Ordinary Agenda 19 March 2018

AGENDA
ORDINARY MEETING OF THE
HORSHAM RURAL CITY COUNCIL
on
19 March 2018
5.30pm
at
Civic Centre
HORSHAM
Meeting Date: 19 March 2018 Page 1

Horsham Rural City Council Council Meeting
Order of Business
COUNCILLORS are respectfully requested to attend the Ordinary Meeting of the

Horsham Rural City Council to be held in the Municipal Chambers, Civic Centre,
Horsham at 5.30pm on 19 March 2018.
Order of Business
1. READING OF PRAYER AND THE ACKNOWLEDGEMENT OF COUNTRY STATEMENT ......... 4

2. WELCOME TO DISTINGUISHED GUESTS OR PERSONS IN THE PUBLIC GALLERY .............. 4
3. APOLOGIES AND REQUEST FOR LEAVE OF ABSENCE ........................................................ 4
4. CONFIRMATION OF MINUTES AND SIGNING THEREOF.................................................... 4
5. DISCLOSURE OF INTEREST AND DECLARATIONS OF CONFLICT OF INTEREST................... 4
6. PUBLIC QUESTION TIME ................................................................................................... 6
7. OTHER BUSINESS .............................................................................................................. 7
7.1 RESUMPTION OF DEBATE ON THE MOTIONS FROM PREVIOUS MEETING ................................................... 7
7.2 RECEPTION AND READING OF PETITIONS, MEMORIALS, JOINT LETTERS AND DEPUTATIONS ............................ 7
7.3 MOTIONS OF WHICH PREVIOUS NOTICE HAS BEEN GIVEN ..................................................................... 7
7.4 COUNCILLORS QUESTIONS WITH NOTICE ............................................................................................. 7
7.5 ORDERS OF THE DAY ....................................................................................................................... 7
8. OTHER REPORTS ............................................................................................................... 8

8.1 ASSEMBLY OF COUNCILLORS – RECORD OF MEETINGS ............................................................................ 8
8.2 SEALING OF DOCUMENTS.................................................................................................................. 8
8.3 INWARD CORRESPONDENCE .............................................................................................................. 8
8.4 COUNCIL COMMITTEE MINUTES......................................................................................................... 9
9. COUNCILLORS’ REPORTS................................................................................................. 10
10. OFFICERS REPORTS ......................................................................................................... 11
10.1 ACTING CHIEF EXECUTIVE........................................................................................................... 11
10.2 DIRECTOR OF CORPORATE SERVICES ............................................................................................. 12
10.2.1 REVIEW OF DELEGATED POWERS .............................................................................. 12
10.2.2 REVIEW OF COMMUNITY DEVELOPMENT GRANTS AND COMMUNITY DONATIONS
POLICIES ..................................................................................................................... 17
10.3 DIRECTOR OF PLANNING AND ECONOMIC ...................................................................................... 19
10.3.1 REQUEST FOR APPROVAL OF STREET NAMES – “BRADY” AND “GRIFFIN” ................ 19
10.3.2 EXEMPTION FOR FARM BUILDINGS FROM REQUIREMENT TO OBTAIN A BUILDING
PERMIT POLICY ........................................................................................................... 20
10.4 DIRECTOR OF COMMUNITY SERVICES ........................................................................................... 22
10.4.1 DRAFT WIMMERA REGIONAL LIBRARY CORPORATION BUDGET 2018/19 AND FIVE
YEAR INDICATIVE BUDGET ......................................................................................... 22
10.4.2 YMCA CONTRACT EXTENSION PROPOSAL .................................................................. 23
10.4.3 RURAL ACCESS PROGRAM.......................................................................................... 28
10.4.4 PUBLIC ART ADVISORY COMMITTEE TERMS OF REFERENCE ..................................... 28

Order of Business
10.5 DIRECTOR OF TECHNICAL SERVICES .............................................................................................. 31

10.5.1 ROAD PROGRAM – DRAFT FOR BUDGET ................................................................... 31
10.5.2 CITY GARDENS PETITION - UPDATE ............................................................................ 34
10.5.3 RECYCLING UPDATE ................................................................................................... 36
11. URGENT BUSINESS .......................................................................................................... 39
CLOSE
GRAEME HARRISON
Acting Chief Executive

Order of Business
1. READING OF PRAYER AND THE ACKNOWLEDGEMENT OF

COUNTRY STATEMENT
2. WELCOME TO DISTINGUISHED GUESTS OR PERSONS IN THE

PUBLIC GALLERY
The public are advised that the Council meeting will be recorded to maintain
an audio archive.
3. APOLOGIES AND REQUEST FOR LEAVE OF ABSENCE
4. CONFIRMATION OF MINUTES AND SIGNING THEREOF

MINUTES OF AN ORDINARY MEETING OF THE HORSHAM RURAL CITY COUNCIL HELD IN THE
MUNICIPAL CHAMBERS, CIVIC CENTRE, HORSHAM AT 5.30PM ON 5 March 2018
5. DISCLOSURE OF INTEREST AND DECLARATIONS OF CONFLICT

OF INTEREST
A Councillor who has a conflict of interest and is attending the Council meeting must
make a full disclosure of that interest.
(a) by either –
(i) advising the Council at the meeting of the details required under
paragraphs (b) and (c) immediately before the matter is considered at
the meeting; or
(ii) advising the Chief Executive Officer in writing of the details required
under paragraphs (b) and (c) before the meeting; and
(b) classifying the type of interest that has given rise to the conflict as either –
(i) a direct interest under 77B; or

(ii) an indirect interest and specifying the particular kind of indirect
interest under:
Section 78 – close association

Section 78A – financial interest
Section 78B – conflicting duties
Section 78C – receipt of an applicable gift
Section 78D – consequence of becoming an interested party
Section 78E – impact on residential amenity; and
(c) describing the nature of the interest; and

Order of Business
(d) if the Councillor advised the Chief Executive Officer of the details under
paragraph (a)(ii), the Councillor must make a disclosure of the class of
interest only to the meeting immediately before the matter is considered at
the meeting.
Members of Staff
Under Section 80C of the Local Government Act 1989, officers or people engaged
under contract to the Council providing a report or advice to Council must disclose
any conflicts of interests in the matter, including the type of interest.

Public Question Time
6. PUBLIC QUESTION TIME

Other Business
7. OTHER BUSINESS
7.1 RESUMPTION OF DEBATE ON THE MOTIONS FROM PREVIOUS MEETING

NIL
7.2 RECEPTION AND READING OF PETITIONS, MEMORIALS, JOINT LETTERS AND

DEPUTATIONS
NIL
7.3 MOTIONS OF WHICH PREVIOUS NOTICE HAS BEEN GIVEN

NIL
7.4 COUNCILLORS QUESTIONS WITH NOTICE

NIL
7.5 ORDERS OF THE DAY

NIL

Other Reports
8. OTHER REPORTS
8.1 ASSEMBLY OF COUNCILLORS – RECORD OF MEETINGS

Council Briefing Meeting held on Tuesday 13 March, 2018 at 5.00pm in the
Reception Room.
Refer to Appendix “8.1A”.
8.2 SEALING OF DOCUMENTS

Documents Signed and Sealed by Council under Delegation
Farm Lease, Western Highway, Burnt Creek between Horsham Rural City Council and
Gavin Laurence O’Sullivan and Peter Eugene O’Sullivan
Farm Lease off Kenny Road, Horsham between Horsham Rural City Council and
Geoffrey and Christine Rethus.
Recommendation
That -
1. Council note the Assembly of Councillors’ – Record of Meetings,
2. Council note the documents signed and sealed under delegation.
8.3 INWARD CORRESPONDENCE

NIL

Other Reports
8.4 COUNCIL COMMITTEE MINUTES
NIL

Councillors’ Reports
9. COUNCILLORS’ REPORTS

Presentation of Reports
Officers Reports Acting Chief Executive
10. OFFICERS REPORTS
10.1 ACTING CHIEF EXECUTIVE
No Reports

Officers Reports Director of Corporate Services
10.2 DIRECTOR OF CORPORATE SERVICES

10.2.1 REVIEW OF DELEGATED POWERS
G Harrison File Ref: F19/A02/000001
Purpose
To update Council’s delegations to staff with changes arising from the Maddocks
Delegation Service.
Background
Powers to Council are granted through Part 1A of the Act which defines the charter
for Local Governments. This states the purpose of Local Government, its objectives,
role, functions and powers. Under Section 3F Council’s powers are defined and are
essentially very wide in nature. Section 3F (1) states “Subject to any limitations or
restrictions imposed by or under this Act, a Council has the power to do all things
necessary or convenient to be done in connection with the achievement of its
objectives and the performance of its functions”.
Because these powers are very wide Council cannot operate by means of passing a
resolution every time that it wishes to act. So for day to day operations Council
needs others to make decisions and act on its behalf.
Under Section 98 (1) a Council may by instrument of delegation delegate to

members of its staff any power, duty or function of a Council under the Act “or
under any other Act”. Other Acts, however, may also have provisions relating to
delegation also. If there is any conflict in delegation or authorisation between Acts
then those relevant to the more Specific Acts will prevail over the General Acts.
Council cannot, however, delegate the following:

• the power of delegation,
• the power to declare a rate or charge,
• the power to borrow money,
• the power to approve expenditure not contained in a budget approved by
Council,
• the power, duty or function of the Council under Section 223 of the Act,
• any prescribed power
Any delegation made under Section 98(1) to a member of staff or to the Chief
Executive (CE) must be made by a resolution of Council.
Under Section 98(2) & (3) of the Act, the CE is specifically given the power to
delegate to any member of the Council staff any power, duty or function of their
office other than the power of delegation.

Delegations made by the CE to members of staff do not, however, need to be made

via a resolution of Council. They do, however, need to be maintained in a register.
Under Section 98 (4) of the Local Government Act 1989 (the Act), Council must keep
a register of delegations to members of Council Staff. As new legislation is adopted
or amendments made to existing legislation delegations will change.
Under Section 98(5) delegations may be made to individual persons or to the holder
of an office or position. Council has always taken the approach to delegate to the
position wherever possible rather than the individual staff member.
Section 98 (6) of the Act requires Council to review delegations within 12 months of
a general election. However, regardless of this statutory requirement delegations
should be made carefully and reviewed regularly to ensure:
• Decision-makers are clearly identified
• Accountability and responsibility is clearly identified
• Conditions, limitations and guidelines are well documented
• Precision in the making of decisions that will be defendable under legal scrutiny
Some Acts contain specific powers of delegation to persons other than the CE. In
these cases there is a presumption that a power of delegation cannot be sub-
delegated in the absence of express authority to do so, hence Council must delegate
these items direct to individual staff members.
Under the Building Act 1993, Municipal Building Surveyors (MBS) may also delegate
their powers to other officers. This is therefore not a delegation by Council but by
the MBS to staff and is signed-off by the MBS.
Council may also delegate powers to Special Committees established under Section
86 of the Act or Section 188 of the Planning and Environment Act 1987. Each
committee must have an Instrument of Delegation that clearly articulates the nature
of the delegation, and any conditions or limitations under which the delegation is to
be exercised.
In summary there are five delegation types:
A. Delegations of Council:
1. Council to CE
2. Council to Staff
3. Council to Special Committees
B. Delegation by Others:
4. CEO to staff*
5. Municipal Building Surveyor to Staff
* the CEO to staff delegation also includes a section on Miscellaneous and

Administrative powers which are best described as operational in nature and do not
arise out of specific legislation.

Council has put in place detailed guidelines that help staff understand their
obligations and responsibilities when it comes to exercising a delegated power. Each
staff member receives a copy of their individual delegations and they are reminded
to read and understand the guidelines for the exercising these delegated powers.
Issues
Council manages it delegations by subscribing to a service from Maddocks Lawyers

which provides Council with amendments to existing legislation and updates on new
legislation. These updates are usually received on a six monthly basis, and as such an
update was received in December 2017 and a mini-update in February 2018.
A. DELEGATIONS OF COUNCIL
1. Delegation to the Chief Executive
The delegation to the CEO was updated in Oct 17 and there were no further updates
at this point in time.
2. Delegations from Council Direct to Staff:
There is only one amendment that impacts on delegations from Council to Staff and
that is the changes to the Planning and Building Legislation Amendment (Housing
Affordability and Other Matters) Act 2017 which impacts on S173 (1A) of the
Planning & Environment Act 1987.
Details of all of the delegations from Council to Staff are shown in Appendix “10.2A”.
The delegation in relation to the determination of planning permit applications
Section 61 (1) of the Planning and Environment Act 1987, was identified as a
delegation requiring a review at a future point in time.
3. Delegation to Special Committees
There are no changes to the delegations to special committees.
B. DELEGATIONS BY OTHERS
1. Delegations from CEO to Staff
Under Section 98 (2) & (3) of the Act, the Chief Executive Officer is specifically given
the power to delegate to any member of the Council staff any power, duty or
function of their office other than the power of delegation. These delegations have
also been updated but do not need to be made by resolution of Council, so have not
been attached to this report.

The Acts/Regulations that have had some amendment are as follows:

• Planning and Building Legislation Amendment (Housing Affordability and Other
matters) Act 2017
• Child Wellbeing and Safety Act 2005
• Climate Change Act 2017
• Domestic Animals Amendment (Restricted Breed Dogs) Act 2017
• Fines Reform Amendment Act 2017
• Gambling Regulations Act 2003
• Heritage Act 2017
• Infringements Act 2006 has been amended by the Fines Reform Amendment Act
2017
• Subdivision Act 1988
• Summary Offences Act 1966
• Land Legislation Amendment Act 2017 re Transfer of Land Act 1958
• A new Act commenced on December 2017, the Victorian Data Sharing Act 2017
• Freedom of Information Amendment (Office of the Victorian Information
Commissioner) Act 2017 and related Acts the Freedom of Information Act 1982
and the Data Protection Act 2014
• Building Act 1993
2. Delegation Municipal Building Surveyor to Staff
There was a significant amendment of the Building Act 1993 that came in to force on
31 January 2018. This has resulted in the change that Councils can no longer appoint
authorised persons under the Building Act, this is now only possible by the Municipal
Building Surveyor (MBS). The MBS must ensure that the authorised person has the
appropriate qualifications or has successfully completed training.
As a result of these changes a detailed review of all Authorisations will be

undertaken to ensure that they comply with these changes.
Consultation/Communication
The attached delegations have been updated using the Maddocks Lawyers
delegation service and with consultation with relevant Council officers.
Financial
The financial impact of the review of delegations is limited to staff time and the cost
of the Maddocks Delegation Service which has been included in the 2017-18 budget.
Links To Council Plans, Strategies, Policies
Goal 4 – Governance and Business Excellence

Risks
The risk to Council of having inadequate instruments of delegation is that actions are
carried out without appropriate authority and therefore are subject to be challenged
in a court of law.
Also the fact that a delegation has been made does not affect the Council’s powers
in relation to the issue concerned. A delegate’s decision (once made) is taken to be
the decision of the Council itself. The Council can therefore find itself bound by a
decision which it may not itself have made. This risk is mitigated by having in place
appropriate policies and guidelines under which delegation should be exercised.
Guideline G04/004 has been put in place to address this issue and was recently
reviewed by the Executive Management Group.
Recommendation
Delegation to members of Council staff
In the exercise of the powers conferred by section 98(1) of the Local Government Act
1989 (the Act) and the other legislation referred to in the attached instrument of
delegation (Appendix “10.2A”).
Horsham Rural City Council (Council) RESOLVES THAT -
1) There be delegated to the members of Council staff holding, acting in or

performing the duties of the offices or positions referred to in the attached
Instrument of Delegation to members of Council staff, the powers, duties and
functions set out in that instrument, subject to the conditions and limitations
specified in that Instrument.
2) The instrument comes into force immediately the common seal of Council is
affixed to the instrument.
3) On the coming into force of the instrument all previous delegations to members
of Council staff (other than the Chief Executive Officer) are revoked.
4) The duties and functions set out in the instrument must be performed, and the
powers set out in the instruments must be executed, in accordance with any
guidelines or policies of Council that it may from time to time adopt.

10.2.2 REVIEW OF COMMUNITY DEVELOPMENT GRANTS AND COMMUNITY

DONATIONS POLICIES
S Surridge File Ref: F20/A01/000003
Purpose
To review and update the following Council policies:

• Community Development Grants Policy
• Community Donations Policy
Background
In March 2014, Council adopted two new policies that established clear protocols for
the allocation of Community Development Grants and Community Donations as part
of the annual budget process. These policies are reviewed each year as part of the
annual budget process.
Issues
Community Development Grants Policy
This policy provides the framework for the delivery of Council’s Community
Development Grants Program. The policy outlines the:
• Funding priorities
• Eligibility
• Application process
• Assessment criteria and process
• Timelines and reporting
Minor changes have been made to this policy (refer Appendix “10.2B” – tracked
changes). These changes are as follows:
• Changes to funding priorities – to reflect new Council Plan and Health and
Wellbeing Plan
• Change in title for Planning and Economic Group
Community Donations Policy
This policy provides the framework for Council’s annual Community Donations
program, that assist some groups with ongoing recurrent funding assistance. The
policy provides the rationale for community donations, eligibility, donation requests,
assessment criteria, donation approval and payment processes.
Minor changes have been made to this policy (refer Appendix “10.2C”) as follows:
• Change to Council Plan Goal 1 wording

• Clarification of Section 5.1 A. dealing with Recreation Reserve – maintenance of

grass playing surfaces. Allocation will be made on the basis of maintaining
a watered grass playing surface for competition during Summer/Winter. This
ensures that funding is provided to recreation reserves with higher maintenance
expenses in terms of maintaining watered infrastructure, water supply costs and
mowing (refer Appendix “10.2D”).
All key internal stakeholders have been consulted in the review of these Council
Policies including: Director of Corporate Services, Finance Manager, Manager
Recreation and Sustainability, Manager Information and Rating Services and the Risk
Management Co-ordinator.
Financial
There are no overall budget implications relating to proposed policy changes. The
two policies provide the framework for the allocation of community development
grants and donations as part of the annual budget process.
Community Development Grants Policy aligns with the Council Plan and Health and
Wellbeing Plan.
Recommendation
1. That Council adopt the amended Community Development Grants Policy

2. That Council adopt the amended Community Donations Policy
KERRIE BELL
Acting Director Corporate Services

Officers Reports Director of Planning and Economic
10.3 DIRECTOR OF PLANNING AND ECONOMIC

10.3.1 REQUEST FOR APPROVAL OF STREET NAMES – “BRADY” AND “GRIFFIN”
S Brown File Ref: F15/A07/000135
Purpose
To request Council approval of two street names for new streets in the subdivision at
99 Robinson Street, Horsham.
Background
Mr Tim Hopper on behalf of Crest Pty Ltd has requested Council approval for the
names “Griffin Court” and “Brady Court” for the two new courts off Hamilton Street
in their subdivision at 99 Robin Street, Horsham.
The street layout plan is attached as Appendix “10.3A”.
“Griffin” and “Brady” are on Council’s approved street naming list.
Issues
Mrs Kerrie Bell, Manager Property and Rates has provided the following comments:
Griffin:
Norm Griffin has submitted the name Griffin in honour of his father, Charles Edward
Griffin. Charles worked in Horsham for many years as an Inspector for the State
Rivers and Water Supply Commission. He was also President of the Horsham
Homing Pigeon Club during the 1940’s and an active member of this club for many
years. Charles married Alice Elizabeth Overall from Quantong in 1932 and they
raised their five children in Horsham. Charles Edward Griffin died in 1954.
Brady:
Robert Henry Brady (deceased) was a returned soldier who served in the Middle East
and New Guinea. Robert and his wife, Joyce Emily Brady, established their property,
a soldier settlement block, at Drung Drung in 1947. Robert and Joyce raised five
children. They sold the farm and moved into Horsham where Robert was employed
for a period of time at Horsham City Council as a maintenance worker with the
technical services department.
Griffin and Brady are on Council’s approved street naming list.

Financial
This proposal has no financial implications.
Links to Council Plans, Strategies, Policies
Goal 2 Sustaining the Economy

2.1 Cultivate opportunities for the municipality to prosper and pursue possibilities
for new developments.
Recommendation
That Council approve the street names “Griffin Court” and “Brady Court” for the two
new streets off Hamilton Street in the subdivision at 99 Robinson Street, Horsham.
10.3.2 EXEMPTION FOR FARM BUILDINGS FROM REQUIREMENT TO OBTAIN A

BUILDING PERMIT POLICY
A Murphy File Ref: F04/A04/000001
Purpose
To rescind the Exemption for Farm Buildings from requirement to obtain a building
permit policy.
Background
The exemption for farm buildings from requirement to obtain a building permit
policy was adopted by Council on 15 December 2003. This policy is now due for
review. A copy of the policy is attached as Appendix “10.3B”
Issues
The exemption for farm buildings from requirement to obtain a building permit
policy provides an exemption from certain farm buildings having to obtain a building
permit.
Since the implementation of this Policy over a decade ago, the National Construction
Code and Building Code of Australia has been amended, and now specifically covers
Farm Buildings and Sheds in their definitions.

Building Interim Regulation 2017 - R1804 states that Council may exempt a Class 10
building on a farmland used for farming to be exempt from obtaining a building
permit. This however is a conflict with the Building Code of Australia where farm
buildings and sheds by definition are now classed as Class 7 and Class 8 buildings.
They were previously considered to be Class 10. A description of the definitions is
included in Appendix “10.3C”. A class 10 building is now a private garage, carport or
shed.
As a result in the change of legislation, Council no longer has the power to grant this
exemption, and thus, the Policy is voided.
This Policy is no longer relevant due to a change in State Government legislation. A

media release will be prepared and distributed as part of this proposed rescission of
Council policy.
Financial
This proposal has no financial implications.
Goal 2 Sustaining the Economy

2.1 Cultivate opportunities for the municipality to prosper and pursue possibilities
for new developments.
Recommendation
That Council rescind the exemption for farm buildings from requirement to obtain a
building permit policy.
ANGELA MURPHY
Director Planning and Economic

Officers Reports Director of Community Services
10.4 DIRECTOR OF COMMUNITY SERVICES

10.4.1 DRAFT WIMMERA REGIONAL LIBRARY CORPORATION BUDGET 2018/19
AND FIVE YEAR INDICATIVE BUDGET
K O’Brien File Ref: F11/A02/000001
Purpose
To inform Council of the proposed 2018/19 budget for the Wimmera Regional
Library Corporation including Horsham Rural City Council’s contribution to the library
service.
Background
The Wimmera Regional Library Corporation Board considered its draft budget for
2018/19 on 18 February 2018 and requested that the budget be referred to member
Councils for consideration in accordance with the Regional Library Agreement.
Issues
A copy of the draft budget is attached (see Appendix “10.4A”) and includes:
• Maintaining current opening hours and staffing levels at Horsham Library, and
the mobile service to Laharum and Natimuk;
• Collections budget, including e-resources of $304,986;
• Wi-Fi environment that enables patrons and visitors 24/7 internet access at
Horsham Library;
• Wage increases of 2.50% as per WRLC Agreement;
• Continuation of the Swift shared library consortia arrangements; and
• Continuation of State government library grant.
The Wimmera Regional Library Corporation Board comprises six member Council
representatives who have participated in the draft budget discussions. Cr Koenig and
Kevin O’Brien (Director Community Services) represent Horsham Rural City Council
and are Wimmera Regional Library Corporation Board members.
Financial
The proposed Council contribution for 2018/19 is $494,963, an increase of 0.69%

from the current year’s contribution of $491,576. This proposed Council increase
falls within the proposed CPI. This increase is less than the rate cap for the 2018/19
financial year.
Links to Council Plans, Strategies and Policies
2017 -2021 Health and Wellbeing Plan

2014 Early Years Plan
Recommendation
That the proposed Wimmera Regional Library Corporation Budget for 2018/19 be
referred to Council’s budget process, and that the Library Board be advised
accordingly.
10.4.2 YMCA CONTRACT EXTENSION PROPOSAL

K O’Brien File Ref: 55/01/0921
Purpose
To provide a report with a recommendation to finalise contract extension

negotiations with the YMCA in relation to Contract 12/046: Management and
Operation of Horsham Aquatic Centre.
Background
Council entered into a contract with the YMCA in July 2012 for management of the
Horsham Aquatic Centre for a three-year term, with two further options, each for an
additional three years. The first of these options was taken up by the YMCA, which
extended the original contract until 30 June 2018.
In December 2017, the YMCA submitted an initial contract extension proposal for
the second three-year option as per the conditions of the contract. Since then
discussions have taken place with the YMCA regarding the proposal, in particular
regarding the new contract cost and the proposal to introduce a 24/7 Gymnasium.
Negotiations have taken place with the YMCA, Acting CEO (Graeme Harrison) and
Director Community Services (Kevin O’Brien) after more detailed financial
information and proposed Key Performance Indicators (KPIs) were provided by the
YMCA. A detailed analysis was undertaken of the gross margins associated with each
of the service activities and the changes in key items of expenditure such as salaries
and YMCA overheads. From that analysis it was accepted that the figures reflected a
reasonable position going forward. Following these negotiations, we have reached
what officers consider to be an acceptable position.
The contract documentation states the following aims:
To engage a management agency for the Horsham Aquatic Centre who will develop
an effective and accountable management relationship with Council to provide
sporting and recreational facilities of the highest standard that:
• Seek to cater for the needs of all sections of the local community and visitors as
far as practicable;

• Are utilised for fun and enjoyment, social connection, health and fitness,
education and training, relaxation and competition;
• Are innovative and creative in the range of leisure opportunities available to
users;
• Encourage and support residents, local organisations and groups to participate in
a range of recreational activities;
• Demonstrate sound business acumen, industry best practice and a focus on
quality services;
• Deliver on Council’s goals as included within the Council Plan;
• Recoup the operational cost of the facility while maintaining a high quality,
affordable service; and provide an environment that is functional and safe.
Discussion
If approved by Council the YMCA contract extension proposal increases the current
annual contract payment of $100,848 to the following:
2018/19 2019/20 2020/21

$250,000 $255,000 $260,100
Profit share – YMCA 100% Profit share – YMCA 100% Profit share – YMCA 100%
Loss share – YMCA 100% Loss share – YMCA 100% Loss share – YMCA 100%
The YMCA has also agreed to the following conditions:
• No business changes to the current operation

• YMCA to fund a 24/7 fit out of the facility including enhanced facility surveillance
systems ($65,000 approximate upfront capital investment)
• Council will own the assets at the end of the end of the three year contract.
• Upgraded facility surveillance system
• Three-year extension period concluding 30th June 2021
The justification for the profit/loss share arrangement is that YMCA is taking the risk
of the 24/7 Gym model by making the capital investment; therefore, it is fair that the
YMCA should take any profit that occurs through this investment. The 100%
contractor profit/loss share arrangement reduces Council financial exposure.
Issues
Increase in Local Competition

A recent shift in local competition has seen the rise of private fitness and swimming
lesson providers allowing increased options at lower price points for the community.
As such, the YMCA has experienced significant and unanticipated financial shortfalls
over the previous three years.

On average, there have been 116 less members per month in the 2016/17 financial
year compared to the average number of members in the previous three years
(2012/13, 2013/14 and 2014/15 financial years). This has resulted in a loss of
income. A similar story with swimming memberships with an average reduction of
117 per month in 2016/17 financial year compared to the average of the previous
three years (2012/13, 2013/14 and 2014/15 financial years), which also resulted in a
significant loss of income in the 2016/17 financial year.
Current Service Delivery Model

The contract extension proposal was discussed at the December and January Council
Briefing. Council indicated it did not want to reduce the current service levels as per
the current contract.
24/7 Gym Model

At the December Council Briefing there was a request for more information to be
provided in relation to a proposed 24/7 Gym model, in particular as to whether it
would bring former members back to the facility. The YMCA subsequently carried
out a survey of ex members, casuals and the general community. In summary, in
relation to the 24/7 Gym model, overall 58% of 327 respondents to the survey would
welcome the increase in hours.
The YMCA sees the introduction of the 24/7 model as more of a membership
retention strategy rather than leading to increased memberships (which may also
occur). The YMCA argues that by introducing the 24/7 model it will meet the
broader needs of the community, which are changing constantly requiring more
flexibility in the way current services are delivered. The YMCA are willing to fund the
capital amount required to set up the 24/7 Gym.
Financial Analysis
A detailed analysis was carried out of the YMCA financial model for the final contract
extension period. Overheads are budgeted to increase by an average of 2.33% per
annum. There is expected to be a significant increase in Aquatic Education revenue
as a result of changes in the structure of the program and additional marketing. Also
casual aqua aerobics, recreational swim and group fitness attendances are expected
to increase
Development of new Key Performance Indicators

The YMCA has agreed to develop new KPIs, which would be reported on a monthly
basis to the contract manager. Targets are to be finalised before the contract
commences.
• Monthly reports are provided to Council in relation to YMCA’s performance.

• There is an Advisory Committee meeting bi-monthly that provides feedback on
the operation of the facility.

• A number of meetings have been held with the YMCA in relation to the contract
extension proposal.
• The YMCA has carried out a specific survey in relation to the 24/7 gym model to
provide an opportunity for former members, casual members and the general
community to provide feedback on current service provision.
Financial
The 2017/18 & proposed 2018/19 Budget for the overall running of the Horsham
Aquatic Centre is as follows:
Item 2017/18 2018/19
(proposed)
Aquatic Centre Building Maintenance 54,000 56,000
Aquatic Centre Grounds Maintenance (Materials) 800 1,000
Aquatic Centre Grounds Maintenance (Plant Hire) 3,100 3100
Aquatic Centre Grounds Maintenance (Wages) 12,900 13,400
Aquatic Centre Major Plant Maintenance (Scheduled 47,000 47,000
and Reactive)
Contractors (YMCA) 100,848 250,000
Contractors Other 9,152 9,000
Electricity 163,000 183,000
Fire Services Levy 10,500 10,000
Gas Charges 71,500 81,500
General Rates 48,000 48,000
Insurance 13,000 13,000
Materials Purchased 700 700
Other Sundry Expenses (Miscellaneous when required) 10,000 10,000
Water Charges 35,000 42,600
Outdoor Pool Maintenance 4,000 4,000
Total $583,500 $772,300
The actual contract payment to the YMCA in the 2017/18 financial year is
$100,848.00. This has remained the same for the past three years. Any proposed
increases in Fees and Charges are subject to approval by Council as per contract
conditions.
There is a proposal to install Solar Panels at the Horsham Aquatic Centre. The timing
of this is unknown at this point as are the exact expected savings. Installation would
be dependent upon the receipt of a state government grant.
It also needs to be noted the YMCA’s commitment to reduce energy has been
highlighted in their proposal letter. As part of an ongoing commitment to the
sustainable operation the Horsham Aquatic Centre, the YMCA will also commit to
support council to explore energy related efficiency initiatives which can potentially
reduce the level of energy consumption at the facility.

The YMCA has proposed an increase in the contract payment as follows, 2017/18
arrangements have been included for comparison purposes:
2017/18 2018/19 2019/20 2020/21

$100,848 $250,000 $255,000 $260,100
Profit share – YMCA 50%, Profit share – YMCA Profit share – YMCA Profit share – YMCA
50% Council. 100% 100% 100%
Loss share –YMCA 100% Loss share – YMCA Loss share – YMCA Loss share – YMCA 100%
100% 100%
It is to be noted that the proposed 2018/19 contract figure above does not include
the additional funding required to extend the outdoor pool’s hours on a trial basis in
the 2018/19 season as per the recent petition to Council, the amount being
$8,609.84. This would occur through a contract variation. This amount is included in
the overall budget as “contractors other” in the Financial section above.
• Council Plan 2017-2021

• Municipal Public Health and Wellbeing Plan 2017-2021
• Horsham Aquatic Centre Master Plan 2017
• Early Years Plan 2014
Conclusion
The additional proposed cost to the YMCA Contract is due to changes in the market
because of new gym providers and competition in relation to swimming lessons.
The introduction of the 24/7 model invests in an innovative service model which will
better meets community needs with no Council contribution and the possibility of
generating additional memberships.
Recommendation
That Council accepts YMCA’s contract extension offer as follows:
• Contract fees
2018/19 2019/20 2020/21
$250,000 $255,000 $260,100
Profit share – YMCA 100% Profit share – YMCA 100% Profit share – YMCA 100%
Loss share – YMCA 100% Loss share – YMCA 100% Loss share – YMCA 100%
• No business changes to the current operation.

• YMCA to fund a 24/7 fit out of the facility including enhanced facility surveillance
systems ($65,000 approximate upfront capital investment).
• Upgraded facility surveillance systems.
• Three-year extension period concluding 30 June 2021.

10.4.3 RURAL ACCESS PROGRAM

A Donovan File Ref: F09/A11/000001
Recommendation
That Council refer this item to the confidential briefing part of the meeting to
consider the report from the Director Community Services in accordance with
Section 89(2)(d) contractual matters and Section 89 (2) (a) personnel matters, of the
Local Government Act, 1989.
10.4.4 PUBLIC ART ADVISORY COMMITTEE TERMS OF REFERENCE

J Pearce / A Donovan File Ref: F34/A06/000001
Purpose
As part of Council’s Committee review process, the Public Art Advisory Committee’s
(PAAC) has been reviewed to ensure principles of good governance and
transparency. This process has identified the following:
• Terms of Reference (ToR) are required (Appendix “10.4B”)
• Committee membership process needs to be revised. It is proposed that this be
an Expression of Interest (EOI) (Appendix “10.4C”)
Background
Horsham Rural City Council established the PAAC in 2015 to act as the principle
advisory body to Council on public art.
The PAAC led the development of the first draft of a Public Art Policy. This policy was
redeveloped into the Public Art Policy (adopted 2013) with the most recent version
reviewed and adopted in 2017.
Since its establishment, the PAAC has had a fluctuating membership. Up until now,
there has been no formal membership process and/or Terms of Reference.
Membership has generally comprised of Council Officers, Councillors, artists,
community art organisations and interested community members.
It is timely to call for Expression of Interests to the PAAC as there are a number of
vacancies as previous members have resigned and/or stepped aside.
To continue to support public art in Horsham, it is recognised that Council needs to

strengthen the governance of PAAC and ensure membership represents the diversity
of Horsham.

Discussion
Terms of Reference
The proposed ToR is consistent with other Council Advisory Committees and is based
on current best practice.
Membership
Remaining current PAAC members will be encouraged to apply for PAAC
membership.
Under the proposed ToR, Committee membership shall consist of a maximum of

eight people, being single representatives unless identified otherwise, from the
following groups:
• Councillor, Horsham Rural City Council
• Artist
• Representative of a community art organisation
• Community Members
In addition, up to three Ex Officio attendees, which may include the Cultural

Development Officer, Community Development Manager and the Director Technical
Services (or delegate).
Expression of Interest
New representatives on the PAAC will be selected through a competitive application
process.
The PAAC EOI will be advertised in accordance with Council’s engagement principles,
and in local newspapers and on Council’s website between 21 March and 4 April
2018.
Applicants will be advised within the fortnight and invited to participate in the next
Public Art Advisory Committee Meeting.
If there are more suitable members than vacancies then the appointment decision
will be referred to the 16 April 2018 Council meeting.
New PAAC Representatives will be supplied with a Welcome Kit that includes:
• Welcome Letter
• ToR
• Public Art Policy
• Public Art Implementation Plan
Previous PAAC members and Community Development and Technical Services staff
have been consulted on these proposed changes.

Financial
This work can be undertaken within current budget allocation.
The PAAC aligns with:

• Council Plan
o 1.1 Contribute to building a vibrant, diverse and resilient community
o 1.3 Contribute to cultural activities that enhance our community
• Health and Wellbeing Plan

o Support and promote advocates and events that build community resilience
and social networks for all groups
• Arts and Cultural Plan 2014-2018

o Art in Public Places
Recommendation
That Council adopt the Public Art Advisory Committee Terms of Reference as
attached as Appendix “10.4B”.
KEVIN O’BRIEN
Director Community Services

Officers Reports Director of Technical Services
10.5 DIRECTOR OF TECHNICAL SERVICES

10.5.1 ROAD PROGRAM – DRAFT FOR BUDGET
John Martin File Ref: F02/A01
Purpose
1. To present an initial draft roads program for inclusion in the 2018-19 budget
estimates, and the basis on which the identified works have been prioritised.
2. To propose an engagement process about the road program.
Background
The roads program for the 2018-19 budget includes 23 categories, encompassing:
• Road construction
• Footpaths
• Drainage
• Re-seals and final seals
• Drainage
• Gravel re-sheets
• Bike paths
• Bridges
• Minor design consultancies and works
• Rural and urban areas.
The majority of these works are renewal works, i.e. where assets are re-constructed
to the original construction standard. In these cases, asset management principles
provide the basis for the program prioritisation, for example:
• Sealed road reconstruction and reseal priorities are based on condition

ratings established through three-yearly condition assessments. The roads in
the poorest condition being selected for renewal.
• Gravel re-sheets are similarly based on condition assessments, however
seasonal conditions heavily influence this program, as variations in wear of
gravel roads can occur based on the rainfall and traffic combinations in the
actual year of works. In this case the program is more indicative, with
adjustments made to the program during the season based on updated
inspections as the program progresses.
• Bridge and drain programs are based on periodic condition inspections.
A small component of the program provides for upgrades of existing assets, for
example widening the seal of a road from 3.7 m to 6.2 m, or conversion from an un-
sealed to sealed road, or footpath upgrades. The priorities for these programs are
generally based on:

• Upgrades of roads on priority freight routes. In recent years, priority roads

have included:
o The Dimboola-Minyip Road (shared boundary with Yarriambiack)
o Longerenong Road
o Lower Norton-Nurrabiel Road
o Wonwondah-Dadswells Bridge Road
• For footpaths, a policy adopted by the previous Council, which includes
re-instatement of some asphalt footpaths which have disappeared over time,
and which had not been maintained.
• For bicycle paths, an allocation of $50,000 per year has been made to
upgrade gravel or crushed rock tracks to sealed. These have typically been in
high priority areas close to the CBD which have had maintenance problems.
This year’s priority is the Dooen Road bike track, the subject of a recent
petition. The formation of the Bicycle Advisory Committee will see that group
provide advice to Council on priorities for this program.
A small component of the program provides for some other sections of roads to be
upgraded. The ability to upgrade these roads is often linked to the availability of
external funding. For example, the latest section of Winfields Road is being upgraded
with a Local Roads to Market grant.
Discussion
Most of the program categories are funded at approximately consistent levels from
year-to-year, and condition assessments are used to establish the extent of the
program in each category. The broad aim with the program is to gradually reduce the
renewal gap of roads funding. In simple terms, the renewal gap is the difference
between the amount of depreciation in condition of our roads, and the amount that
Council is spending on maintaining / renewing them to an acceptable standard.
Condition assessments form the basis of our understanding of the condition of our
road assets. These reviews are undertaken each three years, with an assessment
being done of about 5,000 sections of gravel and sealed roads. The assessments
show how the road conditions are changing over time, and are used to identify the
sections of roads due for renewal, and to provide long-term projections of our need
to invest in roads to maintain them in a serviceable condition.
Prioritisation Process
As indicated above, decisions regarding the projects to be prioritised in each

program are primarily based on condition ratings and other inspection programs.
Generally, these coincide well with customer service requests for maintenance or
upgrade of roads.

There can be some discretion in which roads might be included, in the urban and
rural construction programs, at the margin of these programs. That is, some of the
roads can potentially wait a year for re-construction if there is some alternative
priority identified for some other non-renewal reason.
Funding
Funding for roads is drawn from rates, roads allocation from the Grants Commission
funding and other grants.
Two major sources of grant funding are Roads to Recovery and ad-hoc grants.
As advised at the 20 November 2017 Council meeting, Council has been receiving the
following funding from Roads to Recovery (R2R) in the past three years:
2017-18 $1,990,890
2016-17 $2,298,217
2015-16 $2,843,980
For 2018-19 our allocation is $990,000.
This coming year sees a reduced level of funding, with the reduction in R2R, and a
reduced potential for other grant funding.
Proposed Program
The attached spreadsheet Appendix “10.5A” presents a summary of the two key
programs where greater flexibility exists to influence priorities for the program.
These are the rural and urban construction programs. These programs are also the
most visible areas of the program.
For each of these programs, urban and rural, the program shows:
• With an un-shaded background, the projects proposed to be included in the

program
• With a grey background, projects that were short-listed but are unable to be
funded this year.
Consultation Program
In 2016-17 Council applied to the Essential Services Commission and was approved
permission to increase rates 1% above the rate cap. In its report on this approval, the
ESC indicated that for future proposals, Council would need to demonstrate a higher
degree of consultation and community acceptance of proposals, to support a rate
increase above the cap.

While a rate increase above the cap is not currently proposed, it is planned to
commence an approach on better engagement with the community on the roads
program.
Initially, this will commence with the urban and rural construction program, using
the following tools:
• Use of community map to highlight the proposed program and alternatives
considered
• Seeking comments via public notices and Facebook
• A media program to highlight this information and that feedback is being
sought.
This consultation is planned to occur during April 2018.
Subsequently, the comments received and an evaluation of them will be presented

to a Council briefing and/or meeting for final consideration as input to the 2018-19
budget process.
Provided for information of Council.
10.5.2 CITY GARDENS PETITION - UPDATE

John Martin File Ref: F01/A01
Purpose
To report on the outcomes of a meeting with residents of City Gardens Estate, as

part of the response to a petition regarding the wetland that adjoins their properties.
Background
The petition was presented to and discussed at Council’s 5 February 2018 meeting.
The resolution from that meeting was:
1. That the Mayor, supported by the Director Technical Services, convene a

meeting with City Gardens Estate residents in late February to:
• review the outcomes of the maintenance works on the weir
• listen to the residents about their views in response to the actions taken.
2. That further actions be considered based on an assessment of the outcomes
of the meeting.
Issues
In January 2018 the original cause of the petition was addressed, i.e. a leak in the
wall that holds the pond’s water level had been leaking – this was repaired. However
residents also had concerns about:

• The need for slushing and cleaning

• Proliferation of a weed and algae
• Presence of an odour.
A preliminary response to the petition had indicated that the water level would not
be able to be refilled after the leak was fixed. However, this position was changed, as
it was considered necessary to test that the leak was in fact fixed, by filling the pond.
As a result, the water in the wetland was at its normal level at the 2 March meeting.
Present at the meeting were Mayor Clarke, Cr Grimble this Director and about 20
residents of the estate.
The main points raised at the meeting were:
• That there may be a second, smaller leak, which cannot be seen when the
water level in the drain beyond the wetland is high (as was the case at the
time of this latest meeting).
• Frogs do not seem to be in the wetland any more – they were in the past.
• Consideration should have been given to desilting the wetland when it was at
a low level in January
• It was observed that there appears to be blue-green algae in nearby Wotonga
Basin – that was confirmed by this Director, who had been advised of this
earlier in the afternoon of the meeting.
• Concern about fish (carp) stirring up silt in the wetland.
• There used to be 13 pelicans which frequented the wetland, but they no
longer land there.
• Drainage pipes from the local stormwater system appear to be flowing
poorly, potentially due to the build-up of silt within the wetland.
• Several aspects relating to the condition of the lawns and gardens
surrounding the wetlands
At the meeting, this Director committed to:
• Undertaking water quality sampling in the wetland, and comparing that to

water in the Wimmera River, Wotonga Basin and Police Paddock.
• Investigating the level of silt with respect to the drainage outlets into the
wetland.
• Communicating with residents about the outcome of these investigations.
• Subject to these investigations, considering the drying and desilting of the
wetland in the 2018-19 summer, which could also facilitate a reduction in the
extent of ribbon weed.
Subsequent to the meeting, a further email was received from one of the residents.
This focussed primarily on the apparent need for slushing / desilting of the wetland.
The measures outlined above will provide guidance in this regard.

This report outlines the discussions with around 20 residents, and that further
communication will follow.
Financial
The cost of water sampling and investigations will be sourced from existing
maintenance and operation funds.
Council’s mission, from the Council Plan, includes the following relevant points:
Horsham Rural City Council, working with the community, will develop the
municipality through … responsive services and quality infrastructure, whilst
enhancing … our liveability and natural environment.
Maintenance and ongoing operation of the wetland is consistent with these aspects
of Council’s mission.
10.5.3 RECYCLING UPDATE

Rob Moir File Ref: F29/A03/000001
Purpose
To provide an update to Councillors on the status of Council’s recycling service and

the Temporary Relief Funding Arrangements to be provided by Local Government
Victoria.
Background
This report adds to information presented in previous Recycling Update reports at

the 19 February and 5 March 2018 Council meetings.
Since the last report details of the funding support package by the State Government
has been announced, and Council has had to provide an Expression of Interest to the
State Government in order to be considered for this funding.
Some key points from the funding package are:

• It is a temporary relief funding arrangement to support local government in

continuing to provide recycling collection services from 1 March 2018 to 30
June 2018.
• It will cover only a portion of the cost increases associated with recycling
collection services until 30 June 2018.
• The Department will prepare a Funding Agreement following the submission
of the Expression of Interest form.
• The Department will allocate to the council an amount based on the
estimated Recycling Forecast Tonnage at a rate anticipated to be $55 -
$60/tonne.
• The amount will be capped.
• 50 per cent of the amount will be paid on or after 30 April 2018.
• The second and final payment will be the balance of the total eligible
payment calculated on actual tonnage figures for the period reported by the
council up to the capped amount. It will be paid on or after 30 June 2018.
Issues
The clarification and details on the funding support package is positive overall. The
funding will assist us in managing the cost increase until 30 June 2018.
The expression of interest process application was submitted on Wednesday 14

March 2018, ahead of the deadline of 16 March 2018.
The application was progressed internally. It was a straight forward application

where estimates of monthly tonnage were provided, based on historical averages.
Financial
The funding application, if successful will result in funding of approximately $30,000,

leaving a cost increase for the period to 30 June 2018 of approximately $50,000.
The potential remains for cost increases in Council’s waste service of around $30 -
$40 per service from 1 July 2018. The actual level of cost increase will depend on the
development of alternative medium-term arrangements, which is a current focus for
staff.
The Council Plan recognises (on p 14) that:
For the municipality to be a good place to live and preserve our natural
environments we need to: “Better manage our green and hard waste and
educate the community on recycling and energy efficiency.”

Conclusion
A further update will be provided at the Council meeting based on any developments
since the time of writing this report and Council will be updated on the progress of
the submitted application when we have something to report.
ROB MOIR
Acting Director Technical Services

Urgent Business
11. URGENT BUSINESS

APPENDICES

APPENDIX 8.1A
ASSEMBLY OF COUNCILLORS REGISTER
COUNCIL BRIEFING HELD IN THE RECEPTION ROOM

ON TUESDAY 13 MARCH 2018 AT 5.00PM
Present: Cr P Clarke, Mayor (until 6.45pm), Cr MA Radford, Cr J Koenig (until 6.10pm), Cr

A Gulvin (from 5.06pm until 6.45pm), Cr D Grimble, Cr L Power, Cr J Robinson;
Graeme Harrison, Acting Chief Executive; Kerrie Bell, Acting Director Corporate
Services; Kevin O’Brien, Director Community Services; Rob Moir, Acting
Director Technical Services; Angela Murphy, Director Planning and Economic;
Lauren Coman, Regulatory Services Manager (until 5.50pm); Heather Proctor,
Finance Manager (item 3 only); Zac Gorman, Management Accountant (item 3
only); Anne Donovan, Community Development Manager (items 4.1 and 4.2
only); Terry Baker, Municipal Building Surveyor (item 4.3 only)
Apology: John Martin, Director Technical Services
1. WELCOME AND INTRODUCTION
Cr Clarke welcomed everyone.
2. DISCLOSURE OF CONFLICT OF INTEREST SEC 79, LOCAL GOVERNMENT ACT, 1989

(AS AMENDED)
Cr Power declared a conflict of interest – item 4.7.

Cr Radford declared a conflict of interest – item 4.7.
3. FINANCE AND PERFORMANCE COMMITTEE MEETING – 5.00pm
Heather Proctor and Zac Gorman attended.
3.1 Monthly Report

Discussed.
3.2 Town Hall Report

Discussed.
3.3 Creditor Payments

Discussed.
3.4 Other Business

Nil.
4. DISCUSSIONS – 5.30pm
4.1 Public Arts Committee Terms of Reference

Discussed.
4.2 Rural Access Program

Discussed.
Cr Koenig left the meeting at 6.10pm.

APPENDIX 8.1A
4.3 Policy Review / Revocation
Discussed.
4.4 Community Grants and Donations Policies

Discussed.
4.5 Councillor Allowances

Discussed.
4.6 Western Highway Corridor Strategy

Discussed.
Crs Power and Radford left the room due to Conflict of Interest at 6.25pm.
4.7 YMCA Contract

Discussed.
Crs Power and Radford returned at 6.35pm.
4.8 Library Budget

Discussed.
4.9 Request for Approval of Street Names

Discussed.
4.10 Wimmera Machinery Field Days Summary

Discussed.
Crs Clarke and Gulvin left the meeting at 6.45pm.
4.11 HRCC New Website

Demonstrated.
4.12 Review of Delegated Powers

Discussed.
4.13 Parking
Discussed.
5. FOR INFORMATION
5.1 Emergency Management Legislation Bill 2018

Discussed.
6. CLOSE
7.15pm
Dinner after the meeting.

APPENDIX 10.2A
Maddocks Delegations and Authorisations
S6. Instrument of Delegation ─ Members of Staff
Horsham Rural City Council
Instrument of Delegation
to
Members of Council Staff
S6. Instrument of Delegation – Members of Staff

APPENDIX 10.2A
Instrument of Delegation
In exercise of the power conferred by section 98(1) of the Local Government Act 1989 and the other
legislation referred to in the attached Schedule, the Council:
1. delegates each duty and/or function and/or power described in column 1 of the Schedule
(and summarised in column 2 of the Schedule) to the member of Council staff holding,
acting in or performing the duties of the office or position described opposite each such duty
and/or function and/or power in column 3 of the Schedule;
2. record that references in the Schedule are as follows:
2.1 this Instrument of Delegation is authorised by "a resolution" of Council passed on 19

March 2018; and
2.2 the delegation:
2.2.1 comes into force immediately the common seal of Council is affixed to this
Instrument of Delegation;
2.2.2 remains in force until varied or revoked;
2.2.3 is subject to any conditions and limitations set out in sub-paragraph 3.3, and the
Schedule; and
2.2.4 must be exercised in accordance with any guidelines or policies which Council
from time to time adopts; and
2.3 the delegate must not determine the issue, take the action or do the act or thing:
2.3.1 if the issue, action, act or thing is an issue, action or thing which Council has
previously designated as an issue, action, act or thing which must be the subject
of a Resolution of Council; or
2.3.2 if the determining of the issue, taking of the action or doing of the act or thing
would or would be likely to involve a decision which is inconsistent with a
(a) policy; or
(b) strategy
adopted by Council; or
2.3.3 if the determining of the issue, the taking of the action or the doing of the act or
thing cannot be the subject of a lawful delegation, whether on account of section
98(1)(a)-(f) (inclusive) of the Act or otherwise; or
2.3.4 the determining of the issue, the taking of the action or the doing of the act or thing
is already the subject of an exclusive delegation to another member of Council
staff.

APPENDIX 10.2A
THE COMMON SEAL of THE MAYOR, )

COUNCILLORS AND CITIZENS OF )
THE HORSHAM RURAL CITY )
COUNCIL was hereunto affixed in the )
Presence of: )
…………………………………………… Councillor
…………………………………………… Acting Chief Executive Officer

APPENDIX 10.2A
SCHEDULE
INDEX
CEMETERIES AND CREMATORIA ACT 2003 ................................................................................... 1

CEMETERIES AND CREMATORIA REGULATIONS 2015 .............................................................. 10
DOMESTIC ANIMALS ACT 1994 ...................................................................................................... 12
ENVIRONMENT PROTECTION ACT 1970 ....................................................................................... 13
FOOD ACT 1984 ................................................................................................................................ 14
PLANNING AND ENVIRONMENT (FEES) REGULATIONS 2016.................................................... 20
PLANNING AND ENVIRONMENT ACT 1987 ................................................................................... 21
PLANNING AND ENVIRONMENT REGULATIONS 2015 ................................................................ 52
RAIL SAFETY (LOCAL OPERATIONS) ACT 2006 .......................................................................... 54
RESIDENTIAL TENANCIES (CARAVAN PARKS AND MOVABLE DWELLINGS
REGISTRATION AND STANDARDS) REGULATIONS 2010 ................................................ 57
RESIDENTIAL TENANCIES ACT 1997 ............................................................................................. 60
ROAD MANAGEMENT (GENERAL) REGULATIONS 2016 ............................................................. 62
ROAD MANAGEMENT (WORKS AND INFRASTRUCTURE) REGULATIONS 2015 ..................... 64
ROAD MANAGEMENT ACT 2004 ..................................................................................................... 65

APPENDIX 10.2A
S.6 - Instrument of Delegation - To Staff - for adoption by Council 19 March 2018
CEMETERIES AND CREMATORIA ACT 2003
Provision Provision Details Delegate - Initials, Position Name, Current Employee Last Updated Further Information
s. 12(1) function to properly and efficiently manage and maintain each public cemetery for which responsible and carry out where council is a Class B cemetery trust
any other function conferred under this Act
ODM - Organisational Development Dept. Manager 4/11/2013

s. 12(2) duty to have regard to the matters set out in paragraphs (a)-(c) in exercising its functions where council is a Class B cemetery trust

s. 13 duty to do anything necessary or convenient to enable it to carry out its functions
s. 14 power to manage multiple public cemeteries as if they are one cemetery
s. 15(4) duty to keep records of delegations
DCORPS - Director Corporate Services (Acting) 4/11/2013
s. 17(1) power to employ any persons necessary
CE - Chief Executive Officer 4/11/2013
s. 17(2) power to engage any professional technical or other assistance considered necessary
s. 17(3) power to determine the terms and conditions of employment or engagement subject to any guidelines or directions of the
Secretary

s. 18(3) duty to comply with a direction from the Secretary
s. 19 power to carry out or permit the carrying out of works
s. 20(1) duty to set aside areas for the interment of human remains
s. 20(2) power to set aside areas for the purposes of managing a public cemetery
Wednesday, 14 March 2018 Page 1 of 76

APPENDIX 10.2A
s. 20(3) power to set aside areas for those things in paragraphs (a) – (e)
s. 24(2) power to apply to the Secretary for approval to alter the existing distribution of land
s. 40 duty to notify Secretary of fees and charges fixed under section 39
s. 57(1) duty to submit a report to the Secretary every financial year in respect of powers and functions under the Act report must contain the particulars listed in s.57(2)

s. 59 duty to keep records for each public cemetery
s. 60(1) duty to make information in records available to the public for historical or research purposes
s. 60(2) power to charge fees for providing information
s. 64(4) duty to comply with a direction from the Secretary under section 64(3)
s. 64B(d) power to permit interments at a reopened cemetery
s. 69 duty to take reasonable steps to notify of conversion to historic cemetery park
s. 70(1) duty to prepare plan of existing places of interment and make a record of any inscriptions on memorials which are
to be removed

s. 70(2) duty to make plans of existing place of interment available to the public
s. 71(1) power to remove any memorials or other structures in an area to which an approval to convert applies

APPENDIX 10.2A
s. 71(2) power to dispose of any memorial or other structure removed
s. 72(2) duty to comply with request received under section 72
s. 73(1) power to grant a right of interment
s. 73(2) power to impose conditions on the right of interment
s. 75 power to grant the rights of interment set out in subsections (a) and (b)
s. 76(3) duty to allocate a piece of interment if an unallocated right is granted
s. 77(4) power to authorise and impose terms and conditions on the removal of cremated human remains or body parts
from the place of interment on application

s. 80(1) function of receiving notification and payment of transfer of right of interment
s. 80(2) function of recording transfer of right of interment
s. 82(2) duty to pay refund on the surrender of an unexercised right of interment
s. 83(2) duty to pay refund on the surrender of an unexercised right of interment (sole holder)
s. 83(3) power to remove any memorial and grant another right of interment for a surrendered right of interment
s. 84(1) function of receiving notice of surrendering an entitlement to a right of interment

APPENDIX 10.2A
s. 85(1) duty to notify holder of 25 year right of interment of expiration at least 12 months before expiry the notice must be in writing and contain the
requirements listed in s.85(2)

s. 85(2)(b) duty to notify holder of 25 year right of interment of expiration of right at lease 12 months before expiry does not apply where right of internment relates
to remains of a deceased veteran
does not apply where right of interment relates to

remains of a deceased veteran

s. 85(2)(c) power to leave interred cremated remains undistributed in perpetuity and convert right of interment to perpetual may only be exercised where right of
right of internment or; interment relates to cremated human
remains of a deceased identified
veteran, if right of internment is not
remove interred remains and re-inter at another location within cemetery grounds and remove any memorial at extended or converted to a perpetual
that place and re-establish at new or equivalent location. right of interment
applies where Council appointed to

manage cemetery as though it were
a cemetery trust.

s. 86 power to remove and dispose of cremated human remains and remove any memorial if no action taken by right
holder within time specified

s. 86(2) power to leave interred cremated human remains undisturbed or convert the right of interment to a perpetual
right of interment

s. 86(3)(a) power to leave interred cremated human remains undisturbed in perpetuity and convert the right of interment to
a perpetual right of interment

APPENDIX 10.2A
s. 86(3)(b) power to remove interred cremated human remains and take further action in accordance with S.86(3)(b)
s. 86(4) power to take action under s.86(4) relating to removing and re-interring cremated human remains
s. 86(5) duty to provide notification before taking action under s.86(4)
s. 86A duty to maintain place of interment and any memorial at place of interment, if action taken under s.86(3)
s. 87(3) duty if requested to extend the right for a further 25 years or convert the right to a perpetual right of interment
s. 88 function to receive applications to carry out a lift and re-position procedure at a place of interment
s. 91(1) power to cancel a right of interment in accordance with this section
s. 91(3) duty to publish notice of intention to cancel right of interment
s. 92 power to pay refund or grant a right of interment in respect of another place of interment to the previous holder of
the cancelled right of interment

s. 98(1) function of receiving application to establish or alter a memorial or a place of interment
s. 99 power to approve or refuse an application made under section 98 or to cancel an approval
s. 99(4) duty to make a decision on an application under section 98 within 45 days after receipt of the application or within
45 days of receiving further information where requested

APPENDIX 10.2A
s.100(1) power to require a person to remove memorials or places of interment
s.100(2) power to remove and dispose a memorial or place of interment or remedy a persons failure to comply with section
100(1)

s.100(3) power to recover costs of taking action under section 100(2)
s.101 function of receiving applications to establish or alter a building for ceremonies in the cemetery
s.103(3) power to recover costs of taking action under section 103(2)
s.106(1) power to require the holder of the right of interment of the requirement to make the memorial or place of
interment safe and proper or carry out specified repairs

s.106(2) power to require the holder of the right of interment to provide for an examination
s.106(3) power to open and examine the place of interment if section 106(2) not complied with
s.106(4) power to repair or – with the approval of the Secretary - take down remove and dispose any memorial or place of
interment if notice under section 106(1) is not complied with

s.107(1) power to require person responsible to make the building for ceremonies safe and proper or carry out specified
repairs

APPENDIX 10.2A
s.107(2) power to repair or take down remove and dispose any building for ceremonies if notice under section 107(1) is not
complied with

s.108 power to recover costs and expenses
s.109(1)(a) power to open examine and repair a place of interment where the holder of right of interment or
responsible person cannot be found

s.109(1)(b) power to repair a memorial or with the Secretarys consent take down remove and dispose of a memorial where the holder of right of interment or

s.109(2) power to repair the building for ceremonies or with the consent of the Secretary take down remove and dispose of where the holder of right of interment or
a building for ceremonies

s.110(1) power to maintain repair or restore a memorial or place of interment from other funds if unable to find right of
interment holder. with consent of the Secretary

s.110(2) power to maintain repair or restore any building for ceremonies from other funds if unable to find responsible
person and with consent of the Secretary

s.110A power to use cemetery trust funds or other funds for the purposes of establishing, maintaining, repairing or
restoring any memorial or place of interment of any deceased identified veteran

s.111 power to enter into agreement with a holder of the right of interment to maintain a memorial or place of interment

APPENDIX 10.2A
s.112 power to sell and supply memorials
s.116(4) duty to notify the Secretary of an interment authorisation granted
s.116(5) power to require an applicant to produce evidence of the right of interment holders consent to application
s.118 power to grant an interment authorisation if satisfied that the requirements of Division 2 of Part 8 have been met
s.119 power to set terms and conditions for interment authorisations
s.145 duty to comply with an order made by the Magistrates Court or a coroner
s.146 power to dispose of bodily remains by a method other than interment or cremation subject to the approval of the Secretary

s.147 power to apply to the Secretary for approval to dispose of bodily remains by a method other than interment or
cremation

s.149 duty to cease using method of disposal if approval revoked by the Secretary
s.150 + 152(1) power to authorise the interment or cremation of body parts if the requirements of Division 1 of Part 11 are met
s.151 function of receiving applications to inter or cremate body parts
s.152(2) power to impose terms and conditions on authorisation granted under section 150.

APPENDIX 10.2A
sch 1 Cl 8(3) power to permit members to participate in a particular meeting by telephone closed-circuit television or any other
means of communication

sch 1 Cl 8(8) power to regulate own proceedings subject to clause 8

APPENDIX 10.2A
CEMETERIES AND CREMATORIA REGULATIONS 2015
r. 24 duty to ensure that cemetery complies with depth of burial requirements
r. 25 duty to ensure that the cemetery complies with the requirements for interment in concrete-lined graves
r. 27 power to inspect any coffin, container or other receptacle if satisfied of the matters in paragraphs (a) and (b)
r. 28(1) power to remove any fittings on any coffin, container or other receptacle if the fittings may impede the cremation
process or damage the cremator

r. 28(2) duty to ensure any fittings removed of are disposed in an appropriate manner
r. 29 power to dispose of any metal substance or non-human substance recovered from a cremator
r. 30(2) power to release cremated human remains to certain persons subject to any order of a court

r. 31(1) duty to make cremated human remains available for collection within 2 working days after the cremation
r. 31(2) duty to hold cremated human remains for at least 12 months from the date of cremation
r. 31(3) power to dispose of cremated human remains if no person gives a direction within 12 months of the date of
cremation

r. 31(4) duty to take reasonable steps notify relevant people of intention to dispose of remains at expiry of 12 month
period

APPENDIX 10.2A
CEMETERIES AND CREMATORIA REGULATIONS 2015
r. 32 duty to ensure a mausoleum is constructed in accordance with paragraphs (a)-(d)
r. 33(1) duty to ensure that remains are interred in a coffin, container or receptacle in accordance with paragraphs (a)-(c)
r. 33(2) duty to ensure that remains are interred in accordance with paragraphs (a)-(b)
r. 34 duty to ensure that a crypt space in a mausolea is sealed in accordance with paragraphs (a)-(b)
r. 36 duty to provide statement that alternative vendors or supplier of monuments exist
r. 40 power to approve a person to play sport within a public cemetery
r. 41(1) power to approve fishing and bathing within a public cemetery
r. 42(1) power to approve hunting within a public cemetery
r. 43 power to approve camping within a public cemetery
r. 45 power to approve the removal of plants within a public cemetery
r. 46 power to approve certain activities under the
Regulations if satisfied of regulation (1)(a)-(c)

r. 47(3) power to approve the use of fire in a public cemetery
r. 48(2) power to approve a person to drive, ride or use a vehicle on any surface other than a road, track or parking area

APPENDIX 10.2A
DOMESTIC ANIMALS ACT 1994
s. 41A(1) power to declare a dog to be a menacing dog Delegated to the authorised officers in this
position.

DPE - Director Planning & Economic 19/03/2018
MRS - Regulatory Services Manager 19/03/2018

APPENDIX 10.2A
ENVIRONMENT PROTECTION ACT 1970
s.53M(3) power to require further information
EHO1 - Senior Environmental Health Officer 4/11/2013
EHO2 - Environmental Health Officer 4/11/2013
s.53M(4) duty to advise applicant that application is not to be dealt with
s.53M(5) duty to approve plans issue permit or refuse permit refusal must be ratified by council or it is of no
effect

s.53M(6) power to refuse to issue septic tank permit refusal must be ratified by council or it is of no
effect

s.53M(7) duty to refuse to issue a permit in circumstances in (a)-(c) refusal must be ratified by council or it is of no
effect


APPENDIX 10.2A
FOOD ACT 1984
--- power to register renew or transfer registration where council is the registration authority, refusal
to grant/renew/transfer registration must be
ratified by Council or the CEO (see section 58A(2))

s.19(2)(a) power to direct by written order that the food premises be put into a clean and sanitary condition If section 19(1) applies

s.19(2)(b) power to direct by written order that specified steps be taken to ensure that food prepared sold or handled is safe If section 19(1) applies
and suitable

s.19(3) power to direct by written order that the food premises not be kept or used for the sale, or handling for sale, of If section 19(1) applies
any food, or for the preparation of any food, or for any other specified purpose, or for the use of any specified Only in relation to temporary food
premises or mobile food premises
equipment (contd)

s.19(6)(a) duty to revoke any order under section 19 if satisfied that an order has been complied with If section 19(1) applies

s.19(6)(b) duty to give written notice of revocation under section 19(6)(a) if satisfied that an order has been complied with If section 19(1) applies

s.19AA(2) power to direct by written order that a person must take any of the actions described in (a)-(c). where council is the registration authority


APPENDIX 10.2A
FOOD ACT 1984
s.19AA(4)(c) power to direct in an order made under s.19AA(2) or a subsequent written order that a person must ensure that Note: the power to direct the matters under
s.19AA(4)(a) and (b) not capable of delegation and
any food or class of food is not removed from the premises so such directions must be made by a Council
resolution

s.19AA(7) duty to revoke order issued under s.19AA and give written notice of revocation if satisfied that that order has been where council is the registration authority
complied with

s.19CB(4)(b) power to request copy of records where council is the registration authority

s.19E(1)(d) power to request a copy of the food safety program where council is the registration authority

s.19GB power to request proprietor to provide written details of the name qualification or experience of the current food where council is the registration authority
safety supervisor

s.19M(4)(a) + (5) power to conduct a food safety audit and take actions where deficiencies are identified where council is the registration authority

s.19NA(1) power to request food safety audit reports where council is the registration authority


APPENDIX 10.2A
FOOD ACT 1984
s.19U(3) power to waive and vary the costs of a food safety audit if there are special circumstances
s.19UA power to charge fees for conducting a food safety assessment or inspection except for an assessment required by a
declaration under section 19C or an inspection
under sections 38B(1)(c) or 39.

s.19W power to direct a proprietor of a food premises to comply with any requirement under Part IIIB where council is the registration authority

s.19W(3)(a) power to direct a proprietor of a food premises to have staff at the premises undertake training or instruction where council is the registration authority

s.19W(3)(b) power to direct a proprietor of a food premises to have details of any staff training incorporated into the minimum where council is the registration authority
records required to be kept or food safety program of the premises

s.38A(4) power to request a copy of a completed food safety program template where council is the registration authority

s.38AA(5) power to (a) request further information- or (b) advise the proprietor that the premises must be registered if the where council is the registration authority
premises are not exempt


APPENDIX 10.2A
FOOD ACT 1984
s.38AB(4) power to fix a fee for the receipt of a notification under section 38AA in accordance with a declaration under where council is the registration authority
subsection (1)

s.38B(1)(a) duty to assess the application and determine which class of food premises under section 19C the food premises where council is the registration authority
belongs

s.38B(1)(b) duty to ensure proprietor has complied with requirements of section 38A where council is the registration authority

s.38B(2) duty to be satisfied of the matters in section 38B(2)(a)-(b) where council is the registration authority

s.38D(1) duty to ensure compliance with the applicable provisions of section 38C and inspect the premises if required by where council is the registration authority
section 39

s.38D(2) duty to be satisfied of the matters in section 38D(2)(a)-(d) where council is the registration authority

s.38D(3) power to request copies of any audit reports where council is the registration authority


APPENDIX 10.2A
FOOD ACT 1984
s.38E(2) power to register the food premises on a conditional basis where council is the registration authority; not
exceeding the prescribed time limit defined under
subsection (5).

s.38E(4) duty to register the food premises when conditions are satisfied where council is the registration authority

s.39A power to register renew or transfer food premises despite minor defects where council is the registration authority, only if
satisfied of matters in subsections (2)(a)-©

s.40(2) power to incorporate the certificate of registration in one document with any certificate of registration under Part
6 of the Public Health and Wellbeing Act 2008

s.40C(2) power to grant or renew the registration of food premises for a period of less than 1 year where council is the registration authority

s.40D(1) power to suspend or revoke the registration of food premises where council is the registration authority

s.43F(6) duty to be satisfied that registration requirements under Division 3 have been met prior to registering transferring where council is the registration authority
or renewing registration of a component of a food business


APPENDIX 10.2A
FOOD ACT 1984
s.43F(7) power to register the components of the food business that meet requirements in Division 3 and power to refuse where council is the registration authority
to register the components that do not meet the requirements

s.46(5) power to institute proceedings against another person where the offence was due to an act or default by that (contd) against the person first charged
other person and where the first person charged could successfully defend a prosecution without proceedings first where council is the registration authority
being instituted (contd)


APPENDIX 10.2A
PLANNING AND ENVIRONMENT (FEES) REGULATIONS 2016
r.179 power to waive or rebate a fee relating to an amendment of a planning scheme Expires October 2015

r.20 power to waive or rebate a fee other than a fee relating to an amendment to a planning scheme
r.21 duty to record matters taken into account and which formed the basis of a decision to waive or rebate a fee under Expires October 2015
r.19 or 20


APPENDIX 10.2A
PLANNING AND ENVIRONMENT ACT 1987
s. 4B power to prepare an amendment to the Victorian Planning Provisions if authorised by the Minister

s. 4G function of receiving prescribed documents and a copy of the Victorian Planning Provisions from the Minister
s. 4H duty to make amendment to Victorian Planning Provisions available
SSTP - Senior Statutory Town Planner 4/11/2013
STP - Statutory Town Planner 4/11/2013
s. 4I duty to keep Victorian Planning Provisions and other documents available
s. 8A(2) power to prepare amendment to the planning scheme where the Minister has given consent under s.8A
s. 8A(3) power to apply to Minister to prepare an amendment to the planning scheme
s. 8A(5) function of receiving notice of the Minister's decision
s. 8A(7) power to prepare the amendment specified in the application without the Minister's authorisation if no response
received after 10 business days

s. 8B(2) power to apply to the Minister for authorisation to prepare an amendment to the planning scheme of an adjoining
municipal district

APPENDIX 10.2A
s. 12(3) power to carry out studies and do things to ensure proper use of land and consult with other persons to ensure co-
ordination of planning scheme with these persons

s. 12A(1) duty to prepare a municipal strategic statement (including power to prepare a municipal strategic statement under
section 19 of the Planning and Environment (Planning Schemes) Act 1996)

s. 12B(1) duty to review planning scheme
s. 12B(2) duty to review planning scheme at direction of Minister
s. 12B(5) duty to report findings of review of planning scheme to Minister without delay
s. 14 duties of a Responsible Authority as set out in subsections (a) to (d)
s. 17(1) duty of giving copy amendment to the planning scheme
s. 17(2) duty of giving copy s.173 agreement
s. 17(3) duty of giving copy amendment, explanatory report and relevant documents to the Minister within 10 business
days

s. 18 duty to make amendment etc. available

APPENDIX 10.2A
s. 19 function of receiving notice of preparation of an amendment to a planning scheme where Council is not the planning authority and
the amendment affects land within Council's
municipal district; or
where the amendment will amend the planning
scheme to designate Council as an acquiring
authority

s. 19 power to give notice, to decide not to give notice, to publish notice of amendment to a planning scheme and to
exercise any other power under section 19 to a planning scheme
s. 19

s. 20(1) power to apply to Minister for exemption from the requirements of section 19
s. 21(2) duty to make submissions available
s. 21A(4) duty to publish notice in accordance with section
s. 22 duty to consider all submissions

APPENDIX 10.2A
s. 23(1)(b) duty to refer submissions which request a change to the amendment to a panel
s. 23(2) power to refer to a panel submissions which do not require a change to the amendment
s. 24 function to represent council and present a submission at a panel hearing (including a hearing referred to in
section 96D)

s. 26(1) power to make report available for inspection
s. 26(2) duty to keep report of panel available for inspection
s. 27(2) power to apply for exemption if panels report not received
s. 28 duty to notify the Minister if abandoning an amendment Note: the power to make a decision to abandon an
amendment cannot be delegated

s. 30(4)(a) duty to say if amendment has lapsed
s. 30(4)(b) duty to provide information in writing upon request

APPENDIX 10.2A
s. 32(2) duty to give more notice if required
s. 33(1) duty to give more notice of changes to an amendment
s. 36(2) duty to give notice of approval of amendment
s. 38(5) duty to give notice of revocation of an amendment
s. 39 function of being a party to a proceeding commenced under section 39 and duty to comply with determination by
VCAT

s. 40(1) function of lodging copy of approved amendment
s. 41 duty to make approved amendment available
s. 42 duty to make copy of planning scheme available
s. 46AS(ac) power to request the Victorian Planning Authority to provide advice on any matter relating to land in Victoria or an
objective of planning in Victoria

s. 46GF duty to comply with directions issued by the Minister

APPENDIX 10.2A
s. 46GG duty to include a condition in a permit relating to matters set out in s.46GG(c) and (d)
s. 46GH(1) power to require the payment of an amount of infrastructure levy to be secured to Council's satisfaction where council is a collection
agency

DTS - Director Technical Services 15/02/2016
s. 46GH(2) power to accept the provision of land, works, services or facilities in part or full satisfaction of the amount of where council is a collection
infrastructure levy payable agency

s. 46GH(3) duty to obtain the agreement of the relevant development agency or agencies specified in the approved where council is a collection
infrastructure contributions plan before accepting the provision of land, works, services or facilities by the agency
applicant

s. 46GI(1) duty to keep proper accounts of any amount of infrastructure levy paid to it as a collecting agency or a must be done in accordance with Local
Government Act 1989
development agency under part 2 of the Planning and Environment Act 1987

FM - Finance Manager 15/02/2016
s. 46GI(2) duty to forward to a development agency any part of an infrastructure levy paid to council which is imposed for
plan preparation costs incurred by development agency or for carrying out of works, services or facilities on behalf
of the development agency


APPENDIX 10.2A
s. 46GI(3) duty to apply levy amount only in accordance with s.46GI(3) (a) and (b)
s. 46GI(4) power to refund any amount of infrastructure levy paid to it as a development agency under Part 2 of the Planning
and Environment Act 1987 if satisfied that the development is not to proceed

s. 46GI(5) duty to take action described in s.46GI(5)(c) – (e) where s.46GI(5)(a) and (b) applies.
s. 46GL power to recover any amount of infrastructure levy as a debt due to Council where council is a collecting agency

s. 46GM duty to prepare report and give a report to the Minister where council is a collecting agency or
development agency

s. 46N(1) duty to include condition in permit regarding payment of development infrastructure levy
s. 46N(2)(c) function of determining time and manner for receipt of development contributions levy
s. 46N(2)(d) power to enter into an agreement with the applicant regarding payment of development infrastructure levy
s. power to ensure that community infrastructure levy is paid or agreement is in place prior to issuing building permit
46O(1)(a)+(2)(a)
MBS - Relieving Building Surveyor 4/11/2013

APPENDIX 10.2A
s. power to enter into agreement with the applicant regarding payment of community infrastructure levy
46O(1)(d)+(2)(d)

s. 46P(1) power to require payment of amount of levy under section 46N or section 46O to be satisfactorily secured
s. 46P(2) power to accept provision of land works services or facilities in part or full payment of levy payable
s. 46Q(1) duty to keep proper accounts of levies paid
s. 46Q(1A) duty to forward to development agency part of levy imposed for carrying out works services or facilities on behalf
of development agency or plan preparatin costs incurred by a development agency or plan preparation costs
incurred by a development agency

s. 46Q(2) duty to apply levy only for a purpose relating to the provision of plan preparation costs or the works, services and
facilities in respect of which the levy was paid etc

s. 46Q(3) power to refund any amount of levy paid if it is satisfied the development is not to proceed only applies when levy is paid to Council as a
'development agency'

s. 46Q(4)(c) duty to pay amount to current owners of land in the area if an amount of levy has been paid to a municipal council
(contd) or facilities in an area under s.46Q(4)(a)
as a development agency for plan preparation costs incurred by the council or for the provision by the council of
works, services (contd) must be done within six months of the end of the
period required by the development contributions
plan and with the consent of, and in the manner
approved by, the Minister

APPENDIX 10.2A
s. 46Q(4)(d) duty to submit to the Minister an amendment to the approved development contributions plan must be done in accordance with Part 3

s. 46Q(4)(e) duty to expend that amount on other works etc. with the consent of, and in the manner approved
by, the Minister

s. 46QC power to recover any amount of levy payable under Part 3B
s. 46QD duty to prepare report and give a report to the Minister where council is a collecting agency or
development agency

s. 47 power to decide that an application for a planning permit does not comply with that Act
s. 49(1) duty to keep a register of all applications for permits and determinations relating to permits
s. 49(2) duty to make register available for inspection
s. 50(4) duty to amend application
s. 50(5) power to refuse to amend application
s. 50(6) duty to make note of amendment to application in register

APPENDIX 10.2A
s. 50A(1) power to make amendment to application
s. 50A(3) power to require applicant to notify owner and make a declaration that notice has been given
s. 50A(4) duty to note amendment to application in register
s. 51 duty to make copy of application available for inspection
s. 52(1)(a) duty to give notice of the application to owners-occupiers of adjoining allotments unless satisfied that the grant of
permit would not cause material detriment to any person

s. 52(1)(b) duty to give notice of the application to other municipal councils where appropriate
s. 52(1)(c) duty to give notice of the application to all persons required by the planning scheme
s. 52(1)(ca) duty to give notice of the application to owners and occupiers of land benefited by a registered restrictive
covenant if may result in breach of covenant


APPENDIX 10.2A
s. 52(1)(cb) duty to give notice of the application to owners and occupiers of land benefited by a registered restrictive
covenant if application is to remove or vary the covenant

s. 52(1)(d) duty to give notice of the application to other persons who may be detrimentally effected
s. 52(1AA) duty to give notice of an application to remove or vary a registered restrictive covenant
s. 52(3) power to give any further notice of an application where appropriate
s. 53(1) power to require the applicant to give notice under section 52(1) to persons specified by it
s. 53(1A) power to require the applicant to give the notice under section 52(1AA)
s. 54(1) power to require the applicant to provide more information
s. 54(1A) duty to give notice in writing of information required under section 54(1)

APPENDIX 10.2A
s. 54(1B) duty to specify the lapse date for an application
s. 54A(3) power to decide to extend time or refuse to extend time to give required information
s. 54A(4) duty to give written notice of decision to extend or refuse to extend time und section 54A(3)
s. 55(1) duty to give copy application to every referral authority specified in the planning scheme
s. 57(2A) power to reject objections considered made primarily for commercial advantage for the objector
s. 57(3) function of receiving name and address of persons to whom notice of decision is to go
s. 57(5) duty to make available for inspection copy of all objections
s. 57A(4) duty to amend application in accordance with applicants request subject to section 57A(5)
s. 57A(5) power to refuse to amend application

APPENDIX 10.2A
s. 57A(6) duty to note amendments to application in register
s. 57B(1) duty to determine whether and to whom notice should be given
s. 57B(2) duty to consider certain matters in determining whether notice should be given
s. 57C(1) duty to give copy of amended application to referral authority
s. 58 duty to consider every application for a permit except for a development assessment committee application
s. 58A power to request advice from the Planning Application Committee
s. 60 duty to consider certain matters
s. 60(1)(a) power to consider certain matters before deciding on application

APPENDIX 10.2A
s. 60(1B) duty to consider number of objectors in considering whether use or development may have significant social effect
s. 61(1) power to determine permit application, either to decide to grant a permit, to decide to grant a permit with If there are two or more objectors to a permit
application, the matter must be referred to
conditions or to refuse a permit application Council for determination. Also the permit must
not be inconsistent with a cultural heritage
management plan under the Aboriginal Heritage
Act 2006.

s. 61(2) duty to decide to refuse to grant a permit if a relevant determining referral authority objects to grant of permit
s. 61(2A) power to decide to refuse to grant a permit if a relevant recommending referral authority objects to the grant of
permit

s. 61(4) duty to refuse to grant the permit if grant would authorise a breach of a registered restrictive covenant

APPENDIX 10.2A
s. 62(1) duty to include certain conditions in deciding to grant a permit
s. 62(2) power to include other conditions
s. 62(4) duty to ensure conditions are consistent with paragraphs (a)(b) and (c)
s. 62(5)(a) power to include a permit condition to implement an approved development contributions plan
s. 62(5)(b) power to include a permit condition that specified works be provided on or to the land or paid for in accordance
with section 173 agreement

s. 62(5)(c) power to include a permit condition that specified works be provided or paid for by the applicant
s. 62(6)(a) duty not to include a permit condition requiring a person to pay an amount for or provide works except in
accordance with section 62(5) or section 46N


APPENDIX 10.2A
s. 62(6)(b) duty not to include a permit condition requiring a person to pay an amount for or provide works except a condition
that a planning scheme requires to be included as referred to in section 62(1)(a)

s. 63 duty to issue the permit where made a decision in favour of the application (if no one has objected)
s. 64(1) duty to give notice of decision to grant a permit to applicant and objectors this provision applies also to a decision to grant an
amendment to a permit - see section 75

s. 64(3) duty not to issue a permit until after the specified period this provision applies also to a decision to grant an
amendment to a permit - see section 75

s. 64(5) duty to give each objector a copy of an exempt decision
s. 64A duty not to issue permit until the end of a period when an application for review may be lodged with VCAT or until this provision applies also to a decision to grant an
amendment to a permit - see section 75A
VCAT has determined the application, if a relevant recommending referral authority has objected to the grant of a
permit


APPENDIX 10.2A
s. 65(1) duty to give notice of refusal to grant permit to applicant and objector
s. 66(1) duty to give notice under section 64 or section 65 and copy permit to referral authorities
s. 66(2) duty to give a recommending referral authority notice of its decision to grant a permit
s. 66(4) duty to give a recommending referral authority notice of its decision to refuse a permit if the recommending referral authority objected to
the grant of the permit or the recommending
referral authority recommended that a permit
condition be included on the permit

s. 66(6) duty to give a recommending referral authority a copy of any permit which Council decides to grant and a copy of if the recommending referral authority did not
object to the grant of the permit or the
any notice given under section 64 or 65 recommending referral authority did not
recommend a condition be included on the permit

s. 69(1) function of receiving application for extension of time of permit
s. 69(1A) function of receiving application for extension of time to complete development
s. 69(2) power to extend time

APPENDIX 10.2A
s. 70 duty to make copy permit available for inspection
s. 71(1) power to correct certain mistakes
s. 71(2) duty to note corrections in register
s. 73 power to decide to grant amendment subject to conditions
s. 74 duty to issue amended permit to applicant if no objectors
s. 76 duty to give applicant and objectors notice of decision to refuse to grant amendment to permit
s. 76A(1) duty to give relevant determining referral authorities copy of amended permit and copy of notice

APPENDIX 10.2A
s. 76A(2) duty to give a recommending referral authority notice of its decision to grant an amendment to a permit if the recommending referral authority objected to
the amendment of the permit or the responsible
authority decided not to include a condition on the
amended permit recommended by the
recommending referral authority

s. 76A(4) duty to give a recommending referral authority notice of its decision to refuse a permit if the recommending referral authority objected to
the amendment of the permit or the
recommending referral authority recommended
that a permit condition be included on the
amended permit

s. 76A(6) duty to give a recommending referral authority a copy of any amended permit which Council decides to grant and if the recommending referral authority objected to
the amendment of the permit or the
a copy of any notice given under section 64 or 76 recommending referral authority recommended
that a permit condition be included on the
amended permit

s. 76D duty to comply with direction of Minister to issue amended permit
s. 83 function of being respondent to an appeal

APPENDIX 10.2A
s. 83B duty to give or publish notice of application for review
s. 84(1) power to decide on an application at any time after an appeal is lodged against failure to grant a permit
s. 84(2) duty not to issue a permit or notice of decision or refusal after an application is made for review of a failure to
grant a permit

s. 84(3) duty to tell principal registrar if decide to grant a permit after an application is made for review of its failure to
grant a permit

s. 84(6) duty to issue permit on receipt of advice within 3 working days
s. 86 duty to issue a permit at order of Tribunal within 3 working days

APPENDIX 10.2A
s. 87(3) power to apply to VCAT for the cancellation or amendment of a permit
s. 90(1) function of being heard at hearing of request for cancellation or amendment of a permit
s. 91(2) duty to comply with the directions of VCAT
s. 91(2A) duty to issue amended permit to owner if Tribunal so directs
s. 92 duty to give notice of cancellation-amendment of permit by VCAT to persons entitled to be heard under section 90
s. 93(2) duty to give notice of VCAT order to stop development
s. 95(3) function of referring certain applications to the Minister

APPENDIX 10.2A
s. 95(4) duty to comply with an order or direction
s. 96(1) duty to obtain a permit from the Minister to use and develop its land
s. 96(2) function of giving consent to other persons to apply to the Minister for a permit to use and develop Council land
s. 96A(2) power to agree to consider an application for permit concurrently with preparation of proposed amendment
s. 96C power to give notice to decide not to give notice to publish notice and to exercise any other power under section
96C

s. 96F duty to consider the panels report under section 96E
N/D - 4/11/2013
s. 96G(1) power to determine to recommend that a permit be granted or to refuse to recommend that a permit be granted (contd) (Planning Schemes) Act 1996)
and power to notify applicant of the determination (including power to give notice under section 23 of the
Planning and Environment (contd)

s. 96H(3) power to give notice in compliance with Ministers direction
s. 96J power to issue permit as directed by the Minister

APPENDIX 10.2A
s. 96K duty to comply with direction of the Minister to give notice of refusal
s. 96Z duty to keep levy certificates given to it under ss. 47 or 96A for no less than 5 years from receipt of the certificate
s. 97C power to request Minister to decide the application
s. 97D(1) duty to comply with directions of Minister to supply any document or assistance relating to application
s. 97G(3) function of receiving from Minister copy of notice of refusal to grant permit or copy of any permit granted by the
Minister

s. 97G(6) duty to make a copy of permits issued under section 97F available for inspection
s. 97L duty to include Ministerial decisions in a register kept under section 49
s. 97MI duty to contribute to the costs of the Planning Application Committee or subcommittee

APPENDIX 10.2A
s. 97P(3) duty to comply with directions of VCAT following an application for review of a failure or refusal to issue a
certificate

s. 97Q(2) function of being heard by VCAT at hearing of request for amendment or cancellation of certificate
s. 97Q(4) duty to comply with directions of VCAT
s. 97R duty to keep register of all applications for certificate of compliance and related decisions
s. 98(1)+(2) function of receiving claim for compensation in certain circumstances
REPORTING REQUIREMENTS: Must maintain a
register and make this available to Council as
required.
s. 98(4) duty to inform any person of the name of the person from whom compensation can be claimed
s.101 function of receiving claim for expenses in conjunction with claim

APPENDIX 10.2A
s.103 power to reject a claim for compensation in certain circumstances
s.107(1) function of receiving claim for compensation
s.107(3) power to agree to extend time for making claim
s.114(1) power to apply to the VCAT for an enforcement order
s.117(1)(a) function of making a submission to the VCAT where objections are received
s.120(1) power to apply for an interim enforcement order where section 114 application has been made
s.123(1) power to carry out work required by enforcement order and recover costs
s.123(2) power to sell buildings materials etc salvaged in carrying out work under section 123(1) except Crown Land

s.129 function of recovering penalties

APPENDIX 10.2A
s.130(5) power to allow person served with an infringement notice further time
s.149A(1) power to refer a matter to the VCAT for determination
s.149A(1A) power to apply to VCAT for the determination of a matter relating to the interpretation of a S.173 agreement
s.156 duty to pay fees and allowances (including a payment to the Crown under subsection (2A)) and payment or (contd) under subsection (3) and power to
abandon amendment or part of it under
reimbursement for reasonable costs and expenses incurred by the panel in carrying out its functions unless the subsection (4)
Minister directs otherwise (contd)
where council is the relevant planning authority

s.171(2)(f) power to carry out studies and commission reports
s.171(2)(g) power to grant and reserve easements
s.173 power to give consent on behalf of Council where an agreement made under section 173 of the Planning and
Environment Act 1987 requires that something may not be done without the consent of Council or Responsible
Authority

s.173(1) power to enter into agreement covering matters set out in section 174

APPENDIX 10.2A
s.173(1A) power to enter into an agreement with an owner of land for the development or provision of land in relation to where council is the relevant responsible authority
(comes in to force 1 June 18)
affordable housing

s.177(2) power to end a section 173 agreement with the agreement of all those bound by any covenant in the agreement or
otherwise in accordance with Division 2 Part 9

s.178 power to amend a s.173 agreement with the agreement of all those bound by any covenant in the agreement or
otherwise in accordance with Division 2 of Part 9

s.178A(1) function of receiving application to amend or end an agreement
s.178A(3) function of notifying the owner as to whether it agrees in principle to the proposal under s.178a(1)
s.178A(4) function of notifying the applicant and the owner as to whether it agrees in principle to the proposal
s.178A(5) power to propose to amend or end an agreement
s.178B(1) duty to consider certain matters when considering proposal to amend an agreement
s.178B(2) duty to consider certain matters when considering proposal to end an agreement
s.178E(3)(d) power to refuse to amend or end the agreement after considering objections, submissions and
matters in s.148B

APPENDIX 10.2A
s.178F(1) duty to give notice of its decision under s.178E(3)(a) or (b)
s.178F(2) duty to give notice of its decision under s.178E(2)(c) or (3)(d)
s.178F(4) duty not to proceed to amend or end an agreement under s.178E until at least 21 days after notice has been given
or until an application for review to the Tribunal has been determined or withdrawn

s.178G duty to sign amended agreement and give copy to each other party to the agreement
s.178H power to require a person who applies to amend or end an agreement to pay the costs of giving notices and
preparing the amended agreement

s.178I(3) duty to notify, in writing, each party to the agreement of the ending of the agreement relating to Crown land
s.179(2) duty to make available for inspection copy agreement
s.181 power to apply to the Registrar of Titles for registration of the agreement and to deliver a memorial to Registrar-
General

s.181(1A)(a) power to apply to the Registrar of Titles to record the agreement

APPENDIX 10.2A
s.181(1A)(b) duty to apply to the Registrar of Titles, without delay, to record the agreement
s.182 power to enforce an agreement
s.183 duty to tell Registrar of Titles of ending-amendment of agreement
s.184F(1) power to decide to amend or end an agreement at any time after an application for review of the failure of Council
to make a decision
N/D - 7/04/2014
s.184F(2) duty not to amend or end the agreement or give notice of the decision after an application is made to VCAT for
review of a failure to amend or end an agreement
N/D - 7/04/2014
s.184F(3) duty to inform the principal registrar if the responsible authority decides to amend or end an agreement after an
application is made for the review of its failure to end or amend the agreement

s.184F(5) function of receiving advice from the principal registrar that the agreement may be amended or ended in
accordance with Council's decision

s.184G(2) duty to comply with a direction of the Tribunal
s.184G(3) duty to give notice as directed by the Tribunal

APPENDIX 10.2A
s.198(1) function to receive application for planning certificate
s.199(1) duty to give planning certificate to applicant
s.201(1) function of receiving application for declaration of underlying zoning
s.201(3) power in relation to any planning scheme or permit to consent or refuse to consent to any matter which requires
the consent or approval of Council

s.201UAB(1) function of providing the Victorian Planning Authority with information relating to any land within municipal
district

s.201UAB(2) duty to provide the Victorian Planning Authority with information requested under subsection (1) as soon as
possible

APPENDIX 10.2A
s.224(8) duty to provide information requested by Victorian Planning Authority under s.201UAB(1) not yet provided to
Growth Area Authority to Victorian Planning Authority

s.97O duty to consider application and issue or refuse to issue certificate of compliance

APPENDIX 10.2A
PLANNING AND ENVIRONMENT REGULATIONS 2015
r. 2 function of receiving notice under section 96C(1)(c) of the Act from a planning authority of its preparation of a where Council is not the planning authority and
combined application for an amendment to a planning scheme and notice of a permit application municipal district; or
authority

r. 6 function of receiving notice, under section 19(1)(c) of the Act, from a planning authority of its preparation of an where Council is not the planning authority and th
amendment affects land within Counjcil's
amendment to a planning scheme municipal district; or
authority

r.21 power of responsible authority to require a permit applicant to verify information (by statutory declaration or (contd) information provided under section 54 of
the Act
other written confirmation satisfactory to the responsible authority) in an application for a permit or to amend a
permit or any (contd)

r.25(a) duty to make copy of matter considered under section 60(1A(g) available for inspection free of charge where Council is the responsible authority


APPENDIX 10.2A
PLANNING AND ENVIRONMENT REGULATIONS 2015
r.25(b) function of receiving a copy of any document considered under section 60(1A)(g) by the responsible authority and where Council is not the responsible authority but
the relevant land is within Council's municipal
duty to make the document available for inspection free of charge district

r.42 function of receiving notice under section 96C(1)(c) of the Act from a planning authority of its preparation of a where Council is not the planning authority and
combined application for an amendment to a planning scheme and notice or a permit application municipal district; or
authority


APPENDIX 10.2A
RAIL SAFETY ACT (LOCAL OPERATIONS) 2006
s.33 duty to comply with a direction of the Safety Director under this section where council is a utility under section 3
MO - Operations Manager 4/11/2013

s.33A duty to comply with a direction of the Safety Director to give effect to arrangements under this section duty of council as a road authority under the Road
Management Act 2004

s.34 duty to comply with a direction of the Safety Director to alter demolish or take away works carried out contrary to where council is a utility under section 3
a direction under section 33(1)

s.34C(2) function of entering into safety interface agreements with rail infrastructure manager where council is the relevant road manager
MI - Infrastructure Manager 15/02/2016

s.34D(1) function of working in conjunction with rail infrastructure manager in determining whether risks to safety need to where council is the relevant road manager
be managed

s.34D(2) function of receiving written notice of opinion where council is the relevant road manager

s.34D(4) function of entering into safety inferface agreement with infrastructure manager where council is the relevant road manager

s.34E(1)(a) duty to identify and assess risks to safety where council is the relevant road manager


APPENDIX 10.2A
s.34E(1)(b) duty to determine measures to manage any risks identified and assessed having regard to items set out in section where council is the relevant road manager
34E(2)(a)-(c)

s.34E(3) duty to seek to enter into a safety interface agreement with rail infrastructure manager where council is the relevant road manager

s.34F(1)(a) duty to identify and assess risks to safety if written notice has been received under section 34D(2)(a) where council is the relevant road manager

s.34F(1)(b) duty to determine measures to manage any risks identified and assessed if written notice has been received under where council is the relevant road manager
section 34D(2)(a)

s.34F(2) duty to seek to enter into a safety interface agreement with rail infrastructure manager where council is the relevant road manager

s.34H power to identify and assess risks to safety as required under sections 34B 34C 34D 34E or 34F in accordance with where council is the relevant road manager
subsections (a)-(c)

s.34I function of entering into safety interface agreements where council is the relevant road manager

s.34J(2) function of receiving notice from Safety Director where council is the relevant road manager

s.34J(7) duty to comply with a direction of the Safety Director given under section 34J(5) where council is the relevant road manager

APPENDIX 10.2A
s.34K(2) duty to maintain a register of items set out in subsections (a)-(b) where council is the relevant road manager

APPENDIX 10.2A
RESIDENTIAL TENANCIES (CARAVAN PARKS AND MOVABLE DWELLINGS REGISTRATION AND
STANDARDS) REGULATIONS 2010
r. 7 function of entering into a written agreement with a caravan park owner
r.11 function of receiving application for registration
r.13(1) duty to grant the registration if satisfied that the caravan park complies with these regulations
r.13(2) power to refuse to renew the registration if not satisfied that the caravan park complies with these regulations.
DCOMS - Director Community Services 2/02/2015
r.13(4) & (5) duty to issue certificate of registration
r.15(1) function of receiving notice of transfer of ownership
r.15(3) power to determine where notice of transfer is displayed
r.16(1) duty to transfer registration to new caravan park owner

APPENDIX 10.2A
r.16(2) duty to issue a certificate of transfer of registration
r.17(1) power to determine the fee to accompany applications for registration or applications for renewal of registration
r.18 duty to keep register of caravan parks
r.19(4) power to determine where the emergency contact persons details are displayed
r.19(6) power to determine where certain information is displayed
r.22A(1) duty to notify a caravan park owner of the relevant emergency services agencies for the caravan park, on the
request of the caravan park owner

r.22A(2) duty to consult with relevant emergency services agencies
r.23 power to determine places in which caravan park owner must display a copy of emergency procedures

APPENDIX 10.2A
r.24 power to determine places in which caravan park owner must display copy of public emergency warnings
r.25(3) duty to consult with relevant floodplain management authority
r.26 duty to have regard to any report of the relevant fire authority
r.28(c) power to approve system for the collection removal and disposal of sewage and waste water from a movable
dwelling

r.39 function of receiving notice of proposed installation of unregistrable movable dwelling or rigid annexe
r.39(b) power to require notice of proposal to install unregistrable movable dwelling or rigid annexe
r.40(4) function of receiving installation certificate
r.42 power to approve use of a non-habitable structure as a dwelling or part of a dwelling
sch 3 Cl 4(3) power to approve the removal of wheels and axles from unregistrable movable dwelling
MBS - Relieving Building Surveyor 4/11/2013

APPENDIX 10.2A
RESIDENTIAL TENANCIES ACT 1997
s.142D function of receiving notice regarding an unregistered rooming house
s.142G(1) duty to enter required information in Rooming House Register for each rooming house in municipal district
s.142G(2) power to enter certain information in the Rooming House Register
s.142I(2) power to amend or revoke an entry in the Rooming House Register if necessary to maintain the accuracy of the
entry

s.252 power to give tenant a notice to vacate rented premises if subsection (1) applies where council is the landlord

s.262(1) power to give tenant a notice to vacate rented premises where council is the landlord

s.262(3) power to publish its criteria for eligibility for the provision of housing by council
s.518F power to issue notice to caravan park regarding emergency management plan if determined that the plan does not
comply with the requirements


APPENDIX 10.2A
RESIDENTIAL TENANCIES ACT 1997
s.522(1) power to give a compliance notice to a person
s.525(2) power to authorise an officer to exercise powers in section 526 (either generally or in a particular case)
s.525(4) duty to issue identity card to authorised officers
s.526(5) duty to keep record of entry by authorised officer under section 526
s.526A(3) function of receiving report of inspection
s.527 power to authorise a person to institute proceedings (either generally or in a particular case)

APPENDIX 10.2A
ROAD MANAGEMENT (GENERAL) REGULATIONS 2016
r. 8(1) duty to conduct reviews of road management plan
r. 9(2) duty to produce written report of review of road management plan and make report available
r. 9(3) Duty to give notice where road management review is completed and no amendments will be made (or no where council is the coordinating road authority
amendments for which notice is required)

r. 10 duty to give notice of amendment which relates to standard of construction inspection maintenance or repair
under section 41 of the Act

r. 13(1) Duty to publish notice of amendments to road management plan where council is the coordinating road authority

r. 13(3) duty to record on road management plan the substance and date of effect of amendment
r. 16(3) power to issue permit where council is the coordinating road authority

r. 18(1) power to give written consent re damage to road where council is the coordinating road authority

r. 23(2) power to make submission to Tribunal where council is the coordinating road authority

APPENDIX 10.2A
ROAD MANAGEMENT (GENERAL) REGULATIONS 2016
r. 23(4) power to charge a fee for application under sectin 66(1) Road Management Act where council is the coordinating road authority

r. 25(1) power to remove objects refuse rubbish or other material deposited or left on road where council is the responsible road authority

r. 25(2) power to sell or dispose of things removed from road or part of road (after first complying with regulation 25(3) where council is the responsible road authority

r. 25(5) power to recover in the Magistrates Court expenses from person responsible

APPENDIX 10.2A
ROAD MANAGEMENT (WORKS AND INFRASTRUCTURE) REGULATIONS 2015
r. 15 power to exempt a person from requirement under clause 13(1) of Schedule 7 of the Act to give notice as to the where council is the coordinating road authority
and where consent given under section 63(1) of
completion of those works the Act

r. 22(2) power to waive whole or part of fee in certain circumstances where council is the coordinating road authority

APPENDIX 10.2A
ROAD MANAGEMENT ACT 2004
s. 11(1) power to declare a road by publishing a notice in the Government Gazette obtain consent in circumstances specified in
section 11(2)

s. 11(10) duty to inform Secretary to Department of Environment, Land, Water and Planning of declaration etc. clause subject to section 11(10A)
MIRS - Manager Rates & Information Services 4/11/2013

s. 11(10A) duty to inform Secretary to Department of Environment, Land, Water and Planning or nominated person where council is the coordinating road authority

s. 11(8) power to name a road or change the name of a road by publishing notice in Government Gazette
s. 11(9)(b) duty to advise Registrar
s. 12(10) duty to notify of decision made duty of coordinating road authority where it is the
discontinuing body, does not apply where an
exemption is specified by the regulations or given
by the Minister

s. 12(2) power to discontinue road or part of a road were council is the coordinating road authority

s. 12(4) power to publish and provide copy notice of proposed discontinuance power of coordinating road authority where it is
the discontinuing body, unless subsection (11)
applies

s. 12(5) duty to consider written submissions received within 28 days of notice duty of coordinating road authority where it is the
discontinuing body, unless subsection (11) applies

APPENDIX 10.2A
s. 12(6) function of hearing a person in support of their written submission function of coordinating road authority where it is
the discontinuing body, unless subsection (11)
applies

s. 12(7) duty to fix day time and place of meeting under subsection (6) and to give notice duty of coordinating road authority where it is the
discontinuing body, unless subsection (11) applies

s. 13(1) power to fix the boundary of a road by publishing notice in Government Gazette power of coordinating road authority and obtain
consent under section 13(3) and section 13(4) as
appropriate

s. 14(4) function of receiving notice from VicRoads
s. 15(1) power to enter into arrangement with another road authority utility or a provider of public transport to transfer a
road management function of the road authority to the other road authority utility or provider of public transport

s. 15(1A) power to enter into arrangement with a utility to transfer a road management function of the utility to the road
authority

s. 15(2) duty to include details of arrangement in public roads register
s. 16(7) power to enter into an arrangement under section 15
s. 16(8) duty to enter details of determination in public roads register
s. 17(2) duty to register public road in public roads register where council is the coordinating road authority

APPENDIX 10.2A
s. 17(3) power to decide that a road is reasonably required for general public use where council is the coordinating road authority

s. 17(4) power to decide that a road is no longer reasonably required for general public use where council is the coordinating road authority

s. 18(1) power to designate ancillary area where council is the coordinating road authority,
and obtain consent in circumstances specified in
section 18(2)

s. 18(3) duty to record designation in public roads register where council is the coordinating road authority

s. 19(1) duty to keep register of public roads in respect of which it is the coordinating road authority
s. 19(4) duty to specify details of discontinuance in public roads register
s. 19(5) duty to ensure public roads register is available for public inspection
s. 21 function of replying to request for information or advice obtain consent in circumstances specified in
section 11(2)

s. 22(2) function of commenting on proposed direction
s. 22(4) duty to publish a copy or summary of any direction made under section 22 by the Minister in its annual report.
s. 22(5) duty to give effect to a direction under this section.

APPENDIX 10.2A
s. 40(1) duty to inspect maintain and repair a public road.
s. 40(5) power to inspect maintain and repair a road which is not a public road
s. 41(1) power to determine the standard of construction inspection maintenance and repair
s. 42(1) power to declare a public road as a controlled access road power of coordinating road authority and
Schedule 2 also applies

s. 42(2) power to amend or revoke declaration by notice published in Government Gazette power of coordinating road authority and
Schedule 2 also applies

s. 42A(3) duty to consult with VicRoads before road is specified where council is the coordinating road authority, if
road is a municipal road or part thereof

s. 42A(4) power to approve Ministers decision to specify a road as a specified freight road where council is the coordinating road authority, if
road is a municipal road or part thereof and where
road is to be specified a freight road

s. 48EA duty to notify the owner or occupier of land and provider of public transport on which rail infrastructure or rolling where council is the responsible road authority,
infrastructure manager or works manager
stock is located (and any relevant provider of public transport)

APPENDIX 10.2A
s. 48M(3) function of consulting with the relevant authority for purposes of developing guidelines under section 48M
s. 49 power to develop and publish a road management plan
s. 51 power to determine standards by incorporating the standards in a road management plan
s. 53(2) power to cause notice to be published in Government Gazette of amendment etc of document in road
management plan

s. 54(2) duty to give notice of proposal to make a road management plan
s. 54(5) duty to conduct a review of road management plan at prescribed intervals
s. 54(6) power to amend road management plan
s. 54(7) duty to incorporate the amendments into the road management plan
s. 55(1) duty to cause notice of road management plan to be published in Government Gazette and newspaper

APPENDIX 10.2A
s. 63(1) power to consent to conduct of works on road where council is the coordinating road authority

s. 63(2)(e) power to conduct or to authorise the conduct of works in on under or over a road in an emergency where council is the infrastructure manager

s. 64(1) duty to comply with clause 13 of Schedule 7 where council is the infrastructure manager or
works manager

s. 66(1) power to consent to structure etc where council is the coordinating road authority

s. 67(2) function of receiving the name + address of the person responsible for distributing the sign or bill where council is the coordinating road authority

s. 67(3) power to request information where council is the coordinating road authority

s. 68(2) power to request information where council is the coordinating road authority

s. 71(3) power to appoint an authorised officer
s. 72 duty to issue an identity card to each authorised officer

APPENDIX 10.2A
s. 85 function of receiving report from authorised officer
s. 86 duty to keep register re section 85 matters
s. 87(1) function of receiving complaints
s. 87(2) duty to investigate complaint and provide report
s.112(2) power to recover damages in court
s.116 power to cause or carry out inspection
RMC - Risk Management Co-ordinator 4/11/2013
s.119(2) function of consulting with VicRoads
s.120(1) power to exercise road management functions on an arterial road (with the consent of VicRoads)
s.120(2) duty to seek consent of VicRoads to exercise road management functions before exercising power in section 120(1)
s.121(1) power to enter into an agreement in respect of works
s.122(1) power to charge and recover fees
s.123(1) power to charge for any service
sch 2 Cl 2(1) power to make a decision in respect of controlled access roads

APPENDIX 10.2A
sch 2 Cl 3(1) duty to make policy about controlled access roads
sch 2 Cl 3(2) power to amend revoke or substitute policy about controlled access roads
sch 2 Cl 4 function of receiving details of proposal from VicRoads and power to make a submission
sch 2 Cl 5 duty to publish notice of declaration
sch 7 Cl 7(1) duty to give notice to relevant coordinating road authority of proposed installation of non-road infrastructure or where council is the infrastructure manager or
works manager
related works on a road reserve

sch 7 Cl 8(1) duty to give notice to any other infrastructure manager or works manager responsible for any non-road where council is the infrastructure manager or
works manager
infrastructure in the area that could be affected by any proposed installation of infrastructure or related works on
a road or road reserve of any road

sch 7 Cl 9(1) duty to comply with request for information from a coordinating road authority an infrastructure manager or a (contd) technical advice or assistance in conduct
of works
works manager responsible for existing or proposed infrastructure in relation to the location of any non-road
infrastructure and (contd) where council is the infrastructure manager or
works manager responsible for non-road
infrastructure


APPENDIX 10.2A
sch 7 Cl 9(2) duty to give information to another infrastructure manager or works manager where becomes aware any where council is the infrastructure manager or
works manager
infrastructure or works are not in the location shown on records appear to be in an unsafe condition or appear to
need maintenance

sch 7 Cl 10(2) where Schedule 7 Clause 10(1) applies duty to where possible conduct appropriate consultation with persons likely where council is the infrastructure manager or
works manager
to be significantly affected

sch 7 Cl 12(2) power to direct infrastructure manager or works manager to conduct reinstatement works where council is the coordinating road authority

sch 7 Cl 12(3) power to take measures to ensure reinstatement works are completed where council is the coordinating road authority

sch 7 Cl 12(4) duty to ensure that works are conducted by an appropriately qualified person where council is the coordinating road authority


APPENDIX 10.2A
sch 7 Cl 12(5) power to recover costs where council is the coordinating road authority

sch 7 Cl 13(1) duty to notify relevant coordinating road authority within 7 days that works have been completed subject to where council is the works manager
Schedule 7 Clause 13(2)

sch 7 Cl 13(2) power to vary notice period where council is the coordinating road authority

sch 7 Cl 13(3) duty to ensure works manager has complied with obligation to give notice under Schedule 7 Clause 13(1) where council is the infrastructure manager

sch 7 Cl 16(1) power to consent to proposed works where council is the coordinating road authority

sch 7 Cl 16(4) duty to consult where council is the coordinating road authority,
responsible authority or infrastructure manager


APPENDIX 10.2A
sch 7 Cl 16(5) power to consent to proposed works where council is the coordinating road authority

sch 7 Cl 16(6) power to set reasonable conditions on consent where council is the coordinating road authority

sch 7 Cl 16(8) power to include consents and conditions where council is the coordinating road authority

sch 7 Cl 17(2) power to refuse to give consent and duty to give reasons for refusal where council is the coordinating road authority

sch 7 Cl 18(1) power to enter into an agreement where council is the coordinating road authority

sch 7 Cl 19(1) power to give notice requiring rectification of works where council is the coordinating road authority


APPENDIX 10.2A
sch 7 Cl power to conduct the rectification works or engage a person to conduct the rectification works and power to where council is the coordinating road authority
19(2)+(3) recover costs incurred

sch 7 Cl 20(1) power to require removal relocation replacement or upgrade of existing non-road infrastructure where council is the coordinating road authority

sch 7A Cl 3(1)(d) duty to pay installation and operation costs of street lighting - where road is not an arterial road where council is the responsible road authority

sch 7A Cl 3(1)(e) duty to pay installation and operation costs of street lighting – where road is a service road on an arterial road and where council is the responsible road authority
adjacent areas

sch 7A Cl 2 power to cause street lights to be installed on roads power of responsible road authority where it is the
coordinating road authority or responsible road
authority in respect of the road

sch 7A Cl(3)(1)(f) duty to pay installation and percentage of operation costs of street lighting – for arterial roads in accordance with duty of council as responsible road authority that
installed the light (re: installation costs) and where
clauses 3(2) and 4 council is relevant municipal council (re: operating
costs)

APPENDIX 10.2B
Policy No: C04/024
Council Policy
Community Development Grants
1. PURPOSE
Horsham Rural City Council (HRCC) Community Development Grants Program helps
groups in the Horsham & district community to improve community facilities and work
together for more engaged and healthy communities.
This policy provides the framework for the delivery of Council’s Community
Development Grants Program.
2. INTRODUCTION
The HRCC Community Development Grants Program is an annual funding program that
allocates grants to local not-for-profit organisations, groups and associations every year.
This policy outlines the funding priorities, eligibility, application requirements,
assessment criteria, grant approval and payment processes, timelines and reporting
process, and general information.
3. SCOPE
This policy is applicable to all community not-for-profit groups who operate in or provide
activities for the benefit of the residents of Horsham Rural City Council.
4. DEFINITIONS
N/A
5. PRINCIPLES
The HRCC Community Development Grants program is an annual funding program

allocated as part of Council’s yearly budget process to not-for-profit community
organisations.
Warning – uncontrolled when printed – the current version of this document is kept on the HRCC website and intranet Printed 9/03/18
HRCC Policy – Community Development Grants Program Page 1
APPENDIX 10.2B
Policy No: C04/024
5.1 Funding Priorities
The Community Development Grants Program is linked to the key priorities of the
current Council Plan and Health and Wellbeing Plan. Accordingly, successful applications
should support one of the following key funding priorities:
A. Social connection
B. Physical activity
C. Healthy, safe and liveable environments
D. Education and economic development
E. Public health and safety
F. Healthy eating
G. Prevention of violence against women
H. Disability Access
• Community & cultural development Formatted: Font: Bold
• Sustaining the economy Formatted: Bulleted + Level: 1 +

Aligned at: 12.7 mm + Indent at: 19
• Asset management mm
Formatted: Font: Bold
• Good governance
• Natural and built environment
• Healthy eating and active living
• Reduce alcohol and drug use Formatted: Font: Bold
• Improve mental health Formatted: Font: Bold
• Education and economic development Formatted: Font: Bold
• Preventing family violence Formatted: Font: Bold

• Improving family health
• Improving early years outcomes
• Disability Access Formatted: Font: Bold
Formatted: Indent: Left: 19 mm
An application may also be lodged for any project that may not fit the key funding
priorities but is linked to other Council Plans or Strategies or has a community focus.
Council may, for a particular year, add or change key funding priorities.
The maximum allocation per organisation is $10,000 although the majority of successful
applications range between $500 and $5,000. Council may consider a larger staged
project over a number of years for an application in excess of $10,000.
Projects which have a significant cash and/or in-kind contribution by the applicant
organisation are encouraged.
Total funds made available, for a particular financial year, will be a decision of Council
within the annual budget process.
APPENDIX 10.2B
Policy No: C04/024
5.2 Eligibility
All not-for-profit organisations, groups and associations based within Horsham Rural City
Council may apply for a community development grant.
The project must be delivered within the Horsham municipality and include direct
benefits for residents of the municipality.
Who cannot apply and what projects are ineligible for funding?
• Individuals
• Those seeking funding for a commercial business
• Those groups who have not expended or reported back on a previous grant
allocation
• Funding for organisational operating costs, e.g. wages and utilities
• Projects that are the responsibility of other sectors of government
• Projects that are a clear duplication of other services
• Projects that have already commenced
• Applications that are received after the closing date.
Projects are to commence after 1 July and be completed by 30 June of the following
year.
5.3 Application process
Eligible groups must apply by the due date and using the form supplied on the HRCC
Council website: Guidelines and templates for the Community Development Grants
http://www.hrcc.vic.gov.au/community-grants
All applications must include:

• Completed details of what the grant funds will be spent on
• An indication of other funds that will be put towards the project
• An estimate of volunteer in-kind support for the project
• A quote for all goods and services over $1,000
• A copy of the organisation’s most recent audited financial statements where the
application shows a cash contribution from the organisation of >$5,000
• Endorsement of all groups/organisations who will use or benefit from the
project, including the over-arching body who auspices the group or the Section
86 Committee (if applicable)
5.4 Assessment Criteria
APPENDIX 10.2B
Policy No: C04/024
Applications will be assessed using the following criteria:

• The level of contribution to the project by the applicant
• The extent of previous assistance provided by Council. Submissions from a
previously unfunded group will be given a higher priority in the assessment
process
• The spread of grants across community, cultural and sporting areas (including
geographic spread)
• How well the project supports Council’s priorities in terms of the Health & Well-
being Plan and Council Plan
• Value for money – considering membership and number of users to benefit from
the project
• Council may determine that one or more significant projects may have
preference over several smaller projects
5.5 Assessment Process
• All applications are received by the Records Department and saved electronically.
• The Grants Officer prepares a Grants Summary which ranks applications in
accordance with the assessment criteria
• Initial assessment panel consisting of:
- Grants Officer
- Finance Manager
- One representative of Technical Services, Community Services and Economic
Development and PlanningPlanning and Economic
• The initial assessment panel makes recommendations to the Executive
Management Team.
• Sport & Recreation projects are referred to Council’s Sport & Recreation Advisory
Committee for prioritisation before final approvals are made.
• Executive Management Team endorse final grants list
• Final adoption by Council as part of the yearly budget process
Council may only allocate part funding for a project rather than the full amount
requested in the application.
A grant allocation by Council does not mean any ongoing funding commitment or
obligation by Council.
Applications seeking sponsorship for marketing and promotion of a local event outside
the municipality are referred to Council’s Tourism Events & Festival funding program
and guidelines.
APPENDIX 10.2B
Policy No: C04/024
HRCC assistance should be acknowledged on any promotional material or media

coverage relating to the successful project.
5.6 Time lines
Time lines are established by the Finance Manager in December each year to fit in with
the budget process for the following year. General guideline for timelines is as follows:
• Applications open End of January
• Applications close End of February
• Council Adoption End of April
• Advice to applicants End of April
5.7 Grant payment
In general, Grants will be paid in October of each year; however the payment date may
be varied in justifiable circumstances, upon written request to Council.
Payment of grants will be made upon receipt of invoices or evidence of project
payments by the organisation. These invoices and payments must coincide with the
grant financial year.
5.8 Grant Reporting
Successful applicants are required to complete a Community Grants Project Report

upon completion of the project.
The template for the Project Report can be downloaded at

http://www.hrcc.vic.gov.au/community-grants
6. COMMUNICATION
The Community Development Grants program has a dedicated page on the Council
internet site http://www.hrcc.vic.gov.au/community-grants.
The Guidelines and Application forms are forwarded to all applicants from the previous
year.
The Community Development Grants Program is promoted during February each year in
local print media, coordinated by the Media and Communications Officer. Community
information sessions are coordinated by the Grants Officer in February each year
7. RESPONSIBILITY
Policy Owner: Grants officer
APPENDIX 10.2B
Policy No: C04/024
8. SUPPORTING DOCUMENTS
Document Location
HRCC Community Grants Program – Funding Guidelines Internet
HRCC Community Grants Program – Application template Internet
HRCC Community Donations Policy Internet
9. DOCUMENT CONTROL
Version Approval Approval By Amendment

Number Date
01 3 March Council • New Policy
2014
2002 Feb 2017 Council • Disability Access Criteria
• Revised notification month
• Inclusion of project ranking
• Inclusion of Grants Information
Session
03 Feb 2018 Council • Changes to funding categories
APPENDIX 10.2C
Policy No: C04/025
Council Policy
Community Donations
1. PURPOSE
Horsham Rural City Council (HRCC) provides annual assistance to a range of community
groups on a recurrent basis to support the activities of these groups within the
municipality. These community donations are included in the Council Budget adopted
each year.
This policy provides the framework for Council’s annual Community Donations program.
2. INTRODUCTION
In each annual budget process, HRCC allocates recurrent funding assistance to support
the activities of a range of community organisations that provide community facilities,
services, social support and recreational opportunities for the municipality.
This policy outlines the rationale for community donations, eligibility, donation requests,
assessment criteria, donation approval and payment processes.
3. SCOPE
This policy is applicable to community groups who operate in or provide activities for the
benefit of the residents of Horsham Rural City Council.
4. DEFINITIONS
Community Donation – for the purposes of this policy a Community Donation means
Horsham Rural City Council giving a cash payment or other council resources to assist
the recurrent operations of community groups.
APPENDIX 10.2C
Policy No: C04/025
5. PRINCIPLES
HRCC provides a range of community donations to local community groups. Council

recognises that there are many community groups who work to make our municipality a
better place to ‘live, work and play’. The key principle is that the donation supports
recurrent operational aspects of organisations within our community that provide
community facilities, services or recreational activities that benefit the health &
wellbeing of residents of our municipality. The donations program supports the Key
Strategy Goal 1 of the Council Plan to “Enhance the development ofDevelop Horsham
and surrounding areasthe municipality as a diverse, inclusive and vibrant community”.
5.1 Eligibility
Community donations are allocated under the following categories:

A. Recreation Reserve – maintenance of grass playing surfaces
This is an annual cash donation to assist recreation reserve Committees of
Management maintain the standard of watered grass playing surfaces for the benefit
of wider community use. Donations are based on whether a recreation reserve
maintains a watered grass playing surface for competition sport during Summer Formatted: Underline
and/or Winter. For example: a reserve that is watered for both Summer and Winter Formatted: Underline
competition will receive two allocations. A reserve that is watered for either Formatted: Underline
Summer or Winter will receive one allocation.a pre-determined allocation per

competition sport (requiring a grass playing surface) and
A a smaller pre-determined allocation is provided for recreations reserves with no
competition sport or that have a non-watered grass playing surface. Formatted: Underline
Recreation reserves that receive direct support and maintenance via Council
recreation staff are not eligible for recurrent cash donations.
B. Kindergartens (Council owned) - annual maintenance

Council provide a general maintenance allocation to all council owned kindergartens.
Council also provide a recurrent grant to support the operations of the Horsham
District Kindergarten Association.
C. Public Halls – Insurance

Council provides Industrial Special Risk (ISR) insurance for Public Halls. ISR insurance
essentially provides property damage cover for buildings and in some cases contents.
In addition, Council also provides public liability cover for “casual” (and some
designated “regular”) hirers of community halls, together with public liability
APPENDIX 10.2C
Policy No: C04/025
insurance cover for the delegated activities of any Section 86 Committee of

Management (noting that public liability which cover is provided through the Crown, Formatted: Font color: Red
for any Crown Land Committee of Management). Formatted: Highlight

Formatted: Font color: Red
D. Charitable retail premises - Refund of rate payments

In recognition of the outstanding community service work provided to our
municipality Council refunds the rate payments levied on charitable retail premises.
E Sponsorship of prizes
Council sponsor a number of annual prizes to support the activities of schools and
local events.
F. Specific other donations

Council recognise the important role that certain not-for-profit organisations play
within our community to enhance the physical, recreational and/or social attributes
of our municipality, through an annual cash donation.
The eligibility and amount of community donations is reviewed each year as part of
Council’s annual budget process. A full list of yearly community donations is included
in Council’s Annual Budget (available on Council’s website).
Note - groups receiving a community donation may also apply under the Community
Development Grants Program if they require cash support for a specific project.
5.2 Application for a Community Donation
The allocation of recurrent community donations are only made to community groups in
accordance with Section 5.1. If a community group believes that they fit under one of
the eligible categories for a community donation or if a current donation recipient
requests a variation they may lodge a request in writing to:
The Chief Executive

PO Box 511
HORSHAM VIC 3402
The request must provide details of their organisation, including current membership,
and details of community facilities and services provided including public access. The
APPENDIX 10.2C
Policy No: C04/025
request must state the reasons why the organisation is seeking on-going operational
support from Council.
The Chief Executive will make recommendation to Council who must approve any new
community donations as part of the annual budget process.
5.3 Payment of a Community Donation

Once approved and listed in Council’s adopted budget for a financial year, the grant
funds will be paid in October of that year, unless an alternative payment schedule is
requested and approved by Council’s Finance Manager.
6. COMMUNICATION
A list of Community Donations is contained in the Operating Budget adopted by Council

each year.
7. RESPONSIBILITY
Policy Owner: Grants officer
8. SUPPORTING DOCUMENTS
Document Location
HRCC Community Development Grants Policy Internet/Intranet
9. DOCUMENT CONTROL
Version Approval Approval By Amendment

Number Date
01 3rd March Council • New Policy
2014
02 Jan 2017 Council • Removal of refund of rate
payments for service clubs as
properties no longer rateable
• Clarification of eligibility D –
refund of rates for charitable
retail premises i.e. Opportunity
shops
• Removal of listing of
organisations – this is now noted
APPENDIX 10.2C
Policy No: C04/025
as included in Council budget

03 Feb 2018 Council • Clarification of donations to
watered and non-watered grass
playing surfaces
GRASS PLAYING SURFACES MAINTENANCE
CPI 2% inc
Community maintained surfaces rounded to 00's
Watered Proposed
grass HRCC Current amount for
playing Who undertakes collects Grant grant
Facility Sport Snr Jnr Play train surface Committee the work User fees 2017/2018 2018/2019 Comments
Dooen Nil No Dooen Recreation Reserve (DELWP) Committee No $0 $0 No grass playing surfaces
Dock Lake ( Taylors lake) Football X X X X Yes Dock Lake Reserve committee (DELWP) Committee No $11,600 $11,800 2 sports ( all year use)
Cricket X ? X X Yes
Laharum Football X X X X Yes Laharum Sports Inc. ( HRCC) Committee No $11,600 $11,800 2 sports (all year use)
Cricket X X X X Yes
Kalkee Football x X X X Yes Kalkee Recreation Reserve (DELWP) Committee No $5,800 $5,900 1 sport ( partial year use)
Pimpinio Football X X X X Yes Pimpinio Recreation Reserve Committee No $5,800 $5,900 1 sport ( partial year use)
Quantong Football X X X X Yes Quantong Inc. (HRCC) Committee No $11,600 $11,800 2 sports (all year use)
Cricket X X Yes
Riverside ( Equestrian outdoor
surface) Horses X X X No Riverside Recreation Reserve Committee No $500 $500
Noradjuha Cricket X X No Noradjuha Recreation Reserve (DELWP) Committee No $5,800 $500 No watering of grass surface for cricket
Natimuk Showgrounds Football X X X X Natimuk Committee (AandP society) committee No $5,800 $5,900 1 sport ( partial year use)
Toolondo Nil Toolondo Recreation Reserve Committee No $500 $500 No current sport
Coughlin park Football X X X X Saints ( Parish) HRCC & committee No $11,600 $11,800 2 sports (all year use)
Cricket X X X X (HRCC retain funding to allocate internal staff)
school X X
HRCC maintained surfaces

Current
HRCC Amount Proposed
Who undertakes collects given as amount for
Facility Sport Snr Jnr Play train Committee the work User fees grant grant Comments
Horsham Recreation Reserve Advisory
City Oval Football X X X X Committee HRCC Yes $0 $0
Cricket X X
Dudley Cornell Park Football X X HRCC direct management HRCC Yes $0 $0
Cricket X X X
Soccer X X X
Little Athletics X X X
APPENDIX 10.2D
Haven School X X Haven Advisory Committee (HRCC) HRCC yes $0 $0 Council undertake all the work
Horsham College Football X X Horsham Community COM HRCC Yes $0 $0
Cricket X X X X
Hockey X X X
Umpires X X
Horsham Racecourse Advisory Committee (
Horsham Racecourse Reserve Adhoc Training X X HRCC) HRCC Yes $0 $0
Sunnyside Cricket X X X X Sunnyside Advisory Committee HRCC Yes $0 $0
school X X
TOTALS $70,600 $66,400

APPENDIX 10.3A
APPENDIX 10.3B
POLICY FILE
CATEGORY: BUILDING/TOWN PLANNING
SUBJECT: Exemption for Farm Buildings from requirement to obtain a

Building Permit
NO: 5
_____________________________________________________________________
Council at its meeting on Monday 15th December, 2003 adopted the following policy:-
POLICY:
That Council, under Regulation 1.6(2) and 1.6(3) of the Building Regulations 1993 exempt farm
buildings on “farm land” from the requirement to obtain a Building Permit.
Farm buildings for the purposes of this policy are buildings which are 100% used for farming
purposes and is within the “Rural Zone” and the “Rural Living Zone’ of the Horsham Planning
Scheme
For the purposes of this policy, “farm land” is defined in the Valuation of Land Act 1960 as
follows:
“Farm Land” means any rateable land:
a. That is not less than 2 hectares in area; and
b. That is used primarily for grazing (including agistment), dairying, pig-farming, poultry-farming,
fish-farming, tree-farming, bee-keeping, viticulture, horticulture, fruit-growing or the growing
of crops of any kind or for any combination of those activities; and
c. That is used by a business –
i. That has a significant and substantial commercial purpose or character; and
ii. That seeks to make a profit on a continuous or repetitive basis from its activities on the
land; and
iii. That is making a profit from its activities on the land, or that has a reasonable prospect of
making a profit from its activities on the land if it continues to operate in the way that it
is operating.
The land must be classified as “farm land” for rating purposes by Council’s Valuer
It should be noted that if the land is not so classified, no exemption will be allowed unless the
Council Valuer determines it to be “farm land” on application, which must be made through the
Rate Collector.
Council’s policy does not include exemption from the following:

APPENDIX 10.3B
• The owner is solely responsible to ensure that any exempt farm building meets with the
minimum structural standards applicable (including any applicable Australian Standards) for
the appropriate wind design speed and use of the building.
• The Horsham Planning Scheme requirements for that building and its required use,
especially with respect to setback distances and the type of wall/roof cladding.
APPENDIX 10.3C
APPENDIX 10.4A
WIMMERA MIBUS CENTRE, 28 McLachlan St HORSHAM VIC 34OO
Phone: (03) 5382 1777 Fax (03) 5382 0727
REGIONAL LIBRARY
Email: [email protected] Website: www.wrlc.org.au
ffi CORPORAT!ON ABN: 1 8 552 238 67 1
your Iocal library BULOKE SH RE COUNC L

HORSF]A1\/ RURAL CITY COUNC]t
HINDN,IARSH SHIRE COUNC t
NORTHERN GRAiVP ANS SN]RE COUNC]L
WESI" WII/NAERA SHlRE COUNCIL
YARR AN,1B ACK SI]IRE COUNCIL
22 February 2OL8
Mr Graeme Harrison
Director Corporate Services Group r_,i-r'1, '',.
PO Box 511 1 MAr 2018
HORSHAM 34OO
r.r'n r
Dear Mr Harrison, l1i:\J. ltj,
)
i
Re: Draft Library Budget 2018-2019 and 5 year indicative k-eltN ot/3At€i)
The Library Board considered the attached draft budget at the Board meeting on 16 February 2018
and resolved to accept it as tabled and asked that it be forward to member councils for consideration,
as per clause 8.1 of the Regional Library Agreement.
The proposed contribution required from your Council for 2018-19 is 5494,953, a slight increase on
the current year's contribution (S491,576). The draft budget has taken into account the withdrawal
of Buloke Shire Council as at 30 June 2018 and for the Corporation not to significantly increase
member contributions to meet the shortfall.
The draft budget includes:

o Maintaining current opening hours and staffing levels at Horsham Library, and the mobile
service to Laharum and Natimuk;
o Collections budget, including e-resources of $304,986;
o Wi-Fi environment that enables patrons and visitors 24/7 internet access at Horsham
Library;
o Wage increases of 2.5o/o as per WRLC Agreement;
o Continuation of the Swift shared library consortia arrangements; and
o Continuation of State government library grant.
I am mindful of the enormous challenges facing our member councils, particularly the implications of
rate capping. With this in mind the Budget has been prepared in a most judicious manner. Please call
me if you wish to discuss any aspects of the budget. lf you wish to amend your council's contribution,
then I would ask that you notify me in writing before Friday 6 April so that an amended budget can be
prepared in time for the WRLC Board meeting to be held on Friday 20 April 2018.
Yours sincerely
J*J
Ann Twyford
Chief Executive Officer
APPENDIX 10.4A
APPENDIX 10.4A
APPENDIX 10.4A
APPENDIX 10.4A
APPENDIX 10.4A
APPENDIX 10.4A
APPENDIX 10.4A
APPENDIX 10.4A
APPENDIX 10.4A
APPENDIX 10.4A
APPENDIX 10.4A
APPENDIX 10.4B
Terms of Reference No: TR04/012
Terms of Reference
HORSHAM PUBLIC ART ADVISORY COMMITTEE
1. INTRODUCTION
Horsham Rural City Council has established the Horsham Public Art Advisory Committee
comprising representatives from Council, artists, community art organisations and the
community to support the delivery of public art in Horsham.
2. PRINCIPLES
Underlying Principles
The Horsham Public Art Advisory Committee will act as the principle advisory body to
Horsham Rural City Council on public art.
Operating Principles
The Horsham Public Art Advisory Committee will:
 review proposals/concepts of public art
 advise Council on public artwork to be commissioned, removed, relocated and de-
accessioned.
3. AIM
To advise Horsham Rural City Council on strategic policy issues and support the delivery
of public art with the current priorities of both the community and Council.
4. OBJECTIVES
 Review proposal and concepts of public art
 Advise Council on the commissioning of public art works
 Advise council on the removal, relocation and de-accessioning of public art
 Advise Council on public art needs and trends
 Encourage and increase the community’s understanding of the role public art plays
 Provide expert input into the development of Council’s Public Art program
Warning – uncontrolled when printed – the current version of this document is kept on the HRCC website and intranet Edited: 14/03/18
HRCC Terms of Reference – Horsham Public Art Advisory Committee Page 1
APPENDIX 10.4B
5. OPERATIONS
The Horsham Public Art Advisory Committee will be a community based advisory
committee appointed by Council. The Committee does not have the power to commit
Council to any decision or action, or to direct council staff in their duties. The Committee
may make recommendations for consideration by Council, but Council reserves the right
to accept or reject recommendations from the Committee.
Membership
Committee membership shall consist of a maximum of eight people, being single
representatives unless identified otherwise, from the following groups:
 Councillor, Horsham Rural City Council

 Artist
 Representative of a community art organisation
 Community Members
Ex Officio attendees
 Cultural Development Officer
 Community Development Manager
 Director Technical Services (or delegate)
Selection
Representatives of the Committee will be selected through an application process,
advertised in accordance with Council’s engagement principles, and in local newspapers
and on Council’s website.
Applications should include details of community involvement, previous experience of

Committee membership, relevant skills and reasons for nominating for the Committee.
If the number of applications does not exceed the number of vacancies, the Council’s
Delegated Officer (Director Corporate Services) will approve nominations. In the event of
more than the required number of applicants for the available positions, nominations will
be forwarded to Council for determination.
Alternative Representatives
As required, an alternative representative may attend meetings on behalf of the named
user groups/members. Alternative representatives are entitled to vote if the named
representative is not present at the meeting.
APPENDIX 10.4B
Specialist advice
Individuals and groups may be invited to attend Committee meetings to provide specialist
advice. They must not be involved in the decision making process and cannot vote on any
issue.
Council Officers
Council Officers, Cultural Development Officer, Community Development Manager and
Director Technical Services (or delegates) will attend all meetings. Council Officers are not
members of the Advisory Committee and are not eligible to vote.
Term of Office
Membership shall generally be for a term of two years. Members may apply for re-
nomination to the Committee for a second term. Maximum membership will be two
terms.
Resignations
Committee members who resign prior to the end of their appointment should submit their
resignation in writing to the Chairperson.
If a vacancy occurs within two months of the end of the term of the Committee, the
vacancy will not be filled. In all other instances, the vacancy will be filled to reflect the
composition of the Committee as identified in Section 3.
Meeting procedure
At the beginning of each calendar year, the Committee will agree on a regular schedule of
meetings.
Meetings will generally be held six times each year.
Additional special meetings may be called as required. Committee members must be
provided with seven days’ written notice of a special or additional meeting and the
purpose of the meeting must be clearly stated.
Electronic Meetings
Meetings of the Committee may be held through the use of a conference telephone or
similar communications equipment provided that all members participating in the
meeting can communicate with each other. Participation in a meeting in this way
constitutes attendance at the meeting.
Attendance at meetings
It is expected that members will attend all meetings. In the event of a Committee member
missing a meeting they should contact the Chairperson with notice of their absence and
this will be recorded in the minutes.
APPENDIX 10.4B
If a member of the Committee misses three consecutive meetings without explanation the
Chairperson or nominee, will contact the member to determine if they wish to continue
their participation on the Committee.
If a member resigns from the Committee, their position will be filled by a representative
from the same sector or group.
Quorum and Decision Making

The quorum is a minimum of four Committee members.
No formal business shall be conducted by the Committee unless a quorum exists. If a

quorum is not present, the Chairperson may decide that the Committee meet for
discussion only.
Consensus decision making is preferred. However, all members are entitled to vote and a
matter may be voted upon at the discretion of the Chairperson. Committee members shall
have one vote. The Councillor must vote.
If there is an equal division of votes, the Chairperson or Deputy Chairperson shall have a
second or casting vote.
6. ROLES AND RESPONSIBILITIES
Council will:
 Document minutes of each scheduled meeting and distribute
 Ensure Council officers or delegates are present at all Committee meetings, wherever
possible
 Report details of public art commissions, removal, relocation and de-accessioning to
the Committee
 Notify the Committee of approved Committee membership
 Provide regular reports to Council regarding Committee recommendations
 Provide timely feedback (and if applicable timelines) of Council’s consideration of
recommendations approved by Committee
 Respond to requests/letters from the Committee as per Council’s Customer Services
Charter
 Every four years or earlier if required, review the function and purpose of the
Committee and determine if the Committee should continue
The Committee will:

 Appoint a Chair and Deputy Chairperson
 Recommend a schedule of meetings and notify the Council representative
 Distribute information of relevance from the Committee to the member
organisations
APPENDIX 10.4B
 Confirm the accuracy of minutes at the next meeting of the Committee. The
Chairperson must sign a copy of the confirmed minutes
 Actively participate in activities that support the achievement of the purpose and
responsibilities of the Committee.
Councillor report
The Responsible Councillor may choose to give a verbal report of the key issues at this
meeting.
Confidentiality
Information discussed, received, used or created by the Committee may be
confidential. A Committee member must not disclose, discuss or otherwise make
public confidential information, unless authorised by the Officer supporting the
Committee.
Council may terminate a Committee member’s appointment if they have been found
to breach confidentiality requirements.
Conflicts of Interest
In accord with the requirements of the Local Government Act, 1989 members must
comply with these provisions including declaration of conflicts of interest.
Reporting
The Advisory Committee shall:
 provide to Council a copy of its meeting minutes.
 provide reports to Council on its recommendations as required
Media
The Chairperson is authorised to speak to the media with the approval of the Manager
Community Development.
In the absence of the Chairperson, the Manager Community Development or approved
delegate is empowered to be spokesperson for the Committee.
Media releases, flyers, brochures, pamphlets or other sources of information
distributed by the Committee must be first approved by the Manager Community
Development, or nominee.
Chairperson
All members of the Horsham Public Art Advisory Committee are eligible to be elected
to the position of Chairperson.
APPENDIX 10.4B
Review
The composition, activities and Terms of Reference of the Committee will be
reviewed at least every four years, or as required. The results of any review shall be
reported to Council prior to the fourth year of operation or earlier, if a quorum is
unable to be formed for three successive meetings.
The report shall consider:
 The Committee’s achievements

 The purpose and responsibilities of the Committee
 Composition of the Committee
 Whether there is a demonstrated need for the Advisory Committee to
continue
 Any other relevant matter
Cessation
An Advisory Committee ceases to exist at the conclusion of the period specified in
the Terms of Reference, unless Council resolves that it continue.
Council may also disband a Committee at any time, following a review of its
operation or if Council Policy or strategic direction alters significantly.
7. RESPONSIBILITY
Responsible Officer: Manager Community Development
8. DOCUMENT CONTROL
Version Approval Date Approval By Amendment

Number
01 Council  New Terms of Reference
APPENDIX 10.4C
APPLICATION
PUBLIC ART ADVISORY COMMITTEE
I, ...............................................................................................................................................
(Given Names) (Surname)
of ...............................................................................................................................................
(Address)
Phone No ...................................................................................................................................
Email Address .…………………….…………………………..………………………………………………….……………
apply for the Public art Advisory Committee.
Community involvement experience: ………………………………………………………………………………….
……………………………………………………………………………………………………………………………………………
Previous experience of committee membership: …………………………………………………………………
……………………………………………………………………………………………………………………………………………
Reasons for interest in the committee: …………………………………………………………………………………
……………………………………………………………………………………………………………………………………………
Skills I bring to the committee: ………………………………………………………………………………………
……………………………………………………………………………………………………………………………………………
Process: Application close 4th April, 2018. Applications will be assessed by Council Officers and will be
advised by the 11th April, 2018 0or 17 April 2018 if a council decision is required regarding membership.
Acceptance on the Committee is the prerogative of Council whose decisions are final. Privacy of all applicants
will be maintained.
Acceptance Statement: If accepted as a member of the Committee, I agree to disclose any conflicts of
interest, maintain confidentiality within my participation and abide by the Terms of Reference of the
committee and undertake my duties and responsibilities to the best of my ability.
.................................................................................. Date: ……..….. / ………… / ……………….

(Signature)
Please return the completed application form to xxx, Executive Assistant by [Insert date]:
Email: [email protected]
Post: PO Box 511, Horsham, VIC, 3402
Address correspondence to: Chief Executive Officer, PO Box 511, Horsham Victoria 3402
Civic Centre 18 Roberts Avenue, Horsham Victoria 3400
Ph 03 5382 9777 Fax 03 5382 1111 Email [email protected] Website www.hrcc.vic.gov.au
APPENDIX 10.5A
Estimd. Condition
Description From - to Comments
Costs Rating
Urban Road Construction
FEDERATION AVENUE Kalimna Ave to Drummond St $ 520,000 8
FECHLER AVENUE Valentine Ave to Kalimna Ave $ 305,000 8
DERIMAL STREET Banool St to End $ 98,000 9
FREDERICK STREET Wavell St to seal change $ 170,000 8
WAVELL STREET Kalkee Rd to Queen St $ 104,000 8
LAUREL STREET Olympic St to Jackson St $ 106,000 7
GARDENIA STREET Wotonga Dr to Laurel St $ 103,000 7.5
DON STREET South from Hazel St $ 88,000 Not Funded 8
JACKSON STREET Barnes Blvd to Landy St $ 180,000 Not Funded 7.5
King St to Ballinger St on the north

GOLF COURSE ROAD and Turnbull Drive to fence of 121 $ 360,000 Not Funded
Golf Course Road
FORSYTH AVENUE EXTENSION To Palm Avenue $ 320,000 Not Funded
Rural Road Construction
Application made for Local Roads to Market

WONWONDAH-DADSWELLS Seal change to Flat Rock Road
$ 230,000 grant program. If successful, remaining
BRIDGE ROAD South
funds will be transferred to another project
Renewal to remove the roughness in the

GRAHAMS BRIDGE ROAD Osborne Rd to Holes Rd $ 230,000 5
road.
ASPLINS ROAD Wimmera Hwy to Jahn Ave $ 233,000 Widen to 6.2m seal width. 5
Remlaw Station Rd to 450m to the

west including bell mouths on
OBREES ROAD $ 120,000 8
Remlaw Station Road 20m each
side.
NORADJUHA TOOEN EAST Natimul Hamilton Road to Construct to 5.6,m seal and 2 m shoulders
$ 215,000 8
ROAD Noradjuha Silo Road either side.
Norton Ck Ln to Lower Norton Construct 3.7m wide seal with 2m shoulders

PLUSH HANNANS ROAD $ 280,000
Nurrabiel Road either side. Standard rural pavement.
Brimpaen Laharum Rd to seal

VICTORIA VALLEY ROAD
change
$ 100,000 Slurry Seal treatment Not Funded 8
Seal change to seal change (Narrow Widen it to 6.2m wide seal. Do crest and
WAIL KALKEE ROAD
seal section)
$ 282,000
intersection.
Not Funded
Intersection realignment at Intersection realignment at Longerenong

FIELD DAYS ROAD
Longerenong Road
$ 100,000
Road Not Funded
Wimmera Highway to Rudolph Construct 3.7m wide seal with 2m shoulders

VECTIS STATION ROAD
Road
$ 240,000
either side. Standard rural pavement. Not Funded
ASPLINS ROAD Jahn Ave to Lanes Ave $ 240,000 Widen to 6.2m seal width. Not Funded
LANES AVENUE Asplins Rd to Chequers Rd $ 70,000 Widen to 6.2m seal width. Not Funded
CHEQUERS ROAD Lanes Ave to Seal Change $ 20,000 Widen to 6.2m seal width. Not Funded

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Ordinary Agenda 19 March 2018

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AGENDA

ORDINARY MEETING OF THE

HORSHAM RURAL CITY COUNCIL

Meeting Date: 19 March 2018 Page 1

COUNCILLORS are respectfully requested to attend the Ordinary Meeting of the

1. READING OF PRAYER AND THE ACKNOWLEDGEMENT OF COUNTRY STATEMENT ......... 4

8. OTHER REPORTS ............................................................................................................... 8

Meeting Date: 19 March 2018 Page 2

10.5 DIRECTOR OF TECHNICAL SERVICES .............................................................................................. 31

11. URGENT BUSINESS .......................................................................................................... 39

Meeting Date: 19 March 2018 Page 3

1. READING OF PRAYER AND THE ACKNOWLEDGEMENT OF

2. WELCOME TO DISTINGUISHED GUESTS OR PERSONS IN THE

3. APOLOGIES AND REQUEST FOR LEAVE OF ABSENCE

4. CONFIRMATION OF MINUTES AND SIGNING THEREOF

5. DISCLOSURE OF INTEREST AND DECLARATIONS OF CONFLICT

(i) a direct interest under 77B; or

Section 78 – close association

(c) describing the nature of the interest; and

Meeting Date: 19 March 2018 Page 4

Meeting Date: 19 March 2018 Page 5

6. PUBLIC QUESTION TIME

Meeting Date: 19 March 2018 Page 6

7.1 RESUMPTION OF DEBATE ON THE MOTIONS FROM PREVIOUS MEETING

7.2 RECEPTION AND READING OF PETITIONS, MEMORIALS, JOINT LETTERS AND

7.3 MOTIONS OF WHICH PREVIOUS NOTICE HAS BEEN GIVEN

7.4 COUNCILLORS QUESTIONS WITH NOTICE

7.5 ORDERS OF THE DAY

Meeting Date: 19 March 2018 Page 7

8.1 ASSEMBLY OF COUNCILLORS – RECORD OF MEETINGS

Refer to Appendix “8.1A”.

8.2 SEALING OF DOCUMENTS

1. Council note the Assembly of Councillors’ – Record of Meetings,

2. Council note the documents signed and sealed under delegation.

8.3 INWARD CORRESPONDENCE

Meeting Date: 19 March 2018 Page 8

8.4 COUNCIL COMMITTEE MINUTES

Meeting Date: 19 March 2018 Page 9

Meeting Date: 19 March 2018 Page 10

10. OFFICERS REPORTS

10.1 ACTING CHIEF EXECUTIVE

Meeting Date: 19 March 2018 Page 11

10.2 DIRECTOR OF CORPORATE SERVICES

Under Section 98 (1) a Council may by instrument of delegation delegate to

Council cannot, however, delegate the following:

Meeting Date: 19 March 2018 Page 12

Delegations made by the CE to members of staff do not, however, need to be made

In summary there are five delegation types:

* the CEO to staff delegation also includes a section on Miscellaneous and

Meeting Date: 19 March 2018 Page 13

Council manages it delegations by subscribing to a service from Maddocks Lawyers

1. Delegation to the Chief Executive

2. Delegations from Council Direct to Staff:

3. Delegation to Special Committees

There are no changes to the delegations to special committees.

1. Delegations from CEO to Staff

Meeting Date: 19 March 2018 Page 14

The Acts/Regulations that have had some amendment are as follows: