Vous êtes sur la page 1sur 30

AGENDA

19 March 2019
Council Meeting

WEB SITE: www.wtc.tas.gov.au


19 March 2019

Table of Contents
Details Page

/19 MINUTES ..................................................................................................................... 4

/19 COUNCIL WORKSHOPS ............................................................................................. 4

/19 DECLARATIONS OF PECUNIARY INTEREST ............................................................ 4

COMMUNITY INPUT TIME .......................................................................................... 4

PLAN 1 STATUTORY PLANNER’S REPORT: PROPOSED PLANNING SCHEME


AMENDMENT 01/18 AND PLANNING APPLICATION PA2018292 (8 LOT
SUBDIVISION) AT 49-59 RIDGE ROAD, LEGANA ...................................................... 6

CORP 1 MANAGER CORPORATE REPORT: COUNCILLOR CODE OF CONDUCT .............. 18

CNCL 1 NOTICE OF MOTION: COUNCILLOR KEARNEY: DONATION TO CENTRAL


HIGHLANDS AND HUON VALLEY COUNCILS ......................................................... 30

2
19 March 2019

WEST TAMAR COUNCIL


PO Box 16 Council Chambers
RIVERSIDE TAS 7250 BEACONSFIELD TAS 7270

14 March 2019

TO ALL COUNCILLORS

Dear Councillor

I wish to advise that an Ordinary meeting of the West Tamar Council will be held at the Council
Chambers, West Street, Beaconsfield on Tuesday 19 March 2019 at 1.30pm.

Rolph Vos
GENERAL MANAGER

Workshop held 05/03/19: Cressy Hatchery and Petuna Rowella Farm site visit.
prior to Council
meeting day:
Workshops:
 9.00am - Tasmanian Planning Scheme (Andrew Brown)
 9.45am - Code of Conduct (David Gregory)
 10.00am - Tas Police Update (Inspector Scott Flude & Commander Brett Smith)
 10.30am - Northern Tas Waste Management Group - (Jess Nesbit/Michael Attard)
 11.00am - Tamar Valley Writers Festival (Mary Machen)
 11.30am - General Business
NTDC Priority List
 12 noon Luncheon at Riviera Hotel, Beauty Point with;
- Andy Beeston, Youth Development Officer; and
- Sharni Rawlinson new Youth Officer - Beaconsfield

AGENDA
1. Apologies
2. Confirmation of minutes from 19 February 2019
3. Declarations of Pecuniary Interest
4. Community Input Time
5. Reports a) Planning
b) General Manager
c) Development
d) Corporate
e) Community
f) Infrastructure
6. Notices of Motion from councillors
7. Questions with Notice
8. Questions without Notice
9. Closed Meeting Items

3
19 March 2019

Minutes of the Ordinary Meeting of the West Tamar Council held at the Council Chambers, West
Street, Beaconsfield on Tuesday 19 March 2019 at 1.30pm.

PRESENT:

APOLOGIES:

IN ATTENDANCE:

/19 MINUTES

Moved Cr ............................ seconded Cr ................................. that the minutes of the meeting held
on 19 February 2019 be received and confirmed.

/19 COUNCIL WORKSHOPS

/19 DECLARATIONS OF PECUNIARY INTEREST

COMMUNITY INPUT TIME

The general rules for Community Input Time:

 30 minutes maximum period with up to 15 minutes for community ideas


input and 15 minutes for public questions.

 community input time limits any one speaker to a maximum of 5 minutes

 public question time limits each speaker to a maximum of 3 questions on


any specific subject. A question will be answered if the information is known
otherwise taken on notice and responded to in writing. Where there are
several persons wishing to ask questions, a rotational basis will be used.

4
19 March 2019

“I certify that with respect to all advice, information or recommendation provided to


council with this agenda:

1. the advice, information or recommendation is given by a person who has the


qualifications or experience necessary to give such advice, information or
recommendation;

2. where any advice is given directly to council by a person who does not have the
required qualifications or experience that person has obtained and taken into account
in that person’s general advice the advice from an appropriately qualified or
experienced person; and

3. a copy or written transcript of the advice received has been provided to council.”

David Gregory
ACTING GENERAL MANAGER

“Notes: S65(1) of the Local Government Act requires the General Manager to ensure
that any advice, information or recommendation given to the council (or a council
committee) is given by a person who has the qualifications or experience necessary
to give such advice, information or recommendation. S65(2) forbids council from
deciding any matter which requires the advice of a qualified person without
considering that advice.”

5
19 March 2019

PLAN 1 STATUTORY PLANNER’S REPORT: PROPOSED PLANNING SCHEME


AMENDMENT 01/18 AND PLANNING APPLICATION PA2018292 (8 LOT
SUBDIVISION) AT 49-59 RIDGE ROAD, LEGANA

1) Introduction

This report considers a proposed amendment to the West Tamar Interim Planning Scheme 2013, to
allow an 8 lot residential subdivision with a new road, as described in PA2018292, in the rural living
zone.

A subdivision such as this is currently prohibited in the rural living zone.

2) Background

Amendment
AMD 01/18

Planning Application
PA2018292

Description
An 8 lot residential subdivision with a new cul de sac is proposed. Six of the lots gain access from
the new road, one lot utilises an existing access from Ridge Road, and one lot proposes a new
access onto Ridge Road. The lots vary in size from 7826m2 to 2.846ha.

Applicant
Metier Planning.

Planning Instrument
West Tamar Interim Planning Scheme 2013 (the Scheme).

Legislation
Land Use Planning and Approvals Act 1993 (the Act).

3) Strategic/Annual Plan/Council Policies

The proposal is consistent with Council’s Strategic and operational plans and policies.

4) Statutory Requirements

The planning authority must determine a request to amend a planning scheme within 42 days. If
supported, it must also certify the amendment and then commence the 28 day statutory notification
period. Any person may make representations during that period, which must then be considered by
the Planning Authority before the amendment can be submitted to the Tasmanian Planning
Commission (TPC) for formal assessment and decision. The TPC may hold a hearing to consider
any representations and/or any issues that they may have with the amendment. The TPC has 90
days to determine the amendment from when they receive it. A delegation is normally provided for
staff to submit the required report where no representations were received during the statutory
notification period.

The proposed amendment was determined as compliant with the provisions of the Act and can be
supported.

6
19 March 2019

A planning permit application was lodged with the amendment. The planning application was
assessed against the requirements of the planning scheme and also supported for approval. This
assessment is provided as Attachment 3 to the report to the Commission.

5) Government Departments

The amendment did not require referral to any government departments.

6) Notification

If initiated by the planning authority, the amendment will require notification under the Act for 28 days
(or a longer period as agreed with the Commission). Any representations that may be received to
the amendment will be addressed in a future report to Council.

7) Financial Impact

Financial considerations of the amendment are addressed through normal statutory processes.

8) Alternative Options

The planning authority may initiate the amendment, or refuse to initiate the amendment.

9) Officer’s Comments

The proposal to amend the planning scheme to allow an 8 lot residential subdivision with a road, as
described in PA2018292 in the rural living zone, only for the subject site 49-59 Ridge Road, Legana
(Lot 1 on Plan 72163 and Lot 1 on Plan 197047) has merit and should be supported.

Andrew Brown
MUNICIPAL PLANNER

RECOMMENDATION
That Council:
1. Pursuant to Schedule 6 (3)(2)(b) of the Land Use Planning and Approvals Act 1993 and Section
43A of the former provisions, initiate Amendment 01/18 to the West Tamar Interim Planning
Scheme 2013. The amendment inserts “Subdivision of CTs 72163/1 and 197047/1 in
accordance with permit number PA2018292, effective (TBA).” at A1.1, A1.2 and A2.1 of Clause
13.4.2 of the scheme to allow an 8 lot residential subdivision with a new road, as described in
PA2018292 in the rural living zone, only for the subject site 49-59 Ridge Road, Legana (Lot 1
on Plan 72163 and Lot 1 on Plan 197047).
2. Certify that the Amendment 01/18 meets the requirements of Section 32 of the former provisions
of the Land Use Planning and Approvals Act 1993; and provides delegation under section 6(3)
of the Land Use Planning and Approvals Act 1993 to the Municipal Planner to submit a report
to the Tasmanian Planning Commission pursuant to former provision 39 where no
representations are received to notification of the amendment.
3. Approve planning permit application PA2018292 subject to the following conditions:

ENDORSED PLANS
1. The use and/or development must be carried out as shown on the Planning Submission
dated 19/12/18 (Rev.4) by Metier Planning and Development to the satisfaction of the
Council. Any other proposed development and/or use will require a separate application to
and assessment by the Council.

7
19 March 2019

TASWATER
2. The development must be in accordance with the Submission to Planning Authority Notice
issued by TasWater TWDA 2018/02066-WTC (attached.)

S.71 AGREEMENT
3. Prior to this permit becoming effective, a Section 71 agreement must be executed and
registered on the title. It must detail the key recommendations in Appendix G of the Planning
Submission which are taken from the landslide risk assessment that formed part of the
application. Once executed, the agreement must be lodged and registered in accordance
with Section 78 of the Land Use Planning and Approvals Act 1993. All cost associated with
preparing and registering the Agreement must be borne by the applicant.

PAYMENT IN LIEU OF PUBLIC OPEN SPACE


4. Prior to the sealing of the Final Plan, the developer must pay to the Council a sum
equivalent to 5% of the unimproved value of the approved lots as determined by a registered
land valuer procured at the subdivider’s expense.

LANDSLIP RISK
5. Prior to the sealing of the final plan, an accredited person must complete and submit to
Council FORM G Geotechnical Declaration Final Geotechnical Certificate (Australian
Geomechanics Vol 42 No 1 March 2007) confirming all development works have been
carried out in accordance with the requirements of the approved Landslide Risk
Assessment by Geoton Geotechnical Consultants dated 12/7/18 (GL 18234Ac Rev1).

6. A copy of the approved Landslide Risk Assessment must be on the site at all times and all
workers on site must be made aware of the requirements and recommendations of this
report.

FINAL SURVEY DIAGRAM


7. The Final Survey Diagram and Schedule of Easements (and three copies) must be
submitted for sealing, together with a copy of the Survey Notes.

8. Unless this permit specifically provides otherwise, the Final Survey Diagram will not be
sealed by Council and/or TasWater where applicable until all conditions of this permit have
been satisfied.

9. The Final Survey Diagram must include easements in favour of the Council (or other
relevant public authority) over all infrastructure situated in non-public land. Easement widths
must be determined by the Council and/or TasWater where applicable based on final
services design location and depth. Drainage easements must not straddle adjoining lots.
I.e. must be contained within one lot.

10. The Final Survey Diagram must include a 4m wide drainage easement adjacent to the rear
of nos. 61 to 73 Ridge Road and connect into the easement required for the proposed
stormwater infrastructure.

SOIL AND WATER MANAGEMENT CONTROL PLAN


11. Prior to the commencement of any works on site (including vegetation removal), a site
management plan must be submitted detailing how soil and water is to be managed on the
site during the construction process to prevent the escape of soil and sediments beyond site
boundaries. This plan must clearly set out the property owner’s obligations for erection,
inspection and maintenance of all control measures approved.

8
19 March 2019

The management plan must include the following:


a) Date and author.
b) Property boundaries, location of adjoining roads, impervious surfaces,
underground services and existing drainage , contours, approximate grades of
slope, directions of fall, north point and scale.
c) General soil description.
d) Location and types of all existing natural vegetation, location and amount of the
proposed ground disturbance, the limit of clearing, grading and filling and the
proposed location of soil, sand, topsoil and other material stockpiles.
e) Critical natural areas such as drainage lines, cliffs, wetlands and unstable ground.
f) Location of vegetation to be retained and removed.
g) Location of stabilised site access.
h) Initial and final contours, location of watercourses, surface drainage and existing
stormwater infrastructure.
i) Stormwater discharge point, if proposed.
j) Location of all proposed temporary drainage control measures.
k) Construction details - buildings or subdivision.
l) Location and details of all proposed erosion control measures.
m) Location and details of the measures to minimise dust escaping from the site.
n) Location and details of all proposed sediment control measures.
o) A statement of who is responsible for establishing and maintaining erosion and
sediment control measures.
p) Site rehabilitation or revegetation/landscaping program.
q) The estimated dates for the start and finish of the works - including the installation
sequence of the different erosion and sediment controls.
r) Any information required to address soil, water and dust control measures
required to accommodate staging of the proposal.
s) Outline of the maintenance program for the erosion and sediment controls; this
must include a weekly inspection as well as before and after every rain event and
a reporting schedule to council.

Works must not commence prior to the approval of the Soil and Water Management Control
Plan by Manager Infrastructure. The approved Plan must be implemented with the
commencement of works on site and maintained during construction to ensure that soil
erosion and dust are appropriately managed to reasonably maintain amenity of adjoining
and nearby properties. A copy of the approved Soil and Water Management Plan must be
on the site at all times. All on ground workers must be aware of and understand the plan.

Commenced development stop


Where development has commenced on site and then stops for two weeks or more, interim
storm water, erosion and dust control measures must:
i. be installed and maintained on site to the satisfaction of the Manager
Infrastructure;
ii. ensure that overland flows do not become a nuisance to adjoining properties
or council’s infrastructure;
iii. be maintained until work recommences on site; and
iv. include a weekly inspection as well as before and after every rain event and a
reporting schedule to council.

Measures under this condition may require a revised Soil and Water Management Control
Plan to be approved for the site.

9
19 March 2019

SUBMISSION AND APPROVAL OF PLANS


12. Prior to the commencement of the development of the site, detailed plans and
specifications must be submitted to the council's Manager Infrastructure for approval. Such
plans and specifications must:
a) include all infrastructure works required by the permit or shown in the endorsed
plans and specifications;
b) be prepared strictly in accordance with the Tasmanian Subdivision Guidelines
applicable at the date of approval of the plans. These Guidelines are available
at www.lgat.tas.gov.au; and
c) be prepared by a suitably qualified and experienced engineer or Engineering
Consultancy.

CONSTRUCTION OF WORKS
13. Prior to the sealing of the Final Plan, the private and public infrastructure works must be
constructed in accordance with plans and specification approved by the Council's Manager
Infrastructure. The required infrastructure works must be as shown in the application
documents and endorsed plans or as modified by the approval of the detailed engineering
drawings and specifications.

STORMWATER WORKS
14. Stormwater works must include:
a) Provision of a public drainage system to drain all roadways within the road
reserves and all land draining onto the road reserve;
b) Connection into Council’s existing reticulation network or an approved legal
discharge point;
c) The provision of a connection for each lot, as shown on the Water and Stormwater
Services Plan 1733-00 RevB; and
d) All pipelines in the No Build Zone must be fully-welded HDPE.

ROADS
15. Road works must include:
a) Provision of a fully constructed road for the full length of all the property frontages,
complete with kerb and channel, the road is to be 7.0 m wide from face of kerb to face of
kerb;
b) Provision of a single vehicular crossing for each lot within the subdivision including culvert
and headwalls where necessary;
c) Provision of a cul de sac with a minimum 12 m radius;
d) The existing access to lot 8 must be sealed and upgraded to current LGAT standards;
e) Provision of a public street lighting scheme must be provided to service all lots and
installed to the approval of the Responsible Authority; and
f) Provision any necessary line marking and signage.

CONSTRUCTION DOCUMENTATION
16. At the time of practical completion of the infrastructure, Council must be provided with
construction documentation sufficient to show that the works are completed in accordance
with council standards and are locatable for maintenance or connection purposes. The
construction documentation must consist of:
a) An "as constructed" plan in accordance with council's standard requirements for as
constructed drawings;
b) A Closed Circuit Television inspection report for all stormwater mains constructed or
incorporated in the works;
c) Compaction and soil test results for all earthworks or pavement works; and
d) An engineer’s certificate that each component of the works comply with the approved
engineering plans and council standards.

10
19 March 2019

CONVEYANCE OF ROADS
17. All roads in the Subdivision must be conveyed to the council upon the issue, by the council's
Manager Infrastructure, of the Certificate under Section 10 (7) of the Local Government
(Highways) Act 1982. All costs involved in this procedure must be met by the person
responsible.

DEFECTS LIABILITY PERIOD


18. A defects liability period of 12 months applies to all infrastructure required under this
permit.

STREET LANDSCAPING PLAN


19. Prior to the commencement of works, a streetscape/tree planting plan must be prepared
by a suitably qualified person and submitted to the council. Once approved by council, it
will form part of this permit. The approved landscaping of the site must:
a) Be completed prior to the sealing of the Final plan of Survey for each stage; and
b) Be coordinated with the construction plans of underground services and
pavement works so as to provide sufficient clearances around each shade tree.

COVENANTS ON SUBDIVISIONS
20. Covenants or similar restrictive controls must not be included on or otherwise imposed on
the titles to the lots created by the subdivision permitted by this permit unless:
a) Such covenants or controls are expressly authorised by the terms of this permit;
or
b) Such covenants or similar controls are expressly authorised by the consent in
writing of the council.
c) Such covenants or similar controls are submitted for and receive written approval by
council prior to submission of a Plan of Survey and associated title documentation is
submitted to council for sealing.

Permit Notes

Notations
A. This permit was issued based on the proposal documents submitted PA2018292. You should
contact Council with any other use or developments, as they may require the separate
approval of Council.

B. This permit takes effect after:


a) the 14 day appeal period expires; or
b) any appeal to the Resource Management and Planning Appeal Tribunal is
abandoned or determined; or
c) any agreement that is required by this permit pursuant to Part V of the Land Use
Planning and Approvals Act 1993 is executed; or
d) any other required approvals under this or any other Act are granted.

C. This permit is valid for two (2) years only from the date of approval and will thereafter lapse if
the development is not substantially commenced. An extension may be granted subject to the
provisions of the Land Use Planning and Approvals Act 1993 as amended, by a request to
Council.

Other Approvals
D. This permit does not imply that any other approval required under any other by-law or legislation
has been granted.

11
19 March 2019

Appeal Provisions
E. A planning appeal may be instituted by lodging a notice of appeal with the Registrar of the
Resource Management and Planning Appeal Tribunal. A planning appeal may be instituted
within 14 days of the date the Corporation serves notice of the decision on the applicant. For
more information see the Resource Management and Planning Appeal Tribunal website
www.rmpat.tas.gov.au.

Permit Commencement
F. If an applicant is the only person with a right of appeal pursuant to section 61 of the Land Use
Planning and Approvals Act 1993 and wishes to commence the use or development for which
the permit has been granted within that 14 day period, the Council must be so notified in writing.
A copy of Council’s Notice to Waive Right of Appeal is attached.

DECISION

12
19 March 2019

PLAN 1 - Attachment 1
Location Plan - 8 lot subdivision
49-59 Ridge Road, Legana

SUBJECT SITE

13
19 March 2019

PLAN 1 - Attachment 2
Plan of Subdivision - 8 lot subdivision
49-59 Ridge Road, Legana

14
19 March 2019

PLAN 1 - Attachment 3
Planning Scheme Assessment Report
8 lot subdivision
49-59 Ridge Road, Legana

Please note that this assessment is done on the basis that the proposed amendment is approved.

DEVELOPMENT DESCRIPTION
An 8 lot residential subdivision is proposed, along with a new cul de sac. Six of the lots gain access
only from the new road, one lot gains access from Ridge Road only and one from both. The lots vary
in size from 7826m2 to 2.846ha.

SITE EVALUATION
The subject site comprises two neighbouring titles on the west side of Ridge Road in Legana, totalling
11.99 ha:
 Lot 1 on Plan 72163 is a 4.1 ha lot that runs between Ridge Road and Muddy Creek. It slopes
down 40m to the river and is almost all to pasture except for a patch of melaleuca ericifolia near
the creek. It is occupied by a single dwelling.
 Lot 1 on Plan 197047 is a 7.894 ha lot the runs between Ridge Road and the Crown reserve at
the confluence of Muddy Creek and the River Tamar. It also slopes down 40m to the river and
is almost all to pasture except for scattered eucalypts and a patch of eucalyptus amygdalina
near the creek. It is occupied by a single dwelling and a number of outbuildings.

Surrounding uses are single dwellings, a vacant parcel of land and the River Tamar and Muddy
Creek.

SITE CONSTRAINTS/APPLICABLE OVERLAYS


 Landslip: landslip code applies - areas of low and medium hazard bands.
 Flooding: coastal inundation overlay affects areas of the site closest to Muddy Creek and the
River Tamar. The coastal and water quality codes apply.
 The existing infrastructure, including access, has sufficient capacity to service the proposal.

ANALYSIS
 The surrounding uses and developments are compatible uses.
 The proposal is compatible with the surrounding uses.
 There are no known hazards impacting on the proposal.

INTERNAL REFERRALS
 The application was referred to Council’s Infrastructure Services Department. They were
satisfied with the information provided and required conditions.

PLANNING MATTERS
The subject site is within the Rural Living zone. The purpose of the zone is:
 To provide for residential use or development on large lots in a rural setting where services
are limited.
 To provide for compatible use and development that does not adversely impact on
residential amenity.
 To provide for rural lifestyle opportunities in strategic locations to maximise efficiencies for
services and infrastructure.
 To provide for a mix of residential and low impact rural uses.

15
19 March 2019

13.1.2 Local Area Objectives


(Not applicable - only apply to discretionary uses)

13.1.3 Desired Future Character Statements


(There are none)

13.2 Use
Defined use as per planning scheme and classification: residential (single dwelling)

13.3 Use Standards


Not applicable as they only apply to non-residential and/or discretionary uses.

13.4 Development Standards: Once the planning scheme is amended as proposed, the
subdivision will comply with the following acceptable solutions:
 13.4.2 Subdivision (site specific references at A1.1, A.1.2 and A2.1)

Discretions relied on: Once the planning scheme is amended as proposed, the subdivision will not
rely on any discretions in the zone.

Codes applicable to the application:


E1 Bushfire Prone Areas Code
The proposal meets all the acceptable solutions in this code.
E3 Landslip Code
There is only one standard in the code and it is always a discretion:
Objective: To ensure that development is appropriately located through avoidance of areas of
landslip risk, or where avoidance is not practicable, suitable measures are available to protect life
and property.
P1 P1 Development must demonstrate that the risk to life and property is mitigated to a low or very
low risk level in accordance with the risk assessment in E3.6.2 through submission of a landslip
risk management assessment.

ASSESSMENT: A landslip risk assessment that meets the performance criteria was submitted with
the application.

E4.0 Road and Railway Assets Code


The proposal meets all the acceptable solutions in this code, except for the discretions addressed
below.

E4.6.1 Use and road or rail infrastructure


Objective: To ensure that the safety and efficiency of road and rail infrastructure is not reduced by
the creation of new accesses and junctions or increased use of existing accesses and junctions.
P1 P2 For roads with a speed limit of 60km/h or less, the level of use, number, location, layout and
design of accesses and junctions must maintain an acceptable level of safety for all road users,
including pedestrians and cyclists.

ASSESSMENT: Does not comply with the acceptable solution so must meet the performance
criteria. The TIA submitted with the application and accepted by Council’s Infrastructure Services
Department confirms that the performance criteria is met.

E6 Car Parking and Sustainable Transport Code


This technically applies, but there is no way to assess a subdivision application against it.

16
19 March 2019

E8.0 Biodiversity Code


The proposal meets all the acceptable solutions in this code.

E9.0 Water Quality Code


The proposal meets all the acceptable solutions in this code, except for the discretions addressed
below.

Objective: To minimise the environmental effects of erosion and sedimentation associated with
the subdivision of land.
P1 P1 For subdivision involving works, a soil and water management plan must demonstrate the:
i) minimisation of dust generation from susceptible areas on site; and
ii) management of areas of exposed earth to reduce erosion and sediment loss from the site.

ASSESSMENT: Does not comply with the acceptable solution so must meet the performance
criteria. A permit will have a standard condition requiring a soil and sediment management plan
ensuring the performance criteria is met.

17
19 March 2019

CORP 1 MANAGER CORPORATE REPORT: COUNCILLOR CODE OF CONDUCT

1) Introduction

This report recommends the adoption of a revised Councillor Code of Conduct as required by recent
changes to the Local Government Act 1993.

2) Background

The Local Government (Model Code of Conduct) Amendment Order 2018 (the Order) was signed
by the Minister for Local Government on 7 December 2018, and came into effect when Gazetted on
26 December 2018.

Under section 28T of the Local Government Act 1993 (the Act), councils must adopt the amended
Model Code within three months of the Order taking effect. The deadline for adopting the amended
Model Code is therefore 26 March 2019. Please note that Council’s previous Model Code will
continue to apply until Council resolves to adopt the new amended Model Code.

In addition to the Model Code the current Code of Conduct also contains accompanying content
issued and recommended by the Director of Local Government in 2016 when the new framework
was introduced. Following a review it is recommended that some of the additional commentary
which summarises aspects of the Model Code and duplicates aspects of the Act is removed.

The proposed policy therefore maintains only:


 Initial information on making a complaint which is required for the public in that any person
may make a complaint
 The section on Councillor dispute resolution, which provides an agreed expectation between
councillors of how disputes should be initially addressed prior to a formal process.
 The reference to public interest disclosure, again for public benefit.

A copy of the draft Policy including the new Model Code is attached. Key changes to the Model
Code as set down by the Minister are:
 Conflicts of Interest - the Code is clarified to deal with non-pecuniary interest. The nature of
such an interest must now be declared. Pecuniary interests are addressed under the Act.
 Introduced the reasonable person test in determining what is an actual, potential or perceived
conflict of interest, and in determining if receiving a gift and benefit is attempting to secure
influence.
 Remaining gifts and benefits clauses removed as this matter was introduced to the Local
Government Act 1993 in 2018.

3) Strategic/Annual Plan/Council Policy

The Model Code prescribes the standard of behaviour that all Tasmanian councillors are required to
meet when performing their roles. Therefore the existence of a Code of Conduct supports council's
strategic objective to represent the community in a responsive, professional and innovative manner.

4) Statutory Requirements

Local Government (Model Code of Conduct) Am en d m en t Order 2018 became effective on


26 December 2018. Section 28T of the Local Government Act 1993 requires the Model Code of
Conduct to be adopted by Council within 3 months of the Ministerial Order becoming effective. Any
variations to the model code must be approved by the Minister for Local Government.

18
19 March 2019

5) Government Departments

The Local Government (Model Code of Conduct) Order 2016 is administered by the Department of
Premier and Cabinet.

6) Community Consultation

Not applicable.

7) Alternative Options

Variations to the proposed code may be considered. However any variations to the Model Code
content will require Ministerial approval.

8) Risk Assessment

The requirement to adopt the new Model Code is a legislative one. There is no foreseeable risk in
adopting the revised policy and the existence of a Code of Conduct supports good governance
principles and should therefore assist in the mitigation of governance risks.

9) Financial Impact

This is difficult to estimate as under the Act, the Council is responsible for payment of the costs of
the Panel and Executive Office in relation to the complaint (s28O). The complainant and respondent
councillor are to bear their own costs in relation to the investigation and determination of a complaint
(s28ZN).

10) Officer’s Comments

A draft Code of Conduct has been prepared and is attached for consideration. The draft has
incorporated the Minister’s Model Code of Conduct without variation and also incorporates additional
recommended supplementary information prepared by the Director of Local Government.

David Gregory
MANAGER CORPORATE

RECOMMENDATION
That pursuant to Section 28T of the Local Government Act 1993 Council approves the adoption of
the revised Councillor Code of Conduct as presented.

DECISION

19
19 March 2019

20
19 March 2019

21
19 March 2019

22
19 March 2019

23
19 March 2019

24
19 March 2019

25
19 March 2019

26
19 March 2019

27
19 March 2019

28
19 March 2019

29
19 March 2019

CNCL 1 NOTICE OF MOTION: COUNCILLOR KEARNEY: DONATION TO CENTRAL


HIGHLANDS AND HUON VALLEY COUNCILS

1) Motion

That Council make a donation for bushfire relief of $5,000 to the Central Highlands Council to assist
with the cost of a slide on fire-fighting unit and a donation of $5,000 to the Huon Valley Council to
assist with the cost of an Emergency Management response trailer.

2) Background

This motion is moved on behalf of the West Tamar Councillors who have considered and discussed
how the West Tamar Council could assist in helping with the damage caused by the recent bushfires.

The recent bushfires have been extremely damaging to the assets of individuals, communities and
to council infrastructure.

In the case of the Central Highlands Council they have identified that a slide on fire-fighting unit for
a flat tray utility would be beneficial to Council. They believe that the cost would be approximately
$5,000.

In the case of the Huon Valley Council they have identified the need for an Emergency Management
Response trailer. During the bushfires, as their neighbouring councils came to their assistance with
such a trailer, they saw how effective having a trailer of their own would be. They have accumulated
a lot of emergency response equipment which has seen this need created. A donation of $5,000 will
go a long way towards the anticipated cost.

In previous natural disasters, our council has made donations to assist other communities. These
donations have been to communities in Tasmania and beyond. The most recent donations have
been to the Derwent Valley Council at the time of the 2018 floods, Kentish Council at the time of the
2016 floods and the Sorell Council at the time of the 2013 bushfire disaster.

Such donations are important as they help in a small way in assisting the remediation of damage
caused by the disaster.

At another level, it is a small gesture of solidarity with the affected community. It lets people know
that they are not "on their own".

I hope Council can see its way clear to agree to this motion.
Peter Kearney
COUNCILLOR

RECOMMENDATION
That Council make a donation for bushfire relief of:

1. $5,000 to the Central Highlands Council to assist with the cost of a slide on fire-fighting unit
and
2. $5,000 to the Huon Valley Council to assist with the cost of an Emergency Management
response trailer.

DECISION

30