICE USE ONLY

Date Received:

Date Approved:

Trim File Number:

3. Low Impact Surveys ($350)

Scope / Description:

Extent of application:

Attachments:

Attached

Document Number

Detailed layout plan:

TMP:

Vehicle Weight, Dimensions & Type:

Other:

4. Rig Movement/Excess Mass Vehicles ($350)

Rig Name/Vehicle Registration:

Proposed Route:

Date/s:

Pilot Escort:

YES / NO

Attachments:

Attached

Document Number

Plant: Weight, Dimensions, Veh.Type & Loads

Detailed layout plan:

TMP:

Other:

5. Road Haulage ($350)

Route / Location:

Type material :

Vehicle configuration:

Start Date:

Duration of Works:

Daily movements:

Pilot Escort Required:

YES / NO

Attachments:

Attached

Document Number

Detailed layout plan:

TMP:

Additional Workspace:

Temporary turnout cross section design:

Other:

6. Maintenance / Construction ($210)

Maintenance Type:

Suppress Dust { }

Formation Grade { }

Grid/Gate Mtce { }

Bitumen seal { }

12 Month Mtce contract { }

Gravel Resheet { }

Shoulder Grade { }

Fence line clearing { }

Other { }

Description / Scope of works:

Coordinates (Grid):

Latitude:

Longitude:

Extent of application:

Material Type / Source

Attachments:

Attached

Document Number

Detailed layout plan

TMP:

Cross section / drainage layout:

Plan showing additional work space

Other:

Name: Signature: Position: Date:

Vehicles per Day (VPD)

Component Width (m)

Flood

Immunity

(ARI Years)

Indicative Hierarchical Classification

Formation

(F)

Pavement

(PW)

Seal

(SW)

As constructed

Minor Access

Rural Access - Secondary

Rural Access - Primary B

Rural Access - Primary A

100

149

Rural Collector - Minor

150

250

7 (8)*

Rural Collector - Major B

Vehicles per Day (VPD)

Component Width (m)

Flood

Immunity

(ARI Years)

Indicative Hierarchical Classification

Formation

(F)

Pavement

(PW)

Seal

(SW)

250

1000

Rural Collector - Major A

1000

3000

Arterial - Minor

3000

5000

Arterial - Major

> 5000

Classification

No of

Dwellings

Traffic

Generation
(AADT)

Minimum

Reserve

Width (m)

(RW)

Nominal Carriageway Width (m)

(CW)

Max

Design

Speed

(kph)

Pathways

(no x m)

Access Place

0-25

0-250

Nil

Access Street

26-60

251-600

Nil

Minor Urban Collector

61-150

601-1500

1 x 1.5

Major Urban Collector

151-300

1501-3000

1 x 1.5

Trunk Collector Street

N/A

>3,000

1 x 2

Commercial

N/A

Full width x 2

Industrial Access

<8ha

Nil

Industrial Collector

<30

1 x 2

Attachment 1

Body of Report

1.0 Background information

The proposed development is for a Material Change of Use – “Undefined Use” (Non-resident workforce accommodation). The proposal includes two (2) pre-fabricated demountable buildings, connected by a 3m wide open deck area, and consisting of five (5) bedrooms, an office, two (2) communal bathrooms and a lounge room.

The accommodation is intended for FIFO workers, who are to be driven to and from Injune Aerodrome (which adjoins the northern site boundary) by a camp manager.

The site is currently connected to Council’s reticulated water supply system, and has electricity and telecommunications available. The proposed electricity supply to the accommodation buildings will be by way of a diesel generator.

The site currently contains a dwelling house and associated structure (garage and sheds). The proposed vehicle access is via the existing point onto the Carnarvon Highway, to be shared with the dwelling house. The proposal includes utilising the existing internal road, of unsealed, compacted surface, and the construction a new section. The proposal also includes two (2) carparking spaces.

The development application was publically notified between 23 September 2013 and 15 October 2013, and no properly made submissions were received.

The State Assessment & Referral Agency as a concurrence agency for the development have carried out an assessment in relation to potential impacts on State-controlled road infrastructure, and have issued a response stating they have no requirements (refer to Attachment 3).

2.0 Definition of use and assessment status - the premises – locality and zoning

The proposed use is an undefined use under the Bungil Shire Planning Scheme 2006.

The site is situated at “Junedale” 8925 Carnarvon Highway, Injune QLD 4454, described as Lot 59 on WT238 (refer Figure 1 - Site Boundaries).

Injune Aerodrome

SUBJECT SITE

Blue Lagoon Rd

Carnarvon Hwy

Figure 1 – Site Boundaries Source: Queensland Atlas 2013

The site is situated in the Rural Zone of the Bungil Shire Planning Scheme 2006 (refer Figure 3 - Zoning).

SUBJECT SITE

Figure 2 – Zoning Map Source: Bungil Shire Planning Scheme 2006

The site has an area of approximately 116.65ha, and contains an existing dwelling house and associated structures (garage and shed). A creek intersects the southern half of the site, forming part of the boundary. The site has a frontage onto the Carnarvon Highway along the eastern boundary, and onto Blue Lagoon Road along the southern boundary. The site is located south-west of the town of Injune, with the Injune Aerodrome adjoining the northern boundary (refer to Figure 3 – Aerial Photograph).

House

Figure 3 - Aerial Photograph Source: Google Earth

3.0 Assessment against the planning scheme

Impact assessment

This application is subject to Impact Assessment and is assessed against the relevant provisions of the planning scheme, including any relevant codes. The provisions of the Sustainable Planning Act 2009 [SPA] may be summarized: s313 provides that the assessment manager must carry out the impact assessment having regard to—

(a) the State planning regulatory provisions;

(b) the regional plan for a designated region, to the extent it is not identified in the planning scheme as being appropriately reflected in the planning scheme;

(c) any applicable codes, other than concurrence agency codes the assessment manager does not apply, that are identified as a code for IDAS under this or another Act;

(d) State planning policies, to the extent the policies are not

(i) any relevant regional plan as being appropriately reflected in the regional plan; or

(ii) the planning scheme as being appropriately reflected in the planning scheme;

(e) any applicable codes in the following instruments—

(i) a structure plan;

(ii) a master plan;

(iii) a temporary local planning instrument;

(iv) a preliminary approval to which section 242 applies;

(v) a planning scheme;

(f) if the assessment manager is an infrastructure provider—the priority infrastructure plan.

There is no conflict with these provisions of the Sustainable Planning Act 2009.

Proposed use, with conditions, is not in conflict with planning scheme

Although the planning scheme requires that the proposed development is assessed against the Impact Assessable provisions of the planning scheme, the development proposed does not conflict with the intent of the planning scheme for the zone in which it is to be located.

Desired Environmental Outcomes

The Desired Environmental Outcomes (DEOs) are based on ecological sustainability established by IPA 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 contains a creek running through the southern half of the site. Any environmental impacts can be appropriately mitigated by way of conditions of development, including a time limit of ten (10) years, given the temporary nature of the activity.

(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 has not been identified as being susceptible to land degradation.

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

The site contains a creek running through the southern half of the site. Any environmental impacts can be appropriately mitigated by way of conditions of development, including a time limit of 10 years, given the temporary nature of the activity.

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

The site has not been identified as containing any places 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 GQAL. The proposed development will be operated within a relatively small section of the site and will not adversely impact on the ability of the balance area to be used for agricultural purposes. Further, the development will be conditioned with a ten (10) year time limit.

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

The proposed development seeks to service the resource industry activities within the region by providing for workers accommodation.

(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 seeks to service the resource industry activities in the area by providing for workers accommodation, thereby contributing to continued economic activity within the region.

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

The proposed development contributes to the rural based economy, utilising the proximity of the site to the Injune Aerodrome, in terms of providing practical non-resident workforce accommodation.

(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 existing point onto the Carnarvon Highway. The site is located within Council’s reticulated water supply area, and can be provided with an electricity supply and telecommunications. Matters relating to the provision of infrastructure can be appropriately addressed by way of conditions of development.

(ii) Rural residential and urban residential development occurs in distinct localities that provide a sense of community, amenity, services, and a safe, affordable living environment, whilst maintaining rural amenity.

The proposed workers accommodation is relatively low-impact in terms of scale, and is appropriately located within a rural lot in close proximity to the town of Injune.

(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 will not adversely impact on any existing infrastructure networks.

(iv) The role and identity of Injune as the main business and community centre of the shire is consolidated.

The proposed development generally promotes the identity of Injune as a business centre.

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

The site has not been identified as a bushfire hazard area. Given the temporary nature of the activity, it is considered the development will not significantly increase exposure of persons and property to natural hazards.

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

The proposed development, being for workers accommodation, provides for diversity in temporary accommodation options within the region.

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 is appropriately located within a rural lot in close proximity to the town of Injune and the Injune Aerodrome.

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

The proposed development will be operated within a relatively small section of the site and will not adversely impact on the ability of the balance area or neighbouring lots to be used for agricultural purposes. Further, the development will be conditioned with a 10 year time limit.

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

Any environmental impacts can be appropriately mitigated by way of conditions of development.

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

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

The proposed development consists of a relatively small scale operation, in keeping with the intensity, form and character of the locality.

(f) maintains the rural amenity

The proposed development consists of a relatively small scale operation, appropriately located within close proximity of the town of Injune and Injune Aerodrome, and generally in keeping with the rural amenity.

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

The proposed development will not prejudice or adversely impact on other uses, including established uses 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 State or local road network

The proposed development will utilise the existing access point onto the State-controlled Carnarvon Highway. The State Assessment and Referral Agency have assessed the application as a concurrence agency, and issued a response stating they have no requirements.

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

The site has not been identified as containing any areas of conservation importance.

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

The proposed development is temporary in nature and of a relatively small scale, therefore not representing out-of-sequence development. Matters relating to the provision of infrastructure can be appropriately addressed by way of conditions of development.

(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

Given the temporary nature of the activity, it is considered the development will not significantly increase exposure of persons and property to natural hazards.

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

Matters relating to the provision of infrastructure can be appropriately addressed by way of conditions of development.

(m) does not impact adversely on infrastructure

The proposed development is a relatively small scale operation and will 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 existing dwelling house is connected to a reticulated power supply. The proposed development is to be provided with electricity by way of a diesel generator, and can be conditioned accordingly.

PC 2 Water Supply

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

The subject site is located within Council’s reticulated water supply system area. The provision of 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.

The proposal includes on-site effluent disposal, and can be included in the conditions of development.

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

Matters relating to stormwater management can be appropriately addressed in the conditions of development.

PC 5 Vehicle Access

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

The proposal includes utilising the existing vehicle access point onto the State-controlled Carnarvon Highway, and then utilising an internal road (unsealed, compacted surface construction).

Matters relating to vehicle access can be appropriately addressed in the conditions of development.

SARA assessed the application in relation to any impacts on the State-controlled road, and issued a concurrence agency response stating that they have no requirements.

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 proposal includes two (2) carparking spaces for the accommodation rooms, and allows for vehicles to enter and exit the site in a forward gear.

Given the size of the lot and the occupants of the five (5) rooms are intended to be driven to and from Injune Airport by a camp manager, it is considered that the number of parking spaces is sufficient. However the site should be able to cater for the standards listed in condition 25.

Matters relating to carparking and vehicle manoeuvring can be appropriately addressed in the conditions of development.

PC 7.1 Roads

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

PC 7.2 Location

Development must be located where there is convenient access.

The proposal includes an internal road, of unsealed, compacted surface construction. Given the relatively small scale nature of the activity, it is considered that the access arrangements are suitable.

Matters relating to the standard of construction of the internal road can be appropriately addressed in the conditions of development.

PC 8.1 Highways

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

PC 8.2

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

The proposal includes utilising the existing vehicle access point onto the State-controlled Carnarvon Highway. SARA assessed the application in relation to any impacts on the State-controlled road, and issued a concurrence agency response stating they have no requirements.

The proposal is a relatively small scale development, providing for an appropriate buffer (minimum of 100m) from the State-controlled road.

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 or 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

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

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

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 in close proximity to any electricity transmission line 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.

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

2. Environment

PC 14 Watercourses

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

The subject site contains a creek running through the southern half of the site.

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

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

Given the temporary nature of the activity, it is considered that the development will not significantly increase exposure to natural hazards.

PC 16 Air Emissions

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

The proposal is a relatively small-scale, low-impact activity, and will not cause significant air emissions.

PC 17 Noise Emissions

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

The proposal is a relatively small-scale, low-impact activity, and will not cause significant noise emissions.

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.

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

PC 19 Excavation and Filling

Excavation and filling of land ensures:

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

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

Matters relating to excavation and filling can be appropriately addressed in the conditions of development.

PC 20 Construction Activities

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

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

PC 21 Separation 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;

(d) conflict arising from incompatible uses is minimised.

The proposal is for a relatively small scale, low-impact activity, and temporary in nature. The proposal is appropriately located within a rural lot in close proximity to the town of Injune and the Injune Aerodrome.

PC 22.1 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

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 subject site adjoins the Injune Aerodrome (located to the north of the site).

The proposed development is appropriately designed, with no building or structure exceeding 7.5m in height.

PC 23 Good Quality Agricultural Land

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

PC 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

The site has not been identified as containing any significant vegetation. The proposal includes minimal clearing.

PC 25 Protected Areas

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

The site has not been identified as a 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

The proposal is not located on significantly sloping land.

PC 27 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 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 has not been identified as a bushfire hazard area.

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 close proximity to any cultural heritage areas.

PC 29 Cultural Heritage

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

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

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.

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

PC 31 Residential Outbuildings

Rural amenity is to be maintained.

N/A – The proposal does not include any residential outbuildings.

PC 32 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 proposal is suitably located within a rural lot in close proximity to the town of Injune, and provides for suitable buffers from adjoining activities.

Specific Land Uses

PC 33 – Catteries and Kennels

N/A – The proposed development is for non-resident workforce accommodation.

PC 34-37 – Commercial Premises

N/A – The proposed development is for non-resident workforce accommodation.

PC 38-42 – Community and Recreation

N/A – The proposed development is for non-resident workforce accommodation.

PC 43-45 – Dwelling House

N/A – The proposed development is for non-resident workforce accommodation.

PC 46-49 - Forestry

N/A – The proposed development is for non-resident workforce accommodation.

PC 50-52 – Home Based Business

N/A – The proposed development is for non-resident workforce accommodation.

PC 53-56 – Host Home Accommodation

N/A – The proposed development is for non-resident workforce accommodation.

PC 57-62 – Industry (Low/Medium)

N/A – The proposed development is for non-resident workforce accommodation.

PC 63– Telecommunication Facility

N/A – The proposed development is for non-resident workforce accommodation.

PC 64 – 67 Temporary Worker’s Accommodation

PC 64

The use should ensure high levels of fire safety.

Matters relating to fire safety can be appropriately addressed in the conditions of development.

PC 65 Road Access

Council road network is not unduly affected by the establishment of the camp.

The proposal is for a relatively small-scale activity, consisting of five (5) bedrooms, and therefore it is considered that any impact on the road network will be minimal.

PC 66 Separation Distance

The establishment of the camp does not unduly affect existing residential premises

The proposed accommodation buildings are not located within 30m of the existing dwelling house or within 15m of the roadway.

PC 67.1 Amenity

The camp buildings, layout and construction do not substantially detract from the amenity of the neighbourhood.

The proposed buildings are suitably located 3m apart, and do not occupy more than 30% of the site area.

The proposal includes two (2) carparking spaces.

Given that the occupants of the five (5) rooms are intended to be driven to and from Injune Airport by a camp manager, it is considered that the number of parking spaces is sufficient. However the site should be able to cater for the standards listed in condition 17.

Matters relating to carparking and vehicle manoeuvring can be appropriately addressed in the conditions of development.

PC 67.2 Location

Development must be located where there is convenient access.

Matters relating to vehicle access can be appropriately addressed in the conditions of development.

PC 68-71 – Tourist Facility

N/A – The proposed development is for non-resident workforce accommodation.

Submissions

The development application was publically notified between 23 September 2013 and 15 October 2013, and no properly made submissions were received.

Other assessment issues

Approval for Building Works will be required.

The State Assessment & Referral Agency as a Concurrence Agency for the development have carried out an assessment in relation to potential impacts on State-controlled road infrastructure, and have issued a response (dated 20 August 2013) stating they have no requirements (refer to Attachment 3).

Maranoa Regional Council

General Meeting - 11 December 2013

Officer Report

Meeting: General 11 December 2013	Date: 29 November 2013
Item Number: 13.5	File Number: D13/59217

Subject Heading: Material Change of Use - "Extractive Industry" (File: 2013/18676)

Classification: Open Access

Name of Applicant: B Harvey & Sons Pty Ltd

Location: "Mt Eden" 767 Nareeton Road, Orallo - Lot 9 on WV1653, Lot 1 on WAL53280, Lot 3 on WAL53282 and Lot 2 on WAL53666

Author & Officer’s Title: Danielle Pearn, Coordinator - Planning

Executive Summary: The application seeks to carry out a Material Change of Use – “Extractive Industry” and Environmentally Relevant Activity 16(1)(a) – Extractive and Screening Activities, on land at “Mt Eden” 767 Nareeton Road, Orallo QLD 4455, described as Lot 9 on WV1653, Lot 1 on WAL53280, Lot 3 on WAL53282 and Lot 2 on WAL53666.

The proposed development, as recommended for approval, is consistent with the provisions of the Bungil Shire Planning Scheme including the DEOs and Rural Zone Code.

Officer’s Recommendation: Council approve this application for a Material Change of Use – “Extractive Industry” and Environmentally Relevant Activity 16(1)(a) – Extractive and Screening Activities, on land at “Mt Eden” 767 Nareeton Road, Orallo QLD 4455, described as Lot 9 on WV1653, Lot 1 on WAL53280, Lot 3 on WAL53282 and Lot 2 on WAL53666, subject to the following conditions:

Preamble

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

Complete and Maintain

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

3. Maintain the approved development being Material Change of Use – “Extractive Industry” & Environmentally Relevant Activity 16(1)(a) – Extractive & Screening Activities, generally in accordance with the approved plans:

Plan/Document number	Plan/Document name	Date
13229701 (Issue A)	Site Working Areas and Access	3 July 2013
N/A	Proposed Haulage Route	N/A
132297	Site Based Management Plan Revision A dated July 2013 or later versions of this document submitted by the site operator and approved by the Council or the applicable State Agency.	July 13

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

Latest versions

6. 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.

Site Works

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

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

Stormwater Drainage

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

10. There must be no increases in any silt loads or contaminants in any overland flow from the development site.

11. Weeds and pests are to be monitored and controlled in accordance with the Weed Control and Management, Section 5.2 shown in the Site Based Management Plan prepared by Brandon & Associates.

12. Stormwater run-off from surface areas is to be collected internally in order to ensure that stormwater causes no potential release of contaminants on to the surrounding land.

Erosion Control

13. Measures shall be applied to prevent site vehicles tracking sediment and other pollutants onto adjoining roads during the course of the construction period and to prevent dust nuisance during construction.

14. Should it be necessary for the road and/or drainage system to be reinstated or cleaned up due to erosion and/or sedimentation from the site, then such works shall be undertaken at no cost to Council.

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

Operation of Approved Use

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

17. Hours of operation, including transporting material from the site are 6:00 am to 6:00pm Monday to Saturday. No work is permitted on Sundays or public holidays. The quarry operator may apply to Council to vary the hours of operation for a particular project where the extended operating hours are essential in the opinion of the Council because of the requirements and community benefits of the particular project. Any Council approval of the varied hours will be restricted to a period linked to the project and may be rescinded by the Council on 7 days notice if the extended hours of operation are causing serious nuisance or disruption to other persons.

18. Heavy vehicles associated with the extractive industry use are not permitted to operate on Orallo Road during school bus hours.

19. Rehabilitation is to be carried out on pits that have ceased to be used for extraction in accordance with a rehabilitation plan agreed by the landowner.

Services Provisions

20. The site must be provided with on-site water supply with sufficient capacity to meet operational needs, including watering to minimise dust nuisance and fire fighting.

Rubbish Collection

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

Access, Roads, Landscaping and Lighting

22. All weather gravel roads shall be provided for traffic movement within the development site.

23. Any damage to Council roads and infrastructure that is attributable to the progress of works on the site or vehicles associated with the development or use of the site, must be repaired to its original condition or the cost of repairs paid to Council.

24. 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.

25. Access for the development is to be at the access point shown on Plan 13229701 Issue A, As Amended by Phil Harvey on 03/07/2013.

26. All vehicular access and related items must comply with (i) the development approval conditions, (ii) any relevant provisions in the planning scheme for the area including Division 2: “Standards for Roads, Car Parking, Access and Manoeuvring Areas”, (iii) Council’s standard designs for such work where such designs exist, (iv) the CMDG Design Guidelines – D1 ‘Geometric Road Design’ and (vi) any alternative specifications that Council has agreed to in writing and which the developer must ensure do not conflict with any requirements imposed by any applicable laws and standards.

27. Unsealed internal and Council roads from the site to the nearest bitumen road in the direction of the haul route are to be watered to prevent dust nuisance and upon receipt of any complaint regarding dust nuisance being caused by vehicle movements to and from the site.

Avoiding Nuisance

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

29. The approved development and the premises shall be maintained in a clean and tidy condition.

Advertising Signs

30. Any proposed advertising devices shall be subject to a further development application and planning approval unless the advertising devices are in accordance with the exempt or self assessable requirements of the relevant Council planning scheme.

Conditions if environmental approval ceases to have effect

31. If the environmental approval issued by a State agency to undertake this use on this site ceases to have effect and is not replaced by an appropriate approval or code 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 unless overridden by a subsequent State agency environmental 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.

No Cost to Council

32. 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.

33. 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 Council, shall be paid to the Council prior to commencement of the use.

Infrastructure Contributions

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

35. The developer is required to upgrade those sections of Orallo Road from the intersection with Nareeton Road to Euthulla Road to a fit-for-purpose minimum standard of 8 metres of pavement and 7 metres of seal according to the applicable road specifications in the CDMG (Capricorn Municipal Development Guidelines). Alternatively, the developer can pay an infrastructure charge of $0.50 per tonne which will apply for 5 years or until such earlier time as the full length of Orallo Road from the site to Roma meets the standards set for a fit-for-purpose road for the traffic volumes being carried. This infrastructure charge will be paid to Maranoa Regional Council in accordance with the Orallo Road Infrastructure Charges Schedule attached to and forming part of these conditions.

36. The applicant may enter into an Infrastructure Agreement with Council in a standard format to be provided by Council.

Local Roads Additional Impacts Charges Schedule

Orallo Road Infrastructure Charges Schedule

Orallo Road infrastructure charges of $0.50 per tonne will be paid to Maranoa Regional Council for all extractive industry materials transported to and from the site. This amount will be increased or decreased annually by a percentage equivalent to the change in All groups consumer price index for Brisbane published by the Australian Statistician.

The infrastructure charge of $0.50 per tonne will apply for 5 years or until such earlier time as the full length of Orallo Road from the site to Roma meets the standards set for a fit-for-purpose road for the traffic volumes being carried.

This condition is required because the development will increase the impact on Orallo Road when extractive industry materials are carried along this road. Nareeton Road is fit-for-purpose but Orallo Road is not yet fit-for-purpose for the traffic volumes being carried. Orallo Road is the road which links the site into the existing fit-for-purpose part of the road network.

The payment of the Orallo Road infrastructure charge must be made 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. 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. If the extractive industry operator does not pay the Orallo Road infrastructure charge for two consecutive periods, the Council can require the holder of the development approval to pay the Orallo Road infrastructure charge as a debt due to Council.

The holder of the development approval or the extractive industry operator may ask for the Orallo Road infrastructure 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.

Despite the payment of a Orallo Road infrastructure charge, the Council may stop the extractive industry operator from using this road by written notice because of the level of damage being caused or may be caused by the addition to total use of Orallo Road by heavy vehicles associated with the extractive industry. If this situation occurs, no Orallo Road infrastructure charge will be payable for that period of exclusion.

Body of Report:

Refer to Attachment 1.

Consultation (internal/external):

- Cottrell Cameron & Steen Surveys and Lou Scarpato Futureproof Strategies as part of the LOCAL GOVERNMENT PLANNING ALLIANCE (Development Assessment)

- State Assessment and Referral Agency (Concurrence Agency)

- MRC Specialist Development Engineer (Internal)

- MRC Specialist Compliance (Internal)

- Public Notification was carried out 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.

Road contributions

All new quarry applications are assessed for road impacts based on two key considerations.

1. Access from the quarry to the nearest ‘fit for purpose’ road network.

2. Additional impacts on the local government road network

Access from the quarry property to the nearest ‘fit for purpose’ road

A ‘fit for purpose’ road means a road which is both safe and has an optimized maintenance and replacement cycle. The standard determining if a road is ‘fit for purpose’ varies depending on the traffic volumes and the type of vehicles.

Council officers have reviewed the access from the property to see whether it is ‘safe’ and whether the road is ‘fit for purpose’ for the proposed volume and type of traffic generated by the development.

Nareeton Road at the front of the property meets the standard for a ‘fit for purpose’ road for the traffic volumes existing and proposed, but this road does not connect the site to other existing fit-for-purpose roads. The developer needs to use Orallo Road which is not fit-for-purpose for the traffic volumes.

The developer is given the option of upgrading Orallo Road to the minimum fit-for-purpose standard or paying indexed infrastructure contributions of $0.50 per tone towards the upgrading of Orallo Road to the fit-for-purpose standard for up to 5 years or until such earlier time as the road becomes fit-for-purpose.

Additional impacts on local government road network

Heavy vehicles from the quarry will impact on the overall Maranoa Regional Council road network. Although the road at the front of the property is deemed ‘fit for purpose’, the carriage of extractive industry material from the quarry will impact on the local government road network and accelerate the maintenance and replacement cycles for the roads.

The transport of materials from the quarry is therefore subject to local roads additional impacts charge of $0.50 per tone. This amount will be increased or decreased annually by a percentage equivalent to the change in All groups consumer price index for Brisbane published by the Australian Statistician.

There is now a Local Roads Additional Impacts Charges Schedule attached as part of the conditions of approval. This schedule sets out a clear timetable for making the payments. Officers propose to use a standardised form of timetable to simplify reporting and accounting for both Council and the quarry operator.

The proposed standards require payment of the local roads additional impacts charge 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. 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. 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 as a debt due to Council.

A register is being established to keep track of the contributions through the Council financial management system.

The conditions of approval will allow for the holder of the development approval or the extractive industry operator to 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. This review process is part of trying to give all operators as level a playing field as law and precedent will allow.

The local roads additional impacts charge covers the use of all roads in the Maranoa Regional Council Area where heavy vehicles of the type used in this activity/use are permitted to travel. Despite the payment of a local roads addition impacts charge, conditions off approval allow the Council to stop the extractive industry operator from using particular roads by written notice because of 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.

Another condition in the Local Roads Additional Impacts Charges Schedule gives Council or its representatives the entitlement to inspect, copy and audit any records which may help to prove the actual tonnes of extractive industry material carried by the extractive industry operator for the purposes of assessing the local roads additional impacts charge.

Council officers have also been investigating the relationship between the rates charge on properties used for extractive industry, crediting arrangements and the local roads additional impacts charge. This part of a wider effort to further level the playing field for all extractive industry operators.

Conditions if environmental approval ceases to have effect

The proposed conditions package has a new condition that is intended to protect the environment, people and property if the environmental authority that sets the environmental conditions was to lapse.

The issue arises because the Department of Environment and Heritage Protection has started to advise SARA and the Council that it has no requirements when there is a concurrence ERA (Environmentally Relevant Activity). It then issues the environmental authority as a separate document, not as a concurrence agency response.

This means that the environmental authority is not technically part of the approval package. It could mean that there are no environmental management conditions for the land, especially for the rehabilitation of the site if the environmental authority (which is issued to the site operator not the site owner) expires, lapses or is cancelled.

To deal with this possibility, Council officers have included a condition that sleeps until such time as the environmental authority no longer has effect. At that time, the condition becomes alive and calls up the conditions in the environmental authority as conditions imposed by Council. These conditions then attach to the land and become the responsibility of the land owner.

The principle is not unique as many conditions in a development approval may sleep until a particular circumstance occurs and then they become active.

Council officers have approached the Department of Environment and Heritage Protection to raise concerns about the situation when a environmental authority ceases to have effect or the site operator ceases to be a legal entity.

Financial Resource Implications:

Any conditions imposed will be at the cost of the developer.

Link to Corporate Plan:

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

Supporting Documentation:

1 View	Body of Report	D13/59188
2 View	Development Plans	D13/60890
3 View	SARA Concurrence Agency Response	D13/39738

Report authorised by:

Robert Hayward, Director - Development, Facilities & Environmental Services

Attachment 1

Body of Report

1.0 Background information

The proposed development is for “Extractive Industry”, involving dredging of materials (sand) from a creek (Sandy Creek), between 1,000 – 10,000 tonnes per annum. The proposed working areas (approximately 100m x 100m each), will be located at various sites along the creek (situated within approximately 50m of the creek bank).

The activity requires a maximum of five (5) employees on-site at any one time. The proposed hours of operation are eight (8) hours per day, six (6) days a week. The activity involves a front end loader, excavator, and three trucks (one being a semi-trailer). The activity does not require any permanent buildings or structures.

The estimated haul frequency (utilising a “truck and dog”) is seven (7) loads per week. The site access is via Nareeton Road. The anticipated haul route is south from the site to the town of Roma along Nareeton and Orallo Roads, including a portion of the Warrego Highway within Roma.

The closest sensitive receptors include two houses located within the subject site (situated approximately 150m from the creek) and a house located on the lot immediately to the south (situated approximately 1,200m from the closest work area).

The applicant has provided a Site Based Management Plan, dated July 2013, prepared by Brandon & Associates Pty Ltd.

The development application was publically notified between 20/9/13 to 14/10/13, and no properly made submissions were received.

The State Assessment & Referral Agency as a Concurrence Agency for the development has carried out an assessment in relation the ERA permit, the removal of quarry material and any potential impacts on road infrastructure, and have issued conditions of development (refer to Attachment 3).

2.0 Definition of use and assessment status - the premises – locality and zoning

The proposed use is defined as an "Extractive Industry" in the Bungil Shire Planning Scheme 2006 which is described as follows:

"Extractive Industry" means any premises used for the winning or treatment on the land or on adjacent land, of 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 proposed use also constitutes “Environmentally Relevant Activity 16(1)(a) - Extractive and Screening Activities” under the Environmental Protection Action 1994, defined as follows:

Extractive and screening activities consists of dredging a total of 1000t or more of material from a bed or naturally occurring surface waters, in a year.

Threshold 1(a): dredging, in a year, the following quantity of material -1,000t to 10,000t.

“Material” includes clay, gravel, loam, rock, sand and other substance found in the earth.

The site is situated at “Mt Eden” 767 Nareeton Road, Orallo QLD 4455, described as Lot 9 on WV1653, Lot 1 on WAL53280, Lot 3 on WAL53282 and Lot 2 on WAL53666 (refer Figure 1 - Locality Plan, and Figure 2 – Site Boundaries).

Figure 1 - Locality Plan Source: Whereis 2013

Lot 9

Lot 3

Lot 2

Lot 1

Figure 2 – Site Boundaries Source: Queensland Atlas 2013

The site is situated in the Rural Zone of the Bungil Shire Planning Scheme 2006 (refer Figure 3 - Zoning).

Figure 3 - Zoning Source: Bungil Shire Planning Scheme 2006

The site contains two dwelling houses (situated within approximately 150m of the creek). The surrounding land uses are predominantly rural grazing land and homesteads (the closest being approximately 1,200m south of the proposed working area). Nareeton Road intersects the western half of the subject lots (refer Figure 4 - Aerial Photograph).

Lot 9

Lot 3

Lot 2

House

Nareeton Rd

Figure 4 - Aerial Photograph Source: Google Earth 2012

3.0 Assessment against the planning scheme

Impact assessment

(a) the State planning regulatory provisions;

(b) the regional plan for a designated region, to the extent it is not identified in the planning scheme as being appropriately reflected in the planning scheme;

(c) any applicable codes, other than concurrence agency codes the assessment manager does not apply, that are identified as a code for IDAS under this or another Act;

(d) State planning policies, to the extent the policies are not

(i) any relevant regional plan as being appropriately reflected in the regional plan; or

(ii) the planning scheme as being appropriately reflected in the planning scheme;

(e) any applicable codes in the following instruments—

(i) a structure plan;

(ii) a master plan;

(iii) a temporary local planning instrument;

(iv) a preliminary approval to which section 242 applies;

(v) a planning scheme;

(f) if the assessment manager is an infrastructure provider—the priority infrastructure plan.

There is no conflict with these provisions of the Sustainable Planning Act 2009.

Proposed use, with conditions, is not in conflict with planning scheme

Desired Environmental Outcomes

The Desired Environmental Outcomes (DEOs) are based on ecological sustainability established by IPA 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.

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

(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 proposed activity can only be carried out when weather and site conditions are suitable (predominantly dry). Any environmental impacts in terms of land degradation can be appropriately controlled by way of the mitigation measures detailed in the Site Based Management Plan, and by way of conditions of development.

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

Any environmental impacts in terms of ecological sustainability, in particular in terms of maintaining water quality, can be appropriately controlled by way of the mitigation measures detailed in the Site Based Management Plan, and by way of conditions of development.

(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.

Portions of the site (north, west) are identified as containing GQAL. The proposed development represents a resource which is predominantly located within rural areas. The proposed development will be operated within relatively small sections of the site and will not adversely impact on the ability of the balance area to be 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.

The proposed development includes an extractive industry use, being dredging material (sand) from a creek, for civil construction purposes. The proposed development will contribute to the economic growth of the region.

(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 includes an extractive industry use, being dredging material (sand) from a creek, for civil construction purposes. The proposed development is appropriately located, and will contribute to the economic growth of the region.

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

The proposed development will improve local business opportunities to protect and value-add to the existing rural based economy.

The proposed development will gain vehicle access to the existing road network via Nareeton Road. The development site is located outside of the water and sewerage infrastructure service networks and will not require reticulated electricity supply due to the mobile nature of the activity.

The proposed development is for an extractive industry.

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

The proposed development will not prejudice the role or identity of Injune.

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

Given the temporary nature of the activity, permanent buildings and structures are not required. Therefore any adverse effects from natural hazards are considered minimal and can be appropriately mitigated.

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

The proposed development is for a low-impact extractive industry, suitably located within the Rural Zone, and will not affect housing types within the region.

Overall Outcomes for Rural Zone Code

(a) reflects the economic potential of the rural area

The proposed development is for an extractive industry, and will enhance 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

The proposed development consists of a relatively low-impact extractive industry. Any environmental impacts can be appropriately controlled by way of the mitigation measures detailed in the Site Based Management Plan, and by way of conditions of development.

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

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

Portions of the site (north, west) are identified as containing GQAL. The proposed development represents a resource which is predominantly located within rural areas. The proposed development will be operate within two relatively small sections of the site and will not adversely impact on the ability of the balance area to be used for agricultural purposes.

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

The proposed development consists of a relatively small scale operation, in keeping the intensity, form and character of the locality.

(f) maintains the rural amenity

Any environmental and amenity impacts can be appropriately controlled by way of mitigation measures detailed in the Site Based Management Plan, and by way of conditions of development.

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

The proposed development will be located within relatively small areas within the site. It is considered that subject to the recommended conditions of approval, the proposed development will not prejudice or adversely impact on other uses, including established uses 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 State or local road network

The proposed development has access to Nareeton Road, and can be appropriately conditioned to require upgrade of vehicle access and road infrastructure, where necessary.

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

Matters relating to environmental impacts have been assessed by the SARA, who have issued conditions of development.

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

The proposed development does not prejudice the efficient provision of infrastructure.

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

The site is identified as containing a small area of medium bushfire hazard risk. Given the nature of the development, it is considered that there is minimal risk to either people or property. Hazard mitigation can be appropriately addressed by way of conditions of development

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

The development does not require effluent disposal or electricity supply due to the mobile nature of the use. On-site water supply can be required as a condition of development, where necessary.

(m) does not impact adversely on infrastructure

Any impacts on infrastructure can be appropriately addressed by way of conditions of 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.

Given the nature of the use, the development does not require a permanent electricity supply.

PC 2 Water Supply

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

Conditions of approval will require the provision of onsite water supply with sufficient capacity to meet operational needs.

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.

Given the nature of the use, the development does not require a permanent 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

Matters relating to stormwater management can be appropriately addressed in the conditions of development.

PC 5 Vehicle Access

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

The proposed vehicle access is via Nareeton Road.

The design and construction of vehicle access and any internal roads, and upgrades (where required) of the local road network will be part of the conditions of development.

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.

Given that the site consists of relatively large rural lots, it is considered that designated parking spaces are not required.

PC 7.1 Roads

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

PC 7.2 Location

Development must be located where there is convenient access.

Given the nature of the activity (i.e. dredging sand from a creek), the operation can only be undertaken during dry weather conditions.

The design and construction of vehicle access and any internal roads, and upgrades (where required) of the local road network will be part of the conditions of development.

PC 8.1 Highways

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

PC 8.2

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

The subject site is not located in close proximity to a State-controlled road, and the proposed haulage route includes only a relatively small distance along the Warrego Highway in Roma.

The development does not include any new sensitive receptors.

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 development does not involve any buildings in proximity 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 or 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

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

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

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 in close proximity to any electricity transmission line 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.

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

2. Environment

PC 14 Watercourses

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

The proposal can be appropriately conditioned to ensure that the proposed dredging within Sandy Creek is carried out in accordance with relevant standards.

DEHP have assessed the extractive industry and imposed conditions of approval.

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

N/A - The proposed activity does not include any permanent structures.

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 any air emissions can appropriately controlled by way of the mitigation measures detailed in the Site Based Management Plan, and by way of conditions of development

Note: SARA have assessed the environmental impacts and issued concurrence agency conditions of development.

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 any noise emissions can appropriately controlled by way of the mitigation measures detailed in the Site Based Management Plan, and by way of conditions of development

Note: SARA have assessed the environmental impacts and issued concurrence agency 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.

Matters relating to maintaining water quality can appropriately controlled by way of the mitigation measures detailed in the Site Based Management Plan, and by way of conditions of development

Note: SARA have assessed the environmental impacts and issued concurrence agency conditions of development.

PC 19 Excavation and Filling

Excavation and filling of land ensures:

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

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

Matters relating to excavation and filling can be appropriately addressed in the conditions of development.

PC 20 Construction Activities

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

N/A – The proposed development does not involve any building works.

PC 21 Separation 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;

(d) conflict arising from incompatible uses is minimised.

The “sensitive receptors” within proximity of the development, include two dwellings (located within the subject site) situated within approximately 150m of the creek, and a dwelling on the property immediately to the south, situated approximately 1,200m to the closest work area.

Given that the proposed development consists of a relatively low-impact extractive industry, any impacts on the amenity of the sensitive receptors can be appropriately mitigated through the measures detailed in the Site Based Management Plan and the conditions of development.

Further, it is noted that the two dwellings located within 150m of the creek, are both situated within the subject site, thereby making the land owner a stakeholder in the proposed development.

PC 22.1 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

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.

N/A - The subject site is not located within close proximity of any airports.

PC 23 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

The proposed development involves minimal vegetation clearing within the riparian area. SARA have assessed the environmental impacts and issued concurrence agency conditions of development.

PC 25 Protected Areas

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

SARA have assessed the environmental impacts and issued concurrence agency conditions of development.

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

Matters relating to minimising any land degradation can be appropriately addressed in the conditions of development.

PC 27 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 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

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 close proximity to any cultural heritage items.

PC 29 Cultural Heritage

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

N/A – The site is not located in close proximity to any known areas of indigenous and/or cultural heritage 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.

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

PC 31 Residential Outbuildings

Rural amenity is to be maintained.

N/A – The proposal does not include any residential outbuildings.

PC 32 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 “sensitive receptors” within proximity of the development, include two dwellings (located within the subject site) situated within approximately 150m of the activity, and a dwelling on the property immediately to the south, situated approximately 1,200m to the closest work area.

Further, it is noted that the two dwellings located within 150m of the activity, are both situated within the subject site, thereby making the land owner a stakeholder in the proposed development.

Specific Land Uses

PC 33 – Catteries and Kennels