NAMBUCCA

SHIRE COUNCIL

 


Ordinary Council Meeting

AGENDA ITEMS

29 November 2012

 

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

 

Our Vision

Nambucca Valley ~ Living at its best.

 

Our? Mission Statement

 

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

 

Our Values in Delivery

?                Effective leadership

?                Strategic direction

?                Sustainability of infrastructure and assets

?                Community involvement and enhancement through partnerships with Council

?                Enhancement and protection of the environment

?                Maximising business and employment opportunities through promotion of economic development

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

?                Actively pursuing resource sharing opportunities

 

Council Meetings:? Overview and Proceedings

 

Council meetings are held on the last Thursday of each month commencing at 5.30 pm AND and a full day meeting commencing at 8.30am on the Wednesday two weeks and one day before the Thursday meeting. Meetings are held in the Council Chamber at Council's Administration Centre?44 Princess Street, Macksville.

 

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

 

1??????? Addressing Council with regard to an item on the meeting agenda:

 

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

 

2??????? Public forum address regarding matters not on the meeting agenda:

 

Council allows not more than two (2) members of the public per meeting to address it on matters not listed in the agenda provided the request is received before publication of the agenda and the subject of the address is disclosed and recorded on the agenda.

 

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

 

Meeting Agenda

 

These are available from the Council's Administration Building, the Regional Libraries in Macksville and Nambucca Heads as well as Council?s website: www.nambucca.nsw.gov.au


 

NAMBUCCA SHIRE COUNCIL

 

Ordinary Council Meeting - 29 November 2012

 

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

 

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

 

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

 

1??????? APOLOGIES

2??????? PRAYER

3??????? DISCLOSURE OF INTEREST

4??????? CONFIRMATION OF MINUTES ? Ordinary Council Meeting - 14 November 2012

5??????? NOTICES OF MOTION ?

6??????? DELEGATIONS/PUBLIC FORUM

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

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

9??????? General Manager Report

9.1???? Outstanding Actions and Reports....................................................................................... 6

9.2???? Comparative Information on NSW Councils 2010/2011........................................................ 13

9.3???? Gumma (Boulton's Crossing) Reserve............................................................................... 18

9.4???? Proposed Highway Service Centre - Valla.......................................................................... 76

9.5???? Grant Application Status Report ...................................................................................... 80

9.6???? Regional State of the Environment Report 2011/12............................................................. 83

9.7???? Water and Sewerage Access Charges and Domestic Waste Charges for Multi Residential - 2012/2013..................................................................................................................................... 98

9.8???? Crosswinds Wetlands Nature Reserve Committee of Management - Minutes of Annual general Meeting - 27 September 2012....................................................................................................... 105

9.9???? Water Usage - Macksville Park and Council Facilities Generally........................................ 108

9.10?? Draft Flying Fox Plan of Management, Grassy Park, Bowraville......................................... 111

9.11?? Clarence Regional Library - Distribution of the Assets and Liabilities Pertaining to the Agreement which Lapsed on 1 November 2011........................................................................................... 115

10????? Assistant General Manager Corporate and Community Services Report

10.1?? Nambucca Shire Council Access Committee Meeting - 23 October 2012 - Report............... 125

10.2?? DA's and CDC's Received and Determined Under Delegated Authority from 5-16 November 2012.... 130

10.3?? Outstanding DA's greater than 12 months, applications where submissions received not determined to 16 November 2012............................................................................................................. 132

10.4?? DEP Applications and Statistical Reports 2011-2012, And Certificates Received 2010-2012 (October 2012).................................................................................................................................... 135

10.5?? Annual Report 2011-2012............................................................................................... 139

10.6?? Plumbing and Drainage Act 2012 - Delegation to Council of Functions................................ 147

10.7?? Swimming Pool Legislation - Revised.............................................................................. 153

10.8?? DA 2012/011 346 Residential Lot Subdivision - Bellwood. Update on Assessment............... 158

10.9?? Review of Policies - Payment of Fees, Expenses & Provision of Facilities to Councillors; Councillor Training and Development Policy: Use of Internet and Email Policy.................................... 173

11????? Assistant General Manager Engineering Services Report

11.1?? Water and Sewerage Steering Committee - 7 November 2012 - Minutes............................. 178

11.2?? Bowraville Childrens Christmas Party 2012 - Application for Temporary Road Closure - High Street Bowraville - .................................................................................................................. 184

11.3?? Closure of Captain Cook Lookout Viewing Platform for safety reasons................................ 184 ???


 

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

12.1?? Clarence Regional Library - Distribution of the Assets and Liabilities Pertaining to the Agreement which Lapsed on 1 November 2011

It is recommended that the Council resolve into closed session with the press and public excluded to allow consideration of this item, as provided for under Section 10A(2) (e) of the Local Government Act, 1993, on the grounds that the report contains information that would, if disclosed, prejudice the maintenance of law.

 

12.2?? Bowraville Off River Water Storage - Negotiations for Access Agreements

It is recommended that the Council resolve into closed session with the press and public excluded to allow consideration of this item, as provided for under Section 10A(2) (a) (c) of the Local Government Act, 1993, on the grounds that the report contains personnel matters concerning particular individuals; AND the report contains information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business.

??

??????????? a????? Questions raised by Councillors at 8 above

 

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

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

???? TO CLOSE

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

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

13????? MEETING CLOSED TO THE PUBLIC

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

 

 


NAMBUCCA SHIRE COUNCIL

 

 

DISCLOSURE OF INTEREST AT MEETINGS

 

 

Name of Meeting:

 

Meeting Date:

 

Item/Report Number:

 

Item/Report Title:

 

 

 

I

 

declare the following interest:

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

 

 

 

 

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

 

 

 

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

 

 

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

 

For the reason that

 

 

 

 

 

 

Signed

 

Date

 

 

 

 

 

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

 

Council?s Facsimile Number ? (02) 6568 2201

 

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

 


Definitions

 

(Local Government Act and Code of Conduct)

 

 

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

(Local Government Act, 1993 section 442 and 443)

 

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

 

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

 

 

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

 

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

 

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

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

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

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

 

??????? ?


Ordinary Council Meeting????????????????????????????????????????????????????????????????????????????????????????????? 29 November 2012

General Manager

ITEM 9.1????? SF959????????????? 291112???????? Outstanding Actions and Reports

 

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

 

 

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

 

 

Recommendation:

 

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

 

 

 

No

FILE

NO

COUNCIL

MEETING

SUMMARY OF MATTER

ACTION

BY

STATUS

 

JULY 2010

1

SF218

15/07/10

Council review investigations to extend sewer to the Lower Nambucca and investigate effluent disposal issues in Eungai.

 

GM/

AGMCCS

Letter sent to owners in Lower Nambucca. Briefing and discussion with property owners to be arranged.

DEP to investigate Eungai.

De Groot Benson contacted concerning a meeting date in February 2011.

Information sent through to consultant. Meeting now not likely to late March 2011.

Consultant advised that meeting will need to be deferred to May 2011 due to unavailability.

Staff workloads have not permitted to proceed in May. June now targeted.

Now deferred to August.

Costing being prepared on a pressurised system so facts and figures will be discussed.

 

Further deferred until full compliment of staff on board.

 

The issue at Lower Nambucca was discussed at a staff meeting on 30 October.? It was agreed that there was no point developing proposals for the Lower Nambucca without any large new development to ?anchor? a likely substantial investment by Council.? Also Council?s Water and Sewerage Funds now have limited capacity to borrow.

 

The situation at Eungai will be monitored by Council?s new on-site sewage management Inspector who has recently commenced duties with Council.

 


 

MARCH 2011

2

DA2010/234

17/3/11

Council develop a policy as to the cumulative impacts of locating fill on the floodplain at Macksville and also review the matrix in the Floodplain Risk Management Plan

 

GM

Brief to be prepared and new floodplain study to be undertaken during 2011.

RTA has now engaged Consultants to prepare a new full and comprehensive flood study which will be provided to Council upon completion. At this time Council will be able to proceed to complete a new Flood Plain Risk Management Plan incorporates a revised matrix.

DEP advised meeting arranged with RTA.

Draft flood study likely to be presented to Council May/June 2012.

Re the delay, Council?s Strategic Planner has followed up the RMS.

Staff meeting with Consultants on Wednesday 18/10/12.

 

JUNE 2011

3

SF841

2/06/2011

Council write to the RTA requesting they design the new Nambucca River bridge at Macksville to provide 62m between the main channel piers and ensure the bridge is tall enough to allow yachts to pass under at maximum high tide.

 

AGMCCS

Letter sent 8 June 2011.

No response as at 6 December 2011.

Further letter sent 10 January 2012.

 

No formal response, however RMS have verbally advised that a formal response will be with Council prior to the end of May 2012

DEP to follow up with RMS.

 

To be discussed further with RMS.

JULY 2011

4

SF1031

21/7/2011

That the policy for Climate Change Adaption be deferred to allow amendments to be made to the draft policy

 

GM

Policy under revision and to be reported to future meeting.? Also the State Government policy has recently changed.

OCTOBER 2011

5

SF1595

20/10/2011

Council review its Tree Maintenance and Removal Application Policy asap, to provide greater clarity with regard to application assessments

 

AGMES

January GPC

Draft policy to be provided to Councillors at the end of January for comment and report to March GPC.

 

Further work being undertaken on the policy emanating from the resolutions of Council?s meeting 2/2/12. Draft policy will now be provided to Councillors for comment at end of February.

Due to natural disasters deferred to May 2012.

Deferred until   October following the election of the new Council and to be included in Tree Register? Item No 11 below. Deferred to November 2012.

 

6

SF938

3/11/2011

Council receive from the Property Officer a draft policy on future licensing for water reservoir space

 

GM

Report in December 2011. Deferred due to resignation of Property Officer.? With the deletion of the Property Officer position from Council?s budget, there are insufficient staff resources to research and prepare a draft policy.

7

SF1460

17/11/2011

Structure of the Farmland (rate) Category be changed to incorporate the statutory minimum with ad valorem maintaining yield. Council undertake a review of the farmland criteria to better reflect high intensity pursuits.

 

AGMCCS

Farmland criteria to be revised prior to the issuing of the 2012/13 rates.

 

Change in Rates staff meant that there has not been the opportunity to review the criteria.? To be reported in 2012/2013.

 

 

 


 

JANUARY 2012

8

SF742

19/01/2012

Council prepare a draft brochure to demonstrate land slip risk and tips for minimising risk.

 

GM

Aim to have completed by June 2012.

Existing information brochures have been sourced.

Small item in rates newsletter.? Grants Officer to prepare brochure.

 

FEBRUARY 2012

9

GB2/12

02/02/2012

Appropriate sized nesting boxes be place in trees in close proximity to the Cabbage Gum site (Link Road)

AGMES

20 nesting boxes organised and will be installed once they have been received; two advanced trees ordered and will be planted.?

Nesting boxes have now been delivered and will be installed shortly.

 

MARCH 2012

 

10

SF1743

15/03/2012

The tree register be referred back to the DES so that he may prepare a further report and recommendation to Council on a proposal which addresses historic, senescent or publicly significant trees on public land in urban areas.

 

AGMES

Report will be presented to Council in August 2012,

 

To incorporate outstanding action No 5 above.

 

Deferred until October following Council elections.

Deferred until November 2012.

 

 

11

SF1714

11/04/2012

Council receive a report setting out the number of rural blocks which front sealed roads but do not have a building entitlement.

 

GM

Deferred to June 2012.

Investigations to commence when Strategic Planner returns from leave in August.

Investigations underway.

 

 

12

SF1714

11/04/2012

Council review the availability of industrial (employment) land at Nambucca Heads and Macksville and if necessary take steps to rezone further land.

 

GM

Deferred to June 2012.

Investigations to commence when Strategic Planner returns from leave in August.

 

Investigations underway.

 

JUNE 2012

 

13

SF1747

29/06/2012

Council receive a report on the opportunities for employing and/or training its own traffic controllers and also enquiring about purchasing and utilising automatic traffic signals.

 

AGMES

Report to the August Council Meeting.

Report deferred until October following the Council elections due to the potential purchase of portable traffic lights.?

Deferred until November 2012

See Item in Business Paper

 

 

JULY 2012

 

14

PRF54

26/7/2012

Council defer a decision on the use of the Boulton?s Crossing Reserve and make urgent representations to the Deputy Premier seeking his assistance in resolving the issues.

 

GM

Letter sent w/e 3 August 2012.? Also funding application under the Public Reserves Management Fund submitted on 31 July 2012.

Will report back upon determination of application.

Report in business paper 10/10/12 on camping fees

Awaiting advice from Manager Applications and Compliance in relation to effluent system and water tank stand.

Reported to Council?s meeting on 29 November 2012.

 

15

SF399

26/7/2012

Council to consider ?loss? of $191,545 in FAG income in September quarter budget review.

 

GM

Report in November 2012

 

 


 

AUGUST 2012

16

SF96

15/08/2012

Council develop a policy in relation to the erection of signs on public land.

 

AGMES

A draft policy will be developed for Council in November 2012

SEPTEMBER 2012

17

SF988

27/09/2012

Council write again to Mr Stewart Dowrick and the Hon. Andrew Stoner MP reminding them that dialysis at Macksville Health Campus was part of a health strategy many years ago ? requesting when might the community expect an answer.

 

GM

Letters sent 3 October 2012

 

No response as at 6 November 2012

18

SF929

27/09/2012

Council write to NV Tourism and ask them to suggest a strategy for the future of the VIC taking into consideration a number of factors.

 

GM

Letter sent 3 October 2012

19

DA2012/093

27/09/2012

Council develop a Management Plan for Lions Park as soon as possible.

 

AGMES

Report in December 2012

 

Deferred to February 2013 subject to outcomes of stakeholder meeting

 

20

SF768

27/09/2012

Further report on Weekes bridge and a further inspection.

 

AGMES

To be scheduled for Council meeting on 12 December 2012

21

SF84

27/09/2012

Council write to the Minister for Police and Emergency Services & others advising that a formal written explanation has not been forthcoming on the RFS line items ?other support? , ?insurances? and why RFS budgets are not provided to Council by 28 February in accordance with the service level agreement.?? Council also advise that it doesn?t accept paying for the GRN which is not available in the Nambucca Valley.

 

AGMES

Letter sent 5 October 2012.

Acknowledgement of receipt of letter received.

OCTOBER 2012

22

SF430

10/10/2012

That the Plan of Management (for Grassy Park) be modified to reflect the fact that the buffer zone is not intended to provide flying fox roosting habitat and as such any vegetation that attracts roosting flying fox will be removed.? Subject to OEH providing written endorsement of this interpretation of the PoM, the PoM be reconsidered.

 

GM

Letter sent 17 October 2012.? Written endorsement has now been received by OEH.? Report to Council?s meeting on 14 November 2012 deferred to enable objectors to be notified.

23

SF430

10/10/2012

That Council respond to the OEH advising their response to Council?s letter concerning the State wide management of flying fox was unacceptable and asking them to develop a policy to ensure the establishment of flying fox camps well away from people.

 

GM

Letter sent 17 October 2012

24

SF1618

10/10/2012

That Council approach the Nambucca Senior Citizens Centre with a view to arranging a meeting to discuss a possible partnership with U3A and a mutually agreeable arrangement for sharing of the facility.? Further, that the opportunity for transfer of the building from Council ownership also be discussed.

 

GM

Letter sent 17 October 2012

Meeting arranged with stakeholders (Nambucca Senior Citizens, U3A, Mayor and GM) on 16 November 2012.? It is understood that further negotiations between the two groups to arrive at a rental agreement for the premises were unsuccessful.

25

SF688

10/10/2012

That Council endorse the proposed replacement projects for the 2012/2013 EL works program and place them on exhibition for 28 days subject to a change in wording for CBD streetscape improvements.? Project list needs to be referred to Estuary Committee for comment.

 

GM

Exhibition commencing on 25 October 2012.

 

 

26

SF688

10/10/2012

Council receive a report to establish a rainwater tank rebate under its water fund and that the provisions of the existing rebate scheme be reviewed to achieve a higher take up rate.

 

AGMES

Report to February 2013 meeting.

27

SF688

10/10/2012

That Council receive a brief report and recommendation on the possibility of extending the environmental levy program to allow for more flexibility and avoidance of re-votes.

GM

Report in December when EL works program comes back to Council for adoption.

28

SF1672

10/10/2012

Water and sewerage access charges be deferred to the first meeting in November 2012 to allow the Rates Officer the opportunity to make a recommendation regarding extending the phasing in of the charges over a longer period for those most significantly affected.

 

AGMCCS

Report in November 2012

29

SF1672

10/10/2012

Council receive a report on the options for reclassifying properties such as bedsits in line with the classification of motel rooms for purposes of levying water, sewer and waste charges and the precedent that such action would create in terms of numbers of properties and revenue.

 

AGMCCS

Report in November 2012

30

PRF54

10/10/2012

That the changes to camping fees at Boulton?s Crossing be deferred pending advice on the safety of the tank stand and whether or not the onsite sewerage management system meets Council?s requirements.? Also whether Council has public liability insurance cover for the camping ground given its legal status.

 

GM

Report in November 2012

31

SF544

10/10/2012

That a draft Section 94A contributions plan be submitted to Council no later than early 2013 to enable a draft works schedule to be advertised with the draft 2013/2014 Operational Plan.

 

GM

Report in January 2013

32

SF1185

10/10/2012

Naming of beach area off Ferry Street be deferred due to an undertaking that there be a meeting with the various stakeholders.

AGMES

Meeting to be arranged with stakeholders ? report deferred to February 2013.

33

DA2012/069

25/10/2012

Council to seek full external funding for independent traffic study for Pacific Highway Upper Warrell Creek Road Intersection

MBD/

G&CO

Investigations underway

34

SF382

25/10/2012

Scotts Head Caravan Park Exhibition of Option 1 and Councillor site inspection

GM

Proposed Option 1 on exhibition.

Site Inspection scheduled 14 November 2012 ? see Item in Business paper

35

PRF20

25/10/2012

Anzac Park ? Placement of Armoured Personnel Carrier and acceptable fence design

GM/MB/SRO

Discussions to be held in regards to fence if Lions Club secure an APC

36

SF1676

25/10/2012

Capital works variations to be included in September 2012 Budget Review

 

 

AGM-ES/MFS

Budget Review underway

NOVEMBER 2012

37

SF734

14/11/2012

Request to acquire a small section of Gordon Park, Nambucca Heads ? be deferred to Council?s meeting on 12/12/2012

GM

Report to meeting on 12/12/2012

38

SF430

14/11/2012

Draft Flying Fox Plan of Management, Grassy Park ? defer to enable residents to be notified.

 

GM

Report to meeting on 29/11/2012

39

SF1709

14/11/2012

Review of planning and DA?s and statistical information reports be deferred for 1 month to allow Councillors the opportunity to look at DA?s online.

 

AGMCCS

Report to meeting on 12/12/2012

40

SF768

14/11/2012

Laverty?s Bridge replacement ? matter be deferred to clarify the costing of option 1 and option 2.

 

AGMES

Report to meeting on 12/12/2012

Attachments:

There are no attachments for this report.

?


Ordinary Council Meeting????????????????????????????????????????????????????????????????????????????????????????????? 29 November 2012

General Manager's Report

ITEM 9.2????? SF136????????????? 291112???????? Comparative Information on NSW Councils 2010/2011

 

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

 

Summary:

 

The latest comparative information for NSW Councils was recently published by the Division of Local Government.? The data is for the financial year ended 30 June 2011 although some of the population data is older than that.? Whilst it is a year ?out of date? it provides very good comparative data on key performance indicators for all Councils.

 

 

Recommendation:

 

That the information concerning the comparative information on NSW Councils for 2010/2011 be received.

 

 

OPTIONS:

 

There are no real options.? The report is based on information published by the Division of Local Government.

 

 

DISCUSSION:

 

The latest comparative information for NSW Councils was recently published by the Division of Local Government.? Most of the data is for the financial year ended 30 June 2011.? Whilst it is a year ?out of date? it provides very good comparative data on key performance indicators for all Councils.

 

Whilst the data groups similar sized Councils, a comparison of Mid North Coast Councils has been undertaken as it is our ?community of interest? and the benchmark against which the community is most likely to make comparisons.

 

The following is a snapshot of comparative data for the eight Mid North Coast Councils.? It does not include all of the comparative data, but rather key indicators which are likely to be of interest.? The full report can be viewed on the Division of Local Government?s website under publications and comparative data.

 

 

General Profile

 

Council

Est. Pop?n at 30/6/2010

Pop?n Density (pop?n/area km2)

Pop?n growth ? 5 year average %

ATSI Pop?n

NESB Pop?n

Coffs Harbour

72,827

62.0

1.70

3.56

4.85

Bellingen

13,450

8.4

0.90

2.58

3.68

Nambucca

19,369

13.0

0.91

5.73

2.75

Kempsey

29,442

8.7

0.70

9.27

2.53

Port Macquarie Hastings

76,323

20.7

1.56

2.58

3.33

Greater Taree

48,955

13.1

0.93

4.27

2.97

Great Lakes

35,924

10.6

1.15

3.06

3.38

Gloucester

5,181

1.8

1.00

3.56

2.42

 


 

Average 2010/2011 Rate per Assessment ? Residential, Farmland, Business

 

Rates are an important source of a council?s revenue.? The indicator highlights the relative level of the councils? residential, business and farmland rates.? It does not include water and sewerage rates or domestic waste management charges.? The tables are listed in apparent order from highest to lowest.

 

Council

Average Residential Rate $

Port Macquarie - Hastings

880.35

Great Lakes

862.03

Coffs Harbour

785.05

Bellingen

758.87

Greater Taree

726.40

Nambucca

717.28

Kempsey

648.53

Gloucester

557.12

 

 

Council

Average Business Rate $

Coffs Harbour

3,563.97

Port Macquarie - Hastings

2,927.36

Greater Taree

2,363.70

Great Lakes

2,331.39

Nambucca

1,444.08

Kempsey

1,435.64

Bellingen

912.93

Gloucester

502.37

 

 

Council

Average Farmland Rate $

Gloucester

2,554.03

Bellingen

1,644.57

Port Macquarie - Hastings

1,555.38

Nambucca

1,494.78

Coffs Harbour

1,429.76

Kempsey

1,268.31

Greater Taree

1,158.20

Great Lakes

546.61

 

 

Outstanding Rates and Annual Charges for 2010/2011

 

This indicator assesses the impact of uncollected rates and annual charges on liquidity and the effectiveness of a council?s debt recovery.? The percentage of rates and annual charges that are unpaid at the end of a financial year is a measure of how well a council is managing debt recovery.

 

Council

Outstanding Rates and Annual Charges %

Port Macquarie - Hastings

8.70

Bellingen

7.24

Great Lakes

6.44

Greater Taree

6.16

Nambucca

6.16

Gloucester

6.14

Coffs Harbour

6.12

Kempsey

4.86

 


 

Unrestricted Current Ratio

 

This indicator is a measure of a Council?s ability to meet its financial obligations.? It assesses the level of liquidity and the ability to satisfy obligations as they fall due in the short term.? A ratio of 1.5:1 indicates that for every dollar in unrestricted current liabilities, the council has $1.50 in unrestricted current assets on hand to meet the liability.? According to the Division of Local Government, a ratio of less than 1.5:1 is unsatisfactory.? A ratio of between 1.5:1 and 2:1 is regarded as satisfactory and a ratio of 2:1 or better is regarded as good.

 

Council

Unrestricted Current Ratio (ratio:1)

Gloucester

1.10

Greater Taree

1.28

Port Macquarie - Hastings

1.89

Nambucca

2.30

Kempsey

2.46

Great Lakes

2.85

Bellingen

2.99

Coffs Harbour

3.22

 

 

Debt Service Ratio

 

The indicator assesses the degree to which revenues from continuing operations are committed to the repayment of debt.? It is measured by the net debt service cost x 100/income from continuing operations.? It is generally higher for councils in growth areas where loans have been required to fund infrastructure such as roads and water and sewerage works.? High growth coastal councils have had high debt service ratios.? The Division of Local Government?s accepted benchmark for debt service ratio is <10% satisfactory, 10% to 20% fair, and >20% is of concern.

 

Council

Debt Service Ratio %

Coffs Harbour City Council

31.03

Kempsey

18.44

Nambucca

13.11

Port Macquarie - Hastings

12.37

Great Lakes

9.02

Gloucester

3.37

Bellingen

0.91

Greater Taree

No figure

 

* Note ? Greater Taree and Great Lakes were not water and sewerage authorities

 

 

Building and Infrastructure Renewal Ratio

 

Council?s control and have responsibility for assets such as roads, stormwater drainage, sewerage/water schemes, buildings, bridges, plant and equipment.? An indication of good asset management is whether asset maintenance and replacement is keeping up with depreciation of the asset.

 

This indicator assesses a council?s rate at which these assets are being renewed against the rate at which they are depreciating.? Renewals are defined as replacement of existing assets as opposed to the acquisition of new assets.? The formula used for this indicator is

 

Asset renewals (building and infrastructure) x 100/2010-11 depreciation, amortisation and impairment (building and infrastructure) expense

 

A ratio of 1:1 indicates that the renewal of assets equals the amount of depreciation, amortisation and impairment.

 

 

Council

Building and Infrastructure Renewal Ratio %

Coffs Harbour City Council

11.63

Greater Taree

12.44

Port Macquarie - Hastings

21.73

Gloucester

48.70

Bellingen

50.69

Kempsey

66.79

Great Lakes

72.44

Nambucca

83.57

 

This is a particularly pleasing result.? The asset renewal ratio is a key indicator in the financial sustainability of Councils.? This Council has put a lot of hard work into improving the ratio and it is pleasing to observe that even though it is not at a sustainable level, the Council performed well in comparison to other Mid North Coast Councils.? It should be noted that this achievement was on the back of numerous special rate variations and significant borrowings to fund additional capital expenditure on asset renewal.? As such it is unlikely that the ratio will be maintained at this level.

 

 

Number of Equivalent Full Time Staff

 

Some factors affecting this indicator are the Council?s budget and organisation structure; changes in the use of casual staff; the level of contracting out; the type and extent of service delivery; whether the Council has created or reduced service delivery; and whether the Council has created or reduced services.

 

Council

Equivalent Full Time Staff

Change from Previous Year

Coffs Harbour City Council

515

-9

Port Macquarie - Hastings

452

+5

Great Lakes*

298

+1

Kempsey

275

+10

Greater Taree*

237

-20

Bellingen

140

-2

Nambucca

127

-3

Gloucester

91

+5

 

* Neither Great Lakes nor Greater Taree have responsibility for water and sewerage.

 

 

Equivalent Full Time Staff Per 1,000 Population

 

This table is not in the comparative information report but it can be derived as follows:

 

Full time equivalent staff

Population/1,000

 

The ratio will vary depending upon the level of contracting out; the type and extent of service delivery; and the type and extent of services offered by the Council.? As wages and salaries are a Councils most significant operating cost, it provides an indication of that cost relative to the population of the local government area.


 

 

Council

No. of equivalent full time staff per 1,000 population

Greater Taree*

4.84

Port Macquarie - Hastings

5.92

Nambucca

6.56

Coffs Harbour

7.07

Great Lakes*

8.30

Kempsey

9.34

Bellingen

10.41

Gloucester

17.56

 

* Neither Great Lakes nor Greater Taree have responsibility for water and sewerage.? Typically these functions account for approximately 1/3 of a Council?s operations.

 

 

CONSULTATION:

 

There has been no consultation preparing this report.

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are no implications for the environment.? The report is for information.

 

Social

 

There are no social implications.? The report is for information.

 

Economic

 

There are no economic implications.? The report is for information.

 

Risk

 

There are no risk implications.

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

There is no impact on the budget.

 

Source of fund and any variance to working funds

 

There is no impact on working funds.

 

Attachments:

There are no attachments for this report.


Ordinary Council Meeting????????????????????????????????????????????????????????????????????????????????????????????? 29 November 2012

General Manager's Report

ITEM 9.3????? PRF54????????????? 291112???????? Gumma (Boulton's Crossing) Reserve

 

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

 

Summary:

 

Council needs to make some decisions about the future of the Gumma (Boulton?s Crossing) Reserve.

 

The report outlines numerous representations from Council to various Departments and Ministers over the past two and half years which have not achieved any outcome.

 

There have similarly been many reports concerning the Reserve over the past two and a half years.? This report is the eighth.

 

The Section 355 Committee of Management has not been operational since 1 April 2012 when the President, Secretary/Treasurer and one other Committee representative resigned.? One of the two remaining members of the Committee who collected camping fees also resigned on 13 November 2012.

 

The Council needs to determine who is going to be responsible for the operation of the camping ground as well as its future direction.

 

 

Recommendation:

 

That Council determine a course of action in relation to the Boulton?s Crossing (Gumma) Reserve which includes:

 

1.???????? Deciding on the action, if any, which is to be undertaken in relation to the legislative non-compliance

2.???????? Deciding on the action, if any, which is to be undertaken in relation to the failing on-site sewage management system

3.???????? Deciding on the action, if any, which is to be undertaken in relation to the tank stand

4.???????? Deciding on future management arrangements

5.???????? Deciding on whether a plan of management will be prepared for the Reserve and by whom

6.???????? Deciding on a budget for any action identified and the source of funding including the camping fees for the Reserve and

7.???????? The advice to be provided to Mr Pat Burgess in response to his proposal which is attached to this report.

 

 

OPTIONS:

 

As the resolution of the issues concerning the Gumma (Boulton?s Crossing) Reserve have now dragged on for over two and a half years, the option of continuing to defer the making of substantive decisions on its future is becoming less viable.

 

Crucial to the future of the Reserve is identifying a source of funding for the replacement of the on-site effluent management.? It is evident that substantial expenditure is required to address the failed on-site sewage management system.? A plan of management also needs to be prepared which may identify the need for further expenditure. This expenditure will far exceed the $28,000 which the Committee of Management has in its bank account.? The grant application made by Council for the on-site sewage management system estimates an expenditure of $156,000.

 

Council?s Delivery Program acknowledges that the cost of asset renewal means that the Council has to explore a number measures that will reduce its expenditure on infrastructure.? These measures are required to ensure Council?s long term financial sustainability.? The Council must weigh the relative importance of the Gumma (Boulton?s Crossing) Reserve against its other general fund obligations in asset renewal, including replacing roads and bridges.

 

Whilst being a social and economic benefit to the Shire, the Reserve competes with existing commercial operators who are providing caravan and camping facilities.? On this basis it is difficult to prioritise the provision of funding for upgrading the facilities at the Reserve over other asset renewal priorities.

 

If funding for the effluent management system can be secured, Council will also have to determine whether development consent is required or existing use rights are applicable and then attend to obtaining a Section 68 approval for the operation of the camping ground, including a variation on the density of camp sites.

 

A decision will also need to be made on the management arrangements for the Reserve.? It is not recommended that the Reserve be managed by a Section 355 Committee for a number of reasons.? Firstly there is a conflict of interest problem.? Secondly there have been regulatory problems in the past which volunteers cannot be expected to resolve.? These include ?moving people on? who have set up permanent camps and enforcing other rules.? So as to maximise revenue and ensure the Reserve is properly maintained someone needs to be on site daily to collect camping fees and check for required maintenance.? This is a considerable impost for a volunteer committee.? Whilst the Committee could employ a contractor to undertake this work it does nullify the advantages of a volunteer Committee.

 

The only alternative management arrangements are that Council manage the Reserve or Crown Authority such as the Lands Department or National Parks and Wildlife Service.? As indicated in the report, in relation to the Reserve, over a two year period there has been no co-operation between these Departments.

 

The suggested course of action is as follows:

 

1.?????? That Council terminate the Gumma (Boulton?s Crossing) Reserve Committee of Management.

 

2.?????? Council await the determination of the $156,000 application for funding under the Public Reserves Management Fund which was lodged on 30 July 2012.

 

3.?????? If the funding is not secured that the camping ground be closed.

 

4.?????? That Council again seek to relinquish its trusteeship of the Reserve to either the Lands Department or the National Parks and Wildlife Service and provide a period of 2 months for these authorities to respond.

 

5.?????? If funding under the Public Reserves Management Fund is secured and Council is unable to relinquish its trusteeship, Council commit to preparing a draft plan of management for the operation of the Reserve as a camping ground.? The Plan of Management would consider all matters concerning the operation of the Reserve including fees, facilities, site layout, rules, signage, risks, and marketing including on Council?s website.? The Plan of Management would be prefaced on Council operating the camping ground on a commercial basis that aims to achieve at least full cost recovery.? It is proposed that the Plan of Management be prepared in-house by Council staff and that the Lands Department be consulted, except that a design for the replacement of the existing septic tank will require a specialist engineering consultancy.

 

6.?????? That once the Plan of Management is prepared that Council lodge an application under Section 68 of the Local Government Act for the operation of the camping ground.

 

7.?????? That in the interim to the determination of the application for funding under the Public Reserves Management Fund that the septic tank be pumped out as required and other maintenance (eg the tanks stand) be attended to from the residual funds of the former Committee of Management.? At the date of preparing this report, these funds totalled approximately $28,000.

 

8.?????? That in the interim to the determination of a Plan of Management:

 

a.?????? Camping fees at the Boulton?s Crossing (Gumma) Reserve be maintained at $12 per site per night, except for designated NSW school holidays when the camping fee will be $20 per site per night.

 

b.?????? That a suitable sign be erected at the Boulton?s Crossing (Gumma) Reserve indicating the camping fees and other rules for use of the Reserve (eg, no dogs, maximum stay of 1 month, no unoccupied vans or campsites etc.)

 

c.?????? That the changes to camping fees be advertised in Council?s block in the Nambucca Guardian News and also on Council?s website.

 

There are many potential alternatives to the suggested course of action listed above.? These include:

 

?????? Immediately closing the Reserve to camping.

?????? Funding the required work at the Reserve regardless of the outcome of the grant application under the Public Reserves Management Fund.? This will obviously have budgetary impacts.

?????? Trying to appoint another Section 355 Committee of Management, possibly including Mr Pat Burgess who has put himself forward as being interested in participating on a working committee

?????? Establishing the Reserve with the necessary approvals and facilities and then putting to tender its operation.? Note this option is not precluded by the suggested course of action.

 

 

DISCUSSION:

 

At Council?s meeting on 10 October 2012 it was resolved that:

 

?That the matter be deferred pending advice on the safety of the tank stand and whether or not the on-site sewerage management system meets Council?s requirements.? Also whether Council has public liability insurance cover for the camping ground given its legal status?.

 

Other resolutions concerning the Boulton?s Crossing (Gumma) Reserve are:

 

15/4/2010

That Council contact the Minister regarding the implications for the Boulton?s Crossing Reserve of the gazettal of the new Gaagal Wanggaan (South Beach) National Park noting that only two legal camping sites will remain following the incorporation of much of the Reserve within the National Park.? The contact with the Minister is only to occur if Council is not satisfied with the outcome of a meeting or discussion with Mr Alan Jeffrey which is to take place within the next two days.

 

That Council immediately seek an exemption under Section 22 of the Local Government Act for camping grounds regarding the number of sites (22) at the Boulton?s Crossing Reserve.

 

That Council seek letters of support from the National Parks and Wildlife Service, the two Aboriginal Land Councils and the individual native title claimants.

 

With the creation of the Gaagal Wanggaan (South Beach) National Park a large section of the crown reserve which comprised the Gumma (Boulton?s Crossing) Reserve was removed and incorporated into the National Park.? This meant that the residual area for camping could not comply with the requirements in the Local Government Regulations for a primitive camping ground.? Further an investigation of the history of the camping ground could find no evidence of a development consent or approval to operate under Section 68 of the Local Government Act.

 

In response to the April 2010 resolution, Mr Alan Jeffery (the Regional Manager of the NPWS) advised that his Department supported Council?s application seeking approval for a variation in the number of camp sites permitted at a Primitive Camping Ground under the Local Government Regulations.

 

However the State Government?s Planning Department which had responsibility for the caravan and camping regulations advised that an objection to the regulation could only be lodged in association with an application for approval under the Local Government Act.? They advised that an application under Section 68 of the Local Government Act would need to be lodged with Council for the operation of the camping ground.? They also reminded Council that development consent would be required.? As indicated there is no evidence of either development consent for the camping ground or an approval to operate under Section 68 of the Local Government Act.

 

19/8/2010

That this matter (Boulton?s Crossing) be deferred and that the Committee of Management be notified of Council?s intention and the Committee?s views be sought.

 

This resolution was in response to a recommendation that Council write to the NPWS seeking their expression of interest to manage the Reserve in lieu of the Reserve Trust and requesting details of the plan of management they would propose for the continued operation of the Reserve as a primitive camping ground and picnic area.

 

The Committee of Management responded advising that they seek to continue the management of the Reserve as a Trust with the overarching support of the Council.? Their rationale is set out in the attached letter.? However since writing the letter most of the Executive of the Section 355 Committee has resigned.

 

18/11/2010

That Council approach the Land and Property Management Authority as a matter of urgency in regard to the future management of Gumma (Boulton?s Crossing) Reserve.

 

This resolution was in response to a recommendation that Council write to the NPWS seeking their expression of interest to co-manage or manage the Reserve and that in the event an approval to operate cannot issue immediately that Council cease operation of the Reserve as a primitive camping ground.

 

A search of Council?s file provides no evidence of a response to the resolution conveyed in a letter from Council dated 30 November 2010.

 

16/6/2011

That Council advise the Land and Property Management Authority that it is no longer in a position to manage the Gumma (Boulton?s Crossing) Reserve and that it make arrangements for Council to be removed as Trust Manager and that a Reserve Trust be established comprising local residents to manage the Reserve.? Also that the LPMA be advised that Council wishes to see continuity in use of the Reserve for primitive camping and a day use area.

 

This resolution was in response to a report concerning the future of the Reserve and was in accordance with the recommendation with the last sentence being added.

 

The resolution was conveyed to the LPMA in a letter dated 20 June 2011.? Council made representations to the Minister, the Hon. Katrina Hodgkinson about the lack of a response on 27 October 2011.? A second follow up letter went to the Minister on 21 February 2012.? Council received a response from the Minister on 23 February 2012 advising that the Reserve was the subject of mediation concerning a Native Title Claim and that the resolution of matters would have to put in abeyance until completion of the mediation.? The Minister requested that Council continue to manage the Reserve.? The Minister?s letter was circulated to Councillors on 23 February 2012.? Copies of the letters are attached.? A response was also sent to the Minister expressing concern about how long the mediation might take, but no response has been received to this letter.

 

11/4/2012

The two remaining Committee representatives (Cr Ainsworth and Mr Kerry Morgan) be advised that if the Committee of Management is to continue, than an Annual General Meeting would need to be held within the next month to fill the vacant executive positions.? Further, they be advised that if there is insufficient interest to conduct an AGM or fill the executive positions, then the operations of the Reserve would be taken over by Council using contractors and staff to undertake the work.

 

That arrangements be made for the General Manager and Accountant to be cheque signatories of the Committee?s funds to enable the payment of current invoices.

 

That the resigning President, Secretary/Treasurer and Committee representative be thanked for the time and energy they have devoted to the management of the Gumma Reserve (Boulton?s Crossing) over many years.

 

The resolution was in response to a report advising Council that the President, Secretary/Treasurer and one other Committee representative of the Reserve?s Committee of Management had resigned on 1 April 2012.? Advice about the need for an AGM was forwarded on 13 April 2012.

 

11/7/2012

That Council receive a report on the ongoing use of Boultons Crossing Reserve as a camping ground; the risks to Council and any options for the management of that risk.

 

This resolution was in response to Council?s consideration of the outstanding actions report.

 

26/07/2012

That Council defer a decision on the matter and make urgent representations to the Deputy Premier for assistance in resolving the issues.

 

This resolution was in response to a report prepared as a consequence of the resolution of 11 July 2012.? The report recommended that Council formally terminate the Gumma (Boulton?s Crossing) Section 355 Committee of Management and the General Manager report to Council on operating arrangements for the Reserve including reviewing camping fees; arrangements for the collection of camping fees; and signage in the reserve.? It was further recommended that in the event Council cannot obtain sufficient funding to replace the amenities and upgrade the septic system from the current funding round of the Public Reserves Management Fund that the reserve be closed to camping.? Also, that the Member for Oxley be advised of Council?s intention.

 

Notwithstanding the resolution on 26 July 2012 there had been previous correspondence from and to the Local Member in relation to the future of the Reserve.? That correspondence is attached.

 

As a consequence of the resolution a letter was sent to the Deputy Premier on 27 July 2012.? That letter is attached.

 

The Deputy Premier responded on 2 August advising that Council?s representations had been referred to the Minister for Environment & Heritage.? That letter is attached.

 

The Minister for Environment & Heritage then responded by letter dated 8 October 2012.? That letter was circulated to Councillors on 15 October 2012 and is also attached.

 

There has been no further advice in relation to convening a meeting which is referred to in the last paragraph of the letter.

 

After waiting 3 months for the letter which deals with the same issues raised over two years ago, it is disappointing that the only outcome was the promise of arranging a meeting that still hasn?t been organised a month after receiving the letter.

 

The Crown Lands position in relation to the management of the land put to Council was set out in the attached letter and attached file note.

 

10/10/2012

That the matter be deferred pending advice on the safety of the tank stand and whether or not the onsite sewerage management system meets Council?s requirements. ?Also whether Council has public liability insurance cover for the camping ground given its legal status.

 

This resolution was in response to a report which reviewed camping fees at the Reserve compared to similar camping grounds operated by the Department of Lands and NPWS.? The report recommended that camping fees at the Reserve be maintained at $12 per site per night, except for designated school holidays when the camping fee be increased to $20 per site per night and that a sign be erected indicating the fees and other rules for use of the Reserve.

 

The problems with the onsite sewerage management system were reported to Council?s meeting on 26 July 2012.? The following is an extract from the report.

 

In the recent wet weather the septic system on the site failed and required regular pump outs.? Council?s Area Health and Building Surveyor provided the General Manager with the following inspection report.

 

?Dear Peter (Baynes) & Michael (Coulter)

 

Following a complaint about the state of the waste water system located on Boulton?s Crossing Reserve I attended the property on the 17th April 2012 and observed the following:

 

The toilet waste water was not flushing away quickly, most likely due to septic tank not operating properly.

Waste levels in the septic tank were well above the level of the outlet on the septic tank and no squares could be identified within the septic tank.  According to a Macksville camper on the site the tank was only pumped out 3 days prior to my inspection. 

The septic tank is subject to stormwater inundation around the perimeter of the tank.  In storm events it would appear that waste water from the tank would spill out onto the ground surface.

The disposal trenches did appear to be operating ok at the time of the inspection.

Also observed a possible water bore in close proximity to the disposal trenches, hence not suitable for drinking.

 

A hard copy of this issue will also be forwarded shortly.  Please also find attached photographs of the septic tank.?

 

It would seem that the failure of the septic tank is due to a number of factors including the lid being below the surrounding ground level and thereby attracting stormwater inflow and the high watertable causing effluent to back up in the tank.

 

The performance of the septic system is a major issue given its proximity to both Warrell Creek and a water bore.

 

As a consequence of Council?s resolution on 10 October 2012 a further assessment of the on-site sewerage management system as well as the tank stand has now been undertaken by Council?s Manager of Applications and Compliance.? His advice is as follows:

 

?I refer to my inspection and appraisal of the above reserve, facilities and On Site Waste Management System and advise of outcomes in this memo prior to a report being prepared for council.

 

Bolton?s Creek Crossing camping area is not a registered camping area in accordance with any Development consent nor the current legislation (Local Government (Manufactured Home Estates, Caravan Parks, Camping Grounds and Moveable Dwellings) Regulation 2005.

 

Notwithstanding it has been utilised by campers for many years and includes significant numbers in holiday periods

 

The site is surrounded on 3 sides by river and salt marsh and is flood affected

 

Facilities

 

-???? Male and female wc?s are provided in a 70?s amenity building which shows deterioration but could be easily repaired and renovated

-???? Water supply is via a spear pump which is stored in ground level water tanks and pumped to a header tank which is supported by a steel structure.

-???? ????? ???????a) The stability and adequateness of the structure is questionable. I would recommend engaging the services of a local acceptable Structural Engineer to certify (Ron Hawkins or John Hembrey)

-???? ???????????? b) Also I question if the water supply is ever tested? Signage on the bore water supply is inadequate and carries Tom Ports name. Drinking water is/was? provided on-site filled by a water carter. Note that there is new Public Health Act requirements with respect to the provision of safe drinking water

 

On Site Waste Management System

 

-???? A primary treatment system by way of an in ground septic tank and disposal trench

 

a)?? The tank is dangerous in that the lid is partly damaged and open. I have asked the engineers to flag the system obviating the danger and at the moment making it non accessible.

b)?? Apparently the tank needs to be pumped out on a regular basis. This is unusual in sandy conditions and leads me to believe the many years of usage have loaded the disposal area with phosphorous which clogs sandy soils

c)?? On-site disposal is impactive on this sensitive area and not acceptable. Minimum buffer distances to river/flood affected land (100m) are not available on this site and having walked around the area are not available for some distance and would be on privately owned land. Also depth to groundwater is not appropriate and impact on spear point is questionable

d)?? Any alternate proposal including modifying existing would need to be referred to the Department of Agriculture (Aquaculture) due to its potential impact on Oyster farming (SEPP65)

 

Regards

 

Paul Guy?

 

Recent Developments

 

Council considered a report at its meeting on 10 October 2012 concerning the camping fees at Boulton?s Crossing and the provision of signage.? The review of the fees was deferred.? With the Christmas school holidays close and considering fees and similar camping grounds and the substantial shortfall in funds required for capital and maintenance work at the Reserve it is recommended that Council review the fees on an interim basis.? A copy of the report to Council?s meeting on 10 October 2012 is attached.

 

Council lodged the application for funding under the Public Reserves Management Fund on 30 July 2012.? A copy of the application for funding is attached.? The application has still not been determined.? Council?s Grants Officer made an enquiry with the Department on 14 November 2012 as to its progress and was advised that recommendations are with the Minister for Lands and an announcement will be made in the fullness of time and there is no telling when that might be.

 

On Tuesday 13 November 2012, Mr Kerry Morgan resigned as a residual member of the Committee of Management and his role as collector of the camping fees.? He collected camping fees twice per week.? As an interim arrangement until Council decides on future management arrangements, Council?s Ranger will be collecting the camping fees.

 

Council has also received the attached letter from Mr Pat Burgess offering his services to form a working committee and business plan to operate the reserve camping area.? It is understood that Mr Burgess wants the Council to consider his proposal.

 

Synopsis

 

Despite the numerous letters to different Ministers and State Government Departments over two and a half years, there is no evidence of any real will to resolve the issues and the different departmental attitudes.

 

The Reserve is being operated without any approval under Section 68 of the Local Government Act and in apparent contravention of the Local Government Regulations for primitive camping grounds.

 

Because of this Council may have difficulty obtaining insurance coverage for any public liability claim.

 

There is no evidence of any plan of management for the Reserve.

 

The Committee of Management has not been operational since April 2012 and by default, Council staff have assumed operational responsibility for the Reserve.? However this change in operational responsibility has not been endorsed by Council and additional duties have been assigned to Council staff in an ad hoc manner.

 

There is evidence that the existing on site sewage management (septic) system needs to be replaced.? However the lack of space and proximity to sensitive water bodies as well as the high water table means there will be limited options for replacement and the options will be more expensive.? A specialist engineer will need to provide a report on those options.

 

There is evidence that other maintenance work and investigations are required.

 

Other than the $28,000 available in the former Committee?s bank account, Council has no identified funding in its Delivery Program or Long Term Financial Plan for capital works at the Reserve.

 

 

CONSULTATION:

 

The lengthy and on-going consultation which has occurred in relation to the future of the Reserve is detailed in the report.

 

Mr Burgess has been advised of this report and its consideration at this meeting.

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are obvious concerns in relation to the operation of the septic system.

 

Social

 

It is apparent that the Boulton?s Crossing (Gumma) Reserve has been used by Gumma residents for decades and is fondly regarded by those residents.

 

?Locals comprise about 80-85% of campers at the reserve in the peak holiday times, having holidayed there as children and now are bringing their children and grandchildren back in each year in an environment that is both welcoming and supportive?.

 

An extract from Gumma Chronicles (history of Gumma), page 20, and a recount of events from Mrs Nit Richards reads

 

?Bob Ainsworth was on top of the hill across the road from Mr Gow.? He was a quiet sort of a bloke.? He was a trustee on the Gumma Crossing Reserve the same as I was in those days.? When I dot on as a trustee of the reserve ? it was in the early fifties ? I approached Mr Jim Brown, the local member of parliament, and we got a 100 Pound grant and we cleared more ground there and put in a weather shed and a freshwater tank.

 

As you can see by the above quote, the Reserve has long enjoyed the support from locals and government alike since the early 1950?s.?

 

From the submission by Trevor Stride, former President of the Gumma (Boulton?s Crossing) Reserve Committee of Management.

 

An issue arising out of the former Committee of Management being comprised of residents, who either regularly use the Reserve for camping or had family and friends using the Reserve, is that they have a conflict of interest in setting camping fees.? This may be one reason why the camping fees at the Reserve are less than other primitive camping grounds operating on the North Coast which were surveyed and reported to Council?s meeting on 10 October 2012.

 

Whilst the Gumma residents have valued the use of the reserve during peak holiday times, it is apparent that the Reserve is also well used by tourists, often with large caravans or motor homes, at other times.?

 

There may be some differences in the needs of these groups in terms of the amenities and facilities provided at the Reserve.? There may also be differences in the willingness of the groups to pay for the different levels of service.? The locals tend to stay for extended periods during the peak holiday period whereas tourists may stay for a shorter period.? There needs to be data collected from the campers to determine their preferences.? This should feed into a plan of management so as to determine the optimal level of service for what campers are prepared to pay for.

 

Economic

 

The economic benefit of the Gumma (Boulton?s Crossing) Reserve is mainly related to the tourists who are attracted to the Reserve who otherwise would not have stayed in the Nambucca Valley.

 

It should be noted that there are many other commercial operators providing caravan and camping facilities in the Shire.? The Committee of Management?s practice of setting camping fees below those charged elsewhere, including for similar facilities in National Parks, is an issue when costs exceed revenue.? Commercial operators could fairly complain that the subsidy provided by Council (the Committee of Management) as Trustee is resulting in a loss of business to them.

 

Risk

 

Council?s resolution of 10 October 2012 sought advice on the specific risks relating to:

 

?????? legislative non-compliance (and insurance)

?????? the condition of the on-site sewage management system and

?????? the condition of the tank stand

 

Council?s Safety and Risk Officer is of the view that Council?s Insurers would be unlikely to cover a public liability claim given that Council has operated the Reserve without the requisite approval under Section 68 of the Local Government Act.? Council?s insurance policies have a standard clause excluding claims which have arisen as a consequence of a breach of the law.? At the very least it would be a basis for an insurer to argue that they were not liable for the claim.

 

Besides the risks mentioned above, it should also be noted that the Reserve has been identified by the Nambucca Bushfire Management Committee as an extreme fire risk in their Bushfire Management Plan.? The management of this risk needs to be considered in a plan of management for the Reserve.

 

Similarly the Reserve is flood liable and it is possible that the access to the Reserve can be cut by flooding leaving any campers ?stranded? without road access.? The management of this risk also needs to be considered in a plan of management.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

As at the date of preparing this report the bank account for the Committee of Management which is now held by Council had a balance of $28,000.? Council has no funding in its budget to contribute towards the upgrading of the effluent management system or the repair/replacement of the amenities or the preparation and implementation of a plan of management.

 

Source of fund and any variance to working funds

 

At this stage there is no impact on working funds.

 

Attachments:

1View

26223/2010 - Committee of Management? response to future management of Reserve

0 Pages

2View

16379/2011 - Advising that Council is unable to manage Gumma Reserve

0 Pages

3View

30121/2011 - Letter to Minister Katrina Hodgkinson

0 Pages

4View

4194/2012 - Gumma (Boultons Crossing) Reserve - follow up letter

0 Pages

5View

4511/2012 - Response from Minister for Primary Industries

0 Pages

6View

5489/2012 - Future Management Of The Gumma Reserve - response

0 Pages

7View

31882/2010 - Representation from Andrew Stoner MP

0 Pages

8View

208/2011 - Response to Andrew Stoner

0 Pages

9View

19270/2012 - Letter to Deputy Premier

0 Pages

10View

20410/2012 - Response from Andrew Stoner MP

0 Pages

11View

26753/2012 - Minister for the Environment's response

0 Pages

12View

28278/2010 - LPMA request to remove item from Council meeting and to consult LPMA

0 Pages

13View

29192/2010 - File note - Telephone attendance Sam Concchini LPMA Taree

0 Pages

14View

19481/2012 - Crown Lands Public Reserves Management Fund Application

0 Pages

15View

25481/2012 - Gumma (Boulton's Crossing) Reserve - Camping Fees

0 Pages

16View

29308/2012 - Offer of services - Pat Burgess

0 Pages

??


Ordinary Council Meeting - 29 November 2012

Gumma (Boulton's Crossing) Reserve

 







Ordinary Council Meeting - 29 November 2012

Gumma (Boulton's Crossing) Reserve

 

Enquiries to:???? Mr Michael Coulter

Phone No:??????? 02 6568 0200

Our Ref:????????? PRF54

 

 

 

20 June 2011

 

 

 

Mr Chris Atchison

Manager, Mid North Coast Area

Crown Lands Division

Land and Property Management Authority

PO Box 440

TAREE? NSW? 2430

 

 

Dear Mr Atchison

 

GUMMA (BOULTONS CROSSING) RESERVE

 

Reference is made to your letter of 17 November 2010 which is attached.

 

Following your advice Council at its meeting on 18 November 2010 resolved as a matter of urgency to approach the Land and Property Management Authority in regard to the future management of the Gumma (Boultons Crossing) Reserve.

 

Representatives of the Committee of Management and Council then met with Mr Richard Dunning of the LPMA on 27 January 2011.? My notes of the meeting are as follows:

 

????? ?Committee of Management has $20,000 to spend on the amenities;

????? Director Environment & Planning expressed concern about the lack of an approval to operate the camping ground ? regulations only allow 1 camp site per hectare;

????? Richard Dunning suggested that other Crown Land be added to the camping ground to provide enough area for the existing sites.? He offered to provide a plan to the Manager Business Development;

????? The LPMA have contractors operating primitive camping grounds in the Grafton area;

????? Federal tourism TCOL grants available;

????? Funding available under the Public Reserve Management Fund;

????? Local Aboriginal Land Councils expressed interest in managing camping grounds at Grafton;

????? Discussed and compared charges for camping at Boultons Crossing and other National Parks and LPMA camping grounds.? The charge at Boultons Crossing of $12 per night per campsite compares with the standard charge at National Parks of $10 per person per night and Farquar Park in the Manning which charges $15 per night per campsite and $25 per night per campsite at peak periods.? LPMA also limit the number of people who can stay on a site;

????? LPMA use a NPWS contractor to collect camping fees at Goolawa.? Also the Diggers Camp at Minnie Water uses a NPWS contractor to collect camping fees.? % of fees collected used as an incentive;

????? Richard Dunning to instigate a letter regarding the process to bring additional land into the Reserve;


Ordinary Council Meeting - 29 November 2012

Gumma (Boulton's Crossing) Reserve

 

2

 

Land and Property Management Authority

20 June 2011

PRF54

 

 

 

????? Richard Dunning to advise what funding assistance might be available;

????? Trevor Stride (from the Committee of Management) requested that a plan of management be developed for the Reserve.?

 

Following the meeting on 27 January Council staff followed up Mr Dunning on a number of occasions and we received the attached email on 14 June 2011.? The email provides no indication of when or if the two additional areas will be added to the Reserve as they are the subject of Aboriginal land claims.

 

As it stands, Nambucca Shire Council is operating a camping ground without approval and is incapable of securing an approval because the camping ground lacks the required area and the requisite amenities are not of a satisfactory standard.? This is a concern for insurance as any public liability claim is likely to be denied.? It is also a concern for the conflict it creates with Council?s regulatory role whereby Council enforces compliance with the Caravan Park and the Camping regulations for privately operated caravan parks and camping grounds, however this Council operated camping ground is neither approved nor compliant.

 

Given the indeterminate period that may be required to rectify these problems, Council considered your advice of 17 November 2010 at its meeting on 16 June 2011 and resolved to advise you that it is no longer in a position to manage the Gumma (Boultons Crossing) Reserve and that you make arrangements for Council to be removed as Trust Manager and that a Reserve Trust be established comprising local residents to manage the Reserve.? Council does not want to see the camping ground closed but wishes to see continuity in its use under a different management arrangement that does not include Council.

 

 

Yours faithfully

 

 

 

 

Michael Coulter

GENERAL MANAGER

 

MAC:lrh

 

Enc:? Copy of Letter dated 17 November 2010

????????? Copy of Email Richard Dunning dated 14 June 2011


Ordinary Council Meeting - 29 November 2012

Gumma (Boulton's Crossing) Reserve

 

Enquiries to:? Michael Coulter

Phone No:????? 6568 0200

Email:???????????? michael.coulter@nambucca.nsw.gov.au

Mobile:?????????? 0409 153 788

Our Ref:??????? PRF 54

 

 

 

27 October 2011

 

 

 

The Hon Katrina Hodgkinson MP

Minister for Primary Industries &

Minister for Small Business

Parliament House

Macquarie Street

SYDNEY?? NSW?? 2000

 

EMAIL:?? office@hodgkinson.minister.nsw.gov.au

 

 

Dear Minister

 

GUMMA (BOULTONS CROSSING) RESERVE

 

Please find enclosed background reports and correspondence in relation to this matter.

 

Nambucca Shire Council is the Trustee of Crown Land adjoining Warrell Creek at Gumma, near Macksville, which has been used for decades as a primitive camping ground, known as the Boultons Crossing Reserve.

 

The camping ground is managed by a Committee of Management (volunteers) appointed under Section 355 of the Local Government Act.? The volunteers are local residents who have used the camping ground over the years.

 

In 2009, Council staff identified the poor condition of the amenities building at the camping ground and questioned whether there should be a review of the traditional management arrangements.

 

On 23 April 2010 the Gaagal Wanggaan (South Beach) National Park was created.? The National Park incorporated a section of the Boultons Crossing Reserve.? The residue of the Reserve no longer meets the minimum area required for a camping area ground comprising 22 camp sites.?

 

When Council became aware of this problem we contacted the National Parks and Wildlife Service who expressed an interest in managing the Reserve in lieu of the Reserve Trust.? However, the Land and Property Management Authority (LPMA) telephoned myself and advised that Council, as Trustee of the land, should not deal with the National Parks and Wildlife Service as they (the LPMA) operated a number of primitive camping grounds and would not approve a transfer of the land or its trusteeship to the National Parks and Wildlife Service.

 

Subsequently, in good faith, Council resolved to approach the LPMA in relation to the future management of the Reserve.?

 


2

 

The Hon Katrina Hodgkinson MP

27 October 2011

 

 

 

Representatives of the Committee of Management and Council then met with an LPMA staff member on 27 January 2011.? At the meeting the LPMA staff member promised to instigate a process to bring additional land into the Reserve and also to investigate what funding assistance might be available to Council.?

 

There was subsequent follow up of the staff member but nothing was heard until the enclosed email was received on 14 June 2011.? The email provides no indication of when or if the two additional areas would be added to the Reserve as they are the subject of Aboriginal land claims.

 

As it stands, Nambucca Shire Council is operating a camping ground without approval and is incapable of securing an approval because the camping ground lacks the required area and the requisite amenities are not of a satisfactory standard.? It is also a concern for the conflict it creates with Council?s regulatory role whereby Council enforces compliance with the caravan park and camping regulations for privately operated caravan parks and camping grounds, however, this Council is operating a camping ground that is neither approved nor compliant.?

 

At Council?s meeting on 23 June 2011 it was resolved to advise the LPMA that Council is no longer in a position to manage the Gumma (Boultons Crossing) Reserve and that it make arrangements for Council to be removed as Trust Manager.

 

That letter was sent to the Manager of the Mid North Coast Area of the Crown Lands Division on 20 June 2011 but to date Council has not received a response.

 

It is particularly frustrating for Council in that the National Parks and Wildlife Service did express an interest and a capacity to undertake the management of the Reserve which was not agreeable to the LPMA which in turn have been tardy in responding to Council?s representations.?

 

Council would be pleased if you could investigate the matter and arrange for a response to its letter of 20 June 2011 (copy enclosed).

 

 

Yours faithfully

 

 

MICHAEL COULTER

GENERAL MANAGER

 

MAC:ms

 

Enc?? Background reports and correspondence

????????? Letter of 20 June 2011

????????? Copy of email received on 14 June 2011


RESPONSE EMAIL RECEIVED 27/10./2011

Thank you for your email to The Hon Katrina Hodgkinson MP in her capacity as Minister for Primary Industries and Minister for Small Business.

This response acknowledges receipt of your email and our office will endeavour to respond as soon as possible.

Kind regards.

 

Office of the Minister for Primary Industries

Minister for Small Business

_____________________________________________

 

Email:            office@hodgkinson.minister.nsw.gov.au

Tel:                02 9228 5210

Fax:               02 9228 5969

   NSW

This message is intended for the addressee named and may contain confidential information. If you are not the intended recipient, please delete it and notify the sender. Views expressed in this message are those of the individual sender, and are not necessarily those of the Office of the Minister.

 

 

 

From: Monika Schuhmacher [mailto:Monika.Schuhmacher@nambucca.nsw.gov.au]
Sent: Thursday, 27 October 2011 9:45 AM
To: Public Hodgkinson's Office Email
Subject: FW: GUMMA (BOULTONS CROSSING) RESERVE

 

 

Dear Sir/Madam

 

Please find attached a copy of the letter which has been sent - with all attachments - by mail today for the Minister's consideration.

 

Kind regards,

 

Monika Schuhmacher

Executive Assistant

Nambucca Shire Council

PO Box 177, Macksville   2447

Email:monika.schuhmacher@nambucca.nsw.gov.au

Phone:  (02) 6568 0214

Fax:       (02) 6568 2201

www.nambucca.nsw.gov.au

 

 

Enquiries to:???? Michael Coulter

Phone No:??????? 6568 0200

Email:????????????? michael.coulter@nambucca.nsw.gov.au

Mobile:??????????? 0409 153 788

Our Ref:????????? PRF54

 

 

 

21 February 2012

 

 

 

The Hon Katrina Hodgkinson MP

Minister for Primary Industries

Minister for Small Business

Parliament House

Macquarie Street

SYDNEY?? NSW?? 2000

 

 

Dear Minister

 

GUMMA (BOULTONS CROSSING) RESERVE

 

Please find enclosed a copy of a letter forwarded to your office on 27 October 2011.

 

As previously advised, Council is no longer in a position to manage the Reserve and requests that arrangements be made for Council to be removed as Trust Manager.

 

As it stands, Nambucca Shire Council is operating a camping ground without approval and is incapable of securing an approval because the camping ground lacks the required area and the requisite amenities are not of a satisfactory standard.? It is also a concern for the conflict it creates with Council?s regulatory role whereby Council enforces compliance with the Caravan Park and Camping Regulations for privately operated caravan parks and camping grounds, however, this Council is operating a camping ground that is neither approved nor compliant.

 

Council again requests that you investigate the matter and provide a response.

 

Yours faithfully

 

 

 

 

Michael Coulter

GENERAL MANAGER

 

MAC:ms

 

Enc?? Copy of letter and email acknowledgement


Ordinary Council Meeting - 29 November 2012

Gumma (Boulton's Crossing) Reserve

 


Ordinary Council Meeting - 29 November 2012

Gumma (Boulton's Crossing) Reserve

 

Enquiries to:???? Michael Coulter

Phone No:??????? 6568 0200

Email:????????????? michael.coulter@nambucca.nsw.gov.au

Mobile:??????????? 0409 153 788

Our Ref:????????? SF959,? PRF 54

Your Ref:???????? IM11/27242

 

5 March 2012

 

 

The Hon Katrina Hodgkinson MP

Minister for Primary Industries

Minister for Small Business

Level 30, Governor Macquarie Tower

1 Farrer Place

SYDNEY?? NSW?? 2000

 

 

Dear Minister

 

FUTURE MANAGEMENT OF THE GUMMA (BOULTONS CROSSING) RESERVE PRIMITIVE CAMPING GROUND

 

Thank you for your letter of 17 February 2012 (copy enclosed) advising that future options for the Gumma (Boultons Crossing) Reserve Primitive Camping Ground are to be held in abeyance whilst the Reserve, together with other Crown Lands in the area, are subject to ongoing mediation with the Gumbaynggirr claim group.

 

Notwithstanding your advice that departmental staff have discussed the situation with Council, this is the first time Council has been notified that the land is subject to Native Title Claim.?

 

Council is aware of the creation of the Gaagal Wanggaan (South Beach) National Park in the Government Gazette on 14 April 2010 some fourteen years after the original claim was lodged.? A copy of the last email correspondence Council received from the National Native Title Tribunal is enclosed.

 

Council would appreciate further details about the claim and advice as to how long the ?on ground? mediation may take.? Council would be concerned if the process, like Gaagal Wanggaan, took another fourteen years to resolve.

 

At this stage, Council has no position on a Native Title Claim over the Gumma (Boultons Crossing) Reserve but would appreciate more information so that it may formally consider the matter.

 

Yours faithfully

 

 

 

Michael Coulter

GENERAL MANAGER

 

MAC:ms

enc??? Copy of letter of 17 February 2012

????????? Email correspondence


Ordinary Council Meeting - 29 November 2012

Gumma (Boulton's Crossing) Reserve

 



Ordinary Council Meeting - 29 November 2012

Gumma (Boulton's Crossing) Reserve

 

Enquiries to?? :? Steven Williams

Phone No?????? :? 6568 0206

Email ???????????? :? Steven.williams@nambucca.nsw.gov.au

Our Ref???????? :? PRF54

 

 

 

5 January 2011

 

 

 

Mr Andrew Stoner MP

State Member for Oxley

PO Box 120

WEST KEMPSEY?? NSW?? 2440

 

 

Dear Mr Stoner

 

FUTURE OF BOUILLON?S CROSSING (GUMMA) RESERVE PRIMITIVE CAMPING GROUND

 

I am writing in response to your correspondence on the above matter and to thank you for your interest in following up on the concerns of locals and visitors about the future of the Reserve. Council is similarly concerned to ensure the continued operation of the Reserve.

 

The published article (Guardian News Thursday 25 November 2010) provides a good background to the current state of affairs.? We are in a position where the excise of Crown Land to form the new Gaagal Wanggaan National Park has left the Gumma Reserve with insufficient land area to meet current primitive camping ground requirements such as to preclude operating all but two of the camping sites.

 

To continue operating the Reserve the Trust or the Committee of Management must now lodge an application for approval to operate a primitive camping ground on the site.

 

Nambucca Shire Council, as the consent authority, would have no option but to reject the application for a primitive camping ground as the number of campsites exceeds the land size requirements.? Accordingly, Council or the Committee of Management would need to accompany their application for an Approval to Operate with an application, pursuant to Section 82 of the Local Government Act 1993, seeking the Director General's approval to operate Boultons Crossing Primitive Camping Ground for any additional sites in excess of two (2).

 

The current legislation (Local Government (Caravan Parks, Camping Grounds and Moveable Dwellings) Regulation 1995) also requires the consent authority (Council) to ensure the operator has made appropriate provision for water supply, toilet and refuse disposal and fire fighting facilities.? The provision and standard of the current amenities alone would preclude Council from issuing an operating approval.? Neither the Trust, nor Council, have sufficient reserves to afford the cost of replacement which is estimated at between $150,000 - $200,000.

 

Council has written to the Land & Property Management Authority (LPMA) requesting financial assistance as well as assistance in potentially securing additional Crown Land to augment the Reserve.


2

 

Mr Andrew Stoner MP

5 January 2011

 

Whilst a response is yet to be received a meeting has been scheduled for Thursday 27 January 2011 between a Regional Director for LPMA (Mr. Richard Dunning) Council?s Director for Environment and Planning and relevant Council staff as well as the Committee of Management. It is hoped that suitable assistance will be forthcoming from the LPMA to enable the continued operation of the Reserve as a camping area.

 

It should be noted that the National Parks and Wildlife Authority (NPWS) have indicated that they would be willing to provide assistance by way of management or co-management.? This presents a good option as the NPWS have available staff and resources to attend to the park and, perhaps more pertinently, the many primitive camping grounds already managed by the NPWS are not subject to the provisions of the Local Government Act.

 

Any such proposal, however, would require the consent and co-operation of the LPMA; a position the LPMA has, to date, been reluctant to embrace.? Any assistance you may be able to provide to realise LPMA assistance or interdepartmental cooperation which ensures the future of the camping ground would be very much appreciated.

 

Again, thank you for interest.? If you require further information please do not hesitate to contact me.

 

Yours faithfully

 

 

 

 

Steven Williams

PROPERTY OFFICER

 

SW:ms


Ordinary Council Meeting - 29 November 2012

Gumma (Boulton's Crossing) Reserve

 

Enquiries to:???? Michael Coulter

Phone No:??????? 6568 0200

Email:????????????? michael.coulter@nambucca.nsw.gov.au

Mobile:??????????? 0409 153 788

Our Ref:????????? PRF54

 

 

 

27 July 2012

 

 

 

The Hon Andrew Stoner MP

Deputy Premier, Minister for Trade & Investment

Minister for Regional Infrastructure & Services

PO Box 3120

WEST KEMPSEY? NSW? 2440

EMAIL: oxley@parliament.nsw.gov.au

 

 

Dear Andrew

 

USE OF BOULTONS CROSSING RESERVE AS A CAMPING GROUND

 

Reference is made to previous representations about this matter.

 

Recently, Council resolved to receive a report on the ongoing use of the Boultons Crossing Reserve as a camping ground; the risks to Council and any options for the management of that risk.

 

As a consequence, Council considered a report on the camping ground at its meeting on 26 July 2012.? Please find enclosed a copy of that report.?

 

Council did not adopt the recommendation but instead resolved to defer a decision and make urgent representations to yourself for assistance in resolving the issues.?

 

Principally, the issues relate to governance and finance.?

 

In relation to governance, there is no evidence of an approval for the use of the Reserve as a camping ground and the recent creation of the Gaagal Wangan (South Beach) National Park resulted in a large part of the Reserve being incorporated in the National Park.? The residue of the Reserve containing the camping ground now has insufficient area to comply with the requirements in the Local Government (Caravan Parks, Camping Grounds and Movable Dwellings) Regulation 1995 for a primitive camping ground.? If the camping ground had been incorporated in the National Park, this problem would not have arisen as the Regulation does not apply to National Parks.

 

The financial issues concern the need to replace the dilapidated amenities block and also to replace the failing septic system.? Council has made application for funding under the Public Reserves Management Fund to replace the amenities and septic system.


2???????

 

The Hon Andrew Stoner MP

31 July 2012

 

 

 

The camping ground is very popular and its potential closure is the less preferred option.? However, Council has made no progress in resolving either the governance arrangements or the financing of new amenities.? Council is hopeful that the current round of the Public Reserves Management Fund will assist but of course, this is a competitive program with limited funding available.?

 

Council would appreciate any assistance you can provide in resolving these issues.

 

Yours faithfully

 

 

 

 

Michael Coulter

GENERAL MANAGER

 

MAC:ms

 

Enc?? Copy of report to Council?s meeting on 26 July 2012

 


Ordinary Council Meeting - 29 November 2012

Gumma (Boulton's Crossing) Reserve

 


Ordinary Council Meeting - 29 November 2012

Gumma (Boulton's Crossing) Reserve

 



Ordinary Council Meeting - 29 November 2012

Gumma (Boulton's Crossing) Reserve

 


Ordinary Council Meeting - 29 November 2012

Gumma (Boulton's Crossing) Reserve

 

 

 

 

FILE NOTE

 

 

DATE

26/11/2010

TIME

8.40

Author :?? Stevenw

ATTENDANCE

 

person contacted:

Sam Concchini LPMA Taree

phone contact no#:

02 6591 3500.

 

 

File note:

 

T/A Sam Conchinni to discuss the future of Boultons crossing and in particular his call to MC last week re the business paper.

 

Sam explained that the business appear had been brought to the attention of senior management who had concerns that council were seeking to cede control of the reserve to the NPWS.

 

I explained that this was not the case at all. I? advised that I had had two conversations with Karen Hembrow regarding the issues facing the Reserve (Land entitlement and operating approval) and that she had said that the LPMA would seek to annexe other Crown Land to the Reserve? to overcome the land entitlement issue and would liaise with council re the ongoing operational issues ( incl improvements ).

 

Despite this we have not heard from the Department. Sam explained that Karen was very busy at the moment and had just changed roles so this may be why there has been no response.

 

I also explained that our intention, in the absence of a response from LPMA, was to engage NPWS in potential resource sharing and management arrangements ( not to seek to transfer control or title as clearly this was beyond our authority). The NPWS had two full time staff members managing the park as well as resources to upgrade the camping ground. I commented that it did not make sense that these resources would be ignored simply because the Department of Lands also engaged in this type of activity.? I reiterated that the intention was not to hand over the Reserve our intention was to be proactive in finding solution that would best ensure the retention of the Reserve for the community and to present these option to LPMA for consideration..

 

I said that the worst outcome ( and to be blunt given the response from the LPMA the most likely at this point) would be for the Reserve to become the? subject of a turf war between the departments where the only possible losers would be the local community.

 

Sam said he now understood where we were coming from and suggested that I send a letter to the LPMA mid north Coast area manager detailing the above.

 

He said he had visited the site and was aware of the improvement required.

 

Upon receipt they would do a feasibility study and come back to us. I explained that there was some urgency given the impending holiday season and the current status of the Reserve.


Ordinary Council Meeting - 29 November 2012

Gumma (Boulton's Crossing) Reserve

 


















Ordinary Council Meeting - 29 November 2012

Gumma (Boulton's Crossing) Reserve

 

General Manager's Report

ITEM 9.14??? PRF54????????????? 101012???????? Boulton's Crossing (Gumma) Reserve - Camping Fees

 

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

 


 

Summary:

 

Council staff are now receiving regular enquiries about the use of the Reserve and the applicable camping fees.? The contractor/volunteer who collects the camping fees is also being hampered by the lack of signage indicating the applicable fees.

 

A review of camping fees at similar facilities has been undertaken.? For designated NSW school holidays it is proposed to increase the camping fee of $12 per site per night to $20 per site per night.

 

 


 

Recommendation:

 

1.?????? Camping fees at the Boulton?s Crossing (Gumma) Reserve be maintained at $12 per site per night, except for designated NSW school holidays when the camping fee will be $20 per site per night.

 

2.?????? That a suitable sign be erected at the Boulton?s Crossing (Gumma) Reserve indicating the camping fees and other rules for use of the Reserve (eg, no dogs, maximum stay of 1 month, no unoccupied vans or campsites etc.)

 

3.?????? That the changes to camping fees be advertised in Council?s block in the Nambucca Guardian News and also on Council?s website.

 

 


OPTIONS:

 

The Committee of Management is not operating.? Council has discretion as to the camping fees which are charged.

 

Council could choose to advertise the proposed charges for comment, however none of Council?s existing Committees of Management advertise changes to their charges.

 

It is proposed that there be an advertisement in Council?s block indicating the increase in charges during the school holidays.? The charges will be displayed on Council?s website and the proposed sign to be erected at the Reserve.

 

 

DISCUSSION:

 

Council is aware that the Committee of Management for the Boulton?s Crossing (Gumma) Reserve is not active and for the time being the operational management of the Reserve is being undertaken by Council staff and contractors.? Council last dealt with the Reserve at is meeting on 26 July 2012, the minutes for which are as follows:

 

Motion:???? (Flack/Smyth)

 

1??????? That Council formally terminate the Gumma (Boulton?s Crossing) Section 355 Committee of Management and the General Manager report to Council on operating arrangements for the Reserve including reviewing the camping fees; arrangements for the collection of camping fees; and signage in the reserve.

 

2??????? That in the event Council cannot obtain sufficient funding to replace the amenities and upgrade the septic system from the current funding round of the Public Reserves Management Fund, the Gumma (Boulton?s Crossing) reserve be closed to camping.

 

3??????? That the Department of Lands, the National Parks and Wildlife Service and the Member for Oxley, the Hon. Andrew Stoner MP be advised of Council?s intention.

 

Amendment:?????? (Ainsworth/Finlayson)

 

That Council defer a decision on this matter and make urgent representations to the Deputy Premier (the Hon Andrew Stoner MP) for assistance in resolving the issues.

 

The amendment was carried and it became the motion and it was:

 

?3462/12 Resolved:????? (Ainsworth/Finlayson)

 

That Council defer a decision on this matter and make urgent representations to the Deputy Premier (the Hon Andrew Stoner MP) for assistance in resolving the issues.

 

Council has received the attached interim response from the Hon. Andrew Stoner MP, Deputy Premier.? A funding application for the replacement of the amenities has been made under the Public Reserves Management Fund.? At the date of preparing this report, there had been no determination made as to the success or otherwise of Council?s application.

 

Approximately 18 months ago a sign indicating camping fees at the reserve was either removed or washed away by a flood.

 

Council staff are now receiving regular enquiries about the use of the Reserve and the applicable camping fees.? The contractor/volunteer who collects the camping fees is also being hampered by the lack of signage indicating the applicable fees.

 

Prior to considering a replacement sign and posting information about camping fees on Council?s website, a review has been undertaken of the camping fees charged at Boulton?s Crossing compared to similar primitive camping grounds in Northern NSW..

 

The following table provides a comparison of fees for camping grounds with similar facilities which are accessible to 2 wheel drive vehicles.? Most of the comparison primitive camping grounds are operated by the National Parks and Wildlife Service.? Farquhar Inlet on the Manning River is the notable exception.


 

Comparison of Fees for Primitive Camping Grounds

 

Camping Ground

Facilities

Fees

Boulton?s Crossing (Gumma) Reserve - NSC

Toilets, drinking water, rubbish removal

$12 per site.? No limit on persons per site.? Fees usually collected twice per week.

Farquhar Inlet (Manning River) ? Dept. of Lands

Toilets, BBQs, no drinking water, no rubbish removal

Site defined as 4 persons.? $11 per night during low season and $20 per night during school holidays.? Additional person $2.50.

Diamond Head campground in Crowdy Bay National Park - NPWS

Toilets, no drinking water, cold showers, BBQ?s, picnic tables

$10 per adult per night, $5 per child per night, plus a daily vehicle fee of $7 or annual pass.

Apsley Falls campground in Oxley Wild Rivers National Park

Toilets, picnic tables, BBQ?s, no drinking water

$5 per adult per night.? $3 per child per night.

Dangars Gorge campground in Oxley Wild Rivers National Park

Toilets, picnic tables, BBQs, drinking water

$10 per adult per night.? $5 per child per night.

Melaleuca camping ground ? Limeburners Creek National Park

Toilets only.

$10 per adult per night.? $5 per child per night.

Point Plomer camping ground ? Limeburners Creek National Park

Toilets, picnic tables, BBQ?s, cold showers, no drinking water.

$10 per adult per night.? $5 per child per night.? Plus an annual pass or daily vehicle entry fee of $7.

Illaroo campground ? Yuraygir National Park

Toilets, picnic tables, BBQ?s, drinking water

$10 per adult per night.? $5 per child per night.

Lake Arragan and Red Cliff campgrounds ? Yuraygir National Park

Toilets, picnic tables, BBQ?s, drinking water

$10 per adult per night.? $5 per child per night.

Hungry Gate campground ? Hat Head National Park

No facilities

$5 per adult per night.? $3 per child per night.? Plus an annual pass or daily vehicle fee of $7.

Smoky Cape campground ? Hat Head National Park

Toilets, picnic tables, BBQ?s, no water

$5 per adult per night.? $3 per child per night. Plus an annual pass or daily vehicle fee of $7.

Black Rocks campground ? Bundjalung National Park

Toilets, picnic tables, BBQs, no water

$10 per adult per night.? $5 per child per night.? Annual pass or daily vehicle entry fee of $7 also required.

Woody Head campground ? Bundjalung National Park

Toilets, picnic tables, BBQ?s, drinking water, cold showers

Minimum site fee of $28 applies covering 2 adults.? Additional adults are $14, additional children are $7.? Off peak rates also apply.

Bald Rock campground ? Bald Rock National Park

Toilets, picnic tables, BBQ?s, no drinking water

$7 per adult per night.? $3.50 per child per night.

 

In terms of fixing camping fees for the Boulton?s Crossing Reserve, the following factors should be considered:

 

?????? There are increased costs in managing peak school holiday periods, through call outs by Council staff and contractors.

?????? Fees are currently collected on two occasions per week.? There is a reasonable likelihood that short stay motor homes, caravans and campers will not pay at all.? Depending upon the future of the camping ground, the frequency of fee collection should be reviewed.

?????? If the camping ground remains open, there needs to be considerable expenditure on replacing the amenities and septic system.? The current camping fees do not cover the cost of this depreciation.

?????? The difficulty of counting ?heads? at camping sites

 


 

CONSULTATION:

 

There has been consultation with the contractor/volunteer who currently collects the camping fees.

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are no implications for the environment.

 

Social

 

There are no significant social implications.

 

Economic

 

There are no significant economic implications.

 

Risk

 

The risks concerning the Boulton?s Crossing (Gumma) Reserve have been discussed in previous reports to Council.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

The proposed increase in camping fees during school holidays will increase camping revenue.

 

The proposed sign will cost approximately $500 and will be met from the Committee?s funds which are now in Council?s control.

 

Source of fund and any variance to working funds

 

There is no impact on working funds.

 


Attachments:

1

20410/2012 - Response from Andrew Stoner MP

0 Pages

?


Ordinary Council Meeting - 29 November 2012

Gumma (Boulton's Crossing) Reserve

 


Ordinary Council Meeting????????????????????????????????????????????????????????????????????????????????????????????? 29 November 2012

General Manager's Report

ITEM 9.4????? SF841????????????? 291112???????? Proposed Highway Service Centre - Valla

 

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

 

Summary:

 

There have been preliminary discussions with staff of Roads and Maritime Services and also the Department of Planning and Infrastructure in relation to the establishment of a highway service centre at the proposed Valla interchange on the upgraded Pacific Highway.

 

It is recommended that Council lobby to support the establishment of a highway service centre at this location.

 

 

Recommendation:

 

That Council lobby Roads and Maritime Services and the Member for Oxley to support the establishment of a highway service centre at the proposed Valla interchange on the upgraded Pacific Highway

 

 

OPTIONS:

 

Council could choose not to lobby for or to oppose a highway service centre at Valla.

 

DISCUSSION:

 

Council staff have had preliminary discussions with staff of Roads and Maritime Services (RMS) in relation to the proposed Valla interchange and the opportunity to establish a highway service centre on land owned by the RMS.

 

The land is ideally located for a highway service centre being located on a proposed interchange half way between Brisbane and Sydney and with the RMS already proposing to provide a highway rest stop at the site.? A highway service centre would also provde an ?anchor? to Council?s planned Valla Urban Growth Area which is adjacent to the interchange.? The RMS were already proposing to provide reticulated water and sewerage to the site.

 

Highway service centres can be significant economic drivers, employing upwards of 30 full time equivalent staff.? A service centre will assist in replacing the loss of trade which will be experienced when the upgraded Pacific Highway eventually bypasses all of the towns in the Nambucca Valley.? In particular some of the loss of passing trade in Macksville could be captured (replaced) at Valla.

 

Also construction work on the Nambucca Heads to Urunga upgrade is scheduled to commence in 2013 so an early decision will potentially avoid the duplication of civil works.

 

The RMS staff advised that there had been representations about locating highway service centres at South Kempsey and for a second service centre to be located at the Port Macquarie interchange on the western side of the highway to the existing centre.? They indicated that a review of a local planning direction under Section 117 of the Environmental Planning and Assessment Act would be required.? The relevant local planning direction is shown below.

5.4??????? Commercial and Retail Development along the Pacific Highway, North Coast

Objectives

(1)??????? The objectives for managing commercial and retail development along the Pacific Highway are:

(a)??????? to protect the Pacific Highway?s function, that is to operate as the North Coast?s primary inter- and intra-regional road traffic route;

(b)??????? to prevent inappropriate development fronting the highway

(c)??????? to protect public expenditure invested in the Pacific Highway,

(d)??????? to protect and improve highway safety and highway efficiency,

(e)??????? to provide for the food, vehicle service and rest needs of travellers on the highway, and

(f)???????? to reinforce the role of retail and commercial development in town centres, where they can best serve the populations of the towns.

Where this Direction applies

(2)??????? This Direction applies to those council areas on the North Coast that the Pacific Highway traverses, being those council areas between Port Stephens Shire Council and Tweed Shire Council, inclusive.

When this Direction applies

(3)??????? This Direction applies when a relevant planning authority prepares a planning proposal for land in the vicinity of the existing and/or proposed alignment of the Pacific Highway.

What a relevant planning authority must do if this Direction applies

(4)??????? A planning proposal that applies to land located on ?within town? segments of the Pacific Highway must provide that:

(a)??????? new commercial or retail development must be concentrated within distinct centres rather than spread along the highway,

(b)??????? development with frontage to the Pacific Highway must consider impact the development has on the safety and efficiency of the highway.

(c)??????? For the purposes of this paragraph, ?within town? means areas which, prior to the draft local environmental plan, have an urban zone (eg: ?village?, ?residential?, ?tourist?, ?commercial?, ?industrial?, etc) and where the Pacific Highway speed limit is less than 80km/hour.

(5)??????? A planning proposal that applies to land located on ?out-of-town? segments of the Pacific Highway must provide that:

(a)??????? new commercial or retail development must not be established near the Pacific Highway if this proximity would be inconsistent with the objectives of this Direction.

(b)??????? development with frontage to the Pacific Highway must consider impact the development has on the safety and efficiency of the highway.

(c)??????? For the purposes of this paragraph, ?out-of-town? means areas which, prior to the draft local environmental plan, do not have an urban zone (eg: ?village?, ?residential?, ?tourist?, ?commercial?, ?industrial?, etc) or are in areas where the Pacific Highway speed limit is 80km/hour or greater.

(6)??????? Notwithstanding the requirements of paragraphs (4) and (5), the establishment of highway service centres may be permitted at the localities listed in Table 1, provided that the Roads and Traffic Authority is satisfied that the highway service centre(s) can be safely and efficiently integrated into the Highway interchange(s) at those localities. For the purposes of this paragraph, a highway service centre has the same meaning as is contained in the Standard Instrument (Local Environmental Plans) Order 2006.

 

Table 1: Highway service centres that can proceed

 

Town

Locality

Chinderah

???????? Chinderah Bay Road interchange (southbound)

???????? Western side of highway in urban zone (northbound)

Ballina

???????? Teven Road interchange

Maclean

???????? Northern interchange near the Clarence River or southern interchange near Ferry Park, but not both.

Woolgoolga

???????? Northern interchange at Arrawarra or southern interchange south of Woolgoolga, but not both.

Kempsey

???????? South Kempsey interchange

Port Macquarie

???????? Oxley Highway interchange, east of the Pacific Highway

Taree

???????? Old Bar Road interchange

Tomago

???????? In the vicinity of Tomago Road / Southern Heatherbrae

 

Consistency

(7)??????? A planning proposal may be inconsistent with the terms of this Direction only if the relevant planning authority can satisfy the Director-General of the Department of Planning (or an officer of the Department nominated by the Director-General) that the provisions of the planning proposal that are inconsistent are of minor significance.

Direction 5.4 ? issued 29 November 2009

 

However Council staff have now made enquiries with the NSW Department of Planning and Infrastructure and it has been confirmed that the Nambucca LEP 2010 permits highway service centres in the RU2 zone which means there is no statutory trigger that brings the Section 117 direction into play.? A development application could therefore be lodged without any reference to the Department.? A highway service centre at Valla could also be considered under the Infrastructure SEPP (clause 99) as it is within ?a road corridor for a freeway, tollway or national highway?.

 

The RMS is in a position where it could, if it wishes, seek expressions of interest for the development of a highway service centre at Valla.

 

CONSULTATION:

 

There has been consultation with Roads and Maritime Services and the Department of Planning and Infrastructure.

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

A proposed highway service centre will have no discernible additional impact to the highway rest stop which was already proposed by the RMS.

 

Social

 

To the extent that a proposed highway service centre will provide additional employment or replacement employment for jobs lost as a result of the relocation of the Pacific Highway, it will have a positive social benefit.? It is estimated that a successful highway service centre could provide 30 equivalent full time jobs.? These jobs are often for unskilled or semi-skilled labour which is a key employment need in the Nambucca Valley.

 

Economic

 

There are potentially significant economic benefits from a highway service centre providing additional local jobs financed by highway travellers.? There will also be local suppliers who will similarly benefit.? All of these jobs and local contract services provide a multiplier to the local economy.

 

Depending upon the timing of the Warrell Creek to Nambucca Heads upgrade there is likely to be a relatively short period when the proposed Valla highway service centre would be operating in competition with existing highway related businesses in Macksville.? Whilst this is undesirable, if the Nambucca Valley doesn?t position itself to have a highway service centre at some location on the upgraded Pacific Highway it will lose most of the economic value of highway travellers.

 

There is also potential for a Visitor Information Centre to trade off the substantial visitation to a highway service centre.? Council has already written to Nambucca Valley Tourism seeking their preferred strategy for the future of the Visitor Information Centre in response to the relocation of the Pacific Highway.

 

Another significant economic benefit is the potential for a highway service centre to ?anchor? the development of the adjoining Valla Urban Growth Area, and particularly the industrial zoned land.

 

Risk

 

There are no discernible risks.? The topography at the proposed Macksville interchange at Bald Hill Road is not as favourable for a highway service centre as the Valla site.? The Valla site has also been identified for a rest area which is not proposed at Bald Hill road.? There would be greater risk attached to lobbying for a highway service centre at the interchange at Macksville in lieu of a highway service centre at the Valla interchange.? The Macksville site is also closer to the proposed centre at South Kempsey.

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

A highway service centre will be an additional ratepayer in the business category.? It will also pay charges for the use of water, sewerage and for solid waste.

 

Source of fund and any variance to working funds

 

There is no impact on working funds.

 

Attachments:

There are no attachments for this report.


Ordinary Council Meeting????????????????????????????????????????????????????????????????????????????????????????????? 29 November 2012

General Manager

ITEM 9.5????? SF1120??????????? 291112???????? Grant Application Status Report

 

AUTHOR/ENQUIRIES:???? Colleen Henry, Grants Officer ????????

 

Summary:

 

This report provides an overview of grant applications and their status.

 

 

RecommendationS:

 

That the list of grant applications and their status to 20 November 2012 be received.

 

 

Successful grant applications (not yet acquitted):

Grant and date of approval

Funding Amount

Amount Council

Description

Department of Sustainability, Environment, Water etc

 

$1 million

NA

Detailed design for off river water storage

Transport for NSW

Better Boating Program

Closed 29 July 2011

$47,734

$47,734****

 

Scotts Head Boat Ramp ? all-season facility

Department of Health and Ageing

Closed 19 August 2011

$566,430

NA

Healthy Communities Initiative Phase 3

?Live Healthy Nambucca?

Department of Sport and Recreation Facilities Grant

Closed 15 April 2011

1. $480

2. $4761

 

 

NA

1. Table Tennis Tables for Nambucca Heads Table Tennis Club (NHTTC), under the auspice of Nambucca Shire Council

2. Bowraville Cricket Club Nets and Pitch

Community Arts Support Program

Closed 10 February 2012

$1,000

NA

Unkya CoM to contribute some funds

Creation of mosaic artwork ?The Harmony Tree? for Unkya Reserve

Office of Communities

Community Building Partnership Program

Closed 31 October 2011

$19,745

$19,745****

Creation of a sand lagoon and other playground equipment, and installation of a composting toilet at Unkya Reserve.

Clean Energy Future ? Biodiversity Fund

 

Closed January 2012

$455,000 over six years

$30,000 over six years

?(From existing budget)

Invasive species control on Cliffs and High Conservation areas on the Coastal Fringe of the Nambucca Valley ? Funds will be used to manage invasive species including Bitou Bush and Lantana within the Coastal Reserve System, along 8.2km of coastline. The project will enhance the biodiversity of a large tract of connected coastal habitat and build capacity of the local community to protect and enhance the natural environment.

Your Community Heritage Grant

Telling the Tale of Talarm ? 150 years of settlement

Department of Sustainability, Environment, Water, Population and Communities

Closed November 2011

$9,000

NA

In-kind contribution from Talarm CoM

Collection of oral histories encompassing the descendants of pioneers and newcomers. Future grant application will be made to publish a book written from the information and photos and other documents collected.

Foundation for Rural and Regional Renewal ? Flood Fund

Closed 24 February 2012

$5,000

NA

?

Storage shed for storing VBCA equipment.

Department of Sustainability, Environment, Water, Population and Communities

No closing date

 

$10 million

TBC

Off-river water storage (subject to a number of conditions including detailed plans, relevant approvals, Council funding, confirmation of final project costs.

Indigenous Sport and Active Recreation Program Prime Minister and Cabinet

Closed 9 March 2012

$338,478 requested but only

$226,059 received

NA

Three-year program contracting Ritchie Donovan to continue to deliver Sport and Well-Being/Sports Facilitation program at Buz Brazel Oval. The full amount was not received, however it is sufficient to contract Mr Donovan over three years

 

NSW Govt ? Local Infrastructure Renewal Scheme (LIRS)

Closed 26 March 2012

 

4% interest rate subsidy

Loan repayment

Council will receive an interest rate subsidy of 4% for the construction of three bridges (Touts, Lavertys & Eungai Creek) which have combined value of $1.314 million.

Northern Rivers Catchment Management Authority -

NRM Implementation projects

Closed 15 June 2012

$70,000

$22,500

in-kind

Nambucca Shire Beaches Access Ways ? Prioritisation and construction of at least three beach access ways as part of the implementation of the Coastal Zone Management Plan.

Office of Environment and Heritage NSW

Closed 28 February 2012

$60,000

$40,000*

 

Nambucca Shire Beaches Access Ways ? Prioritisation and construction of beach access ways as part of the implementation of the Coastal Zone Management Plan.

 

SUCCESSFUL APPLICATIONS IN THIS PERIOD:

 

Grant and Date of Notice

Amount

Amount - Council

Description

Office of Environment and Heritage NSW

Closed 28 February 2012

$80,000

$40,000**

Gumma Reserve Water Management Regime assessment, planning and implementation of water management regime at Gumma to meet wetland improvement and water quality management objectives.

Royal Australian Heritage Society Historical Grant

Closed 20 July 2012

$1,500

(partial grant only)

NA

Publication of the history of Talarm from the oral histories which are being collected through a Commonwealth grant.

Revitalising Regional Libraries

Closed 19 November 2012

$16,000

NA

Funding to address some of the gaps in the Library collection.

Mid North Coast Cancer Council

Closed 9 November 2012

$5,000

In-kind (labour)

Funding to purchase 49 non-smoking area signs for placement throughout the Shire?s facilities.

Total year to date

$13,567,709

 

 


Applications made but not yet determined:

 

Funding Body

Amount

Amount - Council

Project Name

Crown Lands ? Public Reserves Management Fund

Closed 31 July 2012

$146,000

$10,000***

Boulton?s Crossing Reserve:

Consultancy to identify best waste management system and implementation of report recommendations

Office of Communities NSW ? Youth Opportunities

Closed 6 August 2012

$38,600

In kind

Tools to Turn Dreams to Reality ? Creating a community sk8 park. (Youth development activities focused on re-designing Macksville Skate Park)

Office of Communities ? Sport and Recreation Participation and Facility Grant

Closed 3 September 2012

$50,000

$50,000****

Rebuilding/renewal of Macksville Skate Park.

Office of Communities

Community Building Partnership Program

Closed 30 October 2012

$26,000

$26,000 (From Healthy Communities Initiative)

Build an outdoor exercise hub in Macksville, as part of revitalisation activities

Local Government and Shires Association Age-Friendly Community Grant

Closed 16 November 2012

 

$24,000

NA

Implement Macks 05 and Macks 02 (recommendations from the PAMP) to complete two footpaths.

Regional Development Australia Fund

Round 3 (Small Communities)

Round 4 (Infrastructure)

Closes 6 December

 

 

$500,000

$500,000

 

 

NA

NA

 

 

Extension to Bowraville Theatre

Extension to Macksville Library for storage and community space

 

*??????? The Draft Environmental Levy Fund, which Council considered in October 2011, identifies $40,000 for the implementation of actions from the Nambucca Coastal Zone Management Plan.

**?????? From the Environmental Levy Fund.

***????? From the Committee of Management?s account; income from camping fees

****???? From s.94 funds

 

 

Unsuccessful applications in this period:

 

Funding Body

Amount

Amount - Council

Project Name

Families, Housing, Community Services, Indigenous Affairs

Closed 25 July 2012

Various

NA

Unkya bush regeneration kit

Shelly Beach Dunecare equipment and trailer

EJ Biffin ? kitchen/cleaning/shades

Coronation Park ? as above

 

Please note that even though Council was unsuccessful in securing the above FaHCSIA grant, the Grants Officer assisted three community organisations to complete applications which were successful: Macksville Touch Football Association ($4,800), Nambucca Heads Men?s Shed ($1161) and Bowraville Junior Rugby Club ($4,500).

 

 

Attachments:

There are no attachments for this report.


Ordinary Council Meeting????????????????????????????????????????????????????????????????????????????????????????????? 29 November 2012

General Manager's Report

ITEM 9.6????? SF135????????????? 291112???????? Regional State of the Environment Report 2011/12

 

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

 

Summary:

 

This years State of the Environment Report is to be the first report for the new Integrated Planning & Reporting (IP&R) framework. As per DLG recommendation of regional reporting, all Councils, County Councils, state government agencies and departments within the north coast area were invited to group and produce a Regional SoE.

 

 

 

Recommendation:

 

That Council endorse the final draft Comprehensive Regional State of the Environment Report for the year 2011/2012.

 

 

OPTIONS:

 

 

DISCUSSION:

 

The Final Draft Regional Comprehensive report for the year 2011/2012 has been distributed to all Councillors via disk at the 14 November 2012 Council meeting.? A summary of the report?s findings are attached.

 

SoE reporting is a requirement for local government under the Local Government Act 1993. Amendments to the Act in 2009 altered the reporting schedule and structure, requiring a comprehensive SoE report every 4 years (in the year of an ordinary election). The SoE reports are part of the NSW Government Integrated Planning and Reporting (IP&R) framework. This framework guides each council?s strategic planning and reporting, and requires the creation of a community strategic plan which incorporates environmental objectives among other things. Therefore this Regional SoE meets the reporting requirements of the IP&R framework and provides environmental benchmarks which councils and natural resource managers can use for better decision-making.

 

The Local Government Act 1993 encourages regional reporting as it provides not just an isolated assessment of an area with an arbitrary administrative boundary (a council area) but a catchment and regional picture incorporating a range of environmental features. It also encourages collaborations, which allow broad scale projects to be implemented with better regional outcomes, and assists with management of shared resources, particularly rivers and areas of special ecological significance.

 

The Regional SoE Report Project partnership is between the Northern Rivers CMA and participating general councils and county councils in the Northern Rivers CMA Region NSW Government agencies are also involved in the project providing expertise and data. Involved agencies include Department of Premier and Cabinet, Division of Local Government, Office of Environment and Heritage, Department of Primary Industries, Department of Lands, NSW Office of Water, Ministry of Health, and the Food Authority.

 

Participating councils are:

?????? Ballina Shire Council

?????? Bellingen Shire Council

?????? Byron Shire Council

?????? Clarence Valley Council

?????? Coffs Harbour City Council

?????? Kempsey Shire Council

?????? Kyogle Shire Council

?????? Lismore City Council

?????? Nambucca Shire Council

?????? Port Macquarie ? Hastings Council

?????? Richmond Valley Council

?????? Tweed Shire Council

?????? Far North Coast Weeds

?????? Richmond River County Council

?????? Rous Water

 

The objectives of the Regional SoE include:

?????? To provide a common set of themes and indicators that report on meaningful trends in environmental health at a regional scale over time, with a shift in the emphasis towards indicators of natural resource condition rather than pressure and response.

?????? To enhance data gathering, sharing, assessment and publication processes across all stakeholders and reporting frameworks.

?????? To integrate, align and standardise local, regional and state reporting processes such as NSW SoE, state of the catchments and regional natural resource management (NRM) prioritisation and investment processes.

?????? To develop a broader, more inclusive framework that captures more NRM programs and stakeholders.

?????? To provide a more accessible and meaningful report for community and decision-makers on the condition of the local environment and where resources are best placed to respond to community expectations.

?????? To reduce duplication of resources in SoE and NRM reporting.

?????? To link regional priorities and targets via the new ?Northern Rivers CMA Catchment Action Plan 2013?23? (draft currently on exhibition) and the environmental component of local government community strategic plans.

 

The report is presented in four parts. Part 1 is the summary of findings. This document contains part 2, the individual chapters on the four themes. Part 3 is a web-based collection of case studies; and Part 4 is a web-based document containing report cards for each council and county council involved in the report.

 

The four environmental themes are:

1. ????? People and the Environment

2. ????? Biodiversity and Vegetation

3. ????? Land and Soils

4. ????? Water.

 

These themes were selected as they are compatible with the State-wide standard and targets established by the Natural Resources Commission (NRC 2005), the body that guides NRM and monitoring, evaluation and reporting in NSW. Each theme contains a number of resource categories which each have indicators and measures. There are 16 resource categories in total. Indicators relate to condition, pressure or response.

 

 

CONSULTATION:

 

All Councils and members of the RSOE group

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

This will be a report on the state of the Nambucca Shire?s, and other Council's within the northern rivers regions environment.

 


Social

 

The report is designed for the community to read and understand what the state of the environment is like in their Shire in contrast with regional areas 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 will be an annual fee of $1,250

 

Source of fund and any variance to working funds

 

No variation is sought.

Attachments:

1View

30846/2012 - Summary - Regional State of the Environment Report 2011/2012

0 Pages

??


Ordinary Council Meeting - 29 November 2012

Regional State of the Environment Report 2011/12

 



Ordinary Council Meeting????????????????????????????????????????????????????????????????????????????????????????????? 29 November 2012

General Manager's Report

ITEM 9.7????? SF1672??????????? 291112???????? Water and Sewerage Access Charges and Domestic Waste Charges for Multi Residential - 2012/2013

 

AUTHOR/ENQUIRIES:???? Chris Wills, Rates Officer; Michael Coulter, General Manager ????????

 

Summary:

 

The purpose of this report is to advise Council on the:

 

1??????? Impact of ?phasing in? the changes to the charging of Sewer and Water Access Charges and Sewer Usage Charges in the 2012/2013 rating year so as to comply with the Best Practice Management of Water Supply and Sewerage issued in 2007, and

2??????? To report on the options for reclassifying properties such as bedsits in line with the classification of motel rooms for the purpose of levying water, sewer and waste charges and the precedent that such action would create in terms of numbers of properties and revenue.

 

The changes resulted in some 35 residential properties receiving a reduction of charges and 103 residential properties receiving an increase in charges.? These figures are based on what would have been charged for the 2012-13 rating year had the restructure not occurred.? There were also 32 single occupancy properties identified with business sewer access and usage charges, which were corrected.

 

One property has been inspected by the Area Health & Building Surveyor following a request by the owner and has been changed back to a single occupancy.

 

Letters have been received from five (5) owners protesting the increases and several others have phoned to enquire about the increases.? As a result 60 letters were sent to those impacted by $400 or more advising that Council would consider the matter and foreshadowed a possible phase-in period

 

Two spreadsheets have been prepared to show the impact on income if phasing-in of the charges is adopted.? Copies are circularised for Councillors.

 

The Local Government Act 1993 (the Act) is very prescriptive in the classification of a property for rating purposes. There is clear definition of what constitutes Farmland, Residential and Mining; any property not fitting these definitions is by default Business.

 

There is really no option for reclassifying properties such as bedsits without contravening the Act or levying water and sewer access charges differently without contravening guidelines. There may be room for varying charges for waste management for non-strata properties containing six or more occupancies.

 

The current Revenue Policy - Fees & Charges provides for the charging of the Domestic Waste Annual Charge (currently $484.00) on a per occupancy basis. Section 496 of the Act compels the Council to make and levy an annual charge for the provision of domestic waste management services for each parcel of rateable land for which the service is available.

 

The Fees & Charges could be varied to applying the Base charge of $484.00 to the property and then applying the relevant charges for additional bins to adequately service the waste needs in accordance with Coffs Coast Waste Services contractual guidelines.

 

 

Recommendation 1:

 

1????????? That Council ?phase-in? the Sewer Access Charge to Dual Occupancy residential properties where the increase is $400 or more, over two (2) years, and

 

2????????? That Council ?phase-in? both the Sewer and Water Access Charge to Multiple Occupancy residential properties where the increase is $600 or more over three years (using a four year strategy commencing at year 2).

 

3????????? That amended rates notices be issued to affected rate payers with an explanatory letter.

 

4????????? That Council varies the wording in its making of the rates Resolution for 2013-14 to:

??????????? ?That in accordance with Section 496 of the Act, the annual charge for 2013/2014 for domestic waste service on all occupied rateable land in the Shire categorised as Farmland or Residential under section 515 or 516 of the Act to which a domestic waste service is provided, is made at xxx dollars ($x) for each assessment, such charge to have a short title of ?Domestic Waste Management ? Occupied? and be otherwise know as the Base charge. In addition, where the property consists of non-strata Dual or Multiple occupancies of five or less occupancies the total charge will be the Base charge multiplied by the number of occupancies; while for six or more occupancies the total charge will be the Base charge plus additional charges for the additional bins required to adequately service the waste needs in accordance with Coffs Coast Waste Services contractual guidelines.

 

5????????? That owners of properties consisting of non-strata multiple occupancies of six or more be advised they may make application for a reduction in their waste services based on a formula being the Base charge plus additional charges for the additional bins required to adequately service the waste needs in accordance with Coffs Coast Waste Services contractual guidelines.

 

 

OPTIONS:

 

1??????? Council could choose to let stand the accounts issued for Sewer and Water Access Charges and consider waiving interest charges on overdue rate instalments for the affected properties for the whole year, to lessen the impact where the increased instalment can?t be met in the short term.? This option will have a minimal impact on the budgeted income for 2012-13.

 

2??????? Council could choose to phase-in the Sewer and Water Access Charges over two or more rating years to lessen the impact on the owners, noting that this option will have an impact on the budgeted income for 2012-13 and beyond.

 

3??????? Council could choose to not vary the way in which the Domestic Waste Charges are applied which would have no impact on the budgeted income for 2012-13, or could choose to vary the charging in line with the recommendation from the beginning of next financial year. This would allow Council to reprice the costing of the service so as not to impact on net cost to Council.

 

 

DISCUSSION:

 

Sewer and Water Access Charges:? As advised in the previous report to Council, Sewer and Water Access Charges applied to dual and multiple occupancy residential properties were changed to comply with guidelines issued by the then Minister for Water Utilities and gazetted on 31 August 2007 and concurred with by the Minister for Local Government.

 

Since 2007, it has been Council policy to apply the business sewer access charge together with a sewer usage charge on dual and multiple occupancy residential properties, however this is contrary to the abovementioned Guideline.

 

The changes were implemented in the 2012-13 rate year and resulted in some 35 residential properties receiving a reduction of charges in the order of $17 to $5,762, the average being $652.? These changes have also resulted in 103 residential properties receiving an increase in the order of $14 to $9,091, the average being $719.? These figures are based on what would have been charged for the 2012-13 rating year had the restructure not occurred.

 

The circularised spreadsheet titled ?Dual Occupancy Ratepayers with increases of $400 or more? shows details of 37 properties and the impact on them and Council?s income with a phase-in period of two years? on the sewer charge only and the additional water access charge still being applied

 

The net effect/increase on owners and therefore the additional income generated by these changes on these 37 properties was $21,420 (this takes into account removing the business sewer access and sewer usage charges and applying the residential sewer access and water access charge per occupancy).? If we still apply the water access charge per occupancy but phase-in the bigger sewer access charge over two years this will reduce the net increase on owners in the first year to $4,844 but will reduce the Council?s income by $16,576.

 

The spreadsheet titled ?Multiple Occupancy Ratepayers with increases of $600 or more? shows details of 21 properties and the impact on them and the Council?s income with phase-in periods of two years and four years on both the sewer and water access charges.

 

The net effect/increase on owners and additional income generated on these 21 properties was $43,356. A two year phase-in will reduce the net increase on owners in the first year to $5,700 but will reduce Council?s income by $37,656.

 

A four year phase in period would, in the first year, would result in net decreases on owners of $13,127 and reduced income of $56,484; the second year would be the same as the two year phase-in result while the third year would see an increase on owners of $24,528 with a reduction in income of $18,828.

 

Should the four year phase in period be preferred I recommend that it be introduced over three years commencing at the second year step. The reason for this is that in this change of structure certain charges were removed and commencing at the first year step the new charges would not compensate for the removed charges.

 

Reclassifying properties:? ?As stated in the summary classifying properties for rating purposes is clearly defined in the Act. Each property is categorised according to its use and in our Shire they are Farmland, Residential or Business.? The Residential and Business categories are further sub-categorised.

 

The application of charges for services such as water, sewer, stormwater, waste, sewer usage, trade waste etc are affected by a range of issues such as whether the property is residential or commercial; vacant or developed, whether it is in an area serviced by town water and sewer etc. In most cases how we charge for these services is contained in Government issued guidelines and Council is expected to comply with these guidelines, we are also guided in how we cost these services

 

The Council is only permitted to raise sufficient income from these charges to cover the cost of supplying that particular service. Therefore, when Council makes a resolution to vary a particular charge for one section of the ratepayer database in relation to these services the effect is felt by all other ratepayers to whom that charge applies. This is evidenced by the reduction of the sewer access charge for all connected residential ratepayers from $452.00 in 2011-12 to $448.00 in 2012-13 as a result of applying the access charge to dual & multiple occupancy properties in accordance with the guidelines.? Had we not complied with the guidelines the charge would have increased to $489.00.

 

The recommendation for changing the Domestic Waste Management Service Charge for high density non-strata residential properties ie, properties with 6 and more occupancies would result in a reduction of $19,576 in the waste charges levied on the thirteen (13) affected properties (based on the 2012-13 waste costs).? This conversely would result in the base full waste charge on all ratepayers needing to be increased by $2.50 to fund this change in waste pricing.?

 

 

CONSULTATION:

 

Rates Officer

Waste Management Officer

Manager Finance

General Manager

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are no identified Environmental impacts associated with this report.

 

Social

 

The changes to the Sewer and Water Access Charges which have resulted in individual increases and the late issue of the 2012-13 Rate Notice does have an impact on our ratepayers and their means of managing the increases and meeting payment obligations.

 

Economic

 

Any phasing-in of the changes to the Sewer and Water Access Charges will have an impact on ratepayers and Council income as highlighted above.

 

Any change to the pricing for waste charges which results in savings to some ratepayers will lead to increased cost to all other ratepayers who receive a full waste service.

 

Risk

 

Five ratepayers have presented written objections to the increases and as a result a letter was sent to the 60 most impacted of 105 ratepayers who received an increase in charges. Any subsequent change and resulting issues will need to be managed accordingly.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

The increases and decreases in the Water and Sewer funds as a result of the new charges has been accounted for in the 2012-13 budget. The only budgetary impacts that may arise will be a result of any changes that Council may wish to implement, such as phasing-in.

 

Any changes to the pricing of waste service charges are recommended to be effective from 1/7/2013, to avoid any impact on Council income in the current financial year.

 

Source of fund and any variance to working funds

 

This has been identified and will depend on Council?s decision on phasing-in.

 



Attachments:

1View

?- Circularised colour documents for Councillors - spreadsheets (Trim 30541/2012)

0 Pages

??


Ordinary Council Meeting - 29 November 2012

Water and Sewerage Access Charges and Domestic Waste Charges for Multi Residential - 2012/2013

 

 

 

 

 

Placeholder for Attachment 1

 

 

 

Water and Sewerage Access Charges and Domestic Waste Charges for Multi Residential - 2012/2013

 

 

 

Circularised colour documents for Councillors - spreadsheets (Trim 30541/2012)

 

??Pages

 


Ordinary Council Meeting????????????????????????????????????????????????????????????????????????????????????????????? 29 November 2012

General Manager's Report

ITEM 9.8????? SF329????????????? 291112???????? Crosswinds Wetlands Nature Reserve Committee of Management - Minutes of Annual general Meeting - 27 September 2012

 

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

 

Summary:

 

The report acknowledges the Minutes of the Annual General Meeting of the Crosswinds Wetlands Nature reserve Committee of Management and the new Committee.? Copies of the Minutes of this meeting and the Financial Statement are attached.

 

 

Recommendation:

 

That Council endorse the Minutes of the Committee of Management for the Crosswinds Wetlands Nature Reserve?s Annual General Meeting held on 22 September 2011 and thank the Committee for continued good work in the past twelve months.

 

 

 

OPTIONS:

 

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

 

 

DISCUSSION:

 

The Annual General Meeting of the Crosswinds Wetlands Nature Reserve Committee of Management was held on Thursday 22 September 2011.

 

The Committee of Management for 2011/2012 comprises:

 

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

????????? Vice Chairperson???????????? Frank Stennett

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

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

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

????????? Water Spokesman?????????? Nick Schenken

 

CONSULTATION:

 

There was no consultation.

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are no implications for the environment.

 

Social

 

There are no social implications.

 

Economic

There are no economic implications.

 

Risk

 

This report poses no risk to Council.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

There are no financial implications.

 

Source of fund and any variance to working funds

 

There are no implications for working funds.

 

Attachments:

1View

29158/2012 - Minutes of AGM held 27 September 2012

0 Pages

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Ordinary Council Meeting - 29 November 2012

Crosswinds Wetlands Nature Reserve Committee of Management - Minutes of Annual general Meeting - 27 September 2012

 


Ordinary Council Meeting????????????????????????????????????????????????????????????????????????????????????????????? 29 November 2012

General Manager's Report

ITEM 9.9????? PRF49????????????? 291112???????? Water Usage - Macksville Park and Council Facilities Generally

 

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

 

Summary:

 

There is an outstanding water usage account for the Macksville Park of $14,380.23.

 

It would seem there is excessive water consumption at the Park and the reasons need to be identified.

 

 

Recommendation:

 

1.?????? Consistent with historic practice, Council?s General Fund pay the water usage account for Macksville Park of $14,380.23 comprising water usage of $7,112.05 and arrears of $7,268.18.

 

2.?????? That the investigations by the Manager Water and Sewerage to identify the reason/s for the excessive water consumption at Macksville Park be noted and that Councillors be notified of the outcome.

 

3.?????? That a report be submitted to Council on the possibility of Committees of Management, Clubs and other not for profit groups who currently do not pay for water consumption being charged for water consumption.

 

 

OPTIONS:

 

There are no real options.? The water account has to be paid.

 

DISCUSSION:

 

With the lease of the Macksville Memorial Aquatic Centre to the YMCA, Council?s Finance Officer ? Water identified that the water meter for the Aquatic Centre was included on the Council?s assessment for water consumption by Macksville Park.

 

As a consequence the accounts were separated with one account being sent to the YMCA and another account being sent to Council.

 

On 18 September 2012 a water usage account was issued to Nambucca Shire Council for $14,380.23 for water consumption at Macksville Park, comprising $7,268.18 for new water charges and $7,112.05 for arrears.? This process is the same for all other sporting fields which are managed by a Section 355 Committee.? The consumption figures are maintained in a spreadsheet and a payment is made from the General Fund to the Water Fund.

 

A check of the account indicates a very large consumption from two meters being the new amenities and the old clubhouse, which also contains amenities.

 

The consumption over the billing period 1 December 2011 to 5 June 2012 was as follows:

 

New amenities???????????????? 1,832 KL

 

Clubhouse?????????????????????? 1,815 KL

 

Prima facie this seems an extraordinary amount of water, approximately equivalent to 140,000 litres per week, week in week out.? The cost of this water at the then applicable charge of $1.93 per KL was $7,038.71.? Since then the cost of water has increased to $2.46 per KL.

 

There are other meters at Macksville Park which contributed a further 38 KL to the total.

 

A check back through previous billing periods indicates high consumption, although not to this extent.

 

These consumption figures for Macksville Park have been compared with similar Council owned facilities.? For the 12 month period June 11 to June 12, consumption at EJ Biffin Fields was only 48 KL, consumption at Coronation Park was 357 KL and consumption at Donnelly-Welsh Fields was 170 KL.? These are for 12 month periods, not the 6 months identified above for Macksville Park.

 

On 8 October 2012 I met with Ken Capell, Ray Stevens and Bill Richardson who are the Committee of Management for Macksville Park and also Football Club representatives to discuss the water accounts.? It was confirmed that reticulated water had not been used for watering the playing fields.? They also advised that the Football Clubs did not have sufficient funds to pay the account.

 

Council?s Manager Water and Sewerage has now been requested to arrange for staff to read the meter more frequently in association with advice from the Committee of Management about usage, to try and identify the reason/s for the excessive consumption.

 

In the past all of the water consumption charges for Council parks have been met by the General Fund.? This has equated to a cost of approximately $20,000.? As the real value of water has significantly increased, it is suggested that a better policy would be for water consumption to be considered the same as electricity.? That is an operating cost which should be funded by Committees of Management and in turn by the users of the sporting facility.? Balanced against this is the cost of installing any new meters which may be required to measure water consumption.

 

A user pay approach will certainly ensure a closer scrutiny of water consumption than the current arrangement whereby there is no monetary incentive to conserve water.? The Surf Life Saving Clubs have also had an ?arrangement? whereby they have not been billed for water and should similarly have to consider managing their water consumption.?

 

It is always open for Council to consider providing donations to Committees of Management or Surf Life Saving Clubs to support their operations including the use of water.? However the cost of water should be considered by those groups in their operations.

 

CONSULTATION:

 

There has been consultation with the Macksville Park Committee of Management; Council?s Manager Water and Sewerage; Council?s Rates Officer and Council?s Finance Officer ? Revenue.

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

It is important that all of Council?s facilities pursue water conservation for sustainability and environmental reasons.

 

Social

 

There are no significant social implications.

 

Economic

 

There are no significant economic implications.

 

Risk

 

There are risks associated with a lack of monitoring of water consumption at Council?s reserves.? The situation at Macksville Park was discovered when the Aquatic Centre was provided with its own water meter.

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

The cost of the water will need to be met from the Parks and Reserves maintenance budget.

 

Source of fund and any variance to working funds

 

There may be an impact on working funds, depending upon other expenditure in the Parks and Reserves maintenance budget.

 

Attachments:

There are no attachments for this report.


Ordinary Council Meeting????????????????????????????????????????????????????????????????????????????????????????????? 29 November 2012

General Manager's Report

ITEM 9.10??? SF430????????????? 291112???????? Draft Flying Fox Plan of Management, Grassy Park, Bowraville

 

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

 

Summary:

 

As part of the approved on-ground works program under the Our Living Coast Project, $40,000 was devoted to the Grassy Park Reserve Flying Fox camp for a Plan of Management and extensive rehabilitation works for both the camp area and the surrounding native vegetation including extensive bank stabilisation. GeoLink was the preferred consultant to undertake the study, as they had extensive experience in preparing plans of management for flying fox camps in NSW. The draft Flying Fox Plan of Management was placed on public exhibition between 22 March and 27 April 2012.

 

At Council?s meeting on the 13 June 2012, it was resolved:

 

1????????? That Council advise the affected residents that submissions of alternate suggestions for the proposed Flying Fox Plan of Management should be with Council by 16 July 2012.

 

2????????? Further, that residents may continue to submit submissions to amend the Flying Fox Plan of Management after that date provided that all proposals are within the relevant legislative framework and that Council will agree to review the adopted Plan following their receipt.

 

3????????? That Council write as a matter of urgency to the Deputy Premier and the appropriate Minister asking whether there are any other appropriate alternatives which could be included in a Plan of Management if and when adopted.

 

A further report was presented to Council?s meeting on 26 July 2012 and it was resolved:

 

1????????? That the matter be deferred to an onsite inspection at Bowraville, specifically to look at trees, the species and where they have been planted.

 

2????????? That the State Government be asked to develop a State wide policy to address the issue of flying foxes in NSW and in particular their impact on urban communities.

 

On the 15 August 2012 an onsite meeting was conducted by all available Councillors, concerned residents of Bowraville, Council staff, Landcare staff and a representative of GeoLink. At the meeting it was resolved:

 

1.???????? That following the inspection on 15 August 2012 there be a further report to Council which considers all suggestions put forward at the inspection and responses from residents.

 

At Council's meeting on the 10 October 2012, it was further resolved:

 

1??????? That the Plan of Management be modified to reflect the fact that the buffer zone is not intended to provide flying fox roosting habitat and as such any vegetation that attracts roosting flying fox will be removed.

 

2??????? That subject to the Office of Environment and Heritage providing written endorsement of the interpretation of the Plan of Management as reflected in (1) above, the Plan of Management be reconsidered.

 

Advice has now been received from the Office Environment and Heritage in regards to Item 1 above (10/10/2012) endorsing the removal of vegetation if found to attract flying fox.

 

 


 

Recommendation:

 

That the Flying Fox Plan of Management for Grassy Park, Bowraville be amended on page 76 in Zone 3b to include ?if any vegetation in the buffer zone is found to attract flying foxes then the vegetation will be removed and replaced with an alternative non-Flying Fox attracting species that will help inhibit weed growth? and the Plan of Management be endorsed.

 

 

OPTIONS:

 

That the Flying Fox Plan of Management for Grassy Park, Bowraville not be endorsed

 

 

DISCUSSION:

 

As part of the 10 October 2012 resolutions of Council, Jon Keats, Manager Biodiversity Management Unit - North East, Regional Operations Group, Office of Environment and Heritage has sent an email attached detailing that OEH is satisfied that the intent of the management of the buffer zone is to provide a visual buffer for adjacent residents and as such not to provide flying fox roost habitat. The email further agrees with part 1 of the resolution (That the Plan of Management be modified to reflect the fact that the buffer zone is not intended to provide flying fox roosting habitat and as such any vegetation that attracts roosting flying fox will be removed.) and states that if any vegetation in the buffer zone is found to attract flying foxes then the vegetation can be removed providing it is replaced with an alternative non-Flying Fox attracting species that will help inhibit weed growth.

 

Therefore in line with part 1 of the Council resolution of 10 October 2012, the Vegetation Management Plan will be amended on page 76, Zone 3b under recommendations in the last dot point to read:

 

??????????? if any vegetation in the buffer zone is found to attract flying foxes then the vegetation will be removed and replaced with an alternative non-Flying Fox attracting species that will help inhibit weed growth.

 

 

CONSULTATION:

 

Mayor and all Councillors

Director Environment and Planning

General Manager

GeoLink

Nambucca Valley Landcare Inc

Coffs Harbour City Council

Bellingen Shire Council

Billy Roberts (Flying Fox specialist)

Office Environment and Heritage

The community of Bowraville

 

SUSTAINABILITY ASSESSMENT:

 

Environment

Grassy Park houses a Flying Fox Camp, more than likely due to its proximity to the limited food supply in the surrounding areas and perhaps the lights of the adjoining residential area.? Managing the camp within all relevant legislation is difficult due to the many requirements and restrictions that apply.

 

Social

The intent of the works done and planned is to alleviate the difficulties of living near a large camp. The PoM helps set out the works to be done.

 

Economic

If the conflict between the residents and the camp is not alleviated, then there is potential for economic loss.

 

Risk

Council is faced with irreconcilable conflict between the requirements of the current legislation and the views of many of its residents.

 

Council is also faced with a financial risk if it resolves not to endorse the PoM with the funding authority withdrawing its funding for the PoM, requiring Council to fund the Plan from its own resources.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

Any variation for the PoM will be from the environmental levy

 

Source of fund and any variance to working funds

 

Grant funding will be identified into the future for the life of the PoM.

Attachments:

1View

29219/2012 - OHE response in relation to intent of Flying Fox management at Grassy Park, Bowraville

0 Pages

??


Ordinary Council Meeting - 29 November 2012

Draft Flying Fox Plan of Management, Grassy Park, Bowraville

 


Ordinary Council Meeting????????????????????????????????????????????????????????????????????????????????????????????? 29 November 2012

General Manager's Report

ITEM 9.11??? SF29??????????????? 291112???????? Clarence Regional Library - Distribution of the Assets and Liabilities Pertaining to the Agreement which Lapsed on 1 November 2011

 

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

 

Summary:

 

Clarence Valley Council has provided Nambucca Shire Council with a proposal for the final settlement of the Clarence Regional Library Service Agreement which lapsed on 1 November 2011.

 

The reconciliation provided to this Council is unsatisfactory in a number of respects.?

 

In the circumstances, the Council should once more request a meeting with Clarence Valley Council to discuss the matters in contention.? If a meeting is not agreed to then Council should then consider the appointment of an arbitrator in accordance with Clause 11 of the Agreement.? As Bellingen Shire Council was a party to the agreement it should also be notified of this Council?s action.

 

 

Recommendation:

 

1??????? That representatives of Clarence Valley Council be requested to participate in a meeting with representatives of Nambucca Shire Council to discuss the distribution of the assets and liabilities of the Clarence Regional Library pertaining to the agreement which lapsed on 1 November 2011.

 

2??????? That Bellingen Shire Council be advised of Council?s resolution and this report.

 

 

OPTIONS:

 

Council has the option of accepting the offer which has been put forward.

 

 

DISCUSSION:

 

Nambucca Shire Council entered into an agreement with Clarence Valley Council and Bellingen Shire Council for the provision of a regional library service.? The agreement was for a 5 year period ending 1 November 2011.? This Council expressed its concern about repeated 10% per annum increases in the contribution to the Regional Library on many occasions.? On 4 November 2011 a report to the Clarence Regional Library Advisory Committee indicated that whilst it had been imposing these contribution increases which were well in excess of rate pegging, it had an accumulated reserve of $642,304 as at 2010/11.? The explanation provided by Clarence Valley Council for the reserve was as follows:

 

?An analysis was undertaken by the Finance Section which revealed that the majority of unspent funds accrued as a result of vacant positions and commitments against the book vote which were not realised due to supply reasons as well as the lower staff levels.? In addition to this, other forms of income such as user charges were larger than expected.? While those amounts are not large, collectively they contribute to a growing reserve due to interest accumulated.?

 

As a consequence in November 2011 this Council resolved not to enter into a new agreement for the provision of a regional library service and to request a distribution of net assets back to this Council as per Schedule 3 of the 2006 agreement.? This decision was communicated to Clarence Valley Council on 7 November 2011.

 

The agreement which Council entered into on 1 November 2006 plainly states the process to be followed upon termination of the agreement.

 

?6.3??? Upon the termination of this Agreement, a proportion of the assets identified in the asset register shall be distributed to the Delegating Councils.? The method for determining the asset distribution to each Delegating Council is specified in Schedule 3 to this Agreement.

 

Schedule 3 provides as follows:

?Schedule 3

 

Distribution of Assets

 

Upon termination of this Agreement the net assets, after payment of all liabilities, shall be apportioned among Clarence Valley Council and the Delegating Councils in the ratio of the respective contributions paid by them over the immediately preceding three years of current life of the Agreement (whichever is the longer) to the total of all contributions paid by them over that period.?

 

On 31 October 2012 Council received the attached letter from Clarence Valley Council proposing that $82,095 (excluding GST) be paid to Nambucca Shire Council as final settlement.

 

A meeting was then sought to discuss the settlement offer and an email exchange indicating the different positions is a confidential attachment.

 

The reconciliation provided to this Council is unsatisfactory in a number of respects.?

 

The agreement which existed between the three Councils ended.

 

There were three parties to the agreement but the "reconciliation" only relates to one party being Nambucca Shire Council.? For example, Clarence Valley Council seeks to attribute a redundancy to Nambucca Shire Council's withdrawal but with the cessation of the agreement, any redundancy costs directly attributable to the agreement have to spread across the three parties.

 

There is no information as to what liabilities the other parties bear.? Further there is no information in relation to the organisation structure or the position made redundant or any explanation as to why a redundancy was required when a substantial reserve had been accumulated as a consequence of funding vacant positions which were presumably part of an adopted organisation structure.

 

Nambucca Shire Council did not withdraw from the Service nor terminate its obligations under the Agreement.? It simply did not enter into a new agreement when the existing agreement lapsed on 1 November 2011.

 

As indicated in the confidential attachment, the position which has been put to Clarence Valley Council is that the settlement should be determined in accordance with the Clarence Regional Library Service Agreement.

 

Clause 11 of the Agreement relates to Dispute Resolution and provides as follows:

 

11.???? Dispute Resolution

 

11.1?? If a dispute arises out of or relates to this Agreement, or a breach, termination, validity or subject matter thereof, the parties to the Agreement shall use their best endeavours to resolve the dispute between themselves.

 

11.2?? In the event that the dispute cannot be resolved in this manner, the parties agree to submit the dispute to arbitration on the request of any party to the Agreement.? The arbitrator shall be appointed by the Library Council of NSW and all costs associated with the arbitration (other than the costs that are personal to the parties), including the arbitrator?s fees, shall be borne equally by the parties to the dispute.

 

11.3?? The decision of the arbitrator shall be final and binding on all parties to this Agreement.

 

So far this Council has attempted to arrange, in good faith, a meeting to discuss the matters in contention.? However as indicated in the confidential attachment, a suggested meeting to discuss the matters has been rebuffed.

 

In the circumstances, the Council should once more request a meeting with Clarence Valley Council to discuss the matters in contention.? If a meeting is not agreed to then Council should then consider the appointment of an arbitrator in accordance with Clause 11 of the Agreement.? As Bellingen Shire Council was a party to the agreement it should also be notified of this Council?s action.

 

 

CONSULTATION:

 

There has been consultation with Clarence Valley Council.

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are no implications for the environment.

 

Social

 

There are no social implications.

 

Economic

 

There are no economic implications.

 

Risk

 

A determination of the distribution of assets and liabilities by arbitration will cost all parties.? The potential findings by an arbitrator are unknown. ?It is possible Council?s settlement offer could be reduced.

 

However a meeting conducted in good faith to discuss the matters in contention should avoid the need for arbitration.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

The development of a ?stand alone? library service for the Nambucca Valley was relying on the distribution of Council?s net assets held by the Clarence Regional Library.

 

Source of fund and any variance to working funds

 

At this stage there is no impact on working funds.

 

Attachments:

1View

28562/2012 - Calculations and explanatory notes for payment of final settlement

0 Pages

2

30676/2012 - Confidential Attachment - Response re Nambucca Shire Council settlement of Clarence Regional Library agreement

0 Pages

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Ordinary Council Meeting - 29 November 2012

Clarence Regional Library - Distribution of the Assets and Liabilities Pertaining to the Agreement which Lapsed on 1 November 2011

 






?


Ordinary Council Meeting????????????????????????????????????????????????????????????????????????????????????????????? 29 November 2012

Assistant General Manager Corporate and Community Services Report

ITEM 10.1??? SF1719??????????? 291112???????? Nambucca Shire Council Access Committee Meeting - 23 October 2012 - Report

 

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

 

Summary:

 

The minutes of the Nambucca Shire Council Access Committee meeting held 23 October 2012 are attached for Council?s information and endorsement.? There is 1 recommendation for Council?s attention as follows:

 

RECOMMENDATION:? (HOLMES/SMYTH)

 

That a letter of support be provided for an application to the Roads and Maritime Services for construction of items identified as the next priorities in the Pedestrian Access Management Plan (PAMP).

 

 

 

Recommendation:

 

1.???????? That a letter of support be provided for an application to the Roads and Maritime Services for construction of items identified as the next priorities in the Pedestrian Access Management Plan (PAMP).

 

2.???????? That the minutes of the Access Committee meeting held 23 October 2012 be endorsed.?

 

 

 

OPTIONS:

 

 

1??????? Endorse the minutes and their recommendations

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

3??????? Endorse the minutes with revised recommendations

 

 

DISCUSSION:

 

The Pedestrian Access Management Plan (PAMP) was developed in 2010 to assist Council to meet the current and future needs of pedestrians within the Central Business Districts of Bowraville, Nambucca Heads and Macksville.? A furniture audit and recommendations for improvements were also included.? The Access Committee had an active interest in the development of the plan and now its implementation.?

 

NSW Roads and Maritime Services have recently announced the availability of grants for projects indentified within Council PAMPs.? The Committee is requesting that a letter of support be submitted on their behalf to support an application, particularly given that the need for footpath improvements is raised at almost every monthly meeting.? The PAMPs next priorities are improvements to footpaths in River Street (west) and a new footpath at the corner of Partridge and Star Streets, Macksville.?

 

CONSULTATION:

 

Grants Officer

Manager Technical Services

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are no issues identified.

 

Social

 

There are no issues identified.

 

Economic

 

There are no issues identified.

 

Risk

 

The Committee wishes to promote proactive risk management by identifying potential problems and bringing them forward for appropriate action.? Footpaths are always a source of risks and the Access Committee promotes lowering of risk of trips and falls through footpath improvements.

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

Should any funding be required for the application to Roads and Maritime Services for the PAMP projects, this would be subject to usual budget processes and constraints.?

 

Source of fund and any variance to working funds

 

Nothing required.?

 

 

Attachments:

1View

27733/2012 - Minutes - Access Committee - 23 October 2012

0 Pages

??


Ordinary Council Meeting - 29 November 2012

Nambucca Shire Council Access Committee Meeting - 23 October 2012 - Report

 

PRESENT

 

Cr E South (Chairperson)

Ms Alba Sky

Cr A Smyth

Mrs Shirley Holmes

Mr Peter Shales

Ms Margaret Hutchinson

Ms Coral Hutchinson

Mr Les Small

Mr Keith Davis

Mr Ron Monk

 

 

APOLOGIES

 

Ms Fiona Henwood

Dr Dorothy Secomb

Ms Lee-anne Funnell

 

 

 

Assistant General Manager Corporate and Community Services Report

ITEM 3.1????? SF1719????????????? 231012????? Confirmation of the Minutes of the Previous Meeting held 25 September 2012

RESOLVED:? (SMYTH/DAVIS)

 

That the Committee confirm the minutes of the meeting held 25 September 2012.

 

 

 

ITEM 3.2????? SF1719????????????? 231012????? Report on Business Arising from the Previous Meeting held 25 September 2012

resolved:? (smyth/davis)

 

That the matters arising from previous minutes be noted.

 

 

 

ITEM 3.3????? SF1719????????????? 231012????? Report on Correspondence to Access Committee meeting 23 October 2012

ReSOLVED:? (HOLMES/SOUTH)

 

That the correspondence out be noted.

 

 


 

ITEM 3.4????? SF1719????????????? 231012????? Report on General Business to Access Committee meeting 23 October 2012

ReSOLVED:? ((hutchinson/holmes)

 

That the Committee thank Mr Monk, Technical Officer (Assets) for his report on the Fall Zero workshop, noting the common issues for local government which were discussed; and that there be further discussion at future meetings on identifying key locations of good access eg a bus stop or gutter crossing, which can be used as a guide or model.

 

Mr Monk left the meeting following this item.

 

RESOLVED:? (HOLMES/SOUTH)

 

That the report from Mr Keith Davis, following his attendance at the National Disability Insurance Scheme workshop be noted.?

 

RECOMMENDATION:? (HOLMES/SMYTH)

 

That a letter of support be provided for an application to the Roads and Maritime Services for construction items identified as the next priorities in the Pedestrian Access Management Plan (PAMP).?

 

The following matters were also noted without a formal motion:

 

1.? Footpaths between Newville and Nambucca Heads ? a report is being prepared on all footpaths regarding condition and the works program;

2.? Toilets ? numerous issues, lack of disability toilet at Gordon Park;

3.? Nambucca Valley Phoenix have an order for 400 food standard ceramic bowls each individually painted, due to be shipped to an outlet in Sydney.? This resulted from attendance at the Accessible Arts forum discussed at the Access Committee earlier in the year.? More orders may follow.?

 

 


???

NEXT MEETING DATE

 

The next meeting (and final for the year) will be held on 27 November 2012 commencing at 2.00 pm.?

 

Note:? Shirley Holmes will be an apology.

 

 

CLOSURE

 

There being no further business the Chairperson then closed the meeting the time being 3.17 pm.?

 

 

 

 

 

CR ELAINE SOUTH

(CHAIRPERSON)

 

 

 


Ordinary Council Meeting????????????????????????????????????????????????????????????????????????????????????????????? 29 November 2012

Assistant General Manager Corporate and Community Services Report

ITEM 10.2??? SF1709??????????? 291112???????? DA's and CDC's Received and Determined Under Delegated Authority from 5-16 November 2012

 

AUTHOR/ENQUIRIES:???? Lorraine Hemsworth, Business Service Coordinator ????????

 

Summary:

 

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

 

 

Recommendation:

 

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

 

 

DEVELOPMENT APPLICATIONS RECEIVED FROM 5-16 November 2012

 

DA Number

Application Date

Applicant/Owner

Development

Address

Estimated Value

2012/141

12/11/2012

Yarra Steel for Mr D Lawrence

Carport

Lot 30 DP 245574, 11 Waugh Avenue, Nambucca Heads

4,995

2012/142

15/11/2012

Coral Homes for Mr M & Mrs C Dwyer

Dwelling-House

Lot 4 DP 1070974, 128 Main Street, Eungai Creek

262,152

2012/143

16/11/2012

Terry and Karen James

Dwelling-House

Lot 1 DP 612024, 9 Schuppe Drive, Congarinni North

280,000

 

 

COMPLYING DEVELOPMENT APPLICATIONS RECEIVED

FROM 5-16 November 2012

Including those issued by Private Certifiers

 

DA Number

Application Date

Applicant/Owner

Development

Address

Estimated Value

 

 

 

 

 

 

 

 

 

 

 

 

 


DEVELOPMENT APPLICATIONS/COMPLYING DEVELOPMENTS AND MODIFICATIONS DETERMINED UNDER DELEGATED AUTHORITY FROM 5-16 November 2012

 

CONSENT/ DA

PROPERTY DESCRIPTION

DEVELOPMENT DETERMINED

EST VALUE $

2012/116

Lot 67 DP 228703, 5 Dolphin Place, Valla Beach

Dwelling Additions

40,000

2012/117

Lot 1 DP 1105318, 7 Sharwill Drive, Valla

Dwelling-House

150,000

2012/128

Lot 702 DP 617701, 422 Congarinni Road, Congarinni

Dwelling Alterations & Additions

125,000

2012/131

Lot 4 DP 1149595, 137 Pearl Circuit, Valla

Shed

33,500

2012/105

Lot 5 DP 250789, 20 Charlton Street, Nambucca Heads

Dwelling Additions

70,000

2012/123

Lot 1 DP 1126093, Short Street, Scotts Head

Storeroom additions to clubhouse

25,000

2012/004/01

Lot 1 SP 76307, 1 Marshall Way, Nambucca Heads

Extension to Medical Centre Modification

200,000

2004/250/01

Lot 11 DP 1071503, Uriti Road, North Macksville

Subdivision into 15 Residential Lots ? in 15 Stages Modification

0

2012/065

Lot 83 DP 1099538, 34 Seaforth Drive, Valla Beach

Dual Occupancy & Subdivision

515,000

 

 

 

 

 

 

 

 

Attachments:

There are no attachments for this report.


Ordinary Council Meeting????????????????????????????????????????????????????????????????????????????????????????????? 29 November 2012

Assistant General Manager Corporate and Community Services Report

ITEM 10.3??? SF1709??????????? 291112???????? Outstanding DA's greater than 12 months, applications where submissions received not determined to 16 November 2012

 

AUTHOR/ENQUIRIES:???? Lorraine Hemsworth, Business Service Coordinator ????????

 

Summary:

 

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

 

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

 

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

 

 

Recommendation:

 

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

 

 

 

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

 

DA NO

DATE OF RECEIPT

PROPOSAL

PROPERTY DESCRIPTION

SUBMISSIONS RECEIVED/
STAFF COMMENTS

 

 

 

 

 

 

Please note that there are no unresolved Development Applications in Excess of 12 months old.

 

 

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

 

DA NO

DATE OF RECEIPT

PROPOSAL

PROPERTY DESCRIPTION

SUBMISSIONS RECEIVED/
STAFF COMMENTS

2012/011

03/02/2012

Nambucca Gardens Estate 346 Lot Residential Subdivision with Residue, Associated Works ? Staged

Lot 2 DP 1119830, Alexandra Drive, Bellwood

? Submissions outlined in previous report to Council 27 September 2012 ? Item 10.1

????? Further information required from applicant before matter may be processed

????? See item in Business Paper

2012/111

10/09/2012

Telecommunications facility

Lot 1 DP 805735, 36 McKay Street, Macksville

???? No objection to establishment of tower

???? Concern of potential health side effects

???? Close proximity to School

???? Visual impact creating eye sore

???? Minimal consultation with residents

???? Timing coincided with School holidays thus not allowing sufficient time for responses

???? Incorrect zoning listed

???? Plan showed fields not actual homes, offices and school

???? Regulatory Body standards from 1997 ? lot has changed in meantime

???? Where is latest EMF research

 

Submissions closed: 12 October 2012

Total submissions received:? 5

Application being assessed

 

2 Late submissions received

????? Risking lives of people especially children

????? Contradiction to Council?s responsibility to provide safe and clean living environment for residence

????? Emissions will have great adverse impact on so many lives

????? Constant flashing red light that the tower will have mounted on top ? trigger for people who suffer from seizures

2012/108

07/09/2012

Residential Flat Building and Serviced Apartments (22)

Lot 1 DP 1016126, 4 Frazer Street, Nambucca Heads

????? Daylight Access ? shadowing

????? Visual privacy

????? Set backs

????? Building separation

????? Energy efficiency

 

Submissions close: 19 October 2012

Total submissions received:? 8

Still being processed by Manager

 

????? Access from public road

????? Shadowing on South side

????? Exit of cars ? south side

????? Building to big for land area

????? Overload on Council infrastructure eg water and sewerage

????? Loose of view of north and north east

????? Danger hazard at crest at Woolworths

????? Scale down and to be aesthetically as well as in line with the slope of the block

????? Noise issue in Nelson Street with influx of cars as they will be using this street

????? Noise from roller doors adjacent to windows

????? Length of time to build

????? Overlooked balconies/roof top terraces

????? Creation of damp problems due to shade during Winter

????? Shadows will be larger than shown on plans

????? Where will be the placement of garbage bins

????? Size of building

????? Room for car spaces

????? Waste management collection ? no room for 22 wheeled bins

????? Rear setbacks

????? Building separation

????? Building footprint

????? Visual privacy

????? Daylight access

????? Energy efficiency

????? Height

????? Streetscape and Open space

????? Acoustic Privacy

?????

Update:? 5/11/2012

Matters have been discussed with proponents and Planning Consultant

Once matters have been further addressed the application maybe processed

16/11/2012 ? Met with Architect to resolve areas of impact

2012/109

07/09/2012

2 Lot Subdivision for School Site and Residue

Lots 102 & 104 DP 1164163, Upper Warrell Creek Road, Macksville

????? Lack of information provided to Council and lack of supervision by Council

????? Not complied with Acceptable Environmental Standards

????? Lack of soil and sediment control may have pollutant discharge into waterways

????? Land cut and filled not corresponding to information supplied

????? More than 1m above natural land formation and neighbours property

????? Change of existing marshlands

????? Concerns of what developer has done and potential environmental damage

????? Unstable landfill

????? No retaining walls or adequate drainage

????? Inadequate drainage and no prevention of run-off of contaminated water

????? Natural watercourse will be changed

 

Submissions closed: 8 October 2012

Total submissions received to date:? 2

Update: 5/11/2012

Impacts have been minimised.? Controls in place.? Planning Consultants preparing response to address.

2012/132

22/10/2012

Ethanol Storage and Internal Alterations to Industrial Building

Lot 38 DP 731287, 8 Binalong Way, Macksville

????? Limited information provided and fire suppressions system required for work with Ethanol

????? Require review of combined volume of tanks

????? Ongoing issue with excavated boundary

????? Require relocation of retaining wall

????? Retaining wall works need to be completed prior to development

????? Permanent onsite ? is there a distance from these tanks required?

 

Submissions close: 14 November 2012

Total submissions received:? 1

Application to be assessed

 

 

 

Attachments:

There are no attachments for this report. ?


Ordinary Council Meeting????????????????????????????????????????????????????????????????????????????????????????????? 29 November 2012

Assistant General Manager Corporate and Community Services Report

ITEM 10.4??? SF1709??????????? 291112???????? DEP Applications and Statistical Reports 2011-2012, And Certificates Received 2010-2012 (October 2012)

 

AUTHOR/ENQUIRIES:???? Lorraine Hemsworth, Business Service Coordinator ????????

 

Summary:

 

Environment and Planning Department Development Application statistics for the calendar year 2012 compared with 2011 and Certificate Applications/Drainage Diagrams/Outstanding Notice Applications received and determined are provided in the body of the report.

 

 

Recommendation:

 

1????????? That Council note development application statistics and processing times for 2012 compared with 2011.

 

2????????? That Council note the statistical information for Applications and Certificates received and released by Council for 2010-2012.

 

 

Development Application Statistics

 

The figures show a -1.69% decrease in the number of DA?s received to October 2012 with construction costs increasing by 21.35% compared to the same period in 2011. The total number of DA?s/CD?s approved for the month of October was 13 plus 2 modifications.

 

 

DA?S AND COMPLYING DEVELOPMENT

 

Construction Costs

No Applications Received

Applications Approved (DA & CD)

Jan-October 2011

26,052,985

180

175

Jan-October 2012

33,126,481

177

131

 

 

FINANCIAL:

 

Direct and indirect impact on current and future budgets

 

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

 

Source of fund and any variance to working funds

 

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


 

TURNAROUND TIMES FOR DEVELOPMENT APPLICATIONS 2012

Month

Mean Time

Median

#Average age of DA?s (Days)

Average

Highest

Lowest

January

41.20

42

79.20

202

42

February

51.53

29

86.00

189**

15

March

39.21

31

39.88

112

15

April

42.45

41

53.00

115

21

May

38.79

30

42.5

97

2

June

41.06

29

49.5

244

7

July

37.16

23

86.90

677

3

August

24.7

28

36.4

65

21

September

70.92

29

90.36

242

5

October

43.91

28

45.27

141

12

November

 

 

 

 

 

December

 

 

 

 

 

 

#Average age of DA?s

 

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

 

** The clock was not ?stopped? on this application as Council was waiting for referrals from the RTA.


COMPLYING DEVELOPMENTS RECEIVED

 

YEAR

Jan

Feb

Mar

Apr

May

June

July

Aug

Sept

Oct

Nov

Dec

Total

2010 Private Cert

3

6

6

3

4

0

12

1

2

1

1

0

39

2010 Council

3

6

2

1

2

1

9

3

1

2

2

0

32

2011 Private Cert

1

0

3

7

4

4

3

1

7

6

3

1

40

2011 Council

2

2

0

1

0

1

1

0

2

0

2

1

12

2012 Private Cert

2

4

6

3

5

2

0

5

1

4

 

 

32

2012 Council

0

1

1

0

2

0

0

1

2

2

 

 

9

 

 

CONSTRUCTION CERTIFICATES RELEASED

 

YEAR

Jan

Feb

Mar

Apr

May

June

July

Aug

Sept

Oct

Nov

Dec

Total

2011 Private Cert

2

9

6

4

6

5

2

4

8

5

6

6

63

2011 Council

8

8

8

7

14

9

6

8

8

4

5

5

90

2012 Private Cert

3

3

3

1

8

1

5

5

2

4

 

 

35

2012 Council

3

3

3

4

9

5

6

9

4

6

 

 

52

 

 

 

CONVEYANCING CERTIFICATES ISSUED

 

YTD (September)

Drainage Diagrams

Section 149 Certs

Outstanding Notices

2010

167

511

106

2011

224

482

83

2012

224

483

106

 

 

 

OCCUPATION CERTIFICATES RELEASED (including Interim Occupation Certificates)

 

YEAR

Jan

Feb

Mar

Apr

May

June

July

Aug

Sept

Oct

Nov

Dec

TOTAL

Average/
Month

Private
2010

4

4

12

2

7

2

4

5

7

1

3

4

55

4.58

Council
2010

10

14

9

12

11

7

11

7

6

3

2

7

99

8.25

Private
2011

9

6

11

0

5

12

3

10

9

7

4

10

86

7.16

Council
2011

6

22

15

5

10

11

12

15

6

9

8

9

128

10.66

Private
2012

4

7

7

4

5

5

2

5

10

3

 

 

52

5.21

Council
2012

18

14

10

10

29

4

7

9

11

8

 

 

120

12.00


Attachments:

There are no attachments for this report.


Ordinary Council Meeting????????????????????????????????????????????????????????????????????????????????????????????? 29 November 2012

Assistant General Manager Corporate and Community Services Report

ITEM 10.5??? SF134????????????? 291112???????? Annual Report 2011-2012

 

AUTHOR/ENQUIRIES:???? Greg Meyers, Assistant General Manager - Corporate and Community Services ????????

 

Summary:

 

In accordance with the Local Government Act 1993, Council is required to prepare an annual report within 5 months of the end of each year. The annual report must address the Council?s actual performance against its original projected performance of its principal activities outlined in its adopted Management Plan.

 

The report covers the period 1 July 2011 to 30 June 2012.

 

A copy of the Annual Report is to be posted on Council?s website and a copy provided to the Minister for Local Government. The Annual Report must have annexed to it, the Audited Statements and State of the Environment Report for the same period.

 

The Audited Statements have been completed and will be publicly presented to Council by its Auditor?s at its 12 December 2012 meeting. The State of the Environment Report (Regional) is presented to Council in the General Managers reports.

 

 

Recommendation:

 

That Council note the completion of the 2011/2012 Annual Report, and that the 20111/2012 Annual Report will be placed on Council?s website and advice be forwarded to the Minister for Local Government as required.

 

 

OPTIONS:

 

There no options as Council must place the Annual Report on its website and advise the Minister by 30 November 2012.

 

 

DISCUSSION:

 

Council must prepare it?s Annual Report within 5 months of the end of the financial year and advise the Minister for Local Government. The report is to include as an annexure, the Audited Statements and State of the Environment Report.

 

Council has previously received and endorsed its performance against the Management Plan for the 12 month period concluding on 30 June 2012 at its meeting held on 30 August 2012. The Annual Report is required to include a range of specified information and data which has now been included.

 

The Annual Report has now been completed in accordance with the Act, and will be placed on Council?s website and advice extended to the Minister for Local Government by 30 November 2012.

 

This is the last Annual Report under the former reporting requirements with next year?s Annual Report being in accordance with the Integrated Planning and Reporting legislation.

 

The preparation of this years report has been achieved through very difficult and trying circumstances due to the implementation of the new Organisational Structure, redundancies, key positions not recruited and critical staff on leave. A big thankyou however goes to the Business Services staff and the cooperation of other Responsible Officers within the organisation who have all contributed to the finalisation of the document.

 

What is very pleasing also, is the completion of the annual statements and audit within the required timeframes and much credit goes to the Finance Department achieving this result and the very positive comments from our Auditor?s.

 

Copies of the Annual Report will be distributed to councillors either prior to or at the meeting on 29 November 2012.

 

Council did discuss previously the preparation of a summary of the Annual Report and this be presented to Council. To further summarise the Annual Report does come with its difficulties to maintain an accurate snapshot of its achievements for the preceding year as the Annual Report itself is already a summary.

 

Notwithstanding, the Forward prepared by the General Manager does provide an excellent overview and is reproduced below.

 

Foreword

Our Finances

 

In 2011-2012, Council?s general rates increased by 2.8% being the allowable rate pegging increase.? This was one factor in contributing to a difficult budget.? Other factors were the depressed property market, costing shifting from the State Government, including a 35% increase in the funding sought by the Rural Fire Service, as well as significant increases in electricity costs. Minister for Local Government approved Council?s application for a 3.6% increase in general rates.

 

Due to savings at Council?s Waste Depot, the domestic waste annual charge of $438 remained unchanged for the third successive year.

 

The detailed design of the Bowraville Off River Water Storage continued with $1m in funding being provided by the Commonwealth Government?s National Water Security Program.

 

The household water access charge increased from $73 to $88 and the water consumption charge increased from $1.49 per kilolitre to $1.93.

 

The annual budget forecast a deficit of $48,100 in Council?s general operations.? This was achieved only after numerous budget cuts as well as deferring a host of expenditure items including machinery replacement.? The staffing of Council?s general operations was reduced with the loss of 2 full time positions and 1 part time position.

 

The audited end of year result indicated the Council?s general operations in fact achieved a surplus of $529,075 with the major savings being in staff positions not being replaced or delays in filling positions ($355,000), savings in street lighting ($72,000), road and bridge maintenance ($70,000), Waste Depot maintenance ($64,000), health inspection expenses and revenue ($64,000), insurance premiums and rebates ($62,000) to name the most significant.

 

All of the Council?s funds (general, water and sewerage) have liquid equity in excess of minimum requirements and Council has capacity to manage its day to day demands for cash as well as short term contingencies.

 

Comparative data published by the NSW Division of Local Government indicates that in most key performance indicators the Council is performing at or better than average compared to other Councils on the Mid North Coast.

 

In particular a concerted effort over the past 10 years to renew failing roads and bridges resulted in the Council achieving an asset renewal ratio at the start of the financial year of 83.57%.? A ratio of 100% means that the renewal of assets equals the amount of depreciation, amortisation and impairment.

 

Whilst the ratio indicates that the Council is still not renewing its assets at a sufficient rate, such is the state of local government in NSW that the average ratio on the Mid North Coast was 46% with the lowest ratio being 11.63% and with Nambucca Shire Council having the highest ratio at 83.57%.

 

Our Infrastructure Delivery

 

In 2011/2012 Council completed its largest ever infrastructure contract, being the upgrading of the Nambucca Heads sewerage system from a capacity of 10,000 persons to 15,000 persons.? The $17.5m contract with Monadelphous Engineering Pty Ltd with project management by NSW Public Works has been delivered on budget.

 

Council also continued the planning for the Bowraville Off River Water Storage and tenders for the construction of the project were determined on 28 June 2012.

 

Haslin Constructions Pty Ltd were awarded the contract for the construction of the dam and its access road with Ledonne Construction Pty Ltd being awarded the contract for the 2 additional bores, a collection tank, pumping station and 2,000m of 500mm pipeline to the dam.

 

The $36m construction cost is being met by the State Government ($14.8m), the Federal Government ($9m) and ratepayers ($12.2m).? The success in attracting this level of grant funding is due to lobbying by Council, its local State and Federal Members and also Mr Paul Sekfy.

 

Council?s bridge staff undertook the construction and repair of a number of bridges, the most significant being the replacement of John?s Bridge on the Missabotti Road.

 

Our Environment

 

The decision to proceed with the Bowraville Off River Water Storage will have lasting benefits for the Nambucca River.? Council now knows that there is a direct connection between the flow in the river and the level of water in the groundwater acquifer and therefore any extraction from the groundwater bores impacts on the flow of water in the river.

 

Currently there is no limit on the amount of water extraction which Council can take from the borefield other than an annual total limit of 3,100ML.? In periods of extended drought when the environmental flows in the river are at their most critical, the Council will continue pumping to meet demand.

 

The Bowraville Off River Water Storage will provide the natural environment with the opportunity for a minimum environmental flow during extended periods of drought.? Flow extraction rules have been developed to provide low flow protection and safeguard key iconic/indicator species.? In essence the Council will not be pumping water from the river during periods of low flow.

 

Thus the largest infrastructure project ever constructed in the Shire will also make one of the largest contributions to preserving the quality of our river and estuary.

 

Just prior to the conclusion of the financial year, the Independent Pricing and Regulatory Tribunal (IPART) approved a continuation of Council?s Environmental Levy.? The levy which equates to approximately 4% of Council?s rates income provides annual revenue of approximately $330,000 for a range of environmental works, including floodplain management, riverbank stabilisation and foreshore improvements.? Polling undertaken by Council in 2010 indicated that 80% of ratepayers supported the extension of the Environmental Levy for 5 years.

 

Our Governance

 

Towards the end of the financial year the Council completed new statutory planning and reporting requirements.

 

The Council now reports against a published 10 year Community Strategic Plan, a 4 year Delivery Program, a 1 year Operational Plan as well as supporting plans comprising a 10 year Long Term Financial Plan, a 10 year Asset Management Plan and a Workforce Plan.

 

The 4 year Delivery Program is intended to match the Council election cycle and provide a more strategic approach to planning over a term of Council rather than the annual budget cycle.

 

The Delivery Program and Operational Plan are structured around 11 key strategic directions and goals that form the foundation of the Community Strategic Plan.? These are:

 

? Leadership and Administration

? Public Order and Safety

? Public Health

? Community Support and Education

? Environmental Planning

? Building Regulation

? Environmental Services and Community Amenities

? Recreation and Culture

? Transport

? Local Economy

? Water Cycle

Council will proceed to review and refine these plans over the following year.? It will be engaging with residents in the review of these plans to ensure the best fit between expectations and the available resources.

 

Throughout the course of the year Council lobbied the State and Federal Governments for funding for the upgrading of the Pacific Highway, the restoration of the Bellingen-Bowraville Road, the provision of dialysis services at Macksville hospital as well as for grants for a range of projects.? The Council has also lobbied for a change to the funding arrangements for the Rural Fire Service.? Over the past 10 years the percentage increase in the mandatory contributions required by the RFS have often far exceeded the approved percentage increase in Council?s rates revenue.

 

It is pleasing to see that Council was a contributor to a number of successful outcomes for the Nambucca Valley.? Chief amongst these was the announcement of the upgrading of the Pacific Highway between Nambucca Heads and Urunga, with construction scheduled to commence in 2013.? This work will provide lasting benefits in safety and economic development.

 

With the announcement of the upgrade of the Pacific Highway between Frederickton and Eungai, the remaining section which will be the target of Council lobbying will be the section between Warrell Creek and Nambucca Heads.? Whilst Roads and Maritime Services have completed their planning for this section and are proceeding with property acquisition, there has been no commitment as to a date when construction will commence.

 

The NSW Government has announced a review of funding arrangements for emergency services including the RFS.? There is the possibility that there will be a more broadly based property tax to fund emergency services rather than the current complex arrangements which have allowed significant cost shifting to local government.

 

Council is still continuing to lobby for the replacement of the southern section of the Bellingen-Bowraville Road which was destroyed by landslides in 2009.

 

Council secured a number of significant grants for community activities in 2011/2012 including $566,430 for a healthy communities initiative, $455,000 for weed management, $338,000 for a Sports Facilitation Program, $47,000 for the Scotts Head boat ramp; and $19,000 for a playground and amenities at the Unkya Reserve.

 

CONSULTATION:

 

All responsible officers within Nambucca Shire Council

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are no environmental issues associated with this report.

 

Social

 

There are no social issues associated with this report.

 

Economic

 

There are no economic issues associated with this report.

 

Risk

 

There are no risks associated with this report as it has been completed within the prescribed time limits outlined in the Local Government Act.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

N/A

 

Source of fund and any variance to working funds

 

N/A

 

 

 

Attachments:

1View

?- Circularised Document (Trim 36466/2012) for Councillors only - Annual Report 2011/2012

0 Pages

2View

?- Circularised Document (Trim 30902/2012) Financial Statements 2011/2012

0 Pages

3View

?- Circularised Document (Trim 30495/2012) Environmental Levy

0 Pages

??


Ordinary Council Meeting - 29 November 2012

Annual Report 2011-2012

 

 

 

 

 

Placeholder for Attachment 1

 

 

 

Annual Report 2011-2012

 

 

 

Circularised Document (Trim 36466/2012) for Councillors only - Annual Report 2011/2012

 

??Pages

 


Ordinary Council Meeting - 29 November 2012

Annual Report 2011-2012

 

 

 

 

 

Placeholder for Attachment 2

 

 

 

Annual Report 2011-2012

 

 

 

Circularised Document (Trim 30902/2012) Financial Statements 2011/2012

 

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Ordinary Council Meeting - 29 November 2012

Annual Report 2011-2012

 

 

 

 

 

Placeholder for Attachment 3

 

 

 

Annual Report 2011-2012

 

 

 

Circularised Document (Trim 30495/2012) Environmental Levy

 

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Ordinary Council Meeting????????????????????????????????????????????????????????????????????????????????????????????? 29 November 2012

Assistant General Manager Corporate and Community Services Report

ITEM 10.6??? SF733????????????? 291112???????? Plumbing and Drainage Act 2012 - Delegation to Council of Functions

 

AUTHOR/ENQUIRIES:???? Greg Meyers, Assistant General Manager - Corporate and Community Services ????????

 

Summary:

 

The NSW Coalition Government are progressing with the reduction in ?Red Tape? for small business and one of the areas that was targeted was the regulation and control of Plumbing and Drainage within NSW.

 

As a result, the Plumbing and Drainage Act 2011 was passed by parliament on 9 November 2011 which established a single scheme of regulation for plumbing and drainage works within NSW establishing the NSW Fair Trading as the NSW plumbing regulator.

 

However, NSW Councils will still be provided the responsibility of continuing with its regulatory role under ?Delegation? from Fair Trading.

 

This report is in response to the Instrument of Delegation offered to Council by Fair Trading.

 

 

Recommendation:

 

1??????? That Council formally accept the delegation as outlined in the Instrument of Delegation from NSW Fair Trading dated 8 November 2012 which will take effect on 1 January 2013.

 

2??????? That the Council Seal be affixed to the Instrument of Delegation and the Mayor and General Manager be authorised to sign the Instrument of Delegation as required.

 

3??????? That Council delegate the functions outlined in the Instrument of Delegation under Section 21 of the Plumbing and Drainage Act 2011 to the General Manager.

 

 

OPTIONS:

 

Council could choose not to accept the delegation at which time NSW Fair Trading would look elsewhere for the regulatory role to be undertaken. This is not considered an acceptable option.

 

 

DISCUSSION:

 

The NSW Government claim that in order to provide a regulatory framework for Plumbing and Drainage and following extensive review the Government introduced The Plumbing & Drainage Act 2012 to provide for a single regulator (NSW Fair Trading) to take over jurisdiction of all Plumbing & Drainage regulation in NSW, and for the Plumbing Code to replace State based standards

 

The Act will take effect across Regional NSW on the 1st January 2013 and the Regulator will delegate under the Act (other than this power of delegation) all other plumbing regulatory functions to the council or any other person whom the regulator considers has the necessary skills, knowledge or experience to exercise the function

 

Council as delegated by the Plumbing Regulator or the General Manager as delegated by council may appoint Inspectors or Enforcement Officers only if they are an officer or employee of council, and the Council is satisfied that the person holds the necessary skills, knowledge or experience to exercise the functions.

 

Plumbing and drainage inspections have in the past been carried out in accordance with the Local Government Act with approvals for work being issued under Section 68 of the Local Government Act. The new Plumbing and Drainage Act makes it quite clear that Section 68 amongst other things, only relates to connections to Councils utility services whilst the Plumbing and Drainage Act regulates all on-site plumbing and drainage separate to the utility connection,. i.e., inspection of the utility connection is by Council as a utility provider and inspection of all on-site plumbing and drainage is by council officers under delegation from the NSW Fair Trading (Inspection fees apply as set by council for council ? it is anticipated that at least 3 inspections will be required per standard dwelling/additions containing plumbing and drainage).

 

Plumbers need to submit a notice of work before proceeding, a sewer diagram for works as executed drawn to a suitable scale on the prescribed form and submit a completion certificate (certifying compliant work as inspected by council). Note if these are not submitted then the Principle Certifying Authority is prevented from issuing an Occupation Certificate for the building works. The Principle Certifying Authority may be Council or other accredited private certifier.

 

The introduction of this regulation does not come with any regulation of inspection fees and allows Council?s to set realistic cost recovery fees as it has done in the past for plumbing and drainage inspections.

 

Whilst the intent of the Government is questionable as this process is unlikely to reduce ?Red Tape?, the process does raise some concerns as to whether this is a prelude to the reviews on the water and sewer utilities in NSW and a simple solution for future regulatory responsibilities if water and sewer utilities are removed from Local Government.

 

 

CONSULTATION:

 

Extensive Community and Industry consultation with the review by the NSW Government

Manager Applications and Compliance

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are no environmental impacts associated with this report

 

Social

There are no social impacts associated with this report

 

Economic

There are no economic impacts associated with this report

 

Risk

There are no risks associated with this report

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

There are not expected to be any budgetary impacts with this new legislation

 

Source of fund and any variance to working funds

 

Full cost recovery fee for service.

 


Attachments:

There are no attachments for this report. ?


Ordinary Council Meeting????????????????????????????????????????????????????????????????????????????????????????????? 29 November 2012

Assistant General Manager Corporate and Community Services Report

ITEM 10.7??? SF42??????????????? 291112???????? Swimming Pool Legislation - Revised

 

AUTHOR/ENQUIRIES:???? Greg Meyers, Assistant General Manager - Corporate and Community Services ????????

 

Summary:

 

A report was presented to Council in February this year regarding the review that was underway into the Swimming Pool legislation.

 

Council made a submission in accordance with the report.

 

Advice has now been received that the Swimming Pools (Amendment) Act 2012 commenced on 29 October 2012 which contains a number of significant changes targeted towards increased safety of very young children around backyard swimming pools.

 

 

Recommendation:

 

That Council note the commencement of the Swimming Pools Amendment Act 2012 and the added responsibilities imposed on Council and swimming pool owners under the Act.

 

 

 

OPTIONS:

 

There are no options for Council

 

 

DISCUSSION:

 

In February this year, Council was advised of the review underway of the Swimming Pools Act due to the continued number of drownings and near drowning of young children in backyard swimming pools.

 

This review has now been completed and the Swimming Pools (Amendment) Act 2012 was legislated and took effect on 29 October 2012.

 

Attached for Councils information is Circular 12-40 issued on 2 November 2012 by the Division of Local Government.

 

The legislation places additional requirements on Council?s and pool owners than in the past.

 

The following outlines the important changes and responsibilities for Councils and swimming pool owners as outlined in the Circular.

 

Information for councils:

 

1.?? Councils are required to:

 

i.????????? develop and implement a swimming pool barrier inspection program in consultation with their communities

 

ii.????????? report annually on the number of pool inspections undertaken and the level of compliance with the requirements

 

iii.???????? inspect pools associated with tourist and visitor accommodation and multi-occupancy developments at three year intervals

 

iv.???????? at the request of a pool owner, inspect pools prior to sale or lease

v. issue compliance certificates after an inspection which finds a pool barrier compliant with the requirements of the legislation. Compliance certificates are valid for three years.

 

2. A swimming pool subject to an occupation certificate is exempt from an inspection program for three years from the date of issue of th