7 November 2022

Meeting Date:
Supporting Documents:

For more information and appendices for each item, view the Council Meeting Agenda above.

The below summary is unconfirmed until the Minutes of the November Meeting are accepted by Council.

1. Opening Prayer & Original Custodians Statement

2. Apologies


3. Confirmation of Minutes

That the Minutes of the Scheduled Meeting of Council held on 5 September 2022 (7-0).

4. Declaration by Councillors and Officers of any Conflict of Interest in any Item on the Agenda


5. Mayoral Presentation

6. Petitions and Joint Letters


Written and electronic petitions have been received with 1,500 combined signatures lodged by the Warrnambool Stock Agents Inc to keep and upgrade the Warrnambool Saleyards (SWVLX) at its current location in Warrnambool.

In accordance with Clause 25 of the Governance Rules pertaining to Petitions and Joint Letters, the only motions that may be considered for any petitions are:-

(a) that the petition be received;

(b) that the petition be referred to the Chief Executive Officer for consideration and response; or

(c) that the petition be referred to the Chief Executive Officer for an Officer Report to a future Council Meeting.

However, Clause 25(8) of the Governance Rules states that:-

If the petition relates to any item already on the Agenda for the Council Meeting at which the petition is submitted, the matter may be dealt with in conjunction with that Agenda item.

Council supported the following recommendation (7-0):

That in accordance with the Governance Rules, the petition lodged to keep and upgrade the Warrnambool Saleyards (SWVLX) at its current location in Warrnambool be considered in conjunction with Item 8.1 in the Scheduled Council Meeting agenda for Monday 7 November 2022.

7. Public Question Time


At its 1 August 2022 Ordinary Council Meeting, Council voted against accepting a tender for a $5.6 million upgrade of the South-West Victorian Livestock Exchange (SWVLX). Council instead adopted an alternative motion which included consulting with the community about the future of the saleyards.

The motion adopted was:

“That the Council commence a stakeholder and community engagement exercise based on the implications of not committing to the upgrade works and the questions raised by the financial commitments required relating to the longer term financial viability of the operation.”

The decision not to invest at that meeting intimated that the future operations of the SWVLX required review, as the perceived financial risk in continuing to operate the facility was outweighing the social and broader economic benefits of operating the SWVLX. It is acknowledged remedial works are required to satisfy the safe and effective operation of the SWVLX in the immediate, mid and longer term.

On 5 September 2022 Ordinary Council Meeting, Council resolved:

That Council:

1. Note the recommendation of the Audit and Risk Committee regarding the 2021/22 Financial Statements and Performance Statement; and

2. Note the recommendation of the Audit and Risk Committee regarding the South West Victorian Livestock Exchange financials audit; and

3. Approve an assessment be undertaken on the operations of the South-West Victorian Livestock Exchange by an independent external consultant and/or auditor for the period between July 1st 2017 and present day with the following objectives:

a. Accuracy and Completeness of Net Surplus Reporting Council wishes to investigate a full commercial modelling of the saleyards.

b. Delegation of Authority and Procurement Compliance Ensure that any procurement for the defined period falls in line with Council’s procurement policy and obligations under the Local Government Act 2020;

c. BDO Report Scope

Assess the scope of works request made to BDO by council in relation to the creation of the BDO analysis on the SWVLX and any supporting information provided to BDO by Council to assist them in developing the report; and provide information about the methodology used to ascertain the assumptions on the future stock turnover numbers;

4. Require that the assessment be completed and available to council before the 7 November 2022 Council Meeting, and the full report and any recommendations be presented to Audit and Risk Committee at the next available meeting after the assessment is completed;

5. Request the assessment be managed by the Governance Officer to provide assurance that of independence of the assessment; and

6. On passing of this motion, it is deemed not to be confidential.

Council has subsequently undertaken several significant research pieces in the ensuing months including:

1. a comprehensive independent and financial assessment and modelling report;

2. an economic impact assessment of the SWVLX operations;

3. a preliminary alternative land use assessment of the SWVLX site and surrounding buffer areas;


4. an extensive community consultation process through a survey and focus group discussions and thematic analysis of the information.

Following on from the survey, a series of listening posts were organised with different community stakeholders from the South West to discuss directly with Councillors the decision of Council to not invest in the upgrade of the SWVLX and the implications of that.

Each of these reports support, Council’s differing perspectives in the future of the SWLSX being:

1. as a responsible authority for land use planning;

2. as a business owner and investor; and

3. as a facilitator of economic development.

These are each considered below and in further detail in the attached reports. For completeness, it is noted that resolution 3b. Delegation of Authority and Procurement Compliance is not addressed in this report. The report pertaining to this is not directly relevant to the proposed recommendations and it will be considered separately by Council at a future date.

Council supported the following recommendation (4-3):

1. That Council cease to operate the South-West Victorian Livestock Exchange as a selling yards by 30 of June 2023.

2. That Council acknowledges employees engaged and involved at the South-West Victorian Livestock Exchange and thanks them for their continuing work and commitment to the provision of that service.

3. That Council acknowledges the dedicated support from the agents associated with the yards and the loyal producers over the years of operation.

4. That Council continue to engage with employees working at the South-West Victorian Livestock Exchange to ensure Council can minimise the impact, previous uncertainty and ultimate outcome of this decision on those employees.

5. That Council authorises the CEO to proceed with the required perimeter fencing and associated works required in response to the WorkSafe improvement notice which was issued in March 2022.

6. That Council commissions a future strategic land use plan for the site and adjacent buffer zone landholdings.

7. That Council authorises the CEO to utilise the CEO delegations to reallocate budgeted funds from the refurbishment of the saleyards to fund the future strategic land use plan (including associated community consultation) for the site. This reallocation and strategic plan should also include consideration of the truck wash service and effluent dump, and site rehabilitation and associated costs. Further, any unallocated funds from the refurbishment be returned to Council's unallocated reserves for future budget considerations as part of the annual budgeting process.


Under Council’s Governance Rules, Council is required to fix the dates, times and places of all Scheduled Council Meetings for the following 12 months at the first Council meeting following the Annual (Statutory) Meeting of Council.

The proposed Scheduled Council Meeting dates for the period February 2023 – December 2023 is contained within the recommendation.

Council supported the following recommendation (7-0):

That Council adopt the following Scheduled Council Meeting dates for 2023:-

- Monday 6 February 2023

- Monday 6 March 2023

- Monday 3 April 2023

- Monday 1 May 2023

- Monday 5 June 2023

- Monday 3 July 2023

- Monday 7 August 2023

- Monday 4 September 2023

- Monday 2 October 2023

- Monday 23 October 2023 – Annual Meeting

- Monday 6 November 2023

- Monday 4 December 2023


The Audit and Risk Committee (the Committee) is an independent advisory committee established under section 54 of the Local Government Act 2020.

A vacancy for an independent committee member recently opened due to the resignation of a previous member.

The charter for the Audit and Risk Committee states that Council must appoint independent members to the Committee and must appoint the chairperson.

An expression of interest for the vacant position was recently conducted, including advertising in local media and on Council’s website.

Candidates were reviewed and interviewed, and this recommendation is based on assessment of their skills, experience, and expertise.

Council supported the following recommendations (7-0):

1. That Richard Ainio be appointed as an independent member of Council’s Audit and Risk Committee for a four-year term starting November 2022, with full voting rights for the upcoming Committee meeting on 15 November 2022.

2. That Donna Porritt be appointed as the chairperson of the Audit and Risk Committee.


This report provides information on the progress in achieving the Activities & Initiatives set down for 2022-2023 as part of the Council Plan and Budget process. This report provides Council and the community with an update in the progress of actions across Councils' functional areas.

Council supported the following recommendation (7-0):

That the Activities & Initiatives 2022 – 2023: July – September (Quarter 1), be received.


This Quarterly Financial Report compares actual financial results to budget for the 3 months from 1 July 2022 to 30 September 2022.

The report sets out the financial results for Council’s recurrent (day-to-day) operations, projects, capital works, rates, and borrowings.

Overall the monthly actual results indicate a favourable financial position of $0.86m compared to the year-to-date budget.

This report meets the requirements of section 97 of the Local Government Act 2020 to present a quarterly financial report to Council at a public meeting that compares actual and budgeted results to date.

Council supported the following recommendation (7-0):

That the Quarterly Financial Report for the period July to September 2022 be received.


The Warrnambool City-Wide Housing Strategy 2013 recommends that Council monitor residential land supply across Warrnambool on an annual basis.

Council has undertaken an annual audit of residential land supply from 2016 to 2021 to monitor future demand levels. The most recent audit estimated there was sufficient land stocks to satisfy 22.7 years of demand across Warrnambool.

On 26 July 2022, the Australian Bureau of Statistics (ABS) updated its estimated resident populations for regions and local government areas in Australia. The updates use the results of the 2021 census and cover each year from 2017 to 2021, thereby superseding previously published population estimates that were based on the 2016 census. The new ABS data will have implications on Council’s strategic planning and forecasting for residential growth, as they do after every census.

Spatial Economics Pty Ltd were commissioned to undertake an independent and robust residential land supply and demand assessment with the new data that can be used to update existing residential land supply, as well as making predications for future demand levels. This includes the supply, demand, sales pricing, and analyses of historical and current residential development in Warrnambool.

The Spatial Economics Pty Ltd work presents three projected demand scenarios based on the most recently available evidence. It estimates that based on the identified supply and demand scenarios, there are sufficient land stocks to satisfy 23 to over 25 years of demand across Warrnambool. In addition, there are sufficient unzoned residential land stocks to satisfy an additional 25 plus years of demand for all three demand scenarios.

Housing affordability and maintaining adequate stocks of diverse housing supply are challenging issues across Regional Victoria and the nation that need innovative solutions. It is also recognised that different problems are likely to require different solutions whether it be crisis housing, social housing, affordable rentals, affordable mortgage properties or an increase in density levels. It is important to note that the Land Supply and Demand Assessment investigates residential land supply only and does not explore issues around housing typologies.

It is recommended that Council receive and endorse the Spatial Economics Pty Ltd work, known as Warrnambool Residential Land Supply and Demand Assessment (October 2022).

Council supported the following recommendation (7-0):

That Council endorse the Warrnambool Residential Supply and Demand Assessment (October 2022).


In 2013 Warrnambool City Council (‘Council’) supported the establishment of the Great Ocean Road Regional Tourism Board (GORRTB). GORRTB was established to lead the development, marketing, advocacy and management of tourism for the Great Ocean Road region. It takes in the geographical area from Torquay to the South Australian border, including the local government areas of Surf Coast, Colac Otway, Corangamite, Warrnambool, Moyne, and Glenelg.

Regional Tourism Boards are now in place across other regions of Victoria – Grampians, Murray, Alpine and High Country, Gippsland, and Daylesford-Macedon.

The GORRT Strategic Plan 2022-2025 – refer Attachment 2 details key achievements over the past five years, visitation data and the key strategic priorities to be implemented over the next three years.

GORRTB are seeking Council’s commitment to a three year funding commitment. The other five Local Government partners have committed to the three year commitment.

The proposed Memorandum of Understanding between GORRT Limited and the six municipalities is attached – refer Attachment 1. Council’s financial commitment in 2022/23 will be $152,665 (GST excl). The contribution in 2023/24 and 2024/25 will be the 2022/23 amount indexed at the lesser of CPI or the prescribed Local Government rate cap.

GORRTB have indicated that a review of the funding methodology will be undertaken in July 2024, one year in advance of the completion of this funding cycle.

In terms of reporting and accountability, GORRT will present to Council an annual business plan, provide six monthly progress reports and audited financial statements, and provide Council with statistical reports relating to the performance of the Visitor Economy

Council has an extensive work program scheduled that will require GORRT leadership, advocacy and partnership over coming years, including a reimagined future direction for Flagstaff Hill Maritime Village precinct, Warrnambool Art Gallery future development plans, a new Destination Action Plan for Warrnambool and a new Economic Development Strategy.

Council supported the following recommendation (7-0):

That Council enter into a Memorandum of Understanding with Great Ocean Road Regional Tourism Ltd to renew its financial membership over the three year period ending 30 June 2025.


In accordance with a previously passed resolution of Council, Councillors have requested that a basketball court be considered within the Foreshore precinct.

Officers have considered the suitability of a number of locations, including undertaking site inspections, and have reviewed current masterplans, precinct plans, and other strategic documents to help inform options presented in this report.

Collaboration between the Recreation and Culture Department and multiple teams within the City Infrastructure Directorate has informed this report.

This report is now presented to Council for information prior to officers developing a project plan and undertaking relevant consultation and seeking necessary approvals.

Council supported the following recommendation (5-2):

That Council support the progression of a project for a proposed multi-purpose court at the site identified near the Lawn Tennis Club and Mini Golf in the Lake Pertobe Precinct.


This report contains the record of one Reference Group meeting.

1. Cycling Reference Group – 24 August 2022 – refer Attachment 1.

Council received the report (7-0).


Section 80A(2) of the Local Government Act 1989 required the record of an Assembly of Councillors to be reported at an ordinary Council meeting.

Assembly of Councillor Records are no longer a requirement in the Local Government Act 2020 as of 24 October 2020. However, under Council’s Governance Rules, a summary of the matters discussed at the meeting are required to be tabled at the next convenient Council meeting and recorded in the minutes of that Council meeting.

The record of the following Informal Meetings of Council are enclosed:-

Monday 10 October 2022 – refer Attachment 1

Monday 17 October 2022 – refer Attachment 2

Monday 24 October 2022 – refer Attachment 3

Monday 31 October 2022 – refer Attachment 4

Council received the report (7-0).


Council received the report (7-0).

9. Notice of Motion

10. General Business

11. Urgent Business

12. Close of Meeting