NAMBUCCA SHIRE COUNCIL

 

General Purpose Committee - 14 September 2011

 

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

 

1??????? APOLOGIES

2??????? DISCLOSURE OF INTEREST

3??????? DELEGATIONS?Motion to hear Delegations

4??????? General Manager Report

8.1???? Review of Rating Structure

5??????? Director Environment and Planning Report

9.1???? Valla Urban Growth Area - Planning Proposal

9.2???? Report on Draft Supplementary State of the Environment Report 2010-2011

9.3???? Lower Nambucca Flood Study Review - 100 Year ARI 2100 Climate Change Peak Flood Map

6??????? Director Engineering Services Report

10.1?? Review of Various Policies Relating to Noxious Weeds and Animals

10.2?? Draft Policy - Bushfire Buffers on Public Land

10.3?? Water and Sewerage - Development Servicing Plans and Strategic Business Plans

10.4?? Review of Street Tree Guidelines ???

 

 

Time

Description

Where

OS/CC

Item

No

Page

No

8.30 ? 8.40

Report on Draft Supplementary State of the Environment Report

CC

9.2

34

8.40 ? 9.15

Policy Reviews:

Invasive Plant Policy (new)

Noxious Weeds (update)

Street Tree Guidelines (update

Bushfire Buffer Zones on Public Land (new)

CC

10.1

10.2

10.4

57

97

110

9.15 ? 10.00

Review of Rating Structure

CC

8.1

4

10.00 ? 10.15

 

Morning Tea

 

CC

 

 

10.15 ? 10.45

Lower Nambucca Flood Study ? 200 ARI 2100 Climate Change Peak Flood Map

CC

9.3

37

10.45 ? 11.30

Valla Urban Growth Area ? Planning Proposal

CC

9.1

8

11.30 ? 12.30

Water and Sewerage - Development Servicing Plans and Strategic Business Plans

CC

10.3

107

12.30 noon

Lunch

 

 

 

 

 

 


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).

 

??????? ?


General Purpose Committee??????????????????????????????????????????????????????????????????????????????????????? 14 September 2011

General Manager's Report

ITEM 8.1????? SF1460??????????? 140911???????? Review of Rating Structure

 

AUTHOR/ENQUIRIES:???? Jenita Ferguson, Rates Officer; Michael Coulter, General Manager ????????

 

Summary:

 

Council is required to regularly review its rating structure to ensure compliance with the Local Government Act and related legislation.? Additionally, prior to applying for a Special Rate Variation for 2012/2013 Council needs to conduct a thorough review of the current structure.

 

 

 

Recommendation:

 

That Council seek a report on:

 

1.?????? the current structure and alternative rating structures for Business sub-categories Manufactured ????????? Home Community and Caravan Park to ensure compliance with the Act.

 

2.?????? options to address the number of assessments currently on the minimum rate for the Residential ????????? category.

 

3.?????? the Farmland category and alternative rating scenarios to address existing anomalies whereby ????????? most ratepayers in the farmland category pay more rates than they would if they were in the ????????? Residential category.

 

 

OPTIONS:

 

?????? Council can maintain the status quo.

?????? Council can analyse a range of scenarios with a view to improving equity amongst ratepayers whilst maintaining compliance with relevant legislation.

 

DISCUSSION:

 

The last significant change to Council?s structure occurred in 2005/2006 following the general re-valuation base dated 1 July 2004.? Significant fluctuations in land values occurred across the Shire.? Prior to 2005/2006 Councils structure was the same for all categories ? ad valorem with a common minimum amount.? Council?s philosophy at the time was to try and minimise significant rate fluctuations.

 

At that time, applying the same structure to the new land valuations resulted in non-compliance with Section 530 the Local Government Act 1993.? Section 530 stated that the Farmland rate had to be the lowest rate across all categories.? To address the issue of non-compliance a base amount was introduced for the Farmland category.?? Section 530 of the Act was repealed in 2005 after adopting and levying rates with the new structure.

 

To enable a thorough review of Council?s current rating structure consideration needs to be given to the following:

????? The categories and sub-categories in which properties will be categorised;

????? The method for calculating rates;

????? The proportion of rates paid by Residential, Business and Farmland categories and the sub-categories of residential and business.

 

CATEGORISATION

Before making an ordinary rate Council must declare each parcel of rateable land to be within one or other of the four categories:

?????? Farmland

?????? Residential

?????? Mining

?????? Business

 

Council has determined to further sub-categorise these categories in accordance with Section 529.

?????? Farmland Category ? may be sub-categorised based on intensity of land use, economic factors or irrigability;

?????? Residential ? according to whether that land is rural residential land or is within a centre of population;

?????? Mining ? according to the type of mining involved; and

?????? Business ? according to a centre of activity.

 

METHOD FOR CALCULATING RATES

A rate ? whether ordinary or special ? may at Council?s discretion, consist of:

?????? An ad valorem amount, which may be subject to a minimum; or

?????? A base amount to which an ad valorem amount is added.

 

BASE AMOUNTS

A base amount needs to represent a ?quantifiable cost per property? that represents the basic administrative costs of council and from which all properties benefit, regardless of their rateable land value.

 

Whilst The Act provides for ?base amounts? the characteristic of local government rating is that rates will be primarily and predominantly be determined from the ad valorem method.? Hence, income derived from the base amount must not produce more than 50% of the total amount payable by levying of the rate.

 

MINIMUM AMOUNTS

In making a rate consisting of an ad valorem amount, Council may also specify a minimum amount.

 

Council may specify a different minimum amount for each category or sub-category, but must not differ within a category or sub-category.

 

The minimum amount must not exceed the amount prescribed by the regulations ? currently $442.00 unless prior approval is sought from the Minister.

 

The benefit of minimum amounts is that they minimise excessive fluctuations between varying land valuations.

 

The table below illustrates the impact of differing structures when applied to common land values :

 

Comparison of Rating Structures

 

 

 

 

Permissible Yield

$10,000

 

 

 

 

Wholly Ad valorem

 

 

Rate in dollar:

0.0072464

%

 

 

 

??????????????????????? 120,000

869.57

9%

??????????????????????? 200,000

1,449.28

14%

??????????????????????? 280,000

2,028.99

20%

??????????????????????? 360,000

2,608.70

26%

???????????????????? ???420,000

3,043.49

30%

 

?$????? 10,000.03

100%

 

 

 

 

 

 

 

 

Ad Valorem with Base

 

 

 

Rate in dollar:

0.0050725

 

 

Base Amount:

600.00

 

 

 

 

 

 

??????????????????????? 120,000

1,208.70

12%

??????????????????????? 200,000

1,614.50

16%

??????????????????????? 280,000

2,020.30

20%

??????????????????????? 360,000

2,426.10

24%

??????????????????????? 420,000

2,730.45

27%

 

?$????? 10,000.05

100%

 

 

 

 

Ad Valorem with Minimum

 

 

Rate in Dollar:

0.0066038

 

 

Minimum Amount:

1,500.00

 

 

 

 

 

 

??????????????????????? 120,000

1,500.00

15%

??????????????????????? 200,000

1,500.00

15%

??????????????????????? 280,000

1,849.06

18%

??????????????????????? 360,000

2,377.37

24%

??????????????????????? 420,000

2,773.60

28%

 

?$????? 10,000.03

100%

 

Councils current rate structure remains as follows:

?????? Residential Rate? Ad Valorem (land value multiplied by the rate in the dollar) to which a common minimum applies (Current minimum $690.35);

?????? Business Rate ? Ad valorem rate to which a common minimum applies.? (Current minimum $690.35);

?????? Farmland Rate ? Ad valorem rate with a base amount.? (Current Base $473.90).

 

Council sought Ministerial approval to exceed the prescribed amount and continues to increase the minimum by the approved rate pegging.? The current minimum is $690.35 for all Residential and Business Sub-categories.

 

In 2005/2006 Council also resolved to sub-categorise the Residential and Business Categories as follows:

 

Residential- Town

Residential ? Village/Estate

Residential ? Rural

NOTE: The ad valorem rate for each of the Residential sub-categories is the same (0.00409875).

 

Business

Business ? CBD

Business ? Industrial

Business ? Caravan park

Business ? Manufactured Home Community

 

There are a number of issues with our current rating structure.

 

Firstly, for the residential category the number of assessments to which a minimum applies exceeds the number of assessments on ad valorem.? Whilst this complies with the Act there should be further consideration of whether this meets the intention of the Act in relation to the Ad valorem component.? For example the Act requires that the base amount not exceed 50% of the rates collected.

 

Secondly, for the 478 Assessments currently rated farmland, 452 would pay less rates if they were categorised as residential.

 

Thirdly, there have previously been issues raised about the Business sub-categories Manufactured Home and Caravan Park and whether they meet the requirements of the Act in relation to applying to a centre of activity.

 

PROPORTION OF RATES PAID BY THE RATING CATEGORIES AND SUB-CATEGORIES

Council also needs to consider how the rate revenue is to be apportioned between categories and cub-categories.? Regardless of how the rate revenue is apportioned, Council?s overall rate income must not increase above the Ministers approved rate peg or an approved special variation.

 

Rate Income is currently apportioned as follows:

 

 

%

Farmland

9.83

Residential-Town

52.48

Residential-Village/Estate

20.63

Residential-Rural

6.00

Business

2.36

Business-CBD

5.55

Business-Industrial Estate

1.60

Business-Manufactured Home Community

0.21

Business-Caravan Park

1.33

 

CONSULTATION:

General Manager

Manager Financial Services

Division of Local Government

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There is no impact on the environment.

 

Social

 

The issue is about how the cost of operating the Council is distributed amongst its ratepayers.? Reducing the financial obligation on one group of ratepayers will increase the financial obligation on the remainder.

 

Economic

 

The economic impact for individual assessments is dependent upon the adopted structure.

 

Risk

 

Legal action may occur if Council is not compliant with relevant Rating Legislation.

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

There are no direct or indirect impacts on the current and future budgets as a result of this review.

 

Source of fund and any variance to working funds

 

There is no variance to working funds.

 

 

Attachments:

There are no attachments for this report. ?


General Purpose Committee??????????????????????????????????????????????????????????????????????????????????????? 14 September 2011

Director Environment & Planning's Report

ITEM 9.1????? SF1082??????????? 140911???????? Valla Urban Growth Area - Planning Proposal

 

AUTHOR/ENQUIRIES:???? Grant Nelson, Strategic Planner; Greg Meyers, Director Environment and Planning ????????

 

Summary:

 

Council at its meeting on 15 November 2007 resolved to prepare a Draft Local Environmental Plan (DLEP 67) for the rezoning of part of the Valla Urban Growth Area (VUGA).

 

The purpose of this report is to provide Council with an overview of the progress of the VUGA, the results of studies undertaken and make recommendations on how the release area should proceed.

 

This Planning Proposal (Stage 1) will, when completed over the next 20 30 years or so will create a new Town for the Nambucca Valley. The total area in the whole VUGA is approximately 570ha, with the Stage 1 investigation area being 317ha. Following the investigations Stage 1 proposes to provide approximately 50ha of employment lands which has the potential to create some 250,000m2 of floorspace for a range of industrial, warehousing, retail, and commercial uses which could provide some 750-1250 additional jobs for the Nambucca Valley.

 

To supplement these employment opportunities, some 800 residential lots will be created resulting in a population of approximately 1900 residents. As such a range of new open space areas and sport fields, potentially a new educational facility and the provision other state services.

 

The location of the Valla Urban Growth Area at the proposed new Nambucca Heads ? Pacific Highway interchange will, in time, provide an ideal business and residential location with excellent access to the main Sydney/Brisbane highway and when the new Pacific Highway is completed is likely to be only 20-30 minutes from the Regional Centre of Coffs Harbour.

 

The new "Greenfield" residential areas will provide for a well planned, walkable neighbourhoods with excellent views especially from the higher elevated sections.

 

The continued progress and investment for the investigations has been based upon the support afforded by council and also its decision to proceed with the Integrated Water Cycle Management Plan which includes the off stream water storage dam. Private investment in the studies thus far has exceeded $1 million and with Council's $50,000 and the Department of Planning's $50,000 and Department of State and Regional Development's $20,000, considerable funds have been expended to reach this stage with considerably more yet to be invested in the development of the plans required under Part 6 of the Nambucca Local Environmental Plan 2010, prior to any development commencing.

 

 

Recommendation:

 

1?????????? That Council refer the Planning Proposal to the Director General of the Department of Planning and Infrastructure under Section 57(2) of the Environmental Planning and Assessment Act 1979 and proceed to publicly exhibit the Planning Proposal for a period of 28 days as outlined in the Gateway Approval from the Department of Planning dated 17 August 2010.

 

2?????????? That a public meeting be held during the exhibition period with specific invitations being issued to all residents who live within or adjoin the identified boundary of the Valla Urban Growth Area.

 

3?????????? That a further report, responding to all submissions received during the advertised exhibition period be prepared and presented to Council for consideration.

 

 

 

 

OPTIONS:

 

Whilst, Council could resolve not to proceed with the proposed LEP amendment, it is not supported as the studies have identified that there are no major impediments that would prohibit the actual development of the VUGA. In addition, considerable private and public funds have been invested in the process in accordance with Council's decision of November 2007, to proceed with the Draft LEP amendment.

 

 

DISCUSSION:

 

Background

 

The Valla Urban Growth Area (VUGA) (formerly Boggy Creek Release Area) has been identified within Council growth strategies since the mid 1990?s.

 

Council on the 15 November 2007 resolved to prepare a draft Local Environmental Plan (LEP) for part of the VUGA (draft Nambucca LEP 1995 Amendment No 67).

 

The Department of Planning (DoP) advised Council by letter dated 23 January 2008 that Council was required to prepare a Local Environmental Study (LES). The DoP advised that the LES is required to address certain matters and Council should consult with relevant agencies. Through the requirements of the DoP and the consultation process with the various government agencies, a number of studies were required to be completed as part of the rezoning process.

 

To initiate the rezoning process for Stage 1, two major landowners engaged a number of consultants to complete several studies relating to their respective properties. To supplement these investigations Council also engaged a number of consultants to progress investigations in the broader area to ensure that the final boundaries of the Stage 1 area would fit in with the overall development of the whole VUGA as shown in Figure 1 below.

 


Figure 1

 

On 17 December 2008 the General Purpose Committee conducted a site inspection of the VUGA and the consultants acting on behalf of the two major landholders provided Councillors with a concept plan for the entire study area.

 

Whilst the two main landholders who initiated the rezoning process represent the major component of the Stage 1 area, it was considered that additional landholdings need to be considered over the entire study area to ensure a co-ordinated and systematic rezoning occurs. To this effect the majority of landowners in the VUGA gave permission for Council's consultants to enter upon their land to undertake specialist investigations.

 

This holistic approach to the LEP amendment has the following advantages:

 

?????????????? It provides superior information base on which to support decision making and preparation of a Master Plan that takes into consideration the broader landscape outside of stage 1.

?????????????? More land may be available for various purposes such as offsets for development type and/or biodiversity purposes.

?????????????? Should studies determine that the boundaries of stage 1 need to be refined Council does not have to provide separate resolutions to incorporate these areas into the LEP amendment rather, it is determined through the specialist investigations.

?????????????? Reduced risk associated with unexpected issues arising during later stages of the growth area.

?????????????? Council may be able to encourage more landholders to commit to the process.

 

The specialist investigations have now been completed and based on the results of these studies a draft LEP amendment has been prepared. The following is a list of specialist investigations that were undertaken. Further details on the results of these studies are provided later in this report:


 

Commissioned by Council

Commissioned by Landholders

Ecological Survey Report

Phase 1 Contamination Assessment

Ecological Conservation Report

Geotechnical and Acid Sulphate Soils Assessment

Ecological Vegetation and Habitat Management Report

Ecological Investigation

Acoustic Report

European and Aboriginal Heritage Investigation

European and Aboriginal Heritage Assessment

Community Needs Assessment

Bushfire Hazard Assessment

Traffic Assessment

Local Growth Management Strategy Employment Lands

Planning Proposal Preparation

Deep Creek Flood Study (presently being prepared)

Various concept Masterplanning

 

Now that these studies have been completed and the Planning Proposal has been prepared, Council can now forward the whole report and LES to the Department of Planning and Infrastructure and proceed to the community consultation and exhibition phase for the proposed rezoning of Stage 1 of the VUGA. The following outlines the procedural steps that Council must follow:

 

?????????????? Resolve to proceed to exhibition and forward a copy of the report and LES to the Department of Planning and Infrastructure;

?????????????? Exhibit the Planning Proposal for a period of at least 28 days;

?????????????? Hold a meeting for all interested and affected landholders and the general public during the exhibition period;

?????????????? Consider all submissions received during the exhibition period;

?????????????? Make any amendments arising from the exhibition and submissions;

?????????????? Prepare a report for Council's consideration which addresses all submissions received and any amendments arising from the submissions;

 

A check point arises here depending on the decision of Council to either proceed or not to proceed with the Planning Proposal.

 

Should Council resolve to proceed then the following steps are required before any actual on-ground development may proceed:

 

?????????????? Finalise the land zone map and Local Environmental Plan (LEP) and refer the Planning Proposal to the Department of Planning and Infrastructure requesting that the Plan be made;

?????????????? Once the Plan is made then the rezoned area is included in the Growth Area Maps of Council's LEP which triggers Part 6 of the LEP which requires a range of further things to be done such as:

 

Preparation of the Staging Plan, Development Control Plan, Section 94 Plan, refined zone boundaries, Building Height Maps, Floor Ratio Maps and a range of LEP amendments and all readvertised together.

 

Specialist Investigations

 

This report only provides a brief overview of the process and investigations undertaken as part of the rezoning. An electronic copy of the Planning Proposal prepared by Charles Hill Planning has been provided to Councillors with hard copies being available for viewing at the Council Office. The Planning Proposal is the detailed report required to address the LEP amendment and contains discussions on all relevant aspects of the LEP amendment and it also contains each of the specialist investigations as appendices.

 

Ecological Investigations

 

Land holders engaged Conacher Environmental Group to investigate the ecological attributes of Lots 1 DP 253772 and Lots 9 DP 755560. These investigations involved reporting on targeted flora and fauna surveys for threatened species and endangered ecological communities as listed under the Threatened Species Conservation Act 1995.

 

To supplement these investigations, Council, after considering appropriate quotations also engaged Conacher Environmental Group to undertake investigations on other land parcels located in the broader investigation area as well as examine the Conservation and Management of the sites ecological attributes. ?

 

The ecological reporting has been completed in three (3) parts.

 

Part 1 Flora and Fauna Survey Report

Part 2 Biodiversity Conservation Report

Part 3 Vegetation and Habitat Management Report

 

The results of the flora and fauna assessment identified the following threatened species and communities being recorded on or within the study area:

 

?????????????? Wompoo Fruit Dove;

?????????????? Glossy Black Cockatoo;

?????????????? Little Lorikeet;

?????????????? Powerful Owl;

?????????????? Koala;

?????????????? Grey Headed Flying-Fox;

?????????????? Eastern False Pipistrelle;

?????????????? Little Bentwing Bat;

?????????????? Southern Myotis;

?????????????? Lowland Rainforest in the NSW North Coast and Sydney Basin Bioregion;

?????????????? River-flat Eucalypt Forest on Coastal Floodplains of the North Coast, Sydney Basin and South East Corner Bioregions;

?????????????? Subtropical Coastal Floodplain Forest of the NSW North Coast Bioregion; and

?????????????? Swamp Sclerophyll Forest on Coastal Flood Plains of the NSW North Coast, Sydney Basin and South East Corner Bioregions

 

In addition to this a State Environmental Planning Policy 44 - Koala Habitat (SEPP 44) Assessment was completed in accordance with the requirements of the DoP. This assessment did not consider the area to be core Koala Habitat, therefore a Koala Plan of Management has not been prepared. It is noted, that? although requested by the DoP, a SEPP 44 assessment is not a legislative requirement for a Planning Proposal.

 

An assessment was also undertaken under the Environment Protection and Biodiveristy Conservation Act 1999. The assessment determined that referral of this proposal to the relevant federal authority for further assessment was not required.

 

Based on these findings and other key habitat identified within the growth area the consultants recommended a number of areas be protected and/or rehabilitated through the biodiversity conservation report. These areas were then recommended to be included into particular zones, predominately the E3 Environment Conservation zone in Figure 4.1 of the Coacher Environmental Group report and reproduced below in Figure 2 which illustrates the extent of land recommended for conservation as part of this assessment. As can be seen by this figure the majority of existing habitat is proposed to be retained for conservation purposes and other land with ecological significance is proposed to be protected and rehabilitated as the development proceeds. It is noted that although the ecological reports examine the entire growth area, environmental protection zones are only intended to be placed on areas considered within the Stage 1 area. Areas south of Boggy Creek in the vicinity of the highway interchange are yet to be zoned. This may occur in future staging of the development of the VUGA if other land in this area is rezoned for alternative uses.

 

As additional stages are progressed, appropriate environmental zones will be applied to these lands, and if necessary additional investigations will be undertaken.

 

The final stage of the ecological reporting provides options for the management of the E3 zones and is titled, ?Conservation Areas Management Strategy?, which addresses the following matters within the proposed environmental zones.

 

- Vegetation Retention and Bushland Management;

- Bushfire Management and Asset Protection Zones;

- Provision and Establishment of Habitat Linkages and Habitat Areas;

- Provision of Environmental Buffers;

- Erosion and Sediment Control;

- Stormwater Quality and Management;

- Cultural Heritage Values and Management;

- Community Education and Vigilance;

- Prohibited Use Identification and Management;

- Native Fauna Habitat and Pest Species Management;

- Access Signage and Fencing;

- Monitoring and Reporting.

 

Given that detailed Master Planning is to be completed undertaken in conjunction with the development of the Development Control Plan for the area, the ?Conservation Areas Management Strategy? report is considered to provide the basis for additional management reporting to accompany specific precincts within the Master Plan.

 


Figure 2

 

Acoustic Investigations

 

Council engaged SLR Heggies to undertake acoustic investigations over the whole of the growth area. The key focus of the acoustic investigations was to ensure that any future residential development does not conflict with future employment lands or future highway upgrades.

 

The investigations used acoustic models aligned to the topography and future urban development of the VUGA to produce graphic representations of areas suitable for the following activities:

 

?????????????? Industrial areas including manufacturing, warehousing and other light industries;

?????????????? Commercial areas;

?????????????? Recreation (passive and active);

?????????????? Residential Areas;

 

Modelling for current and future highway noise did not identify any significant issues for areas identified as potential employment land or residential land.

 

Modelling that was undertaken to determine the impact of the employment lands on the potential residential land found that significant buffers were required between the proposed employment lands and residential. It is noted that the original model used, was based on employment lands predominately occupied by or for industrial uses.

 

Based on these results a more refined model was produced incorporating more specific land uses identified in the concept designs for the area including a commercial area with other less intrusive uses such as warehouses/distribution and larger business areas. These areas were located on the fringe of the residential areas to minimise noise conflicts on adjoining residential areas.

 

The acoustic modelling also examined recommendations for passive and active recreation areas. Due to the location of the employment lands the acoustic reporting found that recreation areas were not appropriate in the majority of the employment lands area. However, the reporting also acknowledges that these results may not be practical in all instances because an important aspect of urban design is to incorporate passive and active open space to provide healthy spaces for the community and active work and recreation areas.

 

The results of the acoustic modelling were incorporated into a recommended land use plan being Figure 10 from the SLR Heggies Acoustic Report and reproduced in Figure 3 below.


Figure 3

 

 

Heritage

 

The two major landholders engaged Mary Dallas Consulting Archaeologists to investigate the European and Aboriginal heritage attributes of Lots 1 DP 253772 and Lots 9 DP 755560. These investigations involved reporting on targeted archaeological surveys for aboriginal relics/items/deposits or potential aboriginal sites of significance

 

To supplement these investigations, Council, engaged Mary Dallas Consulting Archaeologists to undertake investigations on other land parcels located on the broader investigation area.?

 

The results of these investigations found no major impediments to the proposed growth area in terms of European heritage, but recommended that there should be a photo style archival record for the area prepared in accordance with NSW Heritage standards prior to the development commencing. This recommendation will be an inclusion in the DCP to be produced before any work can commence.

 

In relation to aboriginal sensitivity, two (2) areas were recorded though the investigations undertaken on Lot 1 DP 253772 and Lots 9 DP 75556. It was recommended a buffer of 20m be placed around the former Cow Creek Aboriginal Reserve Area. This recommendation will be an inclusion in the DCP to be produced before any work can commence.

 

The surveys prepared over the broader growth area found two (2) potential aboriginal archaeological deposits and eight (8) potential aboriginal sites.

 

The consultant has recommended further investigations into all recorded sites be undertaken during the preparation of the detailed DCP. It is anticipated that these surveys may result in further zoning amendments after the DCP is complete. Some other areas where access to the allotments was not available at the time of the survey will also need to be re-examined in detail during the preparation of the DCP and or future stages of the development of VUGA.

 

Figure 4, 5 & 6 below shows the areas of significance located through the surveys.

 

Figure 4

 

 


Figure 5

 

Figure 6

 

Bushfire

 

After considering appropriate quotations, Council engaged Mid Coast Building and Environmental to undertake a Bushfire Hazard Assessment into the suitability of the land for rezoning and provide recommendations for consideration during the detail design of the growth areas prepared as part of the DCP.

 

The results of the Assessment found no major issues which would prevent the area from being considered for future urban growth, however it has provided a number of recommendations which will be important during the preparation of the DCP for the area.

 

The recommended asset protection zones produced in the Bushfire Hazard Assessments are provided below in Figure 7.

 

Figure 7

 

Traffic

 

The landholders engaged Better Transport Futures to examine the traffic requirements of the VUGA. The primary matter for consideration of this investigation was the staging of any future development in relation to the upgrading of the Pacific Highway and the provision of the highway interchange at the southern entrance to the VUGA.

 

The consultant was requested to examine the capacity of the existing intersections of Valla Road, Cow Creek Road and Boggy Creek Road should development be proposed prior to the upgrading of the Pacific Highway. Based on preliminary analysis, the consultants recommend that theses intersections would require upgrading but could accommodate up to 400 residential lots off Valla Road. Council subsequently required the consultant to review this as Council's key objective of the VUGA is the release of employment lands initially with some complimentary residential land release.

 

The Consultant reviewed their report and concluded that the existing Boggy Creek Road intersection will require some upgrade works to accommodate a proportionate amount of Employment Lands Traffic in the initial construction and release stage. Discussions have been held with representatives from the RTA ? Pacific Highway upgrade division and they have indicated that depending upon the timing of the works, the level of upgrade may not be at the maximum but at a level to provide adequate safety for the interim period and may be incorporated into the proposed heavy vehicle rest area in this location.

 

Should the Highway Upgrade commence prior to development then the major entrance into the Valla Urban Growth Area will be via the Nambucca Heads interchange which is positioned at the south eastern extent of the growth area.

 

The consultant concludes that there are no major traffic issues that would prevent the VUGA from progressing further. In addition to this, the consultant recommends that prior to development a road hierarchy plan should be prepared. Council will require this plan to be prepared as part of the DCP investigations.

 

However a basic concept road hierarchy plan for Stage 1 was provided in the traffic assessment. It is reproduced in Figure 8 below.

 


Figure 8

 

Contamination

 

The landholders engaged Coffey Geotechnics to undertake a preliminary investigation to potential contamination on Lot 19 DP 755560, Lot 1 DP 823624 and Lot 1 DP 253772 Valla, as the land is identified in Council?s contaminated lands register as having a former gold mine on the site.

 

The report found a number of Areas of Environmental Concern (AEC) which were identified in Figure 4 of the Coffey Geotechnics report and is reproduced below as Figure 9 below:

 

?????????????? Potential natural mineralisation;

?????????????? Former banana plantations;

?????????????? Abandoned Arscenic Mine; and

?????????????? Former Horticulture and Small Crops;

 

The consultants also recommend that further Phase 2 investigations be undertaken into these areas should they be identified for future development. It is proposed that these additional investigations will be undertaken as part of the DCP preparation.

 


Figure 9

 

 

Preliminary Geotechnical and Acid Sulphate Soil Investigation

 

The landholders engaged Coffey Geotechnics to undertake a Preliminary Geotechnical and Acid Sulphate Soil Investigation on Lot 19 DP 755560, Lot 1 DP 823624 and Lot 1 DP 253772 Valla.

 

The results of the report indicate that the land is unlikely to contain actual Acid Sulphate Soils or potential Acid Sulphate Soils, and as such recommend that an Acid Sulphate Soils - Plan of Management is not required.

 

The consultants also recommend that the site will be suitable for future development subject to the following additional investigations:

 

?????????????? A test pit and borehole investigation to asses subsurface conditions;

?????????????? Further investigations into and locate the old mine workings;

?????????????? A more detailed investigation in Acid Sulphate Soils on any low lying areas required to be disturbed as part of future works;

?????????????? Further investigation into pavement design and site classification prior to development.

 

It is anticipated that these additional investigations will be undertaken as part of the DCP process, as well as for future development applications or construction certificate phases of future development.

 

Flooding

 

Council in association with the Department of Environment and Heritage has engaged WMA Water to prepare the Deep Creek Flood Study which will encompass the catchment of the VUGA. Although this study was commenced some time ago the flood study is yet to be completed, the primary reason for this has been the availability of LiDAR.

 

In July 2011 Council received LiDAR for the area and the flood study has recommenced with an anticipated completion by December 2011.

 

It is noted that the results of the flood study can be incorporated into the final design of the growth area prior to finalising this LEP amendment or alternatively through the DCP process. Should Council not be in a position to incorporate the results of the flood study into this planning proposal prior to it being finalised then Council will initiate a planning proposal to refine the zoning of land prior to the DCP being operational.

 

Community Needs Assessment

 

The landholders engaged Richard Cardew (Cardew Consulting) to prepare a Community Needs Assessment for the VUGA. This report broadly looks at the potential demographics of the VUGA and Nambucca Shire in general in order to determine what community facilities and other requirements the community may require or provide within the Growth Area.

 

The conclusions of this report are broad, and will be taken into account during the preparation of the DCP as necessary.?

 

Servicing

 

Council engaged de Groot & Benson Pty Ltd to investigate servicing for water and sewer in the VUGA [Attached].

 

In terms of water servicing it has been recommended that a water reservoir be provided within the VUGA. The maximum level the reservoir could be located at would be 70mAHD, therefore the maximum serviceable level in the area would be restricted to 50mAHD near the reservoir and 40mAHD at the extremities of the Growth area. Should design of the system incorporate a pumping station then the supply area could be increased.

 

de Groot & Benson Pty Ltd recommend the preferred treatment of sewerage for the VUGA occur at the Nambucca STP, which is presently being augmented to accommodate a population of 15000 persons. The design of the current augmentation is such that it can later be upgraded to accommodate 20000 persons. These design figures take into account projected growth provided in the VUGA.

 

Recommended Land Use Zones

 

Based on the results of the investigations contained in this report and the report prepared by Charles Hill Planning, Council has prepared a draft landuse planning map for Stage 1. The planning zones have been corrected from the consultants maps and figures using the latest available aerial photos and LiDAR and are identified in Figures 10 & 11 below .

 

The draft map provides the following:

 

?????????????? B2 Local Centre (10ha) ? (this zone is likely to include some mixed use)

?????????????? B7 Business Park (9ha)

?????????????? IN2 General Industrial (52ha)

?????????????? R1 General Residential (65ha) @ 12 Lots per Hectare (780 Lots)

?????????????? E4 Environmental Living (17ha)

?????????????? E3 Environmental Management (74ha)

 

With the above zones it is anticipated that Stage 1 will accommodate up to approximately 1900 people and has the potential to provide some 250,000m2 of industrial, warehousing, commercial and retail floor space, which could result in some 750?1250 new jobs.

 

Notes in relation to the proposed Zones

 

?????????????? The B2 Local Centre Zone is likely to be refined to include mixed use;

?????????????? Approximately 8ha of the IN2 General Industrial Zones will be occupied by the Pacific Highway Upgrade;

?????????????? The E4 Environmental Living Zone has been used above the 50m contour approximately. This is to reduce development densities in the areas closest to the remnant vegetation in more visual locations of the site that may have alternative servicing requirements to supply water;

?????????????? As part of the preparation of the DCP and contributions plan for the area Council will need to give consideration to open space requirements which have not been included as part of this planning proposal. As an estimate of open space for residential land in the growth area, Councils DCP 2010 requires 70sqm of open space to be dedicated for each new residential lot. Should 780 lots be achieved in the residential zone then an estimated 5.4ha of open space would be required. It is noted that this figure does not include estimates of open space requirements for environmental living or local centre/ mixed use zones.

?????????????? Land in the vicinity of the proposed Highway Interchange will be retained as a rural zone at this stage. Further modifications to these zones may occur as the Highway Upgrade progresses and the interchange is completed.

?????????????? Minor adjustments to the zone boundaries may occur to take into account the availability of LiDAR. For example Council has used LiDAR to indicate the location of water courses and riparian areas (zoned E3 Environmental Management). Further processing of the LiDAR may result in minor adjustments to the boundaries.

 


Figure 10

Figure 11


Development Control Plan and Contributions Plan

 

Should Council resolve to proceed with the Planning Proposal and the Draft LEP amendment, it will be identified as an Urban Release Area and prior to any development occurring on the land, the matters identified in section 6 of the Nambucca LEP 2010 will be required to be addressed.

 

The Nambucca LEP 2010 Section 6 requires, among other things, the following matters to be addressed:

 

6.2???? Development control plan

 

(1)????? The objective of this clause is to ensure that development on land in an urban release area occurs in a logical and cost-effective manner, in accordance with a staging plan and only after a development control plan that includes specific controls has been prepared for the land.

(2)????? Development consent must not be granted for development on land in an urban release area unless a development control plan that provides for the matters specified in subclause (3) has been prepared for the land.

(3)????? The development control plan must provide for all of the following:

????????? (a)????? a staging plan for the timely and efficient release of urban land making provision for necessary infrastructure and sequencing,

????????? (b)????? an overall transport movement hierarchy showing the major circulation routes and connections to achieve a simple and safe movement system for private vehicles, public transport, pedestrians and cyclists,

????????? (c)????? an overall landscaping strategy for the protection and enhancement of riparian areas and remnant vegetation, including visually prominent locations, and detailed landscaping requirements for both the public and private domain,

????????? (d)????? a network of passive and active recreational areas,

????????? (e)????? stormwater and water quality management controls,

????????? (f)?????? amelioration of natural and environmental hazards, including bushfire, flooding and site contamination and, in relation to natural hazards, the safe occupation of, and the evacuation from, any land so affected,

????????? (g)????? detailed urban design controls for significant development sites,

????????? (h)????? measures to encourage higher density living around transport, open space and service nodes,

????????? (i)?????? measures to accommodate and control appropriate neighbourhood commercial and retail uses,

????????? (j)?????? suitably located public facilities and services, including provision for appropriate traffic management facilities and parking.

 

Addressing these matters will assist Council in refining the uses within the growth area zones and result in an additional Planning Proposal to adjust the land use zones where necessary. Specifically the following additional LEP amendments will be required once the DCP detail has been prepared:

 

?????????????? Refining the land use zones;

?????????????? Adding Floor Space Ratio Maps;

?????????????? Adding Height of Building Maps;

?????????????? Adding Lot Size Maps;

 

A Section 94 Contributions Plan will also be prepared to accompany the DCP. The refined Land Use Zones, DCP and Contributions Plan will be exhibited together once prepared.

 

The proposed rezoning in its current form will provide some certainty to the future development of land and assist land owners, developers and council to move forward with detailed Master Planning.

 


CONSULTATION:

 

Section 62 consultation was undertaken in accordance with the requirements of the Environmental Planning and Assessment Act 1979.

 

Consultants engaged by the two main landholders

Landholders within the entire Valla Urban Growth Area

Consultants engaged by Council.

Government Agencies and Service providers

Department of Planning and Infrastructure

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

The studies undertaken by both the landholder consultants and Council's consultants have undertaken a comprehensive review of the Environmental, Social and Economic impacts and benefits of the proposed rezoning for the Valla Urban Growth Area and the broader Nambucca Local Government Area

 

Social

The studies undertaken by both the landholder consultants and Council's consultants have undertaken a comprehensive review of the Environmental, Social and Economic impacts and benefits of the proposed rezoning for the Valla Urban Growth Area and the broader Nambucca Local Government Area

 

Economic

The studies undertaken by both the landholder consultants and Council's consultants have undertaken a comprehensive review of the Environmental, Social and Economic impacts and benefits of the proposed rezoning for the Valla Urban Growth Area and the broader Nambucca Local Government Area

 

Risk

Council has continued to support the Valla Urban Growth Area as its main area to accommodate and provide for additional employment and residential land within the shire. Should Council withdraw its support now there would be limited locations and resources available to pursue Employment Lands in alternative sites. This may have a detrimental result on the supply of medium and short term employment lands within the shire.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

To assist in finalising the specialist investigations of the study area $50,000 was made available for this project from General Fund through the Strategic Planning budget. Other funding has come from the state government Planning Reform Fund Round 6 and the Department of State and Regional Development.

 

Notwithstanding the above, it is proposed that any Council funds dedicated to the project will be reclaimed by way of a Section 94 Contributions Plan at the development stage.

 

Source of fund and any variance to working funds

 

The funds for Council's contributions have come from General Fund, and external grants from the Department of Planning and Infrastructure and the Department of State and Regional Development

 

Attachments:

1View

?- CIRCULARISED DOCUMENTS (Councillors Only) - Colour A3 copies of all figures in report

 

2View

25966/2008 - Preliminary Service Advice - de Groot & Benson Pty Ltd

 

??


General Purpose Committee - 14 September 2011

Valla Urban Growth Area - Planning Proposal

 

 

 

 

 

Placeholder for Attachment 1

 

 

 

Valla Urban Growth Area - Planning Proposal

 

 

 

CIRCULARISED DOCUMENTS (Councillors Only) - Colour A3 copies of all figures in report

 

??Pages

 


General Purpose Committee - 14 September 2011

Valla Urban Growth Area - Planning Proposal

 





General Purpose Committee??????????????????????????????????????????????????????????????????????????????????????? 14 September 2011

Director Environment & Planning's Report

ITEM 9.2????? SF135????????????? 140911???????? Report on Draft Supplementary State of the Environment Report 2010-2011

 

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

 

Summary:

 

Council is required to prepare a State of the Environment Report each year, this year being a supplementary report to the 2008/9 Comprehensive SoE.

 

 

Recommendation:

 

1??????? That the draft 2010/2011 State of the Environment Report be placed on public exhibition for a period of twenty eight (28) days from 19 September 2011 to 17 October 2011.

 

2??????? That at the conclusion of the exhibition period, a further report in response to any submissions received, be prepared and presented to Council prior to the adoption of the Draft State of the Environment Report.

 

 

OPTIONS:

 

1??????? Draft 2009/2010 State of the Environment Report be placed on exhibition for public comment as recommended.

 

2??????? The Draft 2009/2010 State of the Environment Report not be placed on public exhibition.

 

 

DISCUSSION:

 

The Department of Local Government issued on 8 August, a Circular (11-18) that advised Group 2 and 3 Councils Annual Reporting Requirements are set out in the historical version of the Local Government Act 1993 (the Act) (section 428) and the Local Government (General) Regulation 2005 (the Regulation) (Part 9, Division 7), and Group 2 and 3 councils are required to prepare a supplementary State of the Environment report for 2010-11 and submit this to the Division by 30 November 2011 (see section 428(2)(c) of the Act and clause 217(2) of the Regulation (historical version)).Therefore this year?s report will be a supplementary report.

 

The draft report is missing some state agency data which will be added after the exhibition period, but prior to Council?s endorsement in November. This is due to the staggering of group 1, 2 & 3 Councils to the new IPR requirements and many state agencies have not been prepared for group 2&3 requests for information.

 

Notwithstanding, the supplementary report for the 2010/2011 year will include some community/ stakeholder input and be placed on public exhibition in accordance with Council?s resolution in November 2007.

 

Preparation of the Nambucca Shire Council State of the Environment Supplementary Report for the financial year 2010/2011 (circularised) involves the same format as the 2007/2008 SoE and incorporates the changes from the 2008/2009 report such as; section numbering, photographs streamlined over the document, for ease of reading. The document still includes easy-to-read statistical data that is updated annually and documenting recent environmental improvement projects.

 

This 2010/2011 supplementary report is an update of the eight environmental sectors: land, water, air, biodiversity, waste and resource recovery, noise, Aboriginal and non-Aboriginal heritage and this year includes a new section called 'living sustainably'. This is the old human settlement section without the community data as this is reported on in a separate community report and thus, will reduce duplication.

This supplementary report is to be read in conjunction with the comprehensive State of The Environment Report from 2008-2009.

 

The report summarises the physical and social attributes of the Nambucca Shire environment while identifying the human impacts on our local environment in a financial year. It also provides information on activities conducted by Council and the community to protect and restore the Nambucca Shire environment, and is essentially a mechanism for reporting on progress towards environmental sustainability. Comparing SoE reports from year to year enables Council to see improvements and identify areas that need attention in all sectors of the local environment. This then assists Council to further protect the health and diversity of the environment for the benefit of current and future generations.

 

In consultation with community, regional, state and national agencies, 68 (22 Regional & 46 Shirewide) environmental indicators were developed to best represent and measure Council?s progress in these key areas year to year and to monitor Council?s movement toward achieving sustainability goals. An environmental indicator is an aspect of the natural or built environment that can be monitored to provide information on environmental conditions eg volume of water consumed, number of pollution incidents reported.

 

Details of on-ground environmental activities, such as improvements to waste management and processes to improve air quality, are documented in the report. Details of progress relating to the Nambucca River Management Plan and other such projects are also documented.

 

 

CONSULTATION:

 

Director Environment and Planning

Manager Health and Building

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

This is a report on the state of the Nambucca Shire?s environment.

 

Social

The report is designed for the community to read and understand what the state of the environment is like in their Shire with clear remediation actions.

 

Economic

There is no economic assessment.

 

Risk

No risk identified.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

There are no perceived direct impacts on budgets.

 

Source of fund and any variance to working funds

 

No variation is sought.

 

Attachments:

1View

?- CIRCULARISED DOCUMENT - DRAFT Supplementary SoE Report 2010-2011

 

??


General Purpose Committee - 14 September 2011

Report on Draft Supplementary State of the Environment Report 2010-2011

 

 

 

 

 

Placeholder for Attachment 1

 

 

 

Report on Draft Supplementary State of the Environment Report 2010-2011

 

 

 

CIRCULARISED DOCUMENT - DRAFT Supplementary SoE Report 2010-2011

 

??Pages

 


General Purpose Committee??????????????????????????????????????????????????????????????????????????????????????? 14 September 2011

Director Environment & Planning's Report

ITEM 9.3????? SF1418??????????? 140911???????? Lower Nambucca Flood Study Review - 100 Year ARI 2100 Climate Change Peak Flood Map

 

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

 

Summary:

 

The Lower Nambucca Flood Study Review has been on exhibition and back through the Nambucca River, Creeks, Estuaries and Coastline Management Committee where the Committee recommended to Council that the Flood Study be endorsed.

 

When the Minutes were presented to Council at its 1 September 2011 meeting the recommendations were expanded and included a recommendation that in addition to the endorsement of the Lower Nambucca Flood Study Review, Council utilise the new 100 year ARI 2100 Climate Change Peak Flood Levels for all future developments and infrastructure considerations within the area covered by the Lower Nambucca Flood Study

 

Council however, deferred this recommendation to allow a further report on clarification of levels and impacts to come to the next General Purpose Committee. One of the discussion points was the effect this will have on the new B7 Business Park zone applied under the Nambucca Local Environmental Plan 2010 for an area in the Lower Nambucca.

 

This report addresses these matters.

 

 

Recommendation:

 

That Council utilise the new 100 year ARI 2100 Climate Change Peak Flood Levels (Fig 6-7) from the Lower Nambucca Flood Study Review as its Flood Planning Levels for all future development and infrastructure considerations within the area covered by the Lower Nambucca Flood Study.

 

 

OPTIONS:

 

Council could choose not to adopt the 100 year ARI 2100 Climate Change Peak Flood Levels as its revised Flood Planning Levels for the Lower Nambucca and engage the services of appropriately qualified consultants to provide Council with the basis and justification of the "exceptional circumstances" and the levels it proposes to adopt.

 

 

DISCUSSION:

 

Background

 

Council applied for funding in June 2008, under the NSW Floodplain Management Funding Program to undertake an updated Lower Nambucca Flood Study. Council received advice that its funding application was successful and Council resolved to accept the funding in December 2008.

 

At the Nambucca Estuary and Coastline Management Committee meeting held on 13 May 2009 the committee recommended to Council that SKM be appointed to undertake an Updated Flood, Hydraulic and Hydrological Study for the Lower Nambucca. This was subsequently endorsed by Council at its 21 May 2009 Council meeting.

 

The updated Flood Study was delayed due to a number of issues including the floods of 2009 and 2010, the need to digitise some historical data by the Department of Environment and Climate Change and the promise of the supply of LiDAR data which would have assisted the final reports during 2010.

 

Notwithstanding, the Draft report was finalised (with only limited LiDAR material) in early 2011 and presented to the Nambucca River, Creeks, Estuaries & Coastline Management Committee at its 13 May 2011 meeting when Mr Greg Rogencamp from SKM gave the Committee an overview and presentation of the findings and outcome from the Flood Study Review. The Committee recommended to Council that the Draft Lower Nambucca Flood Study Review be placed on Public Exhibition for a period of at least 30 days. Council subsequently endorsed this recommendation at its 2 June 2011 meeting.

 

The Draft Lower Nambucca Flood Study Review was placed on exhibition from 17 June until 18 July 2011. An advertisement was placed in the Guardian News on 16 June 2011 advising of the exhibition of the Draft Study and that the Draft Study could be viewed at the Nambucca Heads and Macksville Libraries as well at the Council's Administration Centre and on Council's Website. In addition, a Media Release was issued by the Mayor and appeared in the Guardian News on 23 June 2011 which identified that the Draft Study included new Flood Maps and once the Flood Study is adopted by Council these new maps would be the Reference maps for development controls for areas affected by the one-in-a-hundred years flood.

 

No submissions were received during the exhibition period and a report was prepared for the Nambucca River, Creeks, Estuaries & Coastline Management Committee for its 12 August 2011 meeting when the Committee resolved That the Committee recommend to Council that the Draft Lower Nambucca Flood Study Review be endorsed. The subsequent recommendation to Council endeavoured to embellish this recommendation and a specific resolution was formulated to ensure that the 100 year ARI 2100 Climate Change Peak Flood Level map was identified to provide clear direction to staff and the community as to the Food Planning Levels (FPL) for all future development and considerations of designs for future infrastructure. This recommendation will also provide greater certainty when Council issues Section 149 Certificates in the Lower Nambucca Area covered by this Flood Study. At the moment the resolution of Council from June 2009 applies which is a very general statement placing considerable responsibility back to a potential landowner/developer to address the impacts of Climate Change including Sea Level Rise.

 

Current Situation and Requirements

 

Currently, flood levels are identified via the 1994 Lower Nambucca Flood Study and the 1999 Lower Nambucca River Floodplain Management Study which have been incorporated into the Nambucca Shire Council Floodplain Risk Management Plan 2005 (NSCFRMP).

 

The 100 year ARI flood levels from the 1994 Flood Study and 1999 Management Study are used for a range of purposes. Through the NSCFRMP the 100 year ARI levels and the Flood Hazard Maps are combined to develop a Flood Risk Planning Matrix which established varying building and development controls depending on a properties location in regard to the 100 year ARI and also the Hazard definition assigned to the particular site. The Matrix Table and Floor level development controls are reproduced below with the whole Matrix Table and Development Controls being attached:

 


Table A1

 

HIGH RISK AREAS

MEDIUM RISK AREAS

LOW RISK AREAS

Up to & Including 1% AEP Flood and within Floodway

UP to & Including 1: AEP Flood and Outside Floodway

1% AEP to Extreme Flood

Essential Comm Facilities

Subdivision and Filling

New Residential

New Commerical or Industrial

Redevelopment

Infill Development

Additions

Essential Comm Facilities

Subdivision and Filling

New Residential

New Commerical or Industrial

Redevelopment

Infill Development

Additions

Essential Comm Facilities

Subdivision and Filling

New Residential

New Commerical or Industrial

Redevelopment

Infill Development

Additions

A ? Floor Level

x

x

x

x

1,2

1,2

4

x

-

1

2

1,2

1,2

4

3

-

-

-

-

-

-

B ? Building Materials

x

x

x

x

1

1

1

x

-

1

1

1

1

1

2

-

-

-

-

-

-

C ? Structural Soundness

x

x

x

x

1

1

1

x

3

1

1

1

1

1

2

-

-

-

-

-

-

D ? Flood Affectation

x

x

x

x

1

1

1

x

2

2

2

2

2

2

2

-

-

-

-

-

-

E ? Evacuation/Access

x

x

x

x

3

3

3

x

1

1

3

3

3

3

2

-

3

3

3

3

3

F ? Flood Awareness

x

x

x

x

1,2

1,2

1,2

x

2

2

1,2

1,2

1,2

1,2

-

-

2

2

2

2

2

G ? Management & Design

x

x

x

x

1,2,3

1,2,3

1,2,3

x

4

3

1,2,3

1,2,3

1,2,3

1,2,3

-

-

-

-

-

-

-

 

Notes: ????? X Unsuitable for Land use?????????????????????? Refer to the 1994 Lower Nambucca River Flood Study and 1999 Floodplain Management

??????????????? - Not Applicable???????????????????????????????????? Study for figures depicting flood levels and hazard categories respectively

?????????????????????????????????????????????????????????????????????????? Assume PMF = Extreme flood level for the purposes of these controls

 

CONTROLS:

 

A ? Floor Level

1

All habitable floor levels to be equal to or greater than the 1% SEP flood plus 0.5m (freeboard).

2

Floor levels equal to or greater than 1% AEP (if practical). Alternatively, storage areas to be provided at the 1% AEP level.

3

All floor levels to be equal to or greater than the extreme flood level.

4

Floor levels to be as close to the design floor level as practical and no lower than the existing floor level when an addition to an existing building.

 

The Draft Lower Nambucca Flood Study Review includes a number of Hydraulic and Hydrological diagrams and calculations which will be used to review the Hazard Risks when the NSCFRMP is reviewed following the completion of the Flood Study currently being undertaken by WMA Water for the RTA.

 

The determination of the High, Medium and Low Hazard risks, along with determination of what will define a Floodway and Flood Storage area etc will include consideration of the flood water depths and the flow velocities amongst other considerations.

 

As can be seen from the above Table and the Floor Level controls, no new development is currently permitted with a Floodway/High Risk Area. Redevelopment and Infill development are permitted in a High Risk Area provided floor levels are at or above the 100 year ARI level (if practical). Alternatively storage areas are provided at the 100 year ARI level. For Additions in High Risk areas the Matrix provides considerable discretion.

 

In Medium Risk Areas, development is permissible for most forms of development except Essential Community Facilities. Unfortunately there is no specific definition in the NSCFRMP, nor, is there a definition in the NSW Government Floodplain Management Manual 2005 on which the NSCFRMP is based.

 

However, the NSCFRMP does define what Critical Facilities are:

 

Critical Facilities ? uses and facilities to be included in this category would include: SES HQ, Police Stations, Fire Stations (including rural bushfire), Ambulance Stations, Hospitals, Public Halls, Intensive Aged Care, Nursing Homes, Telephone Exchanges, Telecommunication Repeaters, Flood Evacuation Centres and Flood Refuges, Critical Service Facility Components (e.g. essential components of sewage treatment works, essential water supply reservoirs).

 

Council considered a report at its 16 April 2009 meeting regarding the NSW Government's Draft Policy Statement on Sea Level Rise and subsequently resolved.

 

??????????? That Council note the initial submission submitted by the Director Environment and Planning.

 

??????????? That Council adopt the predicted sea level rise of 40cm to 2050 and 90cm to 2100 for all landuse planning and infrastructure design and investment as outlined in the NSW Draft Policy Statement on Sea Level Rise.

 

??????????? That Council pursue both State and Federal Governments for financial and technical assistance to assist Council in managing potential impacts due to sea level rise and review of its flood inundation maps and data.

 

4????????? That Council seek a legal opinion on how it should advise the effect or impact of the NSW State Government Policy Statement on Sea Level Rise under Question 7 on a Planning Certificate (S149) where Council has limited information on land that may be affected by a sea level rise of 40cm to 2050 and 90cm to 2100. Further, that advice on a specific disclaimer be sought.

 

Council sought advice from Deacons in regard to the above resolution and dealt with this at its 18 June 2009 meeting when it resolved:

 

??????????? That Council provide the following response to questions 7 & 7A on any Section 149 Certificates that it issues until more detailed and specific information and guidelines are prepared by the relevant Government Agencies.

 

"On 16 April 2009 the Council adopted the benchmark figure of predicted seal level rise of 40cm to 2050 and 90cm to 2100 for all landuse planning and infrastructure design and investment as outlined in the New South Wales Government Draft Policy Statement on Sea Level Rise".

 

??????????? That Council include the following disclaimer on any publications including, but not limited to Policies, Development Control Plans, Management Plans etc that may relate to Sea Level Rise.

 

"On 16 April 2009 the Council adopted the benchmark figure of predicted sea level rise of 40cm to 2050 and 90cm to 2100 for all landuse planning and infrastructure design and investment as outlined in the New South Wales Government Draft Policy Statement on Sea Level Rise. While Council has taken all care in forming its view on the Benchmark figure, sea level change is an inexact science, the understanding and calculation of which is constantly changing, and Council therefore disclaims all liability for reliance on such Benchmark figure of predicted Sea Level Rise and therefore parties should rely on their own investigations and calculations in this regard".

 

The above statement has been included on all Section 149 Certificates since the resolution of Council.

 

The latter disclaimer statement is and will be included in Policies, Development Control Plans and Management Plans that relate to Sea Level Rise as they are produced.

 

In August 2010, the Department of Environment, Climate Change and Water (DECCW) issued the Flood Risk Management Guide ? Incorporating sea level rise benchmarks in flood risk assessments. The introduction of this guide provides that "This guide has been prepared to assist local councils, the development industry and consultants to incorporate the sea level rise planning benchmarks in floodplain risk management planning and flood risk assessment for new development".

 

The Guideline identifies in Part 3 where Sea Level Rise is likely to impact on Flood Levels. It states that the areas where sea level rise planning benchmarks are likely to have an impact on predicted flood levels. This includes areas in the vicinity of tidal waterways, including ICOLLs. In particular, this is likely to apply if the land is (amongst other identified scenarios) below 4metres Australian Height Datum (AHD). Much of the Lower Nambucca Floodplain is below the 4m AHD as referred to above.

 

Part 4 of the guideline refers to the Projected Changes to Flood Planning Areas. This part discusses the 500mm freeboard and that it provides a factor of safety. However the guideline does state that the freeboard should not be used to allow for sea level rise impacts, instead these should be quantified and applied separately and provides a diagram to depict this.

 

The guideline states that Where flood modelling has been undertaken, it can be updated to include the sea level rise planning benchmarks or a conservative assumption can be made about sea level rise impacts. Where the site is below 4m AHD, an appropriate conservative assumption to estimate the 1% AEP flood level considering sea level rise is to add the sea level rise planning benchmarks to the 1% AEP flood level relevant to the site. Site-specific modelling should be undertaken to refine this approach where warranted, for example, where additional development controls would be applied as a result, and/or where the area was to be shown in a local environmental plan.

 

As Council's Flood Studies do not take into account the impacts associated with Climate Change (such as sea level rise and rain and storm intensities) Council would, based on the above advice require the application of the 400mm (2050) and 900mm (2100) predicted sea level rise to the current 100year ARI levels for properties below 4m AHD to identify the site specific design flood level.

 

The Draft Lower Nambucca Flood Study review considers the impact of Climate Change and flooding and identifies that for the Nambucca River the increased sea level does have a major impact at the mouth of the river, decreasing up the river as the floodplain widens. What it identifies is in the predicted 100 year ARI flood event with the 2100 Climate Change scenario, the flood water height at the mouth is likely to be approximately 3.3m AHD (1.2m increase above the current 100 year ARI predicted level) reducing to a 700mm increase at Watt Creek . The 100 year ARI flood event with the 2050 Climate Change scenario suggests that the flood water height at the mouth is likely to be 2.8m AHD (0.7m increase above the current 100 year ARI predicted level) reducing to a 600mm increase at Watt Creek.

 

At the Council meeting on 1 September 2011 Councillors discussed what the "physical impacts" of this are likely to be on the ground and sought some further explanation for land in the Lower Nambucca and in particular the land recently zoned B7 Business Park and if the existing level of the motor vehicle show room was above the new identified 100 year ARI 2100 Climate Change Peak Flood Level.

 

With the use of the recently acquired LiDAR data, maps have been prepared (see circularised maps) which provides considerable accuracy and 0.250m contours. From the LiDAR data, two maps have been prepared for the B7 zoned land:

 

1????????? Land below 3m AHD (nearest contour to the area identified as being at or below the current 100 year ARI flood height of 2.9m AHD)

2????????? Land below 3.5m AHD (identified new 100 year ARI with 2100 Climate Change scenario)

 

The LiDAR identifies that the existing motor vehicle display yard is approximately 4m AHD. This is also confirmed in the preliminary flood investigations undertaken through the process of Draft LEP Amendment 47 for this area. It is envisaged that the current level of the car display yard would be used as the maximum bench mark to ensure that any filling does not cause drainage problems for this operator.

 

Requirements of Nambucca LEP 2010:

 

The land now zoned B7 Business Park pursuant to the Nambucca Local Environmental Plan 2010 was originally identified through Draft LEP Amendment 47 under the former NLEP 1995.

 

The Department of Planning then identified the locality in the Mid North Coast Regional Strategy as Proposed Employment Lands with Indicative areas of High Constraints within the Local Growth Area Map 5 - Nambucca. As an area identified under the Mid North Coast Regional Strategy ? Parts 6.2 and 6.3 of NLEP 2010 apply.

 

These Parts require the preparation of a Development Control Plan before any further development may occur on the identified land.

 

6.2???? Development control plan

 

(1) ???? The objective of this clause is to ensure that development on land in an urban release area occurs in a logical and cost-effective manner, in accordance with a staging plan and only after a development control plan that includes specific controls has been prepared for the land.

 

(2) ???? Development consent must not be granted for development on land in an urban release area unless a development control plan that provides for the matters specified in subclause (3) has been prepared for the land.

 

(3) ???? The development control plan must provide for all of the following:

 

(a) ???? a staging plan for the timely and efficient release of urban land making provision for necessary infrastructure and sequencing,

(b) ???? an overall transport movement hierarchy showing the major circulation routes and connections to achieve a simple and safe movement system for private vehicles, public transport, pedestrians and cyclists,

(c) ???? an overall landscaping strategy for the protection and enhancement of riparian areas and remnant vegetation, including visually prominent locations, and detailed landscaping requirements for both the public and private domain,

(d) ???? a network of passive and active recreational areas,

(e) ???? stormwater and water quality management controls,

(f) ????? amelioration of natural and environmental hazards, including bushfire, flooding and site contamination and, in relation to natural hazards, the safe occupation of, and the evacuation from, any land so affected,

(g)????? detailed urban design controls for significant development sites,

(h) ???? measures to encourage higher density living around transport, open space and service nodes,

(i) ????? measures to accommodate and control appropriate neighbourhood commercial and retail uses,

(j) ????? suitably located public facilities and services, including provision for appropriate traffic management facilities and parking.

 

(4) ???? Subclause (2) does not apply to any of the following development:

 

(a) ???? a subdivision for the purpose of a realignment of boundaries that does not create additional lots,

(b) ??? a subdivision of land if any of the lots proposed to be created is to be reserved or dedicated for public open space, public roads or any other public or environmental protection purpose,

(c) ???? a subdivision of land in a zone in which the erection of structures is prohibited,

(d) ???? proposed development on land that is of a minor nature only, if the consent authority is of the opinion that the carrying out of the proposed development would be consistent with the objectives of the zone in which the land is situated.

 

6.3?????? Relationship between Part and remainder of Plan

 

A provision of this Part prevails over any other provision of this Plan to the extent of any inconsistency.

 

As a consequence of rezoning the subject Lower Nambucca land B7 Business Park pursuant to NLEP 2010, the further development of the land cannot occur until such time as the above Part 6.2 has been addressed.

 

The preparation of the Lower Nambucca Flood Study Review will be a completed component of the requirements of Part 6.2 (3) (f) and will only require the consideration of the filling of the land below the identified Flood Level.

 

Conclusion

 

By adopting the 100 year ARI 2100 Climate Change Peak Flood Height Maps as the new Planning Flood levels for all future developments and infrastructure considerations within the area covered by the Lower Nambucca Flood Study, Council will provided considerable certainty for landowners, developers and consultants as well as Council staff when discussing, designing and assessing proposals and applications, as well as clearly advising those landowners within the Lower Nambucca Flood Study area on Section 149 Certificates.

 

Council will not incur any liability for adopting the new 100 year ARI 2100 Climate Change Peak Flood Height Maps in accordance with the provisions of the Local Government Act Section 733 -Exemption from Liability which is reproduced below.

733??? Exemption from liability?flood liable land, land subject to risk of bush fire and land in coastal zone

(1)????? A council does not incur any liability in respect of:

(a)????? any advice furnished in good faith by the council relating to the likelihood of any land being flooded or the nature or extent of any such flooding, or

(b) ???? anything done or omitted to be done in good faith by the council in so far as it relates to the likelihood of land being flooded or the nature or extent of any such flooding.

(2) ???? A council does not incur any liability in respect of:

(a) ???? any advice furnished in good faith by the council relating to the likelihood of any land in the coastal zone being affected by a coastline hazard (as described in a manual referred to in subsection (5) (b)) or the nature or extent of any such hazard, or

(b) ???? anything done or omitted to be done in good faith by the council in so far as it relates to the likelihood of land being so affected.

(2A) ?? A council does not incur any liability in respect of:

(a) ???? any advice furnished in good faith by the council relating to the likelihood of any land being subject to the risk of bush fire or the nature or extent of any such risk, or

(b) ???? anything done or omitted to be done in good faith by the council in so far as it relates to the likelihood of land being subject to the risk of bush fire.

(3) ???? Without limiting subsections (1), (2) and (2A), those subsections apply to:

(a)????? the preparation or making of an environmental planning instrument, including a planning proposal for the proposed environmental planning instrument, or a development control plan, or the granting or refusal of consent to a development application, or the determination of an application for a complying development certificate, under the Environmental Planning and Assessment Act 1979, and

(b) ???? the preparation or making of a coastal zone management plan, or the giving of an order, under the Coastal Protection Act 1979, and

(c) ???? the imposition of any condition in relation to an application referred to in paragraph (a), and

(d) ???? advice furnished in a certificate under section 149 of the Environmental Planning and Assessment Act 1979, and

(e) ???? the carrying out of flood mitigation works, and

(f) ????? the carrying out of coastal management works, and

(f1) ??? the carrying out of bush fire hazard reduction works, and

(f2) ??? anything done or omitted to be done regarding beach erosion or shoreline recession on Crown land, land within a reserve as defined in Part 5 of the Crown Lands Act 1989 or land owned or controlled by a council or a public authority, and

(f3) ??? the failure to upgrade flood mitigation works or coastal management works in response to projected or actual impacts of climate change, and

(f4) ??? the failure to undertake action to enforce the removal of illegal or unauthorised structures that results in erosion of a beach or land adjacent to a beach, and

(f5) ??? the provision of information relating to climate change or sea level rise, and

(f6) ??? anything done or omitted to be done regarding the negligent placement or maintenance by a landowner of emergency coastal protection works authorised by a certificate under Division 2 of Part 4C of the Coastal Protection Act 1979, and

(g)????? any other thing done or omitted to be done in the exercise of a council?s functions under this or any other Act.

(4) ???? Without limiting any other circumstances in which a council may have acted in good faith, a council is, unless the contrary is proved, taken to have acted in good faith for the purposes of this section if the advice was furnished, or the thing was done or omitted to be done, substantially in accordance with the principles contained in the relevant manual most recently notified under subsection (5) at that time.

(5) ???? For the purposes of this section, the Minister for Planning may, from time to time, give notification in the Gazette of the publication of:

(a) a manual relating to the management of flood liable land, or

(b) a manual relating to the management of the coastline, or

(c) a manual relating to the management of land subject to the risk of bush fire.

The notification must specify where and when copies of the manual may be inspected.

(6) ???? A copy of the manual must be available for public inspection, free of charge, at the office of the council during ordinary office hours.

(7) ???? This section applies to and in respect of:

(a) ???? the Crown, a statutory body representing the Crown and a public or local authority constituted by or under any Act, and

(b) ???? a councillor or employee of a council or any such body or authority, and

(c) ???? a public servant, and

(d) ???? a person acting under the direction of a council or of the Crown or any such body or authority,

in the same way as it applies to and in respect of a council.

(8) ???? In this section:

????????? coastal management works includes the placement and maintenance of emergency coastal protection works.

????????? coastal zone has the same meaning as in the Coastal Protection Act 1979, and includes land previously in the coastal zone under that Act and land that adjoins the tidal waters of the Hawkesbury River, Sydney Harbour and Botany Bay, and their tributaries.

????????? manual includes guidelines.

 

The Department of Planning had previously issued a Section 117 Direction to Council's - Circular PS 07 -003 dated 31 January 2007 (attached) pursuant to Section 733(4) and (5) of the LG Act as outlined above. This 117 Direction came with a revised set of guidelines to be considered in conjunction with the Floodplain Development Manual ? the Management of Flood Liable Land 2005.

 

Council's resolution of 16 April 2009 when it adopted the benchmark figure of predicted sea level rise of 40cm to 2050 and 90cm to 2100 for all landuse planning and infrastructure design and investment as outlined in the New South Wales Government Draft Policy Statement on Sea Level Rise, along with the Floodplain Development Manual ? the Management of Flood Liable Land 2005 and the S117 direction PS 07 ? 003 have been used as the basis for the recommendation of the adoption of the 100 year ARI 2100 Climate Change Peak Flood Height maps as the basis for its Flood Planning Level for all lands at or below the identified flood height within the Study area.

 

Should Council determine a lesser Flood Planning Level (FPL) on land identified within the revised flood study area, Council may need to engage the services of appropriately qualified consultants to provide Council with the basis and justification of the "exceptional circumstances" should it not adopt the recommendation for the 100 year ARI 2100 Climate Change Peak Flood Height maps.

 

 

CONSULTATION:

 

MANEX

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

The Lower Nambucca Flood Study Review identifies areas likely to be affected by a flood event which may have an environmental impact in the locality.

 

Social

 

The Lower Nambucca Flood Study Review identifies areas likely to be affected by a flood event which may have a social impact on those property owners in the locality. In addition, the Flood height maps will provide certainty for landowners and developers affected by flooding.

 

Economic

 

The Lower Nambucca Flood Study Review identifies areas likely to be affected by a flood event which may have an economic impact on those property owners in the locality. The revised Flood height maps have identified a higher level of flooding which may incur additional costs to landowners for new development to build above the revised flood levels.

 

Risk

 

The Lower Nambucca Flood Study Review has identified additional areas likely to be affected by a flood event with the impacts of Climate Change. Therefore Council will be protected by Section 733 of the Local Government Act where it acts in accordance with the advice it has been presented which incorporates guidelines issued by the Department of Planning.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

Not applicable.

 


Source of fund and any variance to working funds

 

Not applicable.

 

Attachments:

1View

?- CIRCULARISED DOCUMENTS - COUNCILLORS ONLY - LiDAR Data Land Elevation Maps (x2)

 

2View

24710/2011 - Flood Risk Planning Matrix - Summary of Building and Development Codes

 

3View

24903/2011 - Planning Circular - New Guideline Sec 117 Regulation on Flood Prone Land

 

??


General Purpose Committee - 14 September 2011

Lower Nambucca Flood Study Review - 100 Year ARI 2100 Climate Change Peak Flood Map

 

 

 

 

 

Placeholder for Attachment 1

 

 

 

Lower Nambucca Flood Study Review - 100 Year ARI 2100 Climate Change Peak Flood Map

 

 

 

CIRCULARISED DOCUMENTS - COUNCILLORS ONLY - LiDAR Data Land Elevation Maps (x2)

 

??Pages

 


General Purpose Committee - 14 September 2011

Lower Nambucca Flood Study Review - 100 Year ARI 2100 Climate Change Peak Flood Map

 

Summary of Building and Development Controls

 

 

HIGH RISK AREAS

MEDIUM RISK AREAS

LOW RISK AREAS

Up to & Including 1% AEP Flood and within Floodway

UP to & Including 1: AEP Flood and Outside Floodway

1% AEP to Extreme Flood

Essential Comm Facilities

Subdivision and Filling

New Residential

New Commerical or Industrial

Redevelopment

Infill Development

Additions

Essential Comm Facilities

Subdivision and Filling

New Residential

New Commerical or Industrial

Redevelopment

Infill Development

Additions

Essential Comm Facilities

Subdivision and Filling

New Residential

New Commerical or Industrial

Redevelopment

Infill Development

Additions

A ? Floor Level

x

x

x

x

1,2

1,2

4

x

-

1

2

1,2

1,2

4

3

-

-

-

-

-

-

B ? Building Materials

x

x

x

x

1

1

1

x

-

1

1

1

1

1

2

-

-

-

-

-

-

C ? Structural Soundness

x

x

x

x

1

1

1

x

3

1

1

1

1

1

2

-

-

-

-

-

-

D ? Flood Affectation

x

x

x

x

1

1

1

x

2

2

2

2

2

2

2

-

-

-

-

-

-

E ? Evacuation/Access

x

x

x

x

3

3

3

x

1

1

3

3

3

3

2

-

3

3

3

3

3

F ? Flood Awareness

x

x

x

x

1,2

1,2

1,2

x

2

2

1,2

1,2

1,2

1,2

-

-

2

2

2

2

2

G ? Management & Design

x

x

x

x

1,2,3

1,2,3

1,2,3

x

4

3

1,2,3

1,2,3

1,2,3

1,2,3

-

-

-

-

-

-

-

 

Notes:? ???? X Unsuitable for Land use?????????????????????? Refer to the 1994 Lower Nambucca River Flood Study and 1999 Floodplain Management

??????????????? - Not Applicable???????????????????????????????????? Study for figures depicting flood levels and hazard categories respectively

?????????????????????????????????????????????????????????????????????????? Assume PMF = Extreme flood level for the purposes of these controls

 

CONTROLS:

 

A ? Floor Level

1

All habitable floor levels to be equal to or greater than the 1% SEP flood plus 0.5m (freeboard).

2

Floor levels equal to or greater than 1% AEP (if practical). Alternatively, storage areas to be provided at the 1% AEP level.

3

All floor levels to be equal to or greater than the extreme flood level.

4

Floor levels to be as close to the design floor level as practical and no lower than the existing floor level when an addition to an existing building.

 

B ? Building Materials

1

All structures to have flood compatible building materials below or at the 1% AEP flood level ? see Nambucca Shire Council Flood Proofing Code.

2

All structures to be constructed of flood compatible materials below or at the extreme flood level ? see Nambucca Shire Council Flood Proofing Code.

 

C ? Structural Soundness

1

Engineer?s Report to provide any structure subject to a flood up to & inc the 1% AEP Flood level can withstand the force of floodwater, debris & buoyancy.

2

Engineers Report to prove any structure subject to a flood up to & inc the extreme flood level should withstand the force of floodwater, debris & buoyancy.

3

Geotechnical Engineer?s Report required to specify appropriate filling/earthworks and the means of retention of batters against scouring/erosion.

 

D ? Flood Affectation

1

Engineer?s Report required to prove that the development will not increase flood affectation elsewhere.

2

The impact of the development on flood affectation elsewhere to be considered.

 

E ? Evacuation/Access

1

Reliable access to flood free land for pedestrians and vehicles required during a 1% AEP flood.

2

Reliable access for pedestrians and vehicles required at or above the extreme flood level.

3

Consideration required regarding an appropriate flood evacuation strategy and pedestrian/vehicular access route for both before and during a flood.

 

F ? Flood Awareness

1

S149(2) Certificates to notify affectation by the 1% AEP flood.

2

S149(2) Certificates to notify affectation by the extreme flood.

 

G ? Management & Design

1

Flood plan required where flood floor levels are below the design flood level.

2

Applicant to demonstrate that there is an area where goods may be stored above the 1% AEP flood level plus 0.5m (freeboard) during floods.

3

No external storage of materials below the 1% AEP flood level plus 0.5m (freeboard) which may be potentially hazardous during floods.

4

Applicant to demonstrate that potential development as a consequence of a subdivision proposal can be undertaken in accordance with this Policy.

 

 


General Purpose Committee - 14 September 2011

Lower Nambucca Flood Study Review - 100 Year ARI 2100 Climate Change Peak Flood Map

 








?


General Purpose Committee??????????????????????????????????????????????????????????????????????????????????????? 14 September 2011

Director of Engineering Services Report

ITEM 10.1??? SF1031??????????? 140911???????? Review of Various Policies Relating to Noxious Weeds and Animals

 

AUTHOR/ENQUIRIES:???? Tim Woodward, Noxious Weeds Inspector ????????

 

Summary:

 

A draft Noxious Weeds and Invasive Plants Policy has been prepared for Council to review with the intention that it replaces the following:

 

1??????? Policy - Noxious Weeds and Animals ? Control of Noxious Weeds (TRIM 25291/2007)

2??????? Policy - Noxious Weeds and Animals ? Advertising Spraying (TRIM 25290/2007)

 

The following plans also require review and adoption for an additional term:

 

3??????? Pesticide Use Notification Plan ? Adopted 15 March 2007 (TRIM 6650/2007)

4??????? Class 4 Noxious Weeds ? Plan of Management (TRIM 6372/2008)

5??????? Policy ? Noxious Weeds and Animals ? Delegated Authority Noxious Weeds Act 1993 (TRIM 25292/2007)

 

The current Pesticide Notification Plan has been implemented for the last 4 years, with very few complaints received by Council throughout this period.

 

Councillors comments were sought and are attached for information. Amendments have been made where appropriate.

 

 

Recommendation:

 

1??????? That Council place the Draft Noxious Weeds and Invasive Plants Policy (TRIM 12179/2011) on public exhibition for a period of 28 days for public comment.

2??????? That Council place the amended Pesticide Use Notification Plan on public exhibition for a period of 28 days for public comment.(TRIM 25060/2011).

3??????? That a further report be provided to Council following the public exhibition period for the Draft Noxious Weeds and Invasive Plants Policy and the Pesticide Use Notification Plan.

4??????? That Council adopt the amended Class 4 Noxious Weed Plan of Management for a further 2 year period, pending changes to the Class 4 Weed legislation by the NSW Department of Primary Industries (TRIM 25062/2011).

5??????? That Council adopt the amended Policy ? Noxious Weeds and Animals ? Delegated Authority Noxious Weeds Act 1993 (TRIM 25059/2011).

 

 

OPTIONS:

 

1??????? Council approve the policies and plans with amendments.

 

2??????? Council not approve the policies and plans with amendments.

 

 

DISCUSSION:

 

The Nambucca Shire Council is recognised as the Local Control Authority (LCA) by the NSW Department of Primary Industries (NSW DPI) to ensure that all land owners/occupiers within the Nambucca Shire Council area are meeting their legal obligations as prescribed by the Noxious Weed Act 1993.? Council is also required to meet their responsibilities with regards to pesticide use and notification within Council owned or managed lands and structures throughout the Nambucca Shire.

 

Invasive plants cause approximately $4 Billion dollars damage to agricultural production per year, with no known current value on the loss of biodiversity as a direct result of invasive plant species. There are approximately 100 plant species declared as Noxious Weed species within the Nambucca Shire, with many more environmental weed species also present that threaten our unique biodiversity, including areas of high conservation value, and recognised ecological endangered communities (such as Littoral Rainforests).

 

The related policy and plans aim to provide Council and Council employees with a sound understanding of their legal requirements and to also provide direction on the management of invasive plant species on Council, private and other public lands within the Nambucca Shire Local Government area.

 

It is suggested that Council adopt the amended Plan of Management for Class 4 Noxious Weeds (TRIM??..) for a further 2 year period, as the NSW Department of Primary Industries (DPI) is currently in the process of reviewing the Noxious Weed Act, including the current arrangements for Control Class 4 Noxious Weeds managed by this Plan.

 

External funding for weed management is currently provided by the NSW DPI for the implementation of the regional North Coast Weeds Action Program (NCWAP) which aims to meed the desired outcomes of the NSW Invasive Species Plan (2008-2015). The Nambucca Shire Council has agreed to and signed a Memorandum of Understanding with the North Coast Weeds Advisory Committee to deliver the NCWAP outcomes.

 

The current Pesticide Notification Plan has been implemented for the last 4 years, with very few complaints received by Council throughout this period. Regular advertising has been placed in the local newspapers regarding planned control programs, including broad scale control of weeds within the Council managed road reserve system and annual broad leaf weed control within many of Council?s parks and reserves. Priority is given to herbicides that have the least environmental impact, where technically feasible, such as glyphosate based herbicides that are ?frog friendly? and registered for use by the Australian Pesticides and Veterinary Medicines Authority in aquatic situations, such as Biactive Round-up and Weed Master Duo.

 

 

CONSULTATION:

 

??????????? Director Engineering Services

??????????? Manager Civil Works

??????????? Parks and Reserves Supervisor

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

Invasive plants, including declared Noxious Weeds, threaten biodiversity, agricultural production, and some have health implications for humans and animals alike.

 

Social

 

Invasive plants can have direct health implications and can also affect the aesthetic value of an area. Pesticide use in public areas can be a highly contentious issue for some sections of the community.? The Pesticide Notification Plan ensures the public is empowered with knowledge when pesticide use is planned and also provides a Council contact for any questions they may have regarding pesticide use by Council employees or approved sub-contractors.

 


Economic

 

Adoption of the draft policy and plans will have a positive economic benefit to the wider community through reducing the threat by invasive plant species in areas of high conservation value and retain the high number of tourists that frequent our area for its unique biodiversity.

 

Risk

 

The policies and plans attached to this report ensure that Council meets State and Local Government legislative requirements with regards to Noxious Weed Management and Pesticide use within the Nambucca Shire Council Local Government Area.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

There is no impact on the current or future budgets.

 

Source of fund and any variance to working funds

 

Not applicable.

 

Attachments:

1View

24667/2011 - Councillors comments - Draft Invasive Plants Policy

 

2View

12179/2011 - DRAFT Noxious Weeds and Other Invasive Plants Policy - 2011

 

3View

24689/2011 - Councillors comments - Policy - Noxious Weeds and Animals Advertising Spraying

 

4View

25058/2011 - REVIEW OF POLICY - Noxious Weeds and Animals - Advertising Spraying - Amended September 2011

 

5View

25061/2011 - REVIEW OF POLICY - Noxious Weeds and Animals - Control of Noxious Weeds - Amended September 2011

 

6View

24691/2011 - Councillors comments -? Pesticide Use Notification Plan

 

7View

25060/2011 - REVIEW OF Pesticide Use Notification Plan - Amended September 2011

 

8View

24692/2011 - Councillors comments - Noxious Weeds Plan of Management

 

9View

25062/2011 - REVIEW OF Plan of Management for Class 4 Noxious Weeds - Amended September 2011

 

10View

24693/2011 - Councillors comments - Noxious Weeds and Animals - Delegated Authority Noxious Weeds Act

 

11View

25059/2011 - REVIEW OF POLICY - Noxious Weeds and Animals - Delegated Authority Noxious Weeds Act 1993 - Amended September 2011

 

12View

?- Circularised documents - Copy of all policies and plans showing tracked changes

 

??


General Purpose Committee - 14 September 2011

Review of Various Policies Relating to Noxious Weeds and Animals

 

Comments from Councillors in regard to DRAFT INVASIVE PLANTS POLICY

 

 

Page Number

Proposed Changes/Comments/Questions

Staff Response

P2

4.0

Weed Mgmt on private land

1st para ? How will Council?s Noxious Weeds Officer raise awareness?

 

Suggest this should be ?Council, in particular Council?s Noxious Weeds Officer will raise awareness.....? as it is the responsibility of councillors and staff to raise awareness wherever the opportunity arises.

 

2nd para? - How will Council ?ensure? private property owners or occupiers will control noxious weed in accordance with their obligations as prescribed within the Noxious weeds Act?

 

This section needs to be expanded further ?as weed management on private property is fundamental to success of any Council program ie ?Council will ensure private property owners or occupiers will control noxious weed in accordance with their obligations as prescribed within the Noxious Weeds Act through ....??? ?inspections, ?other process etc.

 

Also there should be a link to the policy on the weeds page (which is very good) on the website.? There are already links to a number of other related docs on the website page but only a reference to Council?s policy.

Accept change

 

 

 

Activities are described in more detail under Sect 8 of the policy add through inspections and serving notices as detailed in Section 8.

 

 

 

Link to be investigated.

 

P2

History

3rd para

Should specify which of the old policies is being superseded by this amalgamated one.

Noted. This policy supersedes Noxious Weeds and Animals ? Control of Noxious Weeds and Advertising Spraying.

P7

Noxious weed advisory committee

Last sentence needs to be more generic eg ?NSC holds two positions on the North Coast Noxious Weeds Advisory Committee, one filled by a staff member, usually Council?s Noxious Weeds Officer and one by a Councillor,? elected by Council each year?.

Accept change to the last sentence.

P7

Staff

Suggest reword to ?Duties of Council?s Noxious Weed Officer include:?

The way the draft is worded ie ?Council will employ...?(emphasis added) could be seen to be locking Council in to ensuring the position ? not that I don?t consider the role a vital one.

Staff title should be consistent ie Inspector or Officer ? both are used in the draft.

 

Council has a requirement to employ a Noxious Weed Inspector as it is Councils responsibility to implement the Noxious Weed Act as the recognised Local Control Authority.

Decline suggested change.

Change Officer to Inspector throughout the Policy

P8

contractors

Add

 

?Council will require contractors to ensure all environmental protection precautions with regard to herbicide spraying in particular in relation to spraying in proximity to watercourse will be adhered to?.

 

?Council?s Noxious Weeds Officer will undertake random audits of contractor work in regard to appropriate use of herbicides in close proximity to watercourses.? Inappropriate herbicide use history will be considered at contract tender review time.?

Accept additions.

P8

Inspectorial activities

Last paragraph .

Support the intent of this statement but who will undertake these inspections?? This would need to be captured in the Management Plan as an action.? Perhaps keeping an email lst of all commercial nurseries within the Shire could save time and resources.? Council could send out a NOTICE OF NEW LISTING for information.

Part of Noxious Weed Inspectors standard duties.

P 9

Weed Control Program

This section should include reference to Council?s Pesticide Use Notification Plan.

Paragraph 3 makes reference to the Pesticide use notification plan.

Reference should also be made to the importance of NOT spraying herbicides in close proximity to watercourses.?

Noted and will be included in Safe work Method Statements and Standard Operating Procedures.

 

3rd para ? Complaints handling should be a separate subsection also and more specifically laid out.? Complaints should be placed in TRIM allocated a number and the NW Officer should action the complaint and provide feedback to the complainant asap.

 

Not always the Noxious Weed Officers responsibility as other sections of Council also use pesticides. Often complaints are made to external body (EPA) and then communicated via these officers, complainants are often unknown so very little information can be stored in TRIM.

Council should regularly review its weed control methods to ensure they are up to date in terms of environmental best practice.

Noted

I am wondering about the name of this policy. Most of the Policy is devoted to noxious weeds and, although these are a subset of invasive plants, the current title is a little misleading. Would it be better to rename the policy: Noxious Weeds and Other Invasive Plants?

 

Accept change

Page 7

Staff

Change starting words of dot points to verbal nouns eg inspecting, preventing, alerting, liaising, implementing.

Accept changes

1

1.0? Policy objective ? Capital ?O? for Objective

First para, second line ? suggest rewording to the following (or something similar) ??..and manage other invasive plant species.?

Add 1993 and the management of?..

1

2.0? Related legislation ? Capital ?L? for Legislation

Accept change

2

4.0? Policy statement ? capital ?S? for Statement

Second para, second line ? suggest adding the word ?pose? or ?create? before the words ?potential health implications?

Accept change

Add pose potential ?.

3

5.0? Control Categories

Noxious Weed Control

Suggest rewording the first line to the following or something similar ? ?As the Local Control Authority (LCA), Council aims to cooperate with private ??

Weed Control Orders

Fourth dot point ? add the word ?in? before ?particular circumstances,?

6.0

 

Accept change

 

Accept change

4

Third para, second line ? ?or the State? should read ?of the State?

Accept change

7

First dot point ? suggest rewording to the following or something similar: ?Identify and manage high risk species and pathways?

Third dot point ? suggest adding the word ?Ensure? at the beginning of the sentence

Sixth dot point ? suggest rewording to the following or something similar: ?Motivate private landholders to manage ?.?

Seventh dot point ? add comma after ?of? and after ?in?

Ninth dot point ? suggest deleting ?Ability to?

Eleventh dot point ? suggest addition of ?Ensure? or another verb at the beginning of the sentence.

Last dot point ? change ?Identification and rioritization of? to ?Identify and prioritise?

Accept? all changes

 

 

7

Staff

Second dot point should begin with? ?To advise and assist landholders ??

Accept change

 


 

8

8.0? Inspectorial Activities

First para, sixth line ? add comma after ?and?

Second para, first line ? add comma after ?out?

First dot point, second line ? lower case for ?noxious weeds? so that consistency is maintained throughout the document.

Second dot point, first line ? add comma after ?implemented?

Third dot point, third line ? after the word ?extension? suggest adding the words ?of time?

Fourth dot point, third line ? suggest rewording so that it reads ??..carry out the work at the expense of the land owners/occupiers.?

Accept all changes

10

Containment ? Reducing Spread

Add ?This is? at beginning of first line (for consistency with rest of document)

Accept change

10

Asset protection ? Protecting What Is Important ? Capital ?P? for Protection, lower case for ?what? and ?is?

Second para, third line ? suggest deleting the word ?Council?.? Lower case for ?noxious weeds? so that consistency is maintained throughout the document.

Accept changes

10

Class 1 and 2 Weeds

First para, first line ? change ?Councils Noxious Weed inspector? to ?Council?s Noxious Weed Inspector?

Second para, first line ? Change ?Council Noxious Weed Officer? to ?Council?s Noxious Weed Officer?

Accept changes

11

Class 3 Weeds

First para, first line ? lower case for ?Vacant?

Accept change

 


General Purpose Committee - 14 September 2011

Review of Various Policies Relating to Noxious Weeds and Animals

 

 

 

 

 

NAMBUCCA SHIRE COUNCIL

DRAFT POLICY

NOXIOUS WEEDS AND OTHER INVASIVE PLANTS

 

 

 

Function:? Engineering Services

 

 

Adopted:?

Last reviewed:?

 

 

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.?

 

 

1.0?????? Policy Objective

 

The objective of Council's Noxious Weeds and Other Invasive Plants Policy is to describe how Council will achieve its responsibilities under the Noxious Weed Act 1993, and the management of other invasive plant species.

 

 

2.0?????? Related Legislation

 

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

????? Native Vegetation Act, 2003

????? Noxious Weed Act, 1993

????? Occupational Health and Safety Act, 1983

????? Pesticide Act, 1993

????? Pesticides Regulation, 1995

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

????? Rural Fires Act, 1997

????? Threatened Species Conservation Act, 1995

 

 

3.0?????? Definitions

 

Noxious Weed ? is a plant currently declared as Noxious under the Noxious Weed Act 1993.

 

Weed Action Program - Council has signed a Memorandum of Understanding with the NSW North Coast Weeds Advisory Committee (NCWAC) to deliver the requirements of the Weed Action Program (WAP) in accordance with the NSW Department of Primary Industries.

 

Invasive Plant Species - are defined as plants that occur outside of their natural distribution area, and pose a threat to biodiversity.

 

Environmental Weeds - are defined as plants that invade native ecosystems and adversely affect the survival of indigenous flora and fauna.

 

 

4.0?????? Policy Statement

 

The aim of Council's Noxious Weeds and Other Invasive Plants Policy is to eradicate, reduce, or contain invasive plants including Noxious Weeds so as to reduce the threat to the environment, agriculture and the community.

 

Invasive plant species, including those declared within the Noxious Weed Act, 1993, can have a negative impact on the environment, agricultural production and pose potential health implications to both people and animals. Weed management is an essential activity within all lands to meet the requirements of State legislation, the community?s expectation to manage invasive plant species and to also meet Council?s commitment to Ecologically Sustainable Development.

 

Weed Management On Private Property

 

Council, in particular, Council?s Noxious Weeds Inspector will raise awareness of private land owners or occupiers to the presence of noxious and other invasive plant species within lands under their management.

 

Council will ensure private property owners or occupiers control noxious weeds in accordance with their obligations as prescribed within the Noxious Weed Act (1993) through inspections and serving notices as detailed in Section 8.

 

Development Control

 

Council will require amendments to be made to landscape plans submitted as part of Development Applications where they include or retain declared noxious weeds, known environmental weeds or invasive plant species.

 

 

5.0???? History

 

The following policies and related documents are currently in force within the Nambucca Shire Local Government area:

 

1??????? Policy - Noxious Weeds and Animals ? Control of Noxious Weeds (TRIM 25291/2007)

2??????? Policy - Noxious Weeds and Animals ? Advertising Spraying (TRIM 25290/2007)

3??????? Policy - Noxious Weeds and Animals ? Delegated Authority Noxious Weeds Act 1993 (TRIM 25292/2007)

4??????? Pesticide Use Notification Plan - Adopted 15 March 2007 (TRIM 6650/2007)

5??????? Class 4 Noxious Weeds - Plan of Management (TRIM 6372/2008)

 

It is intended that the Noxious Weeds and Other Invasive Plants Policy will supersede the following policies:

 

???????? Policy ? Noxious Weeds and Animals ? Control of Noxious Weeds

???????? Policy ? Noxious Weeds and Animals ? Advertising Spraying

 

and rationalise the Noxious Weed Policies adopted by Council.?

 

Further, this Policy together with the Delegated Authority Noxious Weeds Act 1993, the Pesticide Notification Plan and the Class 4 Noxious Weeds Plan of Management aims to provide Council and Council employees with a sound understanding of their legal requirements and to also provide direction on the management of invasive plant species on Council, private and other public lands within the Nambucca Shire Local Government area.

 

The current Pesticide Notification Plan has been implemented for the last 4 years, with very few complaints received by Council throughout this period.

 

The Class 4 Noxious Weeds Plan of Management has been implemented since March 2006 and the NSW Department of Primary Industries is currently reviewing the legislation surrounding Control Class 4 Noxious Weeds.

 

 

6.0???? Control Categories

 

Noxious Weed Control

 

As the Local Control Authority (LCA) Council aims to cooperate with private owners/occupiers of land and public authorities to meet the legal requirements as outlined in the Noxious Weed Act 1993.

 

Weed Control Orders

 

The Minister may, by order published in the Gazette, make a weed control order for a specified plant.

 

A weed control order is to do the following:

 

????? Declare that the plant is a noxious weed,

????? Apply a weed control class or classes to the plant,

????? Specify the land (being part or whole of the State) to which the order applies,

????? Specify the control measures that are to be, or may be, used to control the plant in general or in particular circumstances,

????? Specify the control objectives for the plant,

????? Specify the term of the order (being a period not exceeding 5 years).

 

Section 8 of the Noxious Weed Act 1993 defines the control classes applied to a plant by a weed control order.

 

The Noxious Weeds Act 1993 (as amended) specifies five classes of noxious weeds.

 

Weed Control Classes

 

The following weed control classes may be applied to a plant by a weed control order:

 

Class 1 - State Prohibited Weeds

Class 2 - Regionally Prohibited Weeds

Class 3 - Regionally Controlled Weeds

Class 4 - Locally Controlled Weeds

Class 5 - Restricted Plants

 

The characteristics of each class are as follows:

 

Class 1 noxious weeds are plants that pose a potentially serious threat to primary production or the environment and are not present in the State or are present only to a limited extent.

 

Class 2 noxious weeds are plants that pose a potentially serious threat to primary production or the environment of a region to which the order applies and are not present in the region or are present only to a limited extent.

 

Class 3 noxious weeds are plants that pose a serious threat to primary production or the environment of an area to which the order applies, are not widely distributed in the area and likely to spread in the area or to another area.

 

Class 4 noxious weeds are plants that pose a threat to primary production or the environment or human health, are widely distributed in an area to which the order applies and are likely to spread in the area or to another area.

 

Class 5 noxious weeds are plants that are likely, by their sale or the sale of their seeds or movement within the State or an area of the State, to spread in the State or outside the State. A noxious weed that is classified as a Class 1, 2 or 5 noxious weed is referred to in the Act as a notifiable weed. (Vegetative or seed material cannot be offered for sale).

 

Weed Control Order Number 19 defines the control objectives and action required under each of the five control categories.

 

Control Categories:

 

The following Control Classes apply to noxious weeds in the Nambucca Shire Council area:

 

Class 1: The plant must be eradicated from the land and the land must be kept free of the plant. Owners or occupiers of land must notify Nambucca Shire Council within 3 days after becoming aware that the weed is present.

 

Class 2: The plant must be eradicated from the land and the land must be kept free of the plant. Owners or occupiers of land must notify Nambucca Shire Council within 3 days after becoming aware that the weed is present.

 

Class 3: The plant must be continuously suppressed and destroyed.

 

Class 4: The growth and spread of the plant must be controlled according to the measures specified in a management plan published by the Local Control Authority.

 

Class 5: Owners or occupiers of land must notify Nambucca Shire Council of the presence of the weed on land or land for sale within 3 days after becoming aware that the weed is present.

 

The weeds declared noxious within the Nambucca Shire Council are:

 

Class 1

 

Anchored water hyacinth

Eichhornia azurea

Black knapweed

Centaurea nigra

Broomrapes

Orobanche species

Chinese violet

Asystasia gangetica subspecies micrantha

East Indian hygrophila

Hygrophila polysperma

Eurasian water milfoil

Myriophyllum spicatum

Hawkweed

Hieracium species

Horsetail

Equisetum species

Hymenachne

Hymenachne amplexicaulis

Karoo thorn

Acacia karoo

Kochia

Bassia scoparia (except subspecies trichophylla)

Lagarosiphon

Lagarosiphon major

Mexican feather grass

Nassella tenuissima

Miconia

Miconia species

Mimosa

Mimosa pigra

Parthenium weed

Parthenium hysterophorus

Pond apple

Annona glabra

Prickly acacia

Acacia nilotica

Rubbervine

Cryptostegia grandifolia

Senegal tea plant

Gymnocoronis spilanthoides

Siam weed

Chromolaena odorata

Spotted knapweed

Centaurea maculosa

Water caltrop

Trapa species

Water lettuce

Pistia stratiotes

Water soldier

Stratiotes aloides

Witchweed

Striga species except native species and Striga parviflora

Yellow burrhead

Limnocharis Flava

 

Class 2

 

Alligator weed

Alternanthera philoxeroides

Hygrophila

Hygrophila costata

 

Class 3

 

Broad-leaf Pepper Tree

Schinus terebinthifolius

Chinese Celtis

Celtis sinensis

Chinese tallow tree

Triadica sebifera

Giant rat?s tail grass

Sporobolus pyramadalis

Green cestrum

Cestrum parqui

Groundsel bush

Baccharis halimifolia

Honey locust

Gleditsia triacanthos

Kudzu

Pueraria lobata

Mysore thorn

Caesalpinia decapetala

Salvinia

Salvinia molesta

Tropical Soda Apple

Solanum viarum

Water hyacinth

Eichornia crassipes

Yellow bells

Tecoma stans

 

Class 4

 

Arrowhead

Sagittaria montevidensis

Bathurst / Noogoora / Californian / Cockle burrs

Xanthium species

Bitou bush

Chrysanthemoides monilifera subspecies rotundata

Blackberry

Rubus fruticosus aggregate species

Boneseed

Chrysanthemoides monilifera subspecies monilifera

Bridal Creeper

Asparagus asparagoides

Camphor laurel

Cinnamomum camphora

Chilean needle grass

Nassella neesiana

Columbus grass

Sorghum x almum

Crofton weed

Ageratina adenophora

Fireweed

Senecio madagascariensis

Giant Parramatta grass

Sporobolus fertilis

Harrisia cactus

Harrisia species

Johnson grass

Sorghum halepense

Lantana

Lantana species

Leafy elodea

Egeria densa

Lippia

Phyla canescens

Long Leaf Willow Primrose

Ludwidgia longifolia

Mistflower

Ageratina riparia

Pampas grass

Cortaderia species

Prickly pear

Cylindropuntia species, Opuntia species except O. ficusindica

Privet (Broad-leaf)

Ligustrum lucidum

Privet (Narrow-leaf / Chinese)

Ligustrum sinense

Rhus tree

Toxicodendron succedaneum

Serrated tussock

Nassella trichotoma

Spiny burrgrass

Cenchrus incertus and longispinus

 

Class 5

 

African feathergrass

Pennisetum macrourum

African turnipweed

Sisymbrium runcinatum

African turnipweed

Sisymbrium thellungii

Annual ragweed

Ambrosia artemisiifolia

Artichoke thistle

Cynara cardunculus

Athel tree

Tamarix aphylla

Bear-skin fescue

Festuca gautieri

Burr ragweed

Ambrosia confertiflora

Cabomba

Cabomba caroliniana

Cayenne snakeweed

Stachytarpheta cayennensis

Clockweed

Gaura parviflora

Corn sowthistle

Sonchus arvensis

Dodder

Cuscuta species

Espartillo

Achnatherum brachychaetum

Fine-bristled burr grass

Cenchrus brownii

Fountain grass

Pennisetum setaceum

Gallon?s curse

Cenchrus biflorus

Glaucous starthistle

Carthamus glaucus

Golden thistle

Scolymus hispanicus

Mexican poppy

Argemone mexicana

Mossman River grass

Cenchrus echinatus

Red rice

Oryza rufipogon

Sagittaria

Sagittaria platyphylla

Smooth-stemmed turnip

Brassica barralieri subspecies oxyrrhina

Soldier thistle

Picnomon acarna

Texas blueweed

Helianthus ciliaris

Willows

Salix species? except S. babylonica, S. x rechardtii, S. x calodendron

Yellow nutgrass

Cyperus esculentus

 

Council is responsible for implementing the Noxious Weeds Act within the Shire by promoting best weed management practice within both private and public lands. Council staff will pursue a co-operative approach to land managers to promote effective weed management programs within their lands and offer education and extension material to assist with choosing suitable control techniques.

 

 

7.0???? Resources

 

Financial

 

Council has accepted and signed an Memorandum of Understanding with the NSW North Coast Weeds Advisory Committee to deliver the requirements of the North Coast Weeds Action Program. The Weed Action Program (WAP) is a 5 year project (2010 ? 2015), which aims to meet the outcomes of the NSW Invasive Species Plan (ISP). WAP outcomes are cooperatively funded by the NSW Department of Industry and Investment, and Council funds, and aim to:

 

???????? Identify and manage high risk species and pathways identified and managed (ISP 1.1)

???????? Develop and implement early detection capabilities

???????? Ensure timely detection of new weed incursions (ISP 2.1)

???????? Provide a rapid response to eradicate or contain new weeds (ISP 2.2)

???????? Provide effective and targeted on-ground control (ISP 3.2)

???????? Motivate private landholders motivated to manage invasive species proactively (ISP 4.2)

???????? Increase community acceptance of, and involvement in, effective weed management (ISP 4.3)

???????? Increase the skill of the workforce implementing weed management (ISP 4.5)

???????? Measure the effectiveness of invasive species management (ISP4.6)

???????? Improve knowledge base for invasive species management (ISP 4.7)

???????? Ensure Government manages high priority invasive species on public land (ISP4.1)

???????? Identify and prioritise management programs where benefits are the greatest (ISP 3.1)

 

The Nambucca Shire Council will also apply for any funding that is available through other avenues (such as the Catchment Management Authority) for the control of noxious and environmental weeds within the Local Control Authority.

 

Council also applies for annual unmatched weed control grants from the Department of Lands for the control of noxious weeds within vacant Crown Lands.

 

Noxious Weeds Advisory Committee

 

Council is a member of the North Coast Noxious Weeds Advisory Committee, which is made up of stakeholder groups that deal with Noxious Weeds, such as Forests NSW, National Parks and Wildlife Service and other Councils from the Nambucca Valley to the Queensland border. Nambucca Shire Council holds two positions on the North Coast Noxious Weeds Advisory Committee, one filled by a staff member, usually Council?s Noxious Weeds Inspector and one by a Councillor, elected by Council each year.

 

Staff

 

Council will employ a Noxious Weed Inspector whose duties will include:

 

????? Inspecting all lands within the Nambucca Shire with a view to identifying all infestations of noxious weeds.

????? To advise and assist landholders in the identification of noxious weeds and informing them of their responsibilities under the Noxious Weeds Act.

????? Preventing the spread of noxious weeds and ensure the control of existing infestations as required under the Noxious Weeds Act.

????? Alerting Council of any significant changes in the noxious weed situation in the Nambucca Shire.

????? Liaising with Officers of the Department Primary Industries and other stakeholder groups.

Implementing, oversee and coordinate the control of noxious weeds and other invasive plant species within Council?s owned or managed reserve system throughout the Nambucca Shire.

 

Contractors

 

Where required contractors will be employed to carry out weed control throughout Council?s road and public reserve system. Contractors will be required to have relevant qualifications in the application of herbicides along with other qualifications such as Chemcert, Occupational Health and Safety General Induction Card, Traffic Control, as well as meeting Council?s insurance and public liability minimum requirements and registration with Council?s Contractor Management system. Contractors will be required to submit safe working method statements, daily running sheets as well as herbicide application sheets to ensure that all legal requirements are being met.

 

Council will require contractors to ensure all environmental protection precautions with regard to herbicide spraying in particular in relation to spraying in proximity to watercourse will be adhered to.

 

Council?s Noxious Weeds Inspector will undertake random audits of contractor work in regard to appropriate use of herbicides in close proximity to watercourses.? Inappropriate herbicide use history will be considered at contract tender review time.

 

8.0???? Inspectorial Activities

 

Council endeavours to work cooperatively with all land managers to assist with the implementation of weed management plans within all lands to ensure that noxious weeds are controlled according to their Class as specified under the Noxious Weed Act. Council will provide up to date extension and education material on contemporary weed control techniques. Property owners will be advised that the information provided is for general information only and any landholder should not act on anything without considering, and, if necessary, seeking appropriate specialist advice.

 

As property inspections are carried out, details of the presence and extent of noxious weeds infestations will be recorded. This will assist in recognising problem areas and evaluating methods for achieving effective noxious weed control. Council officers will implement the following procedures to ensure that land managers are meeting their responsibilities with regards to weed management and control:

 

????? Advising land managers in person (if possible) and in writing that they are not controlling noxious weeds within their lands to a sufficient level. The advice will state a reasonable period of time (depending on the Class and biology of the plant) for control to be implemented and when a follow up inspection of the land will be carried out.

????? If a second inspection reveals that insufficient control has been implemented, a Section 18a Notice of intent to serve a weed control Notice will be issued that also states the presence of specific weeds on the property and? again outlines a reasonable period of time for control to be implemented.

????? If the subsequent inspection after the specified period of time in the Section 18a identifies that no action has been taken, a weed control order under Section 18 of the Noxious Weeds Act, will be served unless a submission in writing requesting an extension of time is received and approved by Council in the time specified in the Sect 18a Notice.

????? Failure to comply with this notice will possibly result in Council instituting legal proceedings for non compliance and/or issue of a notice under Section 20 of the Noxious Weeds Act after which Council may enter onto the property and carry out the work at the expense of the land owners/occupiers.

 

Council will also routinely inspect all nurseries, plant wholesalers and aquarium supply outlets within the Local Control Authority area. Any information such as new declarations of weeds that are not to be sold will be made available to these stakeholder groups during these routine inspections.

 

9.0???? Weed Control Program

 

Council will implement a weed control program within Council managed land that aims to target noxious weeds at a time of the year when control will be most efficient. Control methods that have the least impact on the wider environment (such as stem inject or cut stump techniques) will be utilised, where possible, and drift retardants used as required when foliar spraying within the reserve system.

 

Herbicides will be selected based on their ability to efficiently control a particular weed with consideration given to operator and environmental safety. Herbicide manufacturer?s recommendations and up to date weed control information from other sources such as NSW Department of Primary Industries will be sourced prior to herbicide selection. Only those herbicides that are registered for specific uses according to the label or minor off-label use permits as authorised by the Australian Pesticides and Veterinary Medicines Authority (APVMA) will be utilised, with preference given to herbicides that have the least environmental and OH&S impacts, where possible.

 

Priority will be also given to those herbicides that have a nil or small withholding period. Planned herbicide use will be publicised as per Council?s pesticide notification plan (TRIM 6650/2007). Any complaints or queries regarding the use of herbicides throughout the Local Control Authority will be forwarded to the responsible officer.

 

Council will cooperate with the Northern Rivers Catchment Management Authority (NRCMA), Landcare, Dunecare and other organisations that are involved in weed control and management. Council will actively pursue other funding opportunities for weed control within lands under its management. Council?s Noxious Weed Inspector will also offer assistance to the NRCMA, Landcare and other organisations that provide funding and resources for weed control within private lands, in order to achieve better weed management and control within the entire Shire.

 


Weed Control On Public Lands, Including Crown Reserves Under Council?s Management

 

The PECA Curve

 

The stages of weed management in New South Wales (NSW) can be classified into one of four categories: Prevention, Eradication, Containment and Asset Protection (PECA). These four categories can be thought of as the invasion process of a weed species from arrival through to widespread establishment. The categories can be applied to specific or local situations (in terms of control and management), or to broader weed management approaches at a regional, state or national scale, as well as to weed legislation and policies (Charlton et al 2009).

 

 

Text Box:

Prevention ? Stopping New Weed Species From Arriving

The most effective way to minimise the impacts of weeds and other invasive species is to prevent their arrival. This involves identifying species, thoroughly assessing potential invasiveness and impacts and implementing effective barriers to prevent their establishment.

Eradication ? Elimination Of All Plant Material

The eradication of a new incursion is to completely remove the species from an area so that re-colonisation is unlikely to occur.

Invasive species have the ability to establish in new areas rapidly, and successful management is directly linked to a timely and rapid response. The challenge is to develop and deploy effective ways to eradicate introduced species before they become established.

Containment ? Reducing Spread

This is weed management aimed at reducing the spread of established weed infestations using defined geographic boundaries. Containment is used when eradication is no longer feasible or possible or to prevent further spread of widespread weeds.

Asset Protection ? Protecting what is Important

This is weed management aimed at protecting assets from the impacts of established weed species. Assets may be environmental, primary production or social (human health or cultural). Control in areas with no defined assets is a low priority within core areas.

 


It is this methodology which gives a framework for weed management in NSW. This approach is recommended for managing weeds as new incursions and existing plants in the Nambucca Shire. When determining action for currently declared noxious weeds, identified environmental and future weeds will be plotted upon this curve in order to determine the appropriate strategy for management.

 

Council will implement immediate control/eradication, where possible, of all Class 1 and 2 weeds within Council managed lands as required by the Noxious Weed Act 1993

 

Council will also:

 

????? Ensure that weed management is an integral part of all major or new capital works to ensure weeds are not introduced or spread from existing infestations.

????? Participate in relevant regional weed management plans and projects.

????? Be aware of and apply for funding for weed management programs within Public lands from external sources, for example, Landcare, Northern Rivers Catchment Management Authority, Envirofund.

 

 

10.0?? Weed Management

 

Class 1 and 2 Weeds

 

Council?s Noxious Weed inspector is to be notified within 3 days of a declared Class 1 or 2 weed outbreak, as per the requirements of the Noxious Weed Act 1993.

 

Council?s Noxious Weed Officer will develop and implement a specific management strategy for all Class 1 and 2 weed outbreaks within 5 working days of becoming aware of the presence of the weed in the LCA area.

 

The weed inspector will notify the appropriate Council personnel and Department of Primary Industry staff of the outbreak.

 

A site inspection and evaluation of the extent of the outbreak will be carried out by the Noxious Weed inspector.

 

An eradication plan will be developed that endeavours to; determine the potential primary source of the weed, implement measures that may reduce the risk of reintroduction and aims to contain the outbreak to prevent further spread of the weed.

 

Mapping of infestation sites, densities and distributions will be completed to assist in future monitoring and measure the effectiveness of control programs.

 

A written report is to be submitted to Council and Department of Primary Industry staff within ten days from discovery of the weed outbreak.

 

Highest priority is given to these weed species and regular reinspection of previously infested sites will be conducted to ensure the weed has not re-emerged, post eradication.

 

Class 3 Weeds

 

All Class 3 weeds within Council managed reserves and vacant Crown Land are to be fully and continuously suppressed and destroyed. All known infestations of Class 3 weeds on public lands are to be contained, reduced in size, and eradicated where practicable.

 

Control of Class 3 weeds on within Council managed lands is to be performed effectively within Council?s budget.

 

Mapping of infestations of Class 3 weeds on public lands is to be performed.

 

Private land owners/occupiers and government authorities must fully and continuously suppress all Class 3 weeds within lands under their management.

 

Land owners / occupiers will be made aware of any Class 3 infestations within lands under their management and suitable control methods will be suggested.

 

A weed identification letter will be sent from Council to those land owner / occupiers that do not have a suitable weed management plan implemented, which outlines a time frame that control must be performed. The time frame for control will vary depending on the biology of the plant and time of seed set. The letter will also state a date that a reinspection will occur.

 

If insufficient weed control work has been conducted at the time of reinspection Council may then proceed to issue Section 18 or 20 Notices followed by legal action under the Noxious Weed Act 1993, if necessary.

 

Where large infestations occur which are beyond control in any one season, Council requires land managers to develop and implement a weed management plan, in conjunction with Councils Weed Officer, which states that the infestation must be contained and reduced in size by an agreed percentage annually, until eradication is achieved.

 

Class 4 Weeds

 

Class 4 weeds are covered under the local Class 4 Noxious Weed management plan that is to be reviewed every five years (TRIM 6372/2008). Council aims to control all Class 4 weeds on land under its management to a level that meets or exceeds the control requirements, within budgetary constraints, as outlined in the plan.

 

Private and public land managers will be encouraged to control Class 4 weeds as per the local management plan.

 

Class 5 Weeds

 

All nurseries and other potential sources from which plants or plant material could be sold will be inspected on a regular basis (3 times minimum per year) for any illegal plants or plant material that may be offered for sale.

 

Environmental Weeds

 

Council will actively promote projects such as the ?Bushland Friendly Nursery Scheme? and ?Grow Me Instead? to raise awareness of invasive plants that have the potential to become weedy, whilst offering advice on preferred alternative native species. Council will also identify areas within both public and private lands where environmental weeds are threatening areas of high conservation value that may attract funding from the CMA or other organisations.

 


General Purpose Committee - 14 September 2011

Review of Various Policies Relating to Noxious Weeds and Animals

 

Comments from Councillors in regard POLICY ? NOXIOUS WEEDS AND ANIMALS ADVERTISING SPRAYING

 

 

Page Number

Proposed Changes/Comments/Questions

Staff Response

 

Could this be advertised on Council?s website?

To be deleted.

 

 


General Purpose Committee - 14 September 2011

Review of Various Policies Relating to Noxious Weeds and Animals

 

 

 

 

 

 

NAMBUCCA SHIRE COUNCIL

POLICY

NOXIOUS WEEDS AND ANIMALS

ADVERTISING SPRAYING

 

 

 

Function:? ENGINEERING SERVICES

 

 

Adopted: 6 FEBRUARY 1997 (011)

Last reviewed:? 15 DECEMBER 2005 (075)

20 October 2010 (to be replaced)

14 September 2011 (to be replaced by Invasive Plants Policy

 

 

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.?

 

 

1.0???? Policy objective

 

2.0???? Related legislation

 

3.0?????? Definitions

 

4.0???? Policy statement

 

Notification of spraying for noxious weeds will be on radio only with a notice in the press advising to listen to the radio for details of aerial spraying.

 

5??????? History

 

At Council?s meeting on 1.6.95, Mr John Ennis, the then Noxious Weeds Control Officer, advised that the need to advertise was placing weed control aerial spraying behind as to advertise in the press before spraying when weather conditions had to be considered, was delaying spraying.? Newspaper advertising due to the lead time is often out of date which results in incorrect information.

 


General Purpose Committee - 14 September 2011

Review of Various Policies Relating to Noxious Weeds and Animals

 

 

 

 

 

 

NAMBUCCA SHIRE COUNCIL

POLICY

NOXIOUS WEEDS AND ANIMALS

CONTROL OF NOXIOUS WEEDS

 

 

 

Function:? ENGINEERING SERVICES

 

 

Adopted: 6 FEBRUARY 1997 (011)

Last reviewed:? 12 DECEMBER 2005 (076)

14 September 2011 (to be replaced by Invasive Plants Policy

 

 

1.0???? Policy objective

 

2.0???? Related legislation

 

3.0?????? Definitions

 

4.0???? Policy statement

 

That the following be adopted for control of noxious weeds:

 

1??????? RESPONSIBILITY

 

??????????? Council recognises its responsibility under the Noxious Weeds Act 1993 to control and eradicate noxious weeds in the Shire from:

 

??????????? a???? Council owned land

??????????? b???? Privately owned land

??????????? c???? Crown land

 

2????????? OBJECTIVES

 

??????????? Council will aim to:

 

a??????? obtain maximum co-operation and participation from landowners in the effective implementation of a Noxious Weeds Control Program

 

b??????? place emphasis on noxious Weeds most likely to cause the greatest economic loss, either because of their widespread presence, or ability to spread rapidly

 

c??????? keep in touch with technical and chemical advancement in noxious weed control.

 

d??????? protect desirable weeds, animal life and the environment against damage during the chemical control of noxious weeds

 

e??????? expand the current Biological Control Program of certain noxious weeds

 

f???????? provide from general revenue, any funds required to match grants offered by the State for the control of noxious weeds


 

3??????? NOXIOUS WEEDS

 

??????????? In addition to the current Notice of Proclamation published in the Government Gazette local priority will be given to the control of the following noxious weeds:

 

??????????? a??????? Groundsel Bush

??????????? b??????? Noogoora Burr

??????????? c??????? Johnson Grass

??????????? d??????? Salvinia

??????????? e??????? Giant Parramatta Grass

??????????? f???????? Fireweed

 

4????????? PROPERTY INSPECTIONS

 

??????????? The inspection of properties is an integral part of Council?s efforts to control noxious weeds.? In this process, it is considered to be very important to seek the landowner?s co-operation, which ultimately will ensure far more effective control than precise enforcement of the law.

 

??????????? Emphasis is placed on the personal approach by Council?s Inspector which has proved to be far better value than the more impersonal letters and notices.

 

??????????? In all cases, however, a confirming letter will be used to formalise the original approach and in cases of extreme reluctance to co-operate, relevant Notices under the Act will be issued and in the ultimate case, Council is prepared to use the powers of the Act in entering the land and carrying out the work itself at the owner?s expense.

 

5????????? SALE OF CHEMICALS

 

??????????? Council is not permitted by law to resell chemicals purchased at State Government Contract rates as such purchases are exempt from sales tax.

 

6????????? SPRAYING OF COUNCIL OWNED ROAD RESERVES

 

??????????? Where a property owner proposes to carry out a noxious weed spraying program within his property and the noxious weeds to be treated encroach on the adjacent road reserve, upon request to Council, the relevant roadside will be scheduled for attention at the same time.

 

7????????? CONTRACT WORK (PRIVATELY OWNED LAND)

 

??????????? Land owners who have no spray equipment to treat noxious weeds (or have insufficient knowledge of the use of chemicals) can, upon written request to Council, obtain a quotation to carry out the work provided that staff and equipment are available to do the work at the time of the request.

 

??????????? The cost of the work is calculated at an hourly rate plus cost of chemicals.

 

8????????? TECHNICAL ADVICE

 

??????????? Council?s Noxious Weeds Inspector can assist by advising landowners of the best methods of treatment (ie mechanical, chemical or cultural), giving every consideration to environmental aspects.

 

??????????? Council?s Inspector has regular liaison with the Department of Agriculture and chemical company field staff in carrying out trial work in the treatment of noxious weeds and hence, has the latest recommended control information to hand.

 

9????????? NOXIOUS WEED CONTRACTORS

 

??????????? Where Council is unable to provide a quotation to carry out eradication of noxious weeds on private property, the owner if he/she wishes may obtain quotations from the private contractors in the area.

 

10??????? PROCLAIMED NOXIOUS WEEDS

 

??????????? Weeds covered by this Act are those declared by the Minister and published in the Government Gazette.

 

11??????? PENALTIES

 

??????????? Every occupier who fails, without reasonable excuse to comply with these requirements shall be liable to penalties as specified in the Noxious Weeds Act 1993, Regulations.

 


General Purpose Committee - 14 September 2011

Review of Various Policies Relating to Noxious Weeds and Animals

 

Comments from Councillors in regard to REVIEW PESTICIDE USE NOTIFICATION PLAN

 

Page Number

Proposed Changes/Comments/Questions

Staff Response

P1

Intro

2nd para

If Council is to ensure that the pesticides are used in a safe and responsible manner ?without harm to the community or environment? then it must put processes in place to do this eg to prevent herbicide spraying right up to and across edges of watercourses and die back showing spray impacts high up into native vegetation where no weeds have been present.? I have personally observed these examples.

This issue to be addressed in Safe Work Method Statements and Standard Operating Procedures.

P2

Table

The types of pesticide used should be defined ie spot herbicide, broad scale herbicide, selective herbicide, rodenticide.

A new section Definitions to be added.

Sporting fields and ovals ? add maintenance volunteers/caretakers as user groups

Noted and amended plus Section 355 Committees

Camping ground ? add school groups as users

Noted and amended.

Cemeteries ? add staff/contractors

Noted and amended.

Interior and exterior public buildings ? add staff/volunteers/caretakers as users

Noted and amended.

Macksville Memorial Aquatic Centre ? add staff/lessees as users

Noted and amended.

Waste depot ? add staff as users

Noted and amended.

Showgrounds and racecourse -? add caretakers/volunteers/horse trainers and jockey club as users

Noted and amended plus Management Committees

P3 &4

Notification arrangements

This section is the nuts and bolts of the policy and should be more clearly laid out with sub titles

Noted ? MANEX to review all document standards.

P5

Notification of emergency pesticide applications

2nd last sentence deletes words ?..that are accessible to the public? from end of sentence.

Noted and amended.

The last sentence in this section does not make sense

Add ?of treatment? between the words time and information.

P5

Pesticide contractors and lessees

2nd para? replace ?In Council owned or managed lands...? with ?On Council owned or managed lands...?

Noted and amended.

 


General Purpose Committee - 14 September 2011

Review of Various Policies Relating to Noxious Weeds and Animals

 

 

 

 

 

NAMBUCCA SHIRE COUNCIL

?PESTICIDE USE NOTIFICATION PLAN

 

 

 

Function:? Engineering Services

 

 

Adopted: 15 March 2007?

Last reviewed:??

 

 

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.?

 

INTRODUCTION

 

This pesticide use notification plan has been prepared in accordance with the requirements of the Pesticides Regulation 1995 (the Regulation).

 

The aim of this plan is to meet the communities general ?right to know? about pesticide use within public places. The plan allows the general community to be aware of areas that are being treated with pesticides and take action to avoid contact with pesticides, if they wish. The plan does not mean that the public is at greater risk or harm from pesticides. The Nambucca Shire Council ensures that pesticides are used only when entirely necessarily by suitably qualified persons in a safe and responsible manner, without harm to the community or environment.

 

The plan describes the methods of notification the Nambucca Shire Council will utilise to notify members of the community of pesticide applications it makes or allows to be made to public places that it owns or controls. It describes:

 

????? what public places are covered by the plan;

????? who is most likely to use or access these public places and an estimate of the level of use;

????? how and by what means the Nambucca Shire Council will provide the community with information about pesticide applications within lands it owns or manages;

????? how the community will be informed of the notification arrangements contained in the plan;

????? how often future reviews of the plan will be conducted;

????? contact details for anyone wishing to discuss pesticide use and notification with Council.?

 

 

PUBLIC PLACES COVERED BY THIS PLAN

 

This Pesticide Notification plan describes the areas within the Nambucca Shire Council that pesticides are proposed to be used and the categories of the public places it covers.? Public places include the following areas that the public is entitled to access:

 

????? Public Gardens, Parks and Reserves

????? Playgrounds

????? Sporting Fields and Ovals

????? Laneways and Pathways

????? Drains and Easements

????? Road Verges

????? Caravan / Holiday Parks

????? Cemeteries

????? Swimming Pool Grounds

????? Public Buildings

 

A Public Place also includes any other Council managed / owned property that is leased to any party / parties, which the general public is entitled to access.

 

The Nambucca Shire Council estimates that the level of community use, regular user groups and types of pesticide use in each of these categories of public places is summarised in the following table:

 

PUBLIC PLACES

REGULAR USER GROUPS

LEVEL OF USE OF PUBLIC PLACE

TYPE OF PESTICIDE USE

Public Parks, Reserves and Gardens

General Public

Community Groups

Volunteer Groups

High

Spot Herbicide

Spot Insecticide

Broad Scale Selective Herbicide

Playgrounds, Skate Parks and Cycle ways

General Public

Community Groups Volunteer Groups

Kindergartens

High

Spot Herbicide

Spot Insecticide

Broad Scale Selective Herbicide

 

Sporting fields and ovals

 

Sporting Associations

General Public

Community Groups

Social Groups

Schools

Maintenance Volunteers

Caretakers

Section 355 Committees

High

Spot Herbicide

Spot Insecticide

Broad Scale Selective Herbicide

 

Road verges, Drains and Reserves on Council Managed / Owned Roads

General Public

Cyclists

Horse Riders

Graziers

High for Urban based roads / Low for rural roads

Spot Herbicide

Spot Insecticide

Broad Scale Selective and Non Selective Herbicide

Laneways and pathways on Council Managed / Owned Roads

General Public

Cyclists

High

Spot Herbicide

Spot Insecticide

Broad Scale Selective and Non Selective Herbicide

 

Camping grounds

General Public

School Groups

High

Spot Herbicide

Spot Insecticide

Broad Scale Selective and Non Selective Herbicide

Cemeteries

General Public

Staff

Contractors

Medium

Spot Herbicide

Spot Insecticide

Broad Scale Selective

Crown Reserves Managed by Council

General Public

Low to High

Spot Herbicide

Spot Insecticide

Broad Scale Selective and Non Selective Herbicide

Interiors and exteriors of public buildings

General Public

Staff

Volunteers

Caretakers

High

Spot Insecticide

Rodenticides

Macksville Memorial Aquatic Centre

General Public

School Groups

Community Groups

Staff

Lessees

High

Spot Herbicide

Spot Insecticide

Broad Scale Selective Herbicides

Rodenticides

Waste Depot

General Public

Staff

 

High

Spot Herbicide

Spot Insecticide

Broad Scale Selective Herbicides

Rodenticides

Showground and Racecourse

General Public

Community Groups

School Groups

Caretakers

Volunteers

Horse trainers

Jockey Club

 

Med to High

Spot Herbicide

Spot Insecticide

Broad Scale Selective Herbicides

Rodenticides

 

DEFINITIONS OF HERBICIDES

 

Spot Herbicide

 

Spot Insecticide

 

Broad Scale Selective Herbicide

 

Broad Scale Selective and Non

 

Herbicides

 

Rodenticides

 

 

NOTIFICATION ARRANGEMENTS

 

This section of the plan describes how and when Nambucca Shire Council will provide notice of pesticide use in public places, including special measures for sensitive places that are adjacent to public places, arrangements for emergency pesticide applications and circumstances where notice will not be given.

 

These notification requirements are based on Nambucca Shire Council?s, assessment of:

 

????? The level of usage of public places where pesticides are to be applied.

????? The types groups of the public who are likely to come in contact with pesticides within public places and their potential sensitivity to pesticides.

????? The extent of activities that may be undertaken within Public places that may raise the potential for the public to come in direct contact with pesticides (such as picnic areas where food is to be consumed; children groups coming in contact with pesticide in playgrounds / ovals; sporting and other recreational activities that result in contact with the ground, thus increasing the potential for contact with pesticides).

????? The types of pesticides to be used within public areas.

 

Notice of pesticide use will be provided by a combination of any or all of the following depending on the level of public use and potential for contact with pesticides by the public:

 

????? Signage during application

????? Information at Council Administration Centre during business hours

????? Notification in person or by letter prior to pesticide application in or around areas deemed to be sensitive in nature (i.e. public places including kindergartens, pre-schools, schools, nursing homes, Hospitals).

????? Notices in the local newspaper outlining any broad scale selective or non-selective pesticide use within sporting ovals and playgrounds.

????? Door knocks / public announcement via radio of emergency pesticide applications.

 

The notification arrangements described below will apply to the following areas owned or managed by Council:

 

????? Public Gardens

????? Parks and Playgrounds

????? Picnic areas

????? Sporting Fields and Ovals

????? Skate parks and Cycle ways

????? Swimming Pool Building and Grounds

????? Cemeteries

????? Camping Grounds

????? Interior and exterior of Public Buildings

 

Signage will be erected whilst Council staff or contractors are using Glyphosate based products throughout the duration of small scale weed / grass encroachments in public places when using hand held spray bottles, knapsacks or other low volume / pressure application techniques.

 

Where Broad Scale Selective and Non-Selective Pesticides are to be used, in the above areas, notification will be given prior to use via notices in the local Guardian newspaper of the proposed application date range, purpose of application, contact details of responsible parties for the pesticide application and warnings on re-entry by the public as specified on the product label or the Australian Pesticide and Veterinary Medicines Authority (APVMA) permit.

 

The following notification arrangements will be followed when pesticides are to be applied to the following areas owned or managed by Council:

 

????? Road verges and Reserves

????? Laneways and Pathways

????? Crown Reserves managed by Council

????? Drains

 

Information will posted on the Councils website and be included in the Councils regular advertisements in the local Newspaper every three (3) months, outlining the future Broad Scale herbicide program that is to be conducted on the above Council managed / owned lands. Signs will be prominently displayed on the spray vehicle or on the road verge during application and removed when the spraying is completed.?

 

 


SPECIAL MEASURES FOR SENSITIVE PLACES

 

Clause 11J(1) of the Pesticides Regulation defines a sensitive place to be any:

 

????? school or pre-school

????? kindergarten

????? childcare centre

????? hospital

????? community health centre

????? nursing home

????? place declared to be a sensitive place by the Environment Protection Authority (now a part of the Department of Environment and Conservation).

 

Where Council will be applying pesticides in or near areas deemed to be sensitive in nature, Council will utilise the following methods to notify the appropriate representative within the above sites:

 

????? Door knocking or telephoning the sensitive place prior to the application of pesticides;

????? Displaying pesticide application signage on vehicles or temporary signage warning the public of the pesticides application, which will be removed post application;

????? Provide contact details of responsible Council Staff details and other information as requested by the public on the use of pesticides in or near these sensitive areas.??

 

Other sensitive places shall include:

 

????? Bus Shelters

????? Sporting Fields

????? Amenities Blocks

????? Libraries

????? Public Buildings

 

NOTIFICATION OF EMERGENCY PESTICIDE APPLICATIONS

 

In cases where emergency pesticide applications in public places are required to deal with biting or dangerous pests such as wasps, bees, venomous spiders, fleas, bird mites or rodents (that pose an immediate health hazard), Council will, where possible, provide notice by appropriate signage to inform the public of the emergency pesticide application in public places. If signage is not available at the time of treatment information can be requested from persons applying the pesticide and the appropriate responsible Council employee?s details will be made available to all parties requesting this information.

 

 

PESTICIDE CONTRACTORS AND LESSEES OF PUBLIC PLACES

 

Pesticide application by contractors on Council owned or managed lands will follow the notification requirements in accordance with this notification plan.

?

On Council owned or managed lands that remain a public place, over which persons or organisations hold an existing lease, Council will not provide notification of pesticide use. However Council will require the lessee/s to comply with the notification requirements in accordance with this Pesticide Notification Plan.

 

 

WHAT INFORMATION WILL BE PROVIDED

 

In accordance with clause 11L(2)(g) of the Pesticides Regulation, notice of pesticide use will include the following information:

 

????? Product name of the pesticide

????? Purpose of the application and the target pest/s

????? Proposed date/s or date range of the pesticide application

????? The target area of pesticide application

????? Contact details of responsible Council employee/s who are responsible for the pesticide application and/or the contractor who is performing the pesticide application

????? Warnings regarding re-entry to or use of the place, as specified on the pesticide product label or the Australian Pesticides and Veterinary Medicines Authority (APVMA) permit

 

 

HOW THE COMMUNITY WILL BE INFORMED OF THIS PLAN

 

The Nambucca Shire Council will advise its residents of this plan and its contents by:

 

????? Making a copy of the plan available for viewing, free of charge, during office hours, at the Shire Chambers, Princess Street, Macksville.

????? Placing a copy of the plan on the Council?s website www.nambucca.nsw.gov.au

????? Placing a notice in The Guardian News

????? Placing a notice in the NSW Government Gazette

 

 

FUTURE REVIEWS OF THE PLAN

 

The notification plan will be reviewed every 5 years or when circumstances require a review of the plan. The review will include:

 

????? A report on the implementation of the plan

????? Placing any amendments to the plan on public exhibition for any submissions by the public

????? Recommendation for alterations (if applicable) to the plan

 

 

CONTACT DETAILS

 

Anyone wishing to contact the Nambucca Shire Council to discuss the notification plan or to obtain details of pesticide applications in public places should contact:

 

Mr T Woodward

Noxious Weeds Inspector

 

Email: tim.woodward@nambucca.nsw.gov.au

 

Telephone:? ????? 0417 271 366

Fax: ????????????????? 02 6568 2201

 

Nambucca Shire Council

PO Box 177

MACKSVILLE? NSW? 2447

 

 

APPENDICES

 

Published by:

Nambucca Shire Council? PO Box 177? Macksville NSW 2447

Ph: (02) 6568 2555? Fax: (02) 6568 2201?

Website: www.nambucca.nsw.gov.au

 
 



General Purpose Committee - 14 September 2011

Review of Various Policies Relating to Noxious Weeds and Animals

 

 

Comments from Councillors in regard to NOXIOUS WEEDS PLAN OF MANAGEMENT

 

 

Page Number

Proposed Changes/Comments/Questions

Staff Response

Whole Doc

Will await staff?s review as don?t want to waste time commenting on any aspects which are outdated due to leg changes etc

Noted.

Page 2

Ensure that list of Class 4 weeds matches the list given in the policy pertaining to noxious and invasive plants.

To be checked.

Page 2

Should the paragraph under the heading ?Duration? be amended?

Yes, if extension approved by Council.

All pages

The format for this document appears to be different from the others. Would it be an idea to have some standard formatting?

MANEX to consider standard formatting.

 

?

 


General Purpose Committee - 14 September 2011

Review of Various Policies Relating to Noxious Weeds and Animals

 

 

 

 

 

NAMBUCCA SHIRE COUNCIL

CLASS 4 NOXIOUS WEEDS PLAN OF MANAGEMENT

 

 

 

Function:? Engineering Services

 

 

Adopted: March 2006?

Last reviewed: 14 September 2011?

 

 

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.?

 

OBJECTIVE

 

This Noxious Weed Plan of Management aims to reduce the environmental, economic and social impacts of Class 4 Noxious Weeds.

 

 

SCOPE

 

This Plan of Management will apply throughout the Nambucca Shire Council Local Government Area.? All land, public and private is covered by the Plan.

 

 

BACKGROUND

 

The Plan is prepared under the authority of the Noxious Weeds Act 1993, Order 19 Schedule 4 gazetted 23 December 2005, Council?s Noxious Weeds Policy and all related legislation.

 

Class 4 noxious weeds are plants that pose a threat to primary production, the environment or human health, are widely distributed in the area and are likely to spread in or to another area.

 

 

CONTROL MEASURES

 

All land owners/occupiers must ?minimize the negative impact of these Class 4 weeds on the economy, community and environment of New South Wales?.

 

Control requirements as listed under Section 7 of the Noxious Weeds Act 1993 are:

 

Control Type A???? Plants must be prevented from flowering or setting fruit.

 

Control Type B??????????? Land owners/occupiers must reduce the numbers and limit the distribution of the plant.

 

Control Type C??????????? All plants below three (3) metres in height must not be allowed to seed and 10 percent of all plants above three (3) metres in height must be removed per year over the next ten (10) years.

 

Control Type D??? Plants must be prevented from impacting on human health.

 

Control Type E??????????? Owners/occupiers of land must establish a ten (10) metre buffer zone on all boundary fences and internal driveways.

 

Control Type F??????????? Owners/occupiers of land must implement farming practices including chemical control, strategic grazing and pasture improvement to reduce the spread and distribution of the weed.

 

Control Type G??????????? A ten (10) metre buffer zone must be established on all boundaries adjacent to properties that are implementing a control program.

 

Control Type H??? Plants must not be knowingly sold, propagated or distributed.

 

 

COMMON NAME

SCIENTIFIC NAME

CONTROL TYPE

Bathurst/Noogoora/Californian Burrs

Xanthium Species

A

Bitou Bush/Boneseed

Chryanthemoides Monilifera

A, H

Blackberry

Rubus Fruticosus (agg. Spp)

H

Camphor Laurel

Cinnamomum Camphora

C, H

Chilean Needle Grass

Nassella Neesiana

A, H

Columbus Grass

Sorghum x Alum

A

Crofton Weed

Ageretina Adenophora

B

Fireweed

Senecio Madagascariensis

F

Harrisia Cactus

Harrisia Species

A

Johnson Grass

Sorghum Halepense

A

Lantana

Lantana spp

G, H

Mistflower

Ageratina Riparia

B

Pampas Grass

Cortaderia Species

A

Parramatta Grass

Sporobolus Fertilis

E

Prickly Pear

Opuntia Species

A

Privet (Broad leaf)

Ligustrum Lucidum

C, H

Privet (Narrow leaf/Chinese)

LigustrumLucidum

C, H

Rhus Tree

Toxicodendron Succedanea

D

Serrated Tussock

Nassella Trichotoma

A

Spiny Burrgrass

Cenchrus Incertus

A, H

 

Where physical control is required owner/occupiers may use a variety of techniques including chemical, mechanical and biological treatment.

 

Council will provide inspections and serve notices as required to ensure compliance with the Plan of Management.

 

 

DURATION

 

The Plan commenced on 1 March 2006 and was valid for a five (5) year period with an annual review being undertaken.

 

The Plan was last reviewed in March 2008.? A further review was undertaken in September 2011 and adopted for a further two (2) years pending changes to the Class 4 Weed legislation by the NSW Department of Primary Industries.

 

 

ASSISTANCE

 

Enquiries regarding treatment methods maybe obtained by contacting Council?s Noxious Weeds Inspector on 0417 271 378.

 

 

Prepared By:???????????????? Noel Chapman????????????? Tim Woodward

???????????????????????????? Manager Civil Works????????????? Noxious Weed Inspector

 

April 2006


General Purpose Committee - 14 September 2011

Review of Various Policies Relating to Noxious Weeds and Animals

 

Comments from Councillors in regard to NOXIOUS WEEDS AND ANIMALS ? DELEGATED AUTHORITY NOXIOUS WEEDS ACT

 

 

Page Number

Proposed Changes/Comments/Questions

Staff Response

Whole Policy

Will await staff?s review to bring this outdated policy up to date, before detailed comments.? The history as written potentially confuses the issue.? It should be simplified down to key dates ie when the first policy was adopted and any key milestones in terms of review to comply to new requirements etc.

Noted

Page 1

Last Paragraph

Remove Deputy Engineer and insert title of appropriate officer

Noted and amended

 


General Purpose Committee - 14 September 2011

Review of Various Policies Relating to Noxious Weeds and Animals

 

 

 

 

 

 

NAMBUCCA SHIRE COUNCIL

POLICY

NOXIOUS WEEDS AND ANIMALS

DELEGATED AUTHORITY NOXIOUS WEEDS ACT 1993

 

 

 

Function:? ENGINEERING SERVICES

 

 

Adopted: 6 FEBRUARY 1997 (011)

Last reviewed:? 15 DECEMBER 2005 (077)

20 October 2010

14 September 2011

 

 

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.?

 

1.0???? Policy objective

 

To allow authorised officers to undertake Council?s functions under the Noxious Weeds Act 1993.

 

2.0???? Related legislation

 

Section 68 Noxious Weeds Act 1993

Noxious Weeds Regulation 2008

 

3.0?????? Definitions

 

Authorised officer means a person authorised as an authorised officer under Section 42.

 

Function includes a power, authority or duty

 

Local control authority has the meaning as set out in Section 35.

 

?47,525 What are the local control authorities?

 

35????? (1) ??? The local control authority for land within a local government area is the council of the local government area or, if noxious weed control functions for that area have been conferred on a county council under any other Act, the county council having those functions.

??? (2) The local control authority for land within the Western Division that is not within a local government area is the Western Lands Commissioner.

??? (3) The local control authority for land within Lord Howe Island is the Lord Howe Island Board.?

 


4.0???? Policy statement

 

That in accordance with the provisions of Section 68 of the Noxious Weeds Act 1993, Council as the local control authority, delegate to the General Manager, the local control authority?s functions under this Act (other than the power of delegation).

 

5??????? History

 

General Manager?s Report -15.9.94 instigated the original Policy following the introduction of the Noxious Weeds Act 1993.

 

The management of noxious weeds are legislated under the Noxious Weeds Act 1993 and a separate delegation is required to that provided under the Local Government Act.

 

 


General Purpose Committee - 14 September 2011

Review of Various Policies Relating to Noxious Weeds and Animals

 

 

 

 

 

Placeholder for Attachment 12

 

 

 

Review of Various Policies Relating to Noxious Weeds and Animals

 

 

 

Circularised documents - Copy of all policies and plans showing tracked changes

 

??Pages

 


General Purpose Committee??????????????????????????????????????????????????????????????????????????????????????? 14 September 2011

Director of Engineering Services Report

ITEM 10.2??? SF1031??????????? 140911???????? Draft Policy - Bushfire Buffers on Public Land

 

AUTHOR/ENQUIRIES:???? Paul Gallagher, Director Engineering Services ????????

 

Summary:

 

Development on bush fire prone land will normally require the implementation of a set back distance which is referred to as an Asset Protection Zone (APZ).? An Asset Protection Zone is also known as a fire protection zone/buffer and aims to protect human life, property and highly valued assets.

 

Council Officers have developed a policy to ensure that the liability of maintaining an Asset Protection Zone associated with the private development on land in bush fire prone areas is the responsibility of the developer or successive owners of the land and not transferred to Council by allowing the use of public land/reserves as a bushfire buffer.

 

 

Recommendation:

 

1??????? That Council endorse the draft policy ?Bushfire Buffers on Public Land? and place the document on public exhibition for public comment.

 

2??????? That a further report be provided to Council following the public exhibition period.

 

 

OPTIONS:

 

1??????? Adopt the draft policy and place it on public exhibition

 

2??????? Not adopt the draft policy and allow private developers the opportunity to use public land as a bushfire buffer or Asset Protection Zone.

 

 

DISCUSSION:

 

Development on land that has been dedicated as bush fire prone must meet specific requirements under the current NSW legislative provisions:

 

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

??????????? Rural Fires Act 1997 Clause 3.3 of Planning for Bush Fire Protection 2006

??????????? Australian Standard: 3959 Construction of buildings in bushfire-prone areas 2009 ?????? (AS3959)

??????????? Building Code of Australia

 

Private developers in an effort to reduce the size of the bushfire buffer on their development site have sought to include adjacent public land in the required buffer.? Whilst the applicant/developer may agree to carry out the initial clearing to meet the APZ requirements, there is no guarantee that they, or successive owners, will continue long term maintenance of the APZ.? Council, in allowing the use of public land as a buffer zone, will by default inherit the long term maintenance commitment to mow and keep the buffer satisfactory at a cost to the public. In doing so, Council will also accept the liability for the standard of maintenance and fire hazard mitigation.

 

An APZ should be located wholly within the development property. Developments should not offset APZs to neighbouring land unless exceptional circumstances apply.? The developer cannot clear vegetation on a neighbour?s property or on lands administered/owned by National Parks, the Crown or under the management of Council without written consent from the owner (an easement or plan of management).? An APZ can consist of an area maintained to minimal fuel loads and can comprise of a combination of perimeter roads (subdivision), fire trails and managed lands so that a fire path is not created between the hazard and the building.

 

 

CONSULTATION:

 

??????????? Director Environment and Planning

??????????? NSW Rural Fire Service

??????????? Manager Technical Services

??????????? Strategic Planner

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

The bush fire risk management planning process involves identifying and analysing assets within the community and establishing their level of risk.? An asset is defined as ?anything that is valued by the community? in developing an APZ for fire mitigation.? ?Environmental assets? such as threatened species, vulnerable species and locally important flora and fauna must be taken into account before any work is considered as part of the assessment for an APZ.

 

Social

 

There is a social impact emanating from a bush fire event with the increase of insurance premiums, the loss of physical assets, potential loss of human life, or on areas of Aboriginal or European historical or cultural significance.

 

Economic

 

There is an anticipated economic impact on the developers, with having to make allowances in their land parcel sizes being development for the implementation of an APZ and associated cost of fire hazard mitigation should Council adopt the Asset Protection Zone (APZ) Policy for privately developed land.

 

The bush fire risk management planning process involves identifying and analysing assets within the community and establishing their level of risk.? An asset is defined as ?anything that is valued by the community? in developing an APZ for fire mitigation.? ?Economic Assets? such as commercial forests, tourist destinations and land used for primary production must be taken into account before any work is considered.

 

Risk

 

Council, in allowing use of public land as a buffer zone, will by default inherit the long term maintenance commitment to mow and keep the buffer satisfactory at a cost to the public. In doing so, Council will also accept the liability for the standard of maintenance and for future fire hazard mitigation.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

Should Council adopt the Bushfire Buffers On Public Land Policy for privately developed land, there will be no impact on current or future budgets with the implementation of the policy.

 

Should Council elect to allow the use of public land as a buffer zone or APZ there will be an impact on future budgets attributed to the long term maintenance commitment to mow and keep the buffer zone satisfactory.

 

 

Source of fund and any variance to working funds

 

There is no variation to working funds attributed to this report

 

 

Attachments:

1View

24661/2011 - Councillors comments - review of Draft Bushfire Buffers on Public Land

 

2View

25165/2007 - POLICY DRAFT - Bushfire Buffers on Public Land

 

3View

?- Circularised document - Copy of policy showing tracked changes

 

??


General Purpose Committee - 14 September 2011

Draft Policy - Bushfire Buffers on Public Land

 

Comments from Councillors in regard to DRAFT BUSHFIRE BUFFERS ON PUBLIC LAND

 

 

Page Number

Proposed Changes/Comments/Questions

Staff Response

p2 first dot

This proposed modification to the requirements does not take into consideration any environmental impacts of allowing APZ clearing on the adjoining land.? The basis of allowing it ie that ?it can be demonstrated that there is a strong likelihood of the adjoining land being developed....? is flimsy justification at best, but isn?t this policy about public land?? What circumstances would see future residential or staged development on public land?? I am not sure that this paragraph is relevant in this policy.? If it were to be included then the exemption would allow clearing of what could be high conservation value native vegetation, pre-empting any environmental assessment requirements which could or would be applied to the ?likely to be developed? land at the time of DA.? In other words this proposal will contribute to incremental loss of native vegetation and biodiversity without any requirement to consider environmental impacts including cumulative impacts.? Council should be mindful of its Mission Statement which heads up this draft policy ?The Nambucca Valley will value and protect its natural environment....etc? and of its identified Management Plan actions ?To promote the ecological sustainability of the Shire through identification, preservation, protection, restoration and enhancement of environmentally sensitive areas and values? and ?Promote ecologically sustainable development? and aim to achieve them in part via its policies.

 

It would be therefore be appropriate for the onus to be placed on the developer to assess the likely impacts of any APZ clearing proposed to be undertaken on adjoining land to enable them to meet their APZ obligations on their own land, through either an SIS or for more significant environmental areas an EIS.

The main aim of this Policy is to NOT allow public land to be used as an APZ to yield greater land development for the developer, unless there is a road reserve.

An Environmental Assessment must be undertaken for threatened species, vulnerable species, flora and fauna.

This is directed at land being developed adjacent to public land and the developer requesting the public land to be used as an APZ to yield there land development.

P2 second dot

Suggest addition of requirement that the alterations or additions do not increase the fire risk to the adjoining public land ie barbeque area close to boundary adjoining vegetated adjoining land.

Noted APZs are dealt with at Development Application stage for alterations and additions.

P2 number 2

Reword ?...that the buffer will still meet the requirements of the NSW Rural Fire Service standards in terms of the proposed development and the buffer is recognised in a Plan of Management for the reserve.

Noted

P2

b Existing Urban Vacant Lots

1

Which Bushfire management Plan?? For the public land?? If so should be stated

The policy states ?Bushfire management plan for reserves?.

 


 

P2

b Existing Urban Vacant Lots

2

Similar to my comments in 1st row, the developer should be required to undertake an assessment of the environmental impacts of any hazard reduction action, clearing or burning to be undertaken on public land.? Unfortunately Council does not have a register of identified HCV vegetation on public land ? if it did it could then use the information as the basis for requiring an SIS or EIS, likewise it could use this information to show the land is not identified as HCV and therefore an SIS or EIS is not required following a ground truth check (by council but at the developer?s expense) to ensure Council?s register (if it had one) was accurate, if the record had not been previously ground truthed. More certainty for all.

 

Further any proposal to allow clearing of natural assets from public land for the benefit of a developer should be advertised for public comment.

 

Further the developer should cover all costs involved for initial development and ongoing maintenance.? If the work is not undertaken regularly to maintain the APZ at the standard required, Council should remind them of the requirement and give notice of time before Council will undertake the work and invoice the developer.? A bond should be required up front at the approval stage to cover any default on payment so that ratepayers do not have to fund the work.

The developer is required to do an assessment of the environmental impact as part of the Development Application.

 

 

 

 

 

APZ for private land is the responsibility of the owner.

 

APZ if on Council land is the responsibility of Council.

 

P2

b Existing Urban Vacant Lots

 

Add further condition:

Justification can be given that the proposed development cannot be sized, designed or position in such a way as to not require use of adjoining public land to meet APZ requirements.

The Policy has been developed for this reason.

Page 2 c

Close inverted commas in first paragraph.

Noted and amended

Page 4

5.0

Why is the ?History? put at the end? Could this be put closer to the front?

I wasn?t sure what this was trying to achieve. Are you saying that the Guidelines were produced to stop the buffer from being a burden on all adjacent land including public land? If this is the case, could this be rewritten to better reflect this?

This is the format template used by Council for Policy documents.

1 & 2

Asset Protection Zone is sometimes spelt with upper case and sometimes with lower case ~ should be consistent throughout.

Noted and amended

1

1.0 Policy objective - Capital ?O?? for ?Objective?

First para, second line - delete the full-stop after the word ?site?

Second para, second line ? delete ?/?

Noted and amended

1

4.0? Policy statement ? Capital ?S? for ?Statement?

Noted and amended

2

Replace ?APZ?s? with ?APZs?, i.e. delete the apostrophe.

Noted and amended

 

2

b?? Existing Urban Vacant Lots

First para, second line ? comma after ?land? and comma after ?roads?

Noted and amended

2

c? Building Extensions

First para, second line ? add ? after 2001, before the full-stop, i.e ?Planning for Bushfire Protection? 2001?.

Noted and amended

3

5.0? History

Second para, second sentence ? suggest rewording to read ?In allowing use of public land as a buffer zone, Council will, by default, inherit the long term maintenance commitment to mow and keep the buffer satisfactory, at a cost to the public.?

Third para, first line ? insert comma after 2001

Third para, second line ? insert comma after Rural Fire Service

Noted

 


General Purpose Committee - 14 September 2011

Draft Policy - Bushfire Buffers on Public Land

 

 

 

 

 

 

NAMBUCCA SHIRE COUNCIL

DRAFT POLICY

BUSHFIRE BUFFERS ON PUBLIC LAND

 

 

 

Function:? ENGINEERING SERVICES

 

 

Adopted:??????

Last reviewed:?

 

 

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.?

 

 

1.0???? Policy Objective

 

To ensure that new development contains an Asset Protection Zone (APZ) or bushfire buffer wholly within the development property and not offset to neighbouring land/reserves under the management and control of council or other State or public authority.

 

To ensure that the liability of maintaining an Asset Protection Zone (APZ) associated with the? private development on land in bush fire prone areas is the responsibility of the developer or successive owners of the land and not transferred to Council or other authority by allowing the use of public land/reserves as an APZ

 

2.0???? Related Legislation and Guidelines

 

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

???????? Rural Fires Act 1997 Clause 3.3 of Planning for Bush Fire Protection 2006

???????? Australian Standard: 3959 Construction of buildings in bushfire-prone areas 2009 (AS3959)

???????? Building Code of Australia

 

3.0?????? Definitions

 

Asset Protection Zone (APZ) - Development on bush fire prone land will normally require the implementation of a set back distance which is referred to as an Asset Protection Zone. An Asset Protection Zone (APZ) is also known as a fire protection zone and aims to protect human life and infrastructure

 

4.0???? Policy Statement

 

a????????? New Developments (New Subdivisions Urban Or Rural)

 

That Council will not permit the inclusion of public land/reserves into Asset Protection Zones that are required to protect private property and infrastructure. The provision and maintenance of Asset Protection Zones is not the responsibility of an adjoining land management agency or land owner.

 


Where a bush fire hazard exists on or adjacent to an allotment that is to be developed, an APZ is to be established on the land to be developed between the building requiring protection and the bush fire hazard. This ensures that there is a progressive reduction of bush fire fuels between the hazard and a habitable dwelling.

 

APZs are to be located within the boundaries of the proposed development. (Note: This requirement for new subdivision developments has been consistently supported by numerous decisions of the Land and Environment Court.)

 

This requirement can be modified for the most exceptional circumstances which are outlined in Clause 3.3 of Planning for bushfire Protection 2006:

 

??????????? Where a development would normally be declined due to inadequate APZs on the land to be developed but where it can be demonstrated that there is a strong likelihood of the adjoining land being developed for future residential or other compatible purposes (eg staged development).

 

??????????? Where an existing development was approved prior to August 2002 and the applicant is only proposing alterations and/or additions to existing buildings and the APZ does not comply with current APZ requirements. In this case the alterations or additions should meet the improved construction standards up to BAL 40 of AS 3959-2009 and not significantly increase the density of residents or as required under the Building Code of Australia.

 

Council may agree to allow the inclusion of some public areas under its control as part of bush fire buffers APZs under the following conditions:

 

1????????? The public land is a formed road whereby the existing arrangement is a footpath and road pavement requiring no extra maintenance as a bush fire buffer (APZ).

 

2????????? A bush fire buffer (APZ) already exists that is currently maintained by Council and that bush fire buffer (APZ) meets the required NSW Rural Fire Service standards and is recognised in a Plan of Management for the reserve.

 

b????????? Existing Urban Vacant Lots

 

There is an expectation that vacant existing urban lots can be built upon.? Council will permit public land including reserves and roads (under its control) to be included in the Asset Protection Zone under the following conditions:

 

1????????? The Bushfire Management Plan recognises a formal bush fire buffer for the public land.

2????????? The applicant upgrades the buffer to meet NSW Rural Fire Service standards and undertakes the first hazard reduction program.

3????????? The maximum setback on the private property is utilised to minimise the use of public land.

 

c????????? Building Extensions/Redevelopment

 

Urban lots within bushfire prone areas that adjoin public land with substantial vegetation can only be approved if they comply with the specifications of ?Planning for Bushfire Protection 2006?.

 

The public land is not permitted to be included in the buffer or Asset Protection Zone.? Council will also not create a Bushfire Management Plan for the reserve for the specific purpose of allowing a building extension to be permitted.

 

d?????????
Re-subdivision Of Large Urban Lots

 

A property with an existing house can only subdivide land that will comply with the Rural Fire Service requirements without the use of public land.

 

5.0???? History

 

Private developers in an effort to reduce the size of the bushfire buffer on the development site have sought to include adjacent public land in the required buffer.

 

The applicant may agree to carryout the initial clearing to meet requirements but cannot guarantee that they or successive owners will continue long term maintenance.? Council in allowing use of public land as a buffer zone will by default inherit the long term maintenance commitment to mow and keep the buffer satisfactory at a cost to the public.? In doing so, Council will also accept the liability for the standard of maintenance.

 

The Planning for Bushfire Protection Guidelines 2006 produced by the NSW Rural Fire Service generally requires the location of bushfire buffers (APZs) within the boundaries of the development site to ensure that the buffer is not a burden on adjoining land owners (Clause 3.3 of Planning for bushfire Protection 2006).

.

 

 


General Purpose Committee - 14 September 2011

Draft Policy - Bushfire Buffers on Public Land

 

 

 

 

 

Placeholder for Attachment 3

 

 

 

Draft Policy - Bushfire Buffers on Public Land

 

 

 

Circularised document - Copy of policy showing tracked changes

 

??Pages

 


General Purpose Committee??????????????????????????????????????????????????????????????????????????????????????? 14 September 2011

Director of Engineering Services Report

ITEM 10.3??? SF1303??????????? 140911???????? Water and Sewerage - Development Servicing Plans and Strategic Business Plans

 

AUTHOR/ENQUIRIES:???? Richard Spain, Manager Water and Sewerage; Michael Coulter, General Manager ????????

 

Summary:

 

Council has engaged NSW Public Works ? Water Solutions to prepare updated Water Supply and Sewerage Strategic Business Plans and Development Servicing Plans.

 

Draft documents were provided to Council for review prior to a presentation by NSW Public Works at the General Purpose Committee meeting on 14 September 2011.? The purpose of this presentation was to provide Council with the outcomes of the latest financial modelling data, showing the calculated developer charges and typical residential bills based on an agreed capital works program.

 

Council is required to make a decision on the amount they wish to adopt as the development servicing charge (Section 64 charge) so that the figure can be included in financial modelling that will enable the draft Water Supply and Sewerage Development Servicing Plans and Strategic Business Plans to be finalised.

 

 

 

Recommendation:

 

1??????? That Council endorse a uniform Shire wide sewerage development servicing charge.

 

2??????? That Council limit development servicing charges to $9,200 for water and $8,800 for sewerage so that they do not exceed charges adopted by Coffs Harbour Shire Council.

 

3??????? That the recommendations from 1 and 2 above are incorporated into an amended draft Water Supply and Sewerage Development Servicing Plans and Strategic Business Plans.

 

4??????? That the amended draft Water Supply and Sewerage Development Servicing Plans and Strategic Business Plans be placed on public exhibition for a period of 28 days.

 

5??????? That all submissions received as a result of the exhibition process be forwarded to Public Works for comment and inclusion in the final Development Servicing Plans and Strategic Business Plan documents as deemed appropriate

 

6??????? That the final Development Servicing Plans and Strategic Business Plan documents be presented to Council for endorsement and the amended Section 64 charges be updated in Councils Management Plan.

 

 

OPTIONS:

 

Council may endorse the calculated development servicing charges or choose a different level of cross subsidy to that proposed in the recommendation.

 

Council has adopted its IWCM (integrated water cycle management strategy) which includes a 30 year capital works program for the provision of water and sewerage services.? Having adopted a program for capital works expenditure it is incumbent to identify the revenue which will finance that expenditure.? The two sources of revenue are firstly ratepayer access and usage charges and secondly developer charges.

 

 

DISCUSSION:

 

Council has engaged NSW Public Works ? Water Solutions to prepare revised Water and Sewerage Development Servicing Plans and Strategic Business Plans.? The existing Plans are outdated and Best Practice Management Guidelines recommend that they be updated every five years.

 

This work follows on from the finalisation of the Integrated Water Cycle Management (IWCM) Strategy that highlighted a requirement for significant capital works on both water supply and sewerage infrastructure over the next 30 years.

 

The IWCM identified the construction of an off river storage as being critical to providing security for the Shires water supply and management of the water resource.? Council has also invested in the upgrade of the Nambucca Heads Sewerage Treatment Plant and sewage collection system and this project is nearing completion.

 

The current development servicing (Section 64) charges fall well short of the level that is required to fund these major projects as well as provide for future infrastructure upgrades to cater for growth in identified development areas.? Financial modelling confirms that significant increases in the level of both the developer charge and the typical residential bill are required to provide for Councils future infrastructure funding requirements.

 

The Development Servicing Plans document the calculated charges derived from the financial modelling as well as the methods used for the calculations.

 

Council currently has a range of sewerage development charges applying to different catchment areas in the Shire.? Water Solutions have recommended that a common sewerage developer charge be applied Shire wide and this weighted average charge has been presented in the draft document.

 

Whilst compiling the document Water Solutions also completed a sensitivity analysis for a scenario where the developer charges are limited to the same level as those adopted by Coffs Harbour City Council as well as for a reduced assessment growth rate of 0.5%.? Both scenarios indicate that a reduction in developer charges revenue as a result of either a conscious decision to reduce charges or a lower than expected volume of new development would result in a requirement to increase the typical residential bill of all customers.

 

Council needs a certain amount of revenue to service its funding requirements and this can only be sourced from both the developer charges and the access and usage charges incorporated in the typical bill.? If one charge is reduced the other must be raised to compensate.

 

Council is therefore required to make a decision on whether or not they consider that the calculated developer charge should be varied.? The Development Servicing Plan document is also required to clearly indicate any cross subsidy that results from the charge that Council may choose to apply.?

 

The Strategic Business Plans provide detailed information on the way Council intends to manage the water supply and sewerage assets, the targeted levels of service, proposed capital works programs and financial modelling of cash flow over the period of the works program.? A decision on the level of Section 64 charges will be required to finalise the financial components of the Strategic Business plans

 

 

CONSULTATION:

 

??????????? Director Engineering Services

??????????? NSW Public Works ? Water Solutions

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

The preparation and adoption of the Water Supply and Sewerage Strategic Business Plans and Development Servicing Plans will have no direct environmental impacts.? Adherence to the targeted service levels will provide improved environmental outcomes.

 

 

Social

 

The preparation and adoption of the Water Supply and Sewerage Strategic Business Plans and Development Servicing Plans will have no direct social impacts.? Adherence to the documented target service levels will provide improved social outcomes.

 

Economic

 

The adoption of the proposed Water Supply and Sewerage Strategic Business Plans and Development Servicing Plans will have a significant economic impact.? The cost for developing new land releases will increase as will the typical bills for both water supply and sewerage services.

 

The existing Section 64 (development servicing) charge for water is $4,612 per equivalent tenement (ET).? The existing Section 64 (development servicing) charge for sewerage is $4,276 per ET in Nambucca Heads, Valla Beach, Hyland Park, Bellwood, Macksville and Bowraville, $3,030 per ET in Scotts Head and $6,912 per ET in the South Macksville Urban Release Area.

 

Therefore the proposed charges represent approximately a doubling of the existing development servicing charges for water and sewerage.

 

Risk

 

The implementation of the Development Servicing Plans with its new charges is considered to be essential for Council to be able to continue to provide an acceptable water and sewerage service to both existing and future ratepayers.? There is a significant risk of Council not being able to meet its obligations to provide these services to an acceptable level if the charges are not introduced.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

The preparation and adoption of the Water Supply and Sewerage Strategic Business Plans and Development Servicing Plans has a minimal impact on the current budget and funding has been included for the engagement of the consultants.

 

The implementation of the new charges will provide Council with a source of revenue to fund works that will be required to be provided in future budgets.

 

Source of fund and any variance to working funds

 

Future infrastructure works will be funded using remaining reserves and loans.? The off river storage project is included in current budgets and revenue from Section 64 charges will be required to service loan repayments.

 

 

Attachments:

There are no attachments for this report.


General Purpose Committee??????????????????????????????????????????????????????????????????????????????????????? 14 September 2011

Director of Engineering Services Report

ITEM 10.4??? SF1031??????????? 140911???????? Review of Street Tree Guidelines

 

AUTHOR/ENQUIRIES:???? Noel Chapman, Manager Civil Works ????????

 

Summary:

 

Council adopted the current Street Tree Guidelines on 14 April 2010.? The amended Street Tree Guidelines are presented for review.

 

 

Recommendation:

 

That Council endorse the amended Street Tree Guidelines.

 

 

OPTIONS:

 

1??????? Accept the recommendation.

 

2??????? Adopt a different recommendation.

 

 

DISCUSSION:

 

The current Street Tree Guidelines were sent to Councillors on the 4 August 2011 for comment.

 

Councillors comments were sought and are attached for information.? Amendments have been made were appropriate.

 

In accordance with Council?s Insurers, Statewide Mutual, Council officers will be developing a Street Tree Management Plan to compliment the Best Practice Guidelines to assist in the mitigation and risk liability associated with street trees.?? Over the next 12 months this process will include further community consultation, a detailed tree asset inventory and assessment of the condition and suitability of urban street trees.

 

 

CONSULTATION:

 

Parks and Reserves Supervisor

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

Selection of local native trees is a benefit to the environment.

 

Social

 

There are no issues as a result of this report.

 

Economic

 

There are no issues as a result of this report.

 

Risk

 

Suitable trees are required to avoid damage to powerlines, underground services and pedestrian traffic.

Adherence to Council Insurers, Statewide Mutual, Best Practice Guidelines for Street Trees.

 

 

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

 

There are no funds required.

 

 

Attachments:

1View

24690/2011 - Councillors comments for review of Street Tree Guidelines

 

2View

25051/2011 - REVIEW OF POLICY - GUIDELINES - Street Tree Guidelines - Amended September 2011

 

3View

?- Circularised Document - Copy of Street Tree Guidelines showing tracked changes

 

??


General Purpose Committee - 14 September 2011

Review of Street Tree Guidelines

 

Comments from Councillors in regard to STREET TREE GUIDELINES

 

 

Page Number

Proposed Changes/Comments/Questions

Staff Response

P1

Intro

The intro should start with a positive rather than negative statement.? The intro should identify the importance and benefits of well selected and maintained street trees for social (amenity/shade), economic (leafy streets attract higher property prices, attract tourist etc) and environmental (habitat, biodiversity) reasons.? The current intro can still have a place here but just not up front.

 

The second and third paragraphs should not be part of the intro and would be better placed in 3 tree selection

Retain for discussion

 

 

 

 

Noted and amended

P2

Aims

1st para - Delete ?and importantly creates a theme that reflects the character of each township?.

 

 

 

 

 

 

2nd para should be under a new heading of ?Objectives?.

Retain for discussion.

Consultation will be undertaken with the various Chambers of Commerce as part of the community consultation over the next 12 months for the development of the Street Tree Management Plan.

 

Noted and amended.

P3

Developing a character

I disagree with this approach as it ignores critical considerations such as soil types local conditions and aspects.? If such an approach is to be followed the plan should explain how each character came to be selected for each town and how it is to be achieved.

Retain for discussion

P4

Tree maintenance

B lopping

i?? Tree lopping at the request of owner to remove overshadowing or potential overshadowing of solar panels, should be at the expense of the property owner, unless otherwise determined by Council.

 

ii? The onus should be on the house owner to demonstrate to Council?s satisfaction that a tree is in fact ?interfering with the healthiness of a habitable room?.

 

Retain for discussion

General comments

There is a need for a register of street trees

There needs to be a maintenance schedule for street trees with regular inspections for health, vandalism damage etc

Planting schedules must include an appropriate establishment plan to see the tree through its establishment phase to a point where it survive with minimal attention ie watering and mulching regimes.

Perhaps in some areas agreement can be met with local residents or volunteers groups to monitor and tend to young street trees ? an ?Adopt a street tree? program.

This policy applies to plantings in parks and reserves ? should the title reflect this?

Register of trees to be prepared when resources are available.

Page 5

7 Removal of trees b)

Add the words ?Where possible, new buildings should be located and designed to avoid the unnecessary destruction of existing trees.?

Noted and amended.

Pg 1

Dot point referring to low maintenance ? change to tree does not drop limbs, require extra watering or regular pruning after establishment and fruit and seedpod drop is minimal.

Last dot point change ?Provide? to ?provides?.

Note: As none of the dot points are complete sentences, I believe that all beginning words should start with lower case letters.

Noted and amended.

 

Noted and amended.
Noted and amended.

 

Pg 2

First paragraph: I wonder about ?creating a theme that reflects the character of each township?. How would this be achieved?

Suggest that a) is deleted. Change all starting words to verbs eg change ?To improve? to ?improve? and so on through out.

Again, I doubt the relevance of the last paragraph!

Retain for discussion.

 

Noted and amended.

 

Retain for discussion.

Pg 3

Again, I question whether it is important to develop the ?character? through the trees. Planting deciduous trees can be a problem because of the large leaf drop. Surely, the important thing is to have trees that will thrive, are suited to the local conditions and will not become problem trees. I believe all residents of the different villages like attractive trees.

Retain for discussion.

Pg 5

7

Change the paragraph re requests for removal by residents to fit in with recently approved policy.

There is no change to application method.

App A

Note that Harpullia pendula (a very common street tree in Brisbane) is a local native (include Y).

Could we also include the Flame Tree (Brachychiton acerifolius) which is also a local native. These lovely trees with there great red flowers are a popular street trees in an open area ? they can grow to be quite tall in the rainforest but in the open will be between 12 and 20 metres.

Noted and amended.

Accept Y for native and N for under powerlines.

 

 

 


General Purpose Committee - 14 September 2011

Review of Street Tree Guidelines

 

NAMBUCCA SHIRE COUNCIL

 

STREET TREE GUIDELINES

 

ADOPTED 14 APRIL 2010

 

VERSION 2.0

 

 

?????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????? Page

 

1??????????? INTRODUCTION??????????????????????????????????????????????????????????????????????????? 1

 

2??????????? AIMS??????????????????????????????????????????????????????????????????????????????????????????????? 2

 

3 ?????????? OBJECTIVES???????????????????????????????????????????????????????????????????????????????? 2

 

4??????????? TREE SELECTION??????????????????????????????????????????????????????????????????????? 2

 

5??????????? DEVELOPING A ?CHARACTER??????????????????????????????????????????????????? 3

 

6??????????? TREE LOCATIONS??????????????????????????????????????????????????????????????????????? 4

 

7??????????? TREE MAINTENANCE?????????????????????????????????????????????????????????????????? 4

 

8??????????? REMOVAL OF TREES?????????????????????????????????????????????????????????????????? 5

 

9??????????? UNSUITABLE STREET TREES??????????????????????????????????????????????????? 6

 

????????????? APPENDIX A ? SUITABLE STREET TREES??????????????????????????????? 7

 

????????????? APPENDIX B ? UNSUITABLE STREET TREES?????????????????????????? 9

 

 

(Revised by Council 20 October 2010)

 


General Purpose Committee - 14 September 2011

Review of Street Tree Guidelines

 

 

1?????? INTRODUCTION

 

The streetscape is a harsh environment of poor and compacted soils, cramped conditions and pollution.? Difficult site conditions combined with the risk of vandalism and limited maintenance resources makes growing and caring for street trees a challenging exercise.

 

 

2?????? AIMS

 

The principal aims are to improve aesthetics, provide shade, reduce noise, provide screening, wind protection, create habitat for native fauna and importantly create a theme that reflects the character of each township.

 

 

3?????? OBJECTIVES

 

These aims can be expanded to become the following list of objectives:

 

a)????? reflect the character of each village and township.

 

b)????? improve the aesthetics of urban areas.

 

c)????? provide shelter from the sun and wind.

 

d)????? Minimise conflict between trees and pedestrians.

 

e)????? Minimise the effect of trees on traffic safety in the areas of sight distance and roadside hazards.

 

f)?????? protect trees on streets from damage and vandalism.

 

g)????? Protect historically important trees.

 

h)????? Minimise possible damage to vehicles.

 

i)??????? Reduce and prevent conflict between trees and services such as water and sewerage pipes.

 

j)??????? Reduce and prevent damage to structures such as road, footpaths, kerb and gutter and buildings.

 

k)?????? select trees suitable to the local climate and site conditions.

 

??????????? l)?????? Where possible, select species which provide habitat for local nature and wildlife.

 

 

4?????? TREE SELECTION

 

The tree species to be planted can be selected from the list in Appendix A.

 

The final site conditions and constrains such as power lines, footpaths and traffic view lines must be considered when selecting appropriate tree species.

 

Regard should also be given to the selected species contributing to the town or village ?character?.

 

Planting unsuitable tree species at a given site can cause problems in regard to:

 

????? road safety

 

????? interference to overhead electrical wires and lighting

 

????? damage to footpaths, gutters and roads

 

????? blockage and breakage of sewerage pipes

 

????? goundation damage to buildings

 

????? obstruction to pedestrians (branches)

 

????? risk to pedestrians and private property (fruit, seed pods and dropping limbs)

 

????? failure of tree to grow and thrive.

 

 

The aim is to select desirable trees that can combat such conditions and possess these characteristics:

 

????? long lived to reduce replacement costs and provide continuity

 

????? drought and wind tolerant

 

????? low maintenance - tree does not drop limbs, require extra watering or regular pruning after establishment and fruit and seedpod drop is minimal.

 

????? deep rooted - a central tap root causes less damage than spreading roots

 

????? does not grow excessively tall

 

????? disease and pollution resistant

 

????? suitable to the local climate and site conditions

 

provides habitat for native fauna.

 

5?????? DEVELOPING A ?CHARACTER?

 

Each urban area has a nominated ?character? or theme and the aim is to enhance this by choosing appropriate street trees.

 

a)??? Macksville

This town is the commercial and civic centre of the Shire.

 

The character should reflect this view of the town.? Landscaping needs to emphasise this theme by using trees that are traditional, conservative, durable, even stately.

 

Street tree planting that suits this style includes avenues, formal planting, use of deciduous trees and those with symmetrical shapes both native and introduced species.

 


b)??? Nambucca Heads

 

This is the largest town and focus of the greatest tourist numbers.? The ?character? needs to reflect a holiday atmosphere.

 

Suitable street trees to emphasise this mood would have colourful flowers or foliage and be tropical or rainforest species.

 

c)??? Scotts Head and Valla Beach

 

Both are small coastal villages that cater to a large influx of visitors at holiday periods.

 

The nominated theme is again to reflect a coastal holiday.? Australian natives tolerant to the harsh conditions are appropriate.

 

d)??? Bowraville

 

This town has an historical background that can be emphasised by compatible tree planting.

 

Trees with a heritage value need to be protected.? Australian natives would best promote the theme.

 

e)??? Eungai Creek, Eungai Rail, Taylors Arm

 

These are small villages typical of rural Australia and the tree planting should reflect this feeling.

 

Australian natives are the most appropriate species to use as street trees.

 

 

6?????? TREE LOCATIONS

 

To avoid future problems it is necessary to plant trees in the correct locations.? The following guidelines are to be used in positioning new trees:

 

a)??? The roadside edge of a mature tree trunk should be no closer than 1.5 metres to the kerb face where there is no likelihood of a concrete path being constructed.? Council does not permit landscaping within 1.5 metres of the kerb to prevent obstructions to pedestrians.

 

Where a concrete path has been built or is likely to be built (eg near schools, commercial areas and high density housing) then the roadside edge of the mature tree should be located 2.4 metres from the kerb face.

 

b)??? At intersections the trees are to be no closer than 10 metres from the property boundary line.

 

c)??? Sharp bends in streets may be unsuitable areas for street trees as they may restrict vision for motorists.

 

d)??? Trees are not to be planted in areas where there is obvious evidence of vehicle accidents such as scuffed power poles and kerbs or repaired house fences.

 

e)??? At driveways, pedestrian crossings and bus stops no minimum distance is nominated but trees should be chosen that are suitable for pruning of the lower branches to give a clear sight for motorists and not be a ?bushy? type tree.

 

 

7?????? TREE MAINTENANCE

 

Preferred street tree species are those which require minimum maintenance.

 

a)??? Routine Maintenance is carried out to ensure:

 

i???? Sight distance or road lighting is not obstructed by existing tree and shrub canopies.

 

ii??? Juvenile trees do not develop lower limbs that block footpaths, prevent parking or are likely to be struck by vehicular traffic travelling in traffic lanes.

 

b)??? Lopping

 

A street tree will be considered for lopping under the following circumstances:

 

i?????? When a tree is interfering with or may interfere with the efficiency of a solar panel and at the request of the owner.

 

ii????? If a tree is interfering with the healthiness of a habitable room by reducing the transmission of natural light and ventilation as determined by the house owner.

 

iii???? Country Energy is required to comply with regulations relating to power supplies.? This means lopping of trees to maintain specified clearances from power lines.? Council has an agreement with Country Energy relating to street tree maintenance.? Country Energy has a document called ?Vegetation Management Plan?.? This document is on their website and it lists, on page 15, tree species that are not suitable under power lines.

 

 

8?????? REMOVAL OF TREES

 

There are circumstances when the only option is to remove a tree.? When determining whether or not a tree is to be removed the following factors will be taken into consideration:

 

a)??? The tree is dead, dying, diseased or dangerous.

 

b)??? The tree is causing or likely to cause damage to existing buildings.? Where possible,? newbuildings should be located and designed to avoid the unnecessary destruction of existing trees.

 

c)??? The tree is interfering with sewerage, stormwater or water mains to the extent that structural damage is being caused.? Blockage of the pipe is insufficient reason alone.? Consider also the condition of the pipe and the possibility of future problems.? Trees listed as ?Unsuitable Street Trees? in Appendix B can be removed immediately.

 

d)??? The tree has directly caused three or more road accidents in a five year period.

 

e)??? The tree has caused damage to the footpath, kerb and gutter or road.

 

f)??? The tree is required to be removed for approved roadworks provided reasonable consideration has been given to alternative locations for such work.

 

g)?? Risk of personal injury posed by the tree.?