ATTACHMENTS Under Separate Cover Ordinary Council Meeting Wednesday, 5 February 2020 - Town of Port Hedland
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Ordinary Council Meeting Attachments 5 February 2020 Table of Contents 11.1.1 Revised Policies '2/007 Purchasing', '2/016 Regional Price Preference' and 'Business Ethics Statement' Attachment 1 Current Policy 2/007 Purchasing .......................................................... 4 Attachment 2 Proposed Updated Policy 2/007 Purchasing Policy ............................ 16 Attachment 3 Current Policy 2/016 Regional Price Preference ................................. 27 Attachment 4 Proposed Updated Policy 2/016 Regional Price Preference ............... 30 Attachment 5 Updated Business Ethics Statement - with tracked changes.............. 33 11.1.2 Retrospective rating of certain port and associated land Attachment 1 Extract of rate record regarding retrospective rating of lessees .......... 39 11.1.3 Proposed Rescinding of Policy 1/008 'Vandalism - Reward for Conviction' Attachment 1 1/008 Vandalism – Reward for Conviction .......................................... 40 11.1.4 Status of Council Decisions Update Attachment 1 Status of Council Decisions as at 21 January 2020 ............................ 41 11.1.5 Port Hedland Yacht Club (PHYC) Self Supporting Loan Attachment 1 Letter from PHYC to Town of Port Hedland - Formal request for suspension of loans ............................................................................ 47 11.2.1 Review of Policy 1/010 'Flying of the Aboriginal and Torres Strait Islander Flags' Attachment 1 Policy 1/010 'Flying of the Aboriginal and Torres Strait Islander Flags' .................................................................................................. 48 Attachment 2 Standard Operating Procedure Flags at Civic Centre.......................... 50 Attachment 3 Standard Operating Procedure Appropriate Disposal of Flags ............ 53 11.2.2 Review of Policy 7/004 'Cultural Affirmation' Attachment 1 7 004 Cultural Affirmation-V01-Adopted 25 September 2002 ............ 55 11.3.1 Amendment of 13/014 Trading in Public Places Policy Attachment 1 Proposed 13/014 Trading in Public Places Policy with track changes accepted ............................................................................................ 57 Attachment 2 Current 13/014 Trading in Public Places Policy with track changes applied................................................................................................ 61 11.3.2 Draft Position Statement - Workforce Accommodation Facilities Attachment 1 Draft Position Statement - Workforce Accommodation Facilities ........ 65 Page 3
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Ordinary Council Meeting Attachments 5 February 2020 Flags at Civic Centre Directorate: Development, Sustainability & Lifestyle Status: Final Business Unit: Customer Service Team Application: Customer Service Team Objective: This SOP explains the procedure for raising and lowering of flags at the Civic Centre. 1. CONTEXT The Department of the Premier and Cabinet provide protocols for displaying flags at government buildings. There are many protocols associated with the flying of flags, some important points are listed below. A flag should always be: treated with the respect and dignity it deserves raised no earlier than first light and lowered no later than dusk raised briskly and lowered with dignity flown aloft and free, as close to the top of the flag mast as possible and with the rope tightly secured; and illuminated if flown at night. A flag should never be: allowed to fall or lie upon the ground used to unveil monuments or plaques, or cover tables/seats flown when in damaged, faded or dilapidated condition flown upside down, even as a signal of distress flown from the same flag pole as another flag. 2. FLAG ORDER From left to right as looking towards the civic centre. Australian Flag –First raised and last lowered Aboriginal Flag – 2nd raised 3rd lowered Torres Strait Islander – 3rd raised, 2nd lowered TOPH Flag – Last raised, first lowered. Item 11.2.1 - Attachment 2 Page 50
Ordinary Council Meeting Attachments 5 February 2020 Flags this way up TOPH 3. FLAG PROCEDURES Customer Service Officer(s) take flags from the stationery room and raise each morning and then lower each evening. The key for the flag poles is in the stationery room. The Australian National Flag should be raised first and lowered last, unless all other flags at the ceremony are raised and lowered simultaneously Raise the flag briskly and lower it ceremoniously Do not allow the flag to fall or lie on the ground Do not raise the flag earlier than first light or lower the flag later than dusk The Australian National Flag should fly on the left of a person facing the flags, when it is flown with one other national flag As the flag poles are not illuminated all flags need to be brought down each afternoon. Do not fly the flag if it is damaged, faded or dilapidated When the material of a flag deteriorates they must be folded and handed to the Ranger Services team to dispose of. Flag Illumination While protocol requires the flag be illuminated when flown at night, it does not need to be purpose built lighting. Incidental lighting is sufficient so as long as the street or outside house lighting keep the flags illuminated during the night this should be acceptable. Flag Stuck At times due to weather conditions one or more of the flags may become stuck at the top of the pole. In these cases all flags are to remain up and Manager of Marketing Events and Communications informed. Customer Service Staff will then try to lower the following afternoon. If flag still won’t come down a works request will be submitted to the Depot for actioning. Flag Disposal The protocol for disposal of a flag that has deteriorated is for the flag to either be placed in a permanent place of storage or it should be destroyed privately and in a dignified way. Cutting by hand is one option, however, using a shredder or other machinery to assist would also be acceptable. At present the Town of Port Hedland does not have specific plans in place for disposing of flags – they are stored in the stationery room. Item 11.2.1 - Attachment 2 Page 51
Ordinary Council Meeting Attachments 5 February 2020 Flying Flags at Half Mast Flags are flown in the half-mast position as a sign of mourning. To bring the flag to the half-mast position, the flag must first be raised to the top of the mast (the ‘peak’), then immediately lowered slowly to the half-mast position. When lowering the flag from a half-mast position, it should first be raised briefly to the peak, then lowered ceremoniously. Under no circumstances should a flag be flown at half-mast at night, whether or not the flag is illuminated. When flying the Australian National Flag with other flags, all flags in the set should be flown at half-mast. The Australian National Flag should be raised first and lowered last. Customer Service team receive an email from Commonwealth Flag Officer advising when flags need to be flown at half-mast. DEFINITIONS Nil Relevant Legislation, Policy, Nil Guideline Date approved by Manager 24 January 2020 Last Date of Review 24 January 2020 Version Control Version 1.0 Enter revision number and detail the changes from the last review Review Frequency 2 Yearly Document Control Statement – The electronic reference copy of this Standard Operating Procedure is maintained by the each business unit. Any printed copy may not be up to date and you are advised to check with the relevant business unit to ensure that you have the current version. Item 11.2.1 - Attachment 2 Page 52
Ordinary Council Meeting Attachments 5 February 2020 TITLE APPROPRIATE DISPOSAL OF FLAGS Directorate: Development, Sustainability & Lifestyle Status: Final Business Unit: Customer Service / Library / Facilities Application: Town of Port Hedland Staff Objective: This SOP instructs staff in the approved process of flag disposal. 1. CONTEXT This SOP instructs staff in the approved process of flag disposal. The flag protocols advise that disposal of flag: When the material of a flag deteriorates it may either be placed in a permanent place of storage or should be destroyed privately and in a dignified way such as cutting it into small unrecognisable pieces, placing it in an appropriate sealed bag or closed container and then putting it in the normal rubbish collection (https://www.pmc.gov.au/government/australian-national-flag/australian-national- flag-protocols). The flag protocols advise that there is also an Optional Flag Retirement Ceremony: In some circumstances it may be fitting to hold a ceremony to mark the retirement of a used Australian National Flag. The order of ceremony below is provided as a guide to how such an event could be run. Introduction/Welcome by Master of Ceremonies Acknowledgement of Country Comments regarding the history and symbolism of the Australian National Flag (flag to be retired brought to be displayed to those in attendance) Comments regarding retired flag’s history (where flown, how long, memorable events in that time) Speech about retirement of flag (Short Silence while flag is retired) The flag can be ceremonially cut into three pieces with solemnity. Two cuts should be done in such a way to ensure that the three symbolic elements of the flag are left intact: The Union Jack, The Federation Star and the Southern Cross. The parts of the flag can be placed in a suitable receptacle and either escorted from the scene or left until those attending the ceremony depart. After the ceremony the flag may either be placed in a permanent place of storage or should be destroyed privately and in a dignified way such as cutting it into small unrecognisable pieces, placing it in an appropriate sealed bag or closed container and then putting it in the normal rubbish collection. Australian National Anthem is played. Information on Anthem protocol and downloadable music files are available on the PM&C website Closing Remarks Item 11.2.1 - Attachment 3 Page 53
Ordinary Council Meeting Attachments 5 February 2020 2. COMMITTMENT TO FLAG PROTOCOL Each element of the destruction process is to be met as follows: destroyed privately o The flags are to be disposed of in a room away from public and other staff members view. in a dignified way o This is done in silence cut it into small unrecognisable pieces o first the binding with the hooks is cut off so that the fabric is no longer a flag that can be attached to a pole o the resulting pieces may be of up to 2 colours and cannot be differentiated between being a piece of a flag or a piece of 2 colour fabric place it in an appropriate sealed bag or closed container o places into black garbage bags and knotted shut in such a way as the contents cannot be seen and will not come undone put it in the normal rubbish collection o the bag is then placed in the wheelie bin at the Civic Centre 3. OPTIONAL FLAG RETIREMENT CEREMONY The Optional Flag Retirement Ceremony is not the primary method however if occasion suggests that this is appropriate this is to be discussed with the Manager Marketing, Events & Communications. DEFINITIONS ‘Nil.’ If you do use definitions in your IOP, an example of the format is noted below. “Word” Add the definition of the word here. Relevant Legislation, Policy, Nil Guideline Date approved by Manager 23 January 2020 Last Date of Review 23 January 2020 Version Control Version 1.0 Enter revision number and detail the changes from the last review Review Frequency 2 Yearly Document Control Statement – The electronic reference copy of this Standard Operating Procedure is maintained by the each business unit. Any printed copy may not be up to date and you are advised to check with the relevant business unit to ensure that you have the current version. Item 11.2.1 - Attachment 3 Page 54
Ordinary Council Meeting Attachments 5 February 2020 Item 11.2.2 - Attachment 1 Page 55
Ordinary Council Meeting Attachments 5 February 2020 Item 11.2.2 - Attachment 1 Page 56
Ordinary Council Meeting Attachments 5 February 2020 13/014 Trading in Public Places Objective The objective of this policy is to provide guidance to event organisers, mobile and temporary food vendors about the processes required for the assessment and licensing of applications to trade in streets and public places and provide goods and services to the public. Content 1. Approval of Trading in Public Places Applications Applications for a 12-month TPPs licence may be assessed at any time during the financial year. New applications for annual and temporary TPPs licences are to be processed by authorised officers. Licences are subject to conditions, including compliance with requirements of this Policy, the Town’s Public Places and Local Government Property Local Law 2016, the Food Act 2008 and the Food Regulations 2009. 2. Registration under the Food Act 2008 In order to trade within the Town under this Policy, all food vendors, including mobile and temporary food premises, must be registered with the Town under the Food Act 2008, unless eligible for an exemption under the Food Regulations 2009. Where food is provided or sold to the public, including at local events, the TPPs application form must be submitted and approved in addition to the registration certificate where required. 3. Temporary food premises (i.e. stalls) Due to the potential for environmental contamination of food within a temporary food premises, they are not permitted to trade roadside under an annual TPPs licence at the locations listed in section 6. The trading locations create potential for food contamination from environmental contaminants including dust, smoke and flying insects. However, temporary applications may be considered separately, according to the proposed location of trading and the physical set-up of the temporary premises. Temporary food premises must comply with requirements of the Town’s Guidelines for Temporary Food Stalls, in addition to this Policy at all times. 4. Food vendors that are not registered with the Town Prior to approving any TPPs applications from food vendors that are not registered with the Town, copies of the following documentation may be requested by an authorised officer: Certificate of Registration under the Food Act 2008 with local government authority Evidence of public liability insurance (minimum value of $20 million) Evidence of electrical compliance 5. Events Item 11.3.1 - Attachment 1 Page 57
Ordinary Council Meeting Attachments 5 February 2020 Special considerations for registered charities, not-for-profit organisations, community groups and free community events Any individual applicant that represents a not-for-profit, community group may seek a waiver of TPPs fees as per the Delegated Authority Register. Any other applicant may be eligible for a waiver of fees and charges associated with Trading in Public Places (TPPs), where it can be demonstrated that they are operating under a ‘blanket’ food licence held by the organiser of a free community event; or a registered charity, not-for-profit (NFP) organisation, or community group that is organising the event. When applying for the ‘blanket’ licence, the Town must be provided with the following: • A compilation of all TPPs applications that detail all relevant information about the stallholders and food vendors that are proposed to trade at the event at least 2 weeks prior to the event; and • Evidence of public liability insurance of a minimum value of $20 million that is current for the event Where the purpose of a private food vendor trading is to raise funds for a charitable cause, or are of a fundraising nature, a waiver of fees may be sought provided that all proceeds are donated and written evidence is received from the recipient of funds during the application process. For any free community event, a blanket food licence may be issued to the event organiser and all fees associated with vendors trading under this Policy may be waived as per the Delegated Authority Register. Traders holding an annual license are not to trade at an event unless they have the permission of the event organiser. No additional fees will be charged by the Town for traders holding a valid annual license who are invited to trade at events. Private events Private events held on private or local government property that are have no public access are exempt from requiring TPPs approval. 6. Roadside trading Mobile vendors must only trade between 5.00am and 10.00pm at the following locations: • Don Rhodes Museum – Wilson Street Port Hedland • Dreamers Corner – Hamilton Road South Hedland • Marapikurrinya Park, Port Hedland • Port Hedland Boat Ramp – Richardson Street Port Hedland • Yikara Park, Port Hedland • Wheelbarrow entrance of Wedgefield Where food vendors intend to trade at a location that is not listed above, a separate application must be submitted to the Town for assessment. Each application will be considered separately according to the suitability of the proposed location and the proposed duration of trading. Successful applicants that hold an annual food registration with the Town will not be charged application and licensing fees for the temporary location. Item 11.3.1 - Attachment 1 Page 58
Ordinary Council Meeting Attachments 5 February 2020 The maximum number of mobile food vendors that are permitted to be located at an approved trading location at any one time is at the discretion of the CEO. Any vendors identified to be trading in the absence of a TPPs licence may be required by to cease trading and submit an application form with payment of prescribed fees before a licence is granted. 7. Renewal of 12-month Trading in Public Places licences All 12-month TPPs licences expire at the end of each financial year and are to be renewed before 30th June. The licence renewals are processed by authorised officers. Payment of the annual licensing fee prescribed under the financial budget of that year must be paid prior to a new TPPs licence certificate being issued. Where provided in the annual budget, pro-rata charges for annual TPP licenses will be considered for the initial license issued, thereafter annual TPPs licences expire at the end of each financial year (30th June) and the trader charged the annual rate. Definitions Nil. Relevant legislation Food Act 2008 Food Regulations 2009 Town of Port Hedland Public Places & Local Government Property Local Law 2016 Delegated authority Nil Business unit Environmental Health Directorate Regulatory Services Item 11.3.1 - Attachment 1 Page 59
Ordinary Council Meeting Attachments 5 February 2020 Governance to complete this section Version Control Version No. Resolution No. Adoption date V01 201213/107 26 September V02 201314/354 2012 201415/227 25 June 2014 V03 22 April 2015 CM201718/208 V04 23 May 2018 Review Annually frequency Document Control Statement – The electronic reference copy of this Policy is maintained by the Governance Team. Any printed copy may not be up to date and you are advised to check the electronic copy at http://www.porthedland.wa.gov.au/documents/public-documents/policies to ensure that you have the current version. Alternatively, you may contact the Governance Team. Item 11.3.1 - Attachment 1 Page 60
Ordinary Council Meeting Attachments 5 February 2020 13/014 Trading in Public Places Objective The objective of this policy is to provide guidance to event organisers, mobile and temporary food vendors about the processes required for the assessment and licensing of applications to trade in streets and public places and provide goods and services to the public. Content 1. Approval of Trading in Public Places Applications Applications for a 12-month TPPs licence may be assessed at any time during the financial year. New applications for annual and temporary TPPs licences are to be processed by authorised officers. Licences are subject to conditions, including compliance with requirements of this Policy, the Town’s Public Places and Local Government Property Local Law 2016, the Food Act 2008 and the Food Regulations 2009. 2. Registration under the Food Act 2008 In order to trade within the Town under this Policy, all food vendors, including mobile and temporary food premises, must be registered with the Town under the Food Act 2008, unless eligible for an exemption under the Food Regulations 2009. Where food is provided or sold to the public, including at local events, the TPPs application form must be submitted and approved in addition to the registration certificate where required. 3. Temporary food premises (i.e. stalls) Due to the potential for environmental contamination of food within a temporary food premises, they are not permitted to trade roadside under an annual TPPs licence at the locations listed in section 6. The trading locations create potential for food contamination from environmental contaminants including dust, smoke and flying insects. However, temporary applications may be considered separately, according to the proposed location of trading and the physical set-up of the temporary premises. Temporary food premises must comply with requirements of the Town’s Guidelines for Temporary Food Stalls, in addition to this Policy at all times. 4. Food vendors that are not registered with the Town Prior to approving any TPPs applications from food vendors that are not registered with the Town, copies of the following documentation may be requested by an authorised officer: Certificate of Registration under the Food Act 2008 with local government authority Evidence of public liability insurance (minimum value of $20 million) Evidence of electrical compliance Item 11.3.1 - Attachment 2 Page 61
Ordinary Council Meeting Attachments 5 February 2020 5. Events Special considerations for registered charities, not-for-profit organisations, community groups and free community events Any individual applicants that represents a not-for-profit, community group may seek a waiver of TPPs fees as per the Delegated Authority Register. Any other applicant may be eligible for a waiver of fees and charges associated with Trading in Public Places (TPPs), where it can be demonstrated that they are operating under a ‘blanket’ food licence held by the organiser of a free community event; or a registered charity, not-for-profit (NFP) organisation, or community group that is organising the event. When applying for the ‘blanket’ licence, the Town must be provided with the following: • A compilation of all TPPs applications that details all relevant information about the stallholders and food vendors that are proposed to trade at the event at least 2 weeks prior to the event; and • Evidence of public liability insurance of a minimum value of $20 million that is current for the event Where the purpose of a private food vendor trading is to raise funds for a charitable cause, or are of a fundraising nature, a waiver of fees may be sought provided that all proceeds are donated and written evidence is received from the recipient of funds during the application process. For any free community event, a blanket food licence may be issued to the event organiser and all fees associated with vendors trading under this Policy may be waived as per the Delegated Authority Register. Traders holding an annual licence are not to trade at an event unless they have the permission of the event organiser. No additional fees will be charged by the Town for traders holding a valid annual licence who are invited to trade at events. Private events Private events held on private or local government property that have no public access are exempt from requiring TPPs approval. 6. Roadside trading Mobile vendors must only trade between 5.00am and 10.00pm at the following locations: • Don Rhodes Museum – Wilson Street Port Hedland • Dreamers Corner – Hamilton Road South Hedland • Marapikurrinya Park, Port Hedland • Port Hedland Boat Ramp – Richardson Street Port Hedland • Yikara Park, Port Hedland • Wheelbarrow entrance of Wedgefield Where food vendors intend to trade at a location that is not listed above, a separate application must be submitted to the Town for assessment. Each application will be Item 11.3.1 - Attachment 2 Page 62
Ordinary Council Meeting Attachments 5 February 2020 considered separately according to the suitability of the proposed location and the proposed duration of trading. Successful applicants that hold an annual food registration with the Town may not be charged application and licensing fees for the temporary location. The maximum number of mobile food vendors that are permitted to be located at an approved trading location at any one time is at the discretion of the CEO. Any vendors identified to be trading in the absence of a TPPs licence may be required by to cease trading and submit an application form with payment of prescribed fees before a licence is granted. 7. Renewal of 12-month Trading in Public Places licences All 12-month TPPs licences expire at the end of each financial year and are to be renewed before 30th June. The licence renewals are processed by authorised officers. Payment of the annual licensing fee prescribed under the financial budget of that year must be paid prior to a new TPPs licence certificate being issued. Where provided in the annual budget, pro-rata charges for annual TPP licences will be considered for the initial licence issued, thereafter annual TPPs licences expire at the end of each financial year (30th June) and the trader charged the annual rate. Definitions Nil. Relevant legislation Food Act 2008 Food Regulations 2009 Town of Port Hedland Public Places & Local Government Property Local Law 2016 Delegated authority Nil Business unit Environmental Health Directorate Regulatory Services Item 11.3.1 - Attachment 2 Page 63
Ordinary Council Meeting Attachments 5 February 2020 Governance to complete this section Version Control Version No. Resolution No. Adoption date V01 201213/107 26 September V02 201314/354 2012 201415/227 25 June 2014 V03 22 April 2015 CM201718/208 V04 23 May 2018 Review Annually frequency Document Control Statement – The electronic reference copy of this Policy is maintained by the Governance Team. Any printed copy may not be up to date and you are advised to check the electronic copy at http://www.porthedland.wa.gov.au/documents/public-documents/policies to ensure that you have the current version. Alternatively, you may contact the Governance Team. Item 11.3.1 - Attachment 2 Page 64
Ordinary Council Meeting Attachments 5 February 2020 Position Statement WORKFORCE ACCOMMODATION FACILITIES 1. Purpose The position statement provides the rationale behind the Town of Port Hedland’s policy position in relation to the approval and management of workforce accommodation facilities (‘workforce accommodation’). The position statement should be read in conjunction with the Town of Port Hedland Local Planning Strategy (‘Local Planning Strategy’), Town of Port Hedland Local Planning Scheme (‘the Scheme’), the Town of Port Hedland Local Planning Policy LPP/05 - Workforce Accommodation Policy (currently under development) and the Town of Port Hedland Local Planning Policy LPP/06 - Social Impact Assessment (currently under development). The position statement applies to the Town of Port Hedland local government area. The position statement does not apply to existing developments unless applications are made to vary approvals. Workforce accommodation approved pursuant to State Agreement Acts and the Mining Act 1978 are exempt to the extent that the provisions of those Acts override the Planning and Development Act 2005 and the Scheme. The position statement does not bind the Council of the Town of Port Hedland (‘the Council’) in assessing a proposal for workforce accommodation under the Scheme. 2. Position Statement The Town of Port Hedland has a vision to be Australia’s leading Port Town, growing small to medium enterprises to support industry and community; undertaking lands and infrastructure planning for economic and population growth and diversification; and creating liveable towns through enhanced amenity and cultural activities. Strong and effective partnerships between the Town of Port Hedland, industry, government and its residents are key to the achievement of this vision. Proposals for workforce accommodation and significant variations to existing approvals will require a clear demonstration of demand for the accommodation; the conduct of a Social Impact Assessment (‘SIA’) and Social Impact Management Plan (‘SIMP’) to identify and offset impacts and realise associated benefits; and consideration of a community benefit or legacy arrangements that result in a net social, economic or environmental benefit for the community. There are five main types of workforce accommodation: - Construction workforce for major projects where the workforce is temporary, large-scale and work extended hours; - Construction workforce for general projects and subcontractors which tend to be engaged for a short- term, have changeable shift patterns and seek workforce accommodation facilities provided by independent operators; - Periodic maintenance shut down workforce for major projects which tend to be engaged very short- term, comprise multi-skilled teams and have extended shifts; - Operational workforce which tend to be a long-term workforce which may have shorter shifts and respond to ongoing project operations; and - Driver’s accommodation which tend to be occupied by drivers with changeable shift patterns who deliver goods or materials to, or collect goods or materials from, an approved truck stop. Item 11.3.2 - Attachment 1 Page 65
Ordinary Council Meeting Attachments 5 February 2020 The Town of Port Hedland recognises that workforce accommodation is a legitimate means of providing accommodation to respond to short-term demands such as construction workforces, periodic maintenance shutdown workforces, and for long distance freight transport workforces, and in this context are an invaluable accommodation resource for industry. Unless exceptional circumstances apply and depending on the distance from Port Hedland, the town supports permanent residential settlement for operational workforces that enhance community integration, growth and sustainability and mental health outcomes for industry workers. Where operational workforce accommodation is used, industry should give due regard to the development of plans to transition workers to residential accommodation options. The Town of Port Hedland supports workforce accommodation for projects located within reasonable proximity of Port Hedland, being collocated within the Town in accordance with the zoning requirements of the Scheme. This excludes Drivers’ Accommodation where accommodation is small scale and likely to have limited impact on the Town. Remote workforce accommodation should be of a requisite standard and amenity to support the health and wellbeing of workers. Where operational workers are accommodated in workforce accommodation on a longer-term basis, the accommodation should be commensurate with the location of the facility. Town-based operational workforce accommodation must be of a high design standard, reflecting permanent quality residential apartments suitably integrated with surrounding development. The quality of the accommodation facility and degree of community integration will be factors considered in an approval of an extension of time for the facility. Operational workforce accommodation should not provide services that are widely available in the town. Generally, workforce accommodation will be subject to a time limited approval in acknowledgement of its temporary and transitional use. Accommodation that meets quality design criteria and is appropriately located may be considered for permanent approval. 3. Underpinning principles The position paper and accompanying policies are founded on the following principles: Corporate social responsibility – organisations have a degree of responsibility not only for the economic consequences of their activities, but also for the social and environmental implications.1 Collaboration – development of meaningful partnerships between the Town of Port Hedland, industry and government in realising the strategic vision for Port Hedland. Genuine community engagement – a firm commitment to upfront and ongoing engagement relevant to the scale and complexity of the development and management of the workforce accommodation, its impacts and benefits. Transparency and honesty - in the exchange of information between Industry and the Town of Port Hedland on the demand for, and management and lifespan of, workforce accommodation. Recognition that economic development is multifaceted and that industry, government, local government and community are key to the achievement of economic outcomes. Cultural respect and enhancement – recognition of Indigenous land ownership and culture. 1 Commonwealth of Australia, Australian Human Rights Commission. Available at: https://www.humanrights.gov.au/our‐work/corporate‐social‐responsibility‐human‐rights Item 11.3.2 - Attachment 1 Page 66
Ordinary Council Meeting Attachments 5 February 2020 4. Background Workforce accommodation is defined under the Planning and Development (Local Planning Schemes) Regulations 20152 as a premise, which may include modular or relocatable buildings, used - (a) Primarily for the accommodation of workers engaged in construction, resource, agricultural or other industries on a temporary basis; and (b) For any associated catering, sporting and recreation facilities for the occupants and authorised visitors Western Australia hosts the highest number of fly-in, fly-out workforces (‘FIFO workforces’) in Australia.3 If not planned for appropriately, workforce accommodation, both individually and cumulatively, can have significant direct and indirect impacts on the economic and social wellbeing of towns by: negatively impacting the lifestyle of local residents temporarily and significantly changing the demographic of the community, making it difficult for long term planning and investment placing additional demand on physical and community infrastructure and services, including local government resources, with limited financial offset distorting commercial activity through reliance on self-contained facilities, limited wage/salary investment and lack of surety about ongoing business opportunities inflating the housing market undermining the amenity of adjacent areas through non-complementary building design A well-planned proposal for workforce accommodation benefits the town, local businesses, industry proponents and FIFO workforces by: establishing a process of upfront and ongoing engagement with the community to identify and mitigate/manage impacts, harness project opportunities, respond to community expectations and resolve misunderstandings planning for, and offsetting, demand on limited physical and community infrastructure and services, and the community’s social structure, through applying a defined process of economic and social impact assessment and management revealing issues relevant to land use planning decisions, resulting in a more environmentally, economically and socially sustainable environment potentially reducing development approval timeframes and associated costs by applying a consistent and structured planning and approvals process collocating workforce accommodation to achieve mutual benefit through community and service integration providing transition processes (where relevant) from workforce accommodation to residential settlement within the Town enhancing the amenity and safety of the accommodation and ancillary developments for workforces and adjacent residents understanding community values, identity and cultural beliefs effectively managing the supply and use of accommodation and associated redundancy, including during resource sector economic cycles 5. Development requirements 2 Planning and Development (Local Planning Schemes) Regulations 2015 (WA), Sch 1, Pt 6, Div 2, cl.38 3 Parliament of the Commonwealth of Australia, House of Representatives Standing Committee on Industry, Innovation, Science and Resources, Keep it in the regions: mining and resources industry support for businesses in regional economics, November 2018., p135. Item 11.3.2 - Attachment 1 Page 67
Ordinary Council Meeting Attachments 5 February 2020 The Planning and Development Act 2005 empowers the Western Australian Planning Commission (‘WAPC’) and local governments to prepare planning instruments that establish development controls. The primary planning instruments developed pursuant to the Act, relevant to the Town of Port Hedland are the: State Planning Strategy 2050 Pilbara Planning and Infrastructure Framework (2012) State Position Statement: Workforce Accommodation (January 2019) Town of Port Hedland Local Planning Strategy Town of Port Hedland Local Planning Scheme Town of Port Hedland Local Planning Policy LPP/05 – Workforce Accommodation (currently under development) Town of Port Hedland Local Planning Policy LPP/06 - Social Impact Assessment (currently under development) The State government may make arrangements with companies directly regarding workforce accommodation under State Agreement Acts and the Mining Act 1978. These can vary the application of the Planning and Development Act 2005 to workforce accommodation. In applying this framework, the Town of Port Hedland aims to balance industry competitiveness and national and State economic outcomes with regional development aspirations for its communities. Further information on the effect of these legislative and planning instruments can be found in the Town of Port Hedland Local Planning Policy LPP/05 - Workforce Accommodation (currently under development). 6. Community benefit or legacy Workforce accommodation, both individually and cumulatively, can have adverse effects on community lifestyles, infrastructure and services, as well as community sustainability. Host communities and mining companies are dependent on one another and mutually beneficial relationships can be developed through planning and industry contribution. Investment in the Town of Port Hedland embeds the company as an intrinsic part of the community, supporting residents to achieve their vision by creating sustainable value, while assisting the company to navigate complex social issues. This is known in the resource sector as a social license to operate or more recently, companies creating ‘social value’. The Scheme provides for the making of agreements for community contributions for workforce accommodation developments, the basis of those agreements and the application of contributions. Contributions and legacy benefits assist the Town of Port Hedland and other community organisations to deliver infrastructure, services and programs that support community and attract and retain industry and supply chain workforces. Not negating the above contributions, companies can also support communities through local employment, procurement and industry skills development, and patronising local businesses and services, as opposed to establishing duplicate infrastructure. Further, and perhaps most significantly, companies can consider residential placement of their workforces to sustain and grow the Town. The Town of Port Hedland may negotiate with applicants for further community contributions when applications for variations to an existing approval are made. Item 11.3.2 - Attachment 1 Page 68
Ordinary Council Meeting Attachments 5 February 2020 7. Further information Proponents are encouraged to consult with Town Planning and Development staff, including technical assessment of the proposal on 9158 9300 or eplanning@porthedland.wa.gov.au. Item 11.3.2 - Attachment 1 Page 69
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