NAMBUCCA

SHIRE COUNCIL

 


Ordinary Council Meeting

AGENDA ITEMS

15 October 2009

 

Council has adopted the following Vision and Mission Statements to describe its philosophy and to provide a focus for the principal activities detailed in its Management Plan.

 

Our Vision

 

Nambucca Valley ~ Living at its best.

 

Our? Mission Statement

 

?The Nambucca Valley will value and protect its natural environment, maintain its assets and infrastructure and develop opportunities for its people.?

 

Our Values in Delivery

 

?                Effective leadership

?                Strategic direction

?                Sustainability of infrastructure and assets

?                Community involvement and enhancement through partnerships with Council

?                Enhancement and protection of the environment

?                Maximising business and employment opportunities through promotion of economic development

?                Addressing social and cultural needs of the community through partnerships and provision of facilities and services

?                Actively pursuing resource sharing opportunities

 

Council Meetings:? Overview and Proceedings

 

When are Council Meetings Held?

 

Council meetings are held on the first and third Thursday of each month commencing at 5.30 pm.? Council meetings are held in the Council Chamber at Council's Administration Centre?44 Princess Street, Macksville.

 

Confidential items (ie Items for Closed Meeting) are dealt with at the end of the Ordinary (Open) meeting.? This session of a Council meeting is closed to the media and general public.? The Council then returns to Open Meeting and any members of the public are welcome to attend.

 

How can a Member of the Public Speak at a Council Meeting?

 

Members of the public are welcome to attend meetings and address the Council providing the item is listed on the agenda.? Registration to speak may be made by telephone or in person before 2.00 pm on a meeting day.? These items will be brought forward at 5.30 pm in agenda order, and dealt with before other items.? Public addresses are limited to five (5) minutes per person with a limit of two people speaking for and two speaking against an item.?

 

Speakers should address issues and refrain from making personal attacks or derogatory remarks.? You must treat others with respect at all times.

 

Meeting Agenda

 

These are available from the Council's Administration Building, the Regional Libraries in Macksville and Nambucca Heads as well as outlets in all towns and villages of the Shire.

 

NAMBUCCA SHIRE COUNCIL

 

Ordinary Council Meeting - 15 October 2009

 

Acknowledgement of Country????????? ? (Mayor)

 

I would like to Acknowledge the Gumbaynggirr people who are the Traditional Custodians of this Land.? I would also like to pay respect to the elders both past and present and extend that respect to any Aboriginals present.

 

AGENDA?????????????????????????????????????????????????????????????????????????????????????????????????? Page

 

1??????? APOLOGIES

2??????? PRAYER

3??????? DISCLOSURE OF INTEREST

4??????? CONFIRMATION OF MINUTES ? Ordinary Council Meeting - 1 October 2009

5??????? DELEGATIONS?Motion to hear Delegations

6??????? ASKING OF QUESTIONS WITH NOTICE ??

7??????? QUESTIONS FOR CLOSED MEETING WHERE DUE NOTICE HAS BEEN RECEIVED

8??????? General Manager Report

8.1???? Outstanding Actions and Reports

8.2???? 2009-2010 Christmas Holidays Closure for Nambucca Shire Council

8.3???? Legal Advice on the Transfer of Pioneer Community Centre to Bowraville Community Development Association

8.4???? Financial Reports 30 June 2009 - Statement under Sect. 413 ?

9??????? Director Environment and Planning Report

9.1???? DAs and CDCs Received and Determined under Delegated Authority 21 September-2 October 2009

9.2???? DEP Applications and Statistical Reports July 2009-June 2010, 2002-2009 and Certificates Received 2004-2009

9.3???? Outstanding DAs greater than 12 months, applications where submissions received not determined, 2 October 2009

9.4???? Contract Regulatory Officer's Report - September 2009

9.5???? Report on Access Committee meetings held 25 August and 22 September 2009

9.6???? Report on Guidelines for Sediment and Erosion Control

9.7???? Report on Strategic Companion Animals Management Plan (SCAMP)

10????? Director Engineering Services Report

10.1?? Off River Storage Project - Public Exhibition of Environmental Impact Statement

10.2?? Bridge Names - Lovedays Bridge ?

11????? General Purpose Committee 14 October 2009 - REPORT

11.1?? Report on DA2009/086 - 2 Lot Rural Subdivision, 883 Lower Buckrabendinni Road, Bowraville (8.1 )

11.2?? Report on Control of Burning Policy (8.2 )

11.3?? Scotts Head Master Plan - Presentation by Department of Lands and Integrated Site Design (ISD) (9.1 )

11.4?? Coronation Park - Construction of Amenities (9.2 )

11.5?? Bitumen Sealing in Front of Homes (9.3 )

11.6?? Climate Change - Achievement of Milestone 1 (9.4 )

12????? ASKING OF QUESTIONS WITHOUT NOTICE


13????? General Manager's Summary of Items to be Discussed in Closed Meeting

13.1?? Local Adaptation Pathways Program (LAPP) Climate Change Adaptation Project selection of a Service Provided

It is recommended that the Council resolve into closed session with the press and public excluded to allow consideration of this item, as provided for under Section 10A(2) (d) of the Local Government Act, 1993, on the grounds that the report contains commercial information of a confidential nature that would, if disclosed (i) prejudice the commercial position of the person who supplied it; or (ii) confer a commercial advantage on a competitor of the Council; or (iii) reveal a trade secret.

??

??????????? a????? Questions raised by Councillors at 7 above

 

?????? i???????? MOTION TO CLOSE THE MEETING

?????? ii??????? PUBLIC VERBAL REPRESENTATIONS REGARDING PROPOSAL

???? TO CLOSE

?????? iii?????? CONSIDERATION OF PUBLIC REPRESENTATIONS

?????????????????? iv??????? DEAL WITH MOTION TO CLOSE THE MEETING

14????? MEETING CLOSED TO THE PUBLIC

15????? REVERT TO OPEN MEETING FOR DECISIONS IN RELATION TO ITEMS DISCUSSED IN CLOSED MEETING.


NAMBUCCA SHIRE COUNCIL

 

 

DISCLOSURE OF INTEREST AT MEETINGS

 

 

Name of Meeting:

 

Meeting Date:

 

Item/Report Number:

 

Item/Report Title:

 

 

 

I

 

declare the following interest:

????????? (name)

 

 

 

 

Pecuniary ? must leave chamber, take no part in discussion and voting.

 

 

 

Non Pecuniary ? Significant Conflict ? Recommended that Councillor/Member leaves chamber, takes no part in discussion or voting.

 

 

Non-Pecuniary ? Less Significant Conflict ? Councillor/Member may choose to remain in Chamber and participate in discussion and voting.

 

For the reason that

 

 

 

 

 

 

Signed

 

Date

 

 

 

 

 

Council?s Email Address ? council@nambucca.nsw.gov.au

 

Council?s Facsimile Number ? (02) 6568 2201

 

(Instructions and definitions are provided on the next page).

 


Definitions

 

(Local Government Act and Code of Conduct)

 

 

Pecuniary ? An interest that a person has in a matter because of a reasonable likelihood or expectation of appreciable financial gain or loss to the person or another person with whom the person is associated.

(Local Government Act, 1993 section 442 and 443)

 

A Councillor or other member of a Council Committee who is present at a meeting and has a pecuniary interest in any matter which is being considered must disclose the nature of that interest to the meeting as soon as practicable.

 

The Council or other member must not take part in the consideration or discussion on the matter and must not vote on any question relating to that matter. (Section 451).

 

 

Non-pecuniary ? A private or personal interest the council official has that does not amount to a pecuniary interest as defined in the Act (for example; a friendship, membership of an association, society or trade union or involvement or interest in an activity and may include an interest of a financial nature).

 

If you have declared a non-pecuniary conflict of interest you have a broad range of options for managing the conflict.? The option you choose will depend on an assessment of the circumstances of the matter, the nature of your interest and the significance of the issue being dealt with.? You must deal with a non-pecuniary conflict of interest in at least one of these ways.

 

?        It may be appropriate that no action is taken where the potential for conflict is minimal.? However, council officials should consider providing an explanation of why they consider a conflict does not exist.

?        Limit involvement if practical (for example, participate in discussion but not in decision making or visa-versa).? Care needs to be taken when exercising this option.

?        Remove the source of the conflict (for example, relinquishing or divesting the personal interest that creates the conflict or reallocating the conflicting duties to another officer).

?        Have no involvement by absenting yourself from and not taking part in any debate or voting on the issue as if the provisions in section 451(2) of the Act apply (particularly if you have a significant non-pecuniary conflict of interest).

 

??


Ordinary Council Meeting

15 October 2009

General Manager's Report

ITEM 8.1????? SF959????????????? 151009???????? Outstanding Actions and Reports

 

AUTHOR/ENQUIRIES:???? Michael Coulter, General Manager ????????

 

Summary:

 

The following table is a report on all outstanding resolutions and questions from Councillors (except development consents, development control plans & local environmental plans). Matters which are simply noted or received, together with resolutions adopting rates, fees and charges are not listed as outstanding actions. Where matters have been actioned they are indicated with strikethrough and then removed from the report to the following meeting. Please note that the status comments have been made one week before the Council meeting.

 

 

 

Recommendation:

 

That the list of outstanding actions and reports be noted and received for information by Council.

 

 

 

 

No

FILE

NO

COUNCIL

MEETING

SUMMARY OF MATTER

ACTION

BY

STATUS

JULY 2008

1

Item 9.9

03/07/08

Council make representation to Minister for Lands seeking agreed compensation for subdivision of Reserve 91694

 

GM

Letter sent 15/07/08.

Follow up letter sent 14/11/2008.

Minister for Lands has advised by letter dated 8/1/09 that land will be made available to Council as per the agreement following finalisation of an Aboriginal Land Claim.

Follow up letter sent 9 April.

 

2

Item 11.4

03/07/08

That a new plan of management be prepared for Farringdon Playing Fields

DES

Awaiting outcome of grant application before proceeding.

Outcome of grant expected early December but not yet received.

Funding declined.? Work on preparing plan to be scheduled.

Interested parties will need to identify potential uses for inclusion in revised plan of management.

Local cricket and soccer associations to be contacted regarding use of the fields.

No response as at 22 June 2009.

 

Consider no interest.? Prepare draft plan November 2009.

 

Preparation of Plan of Management commenced.

 

Request for information made to Committee of Management, Nambucca Heads Local Aboriginal Land Council, DECC


 

OCTOBER 2008

3

RF256

 

16/10/08

Notice of Motion - Riverbank Erosion - Riverside Drive Nambucca Heads ? report re geotechnical engineers re stability of Riverside Drive

 

 

DES

 

Subject to GHD undertaking evaluation.

Separate assessments underway for:

 

Ellis Ave & Doyle Lane Landslips:

????? Survey complete. GHD site mapping complete. Lab testing completed.? Property boundaries defined. Concepts 2 weeks, report 6 weeks.

 

Catchment Assessment:

?????? Draft report received on 21 August 2009

????? Under review by Council staff.

 

Draft returned to GHD with comments.

 

NOVEMBER 2008

4

SF544

6/11/08

Council review biennial the Community Infrastructure and Infrastructure Needs Study and review annually the Section 94 Community Facilities and Open Space Contributions Plan Works Schedule.

 

GM

Report November 2009

DECEMBER 2008

 

5

SF688

4/12/08

That during the first half of 2009/10?? Council call for community input into a new Environmental Levy program for the 5 year period to the end of 2014/2015.

 

DEP

Programmed for September 2009.

Ads to appear 17 September 2009.

 

Submissions being received and considered.

 

It is proposed to prepare a brochure on the achievements of the Environmental Levy over the past 4? years and to undertake a community survey on the continuation on the Environmental Levy and includes the Committees views on this Council?s commitment to Climate Change.

 

Questions in survey to be referred to Council.

 

 

6

SF1046

18/12/08

That the Wellington Drive component of the Urban Design Strategy be deferred pending a further report to Council in relation to further studies re land slip, rising sea level and traffic/parking.

 

DEP

Report March 2009.

Deferred in Draft Budget.

16 April 2009 meeting.

Deferred until draft Nambucca River Master Plan prepared.

 

 

FEBRUARY 2009

 

7

SF241

5/02/09

That a new plan of management for the reserve within Kingsworth Estate be prepared by DES.? To include pedestrian and vehicular access arrangements and management of environmental values.

 

DES

October 2009

 

Preparation of Plan of Management commenced.

 

Requests for information sent to Nambucca Heads Local Aboriginal Land Council and DECC

 

8

SF869

19/02/09

Council write to Country Energy concerning energy being wasted with street lighting at the Pearl Estate off the Pacific Highway at Valla, pointing out there are no houses and the road is blocked to prevent access.

 

DES

DES to meet Country Energy to discuss further.

Meeting 15 June 2009?Cancelled

Now 13 July 2009

Country Energy advises:

??????? Council can nominate a future time to energise the lights rather than with subdivision release

??????? There have been a number of faulty light sensitive cells installed that are allowing lights to turn on during the day

??????? They will shortly be reconsidering energy saving street lamps for new and replacement situations

??????? The annual report from Country Energy will shortly be available.

A full report will be prepared on all these matters when the annual report arrives.

 

 

MARCH 2009

 

9

DA09/049

5/03/09

The RTA requested to revise the speed limit along the Pacific Highway at Bellwood to 50km/hr.

 

DES

Letter sent.

No response as at 24 March 2009.

RTA advised 6 April 2009 that they will review and advise Council of outcome.

Follow up letter sent to RTA.

Verbal advise that on-site assessment done.

Verbal request to provide a response.

No written notification 10 August 2009.

No written notification 21 August 2009.

 

Further requests for response made 3 Sept 2009.? No written notification as at 21 Sept.

No reply as at 30 September 2009.

 

 

10

SF791

19/03/09

That a report back to the Land Development Committee on the outcome of advertising for expressions of interest for the purchase and development of industrial land in Nambucca Heads.

 

 

GM

Report to come back following advertising.

 

DES to investigate potential for closure of part of the road to add to the industrial land.

 

Surveyor to identify services and boundaries.

 

Services already allowed for in lot plan.

 

 

APRIL 2009

 

11

SF959

16/04/09

Sub-Committee continue a review of Draft Management Plan so that it can be presented to Council in March 2010.

Clrs

A report is to be prepared to the Sub-Committee on a staged process for reviewing the Draft Management Plan.? Report to be completed by June 2009.? Subcommittee to report by March 2010.

Review will now have to be in accordance with new legislation.? Meeting date for Committee is 10 August 2009.

Next meeting for Councillors Court, Flack, Smyth and South is scheduled for 9.00 am Meeting held Monday 24 August 2009.

Meeting held 8 Sept 2009.

Next meeting scheduled for 30 Sept 2009.

 

 

12

SF1305

16/04/09

Council make representations to the Minister for Emergency Services and Minister for Roads to seek funding for the repair of landslips in Nambucca Heads which occurred as a consequence of the flood events in February and March 2009.? Also that Council make representations to the Insurance Council for the provision of insurance for land slip damage.

 

GM

Letters sent 21 April 2009.

Follow-up letter sent 28 May 2009.

DES to write to RTA requesting a program as to when they will make determinations and when emergency funds will be available.

Letter sent.

No response at 10 August 2009.

 

The RTA is endeavouring to respond to all claims as they are received by either site inspection or photographic evidence assessment.? RTA office advises all Councils that urgent issues, particularly those involving public safety, can be discussed and if possible agreed by phone and email to expedite their early restoration.

 

Claims from all affected parties are not received at the one time, and many involve staged submissions, inspections and complex investigation and design for the restoration of slips and bridges.? As such, it is not possible to advise a timetable.

 

 

MAY 2009

 

13

SF959

07/05/09 & 4/6/09

That the report concerning Wia-Ora sand and gravel quarry consider options for calling in bonds to undertake works.

 

DEP

To be reported 21 May 2009.

Deferred to June 2009 to enable all options to be considered.

See item in business paper 4/6/2009.

 

Council again write to Dept Water & Energy

Letter sent 10 June 2009.

No response as at 6 July 2009.

Further follow up letter sent 27 July 2009.

Further follow up letter sent 10 September.

 

No response as at 22 September 2009.

 

Council has resolved on 01 October 2009 to write to the Premier concerning the delay.

 

 

14

SF21

07/05/09

Council investigate the implementation and costs of an effluent management system at the Saleyards

 

GM

August 2009.? Council?s Engineering Designer? is delayed with natural disaster work and preparing a design for Council?s industrial land in Nambucca Heads.? To be reported in November along with the future operation of the saleyards generally.

 

 

15

SF1213

07/05/09

Allocation for retaining wall at Little Beach be deferred for consideration at the September Quarterly Review

 

DES

November 2009

Follow-up letter sent.

No reply at 17 July 2009

No reply at 10 August 2009.

No reply at 21 August 2009.

No reply at 7 Sept 2009.

No reply expected until Scotts Head Master Plan completed

 

 

16

SF1213

07/05/09

Council consider a report on the operation of the saleyards as a business unit and what, if any, subsidy is to be applied to its operations.

 

GM

November 2009

 

17

SF1213

07/05/09

Council review the cycleway plan so as to ensure its funding requirements are realistic.

 

DES

December 2009

 

18

SF1213

07/05/09

Council receive a report on the funding and use of the reserves for the Council Chambers Upkeep, Self Insurance and Tourist Centre Upkeep.

 

GM

September 2009.? Delayed to October 2009.

 

Delayed till November 2009.

 

19

SF1269

21/05/09

Council write to Parliamentary Secretary for Roads seeking assurance that the Macksville Bridge will cope with future traffic flows; that Council be provided with a copy of the most recent reports on the structural integrity of the Bridge.

 

DES

Letter sent 18 June 2009.

No reply at 17 July 2009 ? simply acknowledged.

No reply at 21 August 2009.

No reply at 7 September 2009.

No reply at 21 September 2009.

No reply at 30 September 2009.

 

Response circulated to Councillors.

 

 

20

SF452

21/05/09

Council seek from the Minister for the Environment acceptance that the sampling data for the old landfill indicate down stream impacts are minimal and re-installation of the leachate interception trench is not justifiable.

 

DES

Local DECC office advised by letter of Council?s intention.

Formal proposal for Minister being prepared.

 

Positive progress being made with DECC rep.

 

Information provided on sampling to DECC.

 

21

SF452

21/05/09

Council consider the provision of additional monitoring bores at the landfill with a report on the cost for installation and monitoring.

 

DES

Report to July 2009.

Proceeding to provide 3 addition monitoring bores at the Cost of $3,000.

Defer until need determined.

Water quality meets standards downstream.

On-hold.

 

 

JUNE 2009

 

22

SF1269

4/6/2009

Report on options for pedestrian safety for Wallace Street in consultation with M&D Chamber of Commerce

 

DES

Report September GPC.

Preliminary concepts forwarded to Chamber for 1st round of comment.

Report will be prepared for Council once comment is received.

 

Listed for 19 November 2009.

 

 

JULY 2009

 

23

SF769

2/7/2009

Council make representations in conjunction with Bellingen Shire Council to the RTA and Minister for Roads, the Hon. Michael Daley MP objecting to the change in classification of the Bowraville to Bellingen Road and seek a deputation to meet the Minister

 

GM

Letters drafted 6/7/09

 

Agreement obtained from Bellingen Council.? Agreement being sought from RTA. Brief prepared for Geotechnical Consultants.

Expressions of interest being sought for an Options Study.

 

RTA has approved options study.

In relation to deputation follow up letter sent 10 Sept 2009.

 

 

24

SF736

2/7/2009

A review of the strategic direction for the Aboriginal Youth Worker project be undertaken early 2010 or possibly before if there are changes to funding programs by the State Government.

 

DEP

January 2010

 

Due to the resignation of the Officer this project is now being reviewed in consultation with State Government Agencies and will be reported to Council.

 

25

SF225

16/07/09

That Council write to the NPWS concerning relocation of dingoes to Yarrahapinni/Way Way area.

 

GM

Letter sent 21/7/09

 

26

SF283

16/7/09

Option for a rebated access ramp in lieu of removal of podium in Council Chambers be put to the Access Committee.

 

DEP

Matter presented to Access Committee 28 July 2009.

Matter deferred for consideration at next Access meeting.

 

27

SF1272

16/07/09

Council consider as a first priority the provision of a data link and adequate server for backup in the quarterly review.? That Council consider suitable remote office space to house disaster recovery equipment at the quarterly review.

 

GM

Report to meeting on 19/11/09.

 

28

SF1272

16/07/09

Council consider the need and cost of a consultant to identify and recommend improvements to existing records management practices in the 2010/11 budget.

 

GM

To be reported on in March 2010.

 

29

SF1213

16/07/09

Council undertake a workshop to explain the making of rates and rating categories generally.

 

GM

Scheduled for GPC on 14/10/09.

 

30

SF741

16/07/09

Council persevere with improving the operator and equipment efficiency of the Paveliner for a further 6 months before receiving a report and assessing other options including pothole patching being undertaken by contractors.

 

DES

January 2010.

 

AUGUST 2009

 

31

SF1269

06/08/09

Council receive a report on the tests conducted on the piers of the Congarinni Bridge.

 

DES

15 October 2009.

 

Tenders called for major maintenance.? Close on 28 October 2009.

 

 

32

SF382

06/08/09

Scotts Head Draft Master Plan.? Preparation of a business plan and finalisation of principles.

 

DES

The Department of Lands and consultants to attend Council on a date to be fixed.

 

Dates of GPC 17/9 and 14/10 suggested.

 

Briefing by Department on 14 October confirmed.

 

 

33

SF1102

06/08/09

Advice on legal consequences of not proceeding with draft IWCM strategy; advice from DWE re not proceeding with draft IWCM strategy; application for grant funding of $20m from the Commonwealth.? Also that Council review its drought management strategy.

 

GM

Letters sent.? A meeting has been sought with Minister for Water and Climate Change in Port Macquarie on 25 August 2009.

 

Discussions to be arranged with DWE on review of drought management strategy.

 

Council to be advised on time line for review.

 

 

34

SF285

06/08/09

Council write to Coffs Harbour City Council enquiring as to whether the proposed Coffs Coast rail motor service has progressed.

 

GM

Letter sent to Coffs Harbour GM on 14/8/09.

 

No response as at 6 October 2009.

 

35

SF1131

06/08/09

A meeting be sought with the Minister for Roads to outline and support the submission for funding for Riverside Drive.

 

DES

Letter sent.

 

36

QWN 262

20/08/09

Taylors Arm Road ? dangerous road sinkage

 

DES

Dip filled.? To be further assessed.

 

37

QWN 263

20/08/09

Irvines Road ? Piggery - DA

 

DEP

DA received and being assessed.

 

Assessment deferred pending outcome of legal advice.

 

 

38

5.2

Notice of Motion

20/08/09

Council receive a bimonthly report that individually lists all required flood restoration work and the current status of each job.

 

DES

19 November 2009

18 February 2010

15 April 2010

 

39

5.5

Notice of Motion

 

20/08/09

Council review its Street Tree Guidelines policy

 

DES

November 2009.

 

 

40

SF544

20/08/09

Council adopt the draft Bellwood Local Roads and Traffic Infrastructure Developer Contribution Plan and review within 12 months.

 

GM

September 2010.

 

41

Q With N

20/08/09

Cr Flack ? Board displaying policy and reward re tree vandalism and also advice on stabilising slope with trees being killed.

 

DES

October 2009.

Dept of Lands has been asked to consider a vegetation management process to avoid vandalism.

 

Department of Lands sign erected 23 September 2009.

 

Department does not support this proposal ? see attached letter.

 

 

42

SF843

20/08/09

That an approach be made to Port Macquarie Hastings Council and Kempsey Council seeking a special Professional Fishes Vehicles on Beaches Permit.

 

DES

Letter sent to both Councils.

 

No response at 21 September 2009.

No response at 30 September 2009.

 

 

 

43

SF652

20/08/09

Report to Council on feasibility of Donnelly Welsh Playing Fields as site for Men's Shed

 

DES

Men?s shed to proceed.? They will prepare building plans.? Land will need to be leased.

 

SEPTEMBER 2009

 

44

SF1407

3/09/09

When Council next conducts a ratepayer survey, pose questions concerning importance of climate change and what expenditure priority should be attached to it.

 

GM

Next ratepayer survey scheduled for late 2010, 3 years after the last survey.

 

Proposed to bring forward survey with Environmental Levy survey.

 

45

SF1360

3/09/09

That Council seek a meeting with the NSW Minister for Transport to request a significant contribution to the replacement of the bridge over Deep Creek.? Andrew Stoner MP to be advised of the situation.

 

DES

Letter signed by Mayor sent on 18 September 2009.

 

46

SF1407

17/09/09

Report on Milestone 1 of Cities for Climate Protection Program

 

GM

15 October 2009.

 

47

SF1102

17/09/09

Council seek clarification from the consultants on individual submissions to the draft IWCM report

GM

Consultant advises that individual submissions have been returned to Council.? A response to each submission is being sought from the author of the report (Dept of Commerce).

 

48

SF241

17/09/09

Progress with Draft Nambucca Local Environmental Plan 2009 ? Section 65 certificate and exhibition.

 

DEP

Receipt of Section 65 Certificate expected by 9 October 2009 to enable 6-8 weeks exhibition prior to end of 2009.

 

49

SF941

17/09/09

Tourism ? list of promotional priorities; opportunity for MOU between Council and NV Tourism Inc; MOU with neighbouring Councils; options for structuring a special rate for tourism marketing.

 

GM

Work in progress

 

50

SF444

17/09/09

That the DES providing a grading program which is a schedule rather than a policy.

 

DES

Monthly program to be provided on website.

 

Copy to be provided to Councillors.

 

OCTOBER 2009

 

51

SF1269

01/10/09

Additional information relating to sustainable water management be included on website including water conservation and reuse, links to appropriate sites, all water restriction levels and details of Council?s tank rebate scheme.

DES

Proposed to engage a contractor, www.savewater.com.au to provide and update the information and links at a cost of approximately $3,500 per annum.

 

52

SF1269

01/10/09

That Council review the six water restriction levels.

DES

Letter written to DWE regarding review seeking their comments.

 

53

SF1269

01/10/09

Council review the tank rebate scheme asap to encourage greater uptake and promote to the community.

DES

Report to GPC in December 2009.

 

54

SF1269

01/10/09

Council investigate opportunities for funding for a part time Natural Resources Officer in a possible alliance with Bellingen Shire Council at no cost and that a report be prepared on the roles and responsibilities of the position.

DEP

Report to GPC in November 2009.

 

55

SF1426

01/10/09

Council call for expressions of Interest for a Risk Based Water Based Water Quality Management Plan

DES

January 2010 GPC

 

Attachments:

There are no attachments for this report.

?


Ordinary Council Meeting

15 October 2009

General Manager's Report

ITEM 8.2????? SF112????????????? 151009???????? 2009-2010 Christmas Holidays Closure for Nambucca Shire Council

 

AUTHOR/ENQUIRIES:???? Joanne Hudson, Manager Human Resources ????????

 

Summary:

 

The report makes recommendations in relation to arrangements for the Christmas/New Year period.

 

 

Recommendation:

 

1??????? That Council close the Administration Centre for the period Tuesday 29 December 2009 to Thursday 31 December 2009, noting that emergency services will be on call in regard to water, sewer, rural fire service, dog control etc.

 

2??????? That Council conduct only one Ordinary Meeting of Council in January, being Thursday 21 January 2010 as well as the General Purpose Committee Meeting on Wednesday 20 January 2010.

 

 

OPTIONS:

 

The options available to Council are:

 

1????????? Remain open for business during the period between Christmas and New Year;

 

2????????? Close the Administration Centre only; or

 

3????????? Close the Administration Centre and some or all of the following worksites: Depot, Waste Facility, Libraries and Visitor Information Centre.

 

 

DISCUSSION:

 

For some time now, Council has closed the Administration Centre between Christmas and New Year. Solicitors and developers normally take this period as a holiday break and the number of customer enquiries in years prior to closing has been minimal. There have been no formal complaints received or issued raised in relation to Council?s Administration Centre closing between Christmas and New Year.

 

This year the public holidays fall on Friday 25 December 2009, Monday 28 December 2009 and Friday 1 January 2010. It is therefore proposed to close the Administration Centre between Tuesday 29 December and Thursday 31 December, re-opening Monday 4 January 2010.

 

Employees will be required to take paid leave for the shut down period. Those employees who are union members are entitled to an additional public holiday on Tuesday 29 December 2009 for Union Picnic Day in accordance with Clause 18B of the Local Government (State) Award 2007.

 

The closure will be advertised in the local media.

 

With regard to Council?s Libraries, affected staff advocate remaining open between Christmas and New Year as the library is well patronised during this period. Similarly, Council?s Depot, Waste Facility and Visitor Information Centre have remained operational.

 

 

CONSULTATION:

 

Staff via the Consultative Committee, staff meetings and memos.

SUSTAINABILITY ASSESSMENT:

 

Environment

 

No environmental implications as emergency services are still available.

 

Social

 

Staff based at the Administration Centre will not be accessible during the close down period. However, emergency services will be available and other worksites will remain open.

 

Economic

 

Nil.

 

Risk

 

No risk implications as emergency services are still available.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

There is no impact as staff are required to take paid leave.

 

Source of fund and any variance to working funds

 

Not applicable.

 

Attachments:

There are no attachments for this report.


Ordinary Council Meeting

15 October 2009

General Manager's Report

ITEM 8.3????? SF362????????????? 151009???????? Legal Advice on the Transfer of Pioneer Community Centre to Bowraville Community Development Association

 

AUTHOR/ENQUIRIES:???? Steven Williams, Property Officer; Michael Coulter, General Manager ????????

 

Summary:

 

Council resolved on 27 August 2009 amongst other resolutions as follows:

 

6??????? That a report come to Council on the ability to transfer the building to the Bowraville Community Development Association Inc for a token fee but ensuring that it remain in community use, cannot be on-sold and any potential liability to Council in the transfer.

 

This report is submitted to apprise Council of the legal advice obtained in attending to the resolution.

 

 

Recommendation:

 

That Council note the legal advice received from Fishburn Watson O?Brien with respect to the ability of Council to transfer Title to the Pioneer Community Centre to the Bowraville Community Development Association Inc for a token fee but take no action in relation to the creation of caveats or other contractual restrictions.

 

 

OPTIONS:

 

There is no real option to the recommendation.? The advice was sought to assist Council in their deliberation on the future of the Pioneer Centre.

 

Council may reject the advice and/or seek further legal advice.

 

 

DISCUSSION:

 

Council resolved on27 August 2009 amongst other resolutions as follows:

 

6??????? That a report come to Council on the ability to transfer the building to the Bowraville Community Development Association Inc for a token fee but ensuring that it remain in community use, cannot be on-sold and any potential liability to Council in the transfer.

 

Staff approached Solicitor Mr Michael Bigelow, a Property Law Consultant to Fishburn Watson O?Brien Solicitors in Coffs Harbour.

 

Mr Bigelow was provided a brief history of the property and the issues raised by way of previous reports presented to Council.

 

The following advice was provided by Mr Bigelow in response to the issues raised:

 

1Q???? Can Council ensure the building remain as a community use building (if transferred to the Bowraville Community Development Association Inc)?

 

A?????? Yes.? That a Contract be prepared including a Covenant (create by Transfer including covenant) that the building remain for Community use.? It would be wise, however, to clearly define ?Community use? to avoid potential future argument.

 

2Q???? Can Council restrict on-sale or have a right to re-acquire at a later date if sale/transfer conditions are not met?

 

A?????? We can not include a condition that the building is not to be resold as this would constitute a Restrictive Trade Practice. Based on the terms raised in time 1 above at least the building use can be accurately confined.? Should Council seek the right to re?acquire the property for any reason then an Option Contract would need to be? prepared and exchanged contemporaneously with the Contract for Sale.

 

3Q???? Can Council avoid liability for compliance work required to the centre upon transfer to the Incorporated Body ?

 

A?????? This question goes to compliance issues generally ? basically the Contract for Sale should contain an indemnity that Council makes no representation as to fitness for intended purposes, building compliance or state of repair.? This is especially pertinent given the nominal transfer amount proposed.? This is premised on the assumption that all work completed has been done with the requisite approvals.

 

The above advice is submitted to assist Council when determining the recommendation put forward following the tendering process.

 

Defining the community use for either all or part of the building will likely be impossible.? In the first instance there will be differences as to what is a legitimate community use.? For example some will define the Saturday morning markets as a community use.? Even if there is a definition of community use, the Community Association has indicated that they want to rent the building to generate revenue.? The second question then is to what extent such revenue generating activities will be allowed to displace community use.

 

By way of an update; advertising for the sale of the Centre commenced in the first week of October 2009 and Tenders close on 11 November 2009.? Tender information is available from Council?s website and is being made freely available to prospective applicants over the counter.

 

????????? An on site inspection for Tenderers has been scheduled for Thursday 29 October 2009 by appointment between 9.00am and 11.00am.? This date has been set in consultation with 2NVR and the Committee of Management.

 

 

CONSULTATION:

 

Fishburn Watson O?Brien Solicitors

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

The recommendation does not give rise to any environmental issues

 

Social

 

The recommendation does not give rise to any social issues

 

Economic

 

The recommendation does not give rise to any economic issues

 

Risk

 

Potentially Council is exposed to a degree of risk if it acts contrary to the legal advice in so far as it will expose itself to or unnecessarily involve itself in legal matters that could otherwise have been avoided.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

The recommendation do not affect budget requirement.

 

Source of fund and any variance to working funds

 

Working funds are not required.

 

Attachments:

There are no attachments for this report.


Ordinary Council Meeting

15 October 2009

General Manager's Report

ITEM 8.4????? SF1121??????????? 151009???????? Financial Reports 30 June 2009 - Statement under Sect. 413

 

AUTHOR/ENQUIRIES:???? Craig Doolan, Manager Financial Services ????????

 

Summary:

 

Council is required to make declarations under Section 413(2)(C) of the Local Government Act, Local Government Code of Accounting Practice and Financial reporting as per the following recommendations and detailed in the discussion.

 

 

Recommendation:

 

1??????? That the Mayor, one other Councillor, the General Manager and Responsible Accounting Officer be authorised to sign the Statement on the General Purpose Financial Reports by Councillors and Management made pursuant to Section 413(2)(C) of the Local Government Act.

 

2??????? That the Mayor, one other Councillor, the General Manager and Responsible Accounting Officer be authorised to sign the Statement on the Special Purpose Financial Reports by Councillors and Management made pursuant to the Local Government Code of Accounting Practice and Financial Reporting.

 

 

OPTIONS:

 

Council?s financial reports must include a statement in approved form as set out in Sect. 215 of the Local Government (General) Regulation as to its opinion on the general purpose special purpose financial reports.? The declarations are required under the Local Government Act and Local Government Code of Accounting Practice and Financial Reporting and therefore needed in order for an audit to commence.

 

Council has the option to form another opinion on the Financial Reports bearing in mind that audit will need to be deferred until Council agrees to make a statement on the Financial Reports in the approved form.

 

 

DISCUSSION:

 

Council at its meeting on the 17 September 2009 resolved to adopt the June Budget Review Financial Report for the year ended 30 June 2009 subject to the Financial Statements being audited by Council?s Auditor.

 

The audit is scheduled to occur during this week and it is expected the final audit will be completed to allow the audited Statements to be provided to the Department before the 31 October 2009 and presented to the Public prior to the end of November 2009.

 

A further report of the results for 2008/2009 will be presented to Council prior to presentation to the public.

 

In accordance with the requirements of Section 413(2)(C) of the Local Government Act and the Local Government Code of Accounting Practice and Financial Reporting, Council is required to prepare statements in the approved form as to its opinion on the general purpose and special purpose financial reports.

 


The General Purpose Reports Statement by Councillors and Management declares:

 

1????????? That the Financial Reports to be submitted to the Auditor have been drawn up in accordance with:

 

?????? The Local Government Act 1993 (as amended) and the Regulations made thereunder,

?????? The Australian Accounting Standards and professional pronouncements,

?????? The Local Government Code of Accounting Practice and Financial Reporting,

?????? The Local Government Asset Accounting Manual.

 

2????????? That the Financial Reports also:

 

?????? Present fairly the Council?s financial position and operating result for the year, and

?????? Accord with Council?s accounting and other records.

 

3????????? That we are not aware of any matters that would render the reports false or misleading in any way.

The Statement must be made by resolution of Council and be signed by the Mayor, at least one other Councillor, the Responsible Accounting Officer and the General Manager.? The Statement has to be completed and attached to the relevant annual financial reports to the audit process can continue.

 

The Special Purpose Reports Statement must also be signed by the Mayor, at least one other Councillor, the Responsible Accounting Officer and the General Manager.

 

The Statement declares:

 

1????????? That the Special Purpose Financial Statements have been prepared in accordance with the Local Government Code of Accounting Practice and Financial reporting and the:

 

?????? NSW Government Policy Statement ?Application of National Competition Policy to Local Government?

?????? Department of Local Government guidelines ?Pricing & Costing for Council Businesses:? A Guide to Competitive Neutrality?.

?????? The Department of Water and Energy Practice Management of Water Supply and Sewerage Guidelines.

 

2??????? These reports, to the best of our knowledge and belief:

 

?????? Present fairly the financial position and operating result for each of Council?s declared Business Units for the year, and

?????? Accord with Council?s accounting and other records

 

3????????? That we are not aware of any matter that would render the reports false or misleading in any way.

 

 

CONSULTATION:

 

Local Government Act 1993

Local Government (General) Regulation 2005

Local Government Code of Accounting Practice and Financial Reporting

 

 


SUSTAINABILITY ASSESSMENT:

 

Environment

 

Not applicable

 

Social

 

Not applicable

 

Economic

 

Not applicable

 

Risk

 

Not applicable

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

Financial implications were discussed as part of the 30 June Budget Review presented to Council at its meeting 17 September 2009. Results for the year ending 30 June 2009 will be finalised in report on the audited Financial Statements.

 

Source of fund and any variance to working funds

 

Not applicable

 

Attachments:

There are no attachments for this report. ?


Ordinary Council Meeting

15 October 2009

Director Environment & Planning's Report

ITEM 9.1????? SF1261??????????? 151009???????? DAs and CDCs Received and Determined under Delegated Authority 21 September-2 October 2009

 

AUTHOR/ENQUIRIES:???? Barbara Sadler, Executive Assistant ????????

 

Summary:

 

For Council?s information, below are listed Development Applications and Complying Development Applications received by Council and applications determined under Delegated Authority.

 

 

Recommendation:

 

That Council note the Development Applications/Complying Development Applications received and determined under delegated authority.

 

 

 

OPTIONS:

 

DEVELOPMENT APPLICATIONS/COMPLYING DEVELOPMENT APPLICATIONS RECEIVED
21 SEPTEMBER TO 2 OCTOBER 2009

 

DA Number

Application Date

Development

Address

2010/045

16/09/2009

Retaining Wall

Lot 104 DP 1073632, 7 Telopea Place, Nambucca Heads

2010/046

21/09/2009

Drive In Liquor Store

Lot 2 DP 129506, 50-54 Riverside Drive, Nambucca Heads

2010/047

22/09/2009

Retaining Wall

Lot 104 DP 1073632, 7 Telopea Place, Nambucca Heads

2010/048

23/09/2009

Dwelling-House

Lot 10 DP 1142986, 15 Rowe Drive, Macksville

2010/049

23/09/2009

Patio Cover

Lot 3 DP 32372, 35 East Street, Macksville

2010/050

23/09/2009

Storage Shed

Lot 2 DP 951850, 8 Conan Street, Bowraville

2010/051

23/09/2009

Playground Equipment

Lot 4 Section C DP 6045, 16 Cooper Street, Macksville

2010/052

28/09/2009

Shed

Lot 3 DP 1090410, 74 O'Dells Road, Warrell Creek

2010/053

29/09/2009

Dwelling

Lot 77 DP 1099538, 46 Seaforth Drive, Valla Beach

2010/054

30/09/2009

Shade Sails

Lot 6 Section 7 DP 758150, Cnr Young & High Street, Bowraville

2010/055

01/10/2009

6 Lot Residential Subdivision

Lot 3 DP 1061694, Waratah Street, Scotts Head

2010/604

21/09/2009

Storage shed

Lot 26 DP 1089016, 26 Tallowood Terrace, Valla

2010/605

23/09/2009

Swimming Pool

Lot 4 DP 634579, 71 Sundowner Road, Bakers Creek

2010/606

28/09/2009

Swimming Pool

Lot 5113 DP 634435, 367 Talarm Road, Talarm

 

Note:? Complying Development Applications have a suffix starting with ?6? ie 2010/601

 


DEVELOPMENT APPLICATIONS AND MODIFICATIONS DETERMINED UNDER DELEGATED AUTHORITY TO 2 OCTOBER 2009

 

CONSENT/ DA

PROPERTY DESCRIPTION

DEVELOPMENT DETERMINED

EST VALUE $

2009/201

Lot 521 DP 614846, 348 East West Road, Valla

Two (2) Lot Rural-Residential Subdivision

0

2003/078/01

Lot 2 DP 1063716, Back Street, Nambucca Heads

Ground Floor Commercial Premises and Thirty Six (36) Residential Units Modification

2,500,000

2006/023/01

Lot 1 DP 1039034, Preston Drive, Macksville

15 Lot Residential Subdivision Modification

0

2010/019

Lot 1 DP 1033788, 105 Bald Hill Road, Macksville

3 Lot Rural-Residential Subdivision

0

2010/603

Lot 5 Section 48 DP 758749, 9 Charlton Street, Nambucca Heads

Swimming Pool

5,000

2010/604

Lot 26 DP 1089016, Tallowood Terrace, Valla

Storage Shed

11,935

2010/605

Lot 4 DP 634579, 71 Sundowner Road, Bakers Creek

Swimming Pool

23,640

2010/606

Lot 5113 DP 634435. 367 Talarm Road, Talarm

Swimming-Pool

35,614

 

 

Attachments:

There are no attachments for this report.

?


Ordinary Council Meeting

15 October 2009

Director Environment & Planning's Report

ITEM 9.2????? SF1261??????????? 151009???????? DEP Applications and Statistical Reports July 2009-June 2010, 2002-2009 and Certificates Received 2004-2009

 

AUTHOR/ENQUIRIES:???? Barbara Sadler, Executive Assistant ????????

 

Summary:

 

Environment and Planning Department Development Application statistics for the financial year 2009-2010 compared with 2008-2000 and Certificate Applications received and determined, are provided in the body of the report.

 

 

Recommendation:

 

1????????? That Council note development application statistics and processing times for July 2009-June 2010 compared with July 2008-June 2009.

 

2????????? That Council note development application statistics and processing times for the years 2002 to 2009.

 

3????????? That Council note the statistical breakdown of development applications thus far for the financial year 1 July 2009-30 June 2010.

 

4????????? That Council note the statistical information for Certificates received by Council for 2004-2009.

 

 

Development Application Statistics

 

The figures show a 21.31% increase in the number of DA?s received for September 2009 with construction costs increasing by 25.56% compared to the same period in 2008/2009. The total number of DA?s/CD?s approved for the month of September was 18 plus 3 modifications.

 

DA?S AND COMPLYING DEVELOPMENT

 

Construction Costs

No Applications Received

Applications Approved (DA & CD)

July 2008-Sept 2008

$4,809,180

48

35

July 2009-Sept 2009

$6,460,440

61

66

 

 

FINANCIAL:

 

Direct and indirect impact on current and future budgets

 

The above comparisons will be considered in the next quarterly budget review to identify what impact the development application numbers will have on our projected income.

 

Source of fund and any variance to working funds

 

An average income is estimated at the start of each budget year and is reviewed at each quarterly review.


 

TURNAROUND TIMES FOR DEVELOPMENT APPLICATIONS 2009

Month

Mean Time

Median

#Average age of DA?s (Days)

Average

Highest

Lowest

January

41.75

40

51

83

32

February

90.00

54

165.1

575

17

March

36.27

33

51.70

140

3

April

34.59

21

53.23

153

2

May

62.94

36

72.72

307

12

June

45.60

35

85.36

939

12

July

48.78

29

70.52

198

24

August

52.19

29

67.09

305

17

September

76.38

64

93.38

204

13

 

#Average age of DA?s

 

The average age of all DA?s for the month is derived from the total number of days from when the applications were lodged with Council until determined. This average is provided for information as many applications required additional information by Council and/or other Government Agencies to enable them to be processed (ie Stop Clock applied).

 

 


COMPLYING DEVELOPMENTS RECEIVED

 

YEAR

Jan

Feb

Mar

Apr

May

June

July

Aug

Sept

Oct

Nov

Dec

Total

2007 Private Cert

5

3

4

1

2

4

4

3

5

4

6

1

42

2007 Council

0

3

3

1

3

4

7

0

1

2

6

3

33

2008 Private Cert

0

3

1

4

6

2

6

4

2

2

6

6

44

2008 Council

2

2

2

3

2

5

2

2

2

7

1

3

33

2009 Private Cert

3

7

6

4

3

2

11

3

2

 

 

 

41

2009 Council

1

3

2

2

3

2

2

2

5

 

 

 

22

 

 

CONVEYANCING CERTIFICATES ISSUED

 

YTD (September)

Drainage Diagrams

Section 149 Certs

Outstanding Notices

2004

245

626

159

2005

197

557

126

2006

214

561

160

2007

206

564

163

2008

212

532

135

2009

182

572

123

 

 

OCCUPATION CERTIFICATES RELEASED

 

YEAR

Jan

Feb

Mar

Apr

May

June

July

Aug

Sept

Oct

Nov

Dec

TOTAL

Average/
Month

2002

20

3

7

8

15

7

13

13

16

13

13

14

142

11.80

2003

18

7

7

14

24

19

18

10

17

17

21

19

191

15.90

2004

11

15

17

20

18

20

20

17

16

23

26

30

233

19.41

2005

10

28

29

18

26

12

14

28

26

24

19

18

252

21.00

2006

26

26

12

20

27

24

20

18

25

23

10

15

246

20.50

Private
2007

1

0

0

3

7

5

3

2

3

2

9

5

40

3.33

Council
2007

6

20

14

7

22

13

12

10

14

13

8

12

151

12.58

Private
2008

4

0

4

2

4

5

5

8

7

11

4

7

61

5.08

Council
2008

12

16

9

9

29

12

19

25

16

20

17

13

197

16.41

Private
2009

1

4

5

3

2

3

10

4

7

 

 

 

39

4.33

Council
2009

21

11

19

14

14

15

10

17

13

 

 

 

134

14.88

 



Attachments:

There are no attachments for this report.

?


Ordinary Council Meeting

15 October 2009

Director Environment & Planning's Report

ITEM 9.3????? SF1261??????????? 151009???????? Outstanding DAs greater than 12 months, applications where submissions received not determined, 2 October 2009

 

AUTHOR/ENQUIRIES:???? Barbara Sadler, Executive Assistant ????????

 

Summary:

 

In accordance with Council resolution from 15 May 2008 meeting, the development applications listed below are in excess of 12 months old (Table 1).

 

Table 2 are development applications which have been received but not yet determined due to submissions received. In accordance with Minute 848/08 from Council meeting of 18 December 2008, should any Councillor wish to ?call in? an application a Notice of Motion is required specifying the reasons why it is to be ?called in?.

 

If an application is not called in and staff consider the matters raised by the submissions have been adequately addressed then the application will be processed under delegated authority. Where refusal is recommended the application may be reported to Council for determination.

 

 

Recommendation:

 

1????????? That the list of outstanding development applications (at least 12 months old) and applications received, be noted and received for information by Council.

 

2????????? That the applications where submissions have been received be noted and received for information by Council.

 

 

 

TABLE 1: ????? UNRESOLVED DEVELOPMENT APPLICATIONS IN EXCESS OF 12 MONTHS OLD

 

TOTAL APPLICATIONS OUTSTANDING 12 MONTHS OR MORE:? 0

 

TABLE 2:?????? DEVELOPMENT APPLICATIONS WHERE SUBMISSIONS HAVE BEEN RECEIVED AND ARE NOT YET DETERMINED

 

DA NO

DATE OF RECEIPT

PROPOSAL

PROPERTY DESCRIPTION

SUBMISSIONS RECEIVED/STAFF COMMENTS

2009/182

3/06/09

Boundary Adjustment resulting in dwelling entitlement

Lots 9 and 10 DP 1033603, Scotts Head Road, Way Way

? Future dwelling can be built on environmentally sensitive land

? Visual impacts on headland

? Because of sensitivity of land should be in public ownership

? No future development to be undertaken in the cross-hatched area

? Sacred Aboriginal sites

? Loss of habitat for wildlife (birds)

? 7(f) Protected Coastal Lands not marked on plans

? Restrict public access to recreational areas

17/6/09 - Application referred to NSW RFS, LALC and DoP for comment

Awaiting responses from LALC and DoP.

Application called in

Report to be prepared for Council meeting of 05/11/09

 

2009/197

19/06/09

Additions to Museum

Lot 151 DP 801984, 29 High Street, Bowraville

? Drainage Issues

Issues being considered

Determination of application by mid-October

 

2010/004

06/07/09

13 Lot Residential Subdivision

Lot 95 DP 1099538, Seaforth Drive, Valla Beach

? Farming and horticulture activities on adjoining land ? spraying carried out which may cause noise issues at night

? Prospective purchasers to be informed of this

Land proposed to be subdivided is zoned Residential 2(a). Buffer distances comply with Council?s DCP 16.

Assessment being prepared with consideration given to earthworks and drainage issues

Determination of application by end October

 

2010/013

17/07/09

Rural-Residential Shed

Lot 252 DP 843060, 5 Cocos Court, Nambucca Heads

? Believe it is going to be used for commercial reasons and therefore should be not approved

? Loss of privacy and lifestyle

? Loss of outlook and views

? Size and position of the shed

? Would the use of the shed create more traffic?

12/08/09 ? Advice received from applicant

Issues being assessed

Site meeting held with applicant 14/09/09.

Applicant to seek variation to bushfire easement to improve separation between shed and neighbouring properties
Verbal advice from applicant ? application to be withdrawn. Awaiting written confirmation.

 

2010/025

10/08/09

Dual Occupancy & Demolition of existing Dwelling-House & Garage

Lot 18 Section 11 DP 758749, 80 Ridge Street, Nambucca Heads

? Loss of views from units

? Plans do not show pitch or height of roof

? Devaluation of property

Issues considered as part of assessment

Determination of application by end October

 

2010/031

24/08/09

Rural Shed - Animal Establishment

Lot 516 DP 632883, 266 Irvines Road, Tewinga

? A number of support for application

? Industry that is needed in the Valley

? Has always been clean when visiting

? Pigs have been there 2 years with no previous complaints

? Various issues with odour, visual amenity

? Not suitable to area

Application determination pending Council's? legal advice

 

 

Attachments:

There are no attachments for this report.


Ordinary Council Meeting

15 October 2009

Director Environment & Planning's Report

ITEM 9.4????? SF1148??????????? 151009???????? Contract Regulatory Officer's Report - September 2009

 

AUTHOR/ENQUIRIES:???? Phillip Gall, Manager Health and Building ????????

 

Summary:

 

The following is the Contract Regulatory Officer?s Report for September 2009.

 

 

Recommendation:

 

That the report from the Contract Regulatory Officer for September 2009 be received and noted by Council.

 

 

 

Dogs

Total

Total

Seized

 

8

Returned to Owner

1

 

Impounded

7

 

Total Seized

8

8

Breakdown

Total

Total

Seized

 

8

From Previous Month

 

7

Stolen Dog Recovered

 

1

Released to Owner

1

 

Returned to Owner

1

 

Euthanized

8

 

Currently in Pound

2

 

Sold

1

 

Stolen from Pound

3

 

Total in Pound

16

16

Dumped

0

0

Surrendered

0

0

 

 

Cats

Total

Total

Seized

 

6

Returned to Owner

0

 

Impounded

6

 

Total Seized

6

6

Breakdown

Total

Total

Seized

 

6

From Previous Month

 

0

Released to Owner

0

 

Returned to Owner

0

 

Euthanized

6

 

Currently in Pound

0

 

Sold

0

 

Escaped from Pound

0

 

Total in Pound

6

6

Dumped

0

 

Surrendered

0

 

 


 

Kilometres travelled

3,391

 

 

Cattle

Breakdown

Total

Seized

 

0

Returned to Owner

0

 

Impounded

0

 

Total Seized

0

0

 

 

CSR?s (Customer Service Requests) Actioned ? Not including Merit

70

 

 

Attachments:

There are no attachments for this report.

?


Ordinary Council Meeting

15 October 2009

Director Environment & Planning's Report

ITEM 9.5????? SF283????????????? 151009???????? Report on Access Committee meetings held 25 August and 22 September 2009

 

AUTHOR/ENQUIRIES:???? Coral Hutchinson, Manager Community and Cultural Services ????????

 

Summary:

 

Attached for Council?s endorsement is a copy of the minutes of the Nambucca Shire Council Access Committee Meetings held on Tuesday, 25 August and 22 September 2009.

 

Whilst there are no specific recommendations for Council?s endorsement, attention is directed to a key item which was discussed at both meetings, being the development of a Pedestrian Access and Mobility Plan (PAMP) for Macksville, Nambucca Heads and Bowraville. The plan will provide an indication of priorities for work around the central business areas and may assist Council in seeking funding for improvements to the streetscape.

 

 

Recommendation:

 

1??????? That the minutes of the Access Committee meetings held on 25 August and 22 September 2009 be noted.

 

2??????? That Council note the work being undertake in the preparation of a Pedestrian Access and Mobility Plan and Street Furniture Audit for the central business areas of Macksville, Nambucca Heads and Bowraville.

 

 

OPTIONS:

 

1??????? Endorse the minutes

 

2??????? Not endorse the minutes

 

 

DISCUSSION:

 

The key item of interest from the August and September meetings is in regard to the preparation of a PAMP for the central business districts of Macksville, Nambucca Heads and Bowraville. The PAMP process will also involve an audit of street furniture to provide a comprehensive record of what items of furniture are located around the business areas.

 

Council has received a grant from the Roads and Traffic Authority to undertake the study and has engaged consulting firm GHD to prepare the Plan. Council?s Engineers are overseeing the project with assistance from Council?s Access Committee, Manager Planning and Assessment, and Manager Community and Cultural Services.

 

The key objectives of the PAMP are to:

 

1??????? Increase the use of the pedestrian network for short trips (1.5 to 2km);

2??????? Reduce the number of missing links within the pedestrian network;

3??????? Reduce the number of pedestrian accidents;

4??????? Improve pedestrian connectivity with other transport modes primarily bus, bicycle and car;

5??????? Provide pedestrian facilities which cater for the needs of all pedestrians, including people with disabilities, commuters, children, seniors and recreational walkers; and

6??????? Complement existing and planned pedestrian ways.

 


The project outcomes will be:

 

?????????????? A PAMP that will provide details on the pedestrian facilities required as well as an indication of the staging and likely costs;

?????????????? Plans to accompany the reports, in both hard copy and Geographic Information System (GIS) format; and

?????????????? Separate Street Furniture Audit.

 

There are a number of steps in the research phase including site investigations, data collection and direct observation. Targeted consultation is also useful and to this end, GHD met with the Access Committee and other key stakeholders at the August meeting, to seek direct comment from people with disabilities.

 

The research stage is well underway at the time of preparing this report. A draft document is expected later in October.

 

 

CONSULTATION:

 

Manager Technical Services (who is managing the PAMP project)

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are no specific environmental sustainability issues.

 

Social

 

Nothing identified

 

Economic

 

Nothing identified

 

Risk

 

There no risk related issues identified as resulting from this report.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

Nothing identified

 

Source of fund and any variance to working funds

 

Nothing required.

 

Attachments:

1View

23402/2009? - Minutes of the Access Committee held 25 August 2009

 

2View

25481/2009 - Minutes of the Access Committee held 22 September 2009

 

??


Ordinary Council Meeting - 15 October 2009

Report on Access Committee meetings held 25 August and 22 September 2009

Attachment 1

23402/2009? - Minutes of the Access Committee held 25 August 2009

 

Present

 

Peter Shales (Chairperson), Margaret Hutchinson, Shirley Holmes, Dorothy Secomb, Coral Hutchinson and Keith Williams (Nambucca Shire Council), Moira Ryan, Glenys Munro, Ruth Hannagan; and from GHD Shaun Lawer, Salome Manahan, Nick Buchanan and Jackie Amos

 

Apologies

 

Cr Anne Smyth, Donna Primmer, Glenise Maher, Keith Davis, Jenny Croaker, Les Small, Alba Sky, Mathew Sullivan

 

Declarations of Pecuniary Interest ? None Declared

 

General Business

 

1???? Pedestrian Access and Mobility Plan (PAMP), Street Furniture Audit

 

Representatives of consulting firm GHD were in attendance to discuss the preparation of a PAMP for the main business areas of Bowraville, Nambucca Heads and Macksville. The following matters were addressed:

 

?????? Reasons for preparing PAMP and street furniture audit ? is a strategic document, will outline priority projects, possibly assist in getting funding

?????? Definition of project scope ? focussed on central business areas regarding pedestrian movements and street furniture

?????? Issues to be considered by PAMP and street furniture audit

?????? Discussion of consultation program ? GHD will meet again with Access Committee, possibly at October meeting

?????? Potential issues confronting residents in Macksville CBD eg

?????? Gutter crossings/ramp widths in Wallace Lane and at traffic lights

?????? Placement of light poles and signs

?????? Width of footpaths ? too narrow in places

?????? Use of motorised scooters


1???? Pedestrian Access and Mobility Plan (PAMP), Street Furniture Audit continued

 

Potential issues confronting residents in Bowraville CBD eg

?????? Access across traffic islands

?????? Lack of gutter crossings, deep gutters and camber of road

?????? Adam Lane

?????? Access from town to Skate Park and playing fields

 

Potential issues confronting residents in Nambucca Heads CBD

 

?????? Aged Care facility access to Short Street

?????? Boardwalk too narrow near Gordon Park

?????? Access to carpark (Creek St)

?????? High pedestrian areas

?????? Use of motorised scooters

 

Note: A detailed list was compiled by GHD and that together with the results of their own survey will be prepared for the draft PAMP report.

 

At this point Moira Ryan, Glenys Munro, Ruth Hannagan, Keith Shaun Lawer, Salome Manahan, Nick Buchanan, and Jackie Amos left the meeting and the time was 3.20 pm.

 

2???? Traffic and Pedestrian Plan for Bowra and Back Sts Nambucca Heads

 

Council?s Manager Technical Services, Keith Williams tabled an updated proposal for the area around Woolies in Nambucca Heads. No particular access issues identified.

 

At this point Keith Williams left the meeting, the time was 3.30 pm.

 


General Business (continued)

 

3???? Use Of Road Reserves Public Land and For Commercial Activities

 

The 2 submissions which have been received for the final input into the Policy were discussed. There were no particular concerns from the Access Committee as it felt that the draft policy would cover the matters raised by the Macksville and District Chamber of Commerce and Mr Boulton.

 

 

Minutes of Previous Meeting ? 28 July 2009 deferred to the September Meeting

 

 

Correspondence

 

IN??????? Paraquad News ? August

?????????? Bellingen Access Committee minutes 12 August 2009

?????????? Coffs Harbour Access Advisory Committee agenda 7 August 2009

OUT?? Nil

 

 

4???? Access in and around Council Administration Centre

 

Deferred to a future meeting when the various options can be inspected.

 

5???? Mid North Coast Area Disability Advisory Committee ? 14 August

 

Members in attendance to reported back ? very Coffs Harbour focussed. Minutes will be circulated when received. Next meeting is 9 October at Nambucca Shire Council. Representatives from the Access Committee will review ongoing attendance in regard to its value.

 

6???? Meeting of Mid North Coast Access Committees

 

Next meeting will be on Thursday 10 September at Coffs Harbour. Noted.

 

7???? Access Information for Holiday Makers ? deferred

 

8???? Safety Warning for Motorised Mobility Scooters

 

Information regarding a national warning and national approach to problems involving scooters was tabled.


Next Meeting ? 22 September 2009

 

 

Meeting Concluded ? 3.55 pm

 

 

 

 

 

?????????????..

PETER SHALES

CHAIRPERSON

?


Ordinary Council Meeting - 15 October 2009

Report on Access Committee meetings held 25 August and 22 September 2009

Attachment 2

25481/2009 - Minutes of the Access Committee held 22 September 2009

 

Present

 

Peter Shales (Chairperson), Cr Anne Smyth, Cr Michael Moran, Margaret Hutchinson, Shirley Holmes, Dorothy Secomb, Coral Hutchinson, Donna Primmer, Valerie Taylor, Cecilia Wilson, Alba Sky, Patricia Walker, Les Small.

 

 

Apologies

 

Glenys Maher, Keith Davis, Shirley Holmes, Jenny Croaker, Verena ? Early Intervention Nambucca Valley, Mathew Sullivan

 

 

Declarations of Pecuniary Interest ? None Declared

 

 

Previous minutes read and declared accurate:

 

MOVED Margaret Hutchinson, seconded Dorothy Secomb. Carried.

 

 

Correspondence

 

IN?????????? Accord magazine

????????????? Daisi Link

OUT??????? Nil

 

 

General Business

 

1??????? Pedestrian Access and Mobility Plan (PAMP), Street Furniture Audit

 

The Committee noted that the consultants are working on the draft to be tabled in October 2009 for the Committee?s review and comment. Keith Williamson and Coral Hutchinson are liaising with GHD for further meetings and the Committee agreed that if there was no additional cost they would be happy to meet again, however this won?t be necessary if there is.

 

2??????? Use Of Road Reserves Public Land and For Commercial Activities

 

From Report to Council last Thursday 17 September 2009, it was noted that Council has adopted the policy with an amendment that A frame signage can continue and not requiring enclosed sale tables and enclosed areas for tables and chairs for dining. Council advises that these abovementioned business items require development approval for any new plans, but are allowing a 2 years grace period for existing approvals and agreements.

 

3??????? Meeting of Mid North Coast Area Disability Advisory Committee

 

Members in attendance reported back ? very Coffs Harbour focussed. Minutes will be circulated when received. Next meeting is 9 October at Nambucca Shire Council. Peter Shales, Anne Smyth and Shirley Holmes will attend. Apologies received from Donna Primmer, Margaret Hutchinson, Dot Secomb.

 


General Business (continued)

 

 

4??????? Holiday makers Information and Feedback

 

Committee suggested a contact number for local On duty chemist to be put on brochure. Donna Primmer agreed to research information. Ambulance, Hospital and chemist phone numbers also to be included on list, then circulate via tourist office.

 

5??????? Regional meeting feedback

 

Representatives from Coffs, Bellingen, Nambucca and Hastings committees attended. Coral Hutchinson gave the committee a report. Motorised Scooters were a hot topic and it was agreed to research other national Scooter campaign already in operation. The next meeting will be at Nambucca Shire Council on 10 December and minutes from the September meeting will be circulated when available.

 

6??????? The Bellwood Section 94 Contributions Plan

 

Committee discussed the existing paths and future roundabouts, and proposed crossing currently under discussion in the Bellwood and Nambucca Plaza area. Concerns were shared regarding a pedestrian crossing being needed from McDonald over to Plaza and Movies. Committee discussed the need for consultation with Council Engineers to communicate concerns over future planning and construction of roundabout and crossing in the area, and the existing public footpath linking pedestrians from the highway to the rear of Nambucca Plaza near Bawrunga Medical Centre. Valerie Taylor advised the committee of her concerns over the increased traffic flow, congested footpaths and illegal parking around Bawrunga Medical Centre It was noted that some of the access problems are probably on private land. Follow up action will include gathering information regarding the ownership of problem areas.

 

7????????? Members Reports

 

Coral Hutchinson ? tabled Code of Conduct and reminded members of their responsibilities in conducting Access Committee business on behalf of Council. Coral agreed to provide all Committee members with a copy.

 

Alba Sky ? Requested update on progress on Adams Lane Bowraville. Alba requested a speed bump to slow traffic using the lane and to ensure pedestrian safety.

 

Dorothy Secomb ? Nambucca Valley Youth Centre has been putting an A Frame sign out that keeps tripping her over.

 

Michael Moran ? Advised that he may not be able to attend future Access Committee meetings if they conflict with his medical appointments.

 

 

Next Meeting ? 27 October 2009. Coral Hutchinson will be an apology.

 

 

Meeting Concluded ? 3:00 pm

 

 

?????????????..

PETER SHALES

CHAIRPERSON

 

?


Ordinary Council Meeting

15 October 2009

Director Environment & Planning's Report

ITEM 9.6????? SF532????????????? 151009???????? Report on Guidelines for Sediment and Erosion Control

 

AUTHOR/ENQUIRIES:???? Jacqui Ashby, Environmental Compliance Officer ????????

 

Summary:

 

Attached for Council's endorsement is a new Development Control Plan (DCP) "Guidelines for Sediment and Erosion Control".? These have been developed to ensure tighter control of pollution incidents on building sites and developments within the site.? The option of a DCP is put forward (rather than a policy approach) as it provides more control over people who are polluting the environment.

 

This DCP together with the Protection of the Environment Operations Act 1997 will ensure less sediment and pollution from building sites end up in waterways.

 

 

Recommendation:

 

That the draft Guidelines for Sediment and Erosion Control Development Control Plan (DCP) be adopted and implemented as a Development Control Plan (DCP) and advertised accordingly.

 

 

OPTIONS:

 

1????????? Draft guidelines adopted as a DCP

2????????? Draft guidelines adopted as a policy

3????????? Draft guidelines not adopted

 

 

DISCUSSION:

 

Erosion is the degradation and removal of soil by the movement of water. Sediment control is the physical control of erosion and the depositional processes that produce excess sediment on building sites. Erosion occurs in a short period during, and immediately after, the construction stage of a site.

 

Sediment removed by erosion damages lower land, blocks stormwater drains, and is eventually deposited in the receiving waters. The result is turbidity in natural water bodies, a reduction of recreational value, damage to the aquatic environment, smothering of seagrasses and shoaling further downstream in the estuary.

 

Eroded land represents a cost to the developer, the purchaser, or the rate paying community. Restoration may require the repair or renewal of underground services, reforming the soil surface to fill minor gullies and rills, importing topsoil to replace that lost by erosion or burial during the construction process, and establishing stabilising ground cover. For example a single building block can lose four truckloads of soil in one storm.

 

Erosion control measures must be implemented during all stages of development to minimise sediment generation. The control of erosion as close to the source as possible can reduce the subsequent demand on sediment trapping structures,

 

The implementation of a range of erosion control techniques, to manage stormwater run off at a non-erosive velocity and by protecting disturbed soil surfaces, can maintain stability and prevent erosion.

 


The aim of the sediment and erosion control DCP is to:

 

?????????????? To enable Council officers to educate the community and enforce the accepted methods of erosion and sediment control to all sites where development is taking place.

?????????????? To minimise erosion and sedimentation from all sites within Nambucca Shire, resulting from the disturbance of the soil surface associated with urban development, building works, changes in land use, installation of services and infrastructure and the subsequent disposal of stormwater into receiving waters.

?????????????? To conserve vegetation cover throughout the catchment by control of the location, timing, extent and nature of land clearing.

?????????????? To minimise erosion of disturbed ground within building and development sites through the control of surface water quantity and flow paths.

?????????????? To intercept and contain eroded material from building and development sites, avoiding the transfer to adjoining lands and waters of mobilised sediments from these sites.

?????????????? To ensure prompt, practical and effective stabilisation of disturbed lands through control of the location, timing, extent and nature of rehabilitation and landscaping measures.

 

 

CONSULTATION:

 

Director, Environment and Planning

Manager, Health and Building

Strategic Planner

Senior Town Planner

Building Inspectors

Councillors

Community

 

There were no submissions received from the community for the Draft Sediment and Erosion Control DCP.

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

Loss of sediment from the land will be reduced. Water quality improved with decreased turbidity from building site run off.? Sedimentation of seagrass beds will be reduced downstream, fish habitat will improve in the river.? Decreased silting of nearby wetlands in new subdivisions.

 

Social

 

None identified

 

Economic

 

The time spent by Council staff dealing with sediment control issues on building sites will be reduced as issues will be easily dealt with, by using the DCP. The reduced maintenance on Council drainage infrastructure.

 

Risk

 

None identified.

 

 


FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

There are no expected impacts on budgets.

 

Source of fund and any variance to working funds

 

There are no impacts on funds.

 

 

Attachments:

1View

17416/2009 - DCP Guidelines for Erosion and Sediment Control

 

??


Ordinary Council Meeting - 15 October 2009

Report on Guidelines for Sediment and Erosion Control

Attachment 1

17416/2009 - DCP Guidelines for Erosion and Sediment Control

 

 

Nambucca Shire Council

 
 

 

 

 


Development Control Plan

 

 

2009

 

 

 

Erosion and

Sediment Control

 

 

Prepared by: Environment and Planning

Dated:? September 2009

Adopted by Council:??

 

 

Our Vision

 

Nambucca Valley ~ Living at its best

 

Our Mission Statement

 

?The Nambucca Valley will value and protect its natural environment, maintain its assets and infrastructure and develop opportunities for its people.?

 

 

 


Ordinary Council Meeting - 15 October 2009

Report on Guidelines for Sediment and Erosion Control

Attachment 1

17416/2009 - DCP Guidelines for Erosion and Sediment Control

 

Table of Contents

 

 

1.0?????? INTRODUCTION............................................................................................................................................................... 1

1.1?????? CITATION....................................................................................................................................................................... 1

1.2?????? ADOPTION OF THIS PLAN......................................................................................................................................... 1

1.3?????? LAND TO WHICH THIS PLAN APPLIES.................................................................................................................. 1

1.4?????? APPLICATION OF PLAN............................................................................................................................................. 1

1.5?????? RELATIONSHIP TO OTHER PLANS.......................................................................................................................... 1

1.6?????? AIMS OF THIS PLAN................................................................................................................................................... 2

1.7?????? DEFINITIONS (ENVIRONMENTAL PLANNING AND ASSESSMENT ACT 1979)........................................... 2

2.0?????? EROSION AND SEDIMENT CONTROL IN NAMBUCCA SHIRE COUNCIL LOCAL GOVERNMENT AREA???? 3

2.1?????? WHAT IS EROSION AND SEDIMENT CONTROL.................................................................................................. 3

2.2?????? EXPECTATIONS OF NAMBUCCA COUNCIL......................................................................................................... 4

2.3?????? REQUIREMENTS OF THE DCP................................................................................................................................... 4

3.0?????? IMPLEMENTATION OF THIS DEVELOPMENT CONTROL PLAN...................................................................... 5

4.0?????? EROSION AND SEDIMENT CONTROL PLANS (ESCP?s)..................................................................................... 6

4.1?????? FORM OF ESCP?s.......................................................................................................................................................... 6

4.2?????? NEED FOR A ESCP........................................................................................................................................................ 6

4.3?????? AIM OF ESCP................................................................................................................................................................. 6

4.4?????? PREPARATION OF ESCP............................................................................................................................................. 7

4.5?????? THE SITE PLAN............................................................................................................................................................. 7

4.6?????? SUPPORTING INFORMATION................................................................................................................................... 7

4.7?????? CONSTRUCTION DETAILS, CIRCULATION AND NOTES.................................................................................. 7

5.0?????? MINIMUM EROSION AND SEDIMENT CONTROL STANDARDS....................................................................... 8

5.1?????? BUILDING MATERIAL STOCKPILES....................................................................................................................... 8

5.2?????? PROGRESSIVE REVEGETATION AND STABILISATION..................................................................................... 8

5.3?????? CLIMATE CONSIDERATION...................................................................................................................................... 8

5.4?????? ROOF GUTTERING........................................................................................................................................................ 8

5.5?????? SEDIMENT FENCING.................................................................................................................................................... 8

5.6?????? SEDIMENT TRAPS........................................................................................................................................................ 9

5.7 ?????? SITE ACCESS.................................................................................................................................................................. 9

5.8?????? TURF FILTER STRIPS................................................................................................................................................... 9

5.9?????? CHECKLIST OF EROSION AND CONTROL MEASURES FOR A DEVELOPMENT SITE................................ 9

6.0?????? PENALTIES FOR NON COMPLIANCE...................................................................................................................... 10

6.1?????? CAUSING A POLLUTION INCIDENT...................................................................................................................... 10

6.2?????? FAILURE TO COMPLY WITH SUBMITTED ESCP............................................................................................... 11

6.3?????? LEGISLATION.............................................................................................................................................................. 11

7.0?????? REFERENCE DOCUMENTS.......................................................................................................................................... 12

 


Ordinary Council Meeting - 15 October 2009

Report on Guidelines for Sediment and Erosion Control

Attachment 1

17416/2009 - DCP Guidelines for Erosion and Sediment Control

 

 

1.0?????? INTRODUCTION

 

1.1???????? CITATION

 

This Plan may be cited as Nambucca Control Plan (DCP) ? Erosion and Sediment Control (2009).

 

 

1.2???????? ADOPTION OF THIS PLAN

 

This plan was adopted by Council on XXXXXXXXX

 

 

1.3???????? LAND TO WHICH THIS PLAN APPLIES

 

This plan applies to land to which Nambucca Local Environment Plan 1995 (NLEP) applies.

 

It also applies to all sites for which an application for development activity outlined in Clause 2.3, including those carried out by or on behalf of Nambucca Shire Council where there is internal site works or other works that have or could have the potential to involve:

 

???????? The disturbance of the soil surface including that which arises from clearing, levelling, shaping, filling, excavation and/or placement of fill thereon; or

 

???????? Any changes in the rate and/or volume of run-off entering, directly or indirectly, to any waters or flows over land.

 

 

1.4???????? APPLICATION OF PLAN

 

This DCP provides guidelines for best practice and covers requirements for erosion and sediment control on building development sites within the Nambucca Shire Council Local Government Area. In assessing development proposals, Council will have regard to the provisions of the Environmental Planning and Assessment Act, 1979; how the development conforms to the provisions of this DCP; and how it satisfies the objectives and principles of other relevant legislation and planning controls.

 

 

1.5???????? RELATIONSHIP TO OTHER PLANS

 

This DCP applies to all forms of development as defined under the Nambucca Council Local Environment Plan 1995 or otherwise defined under this plan and meets the objectives of the Protection of the Environmental Operations Act 1997 and the regulations made thereunder.

 

This DCP should be read in conjunction with Councils existing Development Control Plans and Policies for the type of development proposed and more specific requirements.

 

The Plan is to be implemented at 1) the development application stage; 2) prior to commencement of any works when the extent of the earthworks for the site is revealed; 3) during works and; 4) if any amendment to a development approval requires further erosion and sediment control considerations. Developers and applicants are encouraged to consult with Council Officers prior to the preparation of their development applications.

 


1.6???????? AIMS OF THIS PLAN

 

The aims of this DCP are:

 

a??????? To enable Council officers to educate the community and reinforce the accepted methods of erosion and sediment control to all sites where development is taking place.

b??????? To minimise erosion and sedimentation from all sites within Nambucca Shire, resulting from the disturbance of the soil surface associated with urban development, building works, changes in land use, installation of services and infrastructure and the subsequent disposal of stormwater into receiving waters.

c??????? To conserve vegetation cover throughout the catchment by minimising land clearing and where vegetation removal is necessary, by controlling the location, timing extent and nature of land clearing.

d??????? To minimise erosion of disturbed ground within building and development sites through the control of surface water quantity and flow paths.

e??????? To intercept and contain eroded material from building and development sites, avoiding the transfer to adjoining lands and waters of mobilised sediments from these sites.

f???????? To ensure prompt, practical and effective stabilisation of disturbed lands through control of the location, timing, extent and nature of rehabilitation and landscaping measures.

g??????? To ensure effective use of this plan for improved sediment and erosion control practices within the catchment and to enforce compliance of relevant standards therein.

 

 

1.7???????? DEFINITIONS (ENVIRONMENTAL PLANNING AND ASSESSMENT ACT 1979)

 

Activity:

a??????? the use of land, and

b??????? the subdivision of land, and

c??????? the erection of a building, and

d??????? the carrying out of a work, and

e??????? the demolition of a building or work, and

f???????? any other act, matter or thing referred to in Section 26 that is prescribed by the regulations for the purposes of this definition, but does not include,

g??????? any act, matter or thing for which development consent under Part 4 is required or has been obtained, or

h??????? any act, matter or thing which is prohibited under an environmental planning instrument, or

i???????? exempt development, or

j???????? development carried out in compliance with an order under Division 2A of Part 6, or

k??????? any development of a class or description that is prescribed by the regulations for the purposes of this definition.

 

Approval ? Consent or authorisation given by an appropriate authority.

 

Building Works ? Any physical activity involved in the erection of a building.

 

Council ? Nambucca Shire Council.

 

Council Activity ? Includes any activity on land owned by or on behalf of Council outlined in section 2 of Council?s Erosion and Sediment Control Development Control Plan.

 

DCP ? Development Control Plan.

 

Development ? In relation to use of land:

a??????? The erection of a building on that land;

b??????? The carrying out of a work in, on, over or under that land;

c??????? The use of that land or of a building or work on that land; and

d??????? The subdivision of that land.

 

EP&A Act ? Environmental Planning and Assessment Act 1979

 

Erosion ? The removal and/or transport of soil or materials from a given area, by the processes of wind, water and or/gravity.

 

Erosion and Sediment Control (ESCP) ? A plan showing how potential erosion and sedimentation occurring on a given site, as a result of building, development or an activity, will be minimised.

 

Land Use ? Refer to definition for activity.

 

Sediment ? Material of varying size, both mineral and organic, that is being, or has been, moved from its site of origin by the process of wind, water and or gravity and comes to rest on the earth?s surface either above or below sea level. Fine sediment is a fraction of sediment consisting of silt (particles 0.002mm ? 0.02mm in diameter) and clay (particles <0.002mm in diameter).

 

Sedimentation ?The deposition of eroded soil, sediment or other material.

 

Subdivision ? Dividing land into parts.

 

Waters ? Any river, stream, lake, lagoon, swamp, wetlands, unconfined surface water, natural or artificial watercourse, dam or tidal waters (including the sea), or part thereof, and includes water stored artificial works, water mains, water pipes, and water channels, and any underground or artesian water, or any part thereof.

 

 

 

2.0?????? EROSION AND SEDIMENT CONTROL IN NAMBUCCA SHIRE COUNCIL LOCAL GOVERNMENT AREA

 

2.1???????? WHAT IS EROSION AND SEDIMENT CONTROL

 

Erosion is the degradation and removal of soil by the movement of water and/or wind. Sediment control is the physical control by various means, of erosion and sediment run off created by disturbance of soil surfaces. Erosion can occur in a short period such as prior (after vegetation clearing), during, and after, the construction stage of a site.

 

Sediment removed by erosion damages lower land, blocks stormwater drains, and is eventually deposited in the receiving waters. The result is turbidity in natural water bodies, a reduction of recreational value, damage to the aquatic environment, smothering of seagrasses and shoaling further downstream in the estuary.

 

Eroded land represents a cost to the developer, the purchaser, the environment and downstream water users and industries. It can also represent a cost to ratepayers if remediation is required. Restoration may require the repair or renewal of underground services, reforming the soil surface to fill minor gullies and rills, importing topsoil to replace that lost by erosion or burial during the construction process, and establishing stabilising ground cover. For example a single building block can lose four truckloads of soil in one storm (DECCW 2009).

 

Erosion control measures must be implemented during all stages of development to minimise sediment generation. The control of erosion as close to the source as possible can reduce the subsequent demand on sediment trapping structures,

 

The implementation of a range of erosion control techniques, to manage stormwater run off at a non-erosive velocity protection of disturbed soil surfaces, can maintain stability and prevent erosion.


2.2???????? EXPECTATIONS OF NAMBUCCA COUNCIL

 

This DCP is a statement of Nambucca Shire Council?s requirements and expectations for the MINIMUM standards for erosion and sediment control.

 

Should you require further information regarding Nambucca Shire Council?s Development Control Plan - Guidelines for Erosion and Sediment Control please contact Council's Environment and Planning Department.

 

The successful implementation of this DCP will establish the minimum standards that Nambucca Shire Council expects from development sites. Combining both education and compliance, pollution caused by excessive sediment loads from the construction sites will decrease over time and lessen the impact that development has on the Shires land and waterways.

 

Nambucca Shire Council has a commitment to minimise the amount of soil that is being removed from our catchment through stormwater run-off, by ensuring that the development activities within the Nambucca LGA are approached in an ecologically sustainable manner.

 

 

2.3???????? REQUIREMENTS OF THE DCP

 

2.3.1????? During the undertaking of any works specified in Clause 1.3, all soil materials arising from the removal of vegetation, clearing, levelling, filling, excavation and/or disturbance of any site, including the placement of any building material stock piles shall be wholly contained on the site and not be permitted to enter adjacent lands, street gutters, drains and/or waters.

 

2.3.2????? To satisfy Clause 2.3.1, the person responsible for a site to which this DCP applies shall:

 

????????? Prepare and implement an approved ESCP which specifies how erosion and sedimentation will be controlled, including the removal method of excess water on site; and

????????? Act upon a condition(s) attached to the development consent which specifies how erosion and sedimentation will be controlled; and

????????? Implement erosion and sediment control measures specified in the development application, Section 68 of the Local Government Act, 1993, or activity specification. These provisions are covered in the Environmental Planning and Assessment Act, 1979; and

????????? Implement erosion and sediment control measures specified in this DCP.

????????? Council retains the discretion to the discretion to decide whether a proposed ESCP is adequate.

 

Nambucca Shire Council retains the discretion to decide when an erosion and sediment control plan is required.

 

2.3.3????? Where an Erosion and Sediment Control Plan (ESCP) is required, Council, or Private Certifier approval must be obtained prior to any soil disturbance (as per Clause 1.3) occurring.

 

2.3.4????? The person/s supervising the construction and maintenance of all erosion and sediment controls shall:

 

????????? Have appropriate training or demonstrated knowledge and experience in erosion and sediment control; and

???????? Act with due diligence during the design, implementation and maintenance of the erosion and? sediment control plan and measures; and

???????? Conduct modifications and changes as required and as directed; and

???????? Will remove such structures when the site is no longer prone to erosion or sedimentation; and

???????? Have the appropriate authority (Council or Private Certifier) to make decisions on the site without further consultation.

 

2.3.5????? During the course of the development or work, control designs and measures may need to be amended and the approved ESCP reviewed. Any deviations from the original approved ESCP are to be approved by the appropriate authority.

 

2.3.6????? The approved control measures must be implemented prior to any land disturbance (as per Clause 7.2.1) commencing and be maintained until the completion and/or effective establishment of stabilisation works. Once in place, the approved control measures shall be effectively maintained for as long as they are required (If unsure, Council staff are available to comment on whether controls are adequate or still needed).

 

2.3.7????? All site personnel are responsible for notifying the appropriate people for the authorised or unauthorised removal of any erosion and sediment control measures. The control measures must be reinstated within the same day.

 

 

 

3.0?????? IMPLEMENTATION OF THIS DEVELOPMENT CONTROL PLAN

 

Council will implement the DCP by incorporating requirements for erosion and sediment control as conditions of consent for each development application approval. All personnel on the site are responsible for ensuring that the conditions of consent are complied with. It is Council?s and/or the PCA?s responsibility to enforce this plan.

?

Another way that Council will enforce the DCP is by ensuring that during the environmental assessment of an application, erosion and sedimentation control is considered and amended where required.

 

Council officers and/or the PCA will inspect control measures as part of their routine inspections.

 

Council officers and/or the PCA will also conduct random inspections to ensure compliance with environmental legislation.

 

 


 

4.0?????? EROSION AND SEDIMENT CONTROL PLANS (ESCP?s)

 

4.1???????? FORM OF ESCP?s

 

4.1.1????? ESCP?s can vary depending on the complexity, scope and nature of the development. The plan can be in the form of a simple statement for minor proposals to detailed plans and associated documentation for major proposals.

 

4.1.2????? For major proposals that are staged over an extended time, a staged ESCP should be prepared.

 

4.1.3????? An ESCP must demonstrate that the appropriate controls have been planned and when implemented will be effective in minimising erosion and sedimentation, including the removal of excess water off the site without causing environmental harm.

 

4.1.4????? Unsatisfactory ESCP?s will be rejected and development applications will not be approved until an amended plan satisfactory to Council has been submitted.

 

4.1.5????? An ESCP outlines how potential erosion and sedimentation from any site will be minimised. Nambucca Shire Council?s Erosion and Sediment Control DCP demonstrates in detail, three (3) main issues regarding erosion and sedimentation plans:

 

???????? The need for an ESCP

???????? The aim of an ESCP

???????? The preparation of an ESCP

 

 

4.2???????? NEED FOR A ESCP

 

4.2.1????? Erosion and sediment control plans are necessary to ensure that:

 

???????? erosion and sedimentation control and development activities are planned and completed together;

???????? soil disturbance is kept to a minimum and the potential for erosion and sedimentation is either eliminated or at least kept to a minimum; and

???????? a strategy to manage erosion and sedimentation is considered early in the planning stage and is integral in the initial site development.

 

Refer to Sections 1.3 and 2.3 to determine whether an ESCP is required.

 

 

4.3???????? AIM OF ESCP

 

4.3.1????? The aims of an erosion and sediment control plan are to:

 

???????? effectively control the movement of water and sediment from the top of the site through to the bottom of the site;

???????? gauge an understanding of the features and limitations of the site in order to prevent and minimise erosion and sedimentation;

???????? progressively rehabilitate the disturbed areas of the site; and

???????? minimise the potential for sediment laden water to leave the site and/or enter a stormwater drain, water body or watercourse.

 

The ESCP must account for all aspects of development of the site and must be effective from the initial clearing of the site through to the completion of the development.

4.4???????? PREPARATION OF ESCP

 

4.4.1????? To enable an ESCP to be effective, the correct format must be used. The nature and size of the development or work will determine the preparation and detail of the plan. The standard format for an erosion and sediment control plan consists of:

 

???????? a site plan; and

???????? supporting information; and

???????? construction details, calculations and notes; and

???????? details of reasons for staging.

 

 

4.5???????? THE SITE PLAN

 

An ESCP shall include, but not be limited to the following details:

 

???????? be to a recognised scale ie (1:100, 1:200),

???????? locality plan,

???????? contours,

???????? existing vegetation,

???????? existing site drainage,

???????? land slope gradient,

???????? location of stockpiles,

???????? erosion control measures,

???????? sediment control measures,

???????? location of roads, driveways, access-ways and all impervious surfaces,

???????? details of site revegetation program,

???????? outline of maintenance program for erosion and sediment control,

???????? details of method for pumping out/removal of excess water from the site,

???????? name of person responsible for implementing ESCP.

 

 

4.6???????? SUPPORTING INFORMATION

 

4.6.1????? Supporting information to be submitted along with the ESCP may include:

 

a??????? A brief description of any areas on site that have the potential for serious erosion or sedimentation, together with the proposed management details;

 

b??????? A maintenance strategy for all control measures, including the nomination of responsibility for the follow?up maintenance required;

 

c??????? A brief description of the overall site rehabilitation program; and

 

d??????? Stormwater management plan.

 

 

4.7???????? CONSTRUCTION DETAILS, CIRCULATION AND NOTES

 

4.7.1????? Construction drawings and/or written specifications must be provided for the structural erosion and sediment controls proposed.

 

Applicants are strongly advised to use the services of a suitably qualified and experienced person to design their ESCP?s. All submitted plans should bear the names and qualifications of such persons, acknowledging authorship.

 


5.0?????? MINIMUM EROSION AND SEDIMENT CONTROL STANDARDS

 

The following are minimum requirements that Nambucca Shire Council expects from all development and work sites described in Section 1.3 of this development control plan.

 

All erosion and sediment control, pollution control and rehabilitation measures undertaken in accordance with this DCP shall conform to the specifications and standards contained in publications listed in Section 7.

 

 

5.1???????? BUILDING MATERIAL STOCKPILES

 

Stockpiles of building materials shall not be stored on nature strips, footpaths, roadways, access ways, public lands or within drainage lines and easements. The stockpiles on site are to be retained wholly within the site boundaries and protected with appropriate sediment and erosion control measures.

 

 

5.2???????? PROGRESSIVE REVEGETATION AND STABILISATION

 

All disturbed areas are to be progressively stabilised and/or revegetated as soon as practicable as a staged development is preferred. Appropriate erosion control measures are to be implemented to effectively minimise erosion until the disturbed areas are restored. A Nambucca Valley Vegetation and Planting Guide for native species is available at:

http://www.nvlandcare.org.au/downloads/dlVegPlantGuide.pdf

 

 

5.3???????? CLIMATE CONSIDERATION

 

Taking climatic and seasonal variations into account before any vegetation is removed and/or soil disturbance. During wetter months large amounts of sediments are lost from the site, if work is held up due to rain periods, then this may create problems with maintaining sediment control structures.

 

 

5.4???????? ROOF GUTTERING

 

The stormwater guttering and downpipes are to be installed and connected to Council?s approved drainage system. Connecting the stormwater early will improve site access and drainage and prevent erosion.

 

 

5.5???????? SEDIMENT FENCING

 

A sediment fence is to be erected along or adjacent to the down-slope boundary(s) of the site and constructed from an approved geotextile filter fabric to capture the sediment from stormwater run-off. Either ends of the fence should be keyed into the ground and turned up-slope. Excessive sediment build up behind the fence must be regularly removed in order for the fence to stay effective. In circumstances where the sediment fence is located adjacent to the street, the fence is to be erected on the development side of the turf filter strips and within the property boundary.

 

 


5.6???????? SEDIMENT TRAPS

 

Sediment traps are to be located at all points where stormwater leaves the site and enters the street stormwater gutter or drainage system. There are various methods of sediment traps and the most appropriate method should be implemented. The sediment traps are to be cleaned regularly in order to maintain effectiveness.

 

 

5.7 ??????? SITE ACCESS

 

An all weather site access pathway for vehicles is to be provided. All vehicles entering and exiting the site must be limited to a single controlled area so as to avoid excessive ground disturbance. Appropriate sediment controls must be implemented at the entry/exit point to prevent sediment being tracked off the site such as aggregate extending a minimum of 6 metres into the site for a shaker. The all weather access may require additional aggregate from time to time. All run-off from driveways, access ways and water used to clean sediment off wheels of vehicles must be drained into an approved sediment trapping device on site.

 

 

5.8???????? TURF FILTER STRIPS

 

A strip(s) of turf 600mm wide, should be installed adjacent to the street gutter should the soil on the nature strip be disturbed. The turf aids in filtering stormwater run-off and prevents erosion of the site. Native vegetation of the nature strip should not be removed to make way for turf.

 

 

5.9???????? CHECKLIST OF EROSION AND CONTROL MEASURES FOR A DEVELOPMENT SITE

 

a??????? Minimise area to be cleared and leave as much vegetation as possible.

b??????? Install sediment fence(s) along low side of the development before work begins.

c??????? Divert up-slope water around the work site and stabilise channels, but ensure that the neighbouring property is not flooded.

d??????? Provide a single stabilised entry/exit point for the site that is clearly marked for deliveries to the site. Any additional vehicles are to park on the roadway and not on Council?s footpath.

e??????? Leave or lay a kerb side turf filter strip to slow the speed of water, minimise erosion and trap excess sediment.

f???????? Stockpile soil and other materials within the sediment controlled boundaries.

g??????? Sweep the road every day and dispose of waste material on site. Washing of roads, driveways and footpaths is forbidden.

h??????? Provide guttering and downpipes, connected to an approved stormwater system once the roof framework has been completed.

i???????? Maintain erosion and sediment control measures for entire period of construction including during the final rehabilitation period.

j???????? Keep logs of maintenance and cleaning schedules and have them signed by the appropriate person at the end of each day.

k??????? Protect all stormwater entry points with approved filtration device e.g. sand bags, geotextile fabric installed under the stormwater grate, hay bales wrapped in geotextile fabric.

l???????? Ensure all staff on site are aware of their obligations under current environmental legislation and conditions of consent for the development.

 


 

6.0?????? PENALTIES FOR NON COMPLIANCE

 

Council?s approval of development applications will be subject to compliance with submitted erosion and sediment control plans.

 

Section 125(1) and 76A(1) of the Environmental Planning and Assessment Act 1979 deals with the development not carried out in accordance with development consent. A person found guilty of an offence against this Act shall, for every such offence, be liable to the fixed penalty (approx $600) expressly imposed and if found guilty in a court a penalty is imposed not exceeding 10,000 penalty units and to a further daily penalty not exceeding 1,000 penalty units.

 

 

6.1???????? CAUSING A POLLUTION INCIDENT

 

A pollution incident is defined in the Protection of the Environment Operations Act 1997 as;

 

?an incident or set of circumstances during or as a consequence of which there is or is likely to be a leak, spill or other escape or deposit of a substance, as a result of which pollution has occurred, is occurring or is likely to occur. It includes an incident or set of circumstances in which a substance has been placed or disposed of on premises?.

 

A person who is found to be responsible for or to be causing a pollution incident may be liable to set penalties under the Protection of the Environment Operations Act 1997.

 

???????? Section 91 - Clean Up Notice

o?? Issued to polluter to direct them to clean up the pollution

o?? Attracts an administration fee

 

???????? Section 96 - Prevention Notice

o?? Issued to person in control of site to prevent a pollution event from occurring

o?? Attracts an administration fee

 

???????? Section 104 - Cost Compliance Notice

o?? Issued to polluter and/or person in control of site to repay Council for costs incurred in the clean up when the action of the polluter was too slow or non existent.

o?? Invoices the costs incurred

 

???????? Section 120 - Pollute waters

o?? Fixed Penalty Notice can be issued to polluter (approx $750 for individual $1500 for corporation)

o?? Person who is found guilty of this offence in Court is liable, on conviction, a penalty of:

?? Up to $1 000 000 or 7 years imprisonment for an individual or both

?? Up to $5 000 000 for a corporation

 

???????? Section 167 - Failure to maintain and/or operate control equipment

o?? Fixed Penalty Notice can be issued to polluter (approx $750 for individual $1500 for corporation)

o?? Person who is found guilty of this offence in Court is liable, on conviction, a penalty of:

?? Up to $250 000 for an individual and in the case of a continuing offence a further penalty of $60 000 for each day the offence continues

?? Up to $1 000 000 for a corporation and in the case of a continuing offence a further penalty of $120 000 for each day the offence continues.

 

6.2???????? FAILURE TO COMPLY WITH SUBMITTED ESCP

 

6.2.1 ???? Failure to comply with the submitted ESCP causing a pollution incident to occur will result in Council issuing a penalty notice under Section 120 and/or Section 167 of the Protection of the Environment Operations Act, 1997 for every day that the offence occurs. More serious matters may be heard in the Local Court or in the Land and Environment Court.

 

6.2.2 ???? Failure to comply with the submitted ESCP will result in Council serving either a Clean Up Notice and/or a Prevention Notice under Sections 91 and 96 respectively of the Protection of the Environment Operations Act, 1997, or a penalty notice under Sections 125(1) and 76A(1) of the Environmental Planning and Assessment Act 1979. Again, more serious matters may be heard in the Local Court or in the Land and Environment Court.

 

????????????? Further to this Council may issue an order under Section 121B of the Environmental Planning and Assessment Act 1979 to comply with development consent.

 

 

6.3???????? LEGISLATION

 

Other Legislation that may be used where compliance is not met includes:

 

???????? Environmental Planning and Assessment Act, 1979

???????? Protection of the Environment Operations Act, 1997

???????? Local Government Act, 1993

???????? Fisheries Management Act, 1994

???????? Water Management Act, 2000

???????? Soil Conservation Act, 1938


7.0?????? REFERENCE DOCUMENTS

 

Information contained in this DCP has been taken from specifications and standards contained in the following available publications.

 

Department of Environment, Climate Change and Water (DECCW) (2009)

[http://www.environment.nsw.gov.au/water/stormwater.htm]

 

Dwyer. P.J. and Brook. I, (1992) Urban Erosion and Sediment Control - Field Guide, Department of Conservation and Land Management (CALM) August 1992. [http://www.shop.nsw.gov.au/pubdetails.jsp?publication=123]

 

Hunt. J. S, (1992) Urban Erosion and Sediment Control, Department of Conservation and Land Management (CALM).???

[http://www.shop.nsw.gov.au/pubdetails.jsp?publication=849]

 

Landcom, (2004) Managing Urban Stormwater: Soils and Construction, Volume 1, Landcom NSW Government, 4th Edition, March 2004. (also known as the ?Blue Book?)

[http://www.landcom.nsw.gov.au/bluebook.aspx]

 

Landcom, (2004) Managing Urban Stormwater: Soils and Construction - the Hip Pocket Handbook, Landcom NSW Government, 1st Edition, March 2004

[http://www.landcom.nsw.gov.au/bluebook.aspx]

 

NSW Legislation Website [www.legislation.nsw.gov.au]

 

?


Ordinary Council Meeting

15 October 2009

Director Environment & Planning's Report

ITEM 9.7????? SF226????????????? 151009???????? Report on Strategic Companion Animals Management Plan (SCAMP)

 

AUTHOR/ENQUIRIES:???? Phillip Gall, Manager Health and Building ????????

 

Summary:

 

The requirement for Council to develop a Strategic Companion Animal Plan (SCAMP) was identified in the Promoting Better Practice program Review Report, recommendation number 34 finalised in August 2008.

 

The draft plan has been placed on public exhibition with two (2) submissions being received over the exhibition period and one other suggestion received in April 2009 relating to off leash area at Scotts Head.

 

Submissions related to the following points:

 

?????????????? Move entry point to Scotts Head off leash area from Banksia Crescent to boat track in South Pacific Drive. This will provide more car parking area and reduce dog faeces on the Youth Centre walkway through to Fosters Beach.

?????????????? Concern about the lack of off leash areas in Nambucca Heads for residents in the Farringdon Village area. The beach at Swimming Creek is too far for people to get to, walking in sand which not always easy for all people. Need for additional off leash areas near Nambucca River, Stuart Island, picnic areas, Mumbler Street, Farringdon playing field, Macksville, Bowraville and Scotts Head.

?????????????? Council sponsor dog training classes and other activities such as agility training.

?????????????? Encourage through dog clubs a basic training and socialising unit to conduct suitable programs.

?????????????? Use of Council owned cat traps and need to educate cat owners to their responsibilities with straying animals and native fauna.

?????????????? Amendments to schedule 1 of the Draft SCAMP to increase access to reserve and beach areas at Scotts Head with time access limitations on leash.

?????????????? Change to access on public reserve and grounds regularly mown, changing to sporting or athletic ovals.

 

 

Recommendation:

 

1????????? The revised Strategic Companion Animal Management Plan be adopted.

 

2????????? That Council formally consult with the Island Golf Club, the Nambucca Heads Local Aboriginal Land Council and the Department of Lands with a view to establishing a second off leash area at Nambucca Heads on Stuart Island.

 

3????????? That Council install a second faeces collection bin at the Scotts Head Day Reserve area and provide an additional $2,500 to cover costs to set up these areas (Stuart Island plus Scotts Head Day Reserve).

 

3????????? Council?s Companion Animals & Community Brochure for Cats and Dogs be amended to reflect the changes included in Schedule 1 of the SCAMP document.

 

4????????? Council?s website be upgraded to reflect the new brochure, new signage for the on and off leash areas within the Shire.

 

5????????? Council trial a program to rehouse one (1) animal from the Animal Shelter (Pound) per month, with animals to be sold for cost of microchipping, registration and any vet costs associated with each animal. Sale of each animal to be promoted on Council?s website and local media, provided no costs are incurred.

 

6????????? Access to the off leash area on Forsters (Main) Beach Scotts Head, faeces bin and signage be relocated to track off the end of West Street to the beach.

 

 

OPTIONS:

 

1????????? Adopt the draft plan as exhibited without making any change.

2????????? Amend the draft plan to incorporate suggested changes.

3????????? Amend the draft plan to incorporate some of the suggested changes.

 

 

DISCUSSION:

 

Council has considered reports to look at providing additional off leash areas for Macksville, Bowraville and Nambucca Heads west of the Pacific Highway and resolved not to proceed with additional areas due to setup and ongoing maintenance costs.

 

The northern end of Stuart Island has for many years been used as an exercise area for dogs off leash, unofficially. The official designation of this area will also require the installation of a faeces collection bin and bag dispensing unit along with ongoing servicing of the facility. Estimated costs are $500 to supply and install bin and bag dispenser with annual servicing costs around $1,500 for collection of waste and supply of bags.

 

 

CONSULTATION:

 

The draft plan was placed on public exhibition for 28 days and advertised in the Guardian newspaper and on Council?s website over the exhibition period.

 

Comments have been sought from Council?s contract Regulatory Officer.

 

Comments have been requested from the Trust Manager of the Crown Reserve areas at Scotts Head who controls the areas being Caravan Park, Day Reserve area and foreshore reserve areas.

 

The Trust Manager has no objections to trialling the suggested changes to on leash times on the land under the Crown?s control and has requested consideration of the installation of one (1) additional faeces collection bin on the reserve area to minimise potential problems.

 

Comments in regard to Draft Strategic Companion Animals Management Plan (SCAMP)

 

Page Number

Proposed Changes/Comments/Questions

Staff Response

18

Schedule 1 - Clarify numbering system in schedule

New numbering system included

18

Schedule 1 ? Section 1a ? delete ?and Road to Headland Car Park?

Change included

18

Schedule 1 ? Change reference number in North Valla Beach under 1a

Change included

18

Schedule 1 ? Add ?Scotts Head Reserve Day Area?

Change included

18

Schedule 1 ? Add ?Forsters Beach (Main Beach) & Little Beach ? Scotts Head?

Change included

18

Schedule 1 ? Section 1b ? Delete ?in any public reserve and ground? and add ?on any sporting or athletic oval?

Change included

18

Schedule 1 ? Delete ?Dogs are permitted on certain beaches as follows at all times?

Change included

18

Schedule 1 ? Insert under Off Leash Area, ? Dogs are permitted on the following beaches at all times?

Change included

18

Schedule 1 ? Delete ?Dogs are permitted on the following beaches before 9.00 am and after 6.00 pm.?

Change included

18

Schedule 1 ? Insert after On Leash Only, ? Dogs are permitted on the following beaches at the times indicate.?

Change included

18

Schedule 1 ? Include time restrictions for access to Forsters, Little Beach & Day Reserve Area at Scotts Head

Change included

 

 

Page Number

Proposed Changes/Comments/Questions

Staff Response

18

Schedule 1 ? Inappropriate amount & location of off-leash areas within the shire. Suggested sites ? Nambucca River, Stuart Island, Mumbler Street or Farrington playing fields and suggested similar areas around Macksville, Bowraville & Scotts Head & other townships in the shire.

See recommendation for additional off leash area on Stuart Island, Nambucca Heads

 

Council sponsor dog training classes & other activities such as agility training. Local Vet has a puppy training program for 3-6 month pups, need for training program for next level of age & activity. Suggested formation of a suitable basic training & socializing unit with need to attract funding to utilize clubs from outside the shire.

Not included

 

Concern about large number of residents from area west of the highway in Nambucca Heads that can?t get to Swimming Creek off leash area and the unsuitability of walking on sand for elderly. Need for a more suitable area on grass closer to this residential area.

See recommendation for additional off leash area on Stuart Island, Nambucca Heads

 

Suggestion lodged with previous submission for DA in April suggesting access to off leash area on Forsters Beach Scotts Head be moved be away from Banksia Crescent to boat track off South Pacific Drive. Allow for move car parking and less faeces? on track to Youth Centre

Recommendation to move off leash access back to Cnr West St & Banksia Cres Scotts Head

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

The provision of adequate exercising areas for companion animals is important to pet owners and also in allowing dogs exercises to assist in good behaviour. There are potential environmental impacts if dog owners don?t pick up after their pets.

 

It is important that adequate facilities are installed and maintained when looking at designated off leash areas for dogs.

 

Social

 

The provision of exercise areas both on and off leash provides for social interaction between animals and their owners while providing good pet care.

 

Economic

 

There are perceived economic benefits to communities due to animal welfare and personal health by regular exercising of animals and owners.

 

Risk

 

Impacts on the local environment and public areas where dogs may are permitted and dog owners do the wrong thing by not picking up faeces. This can have impacts on other users of the public areas and pose public health risks.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

The two additional waste bins and one additional off leash areas to be established within the Shire will require additional funds of $2,500 for the first year and around $2,200/year thereafter to service and provide replacement bags for the dispenser unit.

 

Source of fund and any variance to working funds

 

Costs to administer the companion animals program is partly funded through registration fees and infringement income. Costs far exceed the income for administering and running this activity of Council?s operation.

 

Should Council decide to provide for one (1) additional off leash area on Stuart Island, Nambucca Heads and install an additional waste bin at Scotts Head, it will require an increase vote of $2,500 with additional operational funds to be considered in future management plans.

 

Attachments:

1View

8680/2009 - Draft Strategic Companion Animals Management Plan (SCAMP)

 

??


Ordinary Council Meeting - 15 October 2009

Report on Strategic Companion Animals Management Plan (SCAMP)

Attachment 1

8680/2009 - Draft Strategic Companion Animals Management Plan (SCAMP)

 

 
 


NAMBUCCA SHIRE COUNCIL

 

 

 

 

STRATEGIC

COMPANION ANIMALS

MANAGEMENT PLAN

 

2009 ? 2014

 

 

 

Prepared by:? Environment & Planning Department

Dated:? April 2009

Adopted by Council:? ?

 


Our Vision

 

Nambucca Valley ~Living at its best.

 

 

 

 

Our? Mission Statement

 

?The Nambucca Valley will value and protect its natural environment, maintain its assets and infrastructure and develop opportunities for its people.?

 

 


Ordinary Council Meeting - 15 October 2009

Report on Strategic Companion Animals Management Plan (SCAMP)

Attachment 1

8680/2009 - Draft Strategic Companion Animals Management Plan (SCAMP)

 

TABLE OF CONTENTS

 

EXECUTIVE SUMMARY.. 1

STRATEGIC PLANNING.. 2

1.0?????? INTRODUCTION.. 2

1.1?????? What is a Local Companion Animal Management Plan?. 2

1.2?????? Framework of the Plan. 2

1.3?????? Scope of this Plan. 2

2.0?????? COMPANION ANIMAL MANAGEMENT.. 3

2.1?????? Registration & Identification of Companion Animals. 3

2.2?????? Off leash areas for Dogs. 3

2.3?????? Exclusion areas for Companion Animals. 4

2.4?????? Nuisance Dog Orders. 4

2.5?????? Dangerous Dog Declarations. 5

2.6?????? Restricted Breeds. 5

2.7?????? Dog Attacks. 6

2.8?????? Cats. 6

2.9?????? Nuisance Cat Orders. 7

2.10???? Enforcement or Education. 7

2.11???? What are the benefits of pet ownership?. 8

3.0?????? GOAL AND AIMS. 8

3.1?????? Goal 8

3.2?????? Aims. 8

ACTION PLAN.. 9

4.0?????? KEY AREAS IN THE ACTION PLAN.. 9

4.1?????? Animal Welfare and Safety. 9

4.2?????? Education and Public Awareness. 10

4.3?????? Recognising the benefits of pet ownership. 10

4.4?????? Recognising owner?s responsibilities to their pets. 11

4.5?????? Identification and Registration. 11

4.6?????? Desexing. 11

4.7?????? Noisy Dogs ? Excessive barking. 12

4.8?????? Dangerous Dogs, Dog attacks & Restricted Breeds. 12

4.9?????? Companion Animals in Public Places. 13

4.10???? Straying Dogs. 13

4.11???? Faeces Management 14

4.12???? Cat Management 15

4.13???? Companion Animals and the Environment 15

4.14???? Enforcement 16

4.15???? Resources and Review.. 16

4.16???? Co-operation and Coordination with other Agencies. 17

SCHEDULE 1. 18

SCHEDULE 2. 19

 


Ordinary Council Meeting - 15 October 2009

Report on Strategic Companion Animals Management Plan (SCAMP)

Attachment 1

8680/2009 - Draft Strategic Companion Animals Management Plan (SCAMP)

 

 

EXECUTIVE SUMMARY

 

Nambucca Shire has been reminded of its obligations under the Companion Animals Legislation for the need to develop a Companion Animal Management Plan following the Better Practice Review carried out in 2007.

 

The Companion Animals Act require Council?s to play a greater role in the effect and responsible care and management of companion animals within their Local Government areas in the following areas:

 

?? Animal Welfare and Safety

?? Education of the general public, including cat & dog owners, in respect of their rights and obligations

?? Recognising the benefits of companion animals ownership

?? Identification and registration requirements under the Legislation

?? Desexing

?? Noisy dogs ? excessive barking

?? Nuisance, Dangerous Dogs and Restricted Breeds

?? Dogs in public places

?? Faeces management

?? Cat management

?? Enforcement

?? Nambucca Animal Shelter ? Macksville

?? Funding and Review

?? Cooperation with other agencies

 

Key changes under the current legislation relate to the following areas:

 

?? Life time registration

?? Central register of all pets registered in NSW ? Companion Animals Register (CAR)

?? Councils have greater flexibility in dealing with nuisance animal complaints

?? More emphasis on an education role to pet owners

?? Improved identification of animals and therefore improved turn around times in resolving animal issues

?? Fewer animals impounded, following straying animals being seized when straying

?? Better controls over Dangerous Dogs within the community

?? Improved funding of Council?s animal control program

?? Ability for Restricted Breeds to be controlled and assessed

?? Reduced administration due to life time registration

 

Council continues to provide a regulatory service via a contract with Beach 2 Bush Animal Control with contracts in place until 2011. Administration support is provided to the contractor via Council?s Administration Centre staff.

 

The objective of the State Policy regarding animal welfare referred to in Section 4 of the Companion Animals Act 1998 is the protection of native birds and animals.

 

General Duties of Council under the Act are:

 

1a????? Promote awareness within the shire of the requirements of the Act with respect of ownership of companion animals;

1b????? Ensure Council is notified or made aware of the existence of all dangerous & restricted dogs that are ordinarily kept within the shire.

2??????? Any other functions that may be conferred or imposed on a Council by or under the Companion Animals Act.


STRATEGIC PLANNING

 

1.0????? INTRODUCTION

 

1.1?????? What is a Local Companion Animal Management Plan?

 

The companion Animals Act 1998 is operational throughout the State of NSW and replaced the Dog Act 1966.

 

It has introduced changes to the way dogs are required to be identified, registered and managed by local councils and the animal owners. In addition to these changes the legislation has introduced similar controls on cats.

 

A Companion Animal Management Plan (CAMP) is a document that provides guidance to Councils in relation to their responsibilities in fulfilling their role under the Act & Regulations by detailing clear and relevant objectives and priorities while implementing education, enforcement and responding to complaints relating to Companion Animals.

 

This management plan may need to be read in conjunction with other management plans or polices of Council in areas relating to compliance, enforcement, prosecutions, animal management and restrictions on pet numbers in Council?s LOCAL APPROVALS POLICY ?KEEPING OF ANIMALS?.

 

The CAMP will also provide the general public and specifically pet owner?s better access to what Council?s objectives and priorities are in relation to administering the legislation.

 

1.2?????? Framework of the Plan

 

The Plan is set out in two parts:

 

Part 1 (sections 1 ? 3) refers to Strategic Framework, Aims and Objectives, and

 

Part 2 (section 4) relates to the Actions and Outcomes.

 

Different components of this plan may be changed from time to time due to legislative changes or Council?s policies.

 

1.3?????? Scope of this Plan

 

The plan draws together the various requirements of the Companion Animals Act 1998 and Regulation 2005 and Nambucca Shire Council?s Policies, Management Plan and resources.

 

The plan relates to legislative requirements, Council?s role to act as an educator and compliance authority.

 

This plan relates to the education of owners of dogs and cats and compliance under the provisions of the Companion Animals Act & Regulation.

 

The keeping of other animals as pets is addressed under Council?s Local Approval Policy for the Keeping of Animals 2009 and controls are set out under Part 5 Schedule 2 of the Local Government General Regulation 2005. These animals are not addressed in this Companion Animals Management Plan.

 


2.0????? COMPANION ANIMAL MANAGEMENT

 

2.1?????? Registration & Identification of Companion Animals

 

The Companion Animals Act 1998 sets out the requirements for:

 

?? Permanent identification of animals

?? Requirement to register animals

?? What animals are exempt

?? Concessions that apply to the registering of companion animals

 

These requirements enable Council as the enforcement authority to maintain the following activities and records:

 

?? An accurate record of companion animals within the Council?s area,

?? To assist in identification of animals and returning straying animals to their owners,

?? Data base of pet owners to assist with education of pet owners,

?? Registration of companion animals provides Council with a revenue source to fund compliance operations, erection of signage and providing facilities for pets owners (off leash areas & faeces bins)

 

Under the Act a companion animal must be permanently identified (microchipped) from twelve (12) weeks of age ? (Section 8 of the Companion Animals Act 1998).

 

The Act also requires pets to have an identification collar and tag ? (Section 12 of the Companion Animals Act 1998).

 

A companion animal is required to be registered from the age of six (6) months of age (Section 9 of the Companion Animals Act 1998).

 

Note: Exemptions for certain animals are set out under Section 16 of the Companion Animals Regulation 2008.

 

 

2.2?????? Off leash areas for Dogs

 

Section thirteen (13) of the Act sets out criteria relating to the establishment of off leash areas and restricted times of days that may apply to such declared areas.

 

Section 13(6) of the Act requires that there must be at least one (1) public off leash area within the shire available at all times.

 

Nambucca Shire Council has three (3) approved off leash areas within the shire being:

 

?? North Valla Beach from the 4WD access track north to the shire boundary,

?? Nambucca Beach from Swimming Creek north to a point in line with the access track coming to the beach from the Deep Creek foot bridge,

?? Fosters Beach, Scotts Head, north of the access track off West Street, near the Bowling Club.

 

Council has considered locations in Bowraville and Macksville for additional off leash areas and resolved not to proceed with the establishment of these additional off leash areas.

 

The benefits of such areas relate to:

 

?? animal behaviour ? exercising of dogs housed in small urban allotments can assist with preventing noisy and aggressive behaviour,

?? dogs need to be socialized around other dogs and humans,

?? exercising dogs also provides suitable exercise for owners and social contact with other dog owners,

?? having a number of options for off leash areas avoids concentration of dogs into an off leash area and reduces travelling time for dog owners to access an off leash area,

?? having accessible off leash areas for dog owners to exercise their pets will assist with compliance of pet owners when walking dogs in on leash areas.

 

Council has meet its statutory requirement under the Act in providing three (3) off leash areas within the Shire. Dog off leash areas for smaller urban communities will continue to be an issue for local residents and will need to be re visited from time to time.

 

Section 731 of the Local Government Act 1993 gives protection to Councils and their authorised officers for acts done in good faith for the purpose of executing that or other Acts.

 

 

2.3?????? Exclusion areas for Companion Animals

 

Section 14 of the Act sets out public areas where dogs are prohibited being:

 

?? In or within 10m of any children?s play areas;

?? Within 10m of food preparation or consumption areas (unless such an area is located within a public thoroughfare such as a road, footpath, reserve or pathway);

?? Recreation areas where dogs are declared prohibited;

?? Public bathing areas where dogs are declared prohibited;

?? School grounds (unless with the permission of the person controlling the grounds);

?? Child Care Centres (unless with the permission of the person in controlling the centre);

?? Shopping areas where dogs are prohibited (unless secured in a vehicle, with the permission of the person controlling the place or going to and from a vet or pet shop); and

?? Wildlife Protection areas.

 

A Wildlife Protection area is a public place that has been declared by Council for protection of wildlife.

 

Council declared a number of areas throughout the Shire as restricted areas on 1 July 2004 and these are listed in Schedule 1 of this management plan.

 

 

2.4?????? Nuisance Dog Orders

 

Under section 21 of the Companion Animals Act a dog may be declared a nuisance if it:

 

?? is habitually at large;

?? makes a noise by barking or otherwise, that persistently occurs or continues to such a degree or extent that is unreasonably interferes with the peace, comfort or convenience of a person in any other premises;

?? repeatedly defecates on another person?s or public property;

?? repeatedly chases any person, animal or vehicle;

?? endangers the health of any person or animal; or

?? repeatedly causes substantial damage to anything outside the property on which it is ordinarily kept.

 

Straying dogs in rural areas can cause damage through stock and wildlife attacks. In urban areas straying dogs are a concern to public health and safety and the safety of other pets and wildlife.

 

Pet owners need to be reminded of their responsibilities to restrain dogs when off their properties and contain their dogs on their property.

 

Barking and noisy dogs are an issue that consumes a portion of Council?s Regulatory Officers patrol time.

 

Noise is generally attributed to one of the following reasons:

 

?? larger dogs in small yard spaces,

?? dogs not being regularly exercised,

?? dogs guarding property when owners are away from the property,

?? wildlife activity in adjoining reserves or bush lands,

?? dogs being left on their own for extended periods,

?? dogs being excited by activity in adjoining properties.

 

Resolving noise complaints can be very time consuming for staff and often these issues cause ongoing disputes between residents.

 

 

2.5?????? Dangerous Dog Declarations

 

Council or Authorised Officers of Council may declare a dog as dangerous under Section 34 of the Act.

 

i???????? An authorised officer of Council may declare a dog dangerous if the officer is satisfied the dog is dangerous. Such a declaration applies throughout the State until it is either revoked by the Council or a Local Court. It does not matter if the dog is ordinarily kept in another Council?s area,

 

ii??????? A declaration may be made by an authorised officer of Council on the officers own initiative or on the written application of a Police Officer or any other person,

 

iii?????? A declaration has effect throughout the State and imposes very onerous requirements on a dog owner. Penalties are increased substantially for dog owners whose dog offends once a declared dangerous has been made.

 

Requirements placed on dog owners under the Companion Animal Regulation 2005 once declared are set out in Schedule 2 of this plan.

 

Local Courts also have the power under the Act to declare a dog dangerous.

 

Once a declaration is made it cannot be revoked for a period of twelve (12) months by Council or unless revoked by an appeal to the Local Court.

 

Decisions to declare a dog dangerous or to revoke a declaration is to be notified to the Director General within seven (7) days.

 

 


2.6?????? Restricted Breeds

 

Section 55 of the Companion Animals Act 1998 sets out the following as restricted breeds:

 

?? Pit Bull Terriers;

?? American Pit Bull Terriers;

?? Japanese Tosas;

?? Argentinian fighting dogs (dogo Argentino);

?? Brazilian fighting dogs (fila Brasileiro); and

?? Any other dog of a breed, kind or description whose importation into Australia is prohibited by or under the Customs Act 1901 of the Commonwealth;

?? Any dog declared by a Council under Section 6, of the Companion Animals Act 1998 to be restricted dog;

? Any other dog of a breed, kind or description prescribed by the regulations for the purposes of this section.

 

An authorised officer of Council may under Division 6, sections 58A and 58C of the Companion Animals Act may declare individual dogs to be a restricted dog which will apply to that dog while housed within the State, unless revoked by the Council or the officer who has made the declaration.

 

A proposed declaration may be challenged by the dog owner by getting either a breed or temperament assessor?s written report on their dog that refutes the claims made by the Council officer.

 

 

2.7?????? Dog Attacks

 

Dog attacks on stock or persons have caused death within the State and legislative changes have been made to the Companion Animals Act to ensure all such attacks are reported to the Department of Local Government within seventy two (72) hours of Council being made aware of the attack. Council has a responsibility to report back to the Department on what actions have been taken in response to any dog attack.

 

Depending on the type of attack, and previous history of attacks by the dog an attack may be dealt with by one of the following actions:

 

?? Issue penalty notice (on-the-spot fine);

?? Issue a warning letter;

?? Issue a nuisance dog order;

?? Issue a nuisance dog order with controls;

?? Issue a dangerous dog declaration;

?? Have the dog surrendered and euthanized

 

 

2.8?????? Cats

 

The requirement to have cats permanently identified and registered is a new requirement introduced under the Companion Animals Act 1998.

 

The two main impacts of cats are related to straying domestic cats to neighbouring properties and their impacts on native fauna.

 

There is a need to deal with all types of cats, domestic, feral and stray cats.

 

Section 30 of the Act restricts cats from the following public areas:

 

?? food preparation or consumption areas (unless it is a public thoroughfare such as a road, footpath or pathway); or

?? wildlife protection areas.

 

A wildlife protection area is a public place that has been declared by Council for the protection of wildlife.

 

Council can prohibit cats from entering public places with the intent of protecting wildlife by one or more of the following actions:

 

?? educate owners to keep their cats indoors;

?? cat curfews;

?? cat-proof fences and enclosures;

?? housing design standards to assist owners to be responsible in confining their cats; and

?? cat bans in new housing subdivisions/estates, where there are specific environmental concerns.

 

Council has cat traps which are made available to residents and rate payers to trap feral and straying cats. These traps are constantly on hire with cats being delivered to the animal shelter in Kelly Close, Macksville.

 

 

2.9?????? Nuisance Cat Orders

 

Section 31 of the Act enables Council to declare cats to be a nuisance if it:

 

?? makes a persistent noise; or

?? repeatedly damages anything outside the property on which it is ordinarily kept.

 

Nuisance cat orders are dealt with in the same procedure as dog nuisance orders; however dealing with nuisance cat complaints is much more difficult as it is very hard to confine cats to a specific property.

 

 

2.10???? Enforcement or Education

 

Council has a dual role when enacting the Companion Animals Act 1998, being to educate animal owners and enforcement of the provisions of the Act.

 

Education is part of Council?s contract requirements with Beach to Bush Animal Control.

 

A standard set of operating procedures have been developed for ensuring consistency when dealing with offences which provide animal owners with a verbal warning, then a written warning and third offence a penalty notice is issued.

 

Council?s ability to undertake these two aspects depends on animals being registered and correctly identified.

 

Education programs should be targeted at all Shire residents and not just animal owners.

 

Education is an ongoing matter to ensure that seasonal holiday visitors are informed of Council?s policies and requirements under the Act.

 

Council through pamphlet distribution and dealing with customer service complaints provides further education of the shire community.

 

 

2.11???? The benefits of pet ownership

 

The keeping of companion animals can play an important roll for elderly and also for children in developing friendships and areas of responsibilities.

 

Council has a dual roll of ensuring dangerous animals are removed from public areas and re-housing suitable animals impounded or surrendered to Council?s animal shelter.

 

 

3.0????? GOAL AND AIMS

 

3.1?????? Goal

 

The primary goals of this Strategic Companion Animal Management Plan are to:

 

?? Promote and facilitate responsible pet ownership of dogs and cats;

?? Protect animal welfare;

?? Foster animal companionship;

?? Protect the environment and native fauna;

?? Ensure a safe built environment for people and companion animals to co-exist.

 

 

3.2?????? Aims

 

The aims of this Plan are to:

 

?? Assist Council to meet its obligations under the Companion Animals Act 1998 and associated legislation;

?? Prepare and adopt the best mix of education, regulatory and welfare actions to achieve responsible pet ownership within the Nambucca Shire;

?? Ensure compliance with regulatory functions of the Companion Animals Act 1998;

?? Assist pet owners harness the benefits of pet ownership;

?? Look at ways to rehouse animals that are impounded in Council?s Animal Shelter;

?? Look at future strategies for companion animal management within the Shire for the next five (5) years.

 

The Action Plans will form the basis of Council?s Annual Management Plan. The Action Plans are set out in Part 4 of this plan.

 

 


ACTION PLAN

 

4.0????? KEY AREAS IN THE ACTION PLAN

 

The key action areas of the Plan include:

 

?? Animal Welfare and Public Safety

 

?? Education and information dissemination

 

?? Recognising the benefits of pet ownership

 

?? Identification and Registration

 

?? Animal Desexing

 

?? Noise complaints

 

?? Dangerous Dogs and Restricted Breeds

 

?? Dogs in Public Places

 

?? Straying Dogs

 

?? Faeces Management

 

?? Cat Management

 

?? Regulation and Enforcement

 

?? Funding and Review

 

?? Coordination with other agencies

 

4.1?????? Animal Welfare and Safety

 

The three key strategies relating to animal Welfare and safety are:

 

?? To promote desexing of non-breeding pets in order to reduce the number of unwanted animals,

?? Ensure all animals are identified,

?? Provide safe refuge for impounded animals at Council?s Animal Shelter

 

STRATEGIC ACTION

PRIORITY

PERFORMANCE/TARGET

 

Promote desexing of companion animals

 

 

HIGH

 

Include this in education program

 

Promote and enforce micro chipping & registration of cats & dogs to allow safe return of seized animals

 

 

 

 

HIGH

 

Include in education program & follow up with pet owners where pets have been permanently identified but not registered

 

Audit the Animal Shelter facility regularly to ensure the facility is maintained

 

 

 

HIGH

 

Animal Shelter upgrade to be completed by end of 2009

 

4.2?????? Education and Public Awareness

 

Education provides Council with an avenue to inform pet owners of their responsibilities in the public context and compliance with the legislation.

It is also important to involve non pet owners, especially children in how to behave around animals.

 

Any education program forms part of the Contract agreement between Beach to Bush Animal Control and Council.

 

Developing an active program is seen as an important activity within the companion animal program and may include the following actions:

 

?? talks with schools & other education facilities;

?? speaking with aged persons facilities;

?? education of pet owners at localities throughout the Shire.

 

The type of education needs to be both formal and informal. Formal (letters, brochures, pamphlets, programmed meetings and media releases) and informal meetings and discussion with pet owners one on one when conducting interviews and patrols.

 

STRATEGIC ACTION

PRIORITY

PERFORMANCE/TARGET

 

A education plan is developed to involve all key stake holders

 

 

 

HIGH

 

Education program is? developed and delivered annually throughout the Shire by the contractor

 

 

 

4.3?????? Recognising the benefits of pet ownership

 

Local Government has a new role through the education process to help inform pet owners and the general public of the social benefits of owning domestic pets and caring for them so as to reduce their impacts on the built and natural environment.

 

STRATEGIC ACTION

PRIORITY

PERFORMANCE/TARGET

 

Consider the health & social benefits of pet ownership in any future Shire Public Health Plan

 

 

 

MEDIUM

 

Health benefits of pet ownership included in the Shire Public Health Plan

 

Assist tenants, landlords and rental agencies with queries about pet ownership in rental accommodation

 

 

 

 

MEDIUM

 

Distribute copies of pamphlets & brochures to pet owners general public and property owners or their agents

 


4.4?????? Recognising owner?s responsibilities to their pets

 

Through education and patrols within the Shire pet owners are made aware of their responsibilities under the legislation to minimize the impact of their pets on the built and natural environment.

 

STRATEGIC ACTION

PRIORITY

PERFORMANCE/TARGET

 

Develop procedures for dealing with complaints & enforcement

 

 

HIGH

 

Educate owners, reduce legal actions through education program

 

Maintain regular patrols through out urban areas & respond to requests for assistance from pet owners

 

 

HIGH

Contractors monthly report indicates kilometres travelled

Respond to complaints within 24 hours of complaint being received

 

 

4.5?????? Identification and Registration

 

The requirement to permanently identify and register animals is a legislative requirement and is an important aspect in enabling the public and regulators to reunite lost and straying animals with their owners.

 

The Companion Animal Register enables Council to have a data base of all animals within the Shire should they need to contact or provide education to pet owners.

 

STRATEGIC ACTION

PRIORITY

PERFORMANCE/TARGET

 

Educate the community about the importance & need for permanent identification & registration of animals

 

 

 

HIGH

 

Follow through on unregistered pets & pets that are micro chipped but not registered to ensure all animals are registered.

 

4.6?????? Desexing

 

The encouragement and promotion of pet owners to desex their pets is considered to be a high priority to prevent animals breeding and creating unwanted animals that stray and are often released to the natural environment.

 

Concessions are provided to pet owners when registering animals that are desexed.

 

STRATEGIC ACTION

PRIORITY

PERFORMANCE/TARGET

 

Promote desexing of animals within the community

 

 

HIGH

 

assistance into education & desexing campaign


4.7?????? Noisy Dogs ? Excessive barking

 

Noise complaints against dogs can be time consuming for regulatory staff and be the cause of ongoing neighbourhood disputes.

 

Such complaints are not always easy to resolve and a number of actions are used to confirm and resolve the issues:

 

?? Request for complainants to keep noise log for specified period,

?? Undertake survey of neighbourhood,

?? Use chemical collars, electronic devices

?? Engage animal behaviour trainers

 

STRATEGIC ACTION

PRIORITY

PERFORMANCE/TARGET

 

Review procedures for dealing with noise complaints annually

 

 

MEDIUM

 

Review completed as part of annual Regulatory Officers contract review

 

4.8?????? Dangerous Dogs, Dog attacks & Restricted Breeds

 

The Companion Animals Act 1998 provides specials procedures and reporting requirements for dealing with dangerous dogs, dog attacks and restricted breeds.

 

Dangerous dogs and restricted breeds have stringent requirements for housing and handling dogs when in public areas.

 

STRATEGIC ACTION

PRIORITY

PERFORMANCE/TARGET

 

Review standard procedures for dealing with dangerous dogs

 

 

 

HIGH

 

Review annually as part of Regulatory Officers contract review

 

Ensure reporting deadlines and requirements are met to the Department of Local Government

 

 

 

HIGH

 

Audit procedures six (6) monthly

 

Review recommended action following on from a dog attack

 

 

 

HIGH

 

Ensure all actions are put in place and finalised

 

Review procedures for dealing with restricted breeds, including Council nominated restricted breeds

 

 

 

HIGH

 

Review annually with Regulatory Officers contract review

 

 


4.9?????? Companion Animals in Public Places

 

Dogs and their owners are regular users of public open space, and some dogs cause problems for other public space users and the environment.

 

Depending on the location and number of complaints Council may need to review the need for additional off leash areas within the Shire. Council has also restricted dogs from some open spaces and these are set down in Schedule 1 of this plan. Any variations or additions to these areas need to be undertaken in consultation with the local community.

 

Council has a pamphlet which is used to advise pet owners of the restricted areas and location of off leash areas within the Shire. See Schedule 1 and Council?s website www.nambucca.nsw.gov.au.

 

Restricted access areas and off leash areas are signed, with all signs being audited annually.

 

STRATEGIC ACTION

PRIORITY

PERFORMANCE/TARGET

 

Undertake a review of on & off leash areas

 

 

HIGH

 

Review undertaken every four (4) years & Plans of Management for Open Spaces amended accordingly

 

Review restricted access areas for cats & dogs

 

 

MEDIUM

 

Review ever four (4) years & appropriate declarations & orders made under section 13(6) & 14(1) of the Companion Animals Act 1998

 

Disseminate, educate & advertise changes to the areas for an on leash, off leash & restricted areas & commence enforcement.

 

 

 

HIGH

 

Education undertaken by Regulatory Officer within one (1) month of changes being adopted by Council.

Enforcement commences after new signage has been installed

 

 

4.10???? Straying Dogs

 

Straying dogs are at risk of being injured by involvement in::

 

?? Animal attacks,

?? Causing damage to the environment,

?? Traffic accidents and causing traffic accidents

 

Correct identification and registration details play an important role in returning straying dogs to their owners.

 

Dog owners need to have effective barriers and fencing to confine dogs on their property.

 


 

STRATEGIC ACTION

PRIORITY

PERFORMANCE/TARGET

 

Educate the community about the importance of containing their dogs on their property

 

 

 

HIGH

 

Education campaign needs to be a priority and information to be posted on Council?s website

 

Animals are correctly micro chipped & registered

 

 

HIGH

 

Seized animals are correctly identified

 

 

Educate the community & pet owners on the importance of properly exercising their dogs

 

 

 

HIGH

 

Place in the education program & on Council?s website

 

 

4.11???? Faeces Management

 

Section 20 of the Act requires dog owners to pick up and remove dog faeces when in public areas.

 

Faeces has an impact on the environmental, potential health issues and general loss of amenity. Recognition that this requirement is difficult to enforce leads to lack of successful enforcement.

 

Recognition of the importance of faeces removal is a aspect that needs to be a high priority in the educational process.

 

Council has a duty to provide suitable receptacles for the disposal of dog faeces pursuant to section 20 of the Act.

 

 

STRATEGIC ACTION

PRIORITY

PERFORMANCE/TARGET

 

Sufficient rubbish receptacles for disposal of dog faeces

 

 

HIGH

 

Bins are located in appropriate positions, being near designated off leash area, serviced regularly and have collection bags available

 

Review procedures for enforcement

 

 

MEDIUM

 

Procedures are developed and implemented

 

Educate the community about importance of correct disposal of dog faeces

 

 

HIGH

 

Place in education plan and implement plan

 

 


4.12???? Cat Management

 

The requirement to permanently identify and register cats was introduced into the Companion Animals Act in 1998 with the exemption for cats born before 1 June 1999.

 

Council can restrict cats from entering special public places. At this stage Council has not proposed any additional restricted areas over and above those set down in the Act.

 

Council has five (5) cat traps that are hired out to residents of the Shire to assist with the removal of feral and straying cats. Trapped cats are generally taken to Council?s Animal Shelter.

 

Further education is required to heighten cat owner?s awareness to their obligation under the Act to have their pets registered and to contain them on their property.

 

 

STRATEGIC ACTION

PRIORITY

PERFORMANCE/TARGET

 

Consider incorporating on & off leash areas for cats from which dogs are prohibited

 

 

MEDIUM

 

Review to be completed by December 2010

 

Restricting Cats in Public places within the Shire

 

 

 

MEDIUM

 

Appropriate orders made under Section 30 of the Companion Animals Act 1998

 

Education of cat owners as to the benefits of keeping cats in at night which includes the protection of the cats & wildlife

 

 

MEDIUM

 

Input into education campaign

 

Establish procedures for dealing with nuisance cats

 

 

LOW

 

Procedures to be established by end of 2010

 

 

4.13???? Companion Animals and the Environment

 

The Companion Animals legislation has been written with a greater emphasis on the impacts of keeping pets on the built and natural environment.

 

The key impacts are defined as follows:

 

Natural environment???? -?? Impacts on wildlife

????????????????????????????????????? - ? Impact of faeces on water quality & public areas

?????? - ? Noise impacts

?????? - ? Odours from food & kennel areas

 


Built environment????????????? - ?? Impacts on fences and neighbour?s properties

-?? Health impacts on humans worms, ticks, fleas

????????? -?? Social impacts of having pets as companion animals

-?? Rodent control

 

STRATEGIC ACTIONS

PRIORITY

PERFORMANCE/TARGET

 

Educate pet owners of the impact of companion animals on the built & natural environment

 

 

HIGH

 

Health benefits identified, animals contained within properties.

 

Enforcement procedures put in place

 

 

HIGH

 

Annual review of procedures as part of Regulatory Officer?s contract

 

 

4.14???? Enforcement

 

Council has operating procedures relating to enforcement procedures in place and these procedures need to be reviewed annually or as circumstances change.

 

Council has adopted a Compliance, Enforcement and Prosecution Policy.

 

All enforcement is seen as a last resort following education and initial verbal requests for compliance.

 

STRATEGIC ACTION

PRIORITY

PERFORMANCE/TARGET

 

Review all enforcement procedures and policies for operation improvements & gaps

 

 

MEDIUM

 

Annual review of procedures as part of Regulatory Officer?s contract

 

 

4.15???? Resources and Review

 

Once adopted the plan will be subject to on-going review as new legislation, issues and priorities emerge.

 

Amendments to the plan need to be recorded to enable accurate tracking of trends in relation to registrations, complaints, infringements and orders and animal shelter activities.

 

Funding sources for the Animal Management controls come from registrations, fines and Council?s annual budget.


 

STRATEGIC ACTION

PRIORITY

PERFORMANCE/TARGET

 

Ensure CAMP is implemented

 

 

HIGH

 

Continuous monitoring

 

Ensure CAMP is reviewed

 

 

HIGH

 

CAMP completely reviewed by end of 2013

 

Review record system

 

 

HIGH

 

Audit record systems to ensure records are kept on all animal management activities

 

 

 

4.16???? Co-operation and Coordination with other Agencies

 

To implement this plan and to assist with animal management within the Shire, Council works with and seeks assistance from the following organizations:

 

RSPCA, NSW Police, National Parks & Wildlife Service, Landcare, NSW Fire Brigade, Rural Lands Protection Board, Department of Local Government and Animal Rescue Organisations registered with Council.

 

STRATEGIC ACTION

PRIORITY

PERFORMANCE/TARGET

 

Maintain contact with the Dept. of Local Government and other agencies on the implementation of the Act and statutory reporting

 

 

 

HIGH

 

Continuous contact with relevant agencies

 

 


SCHEDULE 1

 

Restricted access to Public areas declared by Council under the Companion Animals Act 1998

 

1?????? Dogs are prohibited in the following public places within the Shire.

 

????????? a??????? any public bathing areas including the following:

 

????????? Boulton?s Crossing Reserve ? Gumma

????????? McKay?s Park ? Bowraville

????????? Main Beach ? Nambucca Heads (except at times stated in section 2(a) off leash areas)

????????? Bellwood Park & Reserve ? Nambucca Heads

????????? Beilby Beach ? Nambucca Heads

????????? Shelly Beach ? Nambucca Heads

????????? V-Wall Beach ? Nambucca Heads

????????? V Wall River Beach & Park ? Nambucca Heads

????????? Wellington Beach ? Nambucca Heads

????????? North Valla Beach ? Valla Beach (except at times stated in section 2(b) off leash areas)

????????? South Valla Beach & Deep Creek Inlet ? Valla Beach

????????? Scotts Head Caravan & Camping Reserve

????????? Scotts Head Day Reserve area (except at times stated in section 3(c) on leash only)

????????? Scotts Head Forsters (Main) & Little Beaches (except at times stated in section 3(d) on leash only)

 

b??????? on any sporting or athletics oval

 

c??????? within ten (10) metres of any playing apparatus in a public place for use by children

 

d??????? within ten (10) metres of any apparatus provided in a public place for the preparation or consumption of food by humans,

 

e??????? in any areas provided for playing of organised sports & games,

 

f???????? on land used for the conduct of a pre-school, school or technical college, except with the permission of the person in charge,

 

g??????? any part of a shopping plaza which is used by the public for parking or access to shops, except with the permission of the person in charge.

 


2?????? Off leash areas

 

Dogs are permitted on the following beaches at all times.

 

a??????? Nambucca Heads ? from Swimming Creek beach access northwards to the footbridge access to the beach from the public reserve adjoining Valla Park Resort across Deep Creek.

 

b??????? North Valla Beach ? from the access path off the car park on the northern end of Cockburn Street (4WD access) to the northern boundary of the shire.

 

c??????? Scotts Head ? from the beach access path off West Street & Banksia Crescent? northwards.

 

 

3?????? On Leash Only

 

Dogs are permitted on the following beaches at the times indicated.

 

a??????? North Valla Beach ? from the timber walkway on the north side of the headland to the access path referred to in 2(b) before 9.00 am and after 6.00 pm.

 

b??????? Nambucca Heads ? from the northern end of main beach car park northward to Swimming Creek beach access before 9.00 am and after 6.00 pm.

 

c??????? Scotts Head Forsters (Main) Beach & Day Reserve area ? before 8.30 am and after 5.30 pm.

 

d??????? Scotts Head Little Beach ? before 8.30 am and after 5.30 pm.

 


SCHEDULE 2

 

Restrictions placed on the keeping of a Declared Dangerous Dog under Part 4 clauses 24 - 28 of the
Companion Animals Regulation 2005

 

Part 4 Dangerous or restricted dogs

24????? Enclosure requirements for dangerous or restricted dogs

1??????? For the purposes of Sections 51 (1) (c) and 56 (1) (a1) of the Act, the requirements set out in Subclauses (2)-(4) are prescribed as the requirements that must be complied with in relation to an enclosure for a dangerous or restricted dog.

2??????? The enclosure must:

a??????? be fully enclosed, constructed and maintained in such a way so that the dog is not able to dig or otherwise escape under, over or through the enclosure, and

b??????? be constructed in such a way so that a person cannot have access to it without the assistance of an occupier of the property who is above the age of 18 years, and

c??????? be designed to prevent children from having access to the enclosure, and

d??????? not be located on the property in such a way so that people are required to pass through the enclosure to gain access to other parts of the property, and

e??????? have a minimum height of 1.8m and a minimum width of 1.8m, and

f???????? have an area of not less than 10m2 for each dangerous or restricted dog kept on the property, and

g??????? have walls that are fixed to the floor and constructed to be no more than 50mm from the floor, and

h??????? have walls, a fixed covering and a gate that are constructed of:

i???????? brick, timber, iron or similar solid materials, or

ii??????? mesh that complies with subclause (4), or

iii?????? a combination of the materials referred to in subparagraphs (i) and (ii), and

i???????? have a floor that is constructed of sealed concrete and graded to fall to a drain for the removal of effluent, and

j???????? provide a weatherproof sleeping area of sufficient dimensions to enable each dangerous or restricted dog kept on the property to shelter from the weather.

3??????? Any gate to the enclosure must:

a??????? contain a self-closing and self-latching mechanism that enables the enclosure to be securely locked when the dog is in the enclosure, and

b??????? be kept locked when the dog is in the enclosure, and

c??????? display the warning sign referred to in Clause 26.

4??????? Mesh used in the construction of an enclosure must be:

a???????  chain mesh manufactured from at least 3.15mm wire to form a maximum mesh spacing of 50mm, or

b??????? weldmesh manufactured from at least 4mm wire with a maximum mesh spacing of 50mm.

 

25????? Maximum fee for issuing certificate of compliance in relation to prescribed enclosure

For the purposes of Section 58H (2) (b) of the Act, the fee of $100 is prescribed.

 


26????? Warning signs for dangerous or restricted dogs

1?????? For the purposes of Sections 51 (1) (d) and 56 (1) (c) of the Act, a sign or signs complying with Subclause (2) must be situated so that the words ?Warning Dangerous Dog? are legible to any person immediately before entering the property by way of any gate, door or other entry point.

2?????? Each such sign must:

a?????? be no smaller than 40cm ? 40cm, and

b?????? be made of durable materials, and

c?????? show the words ?Warning Dangerous Dog? in letters that are, in any case, at least 50mm high and 10mm wide.

27???? Distinctive collars for dangerous or restricted dogs

1?????? For the purposes of sections 51 (1) (d1) and 56 (1) (c1) of the Act, a collar is of the prescribed kind if:

a?????? it consists of red stripes alternatively spaced with yellow stripes, each stripe being 25mm wide and set diagonal to the rim of the collar at an angle of 45 degrees, and

b?????? all of the stripes of at least 1 of the 2 colours are sufficiently reflective so as to be visible in low light, and

c?????? it is made of durable materials, and

d?????? it is able to be securely fastened, and

e?????? it has a device or other facility that enables it to be attached to a leash, and

f??????? it has a minimum width of:

i????????? 25mm for a dog weighing less than 20 kg, or

ii??????? 40mm for a dog weighing between 20 kg and 40 kg, or

iii?????? 50mm for a dog weighing more than 40 kg.

2?????? A dog must not wear any such collar unless the dog is a dangerous dog or a restricted dog.

3?????? If Subclause (2) is contravened:

a?????? the owner of the dog, or

b?????? if the owner is not present at the time of the offence and another person who is of or above the age of 16 years is in charge of the dog at that time?that other person,

???????? is guilty of an offence.

 

Maximum penalty: 8 penalty units.

 

4??????? A person does not commit an offence under this clause if the person does not know, or could not reasonably be expected to know, that the collar is of the kind prescribed for the purposes of Section 51 (1) (d1) or 56 (1) (c1) of the Act.

 

28???? Breed identification or registration certificates issued by Canine Council

Any breed identification certificate or breed registration certificate issued by the Royal New South Wales Canine Council Limited in relation to a dog is prescribed for the purposes of Section 58C (3) of the Act, but only if the certificate contains the unique identification number allocated to the microchip that has been implanted in the dog in connection with its identification under this Regulation.

 

??


Ordinary Council Meeting

15 October 2009

Director of Engineering Services Report

ITEM 10.1??? SF1145??????????? 151009???????? Off River Storage Project - Public Exhibition of Environmental Impact Statement

 

AUTHOR/ENQUIRIES:???? Richard Spain, Manager Water and Sewerage ????????

 

Summary:

 

Council is currently moving forward with the pre construction phase of Nambucca District Water Supply Off River Storage Project.? The project is deemed to be subject to assessment in accordance with Part 5 of the Environmental Panning and Assessment Act 1979 and this necessitates the preparation of an Environmental Impact Statement (EIS).

 

GHD Pty Ltd has been engaged as Council?s consultant to complete the EIS as well as the concept designs for both the infrastructure and storage components of the project.

 

A draft EIS document has now been prepared and reviewed by the Project Executive Team and is considered suitable for public exhibition.? It is recommended that the document be placed on public exhibition as soon as possible so that the exhibition period does not clash with the Christmas holiday period as this may cause unnecessary delay to the project program.

 

Recommendation:

 

1??????? That Council endorse the draft Environmental Impact Statement for public exhibition for a period of 8 weeks to run from 20 October to 15 December 2009.

 

2??????? That the deadline for receipt of submissions be set at 15 January 2010.

 

3??????? That all submissions received as a result of the Environmental Impact Statement exhibition be recorded and forwarded to GHD for comment and assessment for inclusion in the final report as deemed appropriate.

 

OPTIONS:

 

Council may choose not to place the document on public exhibition and seek further clarification and work from GHD prior to recommending it for public exhibition.

 

 

DISCUSSION:

 

The Nambucca District Water Supply Off River Storage Project is a proposal that is deemed to be permissible without development consent.? As such it is required to be assessed in accordance with Part 5 of the Environmental Panning and Assessment Act 1979.

 

In effect this stipulates that an EIS for the project must be prepared to satisfy the requirements of the Director General.? Council is free to proceed with the proposal subject to the EIS gaining the approval of all regulatory authorities.

 

Council engaged GHD to prepare the EIS and this work is being carried out in conjunction with additional engagements to complete concept designs for both the project infrastructure and storage.? The draft EIS is now complete and has been reviewed by the Project Executive Team, consisting of Vincent Joseph and Michael Partridge from Public Works, Glenn George from the Office of Water and Richard Spain (Council?s Manager Water and Sewerage).

 

Council is required to place the document on public exhibition prior to making any decision on whether or not they will proceed with the proposal.

 


Given that Council has indicated that it wishes to see the EIS exhibited for longer than the required statutory period of 28 days it is preferable that the exhibition takes place as soon as possible.? This will ensure that the exhibition period will not run over the Christmas holiday period with the potential to cause significant delays to the project timetable.

 

It is considered that a public exhibition period of 8 weeks will provide sufficient opportunity for interested parties to review the document and prepare a submission as they see fit.? The deadline for submissions could also run into mid January to as an additional measure to ensure that every possible chance is given for comments to be received.

 

 

CONSULTATION:

 

?????????????? Public Works

?????????????? The Office of Water

?????????????? GHD

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

The public exhibition of the EIS will have no direct environmental impacts.? The document itself outlines the environmental implications that the proposal will have if it is implemented.

 

Social

The public exhibition of the EIS will have no direct social impacts.? The document itself outlines the social implications that the proposal will have if it is implemented.

 

Economic

The public exhibition of the EIS will have no direct economic impacts.? The document itself outlines the economic implications that the proposal will have if it is implemented.

 

Risk

There is considered to be little risk in placing the EIS on public exhibition.? Council must be seen to be transparent before making a decision on the project and the document must stand up to scrutiny from the public and regulatory authorities.

 

There is greater risk in delaying the public exhibition and bringing about delays in the project program that have the potential to result in significant cost implications for Council.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

The public exhibition of the EIS document will have impact on the current budget.

 

Source of funds and any variance to working funds

 

Council has committed to funding the preconstruction phase of the project which includes the preparation of the EIS.? Funding is allocated in the current budget to cover this work.

 

Attachments:

There are no attachments for this report.


Ordinary Council Meeting