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Regulatory
Committee
10 May 2022
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Note: a
roll-call was conducted that ascertained the following members were in
attendance at the commencement of the meeting.
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Member
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Member
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Cr L Cooper
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ü
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IMSB Chair D Taipari
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x
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Cr J Bartley
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ü
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IMSB Member G Wilcox
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ü
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Cr C Casey
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ü
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Cr S Stewart
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ü
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Cr E Collins
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ü
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Cr P Young
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ü
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Cr S Henderson
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ü
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Mayor P Goff (Ex-officio)
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x
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Cr D Newman
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ü
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Deputy Mayor B Cashmore (Ex-officio)
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x
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1 Apologies
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Resolution number REG/2022/14
MOVED by Cr L Cooper, seconded by Cr J
Bartley:
That the Regulatory Committee:
a)
accept the apologies
from
Absence
Mayor P Goff
IMSB Chair David Taipari
Lateness
Deputy Mayor B Cashmore
Early Departure
Cr S Henderson
CARRIED
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Note: An
apology had been received for Deputy Mayor B Cashmore for lateness on council
business, however the meeting had concluded before Deputy Mayor B Cashmore
could attend.
Note: Subsequently,
Cr S Henderson did not depart early.
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2 Declaration
of Interest
There were no
declarations of interest.
3 Confirmation
of Minutes
4 Petitions
There were no
petitions.
5 Public
Input
There was no
public input.
6 Local
Board Input
There was no local
board input.
7 Extraordinary
Business
There was no
extraordinary business.
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9
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Summary of Confidential Decisions and
related information released into Open
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Resolution
number REG/2022/17
MOVED by Cr E Collins, seconded by Cr S Stewart:
That
the Regulatory Committee:
a) note
the confidential decision and related information that is now publicly
available:
i) Appointment of Panel member to the National
Policy Statement – Urban Development plan change Independent Hearing
Panel
CARRIED
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10
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Summary of Regulatory Committee Information
- updates, memos and briefings - 10 May 2022
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Resolution
number REG/2022/18
MOVED by Cr L Cooper, seconded by IMSB Member G Wilcox:
That
the Regulatory Committee:
a) note
the progress on the forward work programme appended as Attachment A of the
agenda report.
b) receive
the summary of Regulatory Committee report 10 May 2022.
CARRIED
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11
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Determination of objection to menacing
classification - Mr Xian Peng Song
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The hearing
commenced at 10.11am in relation to the objection against
the menacing dog classification (Xuan).
The objector
Xian Peng Song was in
attendance and addressed the committee and responded to questions.
Chrisna
Nortje - Principal Specialist Animal Management, Rosie Argle – Solictor
and Carly Triska - Team Leader Animal Mgmt Central addressed the committee
and outlined the classification and responded to questions.
The objector
was given the opportunity to reply to the matters raised by council and
provide the committee with final comments.
The hearing concluded at 10.38am.
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Procedural motion to exclude the public
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Resolution
number REG/2022/19
MOVED by Cr L Cooper, seconded by Cr E
Collins:
That the Regulatory Committee:
a)
exclude the public
from the following part(s) of the proceedings of this meeting.
The general
subject of each matter to be considered while the public is excluded, the
reason for passing this resolution in relation to each matter, and the
specific grounds under section 48(1) of the Local Government Official
Information and Meetings Act 1987 for the passing of this resolution follows.
This resolution is
made in reliance on section 48(1)(a) of the Local Government Official
Information and Meetings Act 1987 and the particular interest or interests
protected by section 6 or section 7 of that Act which would be prejudiced by
the holding of the whole or relevant part of the proceedings of the meeting
in public, as follows:
11 Determination
of objection to menacing classification - Mr Xian Peng Song
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Reason for passing this resolution in relation to each matter
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Particular interest(s) protected (where applicable)
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Ground(s) under section 48(1) for the passing of this
resolution
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The
public conduct of the part of the meeting would be likely to result in the
disclosure of information for which good reason for withholding exists
under section 7.
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s7(2)(i) -
The withholding of
the
information is necessary
to enable
the local authority
to carry on,
without prejudice
or disadvantage,
negotiations
(including
commercial and
industrial negotiations).
In
particular, the
deliberations
of the decision
could
compromise the
council in
undertaking
without
prejudice
negotiations
of this objection
pursuant to
section 33A of
the Dog
Control Act 1996
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s48(1)(a)
The
public conduct of the part of the meeting would be likely to result in the
disclosure of information for which good reason for withholding exists
under section 7.
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The text of these resolutions is made available to the public who are present
at the meeting and form part of the minutes of the meeting.
CARRIED
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10.40am The
public was excluded.
Resolutions in
relation to the confidential items are recorded in the confidential section of
these minutes and will be available in the open minutes.
10.54am The
public was re-admitted.
restatementS
It was resolved
while the public was excluded:
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11
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Determination of objection to menacing classification -
Mr Xian Peng Song
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Resolution number REG/2022/14
MOVED by Cr D Newman, seconded by Cr C Casey:
That
the Regulatory Committee:
a) hear
and determine the objection to the menacing classification, and
b) uphold
the classification.
Restatement
c) agree
that the matter remain confidential until the conclusion of the hearing and
then be restated in the open minutes.
CARRIED
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Reason for decision:
Mr Song initially denied that his
dog attacked another dog on 22 September 2020. He later changed his statement
and stated that his dog was provoked by the victim dog and repeated that at
this hearing. However, it is the responsibility of a dog owner to control
their dog at all times.
Mr Song challenged the
infringement notice issued in respect of the attack and the Court upheld the
infringement notice thereby confirming his responsibility for the offence and
required Mr Song to pay reparations to the victim dog’s owner for vet
costs.
Mr Song stated in his evidence
that his dog does not like little dogs or puppies as it was bitten by a small
dog when it was young. He also stated that his dog had previously attacked
another dog and he had paid the vet costs associated with that incident.
The Committee is satisfied based
on the information and evidence presented at the hearing that Mr Song’s
dog has attacked other dogs on at least two occasions requiring veterinary
care for the victim dogs. The Committee considers that Mr Song’s dog
continues to pose a threat to other animals, particularly small dogs.
Mr Song has not informed Animal
Management of any steps he has taken to prevent the threat posed by his dog
to other persons or animals. When questioned by the Committee, Mr Song
confirmed he was not willing to have the dog neutered as he may wish to breed
in the future and does not muzzle his dog.
The Committee is not satisfied
that the matters raised by Mr Song are a sufficient basis to uphold his
objection given the clear evidence of past attacks, threat of further
attacks, and the lack of any steps taken to accept responsibility for his
dog’s behaviour or address the threat posed by his dog to other
animals.
The Committee resolves to uphold
the menacing classification.
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12 Consideration
of Extraordinary Items
There was no
consideration of extraordinary items.
10.54am The
Chairperson thanked Members for their attendance and attention to business and
declared the meeting closed.
CONFIRMED AS A TRUE AND CORRECT RECORD AT A MEETING OF
THE Regulatory Committee HELD ON
DATE:.........................................................................
CHAIRPERSON:.......................................................
