NAMBUCCA

SHIRE COUNCIL

 


Ordinary Council Meeting

AGENDA ITEMS

5 November 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 - 05 November 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.

 

Presentation to Council of Acquisitive Art Prize

 

Ms Lynne Greentree will present Council with its Aquisitive Art Prize, a painting "North from Captain Cook's Lookout".

 

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

 

1??????? APOLOGIES

2??????? PRAYER

3??????? DISCLOSURE OF INTEREST

4??????? CONFIRMATION OF MINUTES ? Ordinary Council Meeting - 15 October 2009

5??????? Notices of Motion

5.1???? Notice of Motion - Caravan Parks on Crown Land to Pay General Rates

5.2???? Population of Macksville Urban Area

5.3???? Notice of Motion - Sea Level Rises ??

6??????? DELEGATIONS?Motion to hear Delegations

7??????? ASKING OF QUESTIONS WITH NOTICE ??

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

9??????? General Manager Report

9.1???? Outstanding Actions and Reports

9.2???? Grant Application Status Report - 31 October 2009

9.3???? Draft Integrated Water Cycle Management (IWCM) Strategy

9.4???? Crosswinds Wetland Nature Reserve Committee of Management - Annual General Meeting - 24 September 2009

9.5???? Bowraville Folk Museum Committee of Management - Financial Statement to 30 June 2009

9.6???? Valla Public Hall Committee of Management - Annual General Meeting - 26 August 2009 - Minutes

10????? Director Environment and Planning Report

10.1?? Outstanding DAs greater than 12 months, applications where submissions received not determined, 26 October 2009

10.2?? DAs and CDCs Received and Determined under Delegated Authority 5-23 October 2009

10.3?? Report on Nambucca Shire Council Application for Funding to Healthy Communities

10.4?? Further Update on Exhibition of Draft Nambucca Local Environmental Plan 2009

10.5?? Report on Draft Bushfire Prone Land Map

11????? Director Engineering Services Report

11.1?? Revised Liquid Trade Waste Management Policy

11.2?? Nambucca District Water Supply Steering Committee Meeting - 30 September 2009

11.3?? River Street Foreshore - Macksville - Landscape Development Plan

11.4?? Nambucca Shire Traffic Committee Meeting - 6 October 2009

11.5?? Review of Drought Management Plan

11.6?? Revision of Water Restriction Levels for the Nambucca Shire

11.7?? Scotts Head Master Plan - Financial Models ???


 

12????? ASKING OF QUESTIONS WITHOUT NOTICE

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

13.1?? T013/2009 - Tender Surf Life Saving Services

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 8 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

5 November 2009

Notice of Motion

ITEM 5.1????? SF1269??????????? 051109???????? Notice of Motion - Caravan Parks on Crown Land to Pay General Rates

 

AUTHOR/ENQUIRIES:???? Michael Moran OAM, Councillor ????????

 

Summary:

 

It is acknowledged that caravan parks on Crown Land do pay water and sewerage charges and pay for their waste disposal.? However, these are charges and they do not pay general rates.

 

The caravan parks are generating an income; they compete with other privately owned caravan parks; and they use local facilities and amenities within the Shire.? Therefore, they should pay general rates like every other property owner.

 

 

Recommendation:

 

That Nambucca Shire Council write to the Premier and Lands Department and to the Minister for Local Government requesting that caravan parks on crown land pay general rates.

 

 

 

 

 

Attachments:

There are no attachments for this report.


 

Ordinary Council Meeting

5 November 2009

Notice of Motion

ITEM 5.2????? SF1269??????????? 051109???????? Population of Macksville Urban Area

 

AUTHOR/ENQUIRIES:???? Michael Moran OAM, Councillor ????????

 

Summary:

 

 

 

Recommendation:

 

That Nambucca Shire Council check with the Australian Bureau of Statistics regarding the population of Macksville Urban Area taking into account Wedgewood Drive, parts of Wallace Street, Reid Street, the new development of Grant Crescent, Rowe Drive, Crispin Cove, Preston Drive, Graham Close, George Close, Glenmore Crescent, Grandview Drive, Nursery Road, parts of River Street and Gumma to ascertain the true population of Macksville Urban Area.

 

 

 

 

Attachments:

There are no attachments for this report.


 

Ordinary Council Meeting

5 November 2009

Notice of Motion

ITEM 5.3????? SF1269??????????? 051109???????? Notice of Motion - Sea Level Rises

 

AUTHOR/ENQUIRIES:???? Michael Moran OAM, Councillor ????????

 

Summary:

 

<Type summary in box>

 

 

Recommendation:

 

That Council object to the State Government legislation regarding Local Government paying for damage to property due to sea level rises as Council believes it is a natural disaster and that individuals should be responsible themselves through their insurance.

 

 

OPTIONS:

 

 

 

DISCUSSION:

 

 

 

CONSULTATION:

 

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

 

 

Social

 

 

 

Economic

 

 

 

Risk

 

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

 

 

Source of fund and any variance to working funds

 

 

 

Attachments:

There are no attachments for this report. ?


 

Ordinary Council Meeting

5 November 2009

General Manager's Report

ITEM 9.1????? SF959????????????? 051109???????? 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. Report to be given priority by GHD.

 

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 circulated to Councillors.

 

 

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.

 

Further request made 22 October 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.

 

No expressions of interest received.? Report to come to Land Development Committee.

 

 

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 1 October 2009 to write to the Premier concerning the delay.

Letter sent 28 October 2009.

 

 

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

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.

For determination.

 

 

20

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

 

21

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 5 November 2009.

 

 

JULY 2009

 

22

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.

 

 

23

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.

 

Report targeted for 19/11/09

 

 

24

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.?

Follow up letter sent 23/10/09.

 

25

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.

 

26

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.

 

27

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.

 

28

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

 

29

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.

 

 

30

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.

Follow up letter sent 28 October 2009.

 

31

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.

 

32

QWN 262

20/08/09

Taylors Arm Road ? dangerous road sinkage

 

DES

Dip filled.? To be further assessed.

 

33

QWN 263

20/08/09

Irvines Road ? Piggery - DA

 

DEP

DA received and being assessed.

 

Assessment deferred pending outcome of legal advice.

 

 

34

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

 

35

5.5

Notice of Motion

 

20/08/09

Council review its Street Tree Guidelines policy

 

DES

November 2009.

 

 

36

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.

 

37

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.

 

Verbal agreement received from Port Macquarie-Hastings.

 

 

38

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

 

39

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.? Being undertaken early November 2009.

 

 

40

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.

 

Verbal advice that no new information available requiring RTA to contribute.

 

41

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).

 

 

42

SF241

17/09/09

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

 

DEP

Receipt of Section 65 Certificate received.? See report in business paper 5 November 09.

 

43

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

 

44

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.

 

Report to Council 19 November 2009.

 

OCTOBER 2009

 

45

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 $0.54 per water service.

 

46

SF1269

01/10/09

That Council review the six water restriction levels.

 

DES

Report to Council 5 November 2009.

 

47

SF1269

01/10/09

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

 

DES

DEP

Report to GPC in December 2009.

 

48

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 December 2009.

 

49

SF1426

01/10/09

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

 

DES

January 2010 GPC

 

50

SF394

15/10/09

Accountant?s late report on investments be deferred until the meeting on 5 November and that any further late investment reports be presented again to the next meeting.

 

GM

Report listed.

 

51

SF1075

15/10/09

Council review staffing requirements & costs for CCP milestones as well as the savings made in 12 months time.

 

DES

October 2010

 

Attachments:

There are no attachments for this report.

?


 

Ordinary Council Meeting

5 November 2009

General Manager's Report

ITEM 9.2????? SF1120??????????? 051109???????? Grant Application Status Report - 31 October 2009

 

AUTHOR/ENQUIRIES:???? Jenny Chance, Grants Officer ????????

 

Summary:

 

At Council?s meeting on 7 December 2006 it was resolved that there be a quarterly return submitted to Council on grant programs.

 

Recommendation:

 

That the list of grant programs and their status to 31 October 2009 be received.

 

 

APPROVED GRANTS?SECURED BY GRANTS OFFICER

 

Grant

Funding Amount

Description

NSW Maritime ? Maritime Infrastructure Program

 

$53,220

Pontoon and Gangway at Lions Park, Ferry Street ? Macksville.

Pontoon and Gangway at Tourist Office Finger Wharf ? Nambucca Heads.

NSW Blackspot Program

 

$34,000

Pedestrian refuge at Bowra Street, Nambucca Heads.

Department of Families, Housing, Community Services and Indigenous Affairs ? Volunteers Grants Program

 

$11,179

Nambucca District Little Athletics ? Computer, camera and filing cabinets.

 

Nambucca Heads Junior Rugby League Football Club ? Coffee maker and a step ladder.

 

Nambucca Heads Touch Football ? Computer and a photocopier

NSW Attorney General?s Department ? NSW Crime Prevention Grant

$54,527

Program to assist licensed premises to implement strategies towards a safer environment for women.

Department of Planning - NSW Coastline Cycleway Grants Program

$75,000

Funding for shared pedestrian/cycleway along Pacific Highway, Nambucca Heads.

Department of Climate Change ? Local Adaptation Pathways Program

$140,000

Funding to assist councils to integrate climate change risk assessment into their broader decision-making processes. Joint application between Nambucca, Kempsey and Bellingen Shires.

Department of Sport and Recreation ? Capital Assistance Program

$8,600

Nambucca Tennis Club lighting upgrade.

Department of Environment and Climate Change - Regional Regulated Area Council Grant

$14,000

To assist with costs associated with weighbridge at Nambucca Waste Management Facility

 

Department of Local Government ? Playground Upgrades

$19,551

 

Install border and softfall to Donnelly Welsh Park and Taylors Arm Sports Reserve.

Department of Community Services (NSW) ? Area Assistance Scheme

 

$128,984

Marine Rescue Building ? Funding towards the construction of a new building

Unkya Reserve ? electrical upgrade and general repairs.


 

Jobs Fund ? National Bike Paths ? Department of Infrastructure, Transport, Regional Development and Local Government

$441,350

Funding towards cycleway in Bellwood (Pacific Highway) in partnership with Green Team.

 

Funding contributions include $50,000 from RTA, $75,000 from Department of Planning, $75,000 from Nambucca Shire Council and the remaining matching funds are in-kind contributions from Nambucca Shire Council and the Green Team.

Maritime Museums of Australia Project Support Scheme (MMAPSS)

 

$7,700

Funding towards the conservation and preservation of the Frank Partridge VC Military Museum?s Max Coward Collection.?

 

TOTAL FUNDING RECEIVED

$988,111

 

 

 

 

 

SUBMITTED APPLICATIONS

 

 

Grant Program

Action

Grant Details and Status

1

National Emergency Volunteer Support Fund ? Emergency Management Australia (EMA), the Division within the Attorney-General's Department.

Funding basis: Fully Funded

Opens: Application Submitted

Closing: 6 March 2009

Outcome: Unsuccessful

Grant: $150,000

Council contribution: $0.00

 

GO

The National Emergency Volunteer Support Fund focuses on emergency management volunteers in recognition of their needs and the significant front line role they play in reducing vulnerability and enhancing community safety.

To ensure ongoing protection of communities it is critical that all volunteer agencies maintain their current levels of staffing and training.

The Australian Government is offering funding in 2009/10 through the National Emergency Volunteer Support Fund for projects which specifically address the recruitment, retention and training of volunteers.

Application submitted by Nambucca River Volunteer Marine Rescue Squad.

2

Country Halls Renewal Fund

 

Funding basis: 2:1

Opens: Currently Open

Closing: Always Open

Outcome:

 

Grant 1: $50,000

Council contribution: $0.00

 

Grant 2: $12,754.13

Council contribution: $6,377.07

 

Grant 3:: $17,052.00

Council contribution: $4,556.00

 

Grant 4:: $TBA

Council contribution: $0.00

 

Grant 5: $4,560.80

Council contribution: $0.00

 

Grant 6: $50,000

Council contribution: $0.00

 

Grant 7: 23,246.50

Council contribution: $0.00

 

Grant 8: TBA

Council contribution: $0.00

 

GO

$2.5 million over 5 years towards renewing country halls. The fund will be delivered by the Office of Rural Affairs.

 

Applications are currently being prepared for:

 

 

 

1) Argents Hill Hall ? Repairs

 

 

2) Nambucca Entertainment Centre ? External painting

 

3) Taylors Arm Hall ? Kitchen, flooring and windows

 

4) Burrapine Hall ? Repairs

 

 

5) Bowraville CWA Hall ? Painting and repairs

 

 

6) Nambucca Senior Citizens Hall ? Painting, flooring and repairs

 

7) Talarm Hall ? General repairs

 

8) Macksville Senior Citizens Hall ? General repairs

 

Notice of the program has been distributed to the Committees of Management for the halls

 

3

Norman Wettenhall Foundation

Funding basis: Fully Funded up to $10,000

Opens: Application Submitted

Closing: 31 March 2009

Outcome: Unsuccessful

Grant 1: $10,000

Council contribution: $0.00

 

GO

Support is given to projects that enhance or maintain the vitality and diversity of the Australian natural living environment.

 

The objectives of the Foundation are:

 

????? to build capacity in local communities to effect long-term beneficial change in the natural environment

????? to support and encourage research into, and monitoring of, all aspects of Australia's natural environment

????? to support education relating to our natural environment

????? Principles

 

Pre-approval to lodge a submission has been received for funding towards seating and signage for the Crosswinds Wetlands Reserve.? An application has been submitted.

 

4

The Department of Infrastructure, Transport, Regional Development and Local Government ? Indigenous Road Safety Grants

Funding basis: Fully funded up to $30,000

Opens: Application Submitted

Closing: 27 March 2009

Outcome: Unsuccessful

Grant: $30,000

Council contribution: $20,000

 

MTS/GO

The Department of Infrastructure, Transport, Regional Development and Local Government is now inviting applications for Indigenous Road Safety Grants for 2009-2010. One or more grants up to a total of $30,000 will be awarded to applicants for projects that will help improve road safety for Indigenous people.

 

Application forms and detailed information about the grants are available from the Department?s website.

 

Objectives

 

The grant is offered as a means to:

 

????? encourage innovative and worthwhile initiatives to help reduce road trauma affecting Indigenous people; and

????? increase the range of initiatives available to address road safety for Indigenous people.

 

An application has been prepared to fund engineering works, informative signage at Bellwood and a children's safety booklet.?

5

Department of Environment and Climate Change ? NSW Climate Change Fund ? Public Facilities Program

 

Funding basis: Fully funded

Opens: Application prepared

Closing: 30 April 2009

Outcome: TBA

Grant: $463,515

Council contribution: $14,040 (in-kind)

 

GO/

TOA

$30m for water and energy saving projects in facilities open to the public eg schools, community buildings, sporting facilities, museums and art galleries.?

 

Eligibility criteria

 

Applications are open to providers of non-profit public or educational facilities for projects which:

 

? publicly demonstrate how water and/or energy savings can work

? stimulate investment in innovative ways to save, harvest and recycle water and/or reduce overall energy consumption (and related greenhouse emissions) and/or peak electricity demand.

 

An application submitted for funding towards lighting and air conditioning system upgrade in Council?s Administration Building and six outdoor solar lights.? This is complimented with funding towards a free community globe promotion and an educational information sheet.

 

6

Australian Government ? Caring for our Country funding

Funding basis: Fully funded

Opens: Application submitted

Closing: 6 March 2009

Outcome: TBA

Grant: $100,000

Council contribution: $14,000

 

GO

Caring for our Country funding

The Australian Government is now calling for investment proposals for projects that will meet the targets outlined in the Caring for our Country business plan 2009-10. Caring for our Country is an Australian Government initiative that seeks to achieve an environment that is healthy, better protected, well managed and resilient, and provides essential ecosystem services in a changing climate.

 

The Australian Government is seeking investment proposals for landscape-scale projects that achieve one or more targets in specific geographic locations or key assets.

Projects can be large, medium or small:

???? large-scale projects in the order of $20 million over four years

???? medium-scale projects of up to $3 million per annum (a value of $2-3 million would be expected for most medium-scale projects)

???? small-scale projects of between $20,000 and $100,000 per annum.

Council is working together with Landcare to submit an application that includes weed removal, field days, workshops and other on ground works and will involve a small devolved grant scheme for land owners and community groups.


 

7

Local Infrastructure Support Fund ? Building the Country Package ? Department of State and Regional Development ? Expression of Interest

Funding basis: Fully Funded

Opens: Application submitted

Closing: 20 March 2009

Outcome: Unsuccessful

Grant: $100,000

Council contribution: $0.00

GO/PO

$52 million over 5 years supporting infrastructure projects that are directly linked to economic development opportunities. The fund will be delivered by the Department of State and Regional Development.

 

Application submitted for infrastructure works at Macksville Saleyards.

8

NRMA ? Community Grants Program

Funding basis: Fully funded up to $5,000

Opens: Application submitted

Closing: 25 March 2009

Outcome: Unsuccessful

 

Grant 1: $4,998

Council contribution: $0.00

Grant 2: $5,000

Council contribution: $0.00

 

GO

The Community Grants Program provides funding to support community and not for profit organisations that are making our communities safer, particularly in the areas of crime prevention, road safety, emergency readiness and response, and the environment.

 

1) Funding towards solar hot water system at E J Biffin Fields

 

2) Funding towards production of brochure for Crosswinds

9

Jobs Fund

Funding basis: Fully funded

Opens: Application submitted

Closing: 22 May 2009

Outcome: Application 2 successful, Application 1 unsuccessful

 

Grant 1: $4,500,000

Council contribution: $TBA

 

Grant 2: $441,350

Council contribution: $75,000

 

GO/MTS/MWS

The Jobs Fund is a $650 million Australian Government initiative to support and create jobs and increase skills through innovative projects that build community infrastructure and increase social capital in local communities across the country. Through the Jobs Fund the Government will invest in one-off capital projects and provide seed funding for social enterprises. The Jobs Fund is a temporary resource. The aim of the Jobs Fund is to produce long-term improvements in communities affected by the global economic downturn. The Jobs Fund projects will focus on directly generating jobs for people in communities with already high unemployment levels, rising jobless rates or which are particularly vulnerable.

 

1) Funding towards Nambucca Sewerage Treatment Plant upgrade

 

2)? Funding towards cycleway in Bellwood (Pacific Highway) in partnership with Green Team.

 

 


 

10

Environmental Trust - Environmental Restoration and Rehabilitation Grants

 

Funding basis: Fully Funded up to $100,000

Opens: Application submitted

Closing: 29 May 2009

Outcome: TBA ? End of year

Grant: $100,000

Council contribution: $0.00

 

 

GO/PO

The aim of the Restoration and Rehabilitation (R&R) program is to facilitate projects to prevent or reduce pollution, the waste stream or environmental degradation of any kind, run by community organisations and State and Local government organisations. Through these projects, we also aim to improve the capacity of communities and organisations to protect, restore and enhance the environment.

The Objectives of the Environmental Restoration and Rehabilitation Program are: 

 ?? to restore degraded environmental resources, including rare and endangered ecosystems 

 ?? to protect important ecosystems and habitats of rare and endangered flora and fauna 

 ?? to prevent or minimize future environmental damage

 ?? to enhance the quality of specific environmental resources

 ?? to improve the capacity of eligible organisations to protect, restore and enhance the environment to undertake resource recovery and waste avoidance projects and to prevent and/or reduce pollution.

 

Application submitted for Macksville Saleyards

 

13

Country Passenger Transport Infrastructure Grants Scheme (CPTIGS) ? Ministry of Transport

 

Funding basis: Fully Funded

Opens: Application submitted

Closing: 25 June 09

Outcome: Unsuccessful

Grant: $173,825

Council contribution: $11,265

 

 

GO/MTS

The Country Passenger Transport Infrastructure Grants Scheme (CPTIGS) is administered by the Ministry of Transport. It provides support funding to improve the amenity of passenger transport infrastructure in rural, regional and remote communities of NSW

 

Local government, incorporated community organisations, transport operators and other interested organisations that have a current Australian Business Number are eligible.

 

Application prepared for upgrade of Cook Street Interchange, Bowraville.

 


 

14

Regional Arts Fund

 

Funding basis: Councils are required to provide some funds towards the project

Opens: Application submitted

Closing: 14 August 2009

Outcome: TBA

 

Grant: $20,020

Council contribution: $12,000

 

 

GO

The Regional Arts Fund (RAF) is supporting sustainable cultural development in communities across regional, remote and isolated parts of Australia.

 

A key focus is to encourage the formation of productive partnerships to support home-grown arts activities and the creation of networks to reduce isolation, exchange ideas and publicise opportunities. 

 

The program also assists the professional development of, and provides employment opportunities for, artists based in regional areas.

Providing opportunities for community members to learn arts and broader skills is another RAF priority.  With RAF support, professional artists provide workshops and collaborate with community participants on a wide range of creative projects.

 

An application was submitted to enhance the existing mosaic in Nambucca Heads and the addition of a new artwork.? The project will include a number of community workshops.

 


15

NSW Community Building Partnerships

 

Funding basis: Fully Funded for community groups, Council requires matching funds

Opens: Applications submitted

Closing: 10 August 2009

Outcome: TBA

 

 

 

Grant 1: $84,811 

Council contribution: $174,189

 

Grant 2: $50,000

Council contribution: $0.00

 

Grant 3: $52,000

Council contribution: $0.00

 

Grant 4: $32,928

Council contribution: $0.00

 

Grant 5: $10,000

Council contribution: $0.00

 

 

 

GO/

TOA

The NSW Government?s $35 million Community Building Partnership program will support local jobs, stimulate growth and improve community facilities.

 

Community groups and local councils across NSW will be eligible to submit applications for funding that will help support local infrastructure and jobs. Council can submit only one application.

 

The NSW Community Building Partnership will invest $300,000 into building local community projects in every electoral district ? with an additional $100,000 to be invested in electoral districts with higher unemployment.

 

The following applications were submitted:

 

1) Amenities upgrade at Macksville Park and Hennessey Tape Oval ? Council application

2) Pioneer Community Centre ? works towards removing health and safety issues

3) Frank Partridge VC Military Museum ? New display facility

4) Macksville Tennis Club ? New courts surfaces

5) Nambucca River Volunteer Marine Rescue Squad


 

16

Department of Planning ? Infrastructure Fund

 

Funding basis: Interest Free Loan

Opens: Application submitted

Closing: 31 August 2009

Outcome: TBA

 

Interest Free Loan: $17,000,000

Council contribution: Loan repayments over 10 years

 

 

 

GO/ MWS

The $200 million NSW Local Infrastructure Fund has been established as an 'interest free' loan scheme to bring forward infrastructure projects that are delayed due to a lack of funding.

 

The funding will provide an immediate local economic boost as water, sewer, drainage and roads infrastructure projects are provided for local communities.

 

The funding will also trigger construction in areas of high population growth and will assist in increasing the supply of serviced land for housing and employment.

 

The NSW Local Infrastructure Fund is a NSW Treasury Fund administered by the NSW Department of Planning.

 

Eligible projects

Funding is provided for local projects that will support urban development ? typically roads and related infrastructure, stormwater, water and wastewater projects. Only projects costing at least $1 million will be funded.

 

17

Volunteer Grants 2009 - Department of Families, Housing, Community Services and Indigenous Affairs

 

Funding basis: Fully Funded up to $5000

Opens: Applications submitted

Closing: 25 September 2009

Outcome: TBA

 

Total applied for: $74,760

 

 

 

 

 

GO

Non-profit organisations, who are supported by volunteers, can apply for Australian Government grants of up to $5,000 to purchase equipment and cover the cost of petrol. Organisations can apply for grants of between $1,000 and $5,000 to purchase equipment, including computers, tools and air conditioners and also help with fuel costs.

 

Council submitted the following applications on behalf of Committees of Management.? The total amount applied for was $44,211

 

Nambucca District Band

Unkya Management Committee

Argents Hill Hall Committee

Nambucca Senior Citizens Club

Talarm Community Hall

Bowraville Folk Museum

Coronation Park Management Committee

Valla Hall Management Committee

South Arm Community Hall

Bowraville Youth Club and Grants Hall Committee

EJ Biffin Playing Fields Management Committee

Mary Boulton Pioneer Cottage and Museum

 

 

Other applications were submitted on behalf of the following.? The total amount applied for was

$30,549.

 

Nambucca Heads Offshore Fishing Club

Nambucca District Athletics Club

Frank Partridge VC Military Museum

Nambucca River Volunteer Marine Rescue Squad

Macksville Tennis Club Inc

Bowraville Junior Cricket Club Inc

Nambucca Cricket Club Inc

 

 

18

Healthy Communities ? Local Government and Shires Association and NSW Health?

 

 

Funding basis: Fully Funded up to $80,000

Opens: Application submitted

Closing: 25 September 2009

Outcome: TBA

 

Grant: $80,000

Council contribution: $In-kind

 

 

GO / YDO

A grants scheme for projects that promote healthy living.

Grants of up to $20,000 are available for individual councils, and up to $80,000 for groups of councils and regional organisations of councils.

Projects can address issues such as healthy weight, responsible drinking, tobacco control or falls prevention for older people.

The initiatives must focus on communities more vulnerable to ill health. They include:

?????? Aboriginal and Torres Strait Islander peoples

?????? People from Culturally and Linguistically Diverse backgrounds

?????? People living on a low income

?????? People living in rural or remote areas

?????? People living in disadvantaged urban areas

The Healthy Communities grant scheme is coordinated by the Local Government and Shires Associations of NSW (LGSA) and funded by NSW Health.

An application was submitted between Nambucca and Bellingen Shire Council for funding towards an interactive youth driven initiative towards educating youth with skills that promote responsible use of alcohol.?

Includes Save a Mate program and other programs, competitions and events and employment of a project manager.? In-kind support also received from North Coast Area Health Service.


?FUNDING PROGRAMS RECENTLY OPENED OR SOON TO BE RELEASED ? FOR INFORMATION

 

 

Grant Program

Status

1

Building the Country Package

 

Funding basis: Various

Opens: Currently Open

Closing: Various

 

Building the Country Package announced by the Rees Government. 

 

The funding programs are designed to support people who live and work in country areas. 

 

2

Jobs Fund ? 2nd Round

 

Funding basis: Fully funded ? Council contribution highly regarded

Opens: Opening soon ? however as Nambucca Shire has recently been listed as a prioritised area, applications can be submitted at any time

Closing: TBA

 

 

The $650 million is part of the Government?s Jobs and Training Compact.  The Jobs Fund will support and create jobs and improve skills, by funding projects that build community infrastructure and create social capital in local communities.

The Jobs Fund comprises three streams of funding:

 

$300 million Local Jobs stream to support community infrastructure projects with a focus on the promotion of environment-friendly technology and heritage

 

$200 million Get Communities Working stream for self-sustaining projects which create jobs and provide activities and services to improve community amenity

 

$150 million Infrastructure Employment Projects stream for investment in infrastructure projects which generate jobs in regions affected by the economic downturn.

3

Community Builders

 

Funding basis: Fully funded - $10,000 - $100,000

Opens: 2 November 2009

Closing: 10 December 2009

 

The Community Builders Funding Program is a community strengthening and capacity building program. It has funds available on an annual basis for time-limited projects in particular regions of NSW. The program is funded by the NSW Department of Community Services.

Non government not-for-profit organisations with an Australian Business Number (ABN) and local councils can apply for funds. For-profit organisations can apply too if they have a separate not-for-profit arm of their business.

The Community Builders Funding Program funds projects that aim to build strength and capacity within communities. The Community Builders Funding Program projects work within communities to enhance their capacity to deal with issues and respond to change.

Your project will need to operate in an area covered by the Community Builders Funding Program.

You will need to identify the community that will be served by your project and, within that community select a priority group that will have an opportunity to participate in your project. The priority group will be a disadvantaged group, though the project will be open to everyone in your chosen community.

It is important that Community Builders Funding Program projects are based on needs identified in your community. You will have to demonstrate that you have consulted within your community and that your project idea is both supported by, and needed within that community.

Direct service delivery to individuals or groups, or services/projects that are part of the work and responsibility of another government department can't be funded.

 

 

 

 

 

Attachments:

There are no attachments for this report.

?


 

Ordinary Council Meeting

5 November 2009

General Manager's Report

ITEM 9.3????? SF1102??????????? 051109???????? Draft Integrated Water Cycle Management (IWCM) Strategy

 

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

 

Summary:

 

In order to place Council in the best possible position to secure funding from the Australian Government and meet the State Government?s Best Practice ?mandate?, it is recommended that Council accept the advice of the Office of Water to adopt the draft IWCM in principle and undertake additional financial investigations prior to committing to the Bowraville Off River Water Storage (BORS).

 

In consideration of concerns regarding the affordability of the draft IWCM (and more specifically the Bowraville off river water storage), it is proposed that a Value Management workshop be conducted.? The value management workshop will examine the financial components of the IWCM, including the Bowraville Off River Storage (BORS); the rate modelling and forecast developer contributions; as well as typical residential bills and developer contributions in other local government areas.

 

 

Recommendation:

 

1??????? That Council adopt the draft Integrated Water Cycle Management Strategy, ?in principle?.

 

2??????? That Council conduct a Value Management workshop to examine the financial components ????????? of the IWCM, including the Bowraville Off River Storage (BORS); the rate modelling and ????????? forecast developer contributions; as well as typical residential bills and developer ????????? contributions in other local government areas.

 

3??????? That all interested Councillors together with the Director Engineering Services, Manager ????????? Water and Sewerage, General Manager, Manager Financial Services and relevant staff from ????????? the Office of Water and the Department of Commerce participate in the Value Management ????????? workshop.

 

 

OPTIONS:

 

To date Council has committed over $5.3m to the IWCM strategy and preconstruction phase investigations into the Bowraville Off River Storage (BORS).? Council is scheduled to make a decision on proceeding to detailed design of the BORS in early 2010.? The time available to resolve the financing of both the IWCM strategy and the BORS is running out.? If the BORS project is put ?on hold? there will be additional costs in the future in relation to updating the concept plan and environmental impact statement (EIS) as well as the potential of losing the 31% subsidy offered under the Country Towns Water and Sewerage Program.? In addition the chances of receiving grant funding from the Australian Government will be enhanced by the adoption of the draft IWCM.

 

In this context Council has limited options as not proceeding with the IWCM and the BORS project will mean the gradual ?write off? of expenditure and the potential loss of grant funding.

 

Legal advice which has been received from Deacons also emphasizes the need to fully investigate the financing of the IWCM and BORS.

 

 

DISCUSSION:

 

At Council's meeting on 8 August 2009 it was resolved as follows:

 

1??????? Council seek advice from its solicitor as to the possible legal consequences of not proceeding with the draft IWCM strategy, including the proposed Bowraville off river water storage.

 

2??????? Council seek advice from the Department of Water and Energy as to the consequences of not proceeding with the draft IWCM strategy and specifically as to whether there are any feasible alternatives to providing drought security without securing water from another source, ie water storage, piping from another catchment, desalination etc.

 

3??????? Council formally seek a grant of $20m from the Commonwealth Government for the implementation of the IWCM and that a meeting be sought with the Minister for Climate Change and Water, the Parliamentary Secretary and/or advisers to put forward Council's case.

 

4??????? That Council review its drought management strategy as soon as possible and before finalisation of IWCM.

 

Council has now received legal advice from its Sydney solicitors, Deacons, which is attached.? In summary it is likely that Council as a water utility would be held to owe a duty of care to provide a secured water supply by way of a management plan such as the draft IWCM.

 

Without a full financial analysis as to how the draft IWCM could be funded and how this funding could impact on the allocation of resources available to Council, it is unlikely that Council could rely on the resources defence under the Civil Liability Act 2002.? The opinion of Council's solicitor is that if Council does not proceed with the draft IWCM without fully investigating financing options then it is taking a grave risk of being held liable in the future for losses caused to third parties in the Council area.? Council's insurers have been informed of this advice.

 

The advice has also been discussed with Council's solicitor and in particular whether, in terms of risk, there may be a distinction between existing residents and businesses and future residents and businesses.? The solicitor's opinion is that there would be no real difference in the legal standing of the two groups.

 

Advice has also been obtained from the Department of Water and Energy which is attached.? The Department advises that if Council were to not complete and adopt an approved IWCM strategy, it would mean that Council did not comply with the NSW Government's Best Practice Management Guidelines.? The implications of this is that Council is not eligible to pay a dividend but more significantly Council is not eligible to access all available funding under the Country Towns Water Supply and Sewerage Program.? The Department also advises that the adoption of a preferred scenario does not necessarily commit Council to all of the actions contained within the scenario.? It is possible that aspects of a solution adopted in the IWCM may need to change over time and for this reason it includes a six yearly review.? Importantly, the draft IWCM has confirmed the need for and size of the proposed off stream water storage.? The Department also states that drought management plans are not an alternative to the IWCM.

 

Whilst not mentioned in the Department?s letter, there is also the on-going review of non-metropolitan water utilities.? Failure to follow the NSW Government?s Best Practice Management Guidelines will not assist Council?s position in retaining responsibility for water and sewerage services.

 

The Department suggests that Council could adopt the draft IWCM in principle, with a resolution to complete additional investigations prior to committing to the major water security projects.

 

In relation to the third resolution, Council will be making an application for funding under the Australian Government's National Water Security Plan for Cities and Towns.? The funding guidelines for the Program are attached.? The closing date for applications is 1 December 2009 with notification of outcome expected in February/March 2010 and with projects to be completed by 30 June 2012.? Whilst there is no maximum project size the Australia Government contribution is capped at $10m (GST exclusive) per project.? The draft IWCM contains a range of projects that easily meet the program?s objectives.? The off river water storage which is an integral component of the draft IWCM should also be eligible for funding.

 

The Mayor and General Manager attended a meeting on 26 October 2009 with the Director of the Cities and Towns Section of the Urban Water Security Branch of the Department of the Environment, Water, Heritage and the Arts to discuss Council?s funding application.? It was evident from the meeting that Council?s chances of obtaining funding will be enhanced by adoption of the IWCM and the submission of a funding application which reflects its integrated approach to better managing the water cycle through water conservation, demand management and improved drought security.

 

There is a report on the fourth resolution elsewhere in Council?s business paper.? The expert advice from Council?s staff, the Office of Water and the Department of Public Works is that the draft IWCM and the drought management strategy cannot be linked ie, the drought management strategy can never secure the Valley?s water supply.? It is a high risk and costly strategy for managing a crisis, not avoiding a crisis.

 

In order to place Council in the best possible position to secure funding from the Australian Government and meet the State Government?s Best Practice ?mandate?, it is recommended that Council accept the advice of the Department to adopt the draft IWCM in principle and undertake additional financial investigations prior to committing to the Bowraville Off River Water Storage.

 

In consideration of concerns regarding the affordability of the draft IWCM (and more specifically the Bowraville off river water storage), it is proposed that a Value Management workshop be conducted.? The value management workshop will examine the financial components of the IWCM, including the Bowraville Off River Storage (BORS); the rate modelling and forecast developer contributions; as well as typical residential bills and developer contributions in other local government areas.? It is not proposed to go back and review alternatives to the BORS (regional schemes, in stream storages, desalination etc) as this has already been done in a 1994 Strategy Report and 1995 Value Management Strategy workshop.

 

The Value Management workshop would have as its major focus the BORS project. It is anticipated that there would be a separate session on the remaining components of the IWCM.

 

Because of the exhibition of the draft EIS and the conduct of a Value Management Workshop it is proposed to defer the next scheduled Nambucca Water Supply Steering Committee meeting to late January 2010.

 

 

CONSULTATION:

 

The draft IWCM Strategy report was also placed on public exhibition for a period of 8 weeks commencing Friday 12th June with copies put on display at Council?s administration centre and libraries, Bowraville, Scotts Head, Valla Beach and on Council?s website.? There was also a mail out and feedback sheet to all property owners receiving water rates.

 

An information evening was held on 22nd July 2009, where information about the recommended scenario was presented.? The 4pm session was attended by about 10 residents and the 6pm session was called-off due to lack of attendance.

 

A total of 88 feedback forms and 7 letters were received.? The Department of Commerce believes none of the matters raised in the submissions warrant any change to the content of the original draft report.? The following is the advice on the submissions provided by the Department of Commerce.

 

The community feedback could be classified into six groups as follows:

?????????????? Water sources

?????????????? Water pricing

?????????????? Population growth

?????????????? General

?????????????? Amalgamation of adjoining Councils? water services

?????????????? Communication on IWCM

Water Sources

Summary of community feedback:

?????????????? A few submissions wanted Nambucca Shire Council (NSC) to consider other supplementary surface water sources such as Deep Creek, Warrell Creek, Taylors Arm, Missabotti, connection to Bellingen/Coffs Harbour/Kempsey systems, with on-river storages/weirs; supplementary groundwater sources in the Gumma and Taylors Arm area as well as desalination;

?????????????? A number of submissions did not want NSC to proceed with the Bowraville Off-River Storage (BORS scheme) citing it is expensive and a few wanted NSC to look at alternatives/review population growth, etc.

?????????????? About 50% of the submissions wanted NSC to proceed with the BORS scheme;

?????????????? A few submissions wanted NSC to evaluate stormwater reuse/recycling;

?????????????? A few commented on the various retrofit programs in the preferred scenario.

 

Summary of responses to community feedback:

?????????????? All the supplementary source options were evaluated in early 1990?s and again during the Water Supply Strategy Review and were considered to be more expensive with lower triple bottom line (TBL) score than the proposed BORS scheme option.? NSC after considering the community feedback (2006) adopted the BORS scheme option as the preferred option.

?????????????? The preferred scenario delivers the smallest BORS scheme footprint.

?????????????? The stormwater reuse/recycling options were found to be more expensive than options based on other water sources and the preferred scenario has the most cost effective portfolio of sources.

Water Pricing

Summary of community feedback:

?????????????? Almost all the comments relating to water pricing wanted the developer to pay for the works relating to growth and some suggested increasing the water price to reduce use;

?????????????? A few submissions wanted NSC to seek grants from State and Federal governments to reduce water services charges;

?????????????? A few commented on the retrofit programs in the preferred scenario; and

?????????????? A few commented on the need to keep within budget.

 

Summary of responses to community feedback:

?????????????? Water services pricing (access charge, usage charge and developer charges) are expected to comply with the State Governments? ?Guidelines for Best Practice Management of Water Supply and Sewerage?.? Although, NSC?s water services pricing are in accordance with the best practice guidelines, they need review and updating based on the IWCM scenario that would be adopted;

?????????????? It is expected that NSC would be evaluating all available pricing options when updating the access charge, usage charge and developer charges in accordance with the best practice guidelines; and

?????????????? NSC is actively pursuing funding and grants from State and Federal governments.

Population Growth

Summary of community feedback:

?????????????? A few submissions indicated that the 2% growth rate is high and 1% or 0% would have been more appropriate.

??????????????

Summary of responses to community feedback:

?????????????? The 2% growth was based on the best available information at the time of writing report - Structure Plan and NSW Dept. Planning Mid North Coast Strategy.

?????????????? Sensitivity analysis was included in IWCM Strategy report for 1% population growth.

?????????????? The report recommends that Council continually review their capital works program and adjust it in accordance with actual population growth that is occurring.

?????????????? The strategy report shows that at 2% population growth 5,500 ml dam may only have a life of about 30 years if the predicted mid-range climate change scenario were to eventuate.? This is very short when compared to industry standards and indicates that Council is building the smallest dam practical with a view to concentrating on demand reduction measures in the future.

?????????????? It is noted that many commentators are still suggesting that coastal populations will grow rapidly in the next 25 years.

General

Summary of community feedback:

?????????????? A few submissions wanted a priority order of work;

?????????????? A few submissions wanted the greenhouse gas emission to be quantified and renewable energy sources be considered to power the pumps; and

?????????????? One submission wanted the cost and risk of not proceeding with the BORS scheme option to be quantified.

 

Summary of responses to community feedback:

?????????????? The priority order of work was outlined and the quantity of greenhouse gas emission was also included in the IWCM Strategy report;

?????????????? Costs were included in the adopted scenario cost to undertake a feasibility and cost/benefit study of operating pumps using renewable energy; and

?????????????? It is noted that the IWCM guidelines require scenarios be developed to solve issues and that to do nothing is not an option.

Amalgamation of Adjoining Councils? Water Services

Summary of community feedback:

?????????????? A few submissions indicated that the water services of NSC may amalgamate with Port Macquarie and/or Coffs Harbour and/or Kempsey and/or Bellingen and hence delay the BORS project until such issues are resolved.

 

Summary of responses to community feedback:

?????????????? Most Council?s want to stand alone; and

?????????????? The residents in other Council areas may not agree to pay for water services works that only benefit the Nambucca Council residents.

Communication on IWCM

Summary of community feedback:

?????????????? A few submission wanted NSC to regularly update them on progress; and

?????????????? A few submissions indicated that there was not enough information to comment.

 

Summary of responses to community feedback:

?????????????? NSC intends to provide regular updates as noted in the report;

?????????????? All available reports were made available during the consultation process

?????????????? Council?s attempts to engage the community was generally met with poor response.

Conclusion

Based on the review of community feedback the following could be concluded:

 

?????????????? Majority of submissions support the recommended IWCM scenario and the immediate implementation of the BORS project which is an element of the recommended scenario;

?????????????? Many of the submissions wanted the BORS project to be funded by the developers and/or by government;

?????????????? Few submissions want the water conservation and reuse measures in the recommended scenario to be implemented before proceeding with the BORS project; and

?????????????? NSC should consider providing the community with regular updates on the status and progress on the IWCM strategy.

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

Issues concerning the environment are well documented in both the IWCM and the Bowraville Off River Storage (BORS) environmental impact statement (EIS).? In general terms the water conservation and demand management proposals in the IWCM will be of benefit to the environment.? The ability of the BORS project to avoid extracting water from the borefield during drought periods will be a significant plus for the environment in allowing the maintenance of environmental flows.

 

Social

 

Similarly social issues are well documented in the IWCM as well as the BORS environmental impact statement.

 

Economic

 

Economic issues are well documented in the IWCM and BORS.? Without adequate drought security existing businesses will be at a higher risk of economic loss during periods of drought with a potential increase in unemployment.? It will be more difficult to attract new business to the Nambucca Valley if there is inadequate drought security.

 

Risk

 

There are many risks associated with the IWCM including changes in costs (construction costs, operating costs, interest rates); changes in revenue (assumed population growth, grant opportunities); changes in government policy (reform of water utilities, extraction rules); water quality risks; as well as climate change.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

The financial implications of the IWCM are documented in the report.

 

Source of fund and any variance to working funds

 

At this stage there is no impact on working funds.? The proposed conduct of a value management workshop will incur some relatively minor costs which would be met by the water fund.

 

Attachments:

1View

27480/2009 - Legal Advice

 

2View

23688/2009 - Advice - Office of Water

 

3View

27117/2009 - National Water Security Plan for Cities and Towns - Guidelines

 

??


 

Ordinary Council Meeting - 5 November 2009

Draft Integrated Water Cycle Management (IWCM) Strategy

Attachment 1

27480/2009 - Legal Advice

 


?


 

Ordinary Council Meeting - 5 November 2009

Draft Integrated Water Cycle Management (IWCM) Strategy

Attachment 2

23688/2009 - Advice - Office of Water

 


?


 

Ordinary Council Meeting - 5 November 2009

Draft Integrated Water Cycle Management (IWCM) Strategy

Attachment 3

27117/2009 - National Water Security Plan for Cities and Towns - Guidelines

 


?


 

Ordinary Council Meeting

5 November 2009

General Manager's Report

ITEM 9.4????? SF329????????????? 051109???????? Crosswinds Wetland Nature Reserve Committee of Management - Annual General Meeting - 24 September 2009

 

AUTHOR/ENQUIRIES:???? Monika Schuhmacher, Executive Assistant ????????

 

Summary:

 

The report acknowledges the Annual General Meeting o the Crosswinds Wetland Nature Reserve Committee of Management and the new Committee.? A copy of the minutes is attached.

 

 

Recommendation:

 

That Council endorse the Crosswinds Wetland Nature Reserve Committee of Management's minutes of its Annual General Meeting held on 24 September 2009 and thank the outgoing Committee for their work in the past twelve months.

 

 

OPTIONS:

 

There are no real options.? Council needs voluntary Committees of Management to manage recreation and community facilities across the Nambucca Valley.

 

 

DISCUSSION:

 

The AGM of the Crosswinds Wetland Nature Reserve was held on 24 September 2009.

 

The Committee of Management for the ensuing twelve months is:

 

????????? Chairperson???????????????????? Bob Young

????????? Vice Chairperson???????????? Geoff Gough

????????? Secretary/Treasurer????????? Tony Brooks

????????? Tree Warden????????? Toby Miles

????????? Publicity Officer?????????????? Tony Brooks

????????? Water Spokesperson??????? Nick Schenken

????????? Committee:???????????????????? Ken Robensen, Olive Ussher, Frank Stennett

 

 

CONSULTATION:

 

None.

 

 

CONSULTATION:

 

There has been no consultation in preparing this report.

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are no implications for the environment.

 

Social

 

There are no social implications.


Economic

 

There are no economic implications.

 

Risk

 

There are no risk implications.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

There are no financial implications.

 

Source of fund and any variance to working funds

 

There are no implications for working funds.

 

 

Attachments:

1View

26846/2009 - Minutes - AGM? 24 September 2009

 

??


 

Ordinary Council Meeting - 5 November 2009

Crosswinds Wetland Nature Reserve Committee of Management - Annual General Meeting - 24 September 2009

Attachment 1

26846/2009 - Minutes - AGM? 24 September 2009

 



?


 

Ordinary Council Meeting

5 November 2009

General Manager's Report

ITEM 9.5????? SF309????????????? 051109???????? Bowraville Folk Museum Committee of Management - Financial Statement to 30 June 2009

 

AUTHOR/ENQUIRIES:???? Monika Schuhmacher, Executive Assistant ????????

 

Summary:

 

At its meeting on 17 September 2009 Council resolved to write to each Section 355 Committee of Management reminding them of the requirement for a financial report and what it should contain.

 

 

Recommendation:

 

That Council note the financial details for the year ending 30 June 2009 for the Bowraville Folk Museum Committee of Management.

 

 

OPTIONS:

 

There are no real options.? Council needs voluntary Committee of Managements to manage recreation and community facilities across the Nambucca Valley.

 

DISCUSSION:

 

The minutes of the AGM of the Bowraville Folk Museum were reported to Council on 1 October 2009.? The Committee has since been asked to provide a copy of its financial details?a copy of this is attached.

 

CONSULTATION:

 

There has been no consultation in preparing this report.

 

SUSTAINABILITY ASSESSMENT:

 

Environment

There are no implications for the environment.

 

Social

There are no social implications.

 

Economic

There are no economic implications.

 

Risk

There are no risk implications.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

There are no financial implications.

Source of fund and any variance to working funds

There are no implications for working funds.

 

 

Attachments:

1View

25095/2009 -? Bowraville Folk Museum - Financial report

 

??


 

Ordinary Council Meeting - 5 November 2009

Bowraville Folk Museum Committee of Management - Financial Statement to 30 June 2009

Attachment 1

25095/2009 -? Bowraville Folk Museum - Financial report

 




?


 

Ordinary Council Meeting

5 November 2009

General Manager's Report

ITEM 9.6????? SF343????????????? 051109???????? Valla Public Hall Committee of Management - Annual General Meeting - 26 August 2009 - Minutes

 

AUTHOR/ENQUIRIES:???? Monika Schuhmacher, Executive Assistant ????????

 

Summary:

 

The report acknowledges the minutes for the Annual General Meeting of the Valla Public Hall Committee of Management and the new Committee, which was held on 26 August 2009.? A copy of the minutes of this meeting are attached.

 

 

 

Recommendation:

 

That Council endorse the minutes of the Committee of Management for the Valla Public Hall's Annual General Meeting held on 26 August 2009, and thank the outgoing Committee for their work in the past twelve months.

 

 

 

OPTIONS:

 

There are no real options.? Council needs voluntary Committees of Management to manage recreation and community facilities across the Nambucca Valley.

 

 

DISCUSSION:

 

The AGM of the Valla Public Hall was held on Wednesday 26 August 2009.

 

The Committee of Management for the ensuing twelve months is:

 

????????? President??????????????????????? Mr Ron Henderson

????????? Assistant President????????? Mr Brian Pade

????????? Treasurer???????????????????????? Mr Peter Trisley

????????? Secretary??????????????????????? Ms Sarah Pade

????????? Booking Officer??????????????? Ms Anne Pade

????????? Committee Members:?????? Mr Peter Brougham, Ms Kate Brougham, Mr Michael Brougham,

??????????????????????????????????????????????? Ms Liz Henderson, Mr Peter Shales, Mr Barry Pade, Ms Jan Pade,

??????????????????????????????????????????????? Ms Betty Trisley, Mr Ray Schrieber, Ms Lyndall Townend, Ms Hilary Panitz

 

 

CONSULTATION:

 

None

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are no implications for the environment.

 

Social

 

There are no social implications.

 


Economic

 

There are no economic implications.

 

Risk

 

There is no risk to Council.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

There are no financial implications.

 

Source of fund and any variance to working funds

 

There is no variance to working funds.

 

 

Attachments:

1View

25551/2009 - Minutes of AGM held 26 August 2009

 

??


 

Ordinary Council Meeting - 5 November 2009

Valla Public Hall Committee of Management - Annual General Meeting - 26 August 2009 - Minutes

Attachment 1

25551/2009 - Minutes of AGM held 26 August 2009

 








??


 

Ordinary Council Meeting

5 November 2009

Director Environment & Planning's Report

ITEM 10.1??? SF1261??????????? 051109???????? Outstanding DAs greater than 12 months, applications where submissions received not determined, 26 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

Application called in and to be presented to Council at the 18 November 2009 GPC

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-November

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

Awaiting information from Engineers re various issues with the design of the subdivision

Determination of application by early-November

 

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.

 

2010/031

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

Upon receipt of clarification from Council?s Solicitor, a report will be presented to a future meeting of Council

 

2010/047

22/09/2009

Drive In Liquor Store

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

? Anti-social behaviour

? Already 2 liquor stores within walking distance

? Traffic issues

A large number of objections have been received - Issues will be addressed in the assessment of the application

To be presented to 18/11/09 GPC

 

 

Attachments:

There are no attachments for this report.


 

Ordinary Council Meeting

5 November 2009

Director Environment & Planning's Report

ITEM 10.2??? SF1261??????????? 051109???????? DAs and CDCs Received and Determined under Delegated Authority 5-23 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
5-23 OCTOBER 2009

 

DA Number

Application Date

Development

Address

2010/056

07/10/2009

2 Lot Residential Subdivision

Lot 85 DP 228703, 132 Ocean View Drive, Valla Beach

2010/057

09/10/2009

Replace and Widen Deck, install new Retaining Wall and Slab

Lot 12 Section 10 DP 758749, 4 Pacific Street, Nambucca Heads

2010/058

13/10/2009

Removal of Dwelling-House

Lot 11 DP 227814, 15 Wall Street, Macksville

2010/059

13/10/2009

Dwelling-House and Garage

Lot 106 DP 245010, 31 South Pacific Drive, Scotts Head

2010/060

16/10/2009

Rural-Residential Shed

Lot 213 DP 1022234, Margaret Street, Gumma

2010/061

19/10/2009

Rural-Residential Dwelling

Lot 100 DP 1126852, Irvines Road, Newee Creek

2010/062

21/10/2009

Dwelling Additions

Lot 9 Sec E DP 6379, 74 Main Street, Eungai Creek

2010/063

20/10/2009

Deck

Lot 1 DP 334892, 84 High Street, Bowraville

2010/607

21/10/2009

Dwelling Additions

Lot 53 DP 248782, 14 Nambucca Street, Nambucca Heads

2010/608

23/10/2009

Swimming Pool

Lot 51 DP 792720, 100 Florence Wilmont Drive, Nambucca Heads

 

 

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

 


DEVELOPMENT APPLICATIONS AND MODIFICATIONS DETERMINED UNDER DELEGATED AUTHORITY TO 23 OCTOBER 2009

 

CONSENT/ DA

PROPERTY DESCRIPTION

DEVELOPMENT DETERMINED

EST VALUE $

2010/023

Lot 89 DP 261088, 35 Centenary Parade, Nambucca Heads

Extensions for three (3) additional rooms to existing church building

$85,000

2010/018/01

Lot 5 DP 828150, 487 Upper Warrell Creek Road, Congarinni

Rural Shed Modification

$34,000

2010/028

Lot 86 DP 1099538, 82 Seaforth Drive, Valla Beach

Dwelling-House

$223,951

2009/196

Lot 122 DP 1116631, 70a Ridge Street, Nambucca Heads

2 Lot Strata Subdivision

0

2010/025

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

Detached Dual Occupancy and Strata Title Subdivision

$485,000

2010/034

Lot 3 DP 1097830, 6A Cook Street, Bowraville

Relocate Dwelling-House

31,500

 

 

Attachments:

There are no attachments for this report.

?


 

Ordinary Council Meeting

5 November 2009

Director Environment & Planning's Report

ITEM 10.3??? SF278????????????? 051109???????? Report on Nambucca Shire Council Application for Funding to Healthy Communities

 

AUTHOR/ENQUIRIES:???? Vicki Fernance, Youth Development Officer ????????

 

Summary:

 

This report is to gain Council's endorsement for the lodgement of an application for funding of $80,000 through Healthy Communities for the ?Drink? But Don?t Sink project ? a joint Responsible Drinking Youth Initiative in the Nambucca and Bellingen Shires?. Applications were required to be submitted prior to this meeting of Council.

 

Healthy Communities is a partnership between the Local Government and Shires Association and NSW Health and aims to improve the capacity of Councils throughout New South Wales to promote health and well-being.

 

The project would require the employment of a Project Manager who would be responsible for coordinating, managing and implementing all facets of the project.

 

The Project Manager would be employed 20 hours per week, alternating between Nambucca and Bellingen Shire Councils, for a period of twelve months (the timeframe of the project). The Project Manager would be fully funded from the grant.

 

 

Recommendation:

 

That Council endorse the lodgement of the Healthy Communities Funding Application ? Drink? But Don?t Sink ? which includes the employment of a Project Manager to coordinate the project for twelve (12) months.

 

 

OPTIONS:

 

Not endorse the Healthy Communities Funding Application ? Drink? But Don?t Sink. Should this be the case, Council will advise the funding body that it is withdrawing the application.

 

 

DISCUSSION:

 

The first phase of Healthy Communities is to provide grants for up to $80,000 for council initiatives addressing key health issues?healthy weight, responsible drinking, tobacco control, and falls prevention?in communities experiencing health inequities.

 

The ?Community Adversity and Resilience? report by Tony Vinson highlighted that inequities exist. Vinson determined these inequities by identifying 14 different measurable disadvantage factors. Some of these included: unemployment, low income, early school leaving, unskilled workers, non-completion of Year 12 schooling, confirmed cases of child abuse, criminal offence convictions, mortality and disability support pension or sickness benefits. The Nambucca and Bellingen Shires were highlighted in this report.? The towns of Nambucca Heads, Bowraville and Urunga (Bellingen) are being identified among New South Wales? 30 most disadvantaged postcode areas.

 

According to the Medical journal of Australia the prevalence of lifestyle risk factors such as alcohol consumption is higher in unemployed compared with employed young people (MJA 1998; 168: 236-240).

 

Additionally, the Brotherhood of St Laurence?s Social Barometer, ?Challenges facing Australian Youth? ? August 2006, states that compared with young persons living in the least disadvantaged areas of Australia, young males and females living in the most disadvantaged areas had significantly higher rates of alcohol risk. Young people who are socially disadvantaged, who live in rural and regional areas or who are Indigenous show worse health results. Areas of concern regarding the health of young people overall are the increase in obesity and alcohol abuse (AIHW 2006a).

 

The Nambucca Shire Council Social Plan identifies a need to encourage reduced consumption of alcohol within local communities. Council also conducted an Online Youth Survey in December 2007 and survey results highlighted: drunken behaviour, alcohol and drug use, lack of employment, restricted entertainment options and transport.

 

The proposed project, ?Drink? But Don?t Sink? will be delivered within the Nambucca and Bellingen Shires and focus on responsible drinking amongst youth within these areas. As such, it will be necessary to ensure that a Memorandum of Understanding is prepared to ensure that the interests and outcomes for each local government area are identified and agreed to early in the project.

 

The Project Manager will work towards establishing a youth steering committee (one in each Shire) which would be presented to Council as a Section 355 Committee for this project. The youth steering committees would prepare a budget to be used for various resources towards delivering several programs, events, workshops and competitions. The delivery of these programs will create new capacity and several potential elements of the project have been identified, as below:

 

?????????????? Creative poster competition for promotion of the project and the final event

?????????????? Save-A-Mate (SAM) program ? delivered by the Red Cross

?????????????? Save-A-Mate Train the Trainer initiative

?????????????? Youth community barbecues ? a series of regular youth barbecue activities that include breath testing for alcohol. Any youth that test positive will not be eligible to participate

?????????????? Organised transport for youth to attend events

?????????????? Skate competition (in both Shires)

?????????????? Health information day for youth with sponsorship from North Coast Area Health, other health related areas, eg, dental health, mental health

?????????????? Other opportunities for working with local business and the local liquor accords

?????????????? Bring a parent program ? to educate parents on effects of providing alcohol to youth including brain development, legal responsibilities, etc. The aim of this program is to have a fun, family orientated environment such as a family barbecue and fun day with various activities

?????????????? A creative expression competition may be included that invites individual youth or groups of youth to perform items such as a small skit, poem, sing, etc, with a responsible alcohol related theme

 

The ?Drink? But Don?t Sink? project will provide the youth steering committees opportunities to work towards the implementation of a Community Drug Action Team (CDAT) in Nambucca and Bellingen in the future. Community Drug Action Teams work to reduce the local impact of drug problems by working with organisations and other community groups on local projects and identifying opportunities for improving services.

 

The Save-A-Mate Train the Trainer initiative will provide training to workers and participants to deliver the Save-A-Mate program to youth in the Nambucca Shire after completion of the project.

 

For the ?Drink? But Don?t Sink? project to be successful it requires additional human resources to undertake the project work, hence, the reason for the $80,000 grant application. The worker would be appointed for a fixed period as a casual, as the project will require the employee to work flexible hours.

 

CONSULTATION:

 

Director Environment and Planning

Jenny Chance ? Grants officer

North Coast Area Health

Nambucca Valley Youth Services Centre

Red Cross

Bellingen & Seaboard Youth Services

Bellingen Shire Council


SUSTAINABILITY ASSESSMENT:

 

Environment

 

No impact.

 

Social

 

This project will empower young people to work within the community and with their peers.

 

Economic

 

No impact.

 

Risk

 

Nothing specific identified, however should the project proceed Risk Assessments would be required prior to any activity taking place.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

There is nothing identified as the application for funding includes all costs associated with the project including the employment of a project worker.

 

Source of fund and any variance to working funds

 

Funding for this project would be solely from external grant funds.

 

Attachments:

There are no attachments for this report.


 

Ordinary Council Meeting

5 November 2009

Director Environment & Planning's Report

ITEM 10.4??? SF241????????????? 051109???????? Further Update on Exhibition of Draft Nambucca Local Environmental Plan 2009

 

AUTHOR/ENQUIRIES:???? Greg Meyers, Director Environment and Planning ????????

 

Summary:

 

The purpose of this report is to advise Council that the Department of Planning have issued the Section 65 Certificate enabling the Draft Nambucca Local Environmental 2009 (DNLEP 2009) to be exhibited.

 

The s65 Certificate however, was conditional upon several amendments being attended to. Some of these amendments were previously highlighted to Council with the additional requirements being presented to and considered by the Mayor and General Manager. As these were relatively minor in nature, the amendments have been incorporated and authorised for exhibition.

 

The DNLEP 2009 went on exhibition on Monday 26 October until Friday 18 December 2009 being a total of 8 weeks.

 

Two public information sessions are scheduled for Monday 16 November in the Council Chambers Macksville and Monday 23 November at the Entertainment Centre in Nambucca Heads both commencing at 6.00 pm.

 

 

Recommendation:

 

That Council note that two (2) public information sessions are scheduled for Monday 16 November 2009 in the Council Chambers Macksville and Monday 23 November 2009 at the Entertainment Centre in Nambucca Heads both commencing at 6.00 pm.

 

 

OPTIONS:

 

Council has the option of providing a longer exhibition period, however it is not recommended as the previously endorsed timeline allows submissions to be considered and presented to Council mid February 2010.

 

 

DISCUSSION:

 

At its meeting of 17 September 2009, Council considered a report on the progress of draft Nambucca Local Environmental Plan 2009. This report provided Council with an update on several likely amendments to the Draft LEP and that some additional amendments may be required with the issue of the Section 65 Certificate.

 

In an attempt to enable the DLEP to be on exhibition prior to the end of 2009 the following specific resolutions were supported.

 

That Council delegate authority to the Mayor and General Manager to authorise changes to the Draft Nambucca Local Environmental Plan 2009 as required by the Department of Planning to enable the issue of a Section 65 Certificate to exhibit the Draft Nambucca Local Environmental Plan 2009.

 

That Council, upon receipt of the Section 65 Certificate and completion of any required amendments or changes, the Draft Nambucca Local Environmental Plan 2009 and all accompanying documents and maps be placed on exhibition provided that the exhibition period required by the Environmental Planning and Assessment Act and Regulations can be completed by Friday 18 December 2009 being a minimum of 28 days.

 

The Department of Planning issued the Section 65 Certificate on 15 October 2009 which required the following matters to be attended to and incorporated in the Draft LEP prior to its exhibition:

 

1??????? Secondary dwellings are to be listed as prohibited development in the land use table for zones RU1 Primary Production, RU2 Rural Landscape and E3 Environmental Management.

 

2??????? Land located along the Pacific Highway at Lower Nambucca and proposed to be zoned R1 General Residential, being lot 11 and 12 DP 1017408 and Lot 2 DP 514920 is to be zoned RU1 Primary Production and the Lot Size Map is to indicate a 40ha minimum lot size applies to this land.

 

3??????? Light industry, with the exception of home industry is to be listed as prohibited development in the land use table for zones RU1 Primary Production and RU2 Rural Landscape.

 

4??????? Bulky goods premises is to be listed as prohibited development in the land use table for zones IN1 General Industrial and IN2 Light Industrial.

 

5??????? The northern portion of Lot 5 DP 749153 is to be zoned E3 Environmental Management as per draft amendment 65 to the Nambucca LEP 1995 and in accordance with the recommendations of the LES prepared by GHD July 2004.

 

6??????? Item 3 of Schedule 1 relating to an additional permitted use on Lot 3 DP 749153 is to be deleted.

 

7??????? The LEP maps are to be produced with a map grid which is uniform throughout all map series in accordance with the requirements of the Standard Technical Requirements for LEP Maps produced by the Department of Planning.

 

8??????? Where land is zoned SP2 Infrastructure the Land Zoning Map must include an annotation indicating the specific use of this land.

 

Council's Strategic Planner, following confirmation from the Mayor and General Manager has attended to the above conditions.

 

The two landowners which the above conditions 2 & 6 refer, have been formally advised in writing suggesting that they may wish to make a formal submission in regard to the above directive during the exhibition period.

 

The Draft Nambucca Local Environmental Plan 2009 and all accompanying and required maps, strategies? and the LES are now on exhibition at the following locations:

 

??????????? Council's Website www.nambucca.nsw.gov.au/On Exhibition;

??????????? Council?s Administration Centre, 44 Princess Street, Macksville;

??????????? Macksville Library, 41 Princess Street, Macksville;

??????????? Nambucca Library, 23 Ridge Street, Nambucca Heads;

??????????? Eungai Creek Post Office/General Store;

??????????? CTC, High Street, Bowraville;

??????????? General Store, Valla Beach;

??????????? Post Office, Scotts Head.

 

Two public Information sessions have been scheduled during the first half of the exhibition period as follows:

 

Monday 16 November 2009 ? Council Chambers ? Macksville 6.00 pm start

Monday 23 November 2009 ? Entertainment Centre - Nambucca Heads 6.00 pm start

 

In addition an information brochure will be mailed out to all rateable properties by Friday 6 November 2009 bringing to the ratepayers attention that the DNLEP 2009 is on exhibition.

 

The DNLEP 2009 and all exhibition information is on Council's website and electronic copies on CD are available free of charge from Council's Administration Centre in Macksville.

 

 

CONSULTATION:

 

Mayor

General Manager

Two (2) Lower Nambucca Land Owners

Department of Planning Officers ? Grafton Office

Manager Planning and Assessment

Strategic Planner

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

These matters have previously been considered and are addressed in the LES.

 

Social

 

These matters have previously been considered and are addressed in the LES.

 

Economic

 

These matters have previously been considered and are addressed in the LES.

 

Risk

 

These matters have previously been considered and are addressed in the LES.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

The costs associated with the Draft Nambucca Local Environmental Plan 2009 have been accounted for in the previous 2008/2009 budget and the current 2009/2010 budget along with recent funding under the Planning Reform Fund from the Department of Planning.

 

Source of fund and any variance to working funds

 

From General fund and grant funds. No variation expected or sought.

Attachments:

1View

26902/2009 - DoP Section 65 Certificate

 

??


 

Ordinary Council Meeting - 5 November 2009

Further Update on Exhibition of Draft Nambucca Local Environmental Plan 2009

Attachment 1

26902/2009 - DoP Section 65 Certificate

 



?


 

Ordinary Council Meeting

5 November 2009

Director Environment & Planning's Report

ITEM 10.5??? SF431????????????? 051109???????? Report on Draft Bushfire Prone Land Map

 

AUTHOR/ENQUIRIES:???? Grant Nelson, Strategic Planner ????????

 

Summary:

 

The purpose of this report is to advise Council that the preparation of revised bushfire prone land maps commenced in 2008 and a draft has now been prepared. The draft plan was forwarded to the Local RFS Office for comment. The RFS comments where appropriate have been included the recommended changes.

 

 

Recommendation:

 

That Council forward the draft 2009 Bushfire Prone Land Map to the Director General of the NSW Rural Fire Service for approval.

 

 

OPTIONS:

 

Whilst not a requirement, Council could choose to exhibit the draft plan and consider submissions prior to finally adopting the plan. Should Council choose to do this, the services of a specialist bushfire consultant may be required to review specific submissions back against the Bushfire Mapping criteria.

 

 

DISCUSSION:

 

Background

 

On 1 August 2002, the Rural Fires and Environmental Assessment Legislation Amendment Act 2002 (Amendment Act) came into effect. The Act amended both the Environmental Planning and Assessment Act 1979 and the Rural Fires Act 1997 to ensure that people, property and the environment are more fully protected against the dangers that may arise from bush fires. The Amendment Act requires Councils to map bush fire prone land within their local government area, which becomes the basis for planning for bush fire protection.

 

A Bushfire Prone Area is an area that can support a bushfire or is likely to be subject to bushfire attack. It is appropriate that people living in such areas are advised of such potential. Research has shown that 85% of houses are lost in the first 100m from bushland and that ember attack is a significant form of attack on properties. These statistics demonstrate that a dwelling does not necessarily need to be nestled in the bush for it to be impacted

 

The 2009 Victorian Bushfires Royal Commission Interim Report states the following:

 

?One hundred and seventy-three people died in the fires. The personal cost cannot be overestimated. The Commission has glimpsed the ruin and observed the raw emotions of those left behind. Whilst physical recovery is underway, many of the losses are permanent.?

 

Among other things, the above interim report highlights the importance of bushfire planning in regional communities, by recommending that projects aimed at determining bushfire risk from a land use planning perspective be given a high priority in Victoria.

 

Council?s objective in reviewing the Bushfire Prone Maps was to ensure all properties with the potential to be impacted are given the appropriate consideration at the development application stage.

 

Note: The bushfire prone land map is not intended to be a prohibitive development constraint, rather it is a trigger for appropriate assessment and review of a hazard which may effect lives and property. Therefore it is preferred to take a precautionary approach to its preparation.


Review of Existing Maps

 

Pursuant to section 146 of the Environmental Planning and Assessment Act, Council is required to review the Bushfire Prone Land Map every 5 Years. Council?s existing Bushfire Prone Land, which is based on 2003 satellite imagery is due for review. The main issues with this mapping are:

 

?????????????? the mapping is based on grids approximately 25m X 25m in area;

?????????????? 6 years old;

?????????????? that it inaccurately maps some areas; and

?????????????? it is not based on vegetation types ? all vegetation has been given a category 1 rating meaning they all require a 100m buffer.

 

A new map has been prepared in house using the Kendall and Kendall Vegetation Mapping (2003) which was based on 1997 aerial photography and this mapping was then updated with 2005 satellite imagery and clipped to major watercourses. This is along the same lines as the preparation of the constrained lands identified in the Rural Residential Strategy. See Attachment 1.

 

The advantages of this mapping over the old mapping are:

 

?????????????? it provides a more accurate base and boundaries to mapped areas because they do not have a grid edge;

?????????????? the differentiation between vegetation categories 1 and 2 allow for a reduced 30m buffer in some areas;

?????????????? the 2005 satellite imagery has allowed us to capture any areas that have been cleared since 2003.

?????????????? it sets a more accurate base map which can be updated when new aerial photos or LiDAR becomes available.

 

Both maps were prepared in accordance with ?Guideline Bushfire Prone Land Mapping NSW Rural Fire Service?. Some differences between the 2 maps include:

 

?????????????? the new map identifies Bushfire Prone Land of 123,785 ha (being 269 ha less than the existing);

?????????????? there is the inclusion of a large area of Category 1 Vegetation in the Gumma area which was not previously identified as Bushfire Prone Land in the existing map;

?????????????? Cadastre based watercourses and dams are not included as bushfire prone land in the new map;

?????????????? Bushfire Prone Vegetation along some watercourses is not mapped on the existing map but is mapped on the new map;

 

Data availability to update Mapping

 

Council currently has access to Spot5 2005 satellite imagery which has been used to satisfactorily correct the new mapping with any clearing undertaken between 1997 and 2005.

 

Council?s Senior GIS officer has indicated that the Department of Lands will be flying new aerial photography and LiDAR for the Nambucca LGA in late 2009 (subject to weather etc). The Department of Lands will make this data available to council at no cost. When available, these resources may be used to further update and refine the map as appropriate.

 

Bushfire Mapping and Ground Truthing

 

Bush Fire Prone Land Maps act as a trigger mechanism to ensure appropriate bush fire safety provisions are incorporated into development on bushfire prone areas.

 

The Bushfire Mapping Guidelines provide the details for mapping bush fire prone land as required under the Amendment Act. The guidelines are intended to be used by both the NSW Rural Fire Service and Councils.

 

The guidelines do not require the use of ground truthing, probably due to the following:

 

?????????????? the mapping is based on vegetation structural composition not species composition (eg Forest, Open Woodland, Wetland, Rainforest, cleared, etc);

?????????????? small remnants <1ha are excluded:

?????????????? essentially, the boundary of vegetation is required to be mapped. By using aerial photos or satellite imagery this can be accurately completed from a desk top.

?????????????? a 100m or 30m buffer is applied to the boundary of the vegetation (which means cleared land is included in the mapping);

?????????????? the bushfire map is not intended to be a prohibitive development constraint, rather it is a trigger for appropriate assessment and review of a hazard which may effect lives and property. Therefore, it is preferred to take a precautionary approach to its application.

 

Exhibition and Submissions

 

There is no legal requirement to exhibit the draft Bushfire Prone Land Map, nevertheless if Council wishes ?to do so, an exhibition period could be undertaken to ensure the community receives an opportunity to comment on the draft map.

 

Council should be aware that is not necessary to undertake ground truthing with this project. However, if the Plan is exhibited and submissions are received and cannot be satisfactorily resolved, Council may need to engage a suitable Bushfire Consultant to undertake a specific inspection and assessment to resolve the matter.

 

Final Map

 

The final map requires approval by the Director General of the NSW Rural Fire Service and is primarily used by Council as a trigger for assessment of Development Applications and Rezonings, as well as a notice to potential purchasers or developers on 149 Planning Certificates.

 

 

CONSULTATION:

 

Director Environment and Planning

Senior GIS Officer

GIS officer

 

NSW Rural Fire Service

 

The draft Bushfire Prone Land map was forwarded to the Local Office of the NSW Rural Fire Service for comment and consideration. The RFS provided comments to Council in Mid September 2009, using a GIS file to highlight anomalies. Of the 18 anomalies provided to Council only one change was made. The remainder of the anomalies could be accounted for by a review of the 2000, 2003 and 2005 photos, Council?s Vegetation mapping and the fact that water courses and dams were removed from the new map. Attachment 2 shows this map.

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

By reviewing the new maps with the most current data it will ensure any clearing undertaken between 1997 and 2005 is appropriately considered in the new bushfire map. It will also ensure the most reliable information is used to review a hazard which may impact on the environment.

 

Social

 

Amendments to Bushfire Mapping with the most recent data will ensure Council is using the most reliable information available to review a hazard which may impact on lives and property.

 


Economic

 

Amendments to Bushfire Mapping with the most recent data will ensure Council is using the most reliable information available to review a hazard which may impact on property.

 

Inappropriate consideration or approval of developments in Bushfire Prone areas may have legal implications for Council or the NSW Rural Fire Service.

 

Risk

 

Should Council not prepare the mapping with due diligence and consideration to the most up to date data available and inappropriate development be permitted to proceed, it may result in legal implications for Council.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

To date all mapping has been completed in house. $10,000 has been set aside in the 2009/2010 budget to review Bushfire Maps in case ground truthing is required to be outsourced and cover the costs associated with Map printing and placing on Council's Website following adoption.

 

Source of fund and any variance to working funds

 

The strategic planning program.

 

On the assumption that Council does not exhibit the maps there will be a surplus to working funds of approximately $8,000.

 

 

Attachments:

1View

27692/2009 -? Draft Bushfire Map and RFS Anomalies and Council Comments

 

??


 

Ordinary Council Meeting - 5 November 2009

Report on Draft Bushfire Prone Land Map

Attachment 1

27692/2009 -? Draft Bushfire Map and RFS Anomalies and Council Comments

 


??


 

Ordinary Council Meeting

5 November 2009

Director of Engineering Services Report

ITEM 11.1??? SF1031??????????? 051109???????? Revised Liquid Trade Waste Management Policy

 

AUTHOR/ENQUIRIES:???? Richard Spain, Manager Water and Sewerage ????????

 

Summary:

 

The Department of Environment Climate Change and Water (DECCW) has revised its Liquid Trade Waste Management Guidelines to comply with the National Framework for Wastewater Source Management published by the Water Services Association 

 

The revision includes an update of the Model Liquid Trade Waste Policy on which Local Water Utilities (LWU) are required to base their own policy.? Council has been in the process of making amendments to its policy to satisfy previous DWE requirements and has now also updated the policy so that it is based on the new DECCW 2009 Model Policy.

 

The amendments do not change any of the requirements of Council?s current policy (attached) in terms of the affect it has on designated trade waste dischargers, particularly in relation to the requirements to install appropriate pre-treatment devices.

 

DECCW have advised that the amendments to Council?s Policy are not considered to be substantial and that in accordance with Section 161(2) of the Local Government Act public exhibition is not required.? A copy of the updated policy is provided for the information of Councillors.

 

 

Recommendation:

 

1??????? That Council note:

 

????????? a)?????? That the Liquid Trade Waste Management Policy has been updated in accordance with the Department of Environment Climate Change and Water (DECCW) requirement that it be based on their 2009 Model Policy in order to comply with the National Framework for Wastewater Source Management.

 

????????? b)?????? That the updated Policy does not differ from the current Policy in terms of Council?s treatment of designated trade waste dischargers and the fees and charges they incur.

 

????????? c)?????? The Department of Environment Climate Change and Water (DECCW) advice that the changes are not substantial and that public exhibition of the amended document is not required.

 

2??????? That Council adopt the updated Liquid Trade Waste Management Policy.

 

 

 

OPTIONS:

 

There are no options to consider as DECCW have confirmed that all Council?s responsible for sewerage services are required to adopt a policy based on the 2009 Model Policy by June 2011.

 

 

DISCUSSION:

 

DECCW have issued new Guidelines that extend and update Liquid Trade Waste Management Guidelines released in 2005 and have been prepared in order to enable each Local Water Utility (LWU) to carry out best practice regulation of sewerage and trade waste. Sound regulation of sewerage and trade waste is a key component of the NSW Government?s Best-Practice Management of Water Supply and Sewerage Guidelines, 2007.? All LWUs are expected to comply with the requirements of the Best-Practice Management Guidelines by June 2009.

The Liquid Trade Waste Regulation Guidelines set out the NSW Framework for Regulation of Sewerage and Trade Waste and demonstrate that LWUs which comply with the NSW Framework also comply with the National Framework for Wastewater Source Management provided in the National Wastewater Source Management Guideline, published by the Water Services Association of Australia in July 2008.

 

The Liquid Trade Waste Regulation Guidelines include the 2009 Model Policy for Liquid Trade Waste Regulation, which is consistent with the above National Framework and the Local Government (General) Regulation, 2005.? The 2009 Model Policy is provided in Appendix D of the Guideline.

 

In order to align with the above National Framework, all LWUs responsible for sewerage services are required to adopt a policy based on the 2009 Model Policy by June 2011, as noted on page 10 of the Guidelines.

 

Council was already making amendments to its policy to comply with DECCW requirements when we were advised of the revisions to the update Liquid Trade Waste Management Guidelines and 2009 Model Policy.? The policy amendment was therefore delayed to incorporate all the DECCW revisions and is based on the 2009 Model Policy.

 

This policy update ensures that Council is satisfying the latest Best Practice Management Guidelines with respect to the management of liquid trade waste.

 

 

CONSULTATION:

 

Department of Environment, Climate Change and Water.

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

The environmental benefit of implementing the revised policy will be no different from that being achieved with the current policy.

 

Social

 

The social benefit of implementing the revised policy will be no different from that being achieved with the current policy.

 

Economic

 

The economic benefit of implementing the revised policy will be no different from that being achieved with the current policy.

 

Risk

 

There are no risks arising from the recommendation and the revised policy ensures Council is complying with current DECCW Best Practice Management Guidelines for liquid trade waste.

 

FINANCIAL IMPLICATIONS:

Direct and indirect impact on current and future budgets

There are no direct or indirect impacts on current and future budgets.

 

Source of fund and any variance to working funds

No funding is required

Attachments:

1View

13112/2009 - POLICY - Discharge of Liquid Trade Waste 2009

 

??


 

Ordinary Council Meeting - 5 November 2009

Revised Liquid Trade Waste Management Policy

Attachment 1

13112/2009 - POLICY - Discharge of Liquid Trade Waste 2009

 

 

 

 

 

 

 

 

 

 

LIQUID TRADE WASTE MANAGEMENT

POLICY

 

 

 

 

 

 

adopted ? 16 November 2006

 

reviewed ? October 2009

 

 

 

 


 

Ordinary Council Meeting - 5 November 2009

Revised Liquid Trade Waste Management Policy

Attachment 1

13112/2009 - POLICY - Discharge of Liquid Trade Waste 2009

 

 

Contents

Purpose of this policy. 1

Glossary... 2

What is liquid trade waste?. 6

Objectives... 7

Scope of this Policy. 7

1????? Part 1 ? Exemptions. 8

2????? Part 2 ? Criteria for approval to discharge liquid trade waste into council?s sewerage system.. 10

2.1???? Factors for consideration. 10

2.2 ??? Discharge quality. 11

2.3 ??? Prohibited substances. 11

2.4 ??? Stormwater discharges from open areas. 11

2.5???? Food waste disposal units. 12

2.6???? Devices that macerate or pulverise waste. 12

2.7 ??? Use of additives in pre-treatment systems. 12

3????? Part 3 ? Framework for regulation of liquid trade waste. 17

3.1???? The NSW framework for regulation of sewerage and trade waste. 17

3.2 ??? Alignment with the national framework for wastewater source management 18

3.3???? Application Procedures. 19

3.4???? Approval of applications. 20

3.5???? Concurrence of the Department of Environment Climate Change and Water 21

3.6 ??? Liquid trade waste charging categories. 24

3.7 ??? Liquid trade waste fees and charges. 27

3.7.1??? Application fee. 27

3.7.2??? Annual trade waste fee. 28

3.7.3??? Re-inspection fee. 28

3.7.4??? Trade waste usage charge. 28

3.7.5??? Excess mass charges. 29

3.7.6??? Food waste disposal charge. 30

3.7.7??? Non-compliance charges. 31

3.7.8??? Non-compliance penalty. 33

3.7.9??? Discharge of stormwater to the sewerage system.. 33

3.7.10? Septic and pan waste disposal charge. 33

3.7.11? Responsibility for payment of fees and charges. 33

3.8???? Monitoring. 34

3.9???? Liquid trade waste services agreement 35

3.10?? Enforcement of approvals and agreements. 36

3.11?? Modification and revocation of approvals. 36

3.12?? Prevention of waste of water 36

3.13?? Effluent improvement plans. 36

3.14?? Due diligence programs and contingency plans. 37

Attachment 1. 39

Sample Liquid Trade Waste Services Agreement 39

Attachment 2. 51

Provisions in the Local Government (General) Regulation 2005 in regard to acceptance of liquid trade waste into the sewerage system.. 51

 

 

Tables

Table 1:??????? Exemptions.............................................................................................................. 8

Table 2:??????? Guideline limits for acceptance of liquid trade wastes into sewerage system................. 13

Table 3:??????? Substances prohibited from being discharged into the sewerage system....................... 16

Table 4:??????? Liquid trade waste discharges with automatic assumed concurrence............................ 22

Table 5:??????? Deemed concentration of substances in domestic sewage.......................................... 29

Table 6:??????? Summary of trade waste fees and charges................................................................. 34

Figures

Figure 1:????? Charging categories for trade waste........................................................................... 24

 


 

Ordinary Council Meeting - 5 November 2009

Revised Liquid Trade Waste Management Policy

Attachment 1

13112/2009 - POLICY - Discharge of Liquid Trade Waste 2009

 

Purpose of this policy

This policy sets out how council will regulate sewerage and trade waste discharges to its sewerage system in accordance with the NSW Framework for Regulation of Sewerage and Trade Waste. The policy is concerned with the approval, monitoring and enforcement process for liquid trade wastes discharged to Council?s sewerage system and the levying of commercial sewerage and liquid trade waste fees and charges. It has been developed to ensure the proper control of liquid trade waste and hence protection of public health, worker safety, the environment, and Council?s sewerage system. The policy also promotes waste minimisation, water conservation, water recycling and biosolids reuse.

Sewerage systems are generally designed to cater for waste from domestic sources that are essentially of predictable strength and quality. Council may accept trade waste into its sewerage system as a service to businesses and industry.

Liquid trade wastes may exert much greater demands on sewerage systems than domestic sewage and, if uncontrolled, can pose serious problems to public health, worker safety, Council?s sewerage system and the environment.

Impacts of poor liquid trade waste regulation include:

??????? Grease, oil, solid material, if not removed on-site, can cause sewer chokes and blockages and the discharge of untreated sewage to the environment.

??????? Strong waste may cause sewage odour problems and corrosion of sewer mains, pumping stations and sewage treatment works.

A person wishing to discharge liquid trade waste to the sewerage system must, under section 68 of the Local Government Act 1993, obtain prior approval from Council. Discharging liquid trade waste without an approval is an offence under section 626 of the Act.

The procedure for approval is governed by Chapter 7 of the Local Government Act and is subject to the Local Government (General) Regulation 2005.

Under clause 28 of the Local Government (General) Regulation, a council must not grant an approval under section 68 of the Act to discharge trade waste (whether treated or not) into a sewer of the council unless the Director-General of the Department of Environment Climate Change and Water (DWE) has concurred with the approval.

Under section 90 (2) of the Local Government Act, the Director-General, DWE, may give the council notice that the concurrence may be assumed (with such qualifications or conditions as are specified in the notice).


Glossary

Assumed Concurrence: Council may apply to the Department of Environment Climate Change and Water, (DWE) for authorisation to assume concurrence for Classification B or Classification S activities. If granted, Council will no longer need to forward such applications to DWE for concurrence.

Automatic Assumed Concurrence: Councils have been authorised to assume DWE concurrence for Classification A activities. Such applications may be approved by Council without forwarding the application to DWE for concurrence.

Bilge Water: minor amounts of water collecting in the bilge of a vessel from spray, rain, seepage, spillage and boat movements. Bilge water may be contaminated with oil, grease, petroleum products and saltwater.

Biochemical Oxygen Demand (BOD5): The amount of oxygen utilised by micro-organisms in the process of decomposition of organic material in wastewater over a period of five days at 20?C. In practical terms, BOD is a measure of biodegradable organic content of the waste.

Biosolids: Primarily organic solid product produced by sewage processing. Until such solids are suitable for beneficial use, they are defined as wastewater solids or sewage sludge.

Bunding: Secondary containment provided for storage areas, particularly for materials with the propensity to cause environmental damage.

Chemical Oxygen Demand (COD): A measure of oxygen required to oxidise organic and inorganic matter in wastewater by a strong chemical oxidant. Wastewaters containing high levels of readily oxidised compounds have a high COD.

Chemical Toilet: Toilet in which wastes are deposited into a holding tank containing a deodorizing or other chemicals; wastes are stored and must be pumped out (and chemical recharged) periodically.

Commercial Kitchen/Caterer: For the purpose of these Guidelines, a commercial kitchen is a premises that is typically a stand-alone operation and prepares food for consumption off-site. These types of businesses typically cater to wedding functions, conferences, parties, etc. This definition would not apply to a food processing factory supplying pre-prepared meals to an airline company or similar.

Contingency Plan: A set of procedures for responding to an incident that will affect the quality of liquid trade waste discharged to the sewerage system. The plan also encompasses procedures to protect the environment from accidental and unauthorised discharges of liquid trade waste to the stormwater drainage system, and leaks and spillages from stored products and chemicals.

Director-General: Director-General means the Director-General of the Department of Environment Climate Change and Water (DWE).

Due Diligence Program: A plan that identifies potential health and safety, environmental or other hazards (eg. spills, accidents or leaks) and appropriate corrective actions aimed at minimising or preventing the hazards.

 

DWE Concurrence is required before a council may approve an application for the discharge of liquid trade waste (including septic tank and pan waste) to the sewerage system. It is a requirement under section 90(1) of the Local Government Act and clause 28 of the Local Government (General) Regulation 2005 that council obtain the written concurrence of the Director-General of the Department of Environment Climate Change and Water (DWE) prior to approving such waste to be discharged to the council?s sewerage system.

Effluent: The liquid discharged following a wastewater treatment process.

Effluent Improvement Plan (EIP): The document required to be submitted by a discharger who is not meeting the acceptance limits for discharge waste quality set down in Council?s approval conditions and/or liquid trade waste agreement. The document sets out how the discharger will meet the acceptance limits for the discharge of liquid trade waste to the sewerage system within the agreed timeframe.

Galley Waste: In this Policy, a liquid waste from a kitchen or a food preparation area of a vessel; solid wastes are excluded.

Heavy Metals: Metals of high atomic weight which in high concentrations can exert a toxic effect and may accumulate in the environment and the food chain. Examples include mercury, chromium, cadmium, arsenic, nickel, lead and zinc.

Housekeeping: is a general term, which covers all waste minimisation activities connected with the way in which operations within the premises are carried out.

Industrial Discharges: Industrial liquid trade waste is defined as liquid waste generated by industrial or manufacturing processes.

Local Government Regulation: Local Government (General) Regulation 2005 under the Local Government Act 1993.

Liquid Trade Waste: Liquid trade waste means all liquid waste other than sewage of a domestic nature.

Mandatory Concurrence: For the liquid waste in Classification C, councils will need to obtain concurrence from DWE for each discharger.

Methylene Blue Active Substances (MBAS): These are anionic surfactants (see Surfactants definition) and are called MBAS as their presence and concentration is detected by measuring the colour change in a standard solution of methylene blue dye.

Minimal Pre-treatment: For the purpose of this Policy includes sink strainers, basket arrestors for sink and floor waste, plaster arrestors and fixed or removable screens.

National Framework for Wastewater Source Management: refer to section 3.2

NSW Framework for Regulation of Sewerage and Trade Waste: refer to section 3.1

Open Area: Any unroofed process, storage, washing or transport area potentially contaminated with rainwater and substances which may adversely affect the sewerage system or the environment.

Pan: For the purpose of this Policy ?pan? means any moveable receptacle kept in a closet and used for the reception of human waste.

pH: A measure of acidity or alkalinity of an aqueous solution, expressed as the logarithm of the reciprocal of the hydrogen ion (H+) activity in moles per litre at a given temperature; pH 7 is neutral, below 7 is acidic and above 7 is alkaline.

Premises: Has the same meaning as defined in the Local Government Act Dictionary and includes any of the following:

(a)? a building of any description or any part of it and the appurtenances to it

(b)? land, whether built on or not

(c)? a shed or other structure

(d)? a tent

(e)? a swimming pool

(f)?? a ship or vessel of any description (including a houseboat)

(g)? a van.

Prescribed Pre-treatment Equipment is defined as standard non-complex equipment used for pre-treatment of liquid trade waste, eg. a grease arrestor, an oil arrestor/separator, solids arrestor, cooling pit (refer to Table 7 of Liquid Trade Waste Regulation Guidelines, 2009).

Primary Measurement Device: A device such as a gauging pit, weir tank or flume installed in the liquid trade waste discharge line suitable for installation of instrumentation for flow measurement. In cases of commercial flows this can mean a removable section of pipe (in the fresh water supply to the trade waste area) and the installation of a check meter.

Septage: Material pumped out from a septic tank during desludging; contains partly decomposed scum, sludge and liquid.

Septic Tank: Wastewater treatment device that provides a preliminary form of treatment for wastewater, comprising sedimentation of settleable solids, flotation of oils and fats, and anaerobic digestion of sludge.

Septic Tank Effluent: The liquid discharged from a septic tank after treatment.

Sewage Management Facility: A human waste storage facility or a waste treatment device intended to process sewage and includes a drain connected to such a facility or device.

Sewage of Domestic Nature: Includes human faecal matter and urine and waste water associated with ordinary kitchen, laundry and ablution activities of a household, but does not include waste in or from a sewage management facility.

Sewerage System: The network of sewage collection, transportation, treatment and by-products (effluent and biosolids) management facilities.

Ship-to-Shore Pump-out: Liquid waste from a vessel that may be considered for disposal to the sewerage system. This includes on-board toilet wastes, galley wastes and dry dock cleaning waste from maintenance activities.

Sullage: Domestic wastewater excluding toilet waste.

Surfactants: The key active ingredient of detergents, soaps, emulsifiers, wetting agents and penetrants. Anionic surfactants react with a chemical called methylene blue to form a blue-chloroform-soluble complex; the intensity of colour is proportional to concentration.

Suspended Solids (SS): The insoluble solid matter suspended in wastewater that can be separated by laboratory filtration and is retained on a filter. Previously also referred to as non-filtrable residue (NFR).

Total Dissolved Solids (TDS): The total amount of dissolved material in the water.

Waste Minimisation: Procedures and processes implemented by industry and business to modify, change, alter or substitute work practices and products that will result in a reduction in the volume and/or strength of waste discharged to sewer.


What is liquid trade waste?

Liquid trade waste is defined in the Local Government (General) Regulation 2005 as below:

Liquid trade waste means all liquid waste other than sewage of a domestic nature.

Liquid trade waste discharges to the sewerage system include liquid wastes from:

???? business/commercial premises (eg. beautician, florist, hairdresser, hotel, motel, restaurant, butcher, service station, supermarket, dentist)

???? community/public premises (including craft club, school, college, university, hospital and nursing home)

???? industrial premises

???? trade activities (eg. mobile carpet cleaner)

???? any commercial activities carried out at a residential premises

???? saleyards, racecourses and from stables and kennels that are not associated with domestic households

???? septic tank waste, chemical toilet waste, waste from marine pump-out facilities and established sites for the discharge of pan content from mobile homes/caravans to the sewerage system.

While septic tank, pan and ship-to-shore pump-out waste are defined as trade waste, specific procedures need to be applied to their management as the waste is often transported from its source to the sewerage system. Accordingly, specific references to these wastes are provided in this policy where necessary.

Liquid trade waste excludes:

???? toilet, hand wash basin*, shower and bath wastes derived from all the premises and activities mentioned above

???? wastewater from residential toilets, kitchens, bathrooms or laundries (ie. domestic sewage)

???? common use (non-residential) kitchen and laundry facilities in a caravan park

???? residential swimming pool backwash.

* Used for personal hygiene only

 


Objectives

The objectives[1] of this policy are:

????? to protect public health

????? to protect the health and safety of Council employees

????? to protect the environment from the discharge of waste that may have a detrimental effect

????? to protect Council assets from damage

????? to assist Council to meet its statutory obligations

????? to provide an environmentally responsible liquid trade waste service to the non-residential sector

????? to encourage waste minimisation and cleaner production in the commercial and industrial sectors

????? to promote water conservation, water recycling and biosolids reuse

????? to ensure compliance of liquid trade waste dischargers with Council?s approved conditions

????? to provide operational data on the volume and composition of industrial and commercial effluent to assist in the operation of the sewerage system and the design of augmentations or new sewerage systems

????? to ensure commercial provision of services and full cost recovery through appropriate sewerage and liquid trade waste fees and charges.

 

Scope of this Policy

This policy comprises three parts:

????? Part 1 specifies the circumstances in which a person is exempt from the necessity to apply for an approval to discharge liquid trade waste to Council?s sewerage system

????? Part 2 specifies the criteria which Council will take into consideration in determining whether to give or refuse a liquid trade waste approval

????? Part 3 specifies the framework for regulation of liquid trade waste, including the NSW Framework for Regulation of Sewerage and Trade Waste, alignment with the National Framework for Wastewater Source Management, application procedures, liquid trade waste discharge categories, liquid trade waste services agreements, monitoring of liquid trade waste discharges, liquid trade waste fees and charges, modification or revocation of approvals, prevention of waste of water and contaminated stormwater discharges from open areas.

 

 


1????? Part 1 ? Exemptions

_______________________________________________

Exemptions*

For obtaining approval of liquid trade waste discharge

Table 1:??????? Exemptions

This table lists commercial business activities that the Director-General, DWE has consented to an exemption from the requirement to apply for approval for liquid trade waste discharge to the sewerage system. Each such business must meet the standard requirements specified below. An annual trade waste fee applies to each such discharger.

Activity

Requirements

Beautician

Nil.

Bed and Breakfast (not more than 10 persons including proprietor)

Sink strainers in food preparation areas. Housekeeping practices (see Note 4).

Community hall (minimal hot food)

Sink strainers in food preparation areas. Housekeeping practices (see Note 4).

Day care centre (no hot food prepared)

Sink strainers in food preparation areas.

Housekeeping practices (see Note 4).

Nappies are not to be flushed into the toilet.

Delicatessen ? no hot food prepared

Sink strainers in food preparation areas. Housekeeping practices (see Note 4).

Dental technician (no X-ray

Plaster arrestor required.

Doctor?s surgery (plaster casts, no X-ray

Plaster arrestor required.

Dog/cat groomer/salon

 

Floor waste basket and sink strainer required (see Note 3).

Animal litter and any waste disposal products may not be discharged to sewer.

No organophosphorus pesticides may be discharged to sewer.

Florist

Floor waste basket and sink strainer required.

No herbicides/pesticides may be discharged to sewer.

Fruit and vegetable ? retail

Floor waste basket and sink strainer required (see Note 3).

 


 



Activity

Requirements

Funeral parlour

Floor waste basket required.

Formaldehyde is not to be discharged to the sewer.

Hairdressing

Floor waste basket and sink strainer (where available).

Jewellery shop

miniplater

 

ultrasonic washing

precious stone cutting

 

Miniplater vessel to contain no more than 1.5 L of precious metal solution

Nil

If :? < 1000 L/d plaster arrestor required

????? > 1000 L/d general purpose pit required

Mixed business (minimal hot food)

Floor waste basket and sink strainer required

(see Note 3).

Housekeeping practices (see Note 4).

Mobile cleaning units

carpet cleaning

garbage bin washing

 

20 micron filtration system fitted to a mobile unit.

Floor waste basket required. Discharge is via grease arrestor (if available).

Motel (no hot food prepared and no laundry facility)

Floor waste basket and sink strainer required

(see Note 3).

Housekeeping practices (see Note 4).

Nut shop

Floor waste basket and sink strainer required (see Note 3).

Optical service - retail

Solids settlement tank/pit required.

Pet shop ? retail

Floor waste basket and sink strainer required (see Note 2).

Pizza reheating for home delivery

Housekeeping practices (see Note 4).

Sandwich shop, salad bar, juice bar, coffee shop (no hot food prepared)

Floor waste basket and sink strainer required

(see Note 3).

Housekeeping practices (see Note 4).

Venetian blind cleaning

Nil (see Note 2).

Notes:

1.??? Where ?required? is used it means as required by Council.

2.??? If activity is conducted outdoors, the work area is to be roofed and bunded to prevent stormwater ingress into the sewerage system.

3.??? All drainage from floors in food preparation areas is required to pass through a floor waste basket.

4.??? Food preparation activities need to comply with sound housekeeping practices including:

(a)??? Floor must be dry swept before washing.

(b)??? Pre-wiping of all utensils, plates, bowls etc. to the scrap bin before washing up.

(c)??? Use of a food waste disposal unit is not permitted.

 

2????? Part 2 ? Criteria for approval to discharge liquid trade waste into council?s sewerage system

2.1? Factors for consideration

Council?s decision to accept liquid trade waste into its sewerage system is on the basis of a preventive risk management framework for managing risks to the sewerage system within an integrated water cycle management[2] context. It will be based on the discharge meeting Council?s requirements[3]. When determining an application to discharge liquid trade waste to the sewerage system, Council will consider the following factors:

????? The potential for the liquid trade waste discharge to impact on public health

????? The possible impacts the discharge may pose to the environment (land, water, air, noise, or nuisance factors)

????? The potential impacts of the discharge on the health and safety of the Council?s employees

????? The possible impact of the discharge on Council?s sewerage infrastructure or sewage treatment process

????? The capability of the sewerage system (both transportation and treatment components) to accept the quality and quantity of the proposed liquid trade waste discharge

????? The impact the liquid trade waste will have on the ability of the sewerage scheme to meet Department of Environment and Climate Change (DECC) licence requirements

????? Compliance of the proposed liquid trade waste discharge with guideline limits in this policy[4]

????? The potential impacts of the discharge on the quality of, and management practices for, effluent and biosolids produced from the sewage treatment process

????? The adequacy of the pre-treatment process(es) to treat the liquid trade waste to a level acceptable for discharge to the sewerage system, including proposed safeguards if the??? pre-treatment system fails

????? Whether appropriate safeguards are proposed to avoid the discharge of other,??????????????? non-approved wastes to the sewerage system

????? The adequacy of any chemical storage and handling facilities, and the proposed safeguards for preventing the discharge of chemicals to the sewerage system

????? Whether prohibited substances are proposed to be discharged

????? The potential for stormwater entering the sewerage system and adequacy of proposed stormwater controls

????? Waste minimisation and water conservation programs

????? The adequacy of the proposed due diligence program and contingency plan, where required.

2.2 Discharge quality

Council has guideline limits for the acceptance of discharges, as set out in Table 2 on pages 13 to 15. Council may vary the guideline limits for a particular sewage treatment works. Where the guideline limits cannot be met, applicants are required to provide justification for exceeding the limits. Based on the type and the proposed contaminant levels, Council may refuse the application, or may approve it subject to an effluent improvement program, or other conditions being implemented.

2.3 Prohibited substances

Some substances are not suitable for discharge to the sewerage system. Table 3 on page 16 sets out those substances which must not be discharged to the sewerage system. Council may not grant approval for the discharge of these substances to the sewerage system unless it is specifically approved under section 68 of the Local Government Act.

2.4 Stormwater discharges from open areas

Stormwater is a prohibited discharge under this policy. The ingress of stormwater into the sewerage system can cause operational problems to the system and result in sewer overflows, as the sewerage system does not have the capacity for such flows. Therefore, Council does not generally accept the discharge of stormwater to the sewerage system.

However, it is recognised that it may not always be possible or practical to prevent all stormwater entering the sewerage system at some liquid trade waste premises. The discharge of limited quantities of first flush stormwater from sealed areas will be considered where roofing cannot be provided because of safety or other important considerations. The discharge from unsealed areas is not permitted.

Before the stormwater will be considered for discharge to the sewerage system, the applicant must provide the following information:

????? reasons why the area cannot be fully or partially roofed and bunded to exclude stormwater

????? the dimensions and a plan of the open area under consideration

????? whether the open area is sealed

????? the estimated volume of the stormwater discharge

????? information on rain gauging

????? where a first-flush system is proposed, details on how the stormwater will be diverted to the drainage system after the first flush is accepted (the first flush to be limited to first 10 mm of storm run off)

????? measures proposed for diverting stormwater away from the liquid trade waste generating area

????? report on other stormwater management options considered and why they are not feasible.

Note:????? Trade waste charges for the acceptance of stormwater to the sewerage system are indicated in??? ?section 3.7.9 on page 33.

2.5? Food waste disposal units

The use of food waste disposal units (also known as in-sinkerators, in-sink food waste disposers, or garbage grinders) is not permitted. Existing installations in hospitals and nursing homes may be permitted, provided that wastewater is discharged through an adequately sized grease arrestor. For existing premises, a food waste disposal charge will be levied based on the number of beds in the hospital or nursing home (refer to section 3.7.6 on page 30).

If the hospital or nursing home kitchen is refurbished, the food waste disposal unit must be removed.

2.6? Devices that macerate or pulverise waste

Macerators and any other similar devices that are used for pulverising of solid waste are not authorised to connect to Council?s sewerage system (Refer NSW Code of Practice: Plumbing and Drainage, 2006). Solid waste includes, but is not limited to, sanitary napkin, placenta, surgical waste, disposable nappy, mache bedpan and urine containers.

Therefore Council will not accept any discharges from such devices to its sewerage system.

2.7 Use of additives in pre-treatment systems

Council does not allow solvents, enzymes, bioadditives, and odour control agents to be used in????? pre-treatment systems (except neutralising chemicals designated for the pre-treatment) except by specific written application and subsequent approval.


Table 2:??????? Guideline limits for acceptance of liquid trade wastes into sewerage system

Parameter*

Limits#

?????????????????????????????????????????????????? General acceptance guideline limits

Flow Rate

The maximum daily and instantaneous rate of discharge (kL/h or L/s) is set on the available capacity of the sewer. Large dischargers are required to provide a balancing tank to even out the load on the sewage treatment works.

BOD5 and Suspended Solids

Normally, approved at 300 mg/L each. Concentration up to 600mg/L and in some cases higher concentration for low mass loadings may be acceptable if the treatment works has sufficient capacity and odour will not be a problem.

COD

Normally, not to exceed BOD5 by more than three times. This ratio is given as a guide only to prevent the discharge of non-biodegradable waste.

Total Dissolved Solids

Up to 4000 mg/L may be accepted. However, the acceptance limit may be reduced depending on available effluent disposal options and will be subject to a mass load limit.

Temperature

Less than 38?C.

pH

Within the range 7.0 to 9.0.

Oil and Grease

100 mg/L if the volume of the discharge does not exceed 10% of the design capacity of the treatment works, and 50 mg/L if the volume is greater than 10%.

Detergents

All industrial detergents are to be biodegradable. A limit on the concentration of 50 mg/L (as MBAS) may be imposed on large liquid trade wastes.

Colour

No visible colour when the waste is diluted to the equivalent dilution afforded by domestic sewage flow.

Radioactive Substances

The discharge must comply with the Radiation Control Act 1990.

cont ?

* See Glossary for explanation of terms

# Refer to National Wastewater Source Management Guideline, July 2008, WSAA for recommended analytical methods

 


Table 2 (Cont.) ? Guideline limits for acceptance of liquid trade wastes into sewerage system

Parameter

Maximum concentration (mg/L)

 

Acceptance guideline limits for inorganic compounds

Ammonia (as N)

Boron

Bromine

Chlorine

Cyanide

Fluoride

Nitrogen (total Kjeldahl)

Phosphorus (total)

Sulphate (as SO4)

Sulphide (as S)

Sulphite (as SO3)

 

50

5

5

10

1

20

100

20

500

1

15

Acceptance guideline limits for organic compounds

Benzene

0.04

Toluene

0.5

Ethylbenzene

1

Xylene

1

Formaldehyde

30

Phenolic compounds (except pentachlorophenol)

5

Petroleum hydrocarbons (non-flammable)*

30

Pesticides general (except organochlorine and organophosphorus)*

0.1

Polynuclear Aromatic Hydrocarbons (PAHs)

5

cont ?

 

* Refer to Table 3

 

 

 


Table 2 (Cont.) ? Guideline limits for acceptance of liquid trade wastes into sewerage system

Parameter

Maximum concentration (mg/L)

Allowed daily mass limit

(g/d)



Acceptance guideline limits for metals

Aluminium

Arsenic

Cadmium

Chromium*

Cobalt

Copper

Iron

Lead

Manganese

Mercury

Molybdenum

Nickel

Selenium

Silver

Tin

Zinc

100

1

1

3

5

5

100

1

10

0.01

5

3

1

?2#

5

5

-

2

6

15

15

15

-

6

30

0.05

30

15

15

6

15

15

Total heavy metals excluding aluminium, iron and manganese

less than 30 mg/L and subject to
total mass loading requirements

 

*?? Where hexavalent chromium (Cr6+) is present in the process water, pre-treatment will be required to reduce it to the trivalent state (Cr3+), prior to discharge into the sewer. Discharge of hexavalent chromium (Cr6+) from chromate compounds used as corrosion inhibitors in cooling towers is not permitted.

# This limit is applicable to large dischargers. The concentration of silver in photoprocessing waste where a balancing tank is provided is not to exceed 5 mg/L.

 

 


Table 3:??????? Substances prohibited from being discharged into the sewerage system

??????? organochlorine weedicides, fungicides, pesticides, herbicides and substances of a similar nature and/or wastes arising from the preparation of these substances

??????? organophosphorus pesticides and/or waste arising from the preparation of these substances

??????? any substances liable to produce noxious or poisonous vapours in the sewerage system

??????? organic solvents and mineral oil

??????? any flammable or explosive substance

??????? discharges from ?Bulk Fuel Depots?

??????? chromate from cooling towers

??????? natural or synthetic resins, plastic monomers, synthetic adhesives, rubber and plastic emulsions

??????? rain, surface, seepage or subsoil water, unless specifically permitted

??????? solid matter

??????? any substance assessed as not suitable to be discharged into the sewerage system

??????? waste that contains pollutants at concentrations which inhibit the sewage treatment process ? refer National Wastewater Source Management Guideline, July 2008, WSAA

??????? any other substances listed in a relevant regulation.

 

 

 

 

 

 

 

 

 

 


 

Ordinary Council Meeting - 5 November 2009

Revised Liquid Trade Waste Management Policy

Attachment 1

13112/2009 - POLICY - Discharge of Liquid Trade Waste 2009

 

3?????? Part 3 ?? Framework for regulation of liquid trade waste

3.1???? The NSW framework for regulation of sewerage and trade waste

Due to the Tragedy of the Commons[5] in the use of common pool resources, sound regulation of sewerage and trade waste requires implementation of all the following integrated measures.

1.?? Preparation and implementation of a sound trade waste regulation policy, assessment of each trade waste application and determination of appropriate conditions of approval. The conditions must be consistent with the LWU?s Integrated Water Cycle Management Strategy and demand management plan. In addition, execution of a liquid trade waste services agreement is required for large dischargers to assure compliance.

2.?? Preparation and implementation of a sound Development Servicing Plan[6], with commercial sewerage developer charges to ensure new development pays a fair share of the cost of the required infrastructure.

3.?? Full cost recovery with appropriate sewer usage charges[7] and trade waste fees and charges[8] in order to provide the necessary pricing signals to dischargers. These charges must include non-compliance trade waste usage charges and non-compliance excess mass charges in order to provide the necessary incentives for dischargers to consistently comply with their conditions of approval.

4.?? Monitoring, mentoring and coaching of dischargers in order to achieve cleaner production and assist them to comply with their conditions of approval.

5.?? Enforcement, including appropriate use of penalty notices under section 222 of the Protection of the Environment Operations Act 1997. Orders may also be issued and penalties imposed for offences under sections 626, 627 and 628 of the Local Government Act 1993.

6.?? Disconnection of a trade waste service in the event of persistent failure to comply with the LWU?s conditions of approval.

Together, the above six measures comprise the NSW framework for regulation of sewerage and trade waste. The framework involves a preventive risk management approach, which has been developed to address the use of common pool resources by providing economic incentives for dischargers to minimise their waste and to consistently comply with their conditions of approval.

3.2 ??? Alignment with the national framework for wastewater source management

The NSW framework for regulation of sewerage and trade waste is outlined in section 3.1. The NSW framework is driven by the NSW Government?s Best-Practice Management of Water Supply of Sewerage Guidelines, 2007 and is consistent with that in the National Framework for Wastewater Source Management.[9]

In particular, under the Best-Practice Management Guidelines each LWU is required to achieve the following outcomes:

????? Prepare and implement a 30-year Integrated Water Cycle Management Strategy, demand management plan, pay-for-use water supply pricing and community and customer involvement (Elements 1, 6, 8)

????? Annual performance monitoring, including an annual triple bottom line (TBL) Performance Report and Action Plan to identify and address any areas of under-performance
(Elements 5, 6, 9, 10, 11, 12)

????? Achieve full cost recovery for water supply, sewerage and trade waste services and apply an appropriate non-residential sewer usage charge (Elements 3, 8)

????? Prepare and implement a sound trade waste regulation policy and issue an appropriate approval to each trade waste discharger, including waste minimisation and cleaner production (Elements 1, 2, 3, 4, 7, 8)

????? Appropriate trade waste fees and charges (including incentives to comply with LWU?s approval conditions through non-compliance trade waste usage charges and????????????????? non-compliance excess mass charges) (Elements 3, 8)

????? Trade waste services agreement for large dischargers to assure compliance (Elements 3, 8)

????? Appropriate training of LWU staff and monitoring, mentoring and coaching of trade waste dischargers (Elements 1, 4, 5, 7, 8)

????? Enforcement, including appropriate use of penalty notices or orders (Elements 3, 8)

????? Disconnection of a trade waste service in the event of persistent failure to comply with the LWU?s conditions of approval (Element 8).

3.3? Application Procedures

To obtain Council?s approval to discharge liquid trade waste to Council?s sewerage system, a discharger must lodge an application in writing. Application forms are available from Council. If a person wishes to discharge liquid trade waste to the sewerage system but is not the owner of the premises, the person must obtain the owner?s consent to the application.

The applicant must provide the following information:

????? site owner?s full name, address, contact telephone number

????? address of the business/industry where discharge to the sewerage system will occur

????? name of contact person for the premises and telephone contact for the business/industry

????? type of process/activity generating the liquid trade waste

????? normal hours of business operation

????? rate of discharge, including

???? the average per day, maximum per day and per hour, and

???? hours of the day during which discharge will take place

????? characteristics of wastes, including

???? nature of source

???? expected maximum and average concentrations of pollutants

(Where sampling and testing are required to establish the quality of the liquid trade waste, the testing should be carried out in accordance with the procedures set out in the Standard Methods for the Examination of Water and Wastewater published by the American Public Health Association, American Water Works Association and Water Pollution Control Federation.)

????? chemicals to be used ? supply Material Safety Data Sheets

????? details of any proposed pre-treatment facilities, location and site plan. Details should include:

???? pre-treatment process details

???? internal wastewater drainage

????? pump size

????? rising main size, length and profile

???? system operational characteristics

???? operational procedures

???? provisions for sampling and flow measurement, where required

???? proposed connection point to the sewerage system

????? flow diagram and hydraulic profile of proposed liquid trade waste pre-treatment facilities

????? maintenance schedule for pre-treatment equipment, including contractor?s details

????? stormwater drainage plan

????? measures for prevention of stormwater ingress into the sewerage system

????? location, nature and chemical composition of all substances stored/used on site

????? justification for disposing of the waste into the sewerage system over other possible options (if any)

????? methods of disposal for other wastes that are not discharged to the sewerage system

????? any relevant environmental impact assessments

????? any additional information as requested by Council.

The following information needs to be provided in regard to the discharge of septic tank and pan waste to the sewerage system:

????? identification of the pump out service provider

????? proposed method of discharge including plans and drawings if appropriate

????? details of any proposed facilities for a disposal point, location and site plan (if applicable). Details should include the proposed connection point to the sewerage system

????? security arrangements at the proposed disposal site (if applicable)

????? the provision of freshwater for hosing down where needed

????? bunding and measures to prevent the ingress of stormwater at the proposed dump point, if applicable

????? the use of odour inhibiting or other chemicals, if any, and their dosage rates

????? statement that septic effluent will not be mixed with septage or grease trap pump out, ie. dedicated tankers will be used for each type of waste

????? for boat/marina facility ? the type and number of vessels either moored at the marina and/or would utilise the pump-out facility on a regular basis:

???? private

???? commercial.

 

Council may, under section 86 of the Local Government Act, request an applicant to provide more information to enable it to determine the application.

3.4? Approval of applications

Where an application is approved, Council will notify the applicant as soon as practical of the approval and any conditions of the approval. The duration of the approval will be as stated in the approval. In cases where Council requires a discharger to enter into a liquid trade waste services agreement (refer to section 3.9 on page 35), Council will issue a deferred commencement approval under section 95 of the Local Government Act requesting the discharger to do so within the time specified in Council?s letter. In such cases, the approval will not be operative until the agreement has been executed by the discharger.

An applicant may make a minor amendment or withdraw an application before it is approved by Council. An applicant may also apply to Council to renew or extend an approval, in accordance with section 107 of the Local Government Act.

If an application is refused, Council will notify the applicant of the grounds for refusal.

An approval to discharge liquid trade waste to Council?s sewer is not transferable. A new application must be lodged and a new approval obtained if there is a change of the approval holder or the activity. Council must be notified of change of ownership and/or occupier in all cases, whether a new approval is required or not, to allow updating of records.

 

3.5? Concurrence of the Department of Environment Climate Change and Water

If Council supports an application and has a notice stating that concurrence of the Director-General, Department of Environment Climate Change and Water (DWE), can be assumed for the waste relevant to the application, Council will approve the application. Otherwise, Council will seek concurrence from DWE in accordance with the requirements of section 90(1) of the Local Government Act.

Liquid trade waste discharges are divided into four (4) classifications for the purpose of the concurrence process:

????? Concurrence Classification A ? liquid trade waste dischargers for which Council has been authorised to assume concurrence to the approval subject to certain requirements

????? Concurrence Classification B ? liquid trade waste dischargers whereby Council may apply to the Director-General, DWE for authorisation to assume concurrence to the approval subject to certain requirements

????? Concurrence Classification S ? the acceptance of septic tank, pan waste and ship-to-shore pump-out. Council may apply to the Director-General, DWE for authorisation to assume concurrence to the approval subject to certain conditions

????? Concurrence Classification C ? all other liquid trade waste dischargers that do not fall within Concurrence Classification A, B or S, and therefore require Council to apply to DWE for concurrence.

All councils have been authorised to assume concurrence for Concurrence Classification A liquid trade waste discharges. These are listed in Table 4 and Council will not need to seek DWE concurrence for approval of trade waste applications for these activities.

 

 

 


Table 4:??????? Liquid trade waste discharges with automatic assumed concurrence

Commercial retail food preparation activities

Other commercial activities

Bakery (retail)

Animal wash (pound, stables, racecourse, kennels, mobile animal wash and veterinary with no X-ray

Bed and Breakfast (<10 persons)

Beautician

Bistro

Boiler blowdown

Boarding house/hostel kitchen

Car detailing

Butcher shop (retail)

Cooling tower

Caf?/coffee shop/coffee lounge

Craft activities (making of clay pottery, ceramics, cutting and polishing of gemstones or making of jewellery at clubs, cottage industries)

Canteen

Dental surgery/dental specialist

Cafeteria

Dental technician

Chicken/poultry shop (only fresh chickens/game sold)

Doctor?s surgery, medical centre - plaster casts (no?? X-rays)

Chicken/poultry shop (retail BBQ/charcoal chicken)

Florist

Club (kitchen wastes)

Funeral parlour, morgue

Commercial kitchen/caterer

Hairdressing (includes barbers)

Community hall/civic centre

Jewellery shop

Day care centre

Laboratory (pathology/analytical

Delicatessen

Laundry or laundromat (coin operated)

Doughnut shop

Lawnmower repairs

Fast food outlet (McDonalds, KFC, Burger King, Pizza Hut, Red Rooster, etc.)

Mechanical repairs/workshop

Fish shop (retail ? fresh and/or cooked)

Mobile cleaning units

Food caravan

Optical service

Fruit and vegetable shop (retail)

Pet shop (retail)

Function centre

Photographic tray work/manual development

Hotel

Plants retail (no nursery)

Updated December 2005

 
Ice cream parlour

School (Primary and Secondary)

Juice bar

Stone working

Mixed business

Swimming pool/spa/hydrotherapy

Motel

Vehicle washing (by hand/wand, automatic car wash, external truck wash or underbody/engine degrease only)

Nightclub

Venetian blind cleaning

Nursing home kitchen

Veterinary /animal kennels with X-ray

Nut shop

Waterless minilab

Patisserie

 

Pie shop

 

Pizza shop

 

Restaurant

 

Salad bar

 

Sandwich shop

 

School canteen

 

Supermarket (with butcher/delicatessen/ seafood/or charcoal chickens)

 

Take-away food outlet

 

 

Notes:

The volume of liquid trade waste must be less than 5 kL/d or 1000 kL/a except in the case of commercial retail food preparation activities, where up to 16 kL/d is included in this category. If the waste discharged to the sewer exceeds these volumes, the application must be treated as Concurrence Classification. Discharges over 20 kL/d must be treated as Classification C.


3.6 Liquid trade waste charging categories

Four (4) classifications of liquid trade waste have been established for concurrence purposes, Classification A, B, C and S (refer section 3.5 on page 21). For trade waste charging purposes there are also four (4) charging categories, Category 1, 2, 2S and 3 (pages 25 and 26).

Figure 1 below shows that Classification A dischargers fall into Charging Category 1 or Category 2. Classification B dischargers fall into Charging Category 2, except for a few dischargers with low impact on the sewerage system which fall into Category 1. Classification S dischargers fall into Charging Category 2S. Classification C dischargers fall into Charging Category 3.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Figure 1:?????? Charging categories for trade waste

* Also includes fish shop (fresh fish for retail)

# Except shopping complexes and institutions (hospital, educational facilities, etc.). These will be charged as Category 2 in accordance with activities carried out on the premises.

Category 1 Discharger

Category 1 liquid trade waste dischargers are those conducting an activity deemed by Council as requiring nil or only minimal pre-treatment equipment and whose effluent is well defined and of a relatively low risk to the sewerage system. In addition, Category 1 includes dischargers requiring prescribed pre-treatment but with low impact on the sewerage system.

Classification A activities ? Commercial retail food preparation activities that do not generate an oily/greasy waste: bakery (only bread baked on-site), bistro (sandwiches, coffee only), caf?/coffee shop/coffee lounge, canteen, community hall (minimal food), day care centre, delicatessen, fruit and vegetable shop, hotel, ice cream parlour (take away only), juice bar, mixed business, motel, nightclub, nut shop, pizza cooking/reheating (no preparation or washing up on-site, pizza heated and sold for consumption off-site), potato peeling (small operation), sandwich shop/salad bar, take away food outlet.

Classification A activities ? Other commercial activities: animal wash, beautician/hairdressing, crafts < 1000 L/d, dental surgery (plaster casts, no X-ray unless digital), doctor?s surgery and medical centre (plaster casts, no X-ray), florist, funeral parlour, mobile cleaning units, morgue, jewellery shop, optical service (retail), pet shop, plants retail (no nursery), public swimming pool, photographic (tray work/manual development), venetian blind cleaning, veterinary (no X-ray).

Classification A or B activities ? dischargers with prescribed pre-treatment with low impact on the sewerage system: boiler blowdown, cooling tower, industrial boilers, laboratory (analytical/pathology/tertiary institution), laundry, primary and secondary school[10], vehicle washing.

Category 2 Discharger

Category 2 liquid trade waste dischargers are those conducting an activity deemed by Council as requiring a prescribed type of liquid trade waste pre-treatment equipment and whose effluent is well characterised.

Trade Waste dischargers with prescribed pre-treatment[11] include:

Classification A activities: Premises that prepare and/or serve hot food or foods that generate an oily/greasy waste: bakery (pies, sausage rolls, quiches, cakes, pastries with creams or custards), bistro, boarding house/hostel kitchen, butcher, caf?/coffee shop/coffee lounge, cafeteria, canteen, fast food outlet, chicken/poultry shop, club, community hall[12], commercial kitchen/caterer, nursing home, patisserie, supermarket, doughnut shop, fish shop (cooking on-site), function centre, hotel, ice cream parlour, motel, nightclub, pizza cooking, restaurant, sandwich shop/salad bar, take away food outlet.

Other commercial Classification A activities: car detailing, craft activities > 1000 L/d, dental surgery with X-ray, lawnmower repairs, mechanical workshop, stone working, veterinary (with X-ray), waterless mini-lab.

Classification B activities: auto dismantler, bus/coach depot, construction equipment maintenance and cleaning, equipment hire, maintenance and cleaning, glass cutting and grinding, graphic arts, hospital (with or without X-ray), medical centre (with X-ray), optical services (at medical or educational facilities, workshops), oyster processing ? shucking, panel beating, photographic lab, radiator repairer, screen printing, service station forecourt, shopping complex, water wash mini‑lab, X-ray radiologist.

Other Classification A activities: fish shop (fresh fish for retail).

 

Category 2S Discharger

Category 2S dischargers are those conducting an activity of transporting and/or discharging septic tank or pan content waste into the sewerage system.

Trade waste dischargers include the following Classification S activities:

Classification S activities: bus/rail coaches/caravan/motor home/caravan park waste dump points, mooring/marina dump points, pan waste, portable chemical toilet waste, septage, septic tank effluent, ship-to-shore pump-outs (galley waste and toilet waste).

Category 3 Discharger (large or industrial waste dischargers)

Category 3 liquid trade waste dischargers are those conducting an activity which is of an industrial nature and/or which results in the discharge of large volumes (over 20 kL/d) of liquid trade waste to the sewerage system. Any Category 1 or 2 discharger whose volume exceeds 20 kL/d becomes a Category 3 discharger, except shopping complexes and institutions (eg. hospitals, educational facilities, correctional facilities, etc.)

Large trade waste dischargers and other Classification C activities include: abattoir, bakery (wholesale), brewery, cooling towers, cosmetics/perfumes manufacture, dairy processing (milk/cheese/yoghurt/ice cream etc.), food processing (cereals/cannery/condiments/ confectionary/edible oils/fats/essence/ flavours/fish/fruit juice/gelatine/honey/meat/pickles/ smallgoods/tea and coffee/vinegar/yeast manufacture etc.), fruit and vegetable processing, flour milling, glue manufacturer, egg processing, pet food processing, plants nursery (open areas), potato processing, poultry processing, saleyards, seafood processing, soft drink/cordial manufacture, starch manufacture, sugar refinery, tanker washing, tip leachate, transport depot/ terminal, water treatment backwash, wholesale meat processing, winery, wine/spirit bottling.

Dischargers of industrial waste include the following Classification C activities: acid pickling, adhesive/latex manufacture, agricultural and veterinary drugs, anodising, bitumen and tar, bottle washing, cardboard and carton manufacture, carpet manufacture, caustic degreasing, chemicals manufacture and repackaging, contaminated site treatment, cyanide hardening, detergent/soaps manufacture, drum washing, electroplating, engine gearbox reconditioning, extrusion and moulding (plastic/metal), feather washing, fellmonger, felt manufacture, fertilisers manufacture, fibreglass manufacture, filter cleaning, foundry, galvanising, glass manufacture, ink manufacture, laboratories (excluding those in Category 2), liquid wastewater treatment facility (grease trap receival depot and other pump-out waste depot), metal finishing, metal processing (refining/rumbling/ non‑cyanide heat treatment/phosphating/ photo engraving/printed circuit etching/sheet metal fabrication etc.), mirrors manufacture, oil recycling (petrochemical) and refinery, paint stripping, paint manufacture, paper manufacture, pharmaceuticals manufacture, plaster manufacture, powder coating, printing (newspaper, lithographic), sandblasting, slipway, tannery, timber processing (joinery and furniture/plywood/hardwood), textile manufacture (wool dyeing/ spinning/scouring), truck washing (internal), waxes and polishes.

Phasing-in of charges

As indicated on page 24 of the Best-Practice Management of Water Supply and Sewerage Guidelines, 2007, the non-residential sewerage bills for customers facing a large increase as a result of implementing best-practice pricing are to be phased in over a period of five (5) years. Large increases in trade waste fees and charges may be phased in over a period of up to three (3) years.


3.7 Liquid trade waste fees and charges

Council provides sewerage and liquid trade waste services on a commercial basis, with full cost recovery through sewerage and liquid trade waste fees and charges. Council?s proposed fees and charges are advertised annually for public comment in its draft Management Plan. In addition to the trade waste fees and charges described below, Council may elect to include any trade waste charges shown in Appendix I of the Liquid Trade Waste Regulation Guidelines, 2009.

Liquid trade waste discharged to the sewerage system from industrial, commercial or other??????????? non-residential customers can impose significant costs on sewage transport and treatment facilities. To recover these costs and to ensure removal of existing significant cross-subsidies from residential customers, in addition to a two-part tariff with an appropriate sewer usage charge/kL for???????????????? non-residential sewerage, appropriate fees and charges are levied for liquid trade waste.

Council?s liquid trade waste fees and charges may include:

????? Application fee

????? Annual trade waste fee

????? Re-inspection fee

????? Trade waste usage charge

????? Septic tank and pan waste disposal charge

????? Excess mass charges

????? Food waste disposal charge

????? Non-compliance trade waste usage charge

????? Non-compliance excess mass charge and pH charge

????? Non-compliance penalty.

3.7.1 Application fee

The application fee recovers the cost of administration and technical services provided by Council in processing applications for approval to discharge liquid trade waste to the sewerage system. The application fee will be allocated on the basis of the category into which the discharger is classified and reflects the complexity of processing the application. Application fees will be set annually by Council.

 


3.7.2 Annual trade waste fee

The purpose of this fee is to recover the cost incurred by Council for administration and the scheduled inspections each year to ensure a liquid trade waste discharger?s ongoing compliance with the conditions of their approval.

As part of an inspection, Council or its agents may undertake monitoring of the liquid trade waste discharges from premises or business. Such monitoring may include but is not limited to, flow measurement and the sampling of the liquid trade waste. Where more than one (1) instance+ of such monitoring is undertaken by Council, or its agents, in a financial year, the cost involved may be recovered from the discharger.

Annual liquid trade waste fees are determined on the basis of the category of the discharger and are proportionate to the complexity of their inspection and administration requirements. Annual trade waste fees will be set by Council. Where the discharger is required to pay for monitoring this will be charged on the basis of full cost recovery#.

3.7.3 Re-inspection fee

Where non-compliance with the conditions of an approval has been detected and the discharger is required to address these issues, Council will undertake re-inspections to confirm that remedial action has been satisfactorily implemented. Council will impose a fee for each re-inspection. The???????????????? re-inspection fee will be set annually by Council on the basis of full cost recovery. A re-inspection may include the monitoring of liquid trade waste discharges, the cost of which may be recovered from the discharger.

3.7.4 Trade waste usage charge

The trade waste usage charge is imposed to recover the additional cost of transporting and treating liquid trade waste from Category 2 dischargers.

Trade Waste Usage Charge ($) = Q x $1.48*/kL (2009/10$)

Where Q = Volume (kL) of liquid trade waste discharged to sewer.

 


3.7.5 Excess mass charges

Excess mass charges will apply for substances discharged in excess of the deemed concentrations in domestic sewage shown in Table 5 below. For excess mass charge calculation, equation (1) below will be applied.

Table 5:??????? Deemed concentration of substances in domestic sewage

Substance

Concentration (mg/L)

Biochemical Oxygen Demand (BOD5)

300

Suspended Solids

300

Total Oil and Grease

50

Ammonia (as Nitrogen)

35

Total Kjeldahl Nitrogen

50

Total Phosphorus

10

Total Dissolved Solids

1000

Sulphate (SO4)

50#

 

# The concentration in the potable water supply to be used if it is higher than 50mg/L.

NB. Substances not listed above are deemed not to be present in domestic sewage.

 

Liquid Trade Waste Excess Mass Charge ($) =? ????????????????? ??(1)

Where: S = Concentration (mg/L) of substance in sample.

D = Concentration (mg/L) of substance deemed to be present in domestic sewage.

Q = Volume (kL) of liquid trade waste discharged to the sewerage system.

U = Charging rate ($/kg) for discharge of substance to the sewerage system.

Charging rates (U) used in equation (1) are as shown in Council?s Annual Management Plan.

With regard to BOD, equation (1) applies for BOD5 up to 600 mg/L.

Excess mass charges for BOD exceeding 600mg/L

If Council approves the acceptance limits for BOD higher than 600mg/L, an exponential type equation will be used for calculation of the charging rate Ue ($/kg) as shown in equation (2). Equation (2) provides a strong incentive for dischargers to reduce the strength of waste. In addition, equation (5) on?????? page 32 will be used where the discharger has failed to meet their approved BOD limit on two (2) or more instances in a financial year.

 

Ue is the excess mass charging rate for BOD ($/kg).

Ue? =? ???????????????????? (2)

Where C = the charging rate ($/kg) for BOD5 600mg/L.

Actual BOD ? the concentration of BOD5 as measured in a sample

For example if C = $0.623/kg, equation (2) would result in the following excess mass charging rates:

$0.623/kg for BOD5 600mg/L

$1.96/kg for BOD5 1200mg/L

$5.05/kg for BOD5 2400mg/L

The excess mass charge for BOD is calculated using equation (1):

Excess Mass Charge for BOD ($) =? ???

3.7.6 Food waste disposal charge[13]

Where Council has permitted the use of a food waste disposal unit for an existing hospital, nursing home or other eligible facility, the following additional food waste disposal charge will be payable annually.

Food Waste Disposal Charge ($) = B x UF

Where B???? =?? Number of beds in hospital or nursing home.

UF?? =?? Annual charging rate ($/bed) for a food waste disposal unit at a hospital or nursing home.

Note: The recommended annual charging rate is $23/bed (2007/08$).

 

 


3.7.7 Non-compliance charges

Category 1 and 2 Dischargers

If the discharger has not installed or maintained appropriate pre-treatment equipment, the following trade waste usage charges will be applied for the relevant billing period:

Category 1 Discharger - $? 1.48*/kL (2009/10$)

Category 2 Discharger - $13.64*/kL (2009/10$)

Category 3 Discharger

Non-compliance pH charge

Equation (3) is used for waste with pH being outside the approved range. This equation provides an incentive for dischargers to apply appropriate pH correction so their waste remains within the approved pH limits. Council may require industrial and large dischargers to install and permanently maintain a pH chart recorder or data logger as control of pH is critical to minimising odour and corrosion problems in the sewerage system.

Charging rate for pH where it is outside the approved range for the discharger =

K x (actual pH ? approved pH)# x 2 (actual pH ? approved pH)#? ??????????????????????????????? (3)

# absolute value to be used.

K = pH coefficient = 0.346 (2007/08$) and needs to be adjusted in accordance with changes in the CPI.

Example: Council has approved the pH range 8.0 to 9.0 for a large discharger generating high strength trade waste in order to prevent corrosion and odour problems in the sewerage system.

Case 1: pH measured 7.0

Charging rate ($/kL) = 0.346 x [7 ? 8] x 2 [7 - 8] = $0.69/kL

Case 2: pH measured 11.0

Charging rate ($/kL) = 0.346 x [11-9] x 2 [11-9] = $2.77/kL

Non-compliance excess mass charges

Where a discharge quality fails to comply with the approved concentration limits of substances specified in Council?s approval conditions (or the acceptance criterion listed in Council?s trade waste policy), Council incurs additional costs in accepting and treating that waste. Council may also face problems with the effluent and biosolids management.

 


In order to recover Council?s costs, equation (4) shall apply for non-compliance excess mass charges, except for BOD where equation (5) shall apply.

Non-compliance Excess Mass Charges ($) =? ?????????????(4)

Where:

S =? Concentration (mg/L) of substance in sample.

A =? Approved maximum concentration (mg/L) of pollutant as specified in Council?s approval (or liquid trade waste policy).

Q =? Volume (kL) of liquid trade waste discharged for the period of non-compliance.

U =? Excess mass charging rate ($/kg) for discharge of pollutant to sewerage system, as shown in Council?s Annual Management Plan.

D =? Concentration (mg/L) of substance deemed to be present in domestic sewage.

Non-compliance excess mass charges for BOD

If a discharger has failed to meet the approved maximum concentration of BOD on two or more instances in a financial year, the non-compliance excess mass charging rate for BOD Un will be levied on the basis of equation (5):

Un is the BOD non-compliance excess mass charging rate.

Un = ???????????(5)

For example, if C = $0.623/kg, BOD5 actual (measured) level is 2400mg/L and the approved maximum concentration of BOD (A) is 1000mg/L, equation (5) would result in a non-compliance excess mass charging rate of $8.02/kg.

Non-compliance Excess Mass Charge for BOD is calculated using equation (1):

Non-compliance Excess Mass Charge ($) =? ?

The non-compliance excess mass charges shown above are in lieu of the excess mass charges in section 3.7.5.

NB. Council will continue applying the above non-compliance excess mass charge until the quality of discharge complies with Council?s approved quality (or the trade waste policy) limits, within the time frame determined by Council for remedying the problem. If the discharger fails to rectify the problem within this time frame, the discharger may be required to cease discharging liquid trade waste into Council?s sewerage system and may also be required to pay a ?non-compliance penalty? as indicated in the following section.


3.7.8 Non-compliance penalty

The non-compliance penalty covers instances where Council may seek compensation for its costs relating to legal action, damage to infrastructure, incurred fines and other matters resulting from illegal, prohibited or unapproved liquid trade waste discharged to the sewerage system. Also included are fines under:

????? Protection of the Environment Operations Act 1997, section 120(1) (Pollution of any waters by a discharger who fails to comply with the conditions of approval for discharge of liquid trade waste to sewer)

????? Local Government Act, 1993, section 627 (Failure to comply with an approval), section 628 (Failure to comply with an order). Non-compliance penalties will be pursued by legal action.

3.7.9 Discharge of stormwater to the sewerage system

The discharge of stormwater, surface and subsoil waters to the sewerage system is prohibited under this policy. As indicated in section 2.4, the acceptance of first flush stormwater runoff may be permitted. A charge of $12.68/kL (2007/08$) will be applied to Category 3 dischargers in accordance with the non-compliance trade waste usage charge, if approval is granted to accept the above waters. Excess mass charges will be also applied in accordance with section 3.7.5.

3.7.10??????? Septic and pan waste disposal charge

This charge is imposed to recover the cost of accepting and treating septic tank and pan waste.

Septic tank and pan waste disposal charge ($) = Q x S

Where:??? Q? =?? Volume (kL) of waste discharged to sewer.

S?? =?? Charging rate in $/kL for septic tank effluent, septage or chemical toilet waste as indicated in Council?s Annual Management Plan.*

3.7.11??????? Responsibility for payment of fees and charges

Property (land) owners are responsible for the payment of fees and charges for water supply, sewerage and liquid trade services provided by Council. This includes property owners of marina, caravan park, etc., if a dump point located at their premises is connected to the sewerage system. Where another party (lessee) leases premises any reimbursement of the lessor (property owner) for such fees and charges is a matter for the lessor and the lessee.

Council will charge a septic tank and pan waste disposal charge for services it provides to transporters of septic tank and pan waste tankered and discharged to the sewerage system.

 


Table 6:??????? Summary of trade waste fees and charges[14]

CHARGING CATEGORY

APPLICATION FEE

ANNUAL NON-RESIDENTIAL SEWERAGE BILL WITH APPROPRIATE SEWER USAGE CHARGE/kL

ANNUAL TRADE

WASTE FEE

RE-INSPECTION FEE (when required)

TRADE WASTE

USAGE CHARGE/kL

SEPTIC WASTE

DISPOSAL CHARGE

EXCESS MASS CHARGES/kg

NON-COMPLIANCE TRADE WASTE

USAGE CHARGE/kL

NON-COMPLIANCE EXCESS MASS/kg and pH CHARGES/kL

(if required)

NON-COMPLIANCE PENALTY

(if required)

1

Yes[15]

Yes

Yes

Yes

No

No

No

Yes[16]

No

Yes

2

Yes

Yes

Yes

Yes

Yes

No

No

Yes16

No

Yes

2S

Yes

Yes[17]

Yes

Yes

No

Yes

No

No

No

Yes

3

Yes

Yes

Yes

Yes

No

No

Yes

No

Yes

Yes

All dischargers of liquid trade waste to Council?s sewerage system should be aware that they are subject to prosecution and imposition of fines under the Local Government Act 1993 and the Protection of the Environment (Operations) Act 1997 and Regulations. In addition to fines, Council may recover costs of damages and fines incurred by Council as a result of an illegal liquid trade waste discharge.

3.8? Monitoring

Council will carry out inspections of the premises of all liquid trade waste dischargers and their treatment facilities at least once per annum. Inspections of commercial premises preparing hot food may be carried out at least four (4) times per annum (refer to page 28 in section 3.7.2). Monitoring of the large and industrial dischargers is to be carried out as specified in the approval conditions.

The applicant may be required to monitor the liquid trade waste discharge as a condition of an approval or agreement. They may also be required to pay for any sampling and testing of liquid trade waste undertaken by Council.

For this purpose, an inspection/sampling point, where the waste can be inspected and sampled, will be specified in the approval and/or agreement. This point will normally be located after the??????????? ??pre-treatment facility. The discharger may need to install a suitable method of flow measurement.

 

 

 

Council may require the discharger to:

????? install a permanent primary measurement device

????? measure the volume and flow rate using the permanently installed flow measurement system (such as a flow metering system)

????? install a flow measurement device on a temporary basis and obtain enough data to determine a basis for assessing the flow rate and volume

????? provide a system which allows obtaining a flow weighted composite sample.

Testing of samples is to be undertaken by a NATA-registered or other laboratory recognised by DWE to ensure reliable and accurate results. Where the discharger is sampling the effluent, Council may randomly take duplicates to confirm the waste characteristics.

3.9? Liquid trade waste services agreement

In addition to its approval under the Local Government Act, Council may require certain dischargers, including those who wish to discharge liquid trade waste in large volumes (discharge >20 kL/d) or industrial waste (Concurrence Classification C discharges) or Classification S into its sewerage system to execute a liquid trade waste services agreement (refer to Attachment 1). The agreement will set out the conditions associated with the discharge and execution of the agreement will be a condition of the approval issued by Council (refer to section 3.4 on page 20). The conditions will be binding on the applicant and the Council. The agreement will be for a period of up to five (5) years. No discharge is to be made to Council?s sewerage system until an agreement or an interim agreement has been executed.

Provision can be made in the agreement for (in addition to Council?s approval conditions):

????? additional conditions for discharge of liquid trade waste

????? cancellation of the agreement and/or order to cease the discharge if the discharger is found to be in breach of the agreement or the liquid trade waste approval or, in the opinion of Council, the waste is adversely affecting the sewerage system or the environment

????? entry by Council officers to inspect the liquid trade waste collection, treatment, monitoring and disposal systems

????? the applicant to notify Council in advance of any changes that may affect the quality and quantity of the liquid trade waste

????? the amount of bond/security to be lodged with Council prior to discharging to the sewerage system.

 

 

 

 

 

 


3.10 Enforcement of approvals and agreements

(see the attached sample agreement at Attachment 1 on page 39)

Any person who fails to obtain Council?s approval to discharge liquid trade waste into the sewerage system, or fails to comply with the conditions of the approval, may be liable to a penalty as provided under the Local Government Act 1993 (sections 626 to 628 and 634 to 639).

Polluting of any waters by a discharger of liquid trade waste who does not have a Council approval or who fails to comply with the conditions of the approval is an offence under section 120 (1) of the Protection of the Environment Operations Act 1997. In addition, under section 222 of this Act, Council may issue a penalty notice (ie. an on-the-spot fine) to such a discharger.

Any person who fails to comply with the terms or conditions of a liquid trade waste services agreement (ie. there is a breach of the agreement) will be required to indemnify the Council against any resulting claims, losses or expenses in accordance with section 9 of the agreement. Suspensions may also apply and may include a notice to cease the discharge.

3.11????? Modification and revocation of approvals

Council reserves the right to modify or revoke an approval to discharge liquid trade waste to the sewerage system in any of the following circumstances:

????? if the approval was obtained by fraud, misrepresentation or concealment of facts

????? for any cause arising after the granting of the approval which, had it arisen before the approval was granted, would have caused the council not to have granted the approval

????? for failure to comply with a requirement made by or under the Local Government Act 1993 relating to a condition of the approval

????? for failure to comply with a condition of the approval.

3.12????? Prevention of waste of water

Water must be used efficiently and must be recycled where practicable. It is an offence under section 637 of the Local Government Act 1993 and its Regulation (refer to Attachment 2) to waste or misuse water.

Dilution of trade waste with water from any non-process source including Council?s water supply, bore water, groundwater and/or stormwater as a means of reducing pollutant concentration is therefore strictly prohibited.

3.13????? Effluent improvement plans

Where the existing liquid trade waste discharged does not meet Council?s requirements, the applicant may be required to submit an Effluent Improvement Plan setting out how Council?s requirements will be met. The proposed plan must detail the methods/actions proposed to achieve the discharge limits and a timetable for implementation of the proposed actions. Such actions may include more intensive monitoring, improvements to work practices and/or pre-treatment facilities to improve the effluent quality and reliability.

3.14????? Due diligence programs and contingency plans

For Concurrence Classification A, a discharger is not required to submit either a due diligence program or a contingency plan.

A discharger may be required to submit a due diligence program and a contingency plan for Concurrence Classification B or Classification S where it is considered that the discharge may pose a potential threat to the sewerage system. If required, a due diligence program and contingency plan must be submitted to Council within six (6) months and three (3) months respectively of receiving a liquid trade waste approval.

For Concurrence Classification C, a discharger may need to provide a due diligence program and contingency plan to Council within six (6) months and three (3) months respectively of receiving a liquid trade waste approval.

It should be noted that:

1.?? If the discharger has an accredited environmental management system in place, a due diligence program and contingency plan may not be required. However, proof of accreditation must be provided to Council with the application. The EMP may not include all necessary provisions in regard to trade waste. In such cases Council may require that a suitable due diligence program and contingency plan be developed and submitted to Council.

2.?? Where Council considers there is potential risk to the sewerage system from a discharge, it may request a due diligence program and contingency plan to be submitted prior to commencing the discharge.

 

 

 

 

 

 

 

 

 

 

 

 

 

 


 

Ordinary Council Meeting - 5 November 2009

Revised Liquid Trade Waste Management Policy

Attachment 1

13112/2009 - POLICY - Discharge of Liquid Trade Waste 2009

 

Attachment 1

Sample Liquid Trade Waste Services Agreement

between [Council] and [Applicant]

 

 

 


Liquid Trade Waste Services Agreement

Between

1. ????? The Council

and

2.?????? The Applicant

Recitals

A.??? The Council is the owner and operator of a sewerage system within the ___________ area.

B.??? The Applicant has made application to the Council to discharge liquid trade waste from the Premises into the Council?s sewerage system.

C.??? The application has been approved by the Council on certain conditions (?the Approval?), including the condition that the Council and the Applicant enter into this Agreement.

D.??? The Director-General of the Department of Environment Climate Change and Water has concurred in the Approval in accordance with clause 28 of the Local Government (General) Regulation 2005.

E.??? The Approval does not operate until this Agreement has been executed by both parties.

F.??? The parties enter this Agreement in consideration of the mutual promises contained herein.

Operative Part

1. Definitions and interpretation

1.1 In this Agreement, unless the context otherwise requires:

?Act? means the Local Government Act 1993 (NSW).

?Annexure? means the annexure to this Agreement.

?Annual Management Plan? means the annual management plan of the Council, as adopted by the Council from time to time.

?Applicant? means the entity named as such in the Annexure.

?Approval? means the approval described in Recital C.

?Council? means the council named as such in the Annexure.

??Liquid Trade Waste Services? mean the making available by the Council of its sewerage system for connection to the Premises, for the purpose of discharge by the Applicant of its liquid trade waste.

?Premises? means the premises described in the Annexure.


1.2 Unless the context otherwise requires:

(a)?? A reference to this Agreement is a reference to this Agreement, including the Annexure, as amended from time to time in accordance with its terms

(b)?? A reference to the discharge of liquid trade waste means the discharge of liquid trade waste by the Applicant from the Premises to the Council?s sewerage system

(c)?? A reference to any legislation is a reference to such legislation as amended from time to time

(d)?? Where the Applicant is comprised of more than one person, each obligation of the Applicant will bind those persons jointly and severally and will be enforceable against them jointly and severally.

2. Liquid Trade Waste Services

The Council will provide the Liquid Trade Waste Services to the Applicant on the terms of this Agreement.

3. Additional conditions for discharge of liquid trade waste

3.1???? The Applicant may discharge liquid trade waste to the Council?s sewerage system in accordance with the Approval and subject to this Agreement.

3.2???? The Applicant must comply with all applicable Acts, regulations, by laws, proclamations and orders and with any lawful direction or order given by or for the Council or any other competent authority.

3.3???? The Applicant must not discharge liquid trade waste contrary to this Agreement or the Approval or in any manner which may have an adverse effect on any person or property (including the sewerage system and the ecological system in the waters, land or area receiving sewage treatment works effluent or biosolids), or which may cause the Council to be in breach of any applicable Act, regulation, by law, proclamation or order or of any lawful direction given by or for any competent authority.

3.4???? The Applicant must at its own cost monitor its discharges in accordance with the requirements set out in the Approval and must maintain records of such monitoring for inspection by the Council for such period as may be specified in the Approval.

3.5???? The Council will carry out routine sampling and testing of the waste stream.

3.6???? Where any flow-metering device is installed, the Applicant must at its own cost cause the device to be calibrated at least annually by a person or company approved by the Council. The Applicant must obtain a calibration certificate and provide a copy of the certificate to the Council within one month of receiving it.

3.7???? If the Applicant is required to cease discharging liquid trade waste for any period, then the Applicant must cease discharging such waste for the period specified.

3.8????
Where the Applicant ceases to discharge waste in the circumstances prescribed in clause 3.7, the Council may, at its discretion, elect to refund part of the annual trade waste fee on a pro rata basis, calculated according to the period of suspension.

3.9???? If this Agreement is terminated, the Applicant must immediately cease to discharge liquid trade waste.

4. Fees and charges

4.1???? In accordance with the section 560 of the Local Government Act 1993, Council will levy all water supply, sewerage and liquid trade waste fees and charges on the owner of the property.

4.2???? In consideration of provision of the Liquid Trade Waste Services, the fees and charges as specified in the Council?s Annual Management Plan and notified by Council to the owner and the Applicant must be paid to the Council, including fees for sampling and testing by Council in accordance with the Approval.

4.3???? Fees and charges payable will include both non-residential sewerage charges and liquid trade waste fees and charges.

4.4???? All monies payable to the Council must be paid within the time specified in the notice of charge.

5.Term

5.1???? This Agreement will commence from the date it is signed on behalf of the Council, and will continue until the Applicant?s Approval is revoked or the Applicant permanently ceases to discharge liquid trade waste pursuant to the Approval, whichever is the earlier. Upon such revocation or permanent cessation of the approved activity this Agreement shall automatically terminate by operation of this clause.

5.2???? Termination of this Agreement is without prejudice to any accrued rights or obligations of either Party.

6. Powers of the Council

6.1???? The Council may enter the Premises at a reasonable hour in the daytime or at any hour during which business is in progress or is usually carried on at the Premises for the purpose of conducting any inspection, examination, testing, monitoring or sampling to determine whether the Applicant is complying with the conditions of this Agreement.

6.2???? The Applicant acknowledges that the Council has statutory powers available to it under the Local Government Act 1993 and other Acts to issue orders and directions to the Applicant in relation to the discharge of liquid trade waste. The Applicant undertakes to comply with each such order or direction that may be notified by the Council to the Applicant within the time specified for compliance in that order or direction.

6.3???? The Applicant releases the Council from any liability to the Applicant for any loss or damage due to the disruption of the Applicant?s business arising out of the exercise of Council?s rights pursuant to this clause.

7. Information supplied by the Applicant

7.1???? The Applicant warrants that all information in its application for approval is true, complete and accurate to the best of its knowledge.

7.2???? The Applicant must immediately notify the Council in writing of any error or omission in that information or any change to the information of which the Applicant becomes aware.

7.3???? The Applicant must not provide any false or misleading information to the Council.

8. Indemnity

8.1???? The Applicant indemnifies the Council from and against any claims, losses or expense (including legal costs on a solicitor and client basis) which the Council pays, suffers, incurs or is liable for as a result of:

(a)????? any unlawful, negligent, reckless or deliberately wrongful act or omission of the Applicant or its personnel or agents in connection with the discharge of liquid trade waste, including (without limitation) such acts or omissions which cause damage to property, personal injury or death

(b)????? a breach of this Agreement by the Applicant.

8.2???? The Applicant?s liability to indemnify the Council shall be reduced proportionally to the extent that any unlawful, negligent, reckless or deliberately wrongful act or omission of the Council caused or contributed to the liability or loss.

9. Insurance

The Applicant must effect and maintain for the term of this Agreement a public risk policy of insurance in the minimum of the sum specified in the Annexure and must, upon request by the Council, produce evidence of such insurance to the Council.

10. Bond

10.1?? The Applicant must pay to the Council a bond in the sum specified in the Annexure.

10.2?? The Council may at any time and without prior notice to the Applicant have recourse to the bond for the recovery of any sum due and owing by the Applicant to the Council.

10.3?? Where the applicant fails to cease discharging trade waste as prescribed in clause 3.7, the Council may require the applicant to forfeit 50% of the bond.

10.4?? The Council must return the bond to the Applicant, less any amount deducted by the Council under this clause, upon termination of this Agreement.


11. No assignment

The Applicant may not assign or otherwise transfer its rights and/or obligations under this Agreement.

12. Notices

12.1?? A notice under this Agreement must be:

(a)? in writing, directed to the representative of the other party as specified in the Annexure

(b)? forwarded to the address, facsimile number or the email address of that representative as specified in the Annexure or the address last notified by the intended recipient to the sender.

12.2?? A notice under this Agreement will be deemed to be served:

(a)? in the case of delivery in person - when delivered to the recipient?s address for service and a signature received as evidence of delivery

(b)? in the case of delivery by post - within three business days of posting

(c)? in the case of delivery by facsimile ? at the time of dispatch if the sender receives a transmission report which confirms that the facsimile was sent in its entirety to the facsimile number of the recipient

(d)? in the case of delivery by email, on receipt of confirmation by the recipient that the recipient has received the email.

12.3?? Notwithstanding the preceding clause 13.2, if delivery or receipt of a communication is on a day which is not a business day in the place to which the communication is sent or is later than 5 pm (local time in that place) it will be deemed to have been duly given or made at????? 9 am (local time at that place) on the next business day in that place.

13. Variation

13.1?? If the Applicant?s Approval to discharge liquid trade waste from the Premises is varied, this Agreement shall be deemed to be varied in accordance with the variation made to that approval or to the fees, by operation of this clause.

13.2?? In addition to automatic variation under clause 14.1, this Agreement may be varied by written agreement of the parties, provided that a variation to this Agreement that is inconsistent with:

(a)? the Approval, including rights granted under, and conditions attached to, the Approval

(b)? any applicable legislation; or

(c)? Council?s Annual Management Plan in respect of applicable fees and charges,

shall have no force or effect.


14.?? Severability

If any part of this Agreement is prohibited, void, voidable, illegal or unenforceable, then that part is severed from this Agreement but without affecting the continued operation, so far as possible, of the remainder of this Agreement.

15.?? Applicable law

15.1?? This Agreement is governed by, and must be construed in accordance with, the laws in force in the State of New South Wales.

15.2?? Each party submits to the exclusive jurisdiction of the courts exercising jurisdiction in the State of New South Wales and the courts of appeal there from.

16.?? Rights cumulative

The rights and remedies provided under this Agreement are in addition to, and not exclusive of, any other rights or remedies provided by law.



Executed as an agreement

 

Execution by the Council:

 

THE COMMON SEAL OF

????????????.. was affixed this

????day of ??..????.. 20??.

in the presence of:

?????????????????

General Manager

 

and

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

[print name of witness]

 

Executed by the Applicant (corporate entity):

 

 

 

 

)

)))))))

)

)

)

)

 

 

 

?

 

 

(Corporate Seal)

 

 

 

 

 

 

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

[signature of General Manager]

 

 

 

 

 

 

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

 

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

?[signature of witness]

 

 

 

 

 

The COMMON SEAL of?????????..

.??????????PTY LIMITED

was affixed this ??????????day of

?????????????.20?..? in the

presence of:

???????????????

[name of Director]

 

???????????????

[name of Director/Secretary]

 

 

 

Executed by the Applicant (individual):

Signed by: ??????????????

[name of Applicant]

This?????day of??????..20?..

in the presence of:

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

[print name of witness]

 

)

)

)

)

)

))))))))

 

 

)

 

 

 

 

 

 

 

)

)

)

)

)

)

 

 

 

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

[signature of Director]

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

[signature of Director/Secretary]

 

 

 

 

 

 

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

[signature of Applicant]

 

 

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

[signature of witness]

 

 


Annexure

A. The Council

1.?????? Full Name of Council???????????????? ______________________________________________

2.?????? ABN???????????????????????????????????????? ______________________________________________

3.?????? Address ????????????????????????????????? ______________________________________________

????????? _______________________________________________________________________

4.?????? Telephone ??????????????????????????????? ______________________________________________

5.?????? Emergency Contact ????????????????? ______________________________________________

????????? Telephone ??????????????????????????????? ______________________________________________

 

B.? The Applicant

1.?????? Full Name of Applicant ????????????? ______________________________________________

2.?????? ABN???????????????????????????????????????? ______________________________________________

3.?????? Business or Trading Name ??????? ______________________________________________

4.?????? Address ????????????????????????????????? ______________________________________________

____________________________________________________________________________

5.?????? Telephone ??????????????????????????????? ______________________________________________

6.?????? Emergency Contact ????????????????? ______________________________________________

????????? Telephone ??????????????????????????????? ______________________________________________

 

C.????? The Premises

1.?????? Lot and DP Number: Lot(S) ?????? _____________________ DP _____________________

2.?????? Location ????????????????????????????????? ______________________________________________

____________________________________________________________________________

3.?????? Description ????????????????????????????? ______________________________________________

4.?????? Nature of Business ?????????????????? ______________________________________________

 

D.????? Notices

Applicant?s Representative?????????????????? ______________________________________________

Postal Address?????????????????????????????????? ______________________________________________

____________________________________________________________________________

Facsimile?????????????????????????????????????????? ______________________________________________

Email???????????????????????????????????????????????? ______________________________________________

Council?s Representative???????????????????? ______________________________________________

Postal address?????????????????????????????????? ______________________________________________

____________________________________________________________________________

Facsimile?????????????????????????????????????????? ______________________________________________

Email address??????????????????????????????????? ______________________________________________

 

E.?????? PUBLIC LIABILITY INSURANCE

Minimum cover:????????????????????????????????? $_____________________________________________

 

F.?????? BOND????????????????????????????????????? $_____________________________________________

 


 

 

 

 

 

 

 

 

 

Blank page

 


 

 

 

Attachment 2

Provisions in the Local Government (General) Regulation 2005 in regard to acceptance of liquid trade waste into the sewerage system


Clause 25 Matters to accompany applications relating to discharge into sewers

An application for approval to discharge trade waste into a sewer under the control of a Council or that connects with such a sewer must be accompanied by the information required by Table 1 to the Liquid Trade Waste Management Guidelines#.

Clause 28 Approval to discharge waste into sewers: concurrence required

A council must not grant an approval under section 68 of the Act to discharge trade waste (whether treated or not) into a sewer of the council unless the Director-General of the Department of Energy, Utilities and Sustainability* has concurred with the approval.

Note: Section 90 (2) of the Act permits any person or authority whose concurrence is required before an approval can be granted to give the council notice that the concurrence may be assumed (with such qualifications or conditions as are specified in the notice).

Clause 32 Disposal of trade waste

(1)? An approval to dispose of trade waste into a sewer of the council is subject to such conditions (if any) as the council specifies in the approval.

(2)? In imposing any such conditions, the council is to have regard to the matter set out in????????????? Table 5 to the Liquid Trade Waste Management Guidelines#.

Clause 159 Prevention of waste and misuse of water

The owner, occupier or manager of premises to which water is supplied by the council must:

(a)? prevent waste of water by taking prompt action to repair leaking taps, pipes or fittings located on the premises

(b)? take any other action that is reasonable to prevent waste and misuse of water.

# ?Liquid Trade Waste Management Guidelines? means the Guidelines of that name produced by the Department of Energy, Utilities and Sustainability in March 2005, as in force from time to time. The 2005 Guidelines have now been superseded by Liquid Trade Waste Regulation Guidelines, April 2009.

* From 23 April 2007 a reference to the Department of Energy, Utilities and Sustainability is to be construed as a reference to the Department of Environment Climate Change and Water.

?


 

Ordinary Council Meeting

5 November 2009

Director of Engineering Services Report

ITEM 11.2??? SF844????????????? 051109???????? Nambucca District Water Supply Steering Committee Meeting - 30 September 2009

 

AUTHOR/ENQUIRIES:???? Richard Spain, Manager Water and Sewerage ????????

 

Summary:

 

The minutes of the Nambucca District Water Supply Steering Committee meeting held on 30 September 2009 are attached for Council information and adoption

 

 

Recommendation:

 

1??????? That Council adopt the minutes of the Nambucca District Water Supply Steering Committee Meeting held on 30 September 2009.

 

2??????? That the next meeting of the Nambucca District Water Supply Steering Committee be scheduled for late January 2010.

 

3??????? That Council note that the resolution to adopt the Environmental Impact Statement for public exhibition for a period of 8 weeks from 20 October to 15 December 2009 was tabled at the previous meeting of Council held on 15 October 2009.

 

 

OPTIONS:

 

Adopt the minutes or seek further clarification on particular items.

 

 

DISCUSSION:

 

The Nambucca District Water Supply Steering Committee meets on a monthly basis to discuss the Off River Storage Project in terms of, progress, risks, budget and consultant engagements.

 

The members of the Committee met on 30 September 2009 and discussed a number of matters as per the attached minutes.? A feature of the meeting was a presentation of the draft Environmental Impact Statement by Tom Ryan from GHD.

 

The draft EIS is now on exhibition until 15 January 2010.? The General Manager has also recommended that Council conduct a value management workshop on both the dam project and the IWCM.? Given this, it is recommended that the next scheduled Nambucca District Water Supply Steering Committee be in late January 2010.

 

 

CONSULTATION:

 

Department of Services Technology and Administration ? Public Works

Department of Environment Climate Change and Water ? Office of Water

GHD

 

 

SUSTAINABILITY ASSESSMENT:

 

Social

 

The project aims to provide a social benefit through security of water supply.

 

Environment

 

The environment impacts of the project are detailed in the Environmental Impact Statement that is currently on public exhibition.

 

Economic

 

The project will have a significant economic impact on the community as increases in both the typical residential bill and developer charges will be required to service Council?s financial commitment to the project.

 

Risk

 

This is a major project for the Shire and there are significant risks associated with it particularly with regard to the impact of the level of State Government subsidy.? An updated project risk register is kept by the Project Managers and the risks are discussed during the meetings.

 

 

FINANCIAL:

 

Direct and indirect impact on current and future budgets

 

Council has committed funding for preconstruction phase of the off river storage project in the 2009/10 budget and the allocation of future funds will depend on Council?s decision as to whether or not to proceed with the project.

 

 

Source of funds and any variance to working funds

 

Funding for the project will be sourced from reserves and loans.

 

DWE have advised that this project is eligible for subsidy as part of the existing Country Towns Water Supply and Sewerage program. The Minister confirmed that the level of subsidy would be in the order of 31%.

 

 

 

Attachments:

1View

25726/2009 - Minutes - 30 September 2009

 

??


 

Ordinary Council Meeting - 5 November 2009

Nambucca District Water Supply Steering Committee Meeting - 30 September 2009

Attachment 1

25726/2009 - Minutes - 30 September 2009

 






?


 

Ordinary Council Meeting

5 November 2009

Director of Engineering Services Report

ITEM 11.3??? PRF53????????????? 051109???????? River Street Foreshore - Macksville - Landscape Development Plan

 

AUTHOR/ENQUIRIES:???? Bruce Redman, Director Engineering Services ????????

 

Summary:

 

Concept plans have been developed by Roger Williams & Associates for the River Street Foreshore west of the Macksville Bridge.

 

Representatives of ?Joans Army? were involved in the preliminary discussions with the consultant and they have given their support to the adoption of the proposal.