IPSWICH

CITY

COUNCIL

 

 

AGENDA

 

 

of the

 

 

 

AGENDA

 

Finance and Governance Committee

 

 

Tuesday, 10 June 2025

10 minutes after the conclusion of the Infrastructure, Planning and Assets Committee or such later time as determined by the preceding committee

 

Council Chambers, Level 8

1 Nicholas Street, Ipswich

 

 

 

 


 

MEMBERS OF THE Finance and Governance Committee

Councillor Paul Tully (Chairperson)

Councillor Jacob Madsen (Deputy Chairperson)

Mayor Teresa Harding

Deputy Mayor Nicole Jonic

Councillor Marnie Doyle

Councillor Andrew Antoniolli

Councillor Jim Madden

 

 


Finance and Governance Committee

Meeting Agenda

10 June

2025

 

Finance and Governance Committee AGENDA

 

 

Item No.

Item Title

Page No.

 

Welcome to Country or Acknowledgment of Country

 

 

Declarations of Interest

 

 

Business Outstanding

 

1

Procurement - Strategic Contracting - Associated Framework Documents

13

 

Confirmation of Minutes

 

2

Confirmation of Minutes of the Finance and Governance Committee No. 2025(04) of 20 May 2025

19

 

Officers’ Reports

 

3

Strategic Regulation Project - Targeted and Whole of Community Consultation

29

4

**Procurement: Microsoft Enterprise Agreement

40

5

2023-2024 Ipswich Arts Foundation Trust Financial Statements and Management Representation Letter

44

6

**Lease Renewal over Freehold Land at 102 Champions Way, Willowbank

64

7

**Lease Renewal over Freehold Land at 20-32 Cairns Street, Collingwood Park

77

8

**Lease Renewal over Freehold Land at 11 Thornton Street, Raceview

90

9

Lease and Contract Renewal for the Management and Operation of the Cafe/Lagoon at Robelle Domain, 155 Southern Cross Circuit, Springfield Central

101

10

**New Lease over Freehold Land at 117 Redbank Plains Road, Bellbird Park

116

11

**New Lease over Freehold Land for Community Housing Initiative

122

12

Amendments to CEO Delegations due to legislative Updates

127

13

Consistency Review: Local Laws and New Planning Scheme

142

 

Notices of Motion

 

 

Matters Arising

 

 

Questions / General Business

 

** Item includes confidential papers

 


Finance and Governance Committee NO. 2025(05)

 

10 June 2025

 

AGENDA

 

 

Welcome to Country or Acknowledgement of Country

 

 

DECLARATIONS OF INTEREST IN MATTERS ON THE AGENDA

 

 

BUSINESS OUTSTANDING

 

1.           Procurement - Strategic Contracting - Associated Framework Documents

This is a report concerning the adoption of ‘Strategic Contracting Procedures’ (SCP) from 1 July 2025 for Council contracts, as per the requirements of Chapter 6, Part 2 of the Local Government Regulation 2012.

 

Recommendation

A.           That pursuant to section 198(1) of the Local Government Regulation 2012, Council adopt the Procurement Policy contained at Attachment 1 to this report, to take effect from 1 July 2025, which aligns with Council’s Strategic Contracting Procedures governance framework.

B.           That pursuant to section 222(1) of the Local Government Regulation 2012, Council adopt the Procurement and Contracts Manual, contained at Attachment 3 to this report, to take effect from 1 July 2025, which sets out Council’s procedures for carrying out all contracts from 1 July 2025.

 

 

Confirmation of Minutes

2.           Confirmation of Minutes of the Finance and Governance Committee
No. 2025(04) of 20 May 2025

 

Recommendation

That the minutes of the Finance and Governance Committee held on 20 May 2025 be confirmed.

 

 

Officers’ Reports

 

3.           Strategic Regulation Project - Targeted and Whole of Community Consultation

This is a report providing further detail on the Strategic Regulation Project, specifically, Phase 3 of Step 1 (being the undertaking of targeted community consultation to inform the drafting of the Strategic Regulation Policy), and Phase 3 of Step 3 (being the undertaking of whole community consultation to inform the drafting of the Local Laws).

 

Recommendation

A.           That the report be received and contents noted.

B.           That the Regulatory Advisory Committee provide further advice to the Strategic Regulation Project Team regarding the ongoing requirement for conduct of targeted community consultation at Phase 3 of Step 1 of the Strategic Regulation Project.

 

4.           **Procurement: Microsoft Enterprise Agreement

This is a report concerning the procurement and recommendation to negotiate and enter into a contractual arrangement with Data#3 Limited (Data#3) for the provision of Councils Microsoft enterprise agreement and Azure subscription services.

 

Recommendation

A.           That pursuant to Section 228 of the Local Government Regulation 2012 (Regulation), Council award Tender No. VP457734 for the provision of Microsoft enterprise agreement and Azure subscription services to Data#3 Limited (Supplier).

B.           That Council enter into a contractual arrangement with the Supplier at an approximate purchase price of $7,000,000 excluding GST over the entire term, being a term of three (3) years, with no options for extension.

C.           That pursuant to Section 257(1)(b) of the Local Government Act 2009, Council resolve to delegate to the Chief Executive Officer the power to take “contractual action” pursuant to section 238 of the Regulation, in order to implement Council’s decision.

 


 

5.           2023-2024 Ipswich Arts Foundation Trust Financial Statements and Management Representation Letter

This is a report concerning Ipswich City Council’s controlled entity, Ipswich Arts Foundation Trust’s 2023-2024 annual financial statements.

 

Recommendation

A.           That the 2023-2024 Ipswich Arts Foundation Trust annual financial statements as detailed in Attachment 1 be received and the contents noted.

B.           That the 2023-2024 Ipswich Arts Foundation Trust management representation letter as detailed in Attachment 2 be received and the contents noted.

 

6.           **Lease Renewal over Freehold Land at 102 Champions Way, Willowbank

This is a report concerning the proposed lease renewal over freehold land located at 102 Champions Way, Willowbank, described as part of Lot 1 on SP308694 (the Land), between Ipswich City Council (Council) and Amplitel Pty Ltd (Amplitel).

 

Recommendation

A.           That pursuant to section 236(2) of the Local Government Regulation 2012 (Regulation), Council resolve that the exception at section 236(1)(c)(vi) of the Regulation applies to the disposal of interest in land at 102 Champions Way, Willowbank more particularly described as Lease TC and Lease TD over Lot 1 and Plan SP308694 , because it is for two leases for telecommunication towers.

B.           That Council enter into two leases (TC and TD) (Council reference number 6335) with Amplitel Pty Ltd (Lessee):

(i)      at a commencing annual rent of $26,500 per lease area, excluding GST, payable to Council; and

(ii)     for a term of ten (10) years, with no options for extension.

C.           That pursuant to Section 257(1)(b) of the Local Government Act 2009, Council resolve to delegate to the Chief Executive Officer the power to take “contractual action” pursuant to section 238 of the Regulation, in order to implement Council’s decision.

 

7.           **Lease Renewal over Freehold Land at 20-32 Cairns Street, Collingwood Park

This is a report concerning the proposed lease renewal over freehold land located at 20-32 Cairns Street, Collingwood Park, described as part of Lot 901 on SP264807 (the Land), between Ipswich City Council (Council) and Amplitel Pty Ltd (Amplitel).

 

 

Recommendation

A.           That pursuant to section 236(2) of the Local Government Regulation 2012 (Regulation), Council resolve that the exception at section 236(1)(c)(vi) of the Regulation applies to the disposal of interest in land at 20-32 Cairns Street, Collingwood Park more particularly described as part of Lot 901 on SP264807, because it is for a lease for telecommunication towers.

B.           That Council enter into a lease (Council reference number 6334) with Amplitel Pty Ltd (Lessee):

(i)      at a commencing annual rent of $26,500 excluding GST, payable to Council; and

(ii)     for a term of ten (10) years, with no options for extension.

C.           That pursuant to Section 257(1)(b) of the Local Government Act 2009, Council resolve to delegate to the Chief Executive Officer the power to take “contractual action” pursuant to section 238 of the Regulation, in order to implement Council’s decision.

 

8.           **Lease Renewal over Freehold Land at 11 Thornton Street, Raceview

This is a report concerning the proposed lease renewal over freehold land located at 11 Thornton Street, Raceview, described as part of Lot 1 on RP215738 (the Land), between Ipswich City Council (Council) and Amplitel Pty Ltd (Amplitel).

 

Recommendation

A.           That pursuant to section 236(2) of the Local Government Regulation 2012 (Regulation), Council resolve that the exception at section 236(1)(c)(vi) of the Regulation applies to the disposal of interest in land at 11 Thornton Street, Raceview more particularly described as part of Lot 1 on RP215738, because it is for a lease for telecommunication towers.

B.           That Council enter into a lease (Council reference number 6333) with Amplitel Pty Ltd (Lessee):

(i)    at a commencing annual rent of $26,500 excluding GST, payable to Council; and

(ii)   for a term of ten (10) years, with no options for extension.

C.           That pursuant to Section 257(1)(b) of the Local Government Act 2009, Council resolve to delegate to the Chief Executive Officer the power to take “contractual action” pursuant to section 238 of the Regulation, in order to implement Council’s decision.

 

9.           Lease and Contract Renewal for the Management and Operation of the Cafe/Lagoon at Robelle Domain, 155 Southern Cross Circuit, Springfield Central

This is a report concerning the proposed renewal of the management and operation of the Café and Orion Lagoon at Robelle Domain over freehold land located at
155 Southern Cross Circuit, Springfield Central, described as part of Lot 760 on SP204985 and Lot 762 on SP221160 (the Land), between Ipswich City Council (Council) and Australian Crawl Springfield Pty Ltd (ACS).

 

Recommendation

A.           That pursuant to section 236(2) of the Local Government Regulation 2012 (Regulation), Council resolve that the exception at section 236(1)(c)(iii) of the Regulation applies to the disposal of interest in land at 155 Southern Cross Circuit, Springfield Central more particularly described as part of Lot 760 and Plan SP204985 and Lot 762 and Plan SP221160, for café purposes, because it is for renewal of a lease to the existing lessee.

B.           That Council renew the lease (Council file reference number 6363 with Australian Crawl Springfield Pty Ltd (Lessee):

(i)    at a commencing annual rent of $18,565 excluding GST, payable to Council, and

(ii)   for an initial term of two (2) years, with no options for extension.

C.           That Council vary the existing Contractual Arrangement (contract 14-15-108) with Australian Crawl Springfield Pty Ltd to Manage the Orion Lagoon including Lifeguards, Pool Operators and Security Guards in accordance with S226 of the Local Government Regulations 2012;

 

(i)    To extend for a further term of two (2) years, with no options for extension.

D.           That pursuant to Section 257(1)(b) of the Local Government Act 2009, Council resolve to delegate to the Chief Executive Officer the power to take “contractual action” pursuant to section 238 of the Regulation, in order to implement Council’s decision.

 

10.         **New Lease over Freehold Land at 117 Redbank Plains Road, Bellbird Park

This is a report concerning the proposed new lease over freehold land located at 117 Redbank Plains Road, Bellbird Park, described as part of Lot 12 on SP841775 (the Land), between Ipswich City Council (Council) and Amplitel Pty Ltd (Amplitel).

 


 

Recommendation

A.           That pursuant to section 236(2) of the Local Government Regulation 2012 (Regulation), Council resolve that the exception at section 236(1)(c)(vi) of the Regulation applies to the disposal of interest in land at 117 Redbank Plains Road, Bellbird Park more particularly described as part of Lot 12 and Plan RP841775, because it is for a lease for telecommunication towers.

B.           That Council enter into a lease (Council reference number 6159) with Amplitel Pty Ltd (Lessee):

(i)    at a commencing annual rent of $26,500 excluding GST, payable to Council; and

(ii)   for a term of ten (10) years, with no options for extension.

C.           That pursuant to Section 257(1)(b) of the Local Government Act 2009, Council resolve to delegate to the Chief Executive Officer the power to take “contractual action” pursuant to section 238 of the Regulation, in order to implement Council’s decision.

 

11.         **New Lease over Freehold Land for Community Housing Initiative

This is a report concerning a proposed new lease over freehold land between Ipswich City Council (Council) and Domestic Violence Action Centre Inc. (DVAC).

 

Recommendation

 

A.           That pursuant to section 236(2) of the Local Government Regulation 2012 (Regulation), Council resolve that the exception at section 236(1)(b)(ii) of the Regulation applies to the disposal of interest in land at the properties outlined in Confidential Attachment 1, for community housing for families recovering from domestic and family violence, because Domestic Violence Action Centre Inc.

(Lessee) is a community organisation.

 

B.            That Council enter into a lease (Council file reference number 6338) with the Lessee:

(i)      at an annual rent of $1.00 excluding GST, payable to Council if demanded, and

(ii)     for an initial term of twenty (20) years, with no options for extension.

 

C.           That pursuant to Section 257(1)(b) of the Local Government Act 2009, Council resolve to delegate to the Chief Executive Officer the power to take “contractual action” pursuant to section 238 of the Regulation, in order to implement Council’s decision.

 


 

12.         Amendments to CEO Delegations due to legislative Updates

This is a report concerning updates to the delegations to the CEO due to recent changes to legislation.

 

Recommendation

A.           That the delegations to the Chief Executive Officer as detailed in Attachment 1 to the report by the Senior Governance Officer dated 6 May 2025 be adopted.

B.           That the delegations to the Chief Executive Officer as detailed in Attachment 3 be amended as detailed in Attachment 2 to the report by the Senior Governance Officer dated 6 May 2025.

 

13.         Consistency Review: Local Laws and New Planning Scheme

Council is implementing a new planning scheme (the draft scheme) that will commence on 1 July 2025. As a result of this, a project has been undertaken comparing the draft scheme with Council’s current local laws to determine any critical gaps or inconsistencies that could impede regulatory functions once the draft scheme commences.

Out of Council’s 14 Local Laws and Subordinate Local Laws only 7 require changes – with 18 key changes identified. In July 2024, Council resolved to commence the formal local law-making process to enable those key changes to the identified local laws to be made in a timely manner and coincide with the commencement of the draft scheme. The local law-making process has now been completed and this report provides outcomes of the public consultation, anti-competitive provisions review and State interest check process with the amending laws now presented for adoption. (Note: this report was provided for information previously to the Regulation Advisory Committee on 5 February 2025 and subsequent Finance and Governance and Ordinary Council meetings in February 2025.)

If this report is now adopted by resolution, and as required by the Local Government Act 2009, commencement of the amended laws will occur within one month by publishing a notice in the Queensland Government Gazette and on council’s website. With the draft scheme set to commence on 1 July 2025 then commencement of the laws will coincide with that date.

 

Recommendation

A.           That it be noted that no submissions were received during the public consultation period, as detailed in Attachment 2 of the report, for the following:

a)   Local Law (Amending) Local Law No.1 (Administration) 2024

b)   Local Law (Amending) Local Law No.3 (Commercial Licensing) 2024

c)   Subordinate Local Law (Amending) Subordinate Local Law No.3.1 (Commercial Licensing) 2024

d)   Local Law (Amending) Local Law No. 5 (Parking) 2024

e)   Subordinate Local Law (Amending) Subordinate Local Law 5.1 (Parking) 2024

f)    Subordinate Local Law (Amending) Subordinate Local Law 6.1 (Animal Management) 2024

g)   Local Law (Amending) Local Law No. 8 (Nuisances and Community Health and Safety) 2024

B.           That it be noted that State interest checks were conducted on the proposed amending local laws with feedback received that resulted in one amendment to Local Law (Amending) Local Law No.5 (Parking) 2024 as set out in Attachment 3 of the report.

C.           That it be noted that minor errors were identified following the public consultation period that do not change the intent within the laws as advertised and do not require further public consultation.

D.           That the proposed amending local laws and subordinate local laws listed in Recommendation A do not contain any significant anti-competitive provisions as detailed in Attachment 1 of the report.

E.           That Council make the following local laws and subordinate local laws as advertised and subject to the amendments shown in tracked changes, as set out in Attachments 4 to 10 of the report:

a)   Local Law (Amending) Local Law No.1 (Administration) 2024

b)   Local Law (Amending) Local Law No.3 (Commercial Licensing) 2024

c)   Subordinate Local Law (Amending) Subordinate Local Law No.3.1 (Commercial Licensing) 2024

d)   Local Law (Amending) Local Law No. 5 (Parking) 2024

e)   Subordinate Local Law (Amending) Subordinate Local Law 5.1 (Parking) 2024

f)    Subordinate Local Law (Amending) Subordinate Local Law 6.1 (Animal Management) 2024

g)   Local Law (Amending) Local Law No. 8 (Nuisances and Community Health and Safety) 2024

F.           That pursuant to section 32 of the Local Government Act 2009, Council adopt consolidated versions of the following local laws and subordinate local laws, as set out in Attachments 11 to 17 of the report:

a)   Local Law No. 1 (Administration) 2013

b)   Local Law No.3 (Commercial Licensing) 2013

c)   Subordinate Local Law No.3.1 (Commercial Licensing) 2013

d)   Local Law No. 5 (Parking) 2013

e)   Subordinate Local Law 5.1 (Parking) 2013

f)    Subordinate Local Law 6.1 (Animal Management) 2013

g)   Local Law No. 8 (Nuisances and Community Health and Safety) 2013

G.           That it be noted that commencement of the laws listed in Recommendation E will not occur until publication of a notice in the Queensland Government Gazette, and that publication of the notice will coincide with the commencement of Council’s new planning scheme.

 

 

NOTICES OF MOTION

 

 

MATTERS ARISING

 

 

QUESTIONS / GENERAL BUSINESS

 


Finance and Governance Committee

Meeting Agenda

10 June

2025

 

Doc ID No: A11305814

 

ITEM:            2

SUBJECT:      Procurement - Strategic Contracting - Associated Framework Documents

AUTHOR:      Manager, Procurement

DATE:           13 March 2025

Executive Summary

This is a report concerning the adoption of ‘Strategic Contracting Procedures’ (SCP) from
1 July 2025 for Council contracts, as per the requirements of Chapter 6, Part 2 of the Local Government Regulation 2012.

Recommendation/s

A.           That pursuant to section 198(1) of the Local Government Regulation 2012, Council adopt the Procurement Policy contained at Attachment 1 to this report, to take effect from 1 July 2025, which aligns with Council’s Strategic Contracting Procedures governance framework.

B.           That pursuant to section 222(1) of the Local Government Regulation 2012, Council adopt the Procurement and Contracts Manual, contained at Attachment 3 to this report, to take effect from 1 July 2025, which sets out Council’s procedures for carrying out all contracts from 1 July 2025.

RELATED PARTIES

 

There are no declarations of conflicts of interest.

 

All Council Suppliers

All Council Employees

ifuture Theme

A Trusted and Leading Organisation

Purpose of Report/Background

On 30 April 2025 Council resolved to apply Chapter 6, Part 2 ‘Strategic Contracting Procedures’ (SCP) of the Local Government Regulation 2012 (the Regulation) to its contracts from 1 July 2025. 

Prior to the commencement of SCP being applied Council must adopt a Contract Manual and Contracting Plan, as required by Chapter 6, Part 2 of the Regulation.

The purpose of this report is to present the SCP governance framework documents for Council to review, and ether adopt or note. The documents contained within this report have been developed in accordance with the Local Government Act 2009 and the Regulation and have been reviewed by Legal Services to ensure compliance.

The SCP governance framework consists of:

1.   a Procurement Policy,

2.   a Procurement and Contracts Manual,

3.   an Annual Contracting Plan, and

4.   where applicable Significant Contracting Plans.

 

1.   The Procurement Policy has been transitioned to the new template and updated to support SCP.

A summary of the changes has been attached for ease of review. 

 

2.   The Procurement and Contracts Manual will replace the current Procurement Procedure, and the Procurement Administrative Directive will be removed from the suite as it is no longer required.

 

The Regulation state’s that: a contract manual is a document that sets out the procedures for how the local government is to carry out all contracts. The contract manual must:

 

a.   apply the sound contracting principles; and

b.   be consistent with, and support, the achievement of the strategic direction stated in the local government’s 5-year corporate plan; and

c.   if the local government has adopted a contracting plan—be consistent with the contracting plan; and

d.   include a policy about how the local government is to deal with any non-current assets that have a value of less than the amount mentioned in section 224(8) of the Regulation.

The Procurement and Contracts Manual also contains Council’s Buy Ipswich approach. A summary of the changes to this approach has been attached for ease of review.

 

3.   Council have created an Annual Contracting Plan (ACP) which details Contracts proposed to be entered into by Council for the 2025/2026 Financial Year in accordance with the two contract types (General and Significant - see listed below). All other contracting activities with an expected value of less than $500,000 (excluding GST) will be undertaken in accordance with the Procurement and Contracts Manual and are not listed in the ACP.

 

General

·    the expected contract value is greater than or equal to $500,000 (excluding GST) but less than $7,000,000 (excluding GST).

Significant

·    the expected contract value is more than $7,000,000 (excluding GST); or

·    the contract term proposed is greater than ten years.

 

The Regulation states that a Contracting Plan must be made and adopted by Council each financial year after the Annual Budget is adopted. The document must state—

 

a.   the types of contracts that the local government proposes to make in the financial year; and

b.   the principles and strategies for performing the contracts; and

c.   a policy about proposed delegations for the contracts; and

d.   a market assessment for each type of contract; and

e.   the contracts that the local government considers will be significant (a significant contract) having regard to the market assessment; and

f.    a policy about the making of a significant contracting plan under section 221 of the Regulation.

 

The ACP will be presented on 1 July with the Annual Budget for adoption. A copy is included at Attachment 5 of this report, for noting only.

 

4.   The Significant Contracting Plan template has been developed to ensure there is a consistent and compliant approach to Significant Contracts.

 

The Regulation states that if the contracting plan identifies a significant contract, Council must make a significant contracting plan for that significant contract before it starts. A significant contracting plan is a document stating—

 

a.    the objectives of the significant contract; and

b.    how the objectives are to be achieved; and

c.    how achievement of the objectives will be measured; and

d.    any alternative ways of achieving the objectives, and why the alternative ways were not adopted; and

e.    proposed contractual arrangements for the activity; and

f.     a risk analysis of the market in which the contract is to happen; and

The objectives must be consistent with the local government’s contracting plan.

A copy of the Significant Contract Plan - Template is included at Attachment 6 of this report, for noting only.

 

The local government may, by resolution, amend a significant contracting plan at any time before the end of the financial year to which the plan relates.

Legal IMPLICATIONS

 

This report and its recommendations are consistent with the following legislative provisions:

Local Government Act 2009

Local Government Regulation 2012

policy implications

·    The Procurement Policy has been updated,

·    The Procurement Procedure has been amended to form the Procurement and Contracts Manual,

·    A new Annual Contracting Plan has been created, and

·    The current Procurement Administrative Directive will be removed from the Procurement suite of documents.

 

RISK MANAGEMENT IMPLICATIONS

The SCP is an approach that identifies potential opportunities, while managing adverse risks as per section 217(2) of the Regulation.

Financial/RESOURCE IMPLICATIONS

The delivery of the SCP is consistent with the existing budget. The costs and benefits of applying the Strategic Contracting Procedures were reported to Council on 18 February 2025. The strategic approach would cost no more, and likely less than the costs associated with maintaining the existing framework under the Default Contracting Procedures.

COMMUNITY and OTHER CONSULTATION

Consultation has occurred with the Executive Leadership Team, Procurement Branch, Legal and Governance and selected stakeholders within Council.

Conclusion

The shift to SCP under Part 2, Chapter 6 of the Regulation marks a significant milestone for Council in strengthening its procurement capabilities and improving operational efficiency. Establishing a Procurement Policy alongside the Procurement and Contracts Manual is essential to meeting the scheduled commencement on 1 July 2025. The process will conclude with the adoption of the ACP on 1 July, following the approval of the Annual Budget.

HUMAN RIGHTS IMPLICATIONS

.

HUMAN RIGHTS IMPACTS

OTHER DECISION

 

 

(a)  What is the Act/Decision being made?

Resolve to adopt the Procurements governance documents as per this paper and presented in this paper in order to move to Strategic Contracting Procedures.

 

(b) What human rights are affected?

No human rights are affected by this decision, this is a procurement process change.

 

(c)  How are the human rights limited?

Not Applicable

 

 

(d) Is there a good reason for limiting the relevant rights? Is the limitation fair and reasonable?

Not Applicable

 

(e)  Conclusion

The decision is consistent with human rights.

 

Attachments and Confidential Background Papers

 

1.

Procurement Policy (under separate cover)  

2.

Procurement Policy - Comparative Summary (under separate cover)  

3.

Procurement and Contracts Manual (under separate cover)  

4.

Buy Ipswich - Comparative Summary (under separate cover)  

5.

Annual Contracting Plan (FY25-26) (under separate cover)  

6.

Significant Contracting Plan - Template (under separate cover)  

 

Tanya Houwen

Manager, Procurement

I concur with the recommendations contained in this report.

Matt Smith

General Manager (Corporate Services)

 

“Together, we proudly enhance the quality of life for our community”

 


Finance and Governance Committee

Meeting Agenda

10 June

2025

 

Finance and Governance Committee NO. 2025(04)

 

20 May 2025

 

Minutes

COUNCILLORS’ ATTENDANCE:

Councillor Paul Tully (Chairperson); Councillors Jacob Madsen (Deputy Chairperson) (via audio-link), Deputy Mayor Nicole Jonic (via audio-link), Marnie Doyle, Andrew Antoniolli, Jim Madden,  David Martin (via audio-link) (Observer) and Councillor Augustine (Observer)

COUNCILLOR’S APOLOGIES:

Mayor Teresa Harding

 

OFFICERS’ ATTENDANCE:

 

Chief Executive Officer (Sonia Cooper), General Manager Corporate Services (Matt Smith), General Manager Planning and Regulatory Services (Brett Davey), General Manager (Asset and Infrastructure Services (Seren McKenzie), Chief Financial Officer (Christina Binoya), Property Services Manager (Alicia Rieck), Senior Property Officer (Tenure) (Kerry Perrett), Treasury Accounting Manager (Paul Mollenhauer), Chief Information Officer (Angela Jackson), Manager Procurement (Tanya Houwen), Manager, Media, Communications and Engagement (Mark Strong) and Theatre Technician (Max Moylan)

 

              Leave of Absence – MAYOR TERESA HARDING

Recommendation 

Moved by Councillor Paul Tully:

Seconded by Councillor Andrew Antoniolli:

That a Leave of Absence for the Finance and Governance Committee be granted for Mayor Teresa Harding.

 

AFFIRMATIVE                    NEGATIVE

Councillors:                      Councillors:

Tully                                         Nil

Madsen

Jonic

Doyle

Antoniolli

Madden

 

The motion was put and carried.

 

 

 

Councillor Marnie Doyle arrived at the meeting at 10.54 am.

 

Welcome to Country or Acknowledgement of Country

 

Councillor Paul Tully (Chairperson) invited Deputy Mayor Nicole Jonic to deliver the Acknowledgement of Country

 

DECLARATIONS OF INTEREST IN MATTERS ON THE AGENDA

 

Nil

 

BUSINESS OUTSTANDING

 

Finance and Governance Committee 22 April 2025

QUESTION – Formal Business Plan

 

Mayor Teresa Harding stated that in the officer’s report for Item 8 it talks about the tenure

of property policy ordinarily requiring a business plan to be submitted in order to justify a

term of five (5) years in length and that Swifts have not provided a formal business plan.

Mayor Harding queried why a formal business plan has not been provided.

 

That the General Manager, Corporate Services provide the Mayor and Councillors

with the reason why a formal business plan has not been provided by Swifts.

 

RESPONSE

 

The following response to this question was provided to all councillors:

 

At present the Tenure of Property Policy does not specifically call out the format or

the specific content that a business case should address where a lease term of 5 years or greater is requested. It should also be noted that the current request relates to a variation of an existing lease rather than the grant of a new lease.

 

Swifts have provided explanations of their plans on occasion through the discussions, both prior to the resolution on 8 December 2022 and during more recent discussions. Whilst these have not taken the form of a traditional business case, they have identified their planned future use for the premise and provided some concept designs for the facility they are planning to construct.

 

Swifts have also flagged concerns regarding the commercial risk present in a

competitive market and are particularly apprehensive about any plans for future

development being made publicly available.

 

Based on the above, we are comfortable that the requirements of the Tenure of

Property Policy have been met.

 

Confirmation of Minutes

 

1.           Confirmation of Minutes of the Finance and Governance Committee No. 2025(03) of 22 April 2025

Recommendation 

Moved by Councillor Marnie Doyle:

Seconded by Councillor Andrew Antoniolli:

That the minutes of the Finance and Governance Committee held on 22 April 2025 be confirmed.

 

AFFIRMATIVE                    NEGATIVE

Councillors:                      Councillors:

Tully                                         Nil

Madsen

Jonic

Doyle

Antoniolli

Madden

 

The motion was put and carried.

 

 

Officers’ Reports

 

2.           Proposed Agreement for Lease - Dress Circle, Brookwater

This is a report concerning a proposed Agreement for Lease in conjunction with future local recreation parks within the Dress Circle development at Brookwater.

 

“The attachment/s to this report are confidential in accordance with section 254J(3)(h) of the Local Government Regulation 2012.”

Recommendation 

Moved by Councillor Paul Tully:

Seconded by Councillor Jim Madden:

A.           That pursuant to section 236(2) of the Local Government Regulation 2012 (Regulation), Council resolve that the exception at section 236(1)(b)(ii) of the Regulation applies to the disposal of interest in land at the Brookwater Dress Circle development, more particularly described as two (2) equivalent local recreation parks, to a community organisation, namely the Body Corporate for the Brookwater Dress Circle Home Owners Club (BDCHOC) Community Titles Scheme.

B.           That Council enter into an agreement for lease and lease with the Body Corporate for the BDCHOC Community Titles Scheme, Springfield Land Corporation (No.2) Pty Limited and Springfield City Group Pty Limited.

C.           That the Chief Executive Officer be authorised to negotiate and finalise the terms of the lease agreements for the future parks.

 

AFFIRMATIVE                    NEGATIVE

Councillors:                      Councillors:

Tully                                         Nil

Madsen

Jonic

Doyle

Antoniolli

Madden

 

The motion was put and carried.

 

 

3.           Lease Renewal over Freehold Land at 7-9 John Street, Rosewood

This is a report concerning the proposed renewal over freehold land located at
7-9 John Street, Rosewood, described as part of Lot 9 on RP906761 (the Land), between Ipswich City Council (Council) and Robert David Carruthers (RDC).

 

“The attachment/s to this report are confidential in accordance with section 254J(3)(g) of the Local Government Regulation 2012.”

Recommendation 

Moved by Councillor Jim Madden:

Seconded by Councillor Marnie Doyle:

A.           That pursuant to section 236(2) of the Local Government Regulation 2012 (Regulation), Council resolve that the exception at section 236(1)(c)(iii) of the Regulation applies to the disposal of interest in land at 7-9 John Street, Rosewood more particularly described as part of Lot 9 and Plan RP906761, for solicitor’s office purposes, because it is for renewal of a lease to the existing lessee.

B.           That Council renew the lease (Council file reference number 6209 with Robert David Carruthers (Lessee):

(i)    at a commencing annual rent of $18,500 excluding GST, payable to Council, and

(ii)   for an initial term of five (5) years, with no options for extension.

 

AFFIRMATIVE                    NEGATIVE

Councillors:                      Councillors:

Tully                                         Nil

Madsen

Jonic

Doyle

Antoniolli

Madden

 

The motion was put and carried.

 

 

4.           Proposed Fees and Charges to apply from 1 July 2025

This is a report concerning the annual review of Ipswich City Council’s (Council) proposed commercial and cost recovery fees and charges, and the recommended pricing to commence with effect 1 July 2025.

 

Recommendation 

Moved by Councillor Paul Tully:

Seconded by Councillor Andrew Antoniolli:

That the proposed 2025-2026 Fees and Charges, as detailed in Attachment 1 (excluding the following pages:

pages  19 to 32 Sections 1 to 7.4
pages  34 to 39 Sections 1 to 7.1
pages  40 to 41 Sections 8 to 8.8
page    41 Section 9
page    41 Sections 10 to 10.2
pages   41 to 43 Sections 11 to 11.1.2
Page     114 Sections 1 to 1.3
Pages   115  Section 3
Pages   116 to 117 Sections 3.2 to 3.2.4) 

be adopted with an effective date of 1 July 2025.

 

AFFIRMATIVE                    NEGATIVE

Councillors:                      Councillors:

Tully                                         Nil

Madsen

Jonic

Doyle

Antoniolli

Madden

 

The motion was put and carried.

 

 


5.           Monthly Financial Performance Report - April 2025

This is a report concerning Ipswich City Council’s (Council) financial performance for the period ending 30 April 2025, submitted in accordance with section 204 of the Local Government Regulation 2012.

Recommendation 

Moved by Councillor Paul Tully:

Seconded by Councillor Jim Madden:

That the report on Council’s financial performance for the period ending
30 April 2025, submitted in accordance with section 204 of the Local Government Regulation 2012, be considered and noted by Council.

 

AFFIRMATIVE                    NEGATIVE

Councillors:                      Councillors:

Tully                                         Nil

Madsen

Jonic

Doyle

Antoniolli

Madden

 

The motion was put and carried.

 

 

6.           Procurement - Infor Pathway Local Government Platform

This is a report seeking resolution by Council to enter into a contract with Infor Global Solutions (ANZ) Pty Limited for the provision of Infor Pathway, a Local Government Cloud Solution for a period of five (5) years at an estimated cost of $4,000,000 (ex GST), without inviting quotes.  

The exception under section 235(b) of the Local Government Regulation 2012 applies as the services provided are of a specialised nature and it would be disadvantageous or impractical to invite tenders. 

 

“The attachment/s to this report are confidential in accordance with section 254J(3)(g) of the Local Government Regulation 2012.”

Recommendation 

Moved by Councillor Andrew Antoniolli:

Seconded by Councillor Marnie Doyle:

A.           That pursuant to Section 235(b) of the Local Government Regulation 2012 (Regulation), Council resolve that the exception applies because of the specialised nature of the services that are sought and it would be impractical and disadvantageous to invite tenders for the provision of Infor Pathway.

B.            That Council enter into a contractual arrangement (Council file reference number 250226-000320) with Infor Global Solutions (ANZ) Pty Limited (ABN 25 003 538 314), at an approximate purchase price of $4,000,000 excluding GST over the entire term, being a term of five (5) years, with no options for extension.

 

C.            That pursuant to Section 257(1)(b) of the Local Government Act 2009, Council resolve to delegate to the Chief Executive Officer the power to take “contractual action” pursuant to section 238 of the Regulation, in order to implement Council’s decision.

 

AFFIRMATIVE                    NEGATIVE

Councillors:                      Councillors:

Tully                                         Nil

Madsen

Jonic

Doyle

Antoniolli

Madden

 

The motion was put and carried.

 

 

7.           Procurement - Online Community Engagement Platform

This is a report concerning the continuation of a contract (#5079) with Social Pinpoint Pty Ltd (Social Pinpoint), for the provision of the Online Community Engagement Platform in accordance with section 235(b) of the Local Government Regulations, as it is impractical and disadvantageous to invite quotes or tenders for a new platform at this stage.

Recommendation 

Moved by Councillor Paul Tully:

Seconded by Councillor Jim Madden:

A.           That pursuant to Section 235(b) of the Local Government Regulation 2012 (Regulation), Council resolve that the exception applies because of the specialised nature of the services that are sought and it would be impractical and disadvantageous to invite quotes or tenders for the provision of the Community Engagement Platform.

B.           That Council continue the contractual arrangement with Social Pinpoint Pty Ltd, with an increase in purchase price of approximately $120,000 excluding GST over the additional term, being options for extension at the discretion of Council (as purchaser) of an additional three (3) X one (1) year terms. The total spend for the platform from 2018 to 2028 will be approximately $320,000 excluding GST.

 

C.           That Council use the next 12 months to explore community engagement platform options that could integrate with Council’s new content management system.

 

AFFIRMATIVE                    NEGATIVE

Councillors:                      Councillors:

Tully                                         Nil

Madsen

Jonic

Doyle

Antoniolli

Madden

 

The motion was put and carried.

 

 

8.           Procurement - Asset and Works Management Solution

This is a report concerning the procurement and recommendation to negotiate and enter into a contractual arrangement with Brightly Software Australia Pty Ltd for the provision of a cloud-based asset and works management solution (ElevateAWM).

 

“The attachment/s to this report are confidential in accordance with section 254J(3)(g) of the Local Government Regulation 2012.”

Recommendation 

Moved by Councillor Paul Tully:

Seconded by Councillor Marnie Doyle:

A.           That pursuant to Section 228 of the Local Government Regulation 2012 (Regulation), Council award Tender No. 21476 for the provision of an asset and works management solution to Brightly Software Australia Pty Ltd (Supplier).

B.           That Council enter into a contractual arrangement with the Supplier at an approximate purchase price of $4,500,000 excluding GST over the entire term, being an initial term consisting of the implementation period plus four (4) years, with options for extension at the discretion of Council (as purchaser), of an additional three (3) x one (1) year terms.

C.           That pursuant to Section 257(1)(b) of the Local Government Act 2009, Council resolve to delegate to the Chief Executive Officer the power to take “contractual action” pursuant to section 238 of the Regulation, in order to implement Council’s decision.

 

AFFIRMATIVE                    NEGATIVE

Councillors:                      Councillors:

Tully                                         Nil

Madsen

Jonic

Doyle

Antoniolli

Madden

 

The motion was put and carried.

 

 

NOTICES OF MOTION

 

Nil

 

MATTERS ARISING

 

Nil

 

QUESTIONS / GENERAL BUSINESS

 

Nil

 

PROCEDURAL MOTIONS AND FORMAL MATTERS

The meeting commenced at 10.52 am.

The meeting closed at 11.03 am.

 

 

 

 


Regulation Advisory Committee

Meeting Agenda

5 June

2025

 

Doc ID No: A11611320

 

ITEM:            2

SUBJECT:      Strategic Regulation Project - Targeted and Whole of Community Consultation

AUTHOR:      Senior Project Officer

DATE:           23 May 2025

 

Executive Summary

This is a report providing further detail on the Strategic Regulation Project, specifically, Phase 3 of Step 1 (being the undertaking of targeted community consultation to inform the drafting of the Strategic Regulation Policy), and Phase 3 of Step 3 (being the undertaking of whole community consultation to inform the drafting of the Local Laws).

Recommendation/s

A.           That the report be received and contents noted.

B.           That the Regulatory Advisory Committee provide further advice to the Strategic Regulation Project Team regarding the ongoing requirement for conduct of targeted community consultation at Phase 3 of Step 1 of the Strategic Regulation Project.

RELATED PARTIES

There are no known related parties or conflicts of interest at the time of writing

ifuture Theme

A Trusted and Leading Organisation

Purpose of Report/Background

 

On 22 August 2024 Council adopted a three-step approach for the Strategic Regulation Project as per the below recommendations of the Regulatory Advisory Committee, which were made on 5 August 2024:

 

A.      That Council adopt the three-step approach as generally outlined in the report.

B.      That the Mayor and Councillors be given a briefing on the three-step approach as generally outlined in the report.

 

The three-step approach that was adopted is provided at Attachment 1 to this report.


 

 

The briefing required by recommendation B was held on 19 September 2024.

The Three-Step Approach

 

The objective of the three-step approach and underlying project plan is to ensure that:

 

·    the outcome of each individual “Step” of the project informs and supports the intended outcomes of the “Steps” that follow it;

·    the outcome of each “Phase” of each “Step” informs and underpins the overall outcome of the “Step” they relate to.

Phase 3 of Step 1 (creation of a strategic regulation policy project plan) comprises targeted community consultation, and subsequent analysis of consultation outcomes.

 

Phase 3 of Step 3 (comprehensive local law review) comprises whole community consultation, and subsequent analysis of consultation outcomes. 

 

The project team understands that the Regulatory Advisory Committee has sought further detail to inform its understanding of:

 

1.   the intent and benefit of the targeted community consultation to be undertaken at Phase 3 of Step 1, and

2.   the consultation intended to be carried out at Phase 3 of Step 3.

Step 1 (Strategic Regulation Policy), Phase 3– Targeted Community Consultation

 

The intent of the targeted community consultation to be carried out for Step 1 is to conduct an assessment of community stakeholder views of the approach that Council should be taking to regulation and enforcement and foster community understanding of and support for Council taking a “risk-based” approach to compliance and enforcement.  Consultation is planned to be undertaken with the following groups:

 

·    Ipswich Youth Advisory Council (IYA)

·    Yuggara Ugarapul People (YUP)

·    Chamber of Commerce Ipswich

·    Chamber of Commerce Springfield

·    Office of the Small Business Commissioner

Consultation will be undertaken in a survey format via a closed Shape Your Ipswich webpage.  The survey will request input of respondent demographics, and will pose the following questions for response:

 

1.    For yes or no response - Do you agree that the policy needs to be updated to provide Council’s position on its approach to all aspects of regulation, not just how it responds to alleged unlawful activity/non-compliance?

1.1.      For free text response up to 500 characters – Please provide a brief reason as to why you chose this answer.

2.    For yes or no response – Do you agree that Council should take a risk-based approach because of all the benefits it will provide the community and council?

2.1.      For free text response up to 500 characters – Please provide a brief reason as to why you chose this answer.

The targeted community consultation for Step 1 of the Strategic Regulation Project is designed to lay the groundwork for a more informed, inclusive, and effective regulatory framework. Its primary aim is to engage key stakeholders early in the process to:

·      Build awareness and understanding of the Council’s proposed “risk-based” approach to regulation and enforcement.

·      Foster community and stakeholder support for this regulatory direction.

·      Gather early insights into stakeholder perspectives on what areas should be regulated and how local laws can better support business and compliance outcomes.

·      Shape the design and focus of the broader community consultation planned for Phase 3 of Step 3, ensuring it is responsive to stakeholder needs and expectations.

By proactively involving stakeholders at this early stage, the consultation seeks to enhance the legitimacy, transparency, and human rights compatibility of the Strategic Regulation Policy, while also informing the strategic direction of future engagement efforts.

 

This phase of consultation is not a mandatory requirement of policy making or in the making of local laws.  There are however some potential impacts associated with no undertaking this consultation including:

·    Reduced stakeholder legitimacy: Missed opportunity to build early trust and support for the Strategic Regulation Policy.

·    Less informed broader consultation: Phase 3 consultation may lack strategic focus and require more effort to educate stakeholders on the “risk-based” approach.

·    Missed opportunity to tailor engagement: Without early insights, the Council may miss the chance to refine messaging, consultation methods, or focus areas to better align with stakeholder expectations.

 

Noting it is not a mandatory requirement, if consultation was not to be undertaken it may reduce the timeline associated with this phase of the project allowing more timely progress to subsequent stage.  It should also be noted that further, more broad community consultation will still be undertaken for phase 3 ensuring community input is sought for the making of the local laws.

Step 3 (Local Laws), Phase 3 - Whole Community Consultation

The intent of the whole community consultation planned for Step 3 Phase 3 is to:

·    support council to demonstrate that it has complied with the requirement, inferred by s29(6) of the Local Government Act, for public consultation to occur before making any local laws (that are not interim or model local laws).

·    support streamlined conduct of whole community consultation, timed to occur at Phase 6 of Step 3, regarding the specific local laws that Council will eventually seek to make.

·    gauge community sentiment on Council’s current suite of local laws

·    invite feedback from the community regarding the subject matters that should be regulated by the local laws, and gauge community sentiment regarding how Council should regulate those subject matters (i.e. whether Council should apply a low or high risk approach to their regulation).

·    support drafting of a new suite of local laws by ensuring that the laws eventually proposed to be adopted are responsive to community sentiment.

At this point in time the Project Team is not positioned to detail the format of the whole of community consultation to be conducted at Phase 3 of Step 3.  The community engagement plan for this phase will be informed by the work planned to be carried out through earlier phases of the project.

Legal IMPLICATIONS

 

This report and its recommendations are consistent with the following legislative provisions:

Local Government Act 2009

policy implications

The three-step approach will have policy implications related to developing a new regulation policy and a new suite of laws. The specific implications will not be known until a later date.

RISK MANAGEMENT IMPLICATIONS

Captured broadly in the purpose of the report/background and/or attachments.

Financial/RESOURCE IMPLICATIONS

NIL known.

COMMUNITY and OTHER CONSULTATION

A workshop was undertaken with key senior management from across the organisation in March 2025. The outcome of this workshop was that the stakeholders were supportive of moving to a risk-based approach and could see the benefits that this would provide to the community and council.

A briefing was undertaken with Mayor and Councillors in April 2025. No comment was made that they agree/disagree.

Conclusion

This is a report providing further detail on the Strategic Regulation Project, specifically, phase 3 of step 1 (being the undertaking of targeted community consultation to inform the drafting of the Strategic Regulation Policy), and phase 3 of step 3 (being the undertaking of whole community consultation to inform the drafting of the local laws).  The report seeks to support Council to determine whether there is an ongoing requirement for conduct of targeted community consultation at phase 3 of step 1 of the Strategic Regulation Project.

HUMAN RIGHTS IMPLICATIONS

 

HUMAN RIGHTS IMPACTS

OTHER DECISION

 

 

(a)  What is the Act/Decision being made?

A.   That this report and its contents be noted.

B.   That the Regulatory Advisory Committee provides further advice to the Strategic Regulation Project Team regarding the ongoing requirement for conduct of targeted community consultation at Phase 3 of Step 1 of the Strategic Regulation Project.

(b) What human rights are affected?

Nil

(c)  How are the human rights limited?

N/A

(d) Is there a good reason for limiting the relevant rights? Is the limitation fair and reasonable?

N/A

(e)  Conclusion

The decision is consistent with human rights.

 

Attachments and Confidential Background Papers

 

1.

Strategic Regulation Project - Summary on a Page

 

Madeline Orwin

Senior Project Officer

I concur with the recommendations contained in this report.

Allison Ferres-MacDonald

Acting Manager, Legal and Governance (General Counsel)


 

I concur with the recommendations contained in this report.

Matt Smith

General Manager (Corporate Services)

 

“Together, we proudly enhance the quality of life for our community”

 


Finance and Governance Committee

Meeting Agenda

10 June

2025

Item 2 / Attachment 1.





 


Finance and Governance Committee

Meeting Agenda

10 June

2025

 

Doc ID No: A11578807

 

ITEM:            4

SUBJECT:      Procurement: Microsoft Enterprise Agreement

AUTHOR:      Category Specialist

DATE:           19 May 2025

 

Executive Summary

This is a report concerning the procurement and recommendation to negotiate and enter into a contractual arrangement with Data#3 Limited (Data#3) for the provision of Councils Microsoft enterprise agreement and Azure subscription services.

RECOMMENDATION

A.           That pursuant to Section 228 of the Local Government Regulation 2012 (Regulation), Council award Tender No. VP457734 for the provision of Microsoft enterprise agreement and Azure subscription services to Data#3 Limited (Supplier).

B.           That Council enter into a contractual arrangement with the Supplier at an approximate purchase price of $7,000,000 excluding GST over the entire term, being a term of three (3) years, with no options for extension.

C.           That pursuant to Section 257(1)(b) of the Local Government Act 2009, Council resolve to delegate to the Chief Executive Officer the power to take “contractual action” pursuant to section 238 of the Regulation, in order to implement Council’s decision.

RELATED PARTIES

Data#3 Limited (ABN 31 010 545 267)

There were conflicts of interest declared during the tender process, these are outlined in Confidential Attachment 1.

ifuture Theme

A Trusted and Leading Organisation

Purpose of Report/Background

Microsoft’s array of software is the most used software worldwide and is firmly embedded within Council. It is a requirement for staff to complete day-to-day activities with applications utilised such as Teams, SharePoint, Office, Outlook and Azure hosting services. The current agreement for the supply of these Microsoft services is due to expire 31 July 2025 and Council is required to enter into a new contractual arrangement for the continued supply of this software.

Council initially engaged directly with Microsoft with an individual agreement, however in 2016 after a government reseller arrangement became available for Council to leverage, Council engaged with Data#3 as their licencing partner. Leveraging this government arrangement allowed Council to take advantage of the buying power values these types of agreements offer.

During this partnership Data#3 have consistently shown commitment to providing Council with quality support, as well as working with Council to identify and action cost saving initiatives. This includes the reduction of Council's E5 licencing at the current Year 3 renewal, reducing the licence count and saving Council approximately $40,000.

Both Local Buy arrangement LB308 ICT Solutions, Products, Services and New Technologies and Whole of Government (WoG) Standing Offer Arrangement (SOA) ICTSS.2201 have been strategically assessed by the ICT and Procurement Branch’s and the most advantageous contracting method for Council will be the SOA ICTSS.2201. Council intends to engage directly with Data#3, under s235(f) of the Local Government Regulation, via this SOA. 

Council tested the market for the previous engagement in 2022 and Data#3 were selected as the recommended supplier. They continue to provide value for money, value adds and a partnership model that is beneficial to Council, and with the new offering will continue to do so and as such it would be impractical and disadvantageous to Council to source a new licencing partner.

Data#3 presented multiple offers which have been reviewed by the relevant officers and the most value for money option to Council has been selected as noted in Confidential Attachment 1.

Legal IMPLICATIONS

 

This report and its recommendations are consistent with the following legislative provisions:

Local Government Act 2009

Local Government Regulation 2012

policy implications

 

The matter of this report is consistent with the Procurement Policy. No other policies have been identified that would be impacted.

RISK MANAGEMENT IMPLICATIONS

Microsoft’s array of software is firmly embedded within Council. It is a requirement for staff to complete day-to-day activities with applications utilised such as Teams, SharePoint, Office, Outlook and Azure hosting services. The risk to Council if the recommendation within this report is not approved is that that Microsoft will remove Councils access to Microsoft products at the expiry of the existing contract (31 July 2025). As the products are all SaaS, this can be done remotely and instantaneously, effectively bringing Council to a halt. Therefore, it is necessary that a new contract be negotiated and entered into as soon as possible.

Financial/RESOURCE IMPLICATIONS

There are no new resourcing or budgeting implications as this is included in the ICT branch existing budget.

The total value of the contractual arrangement will be approximately $7,000,000 excluding GST over the entire term of the contract, being 3 years. There are no additional financial implications.

COMMUNITY and OTHER CONSULTATION

The Procurement Branch has consulted with the ICT Branch who support the recommendations within this report.

There was no community consultation undertaken during the preparation of this report or the procurement process.

Conclusion

It is recommended that Council enter into a contractual arrangement with Data#3 Limited for the Microsoft Enterprise Agreement and Azure Hosting Service. The software is a requirement for Councils day-to-day activities, the submission meets Councils requirements and represents value for money.

HUMAN RIGHTS IMPLICATIONS

.

HUMAN RIGHTS IMPACTS

OTHER DECISION

 

 

(a)  What is the Act/Decision being made?

Recommendation A and B state that Council enter into a contractual arrangement with Data#3 Limited for a term of 3 years for the provision of Microsoft EA Licences and Azure hosting services.

(b) What human rights are affected?

No human rights are affected by this decision. This is because the tenderer is a company (only individuals have human rights). Further, the subject matter of the contract will not impact on human rights of any third parties.

 

(c)  How are the human rights limited?

Not applicable

(d) Is there a good reason for limiting the relevant rights? Is the limitation fair and reasonable?

Not applicable

(e)  Conclusion

The decision is consistent with human rights.

 

Attachments and Confidential Background Papers

 

 

CONFIDENTIAL

1.

Recommendation to Award  

 

Katie McIntosh

Category Specialist

I concur with the recommendations contained in this report.

Shyanne Ward

ICT Category Manager

I concur with the recommendations contained in this report.

Tanya Houwen

Manager, Procurement

I concur with the recommendations contained in this report.

Angela Jackson

Chief Information Officer

I concur with the recommendations contained in this report.

Matt Smith

General Manager (Corporate Services)

 

“Together, we proudly enhance the quality of life for our community”

 


Finance and Governance Committee

Meeting Agenda

10 June

2025

 

Doc ID No: A11588131

 

ITEM:            5

SUBJECT:      2023-2024 Ipswich Arts Foundation Trust Financial Statements and Management Representation Letter

AUTHOR:      Principal Financial Accountant

DATE:           20 May 2025

 

Executive Summary

This is a report concerning Ipswich City Council’s controlled entity, Ipswich Arts Foundation Trust’s 2023-2024 annual financial statements.

Recommendation/s

A.           That the 2023-2024 Ipswich Arts Foundation Trust annual financial statements as detailed in Attachment 1 be received and the contents noted.

B.           That the 2023-2024 Ipswich Arts Foundation Trust management representation letter as detailed in Attachment 2 be received and the contents noted.

RELATED PARTIES

Ipswich Arts Foundation Trust considered the Ipswich City Council for the purpose of related party disclosures.

ifuture Theme

A Trusted and Leading Organisation

Purpose of Report/Background

The 2023-2024 annual financial statements for the Ipswich Arts Foundation Trust (IAFT) are presented for noting by the Council.  The annual financial statements for IAFT have been prepared and developed with the support and supervision of council’s Finance Branch and have been audited by the Queensland Audit Office (QAO). The Auditor’s Independence Declaration is included in the attached annul financial statements. The director of the Trustee of IAFT has signed the annual financial statements. These annual financial statements are presented for completeness as well as for the information of council and the community. Refer to Attachment 1.

Section 213 (b) of the Local Government Regulation 2012 states “Presentation of auditor-general’s observation report

(1)     This section applies if the auditor-general gives the mayor of a local government a copy of the auditor-general’s observation report about an audit of the local government’s financial statements.

(2)     An auditor-general’s observation report, about an audit of a local government’s financial statements, is a report about the audit prepared under section 54 of the Auditor-General Act 2009 that includes observations and suggestions made by the auditor-general about anything arising out of the audit.

(3)     The mayor must present a copy of the report at the next ordinary meeting of the local government

 

QAO has completed the final audit of IAFT for the 2023-2024 financial year. This final audit included the assessment of the design and implementation of internal controls relevant to the financial report, and whether they are operating effectively. The management report confirms there was no identified significant issues since the presentation of the closing report. Refer to Attachment 2.

Legal IMPLICATIONS

 

This report and its recommendations are consistent with the following legislative provisions:

Local Government Act 2009

Local Government Regulation 2012

Australian Accounting Standards

policy implications

There are no policy implications related to this report and the attached financial statements are provided for information only.

RISK MANAGEMENT IMPLICATIONS

There are no risk implications related to this report and the attached financial statements are provided for information only.

Financial/RESOURCE IMPLICATIONS

There is no financial or resource implications related to this report.

COMMUNITY and OTHER CONSULTATION

Community consultation has not been undertaken in relation to this report.  Whilst its content will be of interest to the community, it is matter of statutory financial reporting for relevant controlled entities.

Conclusion

The 2023-2024 annual financial statements and management representation letter for the controlled entities listed in this report be noted.

 

HUMAN RIGHTS IMPLICATIONS

 

HUMAN RIGHTS IMPACTS

RECEIVE AND NOTE REPORT

 

The Recommendation states that the report be received and the contents noted. The decision to receive and note the report does not limit human rights. Therefore, the decision is compatible with human rights.

 

 

Attachments and Confidential Background Papers

 

1.

2024 Ipswich Arts Foundation Trust - Annual Financial Statement

2.

2024 Ipswich Arts Foundation Trust - Final management letter

 

Barbara Watson

Principal Financial Accountant

I concur with the recommendations contained in this report.

Christina Binoya

Acting Chief Financial Officer

I concur with the recommendations contained in this report.

Matt Smith

General Manager (Corporate Services)

 

“Together, we proudly enhance the quality of life for our community”

 


Finance and Governance Committee

Meeting Agenda

10 June

2025

Item 5 / Attachment 1.














 


Finance and Governance Committee

Meeting Agenda

10 June

2025

Item 5 / Attachment 2.



 


Finance and Governance Committee

Meeting Agenda

10 June

2025

 

Doc ID No: A11399726

 

ITEM:            6

SUBJECT:      Lease Renewal over Freehold Land at 102 Champions Way, Willowbank

AUTHOR:      Senior Property Officer (Tenure)

DATE:           27 March 2025

Executive Summary

This is a report concerning the proposed lease renewal over freehold land located at
102 Champions Way, Willowbank, described as part of Lot 1 on SP308694 (the Land), between Ipswich City Council (Council) and Amplitel Pty Ltd (Amplitel).

RECOMMENDATION

A.           That pursuant to section 236(2) of the Local Government Regulation 2012 (Regulation), Council resolve that the exception at section 236(1)(c)(vi) of the Regulation applies to the disposal of interest in land at 102 Champions Way, Willowbank more particularly described as Lease TC and Lease TD over Lot 1 and Plan SP308694 , because it is for two leases for telecommunication towers.

B.           That Council enter into two leases (TC and TD) (Council reference number 6335) with Amplitel Pty Ltd (Lessee):

(i)      at a commencing annual rent of $26,500 per lease area, excluding GST, payable to Council; and

(ii)     for a term of ten (10) years, with no options for extension.

C.           That pursuant to Section 257(1)(b) of the Local Government Act 2009, Council resolve to delegate to the Chief Executive Officer the power to take “contractual action” pursuant to section 238 of the Regulation, in order to implement Council’s decision.

RELATED PARTIES

Amplitel Pty Ltd

·    There was no declaration of conflicts of interest

ifuture Theme

A Trusted and Leading Organisation

Purpose of Report/Background

Amplitel is Australia's leading provider of mobile tower infrastructure. Established in 2021 as an independent entity following Telstra's divestment of a 49% non-controlling stake in its towers business, Amplitel now manages a portfolio exceeding 8,000 towers, masts, and related structures nationwide. These assets support wireless communication for mobile network operators, government bodies, and private organizations.

The company employs advanced technologies, including Digital Twin and AI-driven analytics, to enhance infrastructure efficiency and connectivity solutions. While Telstra retains a 51% ownership stake, Amplitel operates independently to deliver state-of-the-art infrastructure that meets the growing demands of Australia's wireless communications sector.

Amplitel Pty Ltd has submitted a proposal to renew its lease over the subject land. Under Section 236(1)(c)(vi) of the Local Government Regulation 2012, an exception exists to the requirement for leasehold interest in land to be disposed of through tender or auction. This exception applies specifically to leases for telecommunication towers. However, Council is required to resolve whether this exception applies to the proposed lease renewal. Additionally, the Council may only approve the disposal if the consideration is equal to or exceeds the market value of the leasehold interest in the land.

To determine an appropriate rental value, Council obtained a written rental assessment from an independent registered Valuer. Through negotiations with Amplitel, Property Services established standard terms and conditions for telecommunications leases, agreeing on a commencing annual rent of $26,500 per lease area (excluding GST) for the land. Property Services has determined that the agreed rent, along with the proposed indexation rate, reflects current market conditions.

It is noted that the indexation rate has been a point of contention in negotiations with various telecommunications providers at similar sites across the local government area. This matter continues to require careful management to ensure fair and consistent outcomes.

 

Lease Terms

Existing

Proposed

Period:

10 Years

10 Years

Commencement Date:

01/07/2017

01/07/2027

Expiry Date:

30/06/2027

30/06/2037

Options:

Nil

Nil

Commencing Rent:

$22,500 (excluding GST) for both lease areas

$26,500 (excluding GST) per lease area

Existing Rent:

$31,659 (excluding GST)

-

Annual Increase:

5%

3%

Permitted Use:

Telecommunications Purposes

Telecommunication Purposes

 

Legal IMPLICATIONS

 

This report and its recommendations are consistent with the following legislative provisions:

Land Title Act 1994

Local Government Act 2009

Local Government Regulation 2012

policy implications

 

The lease terms proposed align with the Council’s approved Tenure for Telecommunications Infrastructure policy (the ‘Policy’). Options have not been included, as a lease term exceeding 10 years, including renewal options, over a portion of land would require a reconfiguration of the lot.

RISK MANAGEMENT IMPLICATIONS

 

Risks Associated with Issuing a Lease to Amplitel:

1.   Operational Risks:

Disruption to Council operations or nearby land use due to maintenance or infrastructure upgrades.

Long-term commitments may limit flexibility in land use planning.

Risks of Alternative Recommendations:

1.   Complex Negotiations:

Alternative recommendations may require extensive negotiations, leading to prolonged uncertainty and administrative burden.

2.   Missed Opportunities:

Rejecting Amplitel's proposal in favour of alternatives may result in missed opportunities for rental income and infrastructure improvements.

Risks of Not Approving the Lease to Amplitel:

1.   Loss of Connectivity:

Failure to approve the lease may hinder telecommunications infrastructure development, affecting local connectivity and services.

2.   Legal Challenges:

Amplitel may pursue legal action under the Telecommunications Act 1997 (Cth), which grants carriers certain rights to access land for infrastructure purposes.

3.   Financial Implications:

Loss of potential rental income from the lease agreement.

Costs associated with managing disputes or alternative arrangements.

4.   Reputational Risks:

Negative perception of the Council's decision, particularly if it is seen as obstructing infrastructure development.

Financial/RESOURCE IMPLICATIONS

There are no financial implications for Council, as the telecommunications provider assumes responsibility for all wear and tear, renewal, upgrades, maintenance, and operating expenses associated with the telecommunications tower and its ancillary equipment.

COMMUNITY and OTHER CONSULTATION

 

The following internal branches have been consulted and provided the below responses;

 

(a)   Property Services completed property due diligence

a.    Various searches and assessments were completed to ensure comprehensive understanding of the land and its constraints

b.    The land contains identified cultural heritage site points, including artefacts of significance, see attached Cultural Heritage Report.

i. The identified artefact scatter is located away from the two locations of the existing telecommunications towers.

 

(b)  Development Planning Branch were consulted and agree with the proposal in this report.

a.    There are no concerns regarding the lease renewal.

 

(c)    City Design Branch was consulted.

a.    No comment, no change to the existing use or involving additional works.

 

(d)  Sport and Recreation was consulted. No response received.

 

(e)   Infrastructure Strategy were consulted.

a.    No comment, as its not included in the trunk open space portfolio.

 

(f)   Asset Management was consulted and agree with the proposal in this report.

 

(g)   Works and Field Services was consulted. No response received.

 

(h)  Environment and Sustainability was consulted and agree with the proposal in this report with the following comments.

a.    Implement best-practice management of drainage and soil to prevent erosion, including tunnel erosion, and remediate any erosion caused by infrastructure, fencing, or access.

Conclusion

It is recommended that Council apply the exception under the Local Government Regulation 2012 to proceed with a lease agreement for a telecommunications tower without undertaking a tender or auction process. The lease renewal between Council and Amplitel for a portion of 102 Champions Way, Willowbank, will clearly define the respective liabilities and responsibilities of both parties.

HUMAN RIGHTS IMPLICATIONS

 

HUMAN RIGHTS IMPACTS

OTHER DECISION

 

 

(a)  What is the Act/Decision being made?

Recommendation A outlines Council will apply an exemption to dispose of a leasehold interest for the purpose of a telecommunications tower.

Recommendation B outlines the terms that Council is applying to the disposal of leasehold interest.

Recommendation C is a process under the requirements of the Local Government Act 2009.

 

(b) What human rights are affected?

There is no potential to affect human rights in the proposed decision as the disposal is to a company and not a person.

(c)  How are the human rights limited?

Not Applicable

(d) Is there a good reason for limiting the relevant rights? Is the limitation fair and reasonable?

Not Applicable

 

(e)  Conclusion

The decision is consistent with human rights.

 

Attachments and Confidential Background Papers

 

1.

Lease Plan

2.

Property Plan

3.

Title Search

 

 

 

CONFIDENTIAL

4.

Confidential Report  

5.

Valuation Report  

 


 

Kerry Perrett

Senior Property Officer (Tenure)

I concur with the recommendations contained in this report.

Alicia Rieck

Property Services Manager

I concur with the recommendations contained in this report.

Allison Ferres-MacDonald

Acting Manager, Legal and Governance (General Counsel)

I concur with the recommendations contained in this report.

Matt Smith

General Manager (Corporate Services)

 

“Together, we proudly enhance the quality of life for our community”

 


Finance and Governance Committee

Meeting Agenda

10 June

2025

Item 6 / Attachment 1.



Finance and Governance Committee

Meeting Agenda

10 June

2025

Item 6 / Attachment 2.


 


Finance and Governance Committee

Meeting Agenda

10 June

2025

Item 6 / Attachment 3.


 


Finance and Governance Committee

Meeting Agenda

10 June

2025

 

Doc ID No: A11410252

 

ITEM:            7

SUBJECT:      Lease Renewal over Freehold Land at 20-32 Cairns Street, Collingwood Park

AUTHOR:      Senior Property Officer (Tenure)

DATE:           28 March 2025

Executive Summary

This is a report concerning the proposed lease renewal over freehold land located at
20-32 Cairns Street, Collingwood Park, described as part of Lot 901 on SP264807 (the Land), between Ipswich City Council (Council) and Amplitel Pty Ltd (Amplitel).

RECOMMENDATION

A.           That pursuant to section 236(2) of the Local Government Regulation 2012 (Regulation), Council resolve that the exception at section 236(1)(c)(vi) of the Regulation applies to the disposal of interest in land at 20-32 Cairns Street, Collingwood Park more particularly described as part of Lot 901 on SP264807, because it is for a lease for telecommunication towers.

B.           That Council enter into a lease (Council reference number 6334) with Amplitel Pty Ltd (Lessee):

(i)      at a commencing annual rent of $26,500 excluding GST, payable to Council; and

(ii)     for a term of ten (10) years, with no options for extension.

C.           That pursuant to Section 257(1)(b) of the Local Government Act 2009, Council resolve to delegate to the Chief Executive Officer the power to take “contractual action” pursuant to section 238 of the Regulation, in order to implement Council’s decision.

RELATED PARTIES

Amplitel Pty Ltd

·    There was no declaration of conflicts of interest

ifuture Theme

A Trusted and Leading Organisation

Purpose of Report/Background

Amplitel is Australia's leading provider of mobile tower infrastructure. Established in 2021 as an independent entity following Telstra's divestment of a 49% non-controlling stake in its towers business, Amplitel now manages a portfolio exceeding 8,000 towers, masts, and related structures nationwide. These assets support wireless communication for mobile network operators, government bodies, and private organizations.

The company employs advanced technologies, including Digital Twin and AI-driven analytics, to enhance infrastructure efficiency and connectivity solutions. While Telstra retains a 51% ownership stake, Amplitel operates independently to deliver state-of-the-art infrastructure that meets the growing demands of Australia's wireless communications sector.

Amplitel Pty Ltd has submitted a proposal to renew its lease over the subject land. Under Section 236(1)(c)(vi) of the Local Government Regulation 2012, an exception exists to the requirement for leasehold interest in land to be disposed of through tender or auction. This exception applies specifically to leases for telecommunication towers. However, Council is required to resolve whether this exception applies to the proposed lease renewal. Additionally, the Council may only approve the disposal if the consideration is equal to or exceeds the market value of the leasehold interest in the land.

To determine an appropriate rental value, Council obtained a written rental assessment from an independent registered Valuer. Through negotiations with Amplitel, Property Services established standard terms and conditions for telecommunications leases, agreeing on a commencing annual rent of $26,500 (excluding GST) for the land. Property Services has determined that the agreed rent, along with the proposed indexation rate, reflects current market conditions.

It is noted that the indexation rate has been a point of contention in negotiations with various telecommunications providers at similar sites across the local government area. This matter continues to require careful management to ensure fair and consistent outcomes.

 

Lease Terms

Existing

Proposed

Period:

10 Years

10 Years

Commencement Date:

01/04/2017

01/04/2027

Expiry Date:

31/03/2027

31/03/2037

Options:

Nil

Nil

Commencing Rent:

$22,500 (excluding GST)

$26,500 (excluding GST)

Existing Rent:

$33,242.75 (excluding GST)

-

Annual Increase:

5%

3%

Permitted Use:

Telecommunications Purposes

Telecommunications Purposes

 

Legal IMPLICATIONS

 

This report and its recommendations are consistent with the following legislative provisions:

Land Title Act 1994

Local Government Act 2009

Local Government Regulation 2012

policy implications

 

The lease terms proposed align with the Council’s approved Tenure for Telecommunications Infrastructure policy (the ‘Policy’). Options have not been included, as a lease term exceeding 10 years, including renewal options, over a portion of land would require a reconfiguration of the lot.

RISK MANAGEMENT IMPLICATIONS

 

Risks Associated with Issuing a Lease to Amplitel:

1.   Operational Risks:

Disruption to Council operations or nearby land use due to maintenance or infrastructure upgrades.

Long-term commitments may limit flexibility in land use planning.

Risks of Alternative Recommendations:

1.   Complex Negotiations:

Alternative recommendations may require extensive negotiations, leading to prolonged uncertainty and administrative burden.

2.   Missed Opportunities:

Rejecting Amplitel's proposal in favour of alternatives may result in missed opportunities for rental income and infrastructure improvements.

Risks of Not Approving the Lease to Amplitel:

1.   Loss of Connectivity:

Failure to approve the lease may hinder telecommunications infrastructure development, affecting local connectivity and services.

2.   Legal Challenges:

Amplitel may pursue legal action under the Telecommunications Act 1997 (Cth), which grants carriers certain rights to access land for infrastructure purposes.

3.   Financial Implications:

Loss of potential rental income from the lease agreement.

Costs associated with managing disputes or alternative arrangements.

4.   Reputational Risks:

Negative perception of the Council's decision, particularly if it is seen as obstructing infrastructure development.

Financial/RESOURCE IMPLICATIONS

There are no financial implications for Council, as the telecommunications provider assumes responsibility for all wear and tear, renewal, upgrades, maintenance, and operating expenses associated with the telecommunications tower and its ancillary equipment.

COMMUNITY and OTHER CONSULTATION

The following internal branches have been consulted and provided the below responses;

 

(a)   Property Services completed property due diligence

a.    Various searches and assessments were completed to ensure comprehensive understanding of the land and its constraints

b.    The land contains two (2) easements for drainage purposes

c.    The land contains five (5) vegetation notices under the Vegetation Management Act 1999 pertaining to development approvals for vegetation clearing and the Property Map of Assessable Vegetation

 

(b)  Development Planning Branch were consulted and agree with the proposal in this report.

a.    There are no concerns regarding the lease renewal.

 

(c)   City Design Branch was consulted and agree with the proposal in this report.

a.     The site benefits from an approval (2871/2015/MCU) for the Telecommunications Tower.

b.     The site is anticipated to be zoned Conservation under the new Ipswich City Plan 2025.

c.      The continuation of the use is protected by section 260 of the Planning Act 2016.

 

(d)  Sport and Recreation was consulted and agree with the proposal in this report.

a.    There are no concerns or expected impacts.

 

(e)   Infrastructure Strategy were consulted.

a.    No comments on trunk open space, as location and access were resolved at the development approval.

 

(f)   Asset Management was consulted and agree with the proposal in this report.

 

(g)   Works and Field Services was consulted. No response received.

Conclusion

It is recommended that Council apply the exception under the Local Government Regulation 2012 It is recommended that Council apply the exception under the Local Government Regulation 2012 to proceed with a lease agreement for a telecommunications tower without undertaking a tender or auction process. The lease renewal between Council and Amplitel for a portion of 20-32 Cairns Street, Collingwood Park, will clearly define the respective liabilities and responsibilities of both parties.

HUMAN RIGHTS IMPLICATIONS

 

HUMAN RIGHTS IMPACTS

OTHER DECISION

 

 

(a)  What is the Act/Decision being made?

Recommendation A outlines Council will apply an exemption to dispose of a leasehold interest for the purposes of a telecommunication tower.

Recommendation B outlines the terms that Council is applying to the disposal of leasehold interest.

Recommendation C is a process under the requirements of the Local Government Act 2009.

 

(b) What human rights are affected?

There is no potential to affect human rights in the proposed decision as the disposal is to a company and not a person.

(c)  How are the human rights limited?

Not Applicable

(d) Is there a good reason for limiting the relevant rights? Is the limitation fair and reasonable?

Not Applicable

 

(e)  Conclusion

The decision is consistent with human rights.

 

Attachments and Confidential Background Papers

 

1.

Lease Plan

2.

Property Plan

3.

Title Search

 

 

 

CONFIDENTIAL

4.

Confidential Report  

5.

Valuation Report  

 

Kerry Perrett

Senior Property Officer (Tenure)

I concur with the recommendations contained in this report.

Alicia Rieck

Property Services Manager

I concur with the recommendations contained in this report.

Allison Ferres-MacDonald

Acting Manager, Legal and Governance (General Counsel)

I concur with the recommendations contained in this report.

Matt Smith

General Manager (Corporate Services)

 

“Together, we proudly enhance the quality of life for our community”

 


Finance and Governance Committee

Meeting Agenda

10 June

2025

Item 7 / Attachment 1.


 


Finance and Governance Committee

Meeting Agenda

10 June

2025

Item 7 / Attachment 2.


 


Finance and Governance Committee

Meeting Agenda

10 June

2025

Item 7 / Attachment 3.


 


Finance and Governance Committee

Meeting Agenda

10 June

2025

 

Doc ID No: A11410379

 

ITEM:            8

SUBJECT:      Lease Renewal over Freehold Land at 11 Thornton Street, Raceview

AUTHOR:      Senior Property Officer (Tenure)

DATE:           28 March 2025

Executive Summary

This is a report concerning the proposed lease renewal over freehold land located at 11 Thornton Street, Raceview, described as part of Lot 1 on RP215738 (the Land), between Ipswich City Council (Council) and Amplitel Pty Ltd (Amplitel).

RECOMMENDATION

A.           That pursuant to section 236(2) of the Local Government Regulation 2012 (Regulation), Council resolve that the exception at section 236(1)(c)(vi) of the Regulation applies to the disposal of interest in land at 11 Thornton Street, Raceview more particularly described as part of Lot 1 on RP215738, because it is for a lease for telecommunication towers.

B.           That Council enter into a lease (Council reference number 6333) with Amplitel Pty Ltd (Lessee):

(i)    at a commencing annual rent of $26,500 excluding GST, payable to Council; and

(ii)   for a term of ten (10) years, with no options for extension.

C.           That pursuant to Section 257(1)(b) of the Local Government Act 2009, Council resolve to delegate to the Chief Executive Officer the power to take “contractual action” pursuant to section 238 of the Regulation, in order to implement Council’s decision.

RELATED PARTIES

·    Amplitel Pty Ltd

·    There was no declaration of conflicts of interest

ifuture Theme

A Trusted and Leading Organisation

Purpose of Report/Background

Amplitel is Australia's leading provider of mobile tower infrastructure. Established in 2021 as an independent entity following Telstra's divestment of a 49% non-controlling stake in its towers business, Amplitel now manages a portfolio exceeding 8,000 towers, masts, and related structures nationwide. These assets support wireless communication for mobile network operators, government bodies, and private organizations.

The company employs advanced technologies, including Digital Twin and AI-driven analytics, to enhance infrastructure efficiency and connectivity solutions. While Telstra retains a 51% ownership stake, Amplitel operates independently to deliver state-of-the-art infrastructure that meets the growing demands of Australia's wireless communications sector.

Amplitel Pty Ltd has submitted a proposal to renew its lease over the subject land. Under Section 236(1)(c)(vi) of the Local Government Regulation 2012, an exception exists to the requirement for leasehold interest in land to be disposed of through tender or auction. This exception applies specifically to leases for telecommunication towers. However, Council is required to resolve whether this exception applies to the proposed lease renewal. Additionally, the Council may only approve the disposal if the consideration is equal to or exceeds the market value of the leasehold interest in the land.

To determine an appropriate rental value, Council obtained a written rental assessment from an independent registered Valuer. Through negotiations with Amplitel, Property Services established standard terms and conditions for telecommunications leases, agreeing on a commencing annual rent of $26,500 (excluding GST) for the land. Property Services has determined that the agreed rent, along with the proposed indexation rate, reflects current market conditions.

It is noted that the indexation rate has been a point of contention in negotiations with various telecommunications providers at similar sites across the local government area. This matter continues to require careful management to ensure fair and consistent outcomes.

 

Lease Terms

Existing

Proposed

Period:

10 Years

10 Years

Commencement Date:

01/04/2017

01/04/2027

Expiry Date:

31/03/2027

31/03/2037

Options:

Nil

Nil

Commencing Rent:

$22,500 (excluding GST)

$26,500 (excluding GST)

Existing Rent:

$28,501 (excluding GST)

-

Annual Increase:

3%

3%

Permitted Use:

Telecommunications Purposes

Telecommunications Purposes

Legal IMPLICATIONS

 

This report and its recommendations are consistent with the following legislative provisions:

Land Title Act 1994

Local Government Act 2009

Local Government Regulation 2012

policy implications

 

The lease terms proposed align with the Council’s approved Tenure for Telecommunications Infrastructure policy (the ‘Policy’). Options have not been included, as a lease term exceeding 10 years, including renewal options, over a portion of land would require a reconfiguration of the lot.

RISK MANAGEMENT IMPLICATIONS

 

Risks Associated with Issuing a Lease to Amplitel:

1.   Operational Risks:

Disruption to Council operations or nearby land use due to maintenance or infrastructure upgrades.

Long-term commitments may limit flexibility in land use planning.

Risks of Alternative Recommendations:

1.   Complex Negotiations:

Alternative recommendations may require extensive negotiations, leading to prolonged uncertainty and administrative burden.

2.   Missed Opportunities:

Rejecting Amplitel's proposal in favour of alternatives may result in missed opportunities for rental income and infrastructure improvements.

Risks of Not Approving the Lease to Amplitel:

1.   Loss of Connectivity:

Failure to approve the lease may hinder telecommunications infrastructure development, affecting local connectivity and services.

2.   Legal Challenges:

Amplitel may pursue legal action under the Telecommunications Act 1997 (Cth), which grants carriers certain rights to access land for infrastructure purposes.

3.   Financial Implications:

Loss of potential rental income from the lease agreement.

Costs associated with managing disputes or alternative arrangements.

4.   Reputational Risks:

Negative perception of the Council's decision, particularly if it is seen as obstructing infrastructure development.

Financial/RESOURCE IMPLICATIONS

There are no financial implications for Council, as the telecommunications provider assumes responsibility for all wear and tear, renewal, upgrades, maintenance, and operating expenses associated with the telecommunications tower and its ancillary equipment.

COMMUNITY and OTHER CONSULTATION

 

The following internal branches have been consulted and provided the below responses;

 

(a)   Property Services completed property due diligence

a.    Various searches and assessments were completed to ensure comprehensive understanding of the land and its constraints

b.    The land contains one (1) easement for sewerage purpose

 

(b)  Development Planning Branch were consulted and agree with the proposal in this report.

a.    There are no concerns regarding the lease renewal.

 

(c)   City Design Branch were consulted and agree with the proposal in this report.

a.    The site's proposed zoning as Special Purpose – Public Utilities under the Ipswich City Plan 2025 aligns with the tower’s ongoing use, which remains lawful under s260 of the Planning Act 2016.

 

(d)  Sport and Recreation was consulted and agree with the proposal in this report.

a.    There are no concerns or expected impacts.

 

(e)   Infrastructure Strategy were consulted on this report.

a.    No comments from the trunk open space standpoint, as it is not within the Infrastructure Strategies portfolio

 

(f)   Asset Management was consulted and agree with the proposal in this report.

 

(g)   Works and Field Services was consulted.

a.    No response received.

Conclusion

It is recommended that Council apply the exception under the Local Government Regulation 2012 to proceed with a lease agreement for a telecommunications tower without undertaking a tender or auction process. The lease renewal between Council and Amplitel for a portion of 11 Thornton Street, Raceview, will clearly define the respective liabilities and responsibilities of both parties.

HUMAN RIGHTS IMPLICATIONS

 

HUMAN RIGHTS IMPACTS

OTHER DECISION

 

 

(a)  What is the Act/Decision being made?

Recommendation A outlines Council will apply an exemption to dispose of a leasehold interest for the purposes of a telecommunication tower.

Recommendation B outlines the terms that Council is applying to the disposal of leasehold interest.

Recommendation C is a process under the requirements of the Local Government Act 2009.

 

(b) What human rights are affected?

There is no potential to affect human rights in the proposed decision as the disposal is to a company and not a person.

(c)  How are the human rights limited?

Not Applicable

(d) Is there a good reason for limiting the relevant rights? Is the limitation fair and reasonable?

Not Applicable

 

(e)  Conclusion

The decision is consistent with human rights.

 

Attachments and Confidential Background Papers

 

1.

Lease Plan

2.

Property Plan

3.

Title Search

 

 

 

CONFIDENTIAL

4.

Confidential Report  

5.

Valuation Report  

 

Kerry Perrett

Senior Property Officer (Tenure)

I concur with the recommendations contained in this report.

Alicia Rieck

Property Services Manager

I concur with the recommendations contained in this report.

Allison Ferres-MacDonald

Acting Manager, Legal and Governance (General Counsel)

I concur with the recommendations contained in this report.

Matt Smith

General Manager (Corporate Services)

 

“Together, we proudly enhance the quality of life for our community”

 


Finance and Governance Committee

Meeting Agenda

10 June

2025

Item 8 / Attachment 1.


 


Finance and Governance Committee

Meeting Agenda

10 June

2025

Item 8 / Attachment 2.


 


Finance and Governance Committee

Meeting Agenda

10 June

2025

Item 8 / Attachment 3.


Finance and Governance Committee

Meeting Agenda

10 June

2025

 

Doc ID No: A11485759

 

ITEM:            9

SUBJECT:      Lease and Contract Renewal for the Management and Operation of the Cafe/Lagoon at Robelle Domain, 155 Southern Cross Circuit, Springfield Central

AUTHOR:      Senior Property Officer (Tenure)

DATE:           15 April 2025

Executive Summary

This is a report concerning the proposed renewal of the management and operation of the Café and Orion Lagoon at Robelle Domain over freehold land located at 155 Southern Cross Circuit, Springfield Central, described as part of Lot 760 on SP204985 and Lot 762 on SP221160 (the Land), between Ipswich City Council (Council) and Australian Crawl Springfield Pty Ltd (ACS).

RECOMMENDATION

A.           That pursuant to section 236(2) of the Local Government Regulation 2012 (Regulation), Council resolve that the exception at section 236(1)(c)(iii) of the Regulation applies to the disposal of interest in land at 155 Southern Cross Circuit, Springfield Central more particularly described as part of Lot 760 and Plan SP204985 and Lot 762 and Plan SP221160, for café purposes, because it is for renewal of a lease to the existing lessee.

B.           That Council renew the lease (Council file reference number 6363 with Australian Crawl Springfield Pty Ltd (Lessee):

(i)    at a commencing annual rent of $18,565 excluding GST, payable to Council, and

(ii)   for an initial term of two (2) years, with no options for extension.

C.           That Council vary the existing Contractual Arrangement (contract 14-15-108) with Australian Crawl Springfield Pty Ltd to Manage the Orion Lagoon including Lifeguards, Pool Operators and Security Guards in accordance with S226 of the Local Government Regulations 2012;

 

(i)    To extend for a further term of two (2) years, with no options for extension.

D.           That pursuant to Section 257(1)(b) of the Local Government Act 2009, Council resolve to delegate to the Chief Executive Officer the power to take “contractual action” pursuant to section 238 of the Regulation, in order to implement Council’s decision.

 

RELATED PARTIES

·    Australian Crawl Springfield Pty Ltd

·    There was no declaration of conflicts of interest

ifuture Theme

A Trusted and Leading Organisation

Purpose of Report/Background

Orion Lagoon is a well-established aquatic facility featuring interconnected pools designed to accommodate various age groups with shaded areas, picnic spaces, and an on-site café. The facility operates under seasonal hours, with lifeguard supervision and stringent safety regulations in place. Robelle Domain has undergone significant development, guided by a master plan aimed at integrating green spaces within the urban landscape.

ACS has successfully managed and operated both the café and the lagoon since the facility's opening in 2015, following a competitive tender process in which they were the successful applicant.  

The current contract for the operation and management of Orion Lagoon, along with the lease of the café, is set to expire on 4 September 2025. It is recommended that the existing lessee, ACS, be offered a further two-year lease and contract extension while a tender process is undertaken for separable portions related to management and operation, including lifeguard services, pool operations, security services, and the café lease.

Should Council proceed with initiating the tender process for the management and operation of the café and lagoon in the coming months, and the ACS is unsuccessful, this will allow them sufficient time to make arrangements for their existing workforce of over 80 employees.

Legal IMPLICATIONS

 

This report and its recommendations are consistent with the following legislative provisions:

Local Government Act 2009

Local Government Regulation 2012

Land Act 1994

policy implications

 

The lease terms proposed align with the Council’s approved Tenure over Council Property policy (the ‘Policy’).


 

RISK MANAGEMENT IMPLICATIONS

Risks of Alternative Recommendations

·      Disruption to Current Operations – Transitioning management immediately could create service gaps, impacting visitor experience.

·      Limited Preparation Time for Tender – Rushed tendering may result in fewer applicants or incomplete evaluations of alternative operators.

·      Stakeholder Concerns – ACS, having operated since 2015, may contest an abrupt transition, leading to potential reputational or legal disputes.

Risks of Not Approving the Two-Year Term

·      Uncertain Operational Stability – Without an interim solution, Council may need to manage operations directly, requiring additional resources.

·      Potential Service Disruptions – Delays in appointing a new operator could affect safety, facility maintenance, and visitor experience.

·      Loss of Established Community Engagement – ACS has a history with the lagoon and café, and an abrupt end may impact public perception of Council’s decision-making.

Financial/RESOURCE IMPLICATIONS

The tender will be developed around the adopted operational parameters for the four (4) services required.

Operational Parameters

Service

Period

Hours

Lagoon Open

1 September– 31 March

Summer

5am – 9pm

1 April – 31 August

Winter

7am – 5pm

Lifeguards

1 September – 31 March

5am – 9 pm

1 April – 31 August

7am – 5pm

Operators and maintenance for Lagoon area and Splash Park (Zero Depth Water Play Area)

Daily as required for water quality, cleanness & plant room (not limited to)

As negotiated

Security

1 January – 31 December

24 hours a day 7 days per week

Kiosk

1 October – 30 April

8am – 6pm

1 May – 30 September

9am – 4pm

It is projected that a budget of $1.461 million will be necessary to ensure the efficient management and operation of the Orion Lagoon over the course of a full fiscal year. The estimated annual operational expenses, determined in accordance with the established parameters, are outlined below.

Annual Operation Expenses

Service

Lifeguards

Operators

Security

Overheads

Total Costs

Months of Operation

12 months per year

12 months per year

12 months per year

 

 

Staffed Hours

Summer 16 hours/Winter 8 hours

Summer 16 hours/Winter 8 hours

24 hours per day

 

 

Staff Per Day

Summer up to 6/Winter up to 4

1 every day

Summer/Winter 1 every day, increase during weekends/ public holidays

 

 

Cost Per Year

$1,350,000

$360,000

$500,000

$200,000

$2,210,000

*figures are estimated as subject to CPI & Fair Work increases unknown

 

COMMUNITY and OTHER CONSULTATION

The following internal branches have been consulted with and provided the below responses;

(a)  Property Services completed property due diligence

a.   Various searches and assessments were completed to ensure comprehensive understanding of the land and its constraints.

b.   Lot 760 contains fourteen (14) easements;

i.   Thirteen (13) easements for access

ii.  One (1) easement for underground electricity 

c.   Lot 762 contains twenty two (22) easements;

i.   Seven (7) easements for drainage

ii.  Seven (7) easements for access

iii. Six (6) easements for drainage and access

iv. Two (2) easement for electricity supply and incidental works

 

(b) Works and Field Services were consulted and agree with the proposal in this report.

 

(c)  Procurement were consulted and agree with the proposal in this report.

Conclusion

It is recommended that Council apply the exception under the Local Government Regulation 2012 to proceed with the renewal of a lease agreement and contract for the management and operation of the café and Orion Lagoon to ACS for a further 2 years to facilitate a tender process.

HUMAN RIGHTS IMPLICATIONS

 

HUMAN RIGHTS IMPACTS

OTHER DECISION

 

 

(a)  What is the Act/Decision being made?

Recommendation A outlines Council will apply an exemption to

dispose of a leasehold interest for the purposes of a Café.

Recommendation B identifies the lessee and terms to renew the lease.

Recommendation C outlines the Contract for the Lagoon.

Recommendation D delegates negotiation of the Lease and Contract to the CEO.

 

(b) What human rights are affected?

Protection from torture and cruel, inhuman or degrading

treatment (section 17)

Freedom of movement (section 19)

Freedom of expression (section 21)

Peaceful assembly and freedom of association (section 22)

Privacy and reputation (section 25)

 

(c)  How are the human rights limited?

The proposed decision to enter the lease will potentially interfere

to restrict with the rights identified above because the lessee will

have the power to eject persons in particular circumstances.

 

(d) Is there a good reason for limiting the relevant rights? Is the limitation fair and reasonable?

Yes. Ejecting a person in particular circumstances is a reasonable

approach to ensure health and safety. Less restrictive means

would be warnings, etc, but it is anticipated that these would be

utilised prior to any ejection.

 

(e)  Conclusion

The decision is consistent with human rights.

 

Attachments and Confidential Background Papers

 

1.

Lease Plan

2.

Property Plan

3.

Title Search - Lot 760

4.

Title Search - Lot 762

 

Kerry Perrett

Senior Property Officer (Tenure)

I concur with the recommendations contained in this report.

Alicia Rieck

Property Services Manager

I concur with the recommendations contained in this report.

Allison Ferres-MacDonald

Acting Manager, Legal and Governance (General Counsel)

I concur with the recommendations contained in this report.

Matt Smith

General Manager (Corporate Services)

I concur with the recommendations contained in this report.

Seren McKenzie

General Manager (Asset and Infrastructure Services)

 

“Together, we proudly enhance the quality of life for our community”

 


Finance and Governance Committee

Meeting Agenda

10 June

2025

Item 9 / Attachment 1.


Finance and Governance Committee

Meeting Agenda

10 June

2025

Item 9 / Attachment 2.


 


Finance and Governance Committee

Meeting Agenda

10 June

2025

Item 9 / Attachment 3.


 


Finance and Governance Committee

Meeting Agenda

10 June

2025

Item 9 / Attachment 4.



 


Finance and Governance Committee

Meeting Agenda

10 June

2025

 

Doc ID No: A11410482

 

ITEM:            10

SUBJECT:      New Lease over Freehold Land at 117 Redbank Plains Road, Bellbird Park

AUTHOR:      Senior Property Officer (Tenure)

DATE:           28 March 2025

Executive Summary

This is a report concerning the proposed new lease over freehold land located at 117 Redbank Plains Road, Bellbird Park, described as part of Lot 12 on SP841775 (the Land), between Ipswich City Council (Council) and Amplitel Pty Ltd (Amplitel).

RECOMMENDATION

A.           That pursuant to section 236(2) of the Local Government Regulation 2012 (Regulation), Council resolve that the exception at section 236(1)(c)(vi) of the Regulation applies to the disposal of interest in land at 117 Redbank Plains Road, Bellbird Park more particularly described as part of Lot 12 and Plan RP841775, because it is for a lease for telecommunication towers.

B.           That Council enter into a lease (Council reference number 6159) with Amplitel Pty Ltd (Lessee):

(i)    at a commencing annual rent of $26,500 excluding GST, payable to Council; and

(ii)   for a term of ten (10) years, with no options for extension.

C.           That pursuant to Section 257(1)(b) of the Local Government Act 2009, Council resolve to delegate to the Chief Executive Officer the power to take “contractual action” pursuant to section 238 of the Regulation, in order to implement Council’s decision.

RELATED PARTIES

·    Amplitel Pty Ltd

·    There was no declaration of conflicts of interest

ifuture Theme

A Trusted and Leading Organisation

Purpose of Report/Background

Amplitel is Australia's leading provider of mobile tower infrastructure. Established in 2021 as an independent entity following Telstra's divestment of a 49% non-controlling stake in its towers business, Amplitel now manages a portfolio exceeding 8,000 towers, masts, and related structures nationwide. These assets support wireless communication for mobile network operators, government bodies, and private organizations.

The company employs advanced technologies, including Digital Twin and AI-driven analytics, to enhance infrastructure efficiency and connectivity solutions. While Telstra retains a 51% ownership stake, Amplitel operates independently to deliver state-of-the-art infrastructure that meets the growing demands of Australia's wireless communications sector.

Amplitel Pty Ltd has submitted a proposal to renew its lease over the subject land. Under Section 236(1)(c)(vi) of the Local Government Regulation 2012, an exception exists to the requirement for leasehold interest in land to be disposed of through tender or auction. This exception applies specifically to leases for telecommunication towers. However, Council is required to resolve whether this exception applies to the proposed lease renewal. Additionally, the Council may only approve the disposal if the consideration is equal to or exceeds the market value of the leasehold interest in the land.

To determine an appropriate rental value, Council obtained a written rental assessment from an independent registered Valuer. Through negotiations with Amplitel, Property Services established standard terms and conditions for telecommunications leases, agreeing on a commencing annual rent of $26,500 (excluding GST) for the land. Property Services has determined that the agreed rent, along with the proposed indexation rate, reflects current market conditions.

It is noted that the indexation rate has been a point of contention in negotiations with various telecommunications providers at similar sites across the local government area. This matter continues to require careful management to ensure fair and consistent outcomes.

 

Lease Terms

Proposed

Period:

10 Years

Commencement Date:

01/09/2025

Expiry Date:

31/08/2035

Options:

Nil

Commencing Rent:

$26,500 (excluding GST)

Existing Rent:

-

Annual Increase:

3%

Permitted Use:

Telecommunications Purposes

 

Legal IMPLICATIONS

 

This report and its recommendations are consistent with the following legislative provisions:

Land Title Act 1994

Local Government Act 2009

Local Government Regulation 2012

policy implications

 

The lease terms proposed align with the Council’s approved Tenure for Telecommunications Infrastructure policy (the ‘Policy’). Options have not been included, as a lease term exceeding 10 years, including renewal options, over a portion of land would require a reconfiguration of the lot.

RISK MANAGEMENT IMPLICATIONS

 

Risks Associated with Issuing a Lease to Amplitel:

1.   Operational Risks:

Disruption to Council operations or nearby land use due to maintenance or infrastructure upgrades.

Long-term commitments may limit flexibility in land use planning.

Risks of Alternative Recommendations:

1.   Complex Negotiations:

Alternative recommendations may require extensive negotiations, leading to prolonged uncertainty and administrative burden.

2.   Missed Opportunities:

Rejecting Amplitel's proposal in favour of alternatives may result in missed opportunities for rental income and infrastructure improvements.

Risks of Not Approving the Lease to Amplitel:

1.   Loss of Connectivity:

Failure to approve the lease may hinder telecommunications infrastructure development, affecting local connectivity and services.

2.   Legal Challenges:

Amplitel may pursue legal action under the Telecommunications Act 1997 (Cth), which grants carriers certain rights to access land for infrastructure purposes.

3.   Financial Implications:

Loss of potential rental income from the lease agreement.

Costs associated with managing disputes or alternative arrangements.

4.   Reputational Risks:

Negative perception of the Council's decision, particularly if it is seen as obstructing infrastructure development.

Financial/RESOURCE IMPLICATIONS

There are no financial implications for Council, as the telecommunications provider assumes responsibility for all wear and tear, renewal, upgrades, maintenance, and operating expenses associated with the telecommunications tower and its ancillary equipment.

COMMUNITY and OTHER CONSULTATION

 

Amplitel Pty Ltd completed community consultation to inform residents of the proposed development and seek feedback. The following notification activities were conducted:

·       Community Notification – On 3rd February 2025, a 13-page letter and information package were issued to 36 residences, providing details of the proposal, including preliminary drawings, an EME Report, and a 5G Fact Sheet. Distribution was undertaken in accordance with the attached map (to be provided separately due to file size).

·       Public Signage – Two (2) signs were installed on 3rd February 2025 at the Redbank Plains Road and Eagle Street frontages, outlining the proposal and providing contact details for inquiries or feedback.

·       Feedback Invitation – Residents were invited to submit feedback by 24th February 2025.

·       Community Response – No phone inquiries were received, and one (1) objection was lodged, which was been responded to.

 

The following internal branches have been consulted and provided the below responses;

 

(a)   Property Services completed property due diligence

a.    Various searches and assessments were completed to ensure comprehensive understanding of the land and its constraints

 

(b)  City Design Branch were consulted with the proposal in this report.

a.    The site is zoned recreation and open space and will trigger a code assessable development application under the Draft Ipswich Plan 2024 (draft planning scheme, expected to be adopted in early 2025).

 

(c)   Development Planning Branch were consulted with the proposal in this report.

a.    Under the Ipswich Plan 2024, the site is zoned Recreation and Open Space. A Telecommunications Facility within this zoning qualifies as Accepted Development Subject to Requirements (ADSR), meaning no approval is needed if ADSR benchmarks in Table 9.3.3.3.1 of the Telecommunications and Utilities Code are met. Failure to meet these benchmarks requires a code assessable development material change of use approval.

 

(d)  Infrastructure Strategy Branch were consulted and agree with the proposal in this report.

a.    Special Conditions for works on Council land

b.    Electrical and Telstra fibre to remain within fenced area (direct street access), avoiding perimeter placement.

c.    Trenching must stay outside Tree Protection Zones.

d.    Applicant to install slide rail for maintenance access per ICC Standard Drawing SP.85

 

(e)   Sport and Recreation were consulted fand agree with the proposal in this report.

 

(f)   ICT Infrastructure were consulted. No comment provided.

 

(g)   Asset Management were consulted and agree with the proposal in this report.

a.   No objection, it avoids local park assets and will be set on the petrol station side away from residential areas.

Conclusion

It is recommended that Council apply the exception under the Local Government Regulation 2012 It is recommended that Council apply the exception under the Local Government Regulation 2012 to proceed with a lease agreement for a telecommunications tower without undertaking a tender or auction process. The new lease between Council and Amplitel for a portion of 117 Redbank Plains Road, Bellbird Park, will clearly define the respective liabilities and responsibilities of both parties.

HUMAN RIGHTS IMPLICATIONS

 

HUMAN RIGHTS IMPACTS

OTHER DECISION

 

 

(a)  What is the Act/Decision being made?

Recommendation A outlines Council will apply an exemption to dispose of a leasehold interest for the purposes of a telecommunication tower.

Recommendation B outlines the terms that Council is applying to the disposal of leasehold interest.

Recommendation C is a process under the requirements of the Local Government Act 2009.

 

(b) What human rights are affected?

There is no potential to affect human rights in the proposed decision as the disposal is to a company and not a person.

(c)  How are the human rights limited?

Not Applicable

(d) Is there a good reason for limiting the relevant rights? Is the limitation fair and reasonable?

Not Applicable

 

(e)  Conclusion

The decision is consistent with human rights.

 

Attachments and Confidential Background Papers

 

1.

Locality Plan (under separate cover)  

2.

Property Plan (under separate cover)  

3.

Title Search (under separate cover)  

4.

ICC Standard Drawing SP.85 (under separate cover)  

5.

Community Consultation (under separate cover)  

 

 

 

CONFIDENTIAL

6.

Confidential Report (under separate cover)  

7.

Valuation Report (under separate cover)  

 

Kerry Perrett

Senior Property Officer (Tenure)

I concur with the recommendations contained in this report.

Alicia Rieck

Property Services Manager

I concur with the recommendations contained in this report.

Allison Ferres-MacDonald

Acting Manager, Legal and Governance (General Counsel)

I concur with the recommendations contained in this report.

Matt Smith

General Manager (Corporate Services)

 

“Together, we proudly enhance the quality of life for our community”

 


Finance and Governance Committee

Meeting Agenda

10 June

2025

 

Doc ID No: A11560184

 

ITEM:            11

SUBJECT:      New Lease over Freehold Land for Community Housing Initiative

AUTHOR:      Senior Property Officer (Tenure)

DATE:           12 May 2025

Executive Summary

This is a report concerning a proposed new lease over freehold land between Ipswich City Council (Council) and Domestic Violence Action Centre Inc. (DVAC).

RECOMMENDATION

 

A.           That pursuant to section 236(2) of the Local Government Regulation 2012 (Regulation), Council resolve that the exception at section 236(1)(b)(ii) of the Regulation applies to the disposal of interest in land at the properties outlined in Confidential Attachment 1, for community housing for families recovering from domestic and family violence, because Domestic Violence Action Centre Inc.

(Lessee) is a community organisation.

 

B.            That Council enter into a lease (Council file reference number 6338) with the Lessee:

(i)      at an annual rent of $1.00 excluding GST, payable to Council if demanded, and

(ii)     for an initial term of twenty (20) years, with no options for extension.

 

C.           That pursuant to Section 257(1)(b) of the Local Government Act 2009, Council resolve to delegate to the Chief Executive Officer the power to take “contractual action” pursuant to section 238 of the Regulation, in order to implement Council’s decision.

RELATED PARTIES

·    Domestic Violence Action Centre Inc.

·    A perceived conflict of interest (COI) was declared as the Community and Sport Manager serves on the Domestic and Family Integrated Response Working Team and has collaborated with DVAC on key initiatives.

The COI is being appropriately managed by the Manager of Community and Cultural Services in accordance with Council's COI Policy and Procedure.

ifuture Theme

A Trusted and Leading Organisation

Purpose of Report/Background

See attached Confidential Report.

It is proposed that Council enter a lease on the below terms;

Terms

Proposed

Term:

20 Years

Commencement Date:

1 July 2025

Expiry Date:

30 June 2045

Options:

Nil

Rent:

$1.00, if demanded

Legal IMPLICATIONS

 

This report and its recommendations are consistent with the following legislative provisions:

Local Government Act 2009

Local Government Regulation 2012

Land Title Act 1994

policy implications

 

The proposed lease term is consistent with the Council's policy for Tenure Over Council Property, except for the term extending beyond five years. A 20-year lease for transitional housing dedicated to victims of domestic and family violence ensures long-term stability, allowing the Domestic Violence Action Centre (DVAC) to provide consistent housing support. It enables sustainable planning, encouraging infrastructure investment and facilitating government and stakeholder confidence. The lease strengthens the local response to domestic violence, offering survivors a secure and stable environment while ensuring DVAC can implement lasting programs and attract funding. This long-term commitment enhances community impact and reinforces essential services for vulnerable individuals.

RISK MANAGEMENT IMPLICATIONS

 

Risks Associated with the Recommendation

·      Operational Risks – If DVAC experiences funding challenges or operational difficulties, the long-term lease could become a liability.

·      Community Expectations – The project must maintain high standards of safety and service delivery to meet community expectations.

·      Long Term Viability - Evaluate the long-term viability of the development to prevent Council from assuming asset responsibility.

·      Future Consideration - Consider direct land sale to reduce administrative management of lease obligations.

Risks of Alternative Recommendations:

·      Reduced Stability for DVAC – A shorter lease may hinder DVAC’s ability to secure funding and provide long-term housing solutions.

·      Missed Opportunity for Social Impact – Using the land for other purposes may not address the urgent need for transitional housing for domestic violence survivors.

·      Potential Delays – Exploring alternative uses for the land could result in extended decision-making and project delays.

 

Risks of Not Approving the Recommendations:

·      Loss of Safe Housing for Survivors – Without access to this land, DVAC may struggle to provide secure housing for victims of domestic and family violence.

·      Community Backlash – Given the high demand for domestic violence support services, rejecting the lease could lead to criticism from advocacy groups and the public.

·      Failure to Meet Housing Action Plan Goals – The Local Housing Action Plan (LHAP) prioritises crisis and transitional housing, and rejecting the lease may hinder progress on these objectives.

Financial/RESOURCE IMPLICATIONS

·      Council will cover costs for tenure establishment as outlined in Schedule 1 – Rental Category – Freehold Land under the Tenure Over Council Property Policy.

·      DVAC may need development approval before occupying the properties, with fee concessions available for eligible not-for-profit organisations.

·      The Lessee (DVAC) will be responsible for maintenance, repairs, and rehabilitation of built structures. Council will provide a ground lease only, with no funding for capital or operational expenses.

·      Future consideration may be given to a direct land sale to the organisation.

COMMUNITY and OTHER CONSULTATION

 

(a)   Property Services completed property due diligence.

a.    Various searches and assessments were completed to ensure comprehensive understanding of the land and its constraints.

b.    Two land parcels contain two (2) easements for drainage purposes.

c.    One land parcel contains one (1) easement for drainage purposes.

 

(b)  An internal working group has been established, comprising the following:

·     Strategic Planning Manager

·     Principal Policy Lead – New Ipswich Planning Scheme

·     Principal Sport, Recreation, and Community Facilities Planner

·     Property Services Manager

·     Community and Sport Manager

 

(c)   Additionally, consultation has been conducted with:

·     Manager City Design

·     Manager Community and Cultural Services

·     Senior Project Manager (Corporate Services), Legal and Governance Branch

·     Acting Manager, Development Planning

·     City Architect

 

(d)  External consultation has been undertaken with:

·       DVAC CEO, Amie Carrington

Conclusion

It is recommended that Council applies the exception under the Local Government Regulation 2012 to proceed with a lease agreement to DVAC for a term of 20 years over the parcels of land identified in the attached Confidential Report.

HUMAN RIGHTS IMPLICATIONS

 

HUMAN RIGHTS IMPACTS

OTHER DECISION

 

 

(a)  What is the Act/Decision being made?

Recommendation A & B states that Council enter into a Lease with Domestic Violence Action Centre Inc. for the provision of community housing.

 

(b) What human rights are affected?

Recognition and equality before the law (section 15)

Protection from torture and cruel, inhuman or degrading treatment (section 17)

Freedom of movement (section 19)

Freedom of expression (section 21)

Peaceful assembly and freedom of association (section 22) Privacy and reputation (section 25)

 

(c)  How are the human rights limited?

The proposed decision to enter the lease will potentially interfere to restrict with the rights identified above because the lessee will have the power to eject persons in particular circumstances

(d) Is there a good reason for limiting the relevant rights? Is the limitation fair and reasonable?

Yes. Ejecting a person in particular circumstances is a reasonable approach to ensure health and safety.  Less restrictive means would be warnings, etc, but it is anticipated that these would be utilised prior to any ejection

(e)  Conclusion

The decision is consistent with human rights.

 


 

Attachments and Confidential Background Papers

 

 

CONFIDENTIAL

1.

Confidential Report  

2.

Proposed Modular Houses  

3.

Property Plan  

4.

Property Plan  

5.

Property Plan  

6.

Title Search  

7.

Title Search  

 

Kerry Perrett

Senior Property Officer (Tenure)

I concur with the recommendations contained in this report.

Alicia Rieck

Property Services Manager

I concur with the recommendations contained in this report.

Allison Ferres-MacDonald

Acting Manager, Legal and Governance (General Counsel)

I concur with the recommendations contained in this report.

Matt Smith

General Manager (Corporate Services)

 

“Together, we proudly enhance the quality of life for our community”

 


Finance and Governance Committee

Meeting Agenda

10 June

2025

 

Doc ID No: A11541387

 

ITEM:            12

SUBJECT:      Amendments to CEO Delegations due to legislative Updates

AUTHOR:      Senior Governance Officer

DATE:           6 May 2025

Executive Summary

This is a report concerning updates to the delegations to the CEO due to recent changes to legislation.

Recommendation/s

A.           That the delegations to the Chief Executive Officer as detailed in Attachment 1 to the report by the Senior Governance Officer dated 6 May 2025 be adopted.

B.           That the delegations to the Chief Executive Officer as detailed in Attachment 3 be amended as detailed in Attachment 2 to the report by the Senior Governance Officer dated 6 May 2025.

RELATED PARTIES

There are no conflicts of interest relating to this report.

ifuture Theme

A Trusted and Leading Organisation

Purpose of Report/Background

The Legal and Governance Branch monitor all changes to existing legislation which may necessitate amendments to the Council delegation instrument to the CEO and an update to the delegations register. The monitoring and review of ongoing legislation changes, and updates are completed by the Senior Governance Officer and Legal Services Section.

Recent updates to legislation have resulted in:

·    New powers under the Animal Management (Cats and Dogs) Act 2008, Environmental Protection Act 1995, Nature Conservation (Protected Areas Management) Regulation 2024, Plumbing and Drainage Regulation 2019, Public Records Act 2023 and Soil Conservation Act 1986. The powers are outlined in Attachment 1.

·    Amendments to powers under the Information Privacy Act 2009 and Public Records Act 2023. The amendments to these powers are shown in track changes in Attachment 2 and a clean version of the powers is shown in Attachment 3.

The Public Records Act 2023 is a new Act with the Public Records Act 2002 being repealed. However, the powers within the Public Records Act 2023 are substantially the same as the powers from the Public Records Act 2002. Rather than repeal all the powers from the Public Records Act 2002 and create new powers for the Public Records Act 2023 the powers have been amended and retitled to align with the sections of the new Act. The register for the Public Records Act 2023 prepared by King and Co and provided by LGAQ was cross-referenced against the current delegations to the CEO and the legislation.

Legal IMPLICATIONS

 

This report and its recommendations are consistent with the following legislative provisions:

Local Government Act 2009

policy implications

 

There are no policy implications because of this report.

RISK MANAGEMENT IMPLICATIONS

Local Governments provide numerous services to their communities using powers provided in Queensland legislation.  Some of these powers and functions are ‘delegable’, that is, they may be assigned to appropriately experienced and qualified officers to exercise.  By undertaking reviews of Council’s delegations, Council ensures that all relevant legislative powers are delegated, that delegations are current and that decisions are being lawfully made.

Financial/RESOURCE IMPLICATIONS

There are no financial implications because of this report.

COMMUNITY and OTHER CONSULTATION

The contents of this report did not require any community consultation.

Conclusion

Recent updates to legislation resulted in additional powers required to be delegated to the Chief Executive Officer in addition to some powers requiring amendment.


 

HUMAN RIGHTS IMPLICATIONS

 

HUMAN RIGHTS IMPACTS

OTHER DECISION

 

 

(a)  What is the Act/Decision being made?

Recommendation A requests approval of new Delegations to the CEO. Recommendation B requests approval for amendment to be made to current CEO delegations.

 

(b) What human rights are affected?

No human rights are affected by this decision.

 

(c)  How are the human rights limited?

Not applicable

 

(d) Is there a good reason for limiting the relevant rights? Is the limitation fair and reasonable?

Not Applicable

 

(e)  Conclusion

The decision is consistent with human rights.

 

Attachments and Confidential Background Papers

 

1.

Amendments to CEO Delegations - New Delegations

2.

Amendments to CEO Delegations - Amended Delegations (track)

3.

Amendments to CEO Delegations - Amended Delegations (clean)

 

Alisha Campbell

Senior Governance Officer

I concur with the recommendations contained in this report.

Michelle Pearl

Team Leader (Governance Services)

I concur with the recommendations contained in this report.

Mellenie Wheeler

Acting Corporate Governance Manager

I concur with the recommendations contained in this report.

Allison Ferres-MacDonald

Acting Manager, Legal and Governance (General Counsel)


 

I concur with the recommendations contained in this report.

Matt Smith

General Manager (Corporate Services)

 

“Together, we proudly enhance the quality of life for our community”

 


Finance and Governance Committee

Meeting Agenda

10 June

2025

Item 12 / Attachment 1.





 


Finance and Governance Committee

Meeting Agenda

10 June

2025

Item 12 / Attachment 2.



 


Finance and Governance Committee

Meeting Agenda

10 June

2025

Item 12 / Attachment 3.



 


Finance and Governance Committee

Meeting Agenda

10 June

2025

 

Doc ID No: A11470077

 

ITEM:            13

SUBJECT:      Consistency Review: Local Laws and New Planning Scheme

AUTHOR:      Senior Project Manager (Corporate Services)

DATE:           30 April 2025

Executive Summary

Council is implementing a new planning scheme (the draft scheme) that will commence on
1 July 2025. As a result of this, a project has been undertaken comparing the draft scheme with Council’s current local laws to determine any critical gaps or inconsistencies that could impede regulatory functions once the draft scheme commences.

Out of Council’s 14 Local Laws and Subordinate Local Laws only 7 require changes – with 18 key changes identified. In July 2024, Council resolved to commence the formal local law-making process to enable those key changes to the identified local laws to be made in a timely manner and coincide with the commencement of the draft scheme. The local law-making process has now been completed and this report provides outcomes of the public consultation, anti-competitive provisions review and State interest check process with the amending laws now presented for adoption. (Note: this report was provided for information previously to the Regulation Advisory Committee on 5 February 2025 and subsequent Finance and Governance and Ordinary Council meetings in February 2025.)

If this report is now adopted by resolution, and as required by the Local Government Act 2009, commencement of the amended laws will occur within one month by publishing a notice in the Queensland Government Gazette and on council’s website. With the draft scheme set to commence on 1 July 2025 then commencement of the laws will coincide with that date.

Recommendations

A.           That it be noted that no submissions were received during the public consultation period, as detailed in Attachment 2 of the report, for the following:

a)   Local Law (Amending) Local Law No.1 (Administration) 2024

b)   Local Law (Amending) Local Law No.3 (Commercial Licensing) 2024

c)   Subordinate Local Law (Amending) Subordinate Local Law No.3.1 (Commercial Licensing) 2024

d)   Local Law (Amending) Local Law No. 5 (Parking) 2024

e)   Subordinate Local Law (Amending) Subordinate Local Law 5.1 (Parking) 2024

f)    Subordinate Local Law (Amending) Subordinate Local Law 6.1 (Animal Management) 2024

g)   Local Law (Amending) Local Law No. 8 (Nuisances and Community Health and Safety) 2024

B.           That it be noted that State interest checks were conducted on the proposed amending local laws with feedback received that resulted in one amendment to Local Law (Amending) Local Law No.5 (Parking) 2024 as set out in Attachment 3 of the report.

C.           That it be noted that minor errors were identified following the public consultation period that do not change the intent within the laws as advertised and do not require further public consultation.

D.           That the proposed amending local laws and subordinate local laws listed in Recommendation A do not contain any significant anti-competitive provisions as detailed in Attachment 1 of the report.

E.           That Council make the following local laws and subordinate local laws as advertised and subject to the amendments shown in tracked changes, as set out in Attachments 4 to 10 of the report:

a)   Local Law (Amending) Local Law No.1 (Administration) 2024

b)   Local Law (Amending) Local Law No.3 (Commercial Licensing) 2024

c)   Subordinate Local Law (Amending) Subordinate Local Law No.3.1 (Commercial Licensing) 2024

d)   Local Law (Amending) Local Law No. 5 (Parking) 2024

e)   Subordinate Local Law (Amending) Subordinate Local Law 5.1 (Parking) 2024

f)    Subordinate Local Law (Amending) Subordinate Local Law 6.1 (Animal Management) 2024

g)   Local Law (Amending) Local Law No. 8 (Nuisances and Community Health and Safety) 2024

F.           That pursuant to section 32 of the Local Government Act 2009, Council adopt consolidated versions of the following local laws and subordinate local laws, as set out in Attachments 11 to 17 of the report:

a)   Local Law No. 1 (Administration) 2013

b)   Local Law No.3 (Commercial Licensing) 2013

c)   Subordinate Local Law No.3.1 (Commercial Licensing) 2013

d)   Local Law No. 5 (Parking) 2013

e)   Subordinate Local Law 5.1 (Parking) 2013

f)    Subordinate Local Law 6.1 (Animal Management) 2013

g)   Local Law No. 8 (Nuisances and Community Health and Safety) 2013

G.           That it be noted that commencement of the laws listed in Recommendation E will not occur until publication of a notice in the Queensland Government Gazette, and that publication of the notice will coincide with the commencement of Council’s new planning scheme.

 

RELATED PARTIES

There are no known related parties or conflicts of interest at the time of writing.

ifuture Theme

A Trusted and Leading Organisation

Purpose of Report/Background

At its meeting of 25 July 2024, the Council resolved (resolution C2024/05/184) as follows:

 

A.         That Council propose to make:

a.    Local Law (Amending) Local Law No. 1 (Administration) 2024 as set out in Attachment 1 of the report.

b.    Local Law (Amending) Local Law No. 3 (Commercial Licensing) 2024 as set out in Attachment 2 of the report.

c.    Subordinate Local Law (Amending) Subordinate Local Law No. 3.1 (Commercial Licensing) 2024 as set out in Attachment 3 of the report.

d.    Local Law (Amending) Local Law No. 5 (Parking) 2024 as set out in Attachment 4 of the report.

e.    Subordinate Local Law (Amending) Subordinate Local Law No. 5.1 (Parking) 2024 as set out in Attachment 5 of the report.

f.     Subordinate Local Law (Amending) Subordinate Local Law No. 6.1 (Animal Management) 2024 as set out in Attachment 6 of the report.

g.    Local Law (Amending) Local Law No. 8 (Nuisances and Community Health and Safety) 2024 as set out in Attachment 7 of the report.

B.         That Council undertake a preliminary assessment of any potentially anti-competitive provisions to determine whether the provisions will result in any significant impacts.

C.         If the preliminary assessment undertaken under Recommendation B identifies an anti-competitive provision that will result in a significant impact, Council undertake consultation on the anti-competitive provision as part of the public consultation process outlined in Recommendation D.

D.        That Council approve proceeding to public consultation for the proposed laws in Recommendation A of this report.

E.         That Council approve to proceed to State Government interest check on the below laws in accordance with section 29A of the Local Government Act 2009:

a.    Local Law (Amending) Local Law No. 1 (Administration) 2024 as set out in Attachment 1 of the report.

b.    Local Law (Amending) Local Law No. 3 (Commercial Licensing) 2024 as set out in Attachment 2 of the report.

c.    Local Law (Amending) Local Law No. 5 (Parking) 2024 as set out in Attachment 4 of the report.

d.    Local Law (Amending) Local Law No. 8 (Nuisances and Community Health and Safety) 2024 as set out in Attachment 7 of the report.

F.         That, following completion of the actions identified in Recommendations B, C, D, and E, a report be provided to a future Council meeting to progress the proposed local laws and subordinate local laws in Clause A to the final stage of the formal local law-making process, in accordance with the Local Government Act 2009 and Council’s Local Law-Making Process Policy.

As a reminder of the amendments that were identified and proposed please see ATTACHMENT 18 for the explanatory notes that were attached to the previous report to Council and used in public consultation.

ACTION TAKEN ON THE Resolution (C2024/05/184)

Recommendations A, B and C – Anti-Competitive Provisions

Council undertook anti-competitive reviews and assessments as per legislated requirements and found, in summary, that no provisions, including any significant provisions, exist in the amending laws that would require consultation. Further information can be found in ATTACHMENT 1.

Recommendation D – Public Consultation

Council undertook public consultation during the period 9 to 30 August 2024 in accordance with legislation and Council’s Making Local Laws Policy. In summary, the Shape Your Ipswich page received 1,235 views with 1,072 unique visitors. No submissions were received. As this review is essentially a consistency exercise, it was expected that there may not be extensive feedback given the draft scheme has been subject to a robust public and State Government consultation exercise. Additionally, the messaging was clear in the consultation that this was about alignment with the draft scheme, and that the community will be given the opportunity to comment on the local laws more broadly when the more comprehensive review is undertaken later. Further information on the consultation can be found in ATTACHMENT 2.

Recommendation E – State Interest Checks

As per legislated requirements, when making local laws Council must undertake consultation with the State government to determine any interest or feedback with the proposed laws. Relevant State departments were consulted on 4 September asking for feedback by COB Friday 28 September 2024. In summary, four (4) agencies/departments provided feedback.  Three advised they have no comments, with one requesting that a change be made to a definition relating to heavy vehicle parking.  In reviewing the feedback, it was recognised that this minor change suggested would provide clarity for the reader of the definition and would not change the policy intent. Given that this was the only feedback received, and whilst it doesn’t relate to the draft scheme changes, it is proposed that this minor change be captured as part of this review. ATTACHMENT 3 provides a report on the State interest checks including the proposed change.  The proposed change has been incorporated into the proposed Local Law (Amending) Local Law No.5 (Parking) 2024 (Attachment 7) and the proposed consolidated Local Law No. 5(Parking) 2013 (Attachment 14).

Recommendation F – final stage of making local laws and subordinate local laws

Following completion of Recommendations, A -E, this report puts forwards the recommendations for the final stage of making the amending local laws and amending subordinate local laws along with the consolidated versions (where the amendments are consolidated into the previously adopted laws).

PLEASE NOTE:  In finalising the amending local laws that were advertised several minor errors were picked up that related to consistency and do not change any intent within the laws as they were advertised and do not require further consultation. The amending laws with the track changes of those minor amendments can be seen in ATTACHMENTS 4-10. For completeness and transparency those minor amendments are:

 

A.           Local Law (Amending) Local Law No.1 (Administration) 2024

 

No further minor amendments

Local Law (Amending) Local Law No.3 (Commercial Licensing) 2024

 

No further minor amendments

Subordinate Local Law (Amending) Subordinate Local Law No.3.1 (Commercial Licensing) 2024

 

·    Correction of section number

·    Remove old scheme names

·    Remove ‘for’ from a sentence

·    Capital letter removal

Local Law (Amending) Local Law No. 5 (Parking) 2024

 

·    Update of terminology not previously picked up relating to residential area and rural zone.

·    (Note updated definition of parking or storing a heavy vehicle following State Interest Check feedback also shown in track changes)

Subordinate Local Law (Amending) Subordinate Local Law 5.1 (Parking) 2024

 

No further minor amendments

 

Subordinate Local Law (Amending) Subordinate Local Law 6.1 (Animal Management) 2024

 

No further minor amendments

Local Law (Amending) Local Law No. 8 (Nuisances and Community Health and Safety) 2024

A couple of words need capital letters

The consolidated versions (where the amendments are consolidated into the previously adopted laws) highlight in the Table of Reprints the reprint with the amending law listed – the commencement date will be updated on upon gazettal. The consolidated versions of the laws are ATTACHMENTS 11-17.


 

NEXT STEPS: THIS REPORT

Now that the commencement of the draft scheme will occur on 1 July 2025, and to meet the requirements of legislation, procedurally Council needs to:

·    Acknowledge the public consultation outcome; the State Interest check outcome and that there are no anti-competitive provisions (Recommendations A, B and D of this report); and

·    Adopt the amending local laws and amending subordinate local laws as they were advertised during the public consultation period and subject to the amendments made in tracked changes (Recommendation E of this report); and

·    Adopt the consolidated versions (Recommendation F of this report); and

·    Acknowledge that the commencement of the laws will coincide with the commencement of the new planning scheme (Recommendation G of this report).

Following resolution of the above recommendations, and pursuant to the Local Government Act 2009, the laws will not commence until published in the Queensland Government Gazette and on council’s website (must occur within one of month of Council’s resolution). The notice will be published to coincide with the commencement of the draft scheme on 1 July 2025.

Following publication of the gazette notice, a copy of the adopted laws and gazette notice will be sent to the Minister, and our website and local laws register updated. Internal and external communications will occur at the same time to announce commencement of the laws. Implementation of any changes, for example, internal processes, will occur to coincide with the commencement of the laws and draft scheme.

AMENDING LAWS

ATTACHMENT 4 - Local Law (Amending) Local Law No.1 (Administration) 2024

ATTACHMENT 5 - Local Law (Amending) Local Law No.3 (Commercial Licensing) 2024

ATTACHMENT 6 Subordinate Local Law (Amending) Subordinate Local Law No.3.1 (Commercial Licensing) 2024

ATTACHMENT 7 - Local Law (Amending) Local Law No. 5 (Parking) 2024

ATTACHMENT 8 - Subordinate Local Law (Amending) Subordinate Local Law 5.1 (Parking) 2024

ATTACHMENT 9 - Subordinate Local Law (Amending) Subordinate Local Law 6.1 (Animal Management) 2024

ATTACHMENT 10- Local Law (Amending) Local Law No. 8 (Nuisances and Community Health and Safety) 2024

CONSOLIDATED LAWS

ATTACHMENT 11 - Local Law No.1 (Administration) 2013

ATTACHMENT 12 - Local Law No.3 (Commercial Licensing) 2013

ATTACHMENT 13 - Subordinate Local Law No.3.1 (Commercial Licensing) 2013

ATTACHMENT 14 - Local Law No. 5 (Parking) 2013

ATTACHMENT 15 - Subordinate Local Law 5.1 (Parking) 2013

ATTACHMENT 16 - Subordinate Local Law 6.1 (Animal Management) 2013

ATTACHMENT 17 - Local Law No. 8 (Nuisances and Community Health and Safety) 2013

Legal IMPLICATIONS

 

This report and its recommendations are consistent with the following legislative provisions:

Local Government Act 2009

Local Government Regulation 2012

ICC Local Law-Making Policy

National Competition Policy: Guidelines for conducting reviews on anti-competitive provisions in local laws

policy implications

 

The changes identified in the local laws do not change Council’s policy intent or current regulation practices. The majority relate to changing definitions to align with the draft scheme, minor word changes to provide clarity and minor changes to adhere with drafting standards for local laws.

RISK MANAGEMENT IMPLICATIONS

Without making changes to the local laws there is a risk that regulatory functions may be impeded due to definitions, zones etc not being in alignment with the draft planning scheme (once adopted). Critical inconsistencies/gaps have been identified.

Financial/RESOURCE IMPLICATIONS

The changes do not impact current regulation practices. The legal costs to review, analyse, and draft amending local laws and consolidated local laws is $47,000. There are some minor costs associated with advertising the public consultation notice and gazettal notice. The funding for this project has been split between last financial year’s budget and this financial year’s budget.

COMMUNITY and OTHER CONSULTATION

The community and State Government had the opportunity to comment on the proposed local laws as part of the process discussed in the report. As this is essentially a consistency exercise, it was expected that there may not be extensive feedback given the draft scheme has been subject to a robust public and State Government consultation exercise. The community will be given the opportunity to comment on the local laws more broadly when the more comprehensive review is undertaken at a later date.

Conclusion

A review has been undertaken to identify key changes to the local laws that are needed because of changes in the planning scheme. This report concludes the formal local law-making process which includes public consultation and State interest checks to enable those key changes to be made in a timely manner. If this report is adopted by Council, commencement of the laws does not occur until a notice is published in the Queensland Government Gazette. This notice will be published to coincide with the commencement of the draft scheme on 1 July 2025.

HUMAN RIGHTS IMPLICATIONS

.

HUMAN RIGHTS IMPACTS

OTHER DECISION

 

 

(a)  What is the Act/Decision being made?

Alignment of Council’s local laws with the draft planning scheme that will commence 1 July 2025 with the adoption of amending and consolidated local laws.

 

(b) What human rights are affected?

Right to Freedom of Movement

 

(c)  How are the human rights limited?

Some people may consider that restrictions for certain approvals on where a person may conduct an activity may impede their right to freedom of movement. While there are no new restrictions being considered in this report, the adoption of the consolidated version of laws may be interpreted as Council making a new decision on restrictions or otherwise. That is not the case as changes relate to aligning wording to that in the draft scheme, but for completeness is added here.

(d) Is there a good reason for limiting the relevant rights? Is the limitation fair and reasonable?

Council must balance the safety of the community, the usability of any Council area, and the accessibility of the area to the public. No onerous restrictions on movement have been identified in Council’s existing laws and restrictions which are identified in the laws for an approval are to ensure health, safety, amenity, usability, and liveability. While this report is not proposing the addition or removal of restrictions on activities, it is recognised that the removal of restrictions could create an unenforceable model which could risk public health and safety. Human rights and a risk approach will be considered in the comprehensive review undertaken on local laws at a later date.

(e)  Conclusion

The decision is consistent with human rights.

 

Attachments and Confidential Background Papers

 

1.

Stage 1 Local Law Review Anti-Competitive Provision Report (under separate cover)  

2.

Stage 1 Local Law Review Public Consultation Report (under separate cover)  

3.

Stage 1 Local Law Review State Interest Check Report (under separate cover)  

4.

Local Law (Amending) Local Law No. 1 (Administration) 2024 (under separate cover)  

5.

Local Law (Amending) Local Law No. 3 (Commercial Licensing) 2024 (under separate cover)  

6.

Subordinate Local Law (Amending) Subordinate Local Law No. 3.1 (Commercial Licensing) 2024 (under separate cover)  

7.

Local Law (Amending) Local Law No. 5 (Parking) 2024 (under separate cover)  

8.

Subordinate Local Law (Amending) Subordinate Local Law No. 5.1 (Parking) 2024 (under separate cover)  

9.

Subordinate Local Law (Amending) Subordinate Local Law No. 6.1 (Animal Management) 2024 (under separate cover)  

10.

Local Law (Amending) Local Law No. 8 (Nuisances and Community Health and Safety) 2024 (under separate cover)  

11.

Local law No. 1 (Administration) 2013 - Consolidated (under separate cover)  

12.

Local Law No. 3 (Commercial Licensing) 2013 - Consolidated (under separate cover)  

13.

Subordinate Local Law No. 3.1 (Commercial Licensing) 2013 - Consolidated (under separate cover)  

14.

Local Law No. 5 (Parking) 2013 - Consolidated (under separate cover)  

15.

Subordinate Local Law No. 5.1 (Parking) 2013- Consolidated (under separate cover)  

16.

Subordinate Local Law No. 6.1 (Animal Management) 2013 - Consolidated (under separate cover)  

17.

Local Law No. 8 - (Nuisances and Community Health and Safety) 2013 - Consolidated (under separate cover)  

18.

Explanatory Notes (under separate cover)  

 

Barbara Dart

Senior Project Manager (Corporate Services)

I concur with the recommendations contained in this report.

Allison Ferres-MacDonald

Acting Manager, Legal and Governance (General Counsel)

I concur with the recommendations contained in this report.

Matt Smith

General Manager (Corporate Services)

 

“Together, we proudly enhance the quality of life for our community”