NAMBUCCA SHIRE COUNCIL

 

Nambucca River Estuary and Coastline Management Committee Meeting - 30 November 2009

 

AGENDA                                                                                                   Page

 

1        APOLOGIES

2        DISCLOSURE OF INTEREST

3        CONFIRMATION OF MINUTES — Nambucca River Estuary and Coastline Management Committee Meeting - 7 September 2009

4        Director Environment and Planning Report

9.1     Report on Outstanding Items 30 November 2009

9.2     Report on Funding applications under the NSW Estuary, Coastal and Floodplain Management Programs

9.3     Report on DECCW Draft Flood Risk Management Guide and Draft Coastal Risk Management Guide.

9.4     Report from RDM on the exhibition and submissions received on the Nambucca River Master Plan

9.5     Report on Lower Nambucca River Estuary Water Quality Study  


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).

 

         


Nambucca River Estuary and Coastline Management Committee Meeting

30 November 2009

Director Environment & Planning's Report

ITEM 9.1      SF1266            301109         Report on Outstanding Items 30 November 2009

 

AUTHOR/ENQUIRIES:     Jacqui Ashby, Environmental Compliance Officer         

 

Summary:

 

The following Outstanding Actions Table has been generated from the Committee Meetings held since 2007 relating to outstanding resolutions. Matters which are simply noted or received, 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.

 

 

Recommendation:

 

That the list of outstanding actions be noted and received by the Committee.

 

 

 

 

 

File no

Committee

Meeting

Summary of Matter

Action

By

Status

1
 

SF612

29.05.07

Monitoring of tidal waters at Gumma, Council further investigate other forms/types of loggers that could be acquired and that any required data loggers be considered for purchase from Council’s Environmental Levy and investigate funding opportunities. Has a funding source been found?

DEP

Funding application successful.

Recommendation of best type of logger to come from consultant currently engaged in river sampling project.

Waiting for consultants report.

Final report likely to be submitted by end of September 2009

See report in agenda

2

 

29.05.07

The former Nambucca River Floodplain Management Committee recommended that Council ask the RTA to include an evaluation of the effect of the old highway during further flood modelling of the new highway route with a view to installing drainage structures to relieve local flooding.

DEP

Letter sent to RTA on 7 November 2008 by DES.

No reply from RTA at this stage. Matter being followed up.

No response received as at 4 May 2009 to follow up with the DES upon his return to work mid May.

No response, new round of enquiry opened, letter sent June 2009

 

No response as at 2 November. Meeting with appropriate RTA Officer to be arranged to progress this matter

3

SF612

06.03.08

Letters to be sent to home owners identified in the Flood Study and Floodplain Risk Management Plan affected by flooding to advise that there may be some state funding available to help with the costs of raising the houses above flood levels for $ for $ basis and to seek their interest to enable a Funding application to be prepared for the 2009 round of funding

DEP

Letters not yet sent. The DECC representative, Kevin Gibson, will prepare and present to the Committee a report on Voluntary Home Raising. There has to be an economic viability assessment of houses before they are included.

A draft discussion paper has been prepared by Mr Gibson, DECC which will be refined and presented to a future meeting of the Committee.

Paper been prepared and will be discussed at the technical level prior to presentation at this committee.

4

SF1267

6.04.09

Road depth flood markers to be installed at Factory Bridge, Taylors Arm to increase warning for motorists to 6m

DES

Depth gauge received. Yet to be installed

5

SF1267

6.04.09

Query on projects completed by organisations, government department, funded or non funded, successful and unsuccessful, on or along the Nambucca River for assessment.

DEP

Received 3 replies. Information is not what Council asked for, the submissions just listed the projects but not the success or failure. More time is needed to contact each of the project managers to assess each individual project.

6

SF1267

 

River site gauges be placed in at least one position on Taylors Arm River at Kings Point and one position on Tilly Willy Creek Kings Point and also a double sided site gauge on the eastern side of Gumma bridge, and after further investigation may require more site gauges, as well as the upgrading of the site gauge at the corner of Princess and River Streets Macksville

 

DES

Depth gauges received yet to be installed. Have discussed River Street with Manly Hydraulics Laboratory and they will arrange replacement of the River Street gauges.

 

Attachments:

There are no attachments for this report.


Nambucca River Estuary and Coastline Management Committee Meeting

30 November 2009

Director Environment & Planning's Report

ITEM 9.2      SF1266            301109         Report on Funding applications under the NSW Estuary, Coastal and Floodplain Management Programs

 

AUTHOR/ENQUIRIES:     Greg Meyers, Director Environment and Planning         

 

Summary:

 

This report is presented for information to the Nambucca River Estuary and Coastline Management Committee as it is being presented to Council at its 3 December 2009 Ordinary meeting.

 

The NSW DECCW have introduced a new funding application timetable for project funding under the NSW Estuary, Coastal and Floodplain Management Grants program.

 

The changes have been introduced in response to recommendations from the Auditor General in a recent report on Environmental Grants Administration. The new process is designed to enable better alignment with councils’ funding cycles and improved project planning, within the constraints of an annual program allocation by NSW Treasury.

 

Due to the short lead time and the applications being Expressions of Interest initially, three EOI's have been submitted for the continuation of existing programs:

 

i           Finalisation of the Nambucca Coastal Hazard Management Plan $30,000 ($15,000 grant and $15,000 Environmental Levy)

ii           Continuation of the review of the Nambucca River Flood Study $115,000 ($75,000 grant and $40,000 Environmental Levy)

iii          Continued implementation of actions from the Nambucca River Estuary Management Plan and also the Nambucca River Foreshore Master Plan $100,000 ($50,000 grant and $50,000 Environmental Levy)

 

 

Recommendation:

 

1          That the Committee note the changed funding process and timetable under the NSW Estuary, Coastal and Floodplain Management grants programs.

 

2          That the Committee note that it has been recommended that Council endorse the three Expressions of Interest submitted under the NSW Estuary, Coastal and Floodplain Management grants program for the following:

 

i        Finalisation of the Nambucca Coastal Hazard Management Plan $30,000 ($15,000 grant and $15,000 Environmental Levy)

ii       Continuation of the review of the Nambucca River Flood Study $115,000 ($75,000 grant and $40,000 Environmental Levy)

iii      Continued implementation of actions from the Nambucca River Estuary Management Plan and also the Nambucca River Foreshore Master Plan $100,000 ($50,000 grant and $50,000 Environmental Levy)

 

3          That the Committee not that it has been recommended that Council include the above three projects in the 2010 – 2015 Environmental Levy should Council continue the Environmental Levy program.

 

 

OPTIONS:

 

The Committee could recommend that Council not proceed with the three EOI's as submitted

 


DISCUSSION:

 

Changes have been made to the timetable for the calling of grant applications under the NSW Estuary, Coastal and Floodplain Management grants program for the 2010/2011 financial year. These changes have been brought about in response to recommendations from the Auditor General in a recent report on Environmental Grants Administration. The new process is designed to enable better alignment with councils’ funding cycles and improved project planning, within the constraints of an annual program allocation by NSW Treasury.

 

The new process is outlined below:

 

·              Applications called during October 2009

·              Applications closed on 10 November 2009

·              Earlier assessment and prioritisation of projects.

·              Development of a priority list of projects for each program, which are likely to be offered funding in July 2010, subject to final budget allocations and Government priorities.

·              Advising applicants in February 2010 if their projects are in the priority list.

·              Liaising with priority list applicants during April and May 2010 to confirm councils’ financial commitment and project plans.

·              Formal announcement of grant offers expected in July 2010.

 

Due to the short lead time and staff being on leave during October, an earlier report was not able to be prepared and presented to the Nambucca River Estuary and Coastline Management Committee or Council prior to the closing date for applications. Fortunately this new "pilot" process are more Expressions of Interest initially, with the short listed applications being the subject of further discussion between Council and DECCW during Council's draft budgeting period (April & May) to confirm the commitment of funds from Council.

 

Three EOI's have been submitted for the continuation of existing programs:

 

1          Finalisation of the Nambucca Coastal Hazard Management Plan $30,000 ($15,000 grant and $15,000 Environmental Levy) – Coastal Program

2          Continuation of the review of the Nambucca River Flood Study $115,000 ($75,000 grant and $40,000 Environmental Levy) – Floodplain Management Program

3          Continued implementation of the Nambucca River Estuary Management Plan $100,000 ($50,000 grant and $50,000 Environmental Levy) – Estuary Program

 

If all of the above applications are successful it would see the full completion of the Coastal Hazard Management Plan.

 

The continuation of the Nambucca River Flood Study would head upstream from Watt Creek and include the entire floodplain around Macksville taking into consideration the modelling work that the RTA have done in regard to the proposed Highway deviation.

 

The continued implementation of the Nambucca River Estuary Management Plan would see a further $50,000 committed to riverbank restoration works and $50,000 towards other projects identified in the both the Estuary Plan and the Master plan.

 

Council would also be aware that a review of the continuation of the Environmental Levy is also underway and the above projects will be identified in the draft Environmental Levy program.

 

 

CONSULTATION:

 

DECCW

Director Engineering Services

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

These projects will consider the environmental impacts and benefits should they proceed.

 

Social

 

These projects will consider the social impacts and benefits should they proceed.

 

Economic

 

These projects will consider the economic impacts and benefits should they proceed.

 

Risk

 

These projects will consider the risks should they proceed.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

There are no commitments of Council at this stage. However, Council's identified contributions will only be available should the Environmental Levy continue and Council confirms these projects in the works program for the Levy.

 

Source of fund and any variance to working funds

 

No variations needed at this stage.

 

Attachments:

There are no attachments for this report.


Nambucca River Estuary and Coastline Management Committee Meeting

30 November 2009

Director Environment & Planning's Report

ITEM 9.3      SF1075            301109         Report on DECCW Draft Flood Risk Management Guide and Draft Coastal Risk Management Guide.

 

AUTHOR/ENQUIRIES:     Greg Meyers, Director Environment and Planning         

 

Summary:

 

The Department of Environment, Climate Change and Water (DECCW) have released for public comment the Draft Flood Risk Management Guide and the Draft Coastal Risk Management Guide.

 

Submissions close 5.00 pm on Friday, 11 December 2009.

 

It is not proposed to make a submission at this time as both Draft guides will be considered and taken into account as appropriate in the Nambucca Coastal Hazard Management Plan and the Lower Nambucca Flood Study update and any other new coastal hazard or flood studies to be done.

 

The Local Adaptation Pathways Program currently underway in partnership with Kempsey and Bellingen Council's will also need to have regard to the Draft Guides.

 

 

Recommendation:

 

That the committee note that the two Draft Guides – Flood Risk Management and Coastal Risk Management are currently on exhibition until 5.00 pm Friday 11 December 2009, and that no submission be made by Council.

 

 

OPTIONS:

 

The committee could choose to recommend that Council make a submission, in which case the committee should for a motion which clearly identifies the basis and provide detail for the submission.

 

 

DISCUSSION:

 

Following the release of the NSW Government Policy Statement on Climate Change two Draft Guides have now been prepared and released for public comment. The Draft guides are circularised and accompanying information may be viewed or downloaded from:

http://www.environment.nsw.gov.au/climateChange/sealevel.htm

 

The guides will assist local government and the development industry when considering the impacts associated with sea level rise and associated coastal hazard and flood risks.

 

Nambucca Shire currently has several projects underway which will need to have regard to Climate Change, sea level rise, flooding and coastal hazards. These guides whilst still "Drafts" will be considered.

 

It is not intended to make a submission on either of the Draft guides, however should the committee be of the mind to make a submission it should clearly identify the basis and detail to be included in the submission.

 

 

CONSULTATION:

 

Environmental Compliance Officer

 


SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are no impacts with this report, however the draft Guides consider the potential for environmental impact.

 

Social

 

There are no impacts with this report, however the draft Guides consider the potential for social impacts.

 

Economic

 

There are no impacts with this report, however the draft Guides identify that considerable economic impact will arise due to climate change, sea level rise and flooding.

 

Risk

 

There are no impacts with this report, however the draft Guides are based on risk management and preparedness.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

There are no costs associated with this report

 

Source of fund and any variance to working funds

 

Not applicable.

 

Attachments:

1View

 - CIRCULARISED DOCUMENTS - DECC&W Guides -
DRAFT FLOOD RISK MANAGEMENT GUIDE - Incorporating sea level rise benchmarks in flood risk assessments
DRAFT COASTAL RISK MANAGEMENT GUIDE - Incorporating sea level rise benchmarks in coastal risk assessments

 

  


 

 

 

 

Placeholder for Attachment 1

 

 

 

Report on DECCW Draft Flood Risk Management Guide and Draft Coastal Risk Management Guide.

 

 

 

CIRCULARISED DOCUMENTS - DECC&W Guides - / DRAFT FLOOD RISK MANAGEMENT GUIDE - Incorporating sea level rise benchmarks in flood risk assessments / DRAFT COASTAL RISK MANAGEMENT GUIDE - Incorporating sea level rise benchmarks in coastal risk assessments

 

  Pages

 

 


Nambucca River Estuary and Coastline Management Committee Meeting

30 November 2009

Director Environment & Planning's Report

ITEM 9.4      SF1266            301109         Report from RDM on the exhibition and submissions received on the Nambucca River Master Plan

 

AUTHOR/ENQUIRIES:     Greg Meyers, Director Environment and Planning         

 

Summary:

 

The Consultants appointed to prepare the Nambucca River Master Plan have completed their assessment of the submissions received during  the exhibition of the Master Plan.

 

The report is circularised with this Agenda for the consideration of the Committee, before the consultants proceed to complete the Master Plan including a fully costed 10 year implementation plan.

 

 

Recommendation:

 

1          That the Committee recommend that Council endorse the recommendations from the Submissions Report for the Nambucca River Master Plan from consultants RDM.

 

2          That the Committee note that final Master Plan, Implementation Plan and all associated documents will be presented to the Nambucca River Estuary and Coastline Management Committee at it next meeting on Monday, 1 February 2010.

 

 

OPTIONS:

 

The Committee could support the recommendations put forward, add additional recommendations or not support any recommendations or a combination of all three.

 

 

DISCUSSION:

 

The consultants (RDM) engaged to prepare the Nambucca River Master Plan have considered all submissions made during the Public Exhibition period and have prepared the attached report for the Committee's consideration.

 

Several recommendations have been made and are identified in the report. Representatives from RDM will be in attendance at the meeting to further explain or elaborate on the recommendations outlined in the report.

 

 

CONSULTATION:

 

The report follows extensive community consultation.

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

The Master Plan has considered and taken into account Environmental issues and actions.

 

Social

 

Many Social issues and improvements have been considered in the Master Plan.

 


Economic

 

The Master Plan will include a fully costed Implementation plan

 

Risk

 

A number of environmental and community risks have been assessed and addressed in the draft report and will be clearly identified in the final Master Plan.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

The costs for the Master plan are identified in Councils budget which consist of both Grant funds from DECCW and Council's Environmental levy

 

Source of fund and any variance to working funds

 

No variation required.

 

Attachments:

1View

29960/2009 - RDM Report on Submissions Received following the Exhibition of the Nambucca River Master Plan

 

  


Nambucca River Estuary and Coastline Management Committee Meeting - 30 November 2009

Report from RDM on the exhibition and submissions received on the Nambucca River Master Plan

Attachment 1

RDM Report on Submissions Received following the Exhibition of the Nambucca River Master Plan

 








 


Nambucca River Estuary and Coastline Management Committee Meeting

30 November 2009

Director Environment & Planning's Report

ITEM 9.5      SF765              301109         Report on Lower Nambucca River Estuary Water Quality Study

 

AUTHOR/ENQUIRIES:     Jacqui Ashby, Environmental Compliance Officer         

 

Summary:

 

A lower Nambucca River Estuary Water Quality Study was conducted from November 2008 through to June 2009 in an attempt to try and identify hot spots and  causes of diffuse source water pollution entering the lower Nambucca River.

 

The study was funded by the Catchment Management Authority in collaboration with NSW Environment Trust. The Beer, Bellwood, Teagues, Watt, Gumma Gumma and Tilly Willy Creeks and the East Street Drain (Macksville) subcatchments were sampled during stormwater events. Forty eight samples within a 70km2 area were analysed and the parameters tested at all sites included pH, turbidity, Total Nitrogen (TN), Total Phosphorous (TP), Total Suspended Solids (TSS), and enterococcus, with additional parameters of Titratable acidity, chloride to sulfate ratio, and soluble Aluminium and Iron at areas of known issues with acid sulfate soils.

 

The final report sets out specific actions required in each subcatchment within the study area, improving communication between those involved in managing the estuary and the local managers and residents who use and value the estuary.

 

 

Recommendation:

 

1          That the report be noted.

 

2          That the recommendations of the Study be noted.

 

3          That further funding be sourced for further investigation of water quality testing in the high priority subcatchments of Gumma Gumma Creek, Watt Creek (Lumsdens Lane and Wrights Corner) and Beer Creek.

 

 

OPTIONS:

 

1        That further funding not be investigated

 

2        That Environmental Levy funds be used for further investigation of high priority subcatchments

 

 

DISCUSSION:

 

Limited water quality monitoring and anecdotal evidence from oyster growers and other river users suggest that poor quality water is entering the lower estuary from minor tributaries feeding directly into the main river. In order to address the water quality issues the source and causes of the poor water quality in the tributaries needs to be accurately determined. Once determined then remediation actions can be employed and water quality improved for the benefit of all uses.

 

The study was not intended as a comprehensive strategy to resolve all the water quality issues of the lower Nambucca River estuary. It is a set of management recommendations and actions which are based on a relatively short period of event based stormwater sampling.

 

The results showed that the subcatchment of Watt Creek, specifically, Lumsdens Lane and Wrights Corner where the highest priority with nutrient concentrations (TN, TP) up to 5 times higher than the average of all the other subcatchments. Beer Creek, Tilly Willy Creek and the East Street Drain are considered medium priority while Bellwood Creek, Teagues Creek and Gumma Gumma Creek were considered low priority in terms of nutrients


Bacterial contamination was evident in Watt Creek (Lumsdens Lane) and Beer Creek which makes then high priority in terms of Enterococcus concentrations up to 13 times that of the average of the other subcatchments. Tilly Willy, Bellwood Creeks and East Street Drain is considered medium priority while Teagues reek and Gumma Gumma Creek are low priority for bacterial contamination.

 

Beer Creek is considered the highest priority in terms of suspended sediment and turbidity. Tilly Willy is considered medium priority.

 

Gumma Gumma Creek in terms of acid export and associated heavy metal contaminates is regarded as the highest priority subcatchment for investigation. Watt Creek (Wrights Corner) showed lower than expected pH readings and is so, considered medium priority for further investigation to determine the extent of acid sulfate soil related pollution.

 

The Management recommendations from the report are tabled below. The monitoring framework outlines the three main areas of future focus, these include:

 

·              Collecting additional data to allow quantification of total exports of contaminants during storm events to facilitate subcatchment comparisons and more accurate priority setting;

·              Additional sampling programs in low and medium priority subcatchments; and

·              Further sampling programs in highest priority subcatchments of Gumma Gumma Creek, Watt Creek and Beer Creek.

 

 

 

CONSULTATION:

 

Geco Environmental

Northern Rivers Catchment Management Authority

Nambucca Valley Landcare

Director of Environment and Planning

Manager Health and Building

Department Environment, Climate Change and Water


SUSTAINABILITY ASSESSMENT:

 

Environment

 

Identifying the diffuse source of pollution is a step towards a sustainable use of the Shires waterways

 

Social

 

Community and landholder communication and involvement with the study has increased the knowledge of the issues of water quality to the wider community

 

Economic

 

The highlighting of the issues with stormwater run off into the lower Nambucca River can help prioritise projects to rectify some of the issues. Controlling the amount of pollutants entering the river will benefit the aquaculture, tourist and fishing industries of the Nambucca Shire

 

Risk

 

The only risk will be to the continuing industries if the recommendations of the report are not taken into account and acted upon.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

If one to one funding is sort then, depending on the monetary value of the grant, some of the actions may have a direct impact on future budgets.

 

If Environment Levy funds are used this will have a direct impact on future budgets.

 

Source of fund and any variance to working funds

 

Some water quality monitoring can come from the environment levy, other funding for larger studies will come from grant funding, no identified grant funding as yet.

 

Attachments:

1View

 - Circularised Document - Nambucca River Water Quality Strategy (281/86/2009)

 

  


Nambucca River Estuary and Coastline Management Committee Meeting - 30 November 2009

Report on Lower Nambucca River Estuary Water Quality Study

Attachment 1

Circularised Document - Nambucca River Water Quality Strategy (281/86/2009)

 

 

 

 

 

Placeholder for Attachment 1

 

 

 

Report on Lower Nambucca River Estuary Water Quality Study

 

 

 

Circularised Document - Nambucca River Water Quality Strategy (281/86/2009)

 

  Pages