AGENDA
Coordination Committee Meeting
Tuesday 9 December 2014
commencing at 10.30am
Redcliffe Chambers
Irene Street, Redcliffe
COUNCILLOR:
NOTICE IS HEREBY GIVEN, that a meeting of the Coordination Committee will be held on
Tuesday 9 December 2014 commencing at 10.30am in Redcliffe Chambers, Irene Street,
Redcliffe to give consideration to the matters listed on this agenda.
Daryl Hitzman
Chief Executive Officer
Membership = 13
Mayor and all Councillors
Agenda for public distribution
4 December 2014
Quorum = 7
Moreton Bay Regional Council
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LIST OF ITEMS
1 GOVERNANCE SESSION
(Cr Allan Sutherland, Mayor)
ITEM 1.1
DELEGATION - COUNCIL'S RECESS PERIOD - 17 DECEMBER 2014 - 19 JANUARY 2015
- REGIONAL
5
REPORT DETAIL
ITEM 1.2
ADOPTION OF AMENDED APPROVAL OF SUBDIVISION PLAN PRIOR TO COMPLETION
OF ALL SUBDIVISION WORKS POLICY - REGIONAL
7
REPORT DETAIL
SUPPORTING INFORMATION
#1 Amended approval of Subdivision Plan prior to completion of all subdivision works
policy
2 PLANNING & DEVELOPMENT SESSION
(Cr Mick Gillam)
ITEM 2.1
MINSTERIAL DIRECTION UNDER THE SUSTAINABLE PLANNING ACT 2009 - REGIONAL
28
REPORT DETAIL
SUPPORTING INFORMATION
#1 Correspondence from the Deputy Premier
3 CORPORATE SERVICES SESSION
(Cr Bob Millar)
4 ASSET CONSTRUCTION & MAINTENANCE SESSION
5 PARKS, RECREATION & SPORT SESSION
(Cr Peter Flannery)
(Cr Gary Parsons)
ITEM 5.1
REGISTER OF PREQUALIFIED SUPPLIERS FOR SPORTS FIELD IRRIGATION - 2014-15
- REGIONAL
36
REPORT DETAIL
SUPPORTING INFORMATION
Confidential #1 Tender Evaluation – Separable Portion 1 - Labour
Confidential #2 Tender Evaluation - Separable Portion 2 - Materials
Confidential #3 Tender Evaluation - Separable Portion 3 - Maintenance inspections
Confidential #4 Tender Evaluation - Separable Portion 4 - Audit
6 LIFESTYLE & AMENITY SESSION
(Cr Julie Greer)
ITEM 6.1
GREEN ARMY PROJECTS WITHIN THE MORETON BAY REGIONAL COUNCIL AREA REGIONAL
45
REPORT DETAIL
SUPPORTING INFORMATION
#1 Moreton Bay Regional Council Projects
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ITEM 6.2
INCREASE TO PENALTY UNIT AMOUNT DISABILITY PARKING OFFENCE AMENDMENT TO SCHEDULE 3, SUBORDINATE LOCAL LAW 5 (PARKING) 2011REGIONAL
51
REPORT DETAIL
SUPPORTING INFORMATION
#1 Moreton Bay Regional Council Regulated Parking (Amendment) Subordinate Local
Law (No.1) 2014
#2 Media Release - Department of Transport and Main Roads – Disability Parking
Crack Down
7 ECONOMIC DEVELOPMENT & TOURISM SESSION
(Cr Brian Battersby)
8 GENERAL BUSINESS
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ATTENDANCE & APOLOGIES
Attendance:
Committee Members:
Cr Allan Sutherland (Mayor) (Chairperson)
Officers:
Apologies:
The Mayor is the Chairperson of the Coordination Committee.
Coordination Committee meetings comprise of Sessions chaired by Council’s nominated
Spokesperson for that portfolio, as follows:
Session
Session Chair / Portfolio Spokesperson
1 Governance
Cr Allan Sutherland (Mayor)
2 Planning & Development
Cr Mick Gillam
3 Corporate Services
Cr Bob Millar
4 Asset Construction & Maintenance
Cr Peter Flannery
5 Parks, Recreation & Sport
Cr Gary Parsons
6 Lifestyle & Amenity
Cr Julie Greer
7 Economic Development & Tourism
Cr Brian Battersby
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1 GOVERNANCE SESSION
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(Cr Allan Sutherland, Mayor)
ITEM 1.1
DELEGATION - COUNCIL'S RECESS PERIOD - 17 DECEMBER 2014 - 19 JANUARY
2015 - REGIONAL
Meeting / Session:
Reference:
Responsible Officer:
1 GOVERNANCE
A10217851 : 1 December 2014
RG, Coordinator Executive Services (CEOs Office)
Executive Summary
The purpose of this report is for Council to give consideration to the proposed amendment of Council
Delegation 002 as per legislative requirement.
OFFICER’S RECOMMENDATION
That Council Delegation 002 be replaced with the following:
“Pursuant to Section 257 of the Local Government Act 2009, the powers and duties given to Council
under the Local Government Act 2009 be delegated to the Chief Executive Officer in consultation
with the Mayor as required, during the Council’s recess period from 17 December 2014 to 19
January 2015 inclusive.”
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ITEM 1.1 DELEGATION - COUNCIL'S RECESS PERIOD - 17 DECEMBER 2014 - 19 JANUARY 2015 - REGIONAL A10217851 (Cont.)
REPORT DETAIL
1.
Background
In line with the legislative requirement for Council to review its delegations to the Chief Executive Officer
on an annual basis, Council Delegation 002 should be amended to give the CEO the powers and duties,
in consultation with the Mayor, as required, during the Council’s recess period from 17 December 2014 to
19 January 2015 inclusive.
2.
Explanation of Item
Council Delegation 002 should be replaced with the following:
“Pursuant to Section 257 of the Local Government Act 2009, the powers and duties given to Council under
the Local Government Act 2009 be delegated to the Chief Executive Officer in consultation with the Mayor
as required, during the Council’s recess period from 17 December 2014 to 19 January 2015 inclusive.”
3.
Strategic Implications
3.1
Legislative/Legal Implications
In accordance with s257(4) of the Local Government Act 2009.
Local Government Regulation 2012 – Particulars to be contained in the register of delegations
(s305)
3.2
Corporate Plan / Operational Plan
Strengthening Communities: Office of the CEO - overall leadership and coordination of council
activities.
3.3
Policy Implications
N/A
3.4
Risk Management Implications
N/A
3.5
Delegated Authority Implications
The delegation be prepared and placed in Delegation Register.
3.6
Financial Implications
N/A
3.7
Economic Benefit
N/A
3.8
Environmental Implications
N/A
3.9
Social Implications
N/A
3.10 Consultation / Communication
N/A
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ITEM 1.2
ADOPTION OF AMENDED APPROVAL OF SUBDIVISION PLAN PRIOR TO
COMPLETION OF ALL SUBDIVISION WORKS POLICY - REGIONAL
Meeting / Session:
Reference:
Responsible Officer:
1 GOVERNANCE
A10219758 : 1 December 2014 - Refer Supporting Information A10219758
RG, Coordinator Executive Services (CEOs Office)
Executive Summary
This report seeks the consideration and adoption of amendments to the Approval of Subdivision Plan prior
to Completion of all Subdivision Works Policy, as appearing in the supporting information to this report.
OFFICER’S RECOMMENDATION
That Council adopt the following policy, as appearing in the supporting information to this report:
•
Approval of Subdivision Plan prior to Completion of all Subdivision Works Policy
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ITEM 1.2 ADOPTION OF AMENDED APPROVAL OF SUBDIVISION PLAN PRIOR TO COMPLETION OF ALL
SUBDIVISION WORKS POLICY - REGIONAL - A10219758 (Cont.)
REPORT DETAIL
1.
Background
The following Policy and Proforma Infrastructure Agreement and RPEQ Certificate have been amended in
consultation with relevant Council Officers and Legal Services:
•
Approval of Subdivision Plan prior to Completion of all Subdivision Works Policy
The draft amendments to the associated “proforma infrastructure agreement” and “RPEQ certificate” do
not form part of the policy and are not required to be formally adopted by Council but are included so that
Council can be fully informed.
2.
Explanation of Item
The policy was originally developed to:
(1)
(2)
(3)
establish Council’s policy position on approving a Subdivision Plan prior to the completion of all
Subdivision Works; and
ensure that certain requirements are satisfied prior to Council agreeing to the early approval of a
Subdivision Plan; and
set out the standard documentation and security requirements that are required to be completed
and lodged with Council where a development proponent is seeking Council’s approval of their
Subdivision Plan prior to completion of all Subdivision Works.
The purpose of the amendments is to reflect changes in processes associated with the transfer of
sewerage and water supply approvals from the Sustainable Planning Act to the South-East Queensland
Water (Distribution and Retail Restructuring) Act 2009 which took effect on 1 July of this year.
3.
Strategic Implications
3.1
Legislative/Legal Implications
This policy has been developed in accordance with the Local Government Act 2009, the
Sustainable Planning Act and the South-East Queensland Water (Distribution and Retail
Restructuring) Act 2009.
3.2
Corporate Plan / Operational Plan
Strengthening Communities: Office of the CEO - overall leadership and coordination of council
activities.
3.3
Policy Implications
Following adoption this policy is to be placed on Embarc and the Website.
3.4
Risk Management Implications
N/A
3.5
Delegated Authority Implications
N/A
3.6
Financial Implications
N/A
3.7
Economic Benefit
N/A
3.8
Environmental Implications
N/A
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ITEM 1.2 ADOPTION OF AMENDED APPROVAL OF SUBDIVISION PLAN PRIOR TO COMPLETION OF ALL
SUBDIVISION WORKS POLICY - REGIONAL - A10219758 (Cont.)
3.9
Social Implications
N/A
3.10 Consultation / Communication
Consultation has been carried out with the following:
•
Manager Development Services
•
Legal Services Manager
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SUPPORTING INFORMATION
Ref: A10219758
The following list of supporting information is provided for:
ITEM 1.2
ADOPTION OF AMENDED APPROVAL OF SUBDIVISION PLAN PRIOR TO COMPLETION OF ALL
SUBDIVISION WORKS POLICY - REGIONAL
#1 Policy – Approval of subdivision plan prior to completion of all subdivision works
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#1 Policy - Approval of Subdivision Plan Prior to Completion of all Subdivision Works
Policy No: 13-2150-069
Approval of Subdivision Plan Prior to Completion of all Subdivision Works
HEAD OF POWER
Local Government Act 2009
Sustainable Planning Act 2009
Sustainable Planning Regulation 2009
OBJECTIVES
The objectives of this policy are to:
(1) establish Council’s policy position on approving a Subdivision Plan prior to the completion of all
Subdivision Works; and
(2) ensure that certain requirements are satisfied prior to Council agreeing to the early approval of a
Subdivision Plan; and
(3) set out the standard documentation and security requirements that are required to be completed
and lodged with Council where a development proponent is seeking Council’s approval of their
Subdivision Plan prior to completion of all Subdivision Works.
DEFINITIONS/APPLICATION
Application
This policy applies where a development proponent is seeking Council’s approval of a Subdivision Plan
prior to completion of all Subdivision Works, except where it is contrary to either the Development
Permit or a Water Approval for the Subdivision.
Definitions*
“Approval of Subdivision Plan” - is Council’s approval of the Subdivision Plan as required by the
Approval Provisions. That approval takes the form of the signature of an authorised officer of Council
on the back of the Subdivision Plan.
“Approval Provisions” - means either of the following depending on when the development was
approved:
(i)
(ii)
Chapter 3, Part 7 of the Integrated Planning Act 1997; or
Chapter 6, Part 10 of the Sustainable Planning Act 2009 and Schedule 19 of the Sustainable
Planning Regulation 2009.
“Certificate of Completion” means a notice issued by Unitywater confirming that:
(i) the Water Connection Works have been completed and accepted on maintenance;
(ii) all conditions of the Water Approval for the Water Connection Works have been complied with; and
(iii) all fees and charges associated with the Water Approval that are owed by the Developer to
Unitywater have been paid.
“Council Administered Works” – means that component of the Subdivision Works required to be
completed pursuant to conditions of the development approval/s.
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“Early Approval of a Subdivision Plan” - means approval of the Subdivision Plan prior to completion
of all of the required Subdivision Works.
“Maintenance Bonds” - are is the financial securitiesy issued in favour of the Council and Unitywater
to secure the Developer’s performance of its obligations during the “On Maintenance Period” for the
Council Administered Works in accordance with Council’s and Unitywater’s requirements. The value of
each such security is to be calculated in accordance with Council’s and Unitywater’s requirements at
the time that the securities are accepted by Council.
“On Maintenance Period” for the Council administered works - means the period commencing when
Council accepts those aspects of the Subdivision Works on maintenance and concluding when the
Council accepts those same aspects the subdivision works off maintenance.
“Operational Works” - means as defined has the meaning given to it in schedule 3 of the Sustainable
Planning Act 2009.
“Planning Act” - means either the Integrated Planning Act 1997 or the Sustainable Planning Act 2009,
depending on the context in which it is used.
“Provisional Certificate of Completion” means a notice issued by Unitywater confirming that the
Developer has:
(i)
(ii)
provided sufficient security to Unitywater to ensure completion of all Water Connection Works and
compliance with all conditions of the Water Approval for those works; and
paid all fees and charges associated with the Water Approval that are owed by the Developer to
Unitywater.
“Reconfiguring a Lot” - means as defined has the meaning given to it in schedule 3 of the
Sustainable Planning Act 2009.
“RPEQ” - means a registered professional engineer of Queensland.
“Subdivision Plan” - has the meaning given to it in Schedule 26 of the Sustainable Planning
Regulation 2009.
“Subdivision Works” - means all works (particularly the Operational Works and the Water Connection
Works) required to be completed pursuant to conditions of the development approval/s and conditions
of any required Water Approval for a subdivision development.
“Subdivision” - means Reconfiguring a Lot.
“Unitywater” - is the entity described as the Northern SEQ Distributor-Retailer Authority in the SouthEast Queensland Water (Distribution and Retail Restructuring) Act 2009.
“Unitywater Administered Works” – means that component of the Subdivision Works required to be
completed pursuant to conditions of the Water Approval/s.
“Water Approval” – has the meaning given to it in the South-East Queensland Water (Distribution and
Retail Restructuring) Act 2009.
“Water Connection Works” – means all works associated with the provision of water supply and
wastewater infrastructure that is, or on completion will become, the property of Unitywater.
* A term not defined in this policy has the meaning given to it in the Planning Act (or its regulations), and where not
defined in the Planning Act (or its regulations) the meaning given to it in the applicable planning scheme.
POLICY STATEMENT
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Preliminary
1.1 The former Integrated Planning Act 1997 (IPA) and the current Sustainable Planning Act 2009
(SPA) provide a mechanism for an applicant to provide satisfactory security to a local government
to secure the performance of a party to the fulfilment of a condition/s of a development approval. A
similar mechanism exists in the South-East Queensland Water (Distribution and Retail
Restructuring) Act 2009 (SEQ Water Act) to secure the performance of a party to the fulfilment of
a condition/s of a Water Approval.
1.2 Council’s decision in relation to satisfactory security is discretionary, however this policy provides
for that discretion to be exercised where the requirements of this policy are satisfied.
1.3 This security will be in the form of an infrastructure agreement secured by either a cash bond or a
financial security complying with the Council’s policy on the “Provision of Financial Securities”.
Policy
2.1 It is Council’s policy to require that:
(i)
at least 50% of the Subdivision Council Administered Works for the Subdivision have been
completed;
(ii) all earthworks are completed;
(iii) where the required Subdivision Works incorporate Water Connection Works, evidence is
provided that Unitywater has issued either a Certificate of Completion or a Provisional
Certificate of Completion in respect of those Water Connection Works ;
(iv) a certificate is provided to Council from a RPEQ certifying:
at least 50% of the Subdivision Council Administered Works have been completed; and
all earthworks have been completed; and
the details and estimated costs provided in the accompanying schedule of uncompleted
Subdivision Council Administered Works as at the date of the certificate; and
that the information contained in the certificate and accompanying schedule of
uncompleted Subdivision Council Administered Works is accurate.
2.2 It is Council’s policy that the only agreement that Council will enter into is its proforma
“Infrastructure Agreement for Early Approval of Subdivision Plan” and that no amendments to that
proforma are permitted (other than any amendments made from time to time by, or with the
approval of, the Legal Services Department).
Proforma Infrastructure Agreement
3.1 A copy of the proforma “Infrastructure Agreement for Early Approval of Subdivision Plan” is a
related link to the Policy.
3.2 The infrastructure agreement includes the following requirements:
(i)
(ii)
(iii)
(iv)
satisfactory security is to be provided by the developer to cover the construction of all
uncompleted subdivision Council Administered Works;
that financial security is in a form that satisfies Council’s policy on the “Provision of Financial
Securities” or is provided as a cash bond;
that contracts have been awarded for all uncompleted subdivision Council Administered
Works; and
that all subdivision Council Administered Works will be completed within 3 months of the
date of the infrastructure agreement, unless otherwise provided.
Financial Security for construction of all uncompleted Subdivision Council Administered Works
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4.1 The value of the financial security to be lodged with Council for construction of all uncompleted
subdivision Council Administered Works is to be no less than the estimated cost to complete all of
those uncompleted subdivision works plus an additional 25%. Where that equates to less than
$5,000 or the value of the Maintenance Bond, the value of the security to be provided is to be the
greater of the value of the Maintenance Bond and $5,000.
4.2 The financial security provided for the uncompleted Subdivision Council Administered Works will
not be released until the following has occurred:
(i)
(ii)
(iii)
the uncompleted Subdivision Council Administered Works have been completed to
Council’s satisfaction;
the Developer’s Obligations in the “Infrastructure Agreement for Early Approval of
Subdivision Plan” have been satisfied; and
the Developer has provided to Council (subject to clause 4.3 below) a Maintenance Bond in
favour of Council and, if the subdivision works involve a community water supply or
sewerage system, a separate Maintenance Bond in favour of Unitywater for that water and
sewerage component (to be administered by Council).
4.3 Alternatively, the Developer can elect not to have the financial security provided for the
uncompleted subdivision Council Administered Works released and instead have that security
reduced to the value of the Maintenance Bond required by Council and, where a community water
supply or sewerage system has been constructed, provide a separate Maintenance Bond in
favour of Unitywater for that water and sewerage component, which will be administered by
Council.
4.4 All financial securities, except cash bonds, must comply with Council’s policy on the “Provision of
Financial Securities”.
Previous non-compliant applicants
5.1 Notwithstanding the above, it is Council’s practice that early approval of a Subdivision Plan may
not be available to those applicants who have previously not complied with the
obligations/undertakings in relation to the early approval of a Subdivision Plan.
5.2 For those applicants, any request for early approval of a Subdivision Plan will be considered on a
case by case basis and determined in Council’s absolute discretion.
5.3 Additional requirements, in Council’s absolute discretion, may be required for those applicants.
5.4 Applicants should seek advice from the Council on any additional requirements it may require in
this respect before lodging the request.
REVIEW TRIGGERS
This policy is reviewed internally for applicability, continuing effect and consistency with related
documents and other legislative provisions when any of the following occurs:
(1) The related documents are amended.
(2) The related documents are replaced by new documents.
(3) Amendments which affect the allowable scope and effect of a policy of this nature are made to the
head of power.
(4) Other circumstances as determined from time to time by a resolution of Council.
Notwithstanding the above, this policy is to be reviewed at least once every two years for relevance
and to ensure that its effectiveness is maintained.
RESPONSIBILITY
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This Policy is to be:
(1) implemented by the Manager Development Services; and
(2) reviewed and amended in accordance with the "Review Triggers" by the Manager Development
Services in consultation with the Legal Services Department.
VERSION CONTROL
Council Resolution number
13/1395
Date
6 August 2013
Related Links:
x Proforma “Infrastructure Agreement for Early Approval of Subdivision Plan” (with schedules and
annexures)
x Policy No 11-2150-23 “Provision of Financial Securities”
x Council’s standard terms documents for registering an easement (Dealing Nos. 702748303 and
713427522)
x Schedule 2 – RPEQ Certificate
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<Developer’s name INCLUDING acn OR abn>
AND
MORETON BAY REGIONAL COUNCIL
ABN 92 967 232 136
INFRASTRUCTURE AGREEMENT
FOR EARLY APPROVAL OF SUBDIVISION PLAN
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Contents
1.
Definitions and Interpretation
2.
Infrastructure Agreement
3.
Developer’s Obligations
4.
Indemnity
5.
Council’s Obligations
6.
Waiver
7.
Costs and Outlays
8.
Notices
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AGREEMENT DATE
This Agreement is made the
PARTIES
day of
20 between:
Moreton Bay Regional Council ABN 92 967 232 136
of 220 Gympie Road, Strathpine in the State of Queensland (“the Council”)
1.1
AND
<Developer’s name > ACN <Developer’s ACN>
of <Developer’s address>, in the State of <Insert State> (“the Developer”)
Introduction
B.
The Developer is the Owner of the Land or is entitled to become the owner of the land.
C.
Development approvals have been issued by Council in respect of the Land. A list of those
approvals is set out in Schedule 1 to this Agreement.
D.
The Developer has provided a certificate from an RPEQ certifying that at least fifty percent (50%)
of the Subdivision Council Administered Works have been completed; that all of the earthworks
have been completed; the estimated cost of the uncompleted Subdivision Council Administered
Works; and that the information in the certificate and the accompanying schedule is accurate. A
copy of that certificate is contained in Schedule 2 to this Agreement.
E.
<Insert one of the following:
The required Subdivision Works do not incorporate Water Connection Works
or
The Developer has provided evidence of either a Certificate of Completion or a Provisional
Certificate of Completion issued by Unitywater in respect of the Unitywater Administered Works. A
copy of the relevant Certificate is contained in Schedule 4 to this Agreement.>
F.
In accordance with Council’s policy (Approval of Subdivision Plan prior to Completion of all
Subdivision Works), Council is prepared to approve the Subdivision Plan and to accept security to
secure the Developer’s performance of its obligations on the terms set out in this Agreement.
G.
The parties have agreed to enter into this infrastructure agreement.
It is agreed:
1.
Definitions and interpretation
1.1
Definitions
In this Agreement, unless the context otherwise requires:
“Act” means the Sustainable Planning Act 2009 and, where applicable, the repealed Integrated
Planning Act 1997, and all subordinate legislation made under those Acts;
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“Agreement” means this Agreement, any amendment to this Agreement and includes the
schedules, plans, maps, tables, drawings, annexures and documents identified in it or incorporated
by reference in it;
“Business Day” means a day that is not a Saturday, Sunday or any other day which is a public
holiday or a bank holiday in the place where an act is to be performed or a payment is to be made;
“Certificate of Completion” means a notice issued by Unitywater confirming that:
(i)
the Water Connection Works have been completed and accepted on maintenance;
(ii)
all conditions of the Water Approval for the Water Connection Works have been complied
with; and
(iii)
all fees and charges associated with the Water Approval that are owed by the Developer to
Unitywater have been paid;
“Commencement Date” means the date that this Agreement is made;
“Council” means Moreton Bay Regional Council ABN 92 967 232 136 and includes its
predecessors, successors, transferees and assignees;
“Council Administered Works” – means that component of the Subdivision Works required to
be completed pursuant to conditions of the development approval/s;
“Developer” means <Developer’s Name> ACN <ACN No.> and includes the corporation, its
predecessors, successors, transferees and assignees;
“Early Approval of a Subdivision Plan” means approval of the Subdivision Plan prior to
completion of all of the required Subdivision Works;
“Land” means the land described as <RPD>, Parish of <Parish> located at <street address>, in
the State of Queensland;
“Notice” means any certificate, demand or notice to be made, given or served by a party under
this document;
“Maintenance Bonds” are is the financial securitiesy issued in favour of the Council and
Unitywater to secure the Developer’s performance of its obligations during the On Maintenance
Period for the Council Administered Works in accordance with Council’s and Unitywater’s
requirements. The value of each such security is to be calculated in accordance with Council’s
and Unitywater’s requirements in place at the time that the securities are accepted by Council;
“On Maintenance Period” for the Council Administered Works means the period commencing
when Council accepts those aspects of the Subdivision Works on maintenance and concluding
when the Council accepts those same aspects the Subdivision Works off maintenance;
“Owner” means the registered owner of the Land;
“Planning Scheme” means the planning scheme applicable to that part of Council’s local
government area in which the Land is located;
“Provisional Certificate of Completion” means a notice issued by Unitywater confirming that the
Developer has:
(iii) provided sufficient security to Unitywater to ensure completion of all Water Connection Works
and compliance with all conditions of the Water Approval for those works; and
COORDINATION COMMITTEE MEETING
9 December 2014
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Moreton Bay Regional Council
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9 December 2014
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(iv) paid all fees and charges associated with the Water Approval that are owed by the Developer
to Unitywater;
“RPEQ” means a registered professional engineer of Queensland;
“Subdivision Plan” has the meaning given to it in Schedule 26 of the Sustainable Planning
Regulation 2009, and a copy of which is included in Schedule 3 of this Agreement;
“Subdivision Works” means all works (particularly the operational works and the Water
Connection Works) required to be completed pursuant to the conditions of the development
approval/s listed in Schedule 1 and conditions of any required Water Approval.
“Unitywater” - is the entity described as the Northern SEQ Distributor-Retailer Authority in the
South-East Queensland Water (Distribution and Retail Restructuring) Act 2009.
“Unitywater Administered Works” – means that component of the Subdivision Works required
to be completed pursuant to conditions of the Water Approval/s.
“Water Approval” – has the meaning given to it in the South-East Queensland Water
(Distribution and Retail Restructuring) Act 2009.
“Water Connection Works” – means all works associated with the provision of water supply
and wastewater infrastructure that is, or on completion will become, the property of Unitywater.
1.1.1 1.2 Other expressions
If a term is not defined in this document, it shall, unless the context otherwise requires, have the
meaning given to it by:
2.
(a)
the Act; or
(b)
the Planning Scheme in the absence of a definition in the Act; or
(c)
the Macquarie Dictionary in the absence of a definition in the Act and the Planning Scheme.
1.3
Commencement
This Agreement commences on the Commencement Date.
2.1.1 1.4 Application of Law
This Agreement is to be interpreted in accordance with the law of the State of Queensland. Each
party submits to the jurisdiction of the Courts of Queensland and all courts of appeal from them.
1.5
Parties
1.5.1
If a party consists of more than 1 person, this Agreement binds each of them separately
and any 2 or more of them jointly.
1.5.2
An obligation, representation or warranty in favour of more than 1 person is for the benefit
of them separately and jointly.
1.5.3
A party which is a trustee is bound both personally and in its capacity as a trustee.
2.
Infrastructure Agreement
2.1
The Parties agree that this Agreement is an Infrastructure Agreement for the purposes of section
660 of the Act.
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9 December 2014
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Moreton Bay Regional Council
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9 December 2014
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2.2
The development obligations under this Agreement attach to the Land and are binding on the
Developer, the owner where the owner has consented, and the owner’s successors in title of the
Land.
2.3
For the purposes of section 661(1)(a) of the Act, the development obligations are not to be
affected by a change in the ownership of the Land.
3.
Developer’s Obligations
3.1
In consideration of the Council approving the Subdivision Plan, the Developer agrees that:
(a)
all Council Administered Subdivision Works will be completed to Council’s satisfaction
within three (3) months of the date that the Council approves the Subdivision Plan; and
(b)
all transfers of land and interests in land to the Council must be free of encumbrances and
registered in the Titles Office at the same time as the Subdivision Plan is registered and at
no cost to the Council; and
(c)
during the On Maintenance Period, the Council Administered Subdivision Works will be
maintained and any defects for which the Developer is responsible will be remedied in
accordance with Council’s requirements.
3.2
To secure to the Council the due fulfillment of the Developer’s obligations under this Agreement,
the Developer must provide to Council at the time of signing this Agreement, a financial security,
the value of which is to be no less than the estimate of the cost of completing all of the
uncompleted Council Administered Subdivision Works as certified in Schedule 2, plus twenty-five
percent (25%). Where that equates to less than $5,000 or the value of the Maintenance Bond, the
value of the security to be provided is to be the greater of the value of the Maintenance Bond and
$5,000.
3.3
The above security must comply with Council’s policy No 11-2150-23 “Provision of Financial
Securities”. Where the security takes the form of a cash bond, the Developer acknowledges that
no interest shall accrue or be payable.
3.4
The Developer acknowledges and agrees that the security will be released by Council as set out
in this Agreement.
3.5
The Developer acknowledges that Council will not release the security until the Developer has
provided the Maintenance Bonds and the Developer agrees to provide the Maintenance Bonds
prior to, or at the time of, commencement of the On Maintenance Period.
3.6
The Developer acknowledges and agrees that, if it should fail to complete all Council
Administered Subdivision Works within the time set out in this Agreement, then the Council is
entitled to the monies comprising, or mentioned in, the financial security and that the Council may
spend the monies to complete the Subdivision those Council Administered Works (or any part
thereof) and to remedy any defects which become evident during the On Maintenance Period.
3.7
The Developer undertakes that it will not interfere with the recovery by Council of monies from the
security notwithstanding the existence of any dispute between the Council and the Developer.
4.
Indemnity
4.1
The Developer agrees that, at all times, it indemnifies the Council against all actions, proceedings,
liability, claims, damages, costs and expenses of any nature whatsoever which may arise directly
or indirectly from any incorrect or misleading information contained in the certificate/s in schedule
2 and schedule 4 or from the Developer’s failure to comply with its obligations under this
Agreement.
COORDINATION COMMITTEE MEETING
9 December 2014
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Moreton Bay Regional Council
COORDINATION COMMITTEE MEETING
9 December 2014
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5.
Council’s Obligations
5.1
Upon commencement of this Agreement, and the Developer providing the security required in
clause 3.2 of this Agreement, the Council agrees to take all necessary steps to approve the
Subdivision Plan.
5.2
Council will release the security provided in clause 3.2 of this Agreement when each of the
following has occurred:
(a)
all Council Administered Subdivision Works have been completed and the On
Maintenance Period has commenced;
(b)
the Developer has provided to Council all “as constructed” drawings and flood drainage
plans, and all other documentation as required by the relevant Planning Scheme and
development approvals;
(c)
all transfers of land or interests to the Council and all dedications of land have been duly
registered in the Titles Office; and
(d)
the Developer has provided to Council a Maintenance Bond in favour of Council and, if
the Subdivision Works involve a community water supply or sewerage system, a separate
Maintenance Bond in favour of Unitywater for that water and sewerage component (to be
administered by Council).
5.3
Council agrees that, as an alternative to 5.2(d) above, the Developer can elect not to have the
security provided in clause 3.2 of this Agreement released and instead have that security reduced
to the value of the Maintenance Bond required by Council and, where a community water supply
or sewerage system has been constructed, provide a separate Maintenance Bond in favour of
Unitywater for that water and sewerage component, which will be administered by Council.
6.
Waiver
No waiver by either party of a breach by the other party of any of the provisions of this agreement
is to be implied, or be otherwise effected, unless written notice has been given to that effect.
Delay by a party in enforcing any of its rights does not prejudice those rights.
7.
Costs and outlays
Each party must pay its own costs and outlays connected with the negotiation, preparation and
execution of this Agreement.
8.
Notices
8.1
A notice given by a party may be signed by an officer of that party or the solicitor for that party. A
party receiving a notice is not obliged to enquire as to the authority of the person signing the
notice. A notice must be in writing and is treated as being duly given if it is:
8.2
(a)
left at the other party’s address; or
(ii)
sent by pre-paid mail to the other party’s address; or
(iii)
transmitted by facsimile to, and received by, the other party’s facsimile facility; or
(iv)
sent by e-mail to the other party’s contact e-mail address.
A notice given in accordance with clause 8.1 is treated as having been duly received:
(a) when delivered (if left at the party’s address); or
COORDINATION COMMITTEE MEETING
9 December 2014
PAGE 22
Agenda
Moreton Bay Regional Council
COORDINATION COMMITTEE MEETING
9 December 2014
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8.3
(b)
two (2) Business Days after posting, if sent by pre-paid mail; or
(c)
on receipt of confirmation on the sender’s facsimile facility that the facsimile has been
successfully transmitted; or
(d)
on receipt of confirmation on the sender’s e-mail facility that the e-mail has been
successfully sent.
For the purposes of clauses 8.1 and 8.2, the address and facsimile number of a party is the
address and number set out below or another address or number of which a party may from time
to time advise the other.
Party
Moreton Bay Regional
Council
Address
P O Box 159
Caboolture Qld 4510
Facsimile No.
(07) 5433 2193
OR
2 Hasking Street
Caboolture Qld 4510
<insert Developer’s details>
COORDINATION COMMITTEE MEETING
9 December 2014
PAGE 23
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Moreton Bay Regional Council
COORDINATION COMMITTEE MEETING
9 December 2014
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EXECUTED AS AN AGREEMENT.
SIGNED ON BEHALF OF
MORETON BAY REGIONAL COUNCIL
BY
THE DELEGATED OFFICER
THEREOF.
____________________________
DELEGATED OFFICER
[Developer to insert appropriate signing clause
that complies with the Corporations Act 2001 or
the Company’s constitution]
COORDINATION COMMITTEE MEETING
9 December 2014
____________________________
PAGE 24
Agenda
Moreton Bay Regional Council
COORDINATION COMMITTEE MEETING
9 December 2014
PAGE 25
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SCHEDULE 1
LIST OF DEVELOPMENT APPROVALS
COORDINATION COMMITTEE MEETING
9 December 2014
PAGE 25
Agenda
Moreton Bay Regional Council
COORDINATION COMMITTEE MEETING
9 December 2014
PAGE 26
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SCHEDULE 2
COORDINATION COMMITTEE MEETING
9 December 2014
RPEQ Certificate
PAGE 26
Agenda
Moreton Bay Regional Council
COORDINATION COMMITTEE MEETING
9 December 2014
PAGE 27
Agenda
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SCHEDULE 3
SCHEDULE 4
Subdivision Plan
Unitywater Certificate
<
COORDINATION COMMITTEE MEETING
9 December 2014
PAGE 27
Agenda
Moreton Bay Regional Council
COORDINATION COMMITTEE MEETING
9 December 2014
2 PLANNING & DEVELOPMENT SESSION
PAGE 28
Agenda
(Cr Mick Gillam)
ITEM 2.1
MINSTERIAL DIRECTION UNDER THE SUSTAINABLE PLANNING ACT 2009 REGIONAL
Meeting / Session:
Reference:
Responsible Officer:
2 PLANNING & DEVELOPMENT
A10236468 : 3 December 2014 - Refer Supporting Information A10237417
AM, Manager Executive Services (CEOs Office)
Executive Summary
This report outlines correspondence received from the Deputy Premier directing Council to remove any
assumption about “theoretical sea level rise due to climate change” from all and any provisions of the
Council’s proposed planning scheme.
OFFICER’S RECOMMENDATION
That Council note the contents of the direction given by the Deputy Premier and the consequent
implications for the proposed Moreton Bay Region Planning Scheme.
COORDINATION COMMITTEE MEETING
9 December 2014
PAGE 28
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Moreton Bay Regional Council
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9 December 2014
PAGE 29
Agenda
ITEM 2.1 MINSTERIAL DIRECTION UNDER THE SUSTAINABLE PLANNING ACT 2009 - REGIONAL - A10236468
(Cont.)
REPORT DETAIL
1.
Background
Council released its proposed planning scheme for community consultation in July and August 2014.
During this public notification period, the majority of submissions about the planning scheme related to
flooding and coastal hazards.
Subsequently, Council was twice requested to meet with the Deputy Premier, Minister for State
Development, Infrastructure and Planning. At these meetings, the Deputy Premier indicated his concerns
with the inclusion of climate change factors in the proposed planning scheme and an assumed sea level
rise of .8m to the year 2100 in particular. Council noted the Deputy Premier’s concerns, but indicated the
inclusion of climate change factors, including sea level rise, based on the best scientific and technical
information available to the Council was necessary in order to protect the Council against legal liability.
These issues were outlined in a letter to the Deputy Premier from Council dated 15 October 2014.
The Deputy Premier subsequently entered into correspondence which ultimately resulted in him issuing a
direction to the Council under section 126 of the Sustainable Planning Act 2009 (Act), dated 28 November
2014. Pursuant to this direction, the Council is required to remove any assumption about “a theoretical sea
level rise due to climate change” from all and any provisions of the proposed planning scheme.
2.
Explanation of Item
As outlined in the attached correspondence, the State Government has directed Council to remove any
assumption about a theoretical sea level rise due to climate change from all and any provisions of the draft
planning scheme.
The Council is obliged to comply with a lawful direction given under section 126 of the Act. In complying
with the direction given by the Deputy Premier, the Council will be absolved from liability in any legal
action based on its failure to include the climate change factors referred to in the direction in its planning
scheme. Complying with the direction would not absolve the Council from liability in any legal action based
on a failure to properly identify and provide for, (by refusal or conditions), the impacts of coastal hazards
when making decisions on development applications affected by such hazards, (development assessment
risk).
On 25 November 2014 the state introduced the draft Planning and Development Bill 2014 into State
Parliament. The State purports that once commenced, this Bill will address the development assessment
risk.
Legal advice on whether the Bill effectively addresses the development assessment risk is currently being
sought through the Local Government Association of Queensland (LGAQ). It is understood the Bill is
scheduled to pass in March 2015 for commencement in October 2015.
Meanwhile, Council is advised that the Deputy Premier’s direction gives rise to a number of issues that
require clarification and/or confirmation from the state, namely:
•
The term “state wide coastal mapping” requires clarification to confirm the exact maps, the
assumptions underpinning them, the nexus with Council’s flood mapping and the timeframe for
their release (which may impact on Council’s ability to meet the compliance deadline).
•
The request to refer any amendments to the Deputy Premier prior to undertaking further public
consultation needs clarification in terms of timeframes and the scope of the review.
•
Clarification is needed to confirm the impacts of the Bill will not come into effect until October
2015, and therefore Council will 1) continue to finalise its planning scheme under the Sustainable
Planning Act 2009, and 2) be required to retain theoretical sea level rise in development
assessment considerations until the date of commencement.
COORDINATION COMMITTEE MEETING
9 December 2014
PAGE 29
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Moreton Bay Regional Council
COORDINATION COMMITTEE MEETING
9 December 2014
PAGE 30
Agenda
ITEM 2.1 MINSTERIAL DIRECTION UNDER THE SUSTAINABLE PLANNING ACT 2009 - REGIONAL - A10236468
(Cont.)
•
Council should also seek to highlight it is planning a detailed community consultation and
engagement strategy – albeit somewhat delayed due to the impact of the state’s decisions.
Council should also outline it will be making information about theoretical sea level rise available
to the community, although it will not be a mandatory requirement of the scheme.
3.
Strategic Implications
3.1
Legislative/Legal Implications
There are no specific legal/legislative implications flowing from the recommendations contained in
this report.
The Council has obtained legal advice about the effect of the Deputy Premier’s direction on the
Council’s risk of liability.
3.2
Corporate Plan / Operational Plan
Strengthening Communities: Development Assessment - assessment of development applications
and provision of development advice.
3.3
Policy Implications
N/A
3.4
Risk Management Implications
Removing any assumption about a theoretical sea level rise due to climate change from all and any
provisions of the planning scheme may cause concern to those residents who support the
internationally accepted beliefs regarding climate change. To address this, Council will be making
information about theoretical sea level rise available to the community, although it will not be a
mandatory requirement of the planning scheme.
3.5
Delegated Authority Implications
N/A
3.6
Financial Implications
The additional costs involved in reworking and readvertising the draft planning scheme will be
covered within existing operational costs.
3.7
Economic Benefit
N/A
3.8
Environmental Implications
Removing any assumption about a theoretical sea level rise due to climate change from all and any
provisions of the planning scheme may cause concern to those residents who support the
internationally accepted beliefs regarding climate change. To address this, Council will be making
information about theoretical sea level rise available to the community, although it will not be a
mandatory requirement of the planning scheme.
3.9
Social Implications
Removing any assumption about a theoretical sea level rise due to climate change from all and any
provisions of the planning scheme may cause concern to those residents who support the
internationally accepted beliefs regarding climate change. To address this, Council will be making
information about theoretical sea level rise available to the community, although it will not be a
mandatory requirement of the planning scheme.
3.10 Consultation / Communication
Consultation has taken place with strategic planning, legal services and communication services.
Council is planning a detailed community consultation and engagement strategy – albeit somewhat
delayed due to the impact of the state’s decisions.
COORDINATION COMMITTEE MEETING
9 December 2014
PAGE 30
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Moreton Bay Regional Council
COORDINATION COMMITTEE MEETING
9 December 2014
PAGE 31
Agenda
SUPPORTING INFORMATION
Ref: A10237417
The following list of supporting information is provided for:
ITEM 2.1
MINSTERIAL DIRECTION UNDER THE SUSTAINABLE PLANNING ACT 2009 - REGIONAL
#1 Correspondence from the Deputy Premier
COORDINATION COMMITTEE MEETING
9 December 2014
PAGE 31
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Moreton Bay Regional Council
COORDINATION COMMITTEE MEETING
9 December 2014
PAGE 32
Agenda
,7(00,167(5,$/',5(&7,2181'(57+(6867$,1$%/(3/$11,1*$&75(*,21$/&RQW
#1 Correspondence from the Deputy Premier
COORDINATION COMMITTEE MEETING
9 December 2014
PAGE 32
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Moreton Bay Regional Council
COORDINATION COMMITTEE MEETING
9 December 2014
PAGE 33
Agenda
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COORDINATION COMMITTEE MEETING
9 December 2014
PAGE 33
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Moreton Bay Regional Council
COORDINATION COMMITTEE MEETING
9 December 2014
PAGE 34
Agenda
,7(00,167(5,$/',5(&7,2181'(57+(6867$,1$%/(3/$11,1*$&75(*,21$/&RQW
COORDINATION COMMITTEE MEETING
9 December 2014
PAGE 34
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Moreton Bay Regional Council
COORDINATION COMMITTEE MEETING
9 December 2014
3 CORPORATE SERVICES SESSION
PAGE 35
Agenda
(Cr Bob Millar)
No items for consideration.
4 ASSET CONSTRUCTION & MAINTENANCE SESSION
(Cr Peter Flannery)
No items for consideration.
COORDINATION COMMITTEE MEETING
9 December 2014
PAGE 35
Agenda
Moreton Bay Regional Council
COORDINATION COMMITTEE MEETING
9 December 2014
5 PARKS, RECREATION & SPORT SESSION
PAGE 36
Agenda
(Cr Gary Parsons)
ITEM 5.1
REGISTER OF PREQUALIFIED SUPPLIERS FOR SPORTS FIELD IRRIGATION 2014-15 - REGIONAL
Meeting / Session:
Reference:
Responsible Officer:
5 PARKS, RECREATION & SPORT
A10106639 24 October, 2014 - Refer Confidential Supporting Information
A10179639, A10179637, A10179636 & A10179638
PR, Team Leader Parks Technical Services (ECM Operations)
Executive Summary
A register of prequalified suppliers has been prepared for the supply of sports field irrigation services
throughout the Moreton Bay Regional Council (MBRC) area for the 2014/15 financial year. Council called
tenders (schedule of rates) for the panel, which closed on 5 August 2014. Council received four (4)
conforming tender submissions and following assessment, it is recommended that:
Three (3) suppliers be appointed to separable portion one (1) - Labour
Three (3) suppliers be appointed to separable portion two (2) - Materials
Three (3) suppliers be appointed to separable portion three (3) - Maintenance inspections
Two (2) suppliers be appointed to separable portion four (4) – Audit
OFFICER’S RECOMMENDATION
1.
That Council accept submissions from the suppliers listed below, and in so doing, appoints the
same suppliers to Council’s 2014/15 register of prequalified suppliers for sports field irrigation separable portion one (1) Labour
a)
b)
c)
2.
That Council accept submissions from the suppliers listed below, and in so doing, appoints the
same suppliers to Council’s 2014/15 register of prequalified suppliers for sports field irrigation separable portion two (2) Materials
a)
b)
c)
3.
Craig’s Irrigation
Project Irrigation
Turf Irrigation Services
That Council accept submissions from the suppliers listed below, and in so doing, appoints the
same suppliers to Council’s 2014/15 register of prequalified suppliers for sports field irrigation separable portion three (3) Maintenance Inspections
a)
b)
c)
4.
Craig’s Irrigation
Project Irrigation
Turf Irrigation Services
Craig’s Irrigation
Dig it Landscapes
Turf Irrigation Services
That Council accept submissions from the suppliers listed below, and in so doing, appoints the
same suppliers to Council’s 2014/15 register of prequalified suppliers for sports field irrigation separable portion four (4) Audit
a)
b)
Project Irrigation
Turf Irrigation Services
COORDINATION COMMITTEE MEETING
9 December 2014
PAGE 36
Agenda
Moreton Bay Regional Council
COORDINATION COMMITTEE MEETING
9 December 2014
PAGE 37
Agenda
ITEM 5.1 REGISTER OF PREQUALIFIED SUPPLIERS FOR SPORTS FIELD IRRIGATION - 2014-15 - REGIONAL A10106639 (Cont.)
REPORT DETAIL
1.
Background
The adoption and implementation of the Community Leasing Policy has resulted in an increase of
approximately 40% in sports field maintenance responsibilities in the central and southern parts of the
Council region. The appointment of the panel is required to mitigate risk on availability of contractors to
meet demand for auditing and maintaining existing and newly acquired sites. The appointment of the
panel will also streamline procurement, ensuring adherence to relevant process and purchasing
thresholds, as outlined in the Corporate Procurement Policy.
The register of prequalified suppliers will enable access to competitive rates to carry out works under
Council’s maintenance and renewal programs. The arrangement formed with each company appointed as
a prequalified supplier will be based on a schedule of rates.
2.
Explanation of Item
Tenders were advertised on 30 June 2014 and closed on 5 August 2014, with a total of four (4) conforming
tenders received. Tenderers were provided the opportunity to price works as separable portions. The
tenders were assessed by the tender assessment panel in accordance with Council’s Purchasing Policy
and the selection criteria set out in the tender documents.
The following tables list the results of the tender submissions based on a weighted score achieved
through assessment.
Separable Portion 1 – Labour (rates for irrigation certified tradesperson, trade assistants, electrician and
machinery)
Rank
1
2
3
4
Tenderers for Separable Portion 1 – Labour
Craig’s Irrigation
Project Irrigation
Turf Irrigation Services
Dig It Landscapes
Evaluation Score
100
90.25
81.46
76.73
Prior to 2014/15, Council did not have a panel for these services, but with the acquisition of additional
sports fields under the land tenure agreement, it is recommended that three (3) contractors be appointed
for Separable Portion 1.
Separable Portion 2 – Materials (priced matrix of highly utilised fittings and components common in the
MBRC network and required for maintenance)
Rank
1
2
3
4
Tenderers for Separable Portion 2 - Materials
Craig’s Irrigation
Project Irrigation
Turf Irrigation Services
Dig It Landscapes
Evaluation Score
100
90.25
81.46
76.73
Prior to 2014/15, Council did not have a panel for these services, but with the acquisition of additional
sports fields under the land tenure agreement, three (3) contractors are recommended for Separable
Portion 2.
Separable Portion 3 – Maintenance inspections (Inspections relate to a scheduled program, as well as
monitoring and reporting on the performance of irrigation systems for repairs or renewal)
Rank
1
2
Tenderer for Separable Portion 3 –
Maintenance inspections
Craig’s Irrigation
Turf Irrigation Services
COORDINATION COMMITTEE MEETING
9 December 2014
Evaluation Score
98.88
87.83
PAGE 37
Agenda
Moreton Bay Regional Council
COORDINATION COMMITTEE MEETING
9 December 2014
PAGE 38
Agenda
ITEM 5.1 REGISTER OF PREQUALIFIED SUPPLIERS FOR SPORTS FIELD IRRIGATION - 2014-15 - REGIONAL A10106639 (Cont.)
Rank
3
4
Tenderer for Separable Portion 3 –
Maintenance inspections
Dig It Landscapes
Project Irrigation
Evaluation Score
86.76
38.87
Prior to 2014/15, Council did not have a panel for these services, but with the acquisition of additional
sports fields under the land tenure agreement, three (3) contractors are recommended for Separable
Portion 3.
Separable Portion 4 – Audit (Total system audit including wiring, pumps, filters, valves, pressure testing
and all other related irrigation infrastructure and hardware)
Only two (2) of the (4) four conforming suppliers submitted for separable portion four (4) audit.
Rank
1
2
Tenderer for Separable Portion 3 - Inspections
Project Irrigation
Turf Irrigation Services
Evaluation Score
92.00
90.33
Prior to 2014/15, Council did not have a panel for these services, but with the acquisition of additional
sports fields under the land tenure agreement, two (2) contractors are recommended for Separable
Portion 4.
3.
Strategic Implications
3.1
Legislative/Legal Implications
Council called a public tender for the work through the LG Tender system. The tender process was
conducted in accordance with Local Government Regulation 2009.
Procurement Services have provided advice on the format for the contractual arrangement which
will be adopted with the appointed tenderers.
3.2
Corporate Plan / Operational Plan
Enabling Services: Infrastructure delivery - construction of council infrastructure.
3.3
Policy Implications
This contract has been procured in accordance with the provisions of the following documents:
•
•
•
Council’s Procurement Policy 10-2150-006
Local Government Act 2009
Local Government Regulation 2012 Chapter 6.
3.4
Risk Management Implications
The tenderers have been assessed according to Council’s Procurement Policy and Procedures.
The increase in the MBRC sports field network, due to the Community Leasing Policy, will stretch
the capacity of one provider to deliver all services. Therefore, to mitigate this risk, it is
recommended that multiple suppliers be appointed to the relevant separable portions.
3.5
Delegated Authority Implications
Following adoption of the recommendation, approval of subsequent purchase orders and day-today management of the contractors will be delegated to the relevant operations officers.
COORDINATION COMMITTEE MEETING
9 December 2014
PAGE 38
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Moreton Bay Regional Council
COORDINATION COMMITTEE MEETING
9 December 2014
PAGE 39
Agenda
ITEM 5.1 REGISTER OF PREQUALIFIED SUPPLIERS FOR SPORTS FIELD IRRIGATION - 2014-15 - REGIONAL A10106639 (Cont.)
3.6
Financial Implications
Provision has been made under the following budgets for the tendered works:
•
Boardman Oval Soccer Irrigation Renewal – $80,000 (Activity Number 42875);
•
Caboolture Rugby League Irrigation Renewal – $10,000 (Activity Number 46869);
•
AJ Kelly Soccer Irrigation Renewal – $55,000 (Activity Number 46870);
•
Dayboro R/League Irrigation Renewal – $30,000 (Activity Number 45239);
•
Sports field irrigation maintenance – in excess of $150,000 (Activity Number 20439)
Work will be undertaken using these budget amounts for the five specified projects.
3.7
Economic Benefit
With the appointment of the prequalified suppliers, Council will be able to deliver maintenance and
renewal programs in a cost effective manner.
3.8
Environmental Implications
All recommended providers have environmental management systems in place which are designed
to reduce the impact of their business on the environment. The successful tenderers will be subject
to the same State and Federal environmental legislation that regulates Council’s park maintenance
activities.
3.9
Social Implications
Well-maintained community sport and recreation facilities encourage communities to participate in
outdoor activities, with a positive impact on health and wellbeing.
3.10 Consultation / Communication
Council practice for all works include requirements for advanced notice to internal and external
stakeholders including sporting clubs and the community. Divisional Councillors are provided
regular copies of programs and a works notification is installed onsite prior to commencement of
work.
COORDINATION COMMITTEE MEETING
9 December 2014
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Moreton Bay Regional Council
COORDINATION COMMITTEE MEETING
9 December 2014
PAGE 40
Agenda
SUPPORTING INFORMATION
Ref: A10179639, A10179637, A10179636 & A10179638
The following list of supporting information is provided for:
ITEM 5.1
REGISTER OF PREQUALIFIED SUPPLIERS FOR SPORTS FIELD IRRIGATION - 2014-15 REGIONAL
Confidential #1 Tender Evaluation – Separable Portion 1 - Labour
Confidential #2 Tender Evaluation - Separable Portion 2 - Materials
Confidential #3 Tender Evaluation - Separable Portion 3 - Maintenance inspections
Confidential #4 Tender Evaluation - Separable Portion 4 - Audit
COORDINATION COMMITTEE MEETING
9 December 2014
PAGE 40
Agenda
Moreton Bay Regional Council
COORDINATION COMMITTEE MEETING
9 December 2014
6 LIFESTYLE & AMENITY SESSION
PAGE 45
Agenda
(Cr Julie Greer)
ITEM 6.1
GREEN ARMY PROJECTS WITHIN THE MORETON BAY REGIONAL COUNCIL
AREA - REGIONAL
Meeting / Session:
Reference:
Responsible Officer:
6 LIFESTYLE & AMENITY
A9997627: 1 December 2014 - Refer Supporting Information A10220213
SP, Environment Officer (CES Environmental Planning & Compliance)
Executive Summary
Council is required to approve Green Army projects proposed on Council owned or managed land before
projects can commence. The Green Army programme employs Australians aged 17 to 24 years who will
gain training and experience in the fields of environmental and heritage conservation.
OFFICER’S RECOMMENDATION
1.
That Council approve the Green Army projects to be conducted on Council owned or managed
land, as described in the Supporting Information to this item.
2.
That Council authorise the Chief Executive Officer to enter into a legal agreement with the Federal
Government for Green Army projects where Council is the project sponsor, as described in the
Supporting Information to this item.
COORDINATION COMMITTEE MEETING
9 December 2014
PAGE 45
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Moreton Bay Regional Council
COORDINATION COMMITTEE MEETING
9 December 2014
PAGE 46
Agenda
ITEM 6.1 GREEN ARMY PROJECTS WITHIN THE MORETON BAY REGIONAL COUNCIL AREA - REGIONAL A9997627 (Cont.)
REPORT DETAIL
1.
Background
The Federal Government, in the context of the 2013 election, committed to establish the Green Army
programme. Each Green Army team will work on activities such as plant propagation, weeding,
revegetation and maintenance, in projects lasting 20 to 26 weeks.
Each Green Army project must be carried out on a site and have a project work plan which meets the
Green Army Project criteria (i.e. has a community and environment or heritage benefit); and consists of a:
1.
2.
3.
Project sponsor: a Local Government, community group, or natural resource management
organisation;
Service provider: contracted by the Federal Government to recruit, deploy, pay and supervise
Green Army teams;
Green Army Team: consisting of one supervisor and nine program participants.
At Council’s workshop held 6 May 2014, proposed projects submitted to the Federal Government during
the ‘pre-election’ campaign were discussed. Proposed projects for 2014/2015 are:
Project and Location
Land Tenure
Project Sponsor
1
South Pine River Complex Ecological
Restoration - Gympie Road, Brendale.
MBRC
Freehold
Moreton Bay Regional
Council
2
Ecological Restoration of South Pine
River - Undambi Reserve, Mt O’Reilly
Road, Samford Valley.
MBRC
Freehold
Moreton Bay Regional
Council
3
North Lakes Environment Reserve Bounty Boulevard, North Lake.
MBRC
Freehold
4
Revegetation of Lagoon and Bird
Hide - 850 Dohles Rocks Road,
Griffin.
MBRC
Freehold
5
*Burpengary Creek Riparian Repair 150 Rowley Road, Burpengary.
MBRC
Freehold
6
*Dune restoration - Woorim Beach,
Bribie Island.
MBRC
Trustee
7
*Weed removal and habitat
restoration- Buckley’s Hole, Bribie
Island.
MBRC
Trustee
8
Hays Inlet Eco Path and Habitat
Restoration - Redcliffe.
Redcliffe Golf
Club
Freehold
Mango Hill and North lakes
Environment Group (North
Lakes)
Bunya Community
Environmental Association
Inc. (Griffin)
Friends of Caboolture
Environmental Education
Centre (Burpengary)
Bribie Island Environment
Protection Association
(Bribie Island)
Bribie Island Community
Association Inc (Bribie
Island)
Redcliffe Environment
Forum (Redcliffe)
Service
Provider
Conservation
Volunteers
Australia
Conservation
Volunteers
Australia
Conservation
Volunteers
Australia
Manpower
Approval
pending
Approval
pending
Approval
pending
Conservation
Volunteers
Australia
*Projects 5, 6 and 7 have not yet received Federal Government approval, if approval is granted a report
will be presented requesting Council approval for these projects. Project 8 does not require Council
approval as it is located on private freehold land.
COORDINATION COMMITTEE MEETING
9 December 2014
PAGE 46
Agenda
Moreton Bay Regional Council
COORDINATION COMMITTEE MEETING
9 December 2014
PAGE 47
Agenda
ITEM 6.1 GREEN ARMY PROJECTS WITHIN THE MORETON BAY REGIONAL COUNCIL AREA - REGIONAL A9997627 (Cont.)
2.
Explanation of Item
Each project sponsor is required to enter into an agreement with the Federal Government before a project
can commence. This agreement outlines the roles and responsibilities of the project sponsor, project
provider and Green Army team members. It also includes the project work plan, health and safety
provisions and site access arrangements.
Clause 3.2a, 3.2b and 4.4a of the agreement requires each project sponsor to receive approval in writing
from the land manager on which a project is undertaken. Therefore, Council is required to approve each
project carried out on Council owned or managed land. Upon Council’s approval, written consent will be
provided to the Federal Government, service providers and where applicable, community group project
sponsors.
The Divisional Councillor and appropriate Council departments have reviewed the proposed projects
against the following:
•
Alignment of the proposed project with existing programs;
•
Suitable site access;
•
Proposed maintenance plans for revegetated areas, after the completion of the project; and
•
Project Sponsor obligations including insurance and funding requirements.
The projects detailed in the Supporting Information have been assessed and deemed suitable to be
undertaken on Council owned or managed land.
3.
Strategic Implications
3.1
Legislative/Legal Implications
The Green Army Programme Project Agreement requires Council to maintain appropriate
insurances which are in place.
3.2
Corporate Plan / Operational Plan
Natural Environment Outcome: Biodiversity and eco-systems are protected and enhanced
Valuing Lifestyle: Environmental initiatives - plan, monitor, report and educate on environmental and
conservation outcomes.
3.3
Policy Implications
Green Army projects align with Council’s Koala Conservation Policy (No: 35-2150-003) and will
contribute to an increase in koala corridors or enhance habitat quality in key areas.
3.4
Risk Management Implications
Risk assessments have been completed for Green Army projects sponsored by Council. As
Council’s Service Provider, Conservation Volunteers Australia is responsible for managing identified
risks during the project.
3.5
Delegated Authority Implications
N/A
3.6
Financial Implications
The Federal Government will provide Conservation Volunteers Australia a project fee of $192,500
(inclusive of GST) per project. From this funding, Conservation Volunteers Australia will meet costs
directly associated with each Green Army team such as training, participant allowance, wages,
insurance cover, transportation, training venues, safety clothing, basic tools and first aid kits.
As part of the agreement, the Federal Government has allocated Council $10,000 for each project it
sponsors.
This funding is for project-specific materials including plants, fertiliser, spray equipment and
herbicide.
COORDINATION COMMITTEE MEETING
9 December 2014
PAGE 47
Agenda
Moreton Bay Regional Council
COORDINATION COMMITTEE MEETING
9 December 2014
PAGE 48
Agenda
ITEM 6.1 GREEN ARMY PROJECTS WITHIN THE MORETON BAY REGIONAL COUNCIL AREA - REGIONAL A9997627 (Cont.)
3.7
Economic Benefit
The Green Army Programme facilitates the enhancement of degraded environmental areas that
would otherwise be at a cost to Council.
3.8
Environmental Implications
Each project addresses locally relevant conservation priorities including:
•
•
•
•
•
•
•
3.9
Propagation and planting of native seedlings;
Weed control;
Revegetation and regeneration of local parks;
Habitat protection and restoration;
Improving water quality by cleaning up waterways;
Revegetation of sand dunes and mangroves; creek bank regeneration; foreshore and beach
restoration; and
Walking tracks to protect local wildlife.
Social Implications
The Green Army Programme aims to increase community participation in environmental and
heritage conservation outcomes through employment of young people.
3.10 Consultation / Communication
•
Council Workshop (6 May 2014 – Item 6)
•
Internal Council sections including:

Legal Services

Accounting Services (Insurance)

Parks and Recreation Planning

Property and Special Projects

Engineering, Construction and Maintenance – Operations team; Natural Areas team
and Drainage, Waterways and Coastal Planning team.
•
•
•
•
•
•
•
•
•
Federal Government Green Army Project Team
Federal seat of Longman, Mr Wyatt Roy, MP
Conservation Volunteers Australia
Bunya Community Environmental Association Inc.
Mango Hill and North Lakes Environment Group
Redcliffe Environment Forum
Friends of Caboolture Region Environmental Centre (CREEC)
Bribie Island Environmental Protection Association; and
Bribie Island Community Association Inc
COORDINATION COMMITTEE MEETING
9 December 2014
PAGE 48
Agenda
Moreton Bay Regional Council
COORDINATION COMMITTEE MEETING
9 December 2014
PAGE 49
Agenda
SUPPORTING INFORMATION
Ref: A10220213
The following list of supporting information is provided for:
ITEM 6.1
GREEN ARMY PROJECTS WITHIN THE MORETON BAY REGIONAL COUNCIL AREA - REGIONAL
#1 Moreton Bay Regional Council Projects
COORDINATION COMMITTEE MEETING
9 December 2014
PAGE 49
Agenda
Moreton Bay Regional Council
COORDINATION COMMITTEE MEETING
9 December 2014
PAGE 50
Agenda
ITEM 6.1 GREEN ARMY PROJECTS WITHIN THE MORETON BAY REGIONAL COUNCIL AREA (Cont.)
#1 Moreton Bay Regional Council Projects
COORDINATION COMMITTEE MEETING
9 December 2014
PAGE 50
Agenda
Moreton Bay Regional Council
COORDINATION COMMITTEE MEETING
9 December 2014
PAGE 51
Agenda
ITEM 6.2
INCREASE TO PENALTY UNIT AMOUNT DISABILITY PARKING OFFENCE AMENDMENT TO SCHEDULE 3, SUBORDINATE LOCAL LAW 5 (PARKING) 2011REGIONAL
Meeting / Session:
Reference:
Responsible Officer:
6 LIFESTYLE & AMENITY
A10003294 : 13 November 2014 - Refer Supporting Information A10159081
BF, Program Leader Animal Management and Compliance (CES Environmental
Health)
Executive Summary
Council at its Coordination Committee Meeting of 10 December 2013 resolved to amend Subordinate
Local Law No.5 (Parking) 2011 to increase the penalty for parking without a permit in a disability parking
area to two (2.0) penalty units.
This report recommends that the Council resolve to continue the process required to do so.
OFFICER’S RECOMMENDATION
1.
That Council make Regulated Parking (Amendment) Subordinate Local Law (No. 1) 2014 as
appearing in the Supporting Information #1 annexed to this report.
2.
That Council authorise the Chief Executive Officer to refer the proposed amendment subordinate
local law for public consultation in accordance with the Council’s subordinate local law making
process.
COORDINATION COMMITTEE MEETING
9 December 2014
PAGE 51
Agenda
Moreton Bay Regional Council
COORDINATION COMMITTEE MEETING
9 December 2014
PAGE 52
Agenda
ITEM 6.2 INCREASE TO PENALTY UNIT AMOUNT DISABILITY PARKING OFFENCE - AMENDMENT TO
SCHEDULE 3, SUBORDINATE LOCAL LAW 5 (PARKING) 2011- REGIONAL - A10003294 (Cont.)
REPORT DETAIL
1.
Background
The State Government is encouraging greater consistency between state and local laws in relation to
disability parking traffic infringements, and increased penalties for anyone found to be misusing car parks
designated for people with a disability. Refer to Supporting Information #2 annexed to this report.
The Council is supportive of protecting access for persons with a disability to designated parking spaces.
2.
Explanation of Item
A proposed amendment subordinate local law to increase the penalty for parking without a permit in a
disability parking area to two (2.0) penalty units has been drafted for Council’s consideration Supporting
Information #1 annexed to this report.
The proposed amendment subordinate local law does not contain any anticompetitive provisions.
The change contained in the proposed amendment subordinate local law is not subject to State interest
checks, however is required to be advertised for public consultation for a period of at least 21 days in
accordance with the Council’s adopted subordinate local law making process.
Once public consultation on the proposed subordinate local law has been finalised, a further report will be
tabled outlining the submissions received and recommended actions.
3.
Strategic Implications
3.1
Legislative/Legal Implications
Should the proposed amendment subordinate local law take effect, the Council’s penalty for parking
without a permit in a disability parking area will increase from 1.5 to 2.0 penalty units.
3.2
Corporate Plan / Operational Plan
Strengthening Communities: Local laws - enhancing community lifestyle and enjoyment through
innovation, education and promotion of council local laws."
3.3
Policy Implications
Not Applicable
3.4
Risk Management Implications
Advertising of Council’s proposed Regulated Parking (Amendment) Subordinate Local Law (No. 1)
2014 will seek to mitigate consultation risks.
3.5
Delegated Authority Implications
No delegated authority implications are anticipated.
3.6
Financial Implications
A minimal increase in penalty revenue is anticipated.
3.7
Economic Benefit
No economic benefit implications are anticipated.
3.8
Environmental Implications
Not Applicable
COORDINATION COMMITTEE MEETING
9 December 2014
PAGE 52
Agenda
Moreton Bay Regional Council
COORDINATION COMMITTEE MEETING
9 December 2014
PAGE 53
Agenda
ITEM 6.2 INCREASE TO PENALTY UNIT AMOUNT DISABILITY PARKING OFFENCE - AMENDMENT TO
SCHEDULE 3, SUBORDINATE LOCAL LAW 5 (PARKING) 2011- REGIONAL - A10003294 (Cont.)
3.9
Social Implications
Improved protection of access for persons with a disability to designated parking spaces.
3.10 Consultation / Communication
Council’s Legal Services and Communication departments
Council’s website “Think Out Loud” public consultation
COORDINATION COMMITTEE MEETING
9 December 2014
PAGE 53
Agenda
Moreton Bay Regional Council
COORDINATION COMMITTEE MEETING
9 December 2014
PAGE 54
Agenda
SUPPORTING INFORMATION
Ref: A10159081
The following list of supporting information is provided for:
ITEM 6.2
INCREASE TO PENALTY UNIT AMOUNT DISABILITY PARKING OFFENCE - AMENDMENT TO
SCHEDULE 3, SUBORDINATE LOCAL LAW 5 (PARKING) 2011- REGIONAL
#1 Moreton Bay Regional Council Regulated Parking (Amendment) Subordinate Local Law (No.1)
2014
#2 Media Release - Department of Transport and Main Roads – Disability Parking Crack Down
COORDINATION COMMITTEE MEETING
9 December 2014
PAGE 54
Agenda
Moreton Bay Regional Council
COORDINATION COMMITTEE MEETING
9 December 2014
PAGE 55
Agenda
ITEM 6.2 - INCREASE TO PENALTY UNIT AMOUNT DISABILITY PARKING OFFENCE – AMENDMENT TO
SCHEDULE 3, SUBORDINATE LOCAL LAW 5 (PARKING) 2011 (Cont.)
#1 Moreton Bay Regional Council Regulated Parking (Amendment) Subordinate Local Law (No.1)
2014
COORDINATION COMMITTEE MEETING
9 December 2014
PAGE 55
Agenda
Moreton Bay Regional Council
COORDINATION COMMITTEE MEETING
9 December 2014
PAGE 56
Agenda
ITEM 6.2 - INCREASE TO PENALTY UNIT AMOUNT DISABILITY PARKING OFFENCE – AMENDMENT TO
SCHEDULE 3, SUBORDINATE LOCAL LAW 5 (PARKING) 2011 (Cont.)
COORDINATION COMMITTEE MEETING
9 December 2014
PAGE 56
Agenda
Moreton Bay Regional Council
COORDINATION COMMITTEE MEETING
9 December 2014
PAGE 57
Agenda
ITEM 6.2 - INCREASE TO PENALTY UNIT AMOUNT DISABILITY PARKING OFFENCE – AMENDMENT TO
SCHEDULE 3, SUBORDINATE LOCAL LAW 5 (PARKING) 2011 (Cont.)
#2 Media Release - Department of Transport and Main Roads – Disability Parking Crack Down
COORDINATION COMMITTEE MEETING
9 December 2014
PAGE 57
Agenda
Moreton Bay Regional Council
COORDINATION COMMITTEE MEETING
9 December 2014
PAGE 58
Agenda
ITEM 6.2 - INCREASE TO PENALTY UNIT AMOUNT DISABILITY PARKING OFFENCE – AMENDMENT TO
SCHEDULE 3, SUBORDINATE LOCAL LAW 5 (PARKING) 2011 (Cont.)
#2 Media Release – Department of Transport and Main Roads – Disability Parking Crack Down
(cont’d)
COORDINATION COMMITTEE MEETING
9 December 2014
PAGE 58
Agenda
Moreton Bay Regional Council
COORDINATION COMMITTEE MEETING
9 December 2014
7 ECONOMIC DEVELOPMENT & TOURISM SESSION
PAGE 59
Agenda
(Cr Brian Battersby)
No items for consideration.
8 GENERAL BUSINESS
ANY OTHER BUSINESS AS PERMITTED BY THE MEETING CHAIRPERSON.
COORDINATION COMMITTEE MEETING
9 December 2014
PAGE 59
Agenda