NARACOORTE LUCINDALE COUNCIL COUNCIL POLICY 94 PUBLIC CONSULTATION AND COMMUNITY ENGAGEMENT

Transcription

1 RESPONSIBLE OFFICER: RELEVANT DELEGATIONS: Chief Executive Officer Manager Gvernance and Cmmunity Develpment LEGISLATION AND REFERENCES: Lcal Gvernment Act 1999 sectins 12, 50, 92, 122,123, 151, 156, 193, 194, 197, 198, 202, 223, 232, 249 and 259 Develpment Act 1993 and the Planning, Develpment and Infrastructure Act 2016, Rads (Opening and Clsing) Act 1991, Land Acquisitin Act 1969, Suth Australian Public Health Act 2011 and Burial and Crematin Act 2013 PURPOSE OF POLICY This plicy utlines hw Cuncil will undertake public cnsultatin and cmmunity engagement t achieve the fllwing actins listed in theme 5 f Cuncil s Strategic Plan: Engage with the cmmunity in Cuncil decisin making prcesses Infrm the cmmunity f Cuncil s prgress in the delivery f strategic bjectives Ensure transparency in Cuncil s respnsibilities and decisin making The Plicy sets ut the steps Cuncil will fllw in cases where the Lcal Gvernment Act (the Act) requires Cuncil t fllw its public cnsultatin plicy as well as setting ut the steps that Cuncil will fllw in ther cases invlving cuncil decisin-making. Cuncil is cmmitted t prviding pprtunities fr the cmmunity t cntribute t slutins and be invlved in its decisin making prcesses. While Cuncil encurages input frm the cmmunity and will take int cnsideratin cmmunity feedback, under the Lcal Gvernment Act 1999 the final decisin remains the respnsibility f the Cuncil Members. WHEN COUNCIL MUST UNDERTAKE PUBLIC CONSULTATION In cases where the Act requires Cuncil t fllw its public cnsultatin plicy Cuncil must: publish a ntice in a newspaper circulating within the area f the cuncil, usually the Naracrte Herald publish infrmatin n a website, usually and ensure that cpies f reprts and dcuments relating t the cnsultatin are available fr inspectin (withut charge) and purchase (n payment f a fee fixed by the cuncil) at the Cuncil ffice lcated at DeGaris Place, Naracrte at least 21 days befre the end f the perid fr public cnsultatin June 2017 Versin Page 1

2 The ntice in the newspaper and n the website must: describe the matter under cnsideratin invite interested persns t make submissins in relatin t the matter and prvide interested persns with at least 21 days t make submissins Sme r all f the fllwing may als be used t infrm the public r t gather feedback a sptlight n the My Lcal app prmte engagement pprtunities and activities via Scial Media a flyer included in rates ntices an article in ne f Cuncil s newsletters YurSay newsletter media releases feedback frms and surveys and nline engagement tls letters t residents and/r ther stakehlders (via hand delivery, pst r ) cmmunity engagement dcuments available at Cuncil venues such as the Library display at Cuncil venues and ther public places public events / meetings Cuncil meeting Additinal Prvisins fr cnsultatin In the fllwing instances cnsultatin must include either a public meeting r a meeting f Cuncil where members f the public may ask questins and make submissins and this must be advertised in the public ntice: Representatin Review Annual Business Plan Basis f Rating Basis f differential rates Cpies f reprts and dcuments that relate t the cnsultatin must be available at the meeting. When Cuncil must fllw its public cnsultatin plicy In accrdance with the Lcal Gvernment Act 1999 Cuncil must fllw its public cnsultatin plicy in the fllwing instances: Representatin Optins Paper (sectin 12 (7)) Status f a Cuncil / Change f Cuncil name (sectin 13) Principal Office manner, places and times at which its ffices will be pen t the public (sectin 45 (3)) June 2017 Versin Page 2

3 Prudential requirements fr certain activities (sectin 48 (2(d), 48(5), 48(6)) Preparatin, adptin and alteratin f a public cnsultatin plicy (sectin 50) Adpt, alter r substitute a Cde f Practice Access t meetings and dcuments (sectin 92(5)) Develpment and review f Cuncil s strategic management plans (sectin 122(6)) Adptin f Cuncil s annual business plan (sectin 123(3)) Befre Cuncil changes the basis f the rating f any land (including by impsing differential rates n land that has nt been differentially rated in the preceding financial year, r by n lnger impsing differential rates n land that has been differentially rated in the preceding financial year); r changes the basis n which land is valued fr the purpses f rating; r changes the impsitin f rates n land by declaring r impsing a separate rate, service rate r service charge n any land (sectin 151(5)) Prpsal t change the basis f differential rating f land (sectin 156 (14a)) Befre Cuncil reslves t exclude land frm classificatin as cmmunity land (sectin 193 (2)) Revcatin f classificatin f land as cmmunity land (sectin 194 (2)) Adptin f a management plan fr cmmunity land (sectin 197(1)) Amendment r revcatin f a management plan (sectin 198(2)) Alienatin f cmmunity land by lease r licence (sectin 202(2)), unless the granting f the lease r licence is authrised in an apprved management plan fr the land and the term f the prpsed lease r licence is five years r less; r the regulatins prvide, in the circumstances f the case, fr an exemptin frm cmpliance with a public cnsultatin plicy (sectin 202(3)) If Cuncil prpses t grant an authrisatin r permit that wuld result in any part f a rad being fenced, enclsed r partitined s as t impede the passage f traffic t a material degree; r in relatin t a use r activity fr which public cnsultatin is required under the regulatins, (sectin 223(1)) Befre a Cuncil plants vegetatin, r authrises r permits the planting f vegetatin, n a rad, if the vegetatin may have a significant impact n residents, the prprietrs f nearby businesses r advertisers in the area (sectin 232(b)) Passing by-laws (sectin 249) Prepare and adpt plicies relating t pwer t make rder (sectin 259(2)) Other Acts where this plicy may apply, but nt limited t, are the: Develpment Act 1993 and the Planning, Develpment and Infrastructure Act 2016 Rads (Opening and Clsing) Act 1991 Land Acquisitin Act 1969 Suth Australian Public Health Act 2011 Burial and Crematin Act 2013 Where there are legislative requirements fr cnsultatins under ther legislatin, then these take precedence ver the Public Cnsultatin and Cmmunity Engagement Plicy if there is any incnsistency. June 2017 Versin Page 3

4 WHEN COUNCIL CHOOSES TO INVOLVE THE COMMUNITY IN COUNCIL DECISION- MAKING When Cuncil chses t invlve the cmmunity in cuncil decisin-making, unless directed therwise by an Act, the fllwing steps will be fllwed: A reslutin by Cuncil t undertake cnsultatin that includes a clear statement f the prblem t be slved and identifies key stakehlders (A stakehlder is smene wh may be affected by r have a specific interest in the decisin r issue under cnsideratin). In cnsultatin with the Manager Gvernance and Cmmunity Develpment plan and select a level f cnsultatin (using the Public Participatin Spectrum) including the preparatin f a dcument that includes: a prject summary backgrund infrmatin hw peple can find ut mre and have a say what happens t their ideas and feedback Publish a ntice in a newspaper circulating within the area f the cuncil, usually the Naracrte Herald and publish infrmatin n a website, usually and Utilise sme r all f the fllwing t infrm the public r t gather feedback a sptlight n the My Lcal app prmte engagement pprtunities and activities via Scial Media a flyer included in rates ntices an article in ne f Cuncil s newsletters YurSay newsletter media releases feedback frms and surveys and nline engagement tls letters t residents and/r ther stakehlders (via hand delivery, pst r ) cmmunity engagement dcuments available at Cuncil venues such as the Library display at Cuncil venues and ther public places public events / meetings Cuncil meeting These steps may als be fllwed in cases where the Act requires Cuncil t fllw its public cnsultatin plicy. June 2017 Versin Page 4

5 RECORD KEEPING Maintain a recrd f cnsultatin activities including: Public ntices and hw infrmatin was shared Techniques used t cllect and cmpile input Events that were used t bring peple tgether such as public frums and meetings including a recrd f attendance and discussin Submissins and feedback received DECISION MAKING At the cnclusin f the cnsultatin perid Cuncil must cnsider any submissins made in respnse t an invitatin t make submissins at a meeting f Cuncil r Cuncil Cmmittee. A reprt will be prvided t Cuncil r a Cuncil Cmmittee that: includes an utline f public cnsultatin undertaken a summary f submissins and feedback received takes int accunt feedback and prvides Cuncil Members with the infrmatin and sufficient time t infrm their final decisin recmmends actins r decisins Cuncil members will: Cnsider the utcmes f the cnsultatin Weigh up and deliberate the infrmatin, facts and recmmendatins presented Make final decisins ACKNOWLEDGEMENT OF SUBMISSIONS AND FEEDBACK Where practical, a reprt will be prvided t stakehlders wh cntributed t the cnsultatin, the utcmes and hw their cntributin was cnsidered. INFLAMMATORY OR OFFENSIVE SUBMISSIONS AND FEEDBACK Where submissins r cmments received are inflammatry r ffensive, the fllwing will ccur: if the feedback is relevant, the ffensive language will be remved, while maintaining the integrity f the submissin in cases where the submissin r cmment is nt related t the questin r tpic and / r is f threatening r inflammatry cntent, the respnse will be remved frm all Cuncil reprts and submissin summaries. June 2017 Versin Page 5

6 PUBLIC PARTICIPATION SPECTRUM IAP2's Public Participatin Spectrum will assist Cuncil with the steps t fllw when engaging the cmmunity in Cuncil decisin making prcesses. Infrm Cnsult Invlve Cllabrate Empwer Public participatin gal T prvide the public with balanced and bjective infrmatin t assist them in understanding the prblem, alternatives, pprtunities and/r slutins. T btain public feedback n analysis, alternatives and / r decisins. T wrk directly with the public thrughut the prcess t ensure that public cncerns and aspiratins are cnsistently understd and cnsidered. T partner with the public in each aspect f the decisin including the develpment f alternatives and the identificatin f the preferred slutin. T place final decisin making in the hands f the public. Minimum cnsultatin Public ntices and advertisement Infrmatin n website Scial media My Lcal app sptlight Invite public cmment Appear befre Cuncil r a Cuncil cmmittee t be heard n submissins Petitins Deputatins Reprt t stakehlders wh cntributed t the cmmunity engagement Public event such as: Meeting with stakehlders Wrkshp Wrking grups Fcus Grups Public invlvement via Surveys & questinnaires Online engagement tls Interviews Deliberate plling Infrmal sessins targeting high traffic areas Sectin 41 Cmmittee Cuncil meeting June 2017 Versin Page 6

7 POLICY REVIEW This plicy will be reviewed every fur years. Future reviews will be subject t the prvisins f Sectin 50 f the Lcal Gvernment Act AVAILABILITY OF POLICY The public may inspect a cpy f this plicy, withut charge, at the Cuncil s Naracrte and Lucindale ffices during ffice hurs, and may btain a cpy fr a fee fixed by Cuncil. The Plicy is als available n Cuncil s website REFERENCES Internatinal Assciatin fr Public Participatin - Planning fr Effective Public Participatin and Techniques fr Effective Public Participatin. ADOPTION AND AMENDMENT HISTORY Date Authrised by Minute Reference June 2021 Next review June 2017 Cuncil 299/17 May 2013 Cuncil MAJOR REVIEW Reslutin 13/14 26 July 2011 Cuncil MAJOR REVIEW - Reslutin 55/12 18 December 2007 Cuncil Review - Reslutin 216/08 19 December 2006 Cuncil Review - Reslutin 273/07 28 February 2006 Cuncil Review - Reslutin 196/06 26 September 2000 Cuncil Plicy Adpted June 2017 Versin Page 7