Background/scope

The Bridge Street Quarry Development Advisory Committee is constituted under Section 264 of the Local Government Regulation 2012, which empowers the Council to appoint advisory committees.

Tenure of the committee

The Bridge Street Quarry Development Advisory Committee will be established by Council for a term expiring upon Council entering the caretaker period prior to the next Queensland Local Government quadrennial election, unless disbanded earlier by Council resolution.

Purpose

The purpose of the Bridge Street Quarry Development Advisory Committee is to provide high level leadership, advice and recommendations on the functions and responsibilities listed below.

Functions

The functions of the Bridge Street Quarry Development Advisory Committee are:

• to advise council on the major principles and strategic direction for the development of the site, having consideration to and general alignment with the Bridge Street Quarry Redevelopment Feasibility Study 2018 (KPMG)
• to investigate, advise and make recommendations to Council on development, governance and management options for the Bridge Street Quarry site including issues, benefits and opportunities of different options
• to advise Council on funding, investment, and partnership opportunities directly aligned with the redevelopment of the site including Council, other government, private and philanthropic sources
• to advise and assist Council to advance the existing technical work previously undertaken, including the Bridge Street Quarry Redevelopment Feasibility Study 2018 (KPMG)
• to investigate, and provide information and advice to Council on market opportunities, including tourism, to inform a future commercial investment strategy.

Membership

1. The Bridge Street Quarry Development Advisory Group will consist of up to 15 members, plus up to 3 additional external advisors as required, as follows:

A Chairperson – a Councillor or their delegate, appointed by Council (1)

Up to an additional four (4) Councillors as required from time to time being a Portfolio Representative from each Committee with the exception of the Finance and Business Strategy and Economic Development

Up to four (4) representatives, comprising up to one representative from each of the following community groups:

Friends of Quarry Gardens (1)

Toowoomba Mountain Bike Club (1)

Friends of Escarpment Parks (1)

Toowoomba Bushwalkers Club (1)

One (1) representative from Southern Queensland Country Tourism

One (1) Aboriginal and Torres Strait Islander representative

One (1) representative from either Toowoomba & Surat Basin Enterprise (TSBE) or the Toowoomba Chamber of Commerce

One (1) resident of Bridge Street in East Toowoomba (east of Mackenzie Street), who is not a member of, or affiliated with the community groups, TSBE, Toowoomba Chamber of Commerce or Southern Queensland Country Tourism, and who can inform about potential resident issues arising from redevelopment of the Bridge Street Quarry site

Staff subject matter experts. Four (4) staff members nominated by the Chief Executive Officer reflecting the scope of functions of the Advisory Group at any point in time:

Strategic Planning & Economic Development

Infrastructure Services Group

Parks & Recreation

Stakeholder Engagement & Communication

Community Development Facilities and Tourism

Water and Waste Services.

Up to three (3) external third parties with expertise relevant to the scope of functions only as required. These places will change to reflect the current priorities of the Bridge Street Quarry Development Advisory Committee.

b. Appointment of a Deputy Chairperson (1) as elected by the Members of the Advisory Committee from the membership of the Bridge Street Quarry Advisory Committee, excluding Toowoomba Regional Council officer representatives.

c. Appointment of Aboriginal and Torres Strait Islander representative to the Advisory Committee will be made by Council by seeking a nomination from the Aboriginal and Torres Strait Islander Advisory Committee (ATSIAC).

d. Appointment of listed community group representatives and resident representative will be made by Council after nominations have been invited in newspapers circulating in the area seeking expressions of interest. The residents of Bridge Street in East Toowoomba (east of Mackenzie Street) as detailed above will also be contacted directly by mailed letter requesting nominations to the Bridge Street Quarry Development Advisory.

e. If any Member of the Advisory Committee absent from two consecutive general meetings without having obtained leave of absence from the ‘committee, the Member’s continued membership of the Advisory Committee will be referred to the Chief Executive Officer (Council) for determination.

f. The committee can take presentations from third parties as required.

g. The General Manager, Planning and Development Group, or nominee, will provide appropriate advice and administrative support to assist the Advisory Committee to meet its obligations.

Resignation and replacement of the advisory group members

a. A committee member may resign at any time by way of written or emailed advice to the Chairperson.

b. When a resignation is received, the resigning Member’s position may be replaced as follows:

Where such resignation is a Toowoomba Regional Councillor representative, the Council may appoint a suitable replacement representative.

Where such resignation is from a community group, resident, or Aboriginal and Torres Strait Islander representative, Council will fill the vacancy from previously submitted expressions of interest or should there be no further suitable / available candidates, call for expressions of interest for a suitable replacement unless the resignation is received less than six months from the maximum term of the committee.

c. Where such resignation is from Southern Country Tourism, TSBE or Toowoomba Chamber of Commerce, the nominating agency may at its discretion nominate a replacement.

d. Where such resignation is from a Toowoomba Regional Council Officer, the Chief Executive Officer will nominate a replacement reflecting the scope of functions of the Advisory Group at that point in time.

Acting chairperson

If the Chairperson is absent or unavailable to preside, the meeting shall be presided over by the Deputy Chairperson.

Quorum

The Quorum for the Advisory Group General Meetings will be a minimum of 51% of the membership.

Times and places for meetings

• General meetings will be held monthly, on a regular day, time and place decided by the majority of the advisory committee at its first meeting, for an initial period 12 months. The meeting frequency will be reviewed by the Advisory Committee after 12 months at which time the committee will make a recommendation to Council regarding the continued meeting frequency for the remainder of the term.
• Additional meetings and/or site inspections may be scheduled as and when required. Attendance at additional meetings or site inspections shall be discretionary.
• Proxies are not permitted for Advisory Committee members, except for Councillors and Council officers.
• Toowoomba Regional Council will generally be responsible for providing a suitable venue for meetings.

Meeting procedures

Unless otherwise provided in these Terms of Reference, the Advisory Committee will generally adopt informal meeting procedures. Where more formal procedures are required, the procedures described in Council's Standing Orders will apply.

Voting

Recommendations and outcomes of the meeting should be reached by consensus. If consensus is not able to be reached:

• each Member of the Advisory Committee may vote on business before the committee, except where the Member has a conflict of interest;
• voting must be open, and questions decided by the majority of the votes of the Members present
• each Member will have one vote only on any motion, however, if the votes are equal the Chair has a casting vote
• if a Member present fails to vote, the Member is taken to have voted in the negative.

Conflict of interest

• The Advisory Committee aims to deliberate information, and develop collective advice and recommendations, in a balanced manner that considers the interests of the public.
• Where Advisory Committee members have a conflict of interest or could reasonably be taken to have a conflict of interest, in an issue being considered or to be considered at the meeting, the Member must declare the conflict of interest to the meeting and must not be present while the matter, or related matter, is being considered by the Committee or otherwise take part in any decision of the Committee in relation to the matter or related matter, is being considered by the Committee or otherwise take part in any decision of the Committee in relation to the matter or related.
• For the purposes of this clause, a Member has a conflict of interest in an issue if there is a conflict between the Member's private interest and the public interest.

Open to the public

General meetings are to be open to the public, except where confidential matters are discussed.

• When the Committee proposes to close a meeting to the public, the Chair will direct all persons, other than members of the Committee, to leave the meeting and every person will immediately comply with the direction.
• Non-members may, with the permission of the Chair, address the Advisory Committee on any item of business listed on the agenda however, a non-member will not vote on any matter at an Advisory Committee.

Confidential matters

• Should matters of a confidential nature be discussed at the meeting, the meeting may be closed to the public in accordance with Section 275(1) of the Local Government Regulation
• A person who is or has been a member of the Advisory Group must not make improper use of information acquired as a Member to:
  • gain, directly or indirectly, a financial advantage for the person or someone else;
  • harm the local government; or
  • release information that the person knows, or should reasonably know, is information that is confidential.

¹ 275 Closed meetings

A local government or committee may resolve that a meeting be closed to the public if its councillors or members consider it necessary to close the meeting to discuss—

• the appointment, dismissal or discipline of employees; or
• industrial matters affecting employees; or
• the local government’s budget; or
• rating concessions; or
• contracts proposed to be made by it; or
• starting or defending legal proceedings involving the local government; or
• any action to be taken by the local government under the Planning Act, including deciding applications made to it under that Act; or
• other business for which a public discussion would be likely to prejudice the interests of the local government or someone else, or enable a person to gain a financial advantage.

Reporting

• Agendas are to be distributed to the Advisory Committee Members 5 business days prior to the scheduled meeting. A call for matters to be listed on the agenda will be distributed 10 business days prior to the scheduled meeting.
• Minutes are to be kept of all meetings.
• The Advisory Committee must submit a report from each meeting, in the form of minutes of the meeting, to the Chief Executive Officer of Council, who will list the minutes and any recommendations for Council’s consideration on an agenda of a meeting of a Council Committee.
• Day-to-day contact with Council will be through the Strategic Planning and Economic Development Branch appointed representative, or as otherwise delegated by the Chief Executive Officer.

Review of terms of reference

• The terms of reference for this Advisory Committee shall be reviewed by the sitting Committee annually, with the initial review being at its meeting 12 months after the Committee is first established.
• Council may review the terms of reference at any time in response to changing legislative requirements or the business needs of Council.

Sub-committees

The Advisory Committee has the authority to establish special interest sub-groups and working groups as required to address specific matters identified by the Advisory Committee. These sub- groups (established under the same terms and conditions as the Advisory Committee) are to report back to the Advisory Committee.

Media contact

Media statements will only be made by the Chairperson.

Remuneration

The Council will not generally authorise payment or provide remuneration to members of the Advisory Committee, however, where special circumstances exist, Council may resolve to reimburse expenses to members of the Advisory Group.

Insurance

The Council will ensure that all members of the Advisory Committee are covered by appropriate insurances (eg. voluntary workers public indemnity).

Relevant legislation

Council’s role and obligations are directed, without limitation, by the following laws and regulations, as amended from time to time:

• Local Government Act 2009
• Local Government Regulation 2012
• Environmental Protection Act
• Queensland Mining & Quarrying Safety and Health Act 1999
• Queensland Mining & Quarrying Safety and Health Regulation 2017
• Council's Planning Scheme