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Chair: Tr Warren Polglase

Trustees: P Youngblutt (Deputy Mayor) D Holdom

B Longland K Milne K Skinner J van Lieshout

Agenda

Tweed Reserve Trust Meeting Tuesday 16 March 2010

held at Murwillumbah Cultural & Civic Centre commencing at 4.15pm

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Tweed Reserves Trust Meeting: Tuesday 16 March 2010

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Tweed Reserves Trust Meeting: Tuesday 16 March 2010

Items for Consideration of the Trust:

ITEM PRECIS PAGE

CONFIRMATION OF MINUTES 5

1 Minutes of the Reserves Trust Meeting held Tuesday 16 February 2010

5

REPORTS THROUGH THE EXECUTIVE MANAGER OF THE TRUST/GENERAL MANAGER

7

REPORTS FROM DIRECTOR COMMUNITY AND NATURAL RESOURCES 7 2 [CNR-RT] Telstra Corporation Limited – Equipment Shelter –

Hospital Hill Reservoir - Crown Reserve 86173 being Lot 7011 DP 1058669

7

3 [CNR-RT] Murwillumbah Reserve Trust Lease to Country Womens Association of NSW – CWA Building, Queen Street, Murwillumbah

13

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Tweed Reserves Trust Meeting: Tuesday 16 March 2010

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Tweed Reserves Trust Meeting: Tuesday 16 March 2010

CONFIRMATION OF MINUTES

1 Minutes of the Reserves Trust Meeting held Tuesday 16 February 2010 UNDER SEPARATE COVER/FURTHER INFORMATION:

To view any "non confidential" attachments listed below, access the meetings link on Council's website www.tweed.nsw.gov.au or visit Council's offices at Tweed Heads or Murwillumbah (from Friday the week before the meeting) or Council's libraries (from Monday the week of the meeting).

1. Minutes of the Ordinary Reserves Trust Meeting held Tuesday 16 February (ECM 12881382)

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Tweed Reserves Trust Meeting: Tuesday 16 March 2010

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Tweed Reserves Trust Meeting: Tuesday 16 March 2010

REPORTS THROUGH THE EXECUTIVE MANAGER OF THE TRUST/GENERAL MANAGER

REPORTS FROM DIRECTOR COMMUNITY AND NATURAL RESOURCES

2 [CNR-RT] Telstra Corporation Limited – Equipment Shelter – Hospital Hill Reservoir - Crown Reserve 86173 being Lot 7011 DP 1058669

ORIGIN:

Design Unit

SUMMARY OF REPORT:

At its meeting held on 15 December 2009, Council resolved to enter into a lease with Telstra to allow an equipment shelter shed to be built on Council land adjacent to an existing lattice tower at the Hospital Hill Reservoir site at Karramul Street Murwillumbah.

The works also include the extension of an existing panel to enable the addition of six further antenna. Telstra’s proposed works were to improve in-building coverage in the area.

Rental was yet to be negotiated at the time of the report and a valuation was subsequently obtained and provided to Daly International Pty Ltd, acting on behalf of Telstra, to initiate negotiations with Telstra.

Daly International subsequently advised Council on 16 February 2010 that the shed will now be constructed on the area of Crown Land that contains the existing tower, adjacent to the original reservoir at the site. A formal letter of notice to Council of the proposal, as required under the Industry Code for the Deployment of Mobile Phone Network Infrastructure, was received by Council on 15 February, 2010.

The Land and Property Management Authority have advised the Trust that they will now be entering into a s34A licence directly with Telstra, and the Authority is seeking comments from the Trust in relation to the proposed development and section 34A licence. The area to be licensed is within Crown Reserve 86173 for Public Recreation, which precludes the Trust from entering into a direct licence with Telstra as it is outside the purpose of the reserve.

It is recommended that the Trust requests that the s34A licence include a requirement that Telstra undertake a hazard identification and risk assessment of electromagnetic field emanations from the leased area and forward the results of the assessment to Council within three months from the commencement of the licence. If the electromagnetic field emanations exceed the Radiation Protection Standard that applies at the time of the hazard identification assessment, then the Land and Property Management Authority can terminate the Lease.

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Tweed Reserves Trust Meeting: Tuesday 16 March 2010

RECOMMENDATION:

That the Reserves Trust:-

1. Provides no objection to a section 34A licence between the Land and Property Management Authority and Telstra over Lot 7011 DP 1058669 being Crown Reserve 86173 subject to the s34A licence include a requirement that Telstra undertake a hazard identification and risk assessment of electromagnetic field emanations from the infrastructure and forward the results of the assessment to Council within three months from the commencement of the licence. If the electromagnetic field emanations exceed the Radiation Protection Standard that applies at the time of the hazard identification assessment, then the Land and Property Management Authority can terminate the Licence.

2. Subject to the above, provides no objection to the construction of an equipment shelter shed on Lot 7011 in DP 1058669 being part of Crown Reserve 86173 for Public Recreation.

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Tweed Reserves Trust Meeting: Tuesday 16 March 2010

REPORT:

At its meeting held on 15 December 2009, Council resolved to enter into a lease with Telstra to allow an equipment shelter shed to be built on Council land adjacent to an existing lattice tower at the Hospital Hill Reservoir site at Karramul Street Murwillumbah.

The works also include the extension of an existing panel to enable the addition of six further antenna. Telstra’s proposed works were to improve in-building coverage in the area. A copy of the report and resolution are attached for ease of reference.

Rental was yet to be negotiated at the time of the report and a valuation was subsequently obtained and provided to Daly International Pty Ltd, acting on behalf of Telstra, to initiate negotiations with Telstra.

Daly International Pty Ltd advised that the facility is a ‘low impact facility’ under Schedule 3 of the Telecommunications Act 1997 and the Telecommunications (Low Impact Facilities) Determination 1997. However, a preliminary assessment by a Council planner indicate that until formal notice is given and full assessment can be made, this is yet to be confirmed. Should an assessment determine that the proposal falls outside the relevant criteria, then a development application may be necessary.

Daly International subsequently advised Council on 16 February 2010 that the shed will now be constructed on the area of Crown Land that contains the existing tower, adjacent to the original reservoir at the site. A formal letter of notice to Council of the proposal, as required under the Industry Code for the Deployment of Mobile Phone Network Infrastructure, was received by Council on 15 February, 2010.

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Tweed Reserves Trust Meeting: Tuesday 16 March 2010

The plan below shows the new location of the shelter shed:

The Land and Property Management Authority has advised the Trust that they will now be entering into a s34A licence directly with Telstra, and the Authority is seeking comments from the Trust in relation to the proposed development and section 34A licence. The area to be licensed is within Crown Reserve 86173 for Public Recreation, which precludes the Trust from entering into a direct licence with Telstra as it is outside the purpose of the reserve.

It is recommended that the Trust request that the s34A licence include a requirement that Telstra undertake a hazard identification and risk assessment of electromagnetic field emanations from the leased area and forward the results of the assessment to Council within three months from the commencement of the licence. If the electromagnetic field emanations exceed the Radiation Protection Standard that applies at the time of the hazard identification assessment, then the Land and Property Management Authority can terminate the Licence.

LEGAL/RESOURCE/FINANCIAL IMPLICATIONS:

Nil.

POLICY IMPLICATIONS:

Nil.

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Tweed Reserves Trust Meeting: Tuesday 16 March 2010

UNDER SEPARATE COVER:

UNDER SEPARATE COVER/FURTHER INFORMATION:

To view any "non confidential" attachments listed below, access the meetings link on Council's website www.tweed.nsw.gov.au (from 8.00pm Wednesday the week before the meeting) or visit Council's offices at Tweed Heads or Murwillumbah (from 8.00am Thursday the week before the meeting) or Council's libraries (from 10.00am Thursday the week of the meeting).

1. Council Report dated 15 December 2009 (ECM 9692644) 2. Council Resolution dated 15 December 2009 (ECM 9998015)

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Tweed Reserves Trust Meeting: Tuesday 16 March 2010

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Tweed Reserves Trust Meeting: Tuesday 16 March 2010

3 [CNR-RT] Murwillumbah Reserve Trust Lease to Country Womens Association of NSW – CWA Building, Queen Street, Murwillumbah

ORIGIN:

Design/Community and Cultural Services SUMMARY OF REPORT:

The Country Women's Association of NSW currently holds a lease over premises on Crown Reserve 81328 in Queen Street, Murwillumbah, which will expire on 2019. The Evening Branch of the Association has made a request to the Trust for approval to commence works on the building to improve access to the toilet facilities and improve security for evening meetings of the Evening Branch.

The Evening Branch of the Association is seeking to close the outside entrance to the toilet area and to gain entry to the ante-room of the toilet area from the main hall. This will require a hole in the wall and the relocation of the power box.

It has been established that the works are deemed to be exempt development, however the Trust, as Lessor, must provide its consent to any alteration addition or extension to the premises, whether of a structural nature or otherwise.

The Association will cover all costs for the works and subject to the works complying with the Building Code of Australia and AS3000 for electrical standards, as well as the works being carried out by a registered builder, it is recommended that the Trust approve the proposed works.

It is also recommended that the Association provide evidence of a final Council inspection when the works have been completed to ensure all works have been completed in accordance with the Building Code.

RECOMMENDATION:

That:-

1. The Reserves Trust approves the proposed building works described in the body of the report within the building known as the CWA Building located on Queen Street, Murwillumbah comprised in Crown Reserve 81328 being Lot 11 Section 16 DP 75879.

2. The proposed works are undertaken by a registered builder and comply with the Building Code of Australia and AS3000 for electrical standards.

3. The Lessee is required to provide the Trust with written evidence of a final Council inspection and sign off of the works upon completion.

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Tweed Reserves Trust Meeting: Tuesday 16 March 2010

REPORT:

The Country Women's Association of NSW currently holds a lease over premises on Crown Reserve 81328 in Queen Street, Murwillumbah, which will expire on 2019. The Evening Branch of the Association has made a request to the Trust for approval to commence works on the building to improve access to the toilet facilities and improve security for evening meetings of the Evening Branch.

The Evening Branch of the Association is seeking to close the outside entrance to the toilet area and to gain entry to the ante-room of the toilet area from the main hall. This will require a hole in the wall and the relocation of the power box.

It has been established that the works are deemed to be exempt development, however the Trust, as Lessor, must provide its consent to any alteration addition or extension to the premises, whether of a structural nature or otherwise.

The Association will cover all costs for the works and subject to the works complying with the Building Code of Australia and AS3000 for electrical standards, as well as the works being carried out by a registered builder, it is recommended that the Trust approve the proposed works.

It is also recommended that the Association provide evidence of a final Council inspection when the works have been completed to ensure all works have been completed in accordance with the Building Code.

The plan below shows the location of the building adjacent to the Queen Street entry to the Council car park:

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Tweed Reserves Trust Meeting: Tuesday 16 March 2010

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LEGAL/RESOURCE/FINANCIAL IMPLICATIONS:

Nil.

POLICY IMPLICATIONS:

Nil.

UNDER SEPARATE COVER:

UNDER SEPARATE COVER/FURTHER INFORMATION:

To view any "non confidential" attachments listed below, access the meetings link on Council's website www.tweed.nsw.gov.au (from 8.00pm Wednesday the week before the meeting) or visit Council's offices at Tweed Heads or Murwillumbah (from 8.00am Thursday the week before the meeting) or Council's libraries (from 10.00am Thursday the week of the meeting).

Nil.

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Tweed Reserves Trust Meeting: Tuesday 16 March 2010

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