NAMBUCCA

SHIRE COUNCIL

 


Ordinary Council Meeting

AGENDA ITEMS

30 July 2015

 

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 AND on the Thursday two weeks before the Thursday meeting.  Both meetings commence at 5.30 pm.  Meetings are held in the Council Chamber at Council's Administration Centre—44 Princess Street, Macksville (unless otherwise advertised).

 

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 Council’s website: www.nambucca.nsw.gov.au


 

NAMBUCCA SHIRE COUNCIL

 

Ordinary Council Meeting - 30 July 2015

 

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 - 16 July 2015....................................................................................... 6

 

5        NOTICES OF MOTION

5.1     Notice Of Motion - Proposed Motions For Submission To LGNSW Annual Conference Business Paper (SF45)............................................................................................................................ 13

5.2     Notice of Motion - Request for Leave - Cr P Flack (SF348)............................................... 15  

 

6        PUBLIC FORUM

i)           Mr Michael Betts - work on building sites before 7.00 am

 

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.................................................................................... 16

9.2     Planning Proposal LEP Amendment no. 19a Adin Street Scotts  Head Results of Exhibition 22

9.3     Donation and Fee Waivers.............................................................................................. 27

......... 9.4     Outstanding DA's greater than 12 months, applications where submissions received

.........           not determined from 9 July 2015 to 22 July 2015............................................................. 30

          9.5     New Draft Policy - Local Orders Policy............................................................................ 32

 

10      Assistant General Manager Corporate Services Report

 

          10.1   Schedule of Council Public Meetings............................................................................... 70

          10.2   Review of Investment Funds Policy................................................................................. 71

 

11      Assistant General Manager Engineering Services Repo

 

11.1   Application for Road Closure, River Street Macksville - Vietnam Veterans Day 18 August 2015.... 87    


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

12.1   Internal Loan to Finance Land Purchase

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) (c) of the Local Government Act, 1993, on the grounds that 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).

 


NAMBUCCA SHIRE COUNCIL

Ordinary Council Meeting

MINUTES OF THE Ordinary Council Meeting HELD ON 16 July 2015

The following document is the minutes of the Ordinary Council meeting held 16 July 2015.  These minutes are subject to confirmation as to their accuracy at the next meeting to be held on 30 July 2015 and therefore subject to change.  Please refer to the minutes of 30 July 2015 for confirmation.

 

 

PRESENT

 

Cr Rhonda Hoban (Mayor)

Cr Martin Ballangarry OAM

Cr Brian Finlayson

Cr Kim MacDonald

Cr Bob Morrison

Cr Anne Smyth

Cr Elaine South

 

 

 

ALSO PRESENT

 

Michael Coulter (General Manager)

Scott Norman (AGM Corporate Services)

Paul Gallagher (AGM Engineering Services)

Monika Schuhmacher (Minute Secretary)

 

 

APOLOGIES

 

Cr John Ainsworth (Deputy Mayor) and Cr Paula Flack

 

 

PRAYER

 

Rev Jilleen Chambers from the Macksville Anglican Church offered a prayer on behalf of the Nambucca Minister's Association.

 

 

DISCLOSURE OF INTEREST

 

Councillor R Hoban declared a non-pecuniary significant conflict of interest in Item 9.9 Outstanding DA's greater than 12 months, applications where submissions received not determined from 18 June 2015 to 8 July 2015  under the Local Government Act as Cr Hoban has a family member who has been employed by the applicant and has a reasonable expectation of future casual employment with the applicant.  Cr Hoban left the meeting for this item.

 

General Manager, Michael Coulter, declared a non-pecuniary significant conflict of interest in Item 9.9 Outstanding DA's greater than 12 months, applications where submissions received not determined from 18 June 2015 to 8 July 2015 under the Local Government Act as Mr Coulter states that DA2015/066 involves a person who is in his surf lifesaving patrol at Macksville-Scotts Head SLSC and with whom he competes with in surf boat rowing.

 

 

CONFIRMATION OF MINUTES - Ordinary Council Meeting 25 June 2015

 

913/15 RESOLVED:        (MacDonald/Smyth)

 

That the minutes of the Ordinary Council Meeting of 25 June 2015 be confirmed.

 

 

 

NOTICE OF MOTION - CR Hoban

 

ITEM 5.1      SF2049              160715      Notice Of Motion - Proposed Motions For Submission To LGNSW Annual Conference Business Paper (SF45)

914/15 Motion:    (South/Smyth)

 

1        That LGNSW request that when the Department of Primary Industries is considering any change to legislation, or any action that impacts on either commercial or recreational fishing on a river system that the Councils adjoining that river be notified and consulted.

 

Amendment:       (Morrison/Ballangarry)

 

That this recommendation be deferred until the next Council meeting so that Cr Morrison may provide two paragraphs of background information to be submitted with the motion.

 

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

 

915/15 Resolved:        (Morrison/Ballangarry)

 

1        That this recommendation be deferred until the next Council meeting so that Cr Morrison may provide two paragraphs of background information to be submitted with the motion.

 

 

916/15 Resolved:        (Finlayson/South)

 

2        That LGNSW lobby the State Government to expedite determination of the numerous outstanding Aboriginal Land Claims across the State of NSW.

 

Note:  Cr Ballangarry requested his vote be recorded against this resolution.

 

 

917/15 Resolved:        (MacDonald/Smyth)

 

3        That LGNSW seek the reinstatement of the claimable expense pertaining to the use of council staff during their normal working hours to attend to natural disaster relief and recovery funded works.

 

918/15 Resolved:        (MacDonald/Ballangarry)

 

4        That LGNSW lobby the State Government to finalise new funding arrangements for the SES, RFS and Fire Brigades via a property levy.

 

  

 

ASKING OF QUESTIONS WITH NOTICE

 

There were no questions with notice.

 

 

QUESTIONS FOR CLOSED MEETING WHERE DUE NOTICE HAS BEEN RECEIVED

 

There were no questions for Closed Meeting where due notice has been received.

 

 

 

General Manager Report

 

ITEM 9.1      SF959                160715      Outstanding Actions and Reports

919/15 RESOLVED:        (Smyth/MacDonald)

 

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

 

 

 

ITEM 9.2      SF979                160715      Notice of Withdrawal from the Mid North Coast Regional Organisation of Councils (MIDROC)

920/15 RESOLVED:        (Smyth/Finlayson)

 

That Council agree to the dissolution of the Mid North Coast Regional Organisation of Councils (MIDROC) but in the event that dissolution is not agreed or not forthcoming within a reasonable period, that Council provide 12 months’ notice to MIDROC of its withdrawal for the reason that the Government’s proposed Joint Organisations will be operative by September 2016 and perform a similar function to MIDROC.

 

 

 

ITEM 9.3      SF2133              160715      Nambucca Shire Council - A R Bluett Award Nomination 2015

921/15 RESOLVED:        (MacDonald/South)

 

1        That Council note the proposed nomination for the 2015 Bluett Award.

 

2        That Council adopt a budget of $8,000 for the preparation and lodgement of the entry to the 2015 Bluett Award.

 

 

 

ITEM 9.4      DA2015/070        160715      Bowraville Memorial - Donation of Application Fees

922/15 RESOLVED:        (MacDonald/Smyth)

 

That Council provide the $816.90 in application fees for the Bowraville Memorial proposed in DA2015/070 via its 2015/2016 donations budget.

 

 

 

ITEM 9.5      SF1199              160715      Local Government NSW - Membership Subscription

923/15 RESOLVED:        (MacDonald/Smyth)

 

That Council pay the tax invoice for LGNSW membership for 2015/2016 and thank LGNSW for its response to Council’s questions.

 

 

 

ITEM 9.6      SF265                160715      Policy Review - Companion Animals

924/15 RESOLVED:        (MacDonald/Smyth)

 

That Councillors provide any comments on the draft policy within 14 days, after which it will be placed on public exhibition (if no comments are received) or reported back to Council prior to exhibition (if comments are received).

 

 

 

ITEM 9.7      SF2037              160715      Minutes of the Nambucca Shire Council Access Committee Meeting Held 26 May 2015

925/15 RESOLVED:        (Smyth/South)

 

That Council note the Committee’s ongoing discussions regarding issues to be considered in developing the Disability Inclusion Action Plan and that the minutes of the Nambucca Shire Council Access Committee meeting be endorsed.

 

 

 

ITEM 9.8      SF2037              160715      Minutes of the Nambucca Shire Council Access Committee meeting held 23 June 2015

926/15 RESOLVED:        (Smyth/Finlayson)

 

That Council note the Committee’s ongoing discussions regarding issues to be considered in developing the Disability Inclusion Action Plan and that the minutes of the Nambucca Shire Council Access Committee meeting held 23 June 2015 be endorsed.

 

 

 

927/15 Resolved:        (Smyth/South)

 

That Cr Finlayson take the Chair for Item 9.9.

 

The Mayor and the General Manager left the meeting for this Item at 6.35 pm and returned after the conclusion of the item at 6.36 pm when the Mayor resumed the Chair.

 

ITEM 9.9      SF2038              160715      Outstanding DA's greater than 12 months, applications where submissions received not determined from 18 June 2015 to 8 July 2015

928/15 RESOLVED:        (Morrison/MacDonald)

 

That the information be noted by Council.

 

 

 

ITEM 9.10    SF1148              160715      Council Ranger's Report June 2015

929/15 RESOLVED:        (Smyth/Finlayson)

 

That Council’s Ranger’s report for June 2015 be received and noted by Council.

 

 

 

ITEM 9.11    SF2038              160715      2015 June - Development and Complying Development Applications Received

930/15 RESOLVED:        (Finlayson/MacDonald)

 

That the Development Applications and Complying Development Applications received in June 2015 be received for information.

 

 

 

ITEM 9.12    SF2038              160715      2015 June - Construction And Complying Development Certificates Approved

931/15 RESOLVED:        (Finlayson/MacDonald)

 

That the Construction and Complying Development Certificates approved for June 2015 be noted and received for information by Council.

 

 

Assistant General Manager Corporate Services Report

 

ITEM 10.1    SF1120              160715      Grant Application Status Report

932/15 RESOLVED:        (Finlayson/MacDonald)

 

That the list of grant applications and their status to 30 June 2015 be received.

 

 

 

ITEM 10.2    SF25                  160715      Donations Program (Section 356) 2015/2016 -
Late 2015/2016 application and two requests for donations

933/15 RESOLVED:        (MacDonald/Finlayson)

 

That Council approves:

 

1        An amount of $1200 to Scotts Head Sports Field Committee of Management.

 

2        An amount of $388.03 (additional to the $1800 already approved) to the Nambucca Valley Garden Club.

 

3        An amount of $200 to Bowraville Central School.

 

 

 

ITEM 10.3    SF544                160715      Developer Contributions Plan Review: Adoption of Final Community Facilities and Public Open Space Plan

934/15 RESOLVED:        (Finlayson/Ballangarry)

 

That Council adopt the Final Community Facilities and Public Open Space Developer Contributions Plan and it becomes effective from 23 July 2015 following public notification in the Guardian News on that day.

 

For the motion:      Cr Hoban, South, MacDonald, Finlayson, Smyth, Ballangarry and Morrison (Total 7)

Against the motion:         Nil

 

 

 

ITEM 10.4    SF251                160715      Schedule of Council Public Meetings

935/15 RESOLVED:        (MacDonald/Smyth)

 

That the schedule of dates for public Council meetings be noted and received for information by Council.

 

 

 

ITEM 10.5    SF332                160715      Scotts Head Tennis Club Committee of Management - Minutes of the Annual General Meeting - 12 June 2015

936/15 RESOLVED:        (MacDonald/Finlayson)

 

That Council endorse the Scotts Head Tennis Club Committee of Management’s minutes of the Annual General Meeting held on 12 June 2015 and thank the outgoing Committee for their work in the past twelve months.

 

 

 

ITEM 10.6    SF339                160715      Unkya Reserve Committee of Management - Minutes of Annual General Meeting - 6 August 2014

937/15 RESOLVED:        (Finlayson/Smyth)

 

That Council endorse the Minutes of the Committee of Management for the Unkya Reserve’s Annual General Meeting held on 1 July 2015 and thank the outgoing Committee for their work during the past twelve months.

 

 

 

ITEM 10.7    SF1991              160715      Investment Report to 30 June 2015

938/15 RESOLVED:        (Smyth/MacDonald)

 

That the Accountants’ Report on Investments placed to 30 June 2015 be noted.

 

 

 

Assistant General Manager Engineering Services Report

 

ITEM 11.1    SF98                  160715      Naming the Old Pacific Highway

939/15 RESOLVED:        (Finlayson/Smyth)

 

That Council proceed with an application to the Geographic Names Board of NSW to adopt and Gazette the name Giinagay Way for the existing Pacific Highway alignment that will be bypassed by Warrell Creek to Urunga Realignment projects.

 

    

 

COUNCIL IN CLOSED MEETING (CLOSED TO THE PUBLIC)

 

940/15 RESOLVED:        (South/Ballangarry)

 

1        That Council consider any written representations from the public as to why the Meeting should not be Closed to the public.

 

2        That Council move into Closed Meeting to discuss the matters for the reason(s) listed below.

 

Reason reports are in Closed Meeting:

 

 

 

General Manager Report

For Confidential Business Paper in Closed Meeting

ITEM 12.1    SF1686              160715      Write off of Debtor Account Balances

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) (g) of the Local Government Act, 1993, on the grounds that the report contains advice concerning litigation, or advice that would otherwise be privileged from production in legal proceedings on the ground of legal professional privilege.

 

 

 

CLOSED MEETING

 

The Ordinary Council Meeting's Meeting IN CLOSED MEETING commenced at 6.50 pm.

 

 

 

RESUME IN OPEN MEETING

 

RECOMMENDATION:

 

That Ordinary Council Meeting resume in Open Meeting. The Ordinary Council Meeting resumed IN OPEN MEETING at 6.56 pm.

 

 

FROM COUNCIL IN CLOSED MEETING

 

General Manager Report

For Confidential Business Paper in Closed Meeting

ITEM 12.1    SF1686              160715      Write off of Debtor Account Balances

941/15 RESOLVED:        (Finlayson/MacDonald)

 

That Council write off the debtor account balances as listed in the attachment to the report.

 

 

 

CLOSURE

 

There being no further business the Mayor then closed the meeting the time being 7.00 pm. 

 

Confirmed and signed by the Mayor on 30 July 2015.

 

 

 

 

CR RHONDA HOBAN

MAYOR

(CHAIRPERSON)

 

    


Ordinary Council Meeting                                                                                                     30 July 2015

Notice of Motion

ITEM 5.1      SF2049            300715         Notice Of Motion - Proposed Motions For Submission To LGNSW Annual Conference Business Paper (SF45)

 

AUTHOR/ENQUIRIES:    Rhonda Hoban, Councillor; Michael Coulter, General Manager         

 

Summary:

 

At the Ordinary Council Meeting of 11 June 2015 Council resolved:

 

That Councillors forward proposed motions for the LGNSW Annual Conference Business Paper to the Mayor by COB 30 June 2015 for reporting back to Council for endorsement prior to submission to the Association.

 

The proposed motions are listed individually and are to be dealt with individually.

 

In considering the proposed motions Council should consider the following advice from the Association:

 

The Board of LGNSW has resolved that motions will be included in the Business Paper for the Conference where they:

 

1.                are consistent with the objectives of the Association (see Rule 4 of the Association’s rules)

2.                relate to Local Government in NSW and/or across Australia

3.                concern or are likely to concern Local Government as a sector

4.                seek to advance the Local Government policy agenda of the Association and/or improve governance of the Association

5.                have a lawful purpose (a motion does not have a lawful purpose if its implementation would require or encourage non-compliance with prevailing laws)

6.                are clearly worded and unambiguous in nature; and

7.                do not express preference for one or several members over one or several other members.

 

 

 

Recommendation:

 

1        That LGNSW request that when the Department of Primary Industries is considering any change to legislation, or any action that impacts on either commercial or recreational fishing on a river system that the councils adjoining that river be notified and consulted.

 

2        That the LGNSW requests the Department of Primary Industries to recommend a thorough investigation into a council’s estuaries and rivers where those rivers are opened to commercial fishing and determine the damage to fish habitat, the environment and the future viability for both commercial and recreational fishing in those areas.

 

 

 

DISCUSSION:

 

The matter was reported to Council’s meeting on 16 July and recommendations 2, 3 and 4 as listed below were adopted.

 

In relation to recommendation 1 it was resolved that this recommendation be deferred until the next Council meeting so that Cr Morrison may provide two paragraphs of background information to be submitted with the motion.  The information has been provided and is shown below.  Accordingly the matter has been relisted.

 

Recommendation 1:

a.       That LGNSW request that when the Department of Primary Industries is considering any change to legislation, or any action that impacts on either commercial or recreational fishing on a river system that the Councils adjoining that river be notified and consulted.

 

b.       That the LGNSW requests the Department of Primary Industries to recommend a thorough investigation into a Council’s estuaries and rivers where those rivers are opened to commercial fishing and determine the damage to fish habitat, the environment and the future viability for both commercial and recreational fishing in those areas.

 

Supporting comments provided by Cr Morrison

 

Taking the North Coast of NSW as an example, approximately 15 years ago the DPI made the decision to open up some council's rivers and estuaries to commercial fishing and closing other council's rivers.     The result being that commercial fishers from other areas converge on the rivers open to commercial fishers with the effect that the fish habitat and environment of those rivers is gradually being depleted.   Further that few fish are left in the rivers and recreational fishing compared to previous years is almost non-existent.    This leads tourists to bypass those council areas thereby disadvantaging small business and robbing those shires of the opportunities to promote themselves as an excellent  place for tourists and tourism and ultimately as a place to settle and retire to which the future of many shires depend.

It is therefore important that DPI Fisheries have an investigation to determine the damage to fish habitat, the environment and the future viability for both commercial and recreational fishing in those areas.

Recommendation 2:

That LGNSW lobby the State government to expedite determination of the numerous outstanding Aboriginal Land Claims across the state of NSW.

 

Nambucca Heads Local Aboriginal Land Council currently has 42 outstanding Land Claims and Nambucca Shire Council was recently advised by Crown Lands Grafton that there are approximately 30,000 outstanding Aboriginal Land Claims across the State.  It is understood that under the Aboriginal Land Rights Act, as of 1 July 2015 Land Councils and the Crown may negotiate bulk settlements of claims.  Whether claims are dealt with individually or in bulk, these long outstanding claims need to be determined to provide certainty to current owners, land managers and most importantly the claimants.

 

Recommendation 3:

That LGNSW seek the reinstatement of the claimable expense pertaining to the use of Council staff during their normal working hours to attend to natural disaster relief and recovery funded works.

 

Roads and Maritime Services recently advised Nambucca Shire Council that any work performed by Council staff during normal working hours to repair Natural Disaster damage will not be claimable against Natural Disaster Funding.  However if the work is performed by contractors it will be.  This is likely to lead councils to put all Disaster Recovery work to tender which will not necessarily reduce the costs; it may in fact increase the costs; and will likely increase the time frames for repair and compound public inconvenience.

 

Recommendation 4:

That LGNSW lobby the state government to finalise new funding arrangements for the SES, RFS and Fire Brigades via a property levy.

 

It is understood that there is broad support for a property levy to fund SES, RFS and Fire Brigades as a more equitable means of funding these services.

 

Attachments:

There are no attachments for this report.  


Ordinary Council Meeting                                                                                                     30 July 2015

Notice of Motion

ITEM 5.2      SF2049            300715         Notice of Motion - Request for Leave - Cr P Flack (SF348)

 

AUTHOR/ENQUIRIES:    Paula Flack, Councillor         

 

Summary:

 

I request leave from Monday 3 August 2015 to Monday 24 August 2015 inclusive.

 

 

Recommendation:

 

That Cr Paula Flack be granted leave of absence in accordance with Section 234(d) of the Local Government Act for the period Monday 3 August 2015 to Monday 24 August 2015, inclusive.

 

 

 

 

 

Attachments:

There are no attachments for this report.      


Ordinary Council Meeting                                                                                                     30 July 2015

General Manager

ITEM 9.1      SF959              300715         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.

 

 

 

 

FILE

NO

COUNCIL

MEETING

SUMMARY OF MATTER

ACTION

BY

STATUS

 

MARCH 2011

1

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

Estuary Committee met on 30 October and have recommended the appointment of WMA Water to undertake the Floodplain Risk Management Plan.

At Council’s meeting on 13 November it was resolved that WMA Water to appointed to prepare the Flood Risk Management Plan.

The inception meeting will be held on 5 February 2015 to commence the process.

WMA Water have advised they are identifying properties requiring survey and reviewing the flood model developed for the highway crossing for application to the Council flood risk study.

 

As at 29 May 2015 public consultation on the preparation of the Flood Risk Management Plan had commenced.

 

JULY 2011

2

SF1031

21/7/11

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

 

GM

Update as at 16 April - the project is awaiting the completion of the floodplain risk management matrix which will formally consider the acceptance or otherwise of a forecast climate change induced sea level rise of 900mm by 2100.

 

AUGUST 2013

 

3

SF1031

14/08/13

That the tree policy be again presented after Councillors have had sufficient time to comment on the amendments presented by Councillors and in view of the previous motion of Council, namely “Tree Removal” (SF629) containing the 6D principles.

 

 

AGMES

Report in September 2013.

Deferred to October 2013.

At the request of Cr Morrison this item has been deferred to the first meeting in November 2013.

Cr Morrison has provided information to the Manager Civil Works who will draft a report to the December Council meeting.

Staff on leave during December – deferred until February 2014.

Deferred until April – Staff dealing with landslips.

Deferred until May 2014

Deferred until June 2014

Deferred until September 2014 and a report will be prepared on the outcome of the meeting.

Policy has been redrafted and a new operations procedures manual developed. A memo with the updated policy and procedures will be provided to Councillors for comment at the end of December

Deferred with staff on leave - Guidelines and tree assessment form developed and now being trialled for tree assessment with the Policy and guideline review to be presented to Council for comment after trial – anticipate April.

 

Deferred until September after the budget, restructure and staffing levels settle.

 

 

NOVEMBER 2013

 

4

SF642

28/11/13

That Council review both the Pesticides Use Notification Policy and Noxious Weed Policy.

AGMES

Report to April 2014 meeting and will include the State change to Noxious Weeds Act.

Deferred until September – pending outcome of the Noxious weeds review following the Minister of Primary Industries request that the Natural Resources Commission (NRC) conduct a review into the effectiveness and efficiency of weed management in New South Wales.

Report deferred to second meeting in November 2014 pending a meeting with Noxious Weeds Inspector and DPI regarding any changes to the Act.

Deferred with staff on leave. Memo to Councillors now set for end February with other policy review, will be provided to Councillors for comment in accordance with adopted procedure.

Now deferred to April 2015.

 

Deferred until September after the budget, restructure and staffing levels settle,

 

DECEMBER 2013

 

5

SF1842

11/12/13

That if Council and IPART support a rate increase above rate pegging, Council provide a quarterly report either through a media release or its rates newsletter to confirm to ratepayers that the additional funds are being spent on roads and bridges as indicated in our community consultation.

 

GM

The first quarterly report would be the rates newsletter to be distributed with the 2014/2015 rates notice.

Report produced.

Media release issued before 13 November Council meeting.

 

Second media release issued 20 May 2015.

 

Third media release planned for an update as of 30 June 2015.

 

AUGUST 2014

 

6

SF595

28/08/14

That Council develop a plan of management for the ongoing maintenance of Hughes Creek.

 

GM

March 2015

Strategic planner seeking funding to engage a consultant to look at the entire system as part of the estuaries committee because of the nature of the creek system and its integration to the river PoM deferred pending funding.

 

OEH Estuary Grant application submitted in March 2015 (project value $20,000).  If successful a plan of management will be developed for Dawkins Lake to the Nambucca River via Hughes Creek.  A funding announcement is expected in 2015/16.

 

 

SEPTEMBER 2014

 

7

SF399

26/09/14

Pending the outcome of the Fit for the Future reform process Council consider reducing the no. of Councillors from 9 to 7 via a referendum.

 

GM

Deferred to late 2015 (next LG general election scheduled for September 2016).

 

OCTOBER 2014

 

8

PRF72

16/10/14

Council proceed with the proposed reclassification of the Kingsworth Lake Reserve from community to operational land.

 

GM

Strategic Planner preparing a gateway proposal for the Dept of Planning & Environment.  Following approval of the gateway proposal, the proposed reclassification will be advertised and a public hearing undertaken.

 

Draft planning proposal prepared and submitted to the Department of Planning.  Waiting on Department’s advice as to their requirements.

 

 

9

SF952

16/10/14

Unofficial rest area on Link Road – that a management plan for the future improvement of the site be prepared by Council and the Lions Club who have agreed to maintain the site after the management plan has been placed on public exhibition.

 

AGMES

Report March 2015.

Meeting scheduled with Lions Executive in early March to draft a PoM and provide to Council for comment in April/May.

Meeting with Lions Club on 4 March 2015.

Current projects and staff resources (doing budgets, Fit for the Future and asset revaluation) proposed to work on first draft and present the document to Council and Lions for comment.

 

Draft PoM to be provided to Councillors and Lions Club for comment towards the end of September 2015

 

 

NOVEMBER 2014

 

10

SF1997

27/11/14

Council’s Finance Section be asked to review, when time permits, Council’s current liquid equity levels & their relationship to the minimum level of Council’s policy.

 

AGMCS

Early 2015.

 

 

 

DECEMBER 2014

 

11

SF929

11/12/14

Council seek expressions of interest from BSC and CHCC on an alliance to operate a regional focussed Visitor Information Centre (VIC) from the proposed highway service centre.

 

GM

Letters sent 18/12/2014

Response received from Bellingen Shire Council on 2 March 2015.  As at 31/3/15 no response from CHCC.

To be reported in June 2015.

 

A tender for the Highway Service Centre has been accepted.  The Manager Business Development has made an enquiry in relation to securing 100m2 of floor space for a Visitor Information Centre and associated retail.  Awaiting advice as to potential cost and will then be reported to Council.

 

 

12

SF247

11/12/14

There is a further report to Council on the provision of sewerage to south Nambucca following the determination of the grant application under the National Stronger Regions Fund.

 

AGMES

Proposed for March 2015.

Report deferred - Awaiting presentation from the Public Works and outcome of grants status before preparing a report.

Funding application successful.  Report in July 2015.  Consideration being given to financing options.

Council’s Grants & Contributions Officer has written to property owners proposing a financing arrangement for their comment.  The financing arrangement is based on all property owners paying the sewer headworks charge for their existing ET with the Stronger Regions Funding being used to discount that contribution.  For example the Pelican Caravan Park has 38 ET @ $9,335 per ET = $354,730 but the $241,000 funding across 66 existing ET allows a discount of $3,651 per ET.  Therefore the contribution payable by Pelican Park would be $354,730 – ($3,651 x 38) = $215,992.

For the existing 66 ET Council will achieve $616,110 in sewer headworks contributions with further ET contributions possible from new development.

 

Will be reported back to Council following the receipt of any comments from property owners.

 

 

JANUARY 2015

 

13

SF1541

29/01/15

Housekeeping amendments to Nambucca LEP 2010 (items c and d) is deferred for 2 months.

 

GM

Report April 2015

Will incorporate requested report from meeting on 16 April concerning secondary dwellings.  Deferred until May.

Further deferral until June.

 

As at 16 June work had commenced on the housekeeping amendments and a report is now scheduled for a July Council meeting.

 

 

FEBRUARY 2015

 

14

SF843

26/02/15

Council write to Bellingen Shire Council inviting them to join the Beach Permit System.

 

AGMES

Letter sent 5 March 2015

GM has held discussion with the GM at Bellingen and the matter has not been progressed any further.

 

MIDROC have spoken about a common permit for the MIDROC coastal councils and the matter has not been progressed any further.

 

 

MARCH 2015

 

15

LF4225

12/03/15

2 Nelson Street – Council write to the Minister for Lands setting out the history, the issues Council is facing: there was no community consultation on the sale of the land; the issues faced by the private land owners regarding their land stabilisation; the resolution of Council to support a lease and the conflicting advice given by the Office of Lands in Grafton.  And further, that Council requires an urgent definitive response to finalise the matter.

 

GM

Letter written w/e 20/3/2015

Follow up letter written 19/05/15

 

Mayor and GM meeting with Crown Lands staff in Grafton on 24 June.  This matter will be raised amongst others.

 

At the meeting on 24 June 2015, the Manager of Crown Lands at Grafton advised that the Minister had received the Council’s letter and that a response would be forthcoming.

 

16

SF841

12/03/15

Council make representations to the Member for Oxley, both pre and post 28 March 2015, for their support for the proposition that the bridges and major culvert structures which are located on the existing Pacific Highway through the Nambucca Valley should remain State assets and not be handed over to Council.

 

GM

Letter written w/e 20/3/2015.

 

As at June 2015 arrangements are being made for a consultant to assist Council staff in investigating the liability associated with the proposed handover of the existing Pacific Highway to Council.  Data provided by the RMS needs to be reviewed as well as a physical inspection of the road and bridge assets.

 

APRIL 2015

 

17

SF848

16/04/15

That Council approaches the property owners (of the small lot off Wallace Lane, Macksville) and discuss options of dedicating this land to Council as public land or pay the rates or consolidate the land into an adjoining property.

 

AGMCS

Report to June Council meeting.

 

As at 15 June 2015 - Council’s Rates Officer has met with Neville Miles.  A number of options were discussed, including dedicating the land to Council and consolidating the land with the adjoining strata.  Mr Miles advised that he would consult with other property owners and advise Council.  A response has not been received to date.

 

 

18

SF959

30/04/15

That Council write to our Local Member and respectfully ask her if she could intervene to obtain answers to Council’s questions regarding fishing matters in the Nambucca River … as listed in Council’s letter on 19 February.

 

GM

Letter sent 6/05/2015.

 

Follow up letter sent 30 June 2015.

 

MAY 2015

 

19

SF1699

28/05/15

Council await a future planning proposal to be presented to consider including secondary dwellings within the R5 Large Lot Residential Zone and detached dual occupancies within the RU1 Primary Production and RU2 Rural Landscape zones

 

GM

Report August 2015

 

20

SF1699

28/05/15

Staff prepare amended Water Supply and Sewerage Developer Servicing Plans and Section 94 Contribution Plans for Council’s consideration which includes specific criteria for secondary dwelling developments to be eligible for a developer contributions waiver.

 

GM

Report August 2015

 

JUNE 2015

 

21

SF639

11/06/15

That a report go to Council in two months on how the current Ranger is coping and options on enhancing the role.

 

GM

Report August 2015

 

22

SF2049

25/06/15

Council make a submission to the Dept. of Primary Industry in relation to the proposed changes to the Fisheries Management Act 1994.

 

GM

Submission sent to Dept. on 26/6/15.

 

23

SF95

25/06/15

That the matter (suitability of Nose to Kerb Parking) be deferred for a presentation by the MTS and that the Chambers of Commerce be invited to the presentation.

 

AGMES

Report August 2015.

 

24

SF265

25/06/15

Council review and provide written comment on the draft Water Supply Policy by 15 July so that any agreed changes can be included in the document prior to Council approval for public exhibition.

 

AGMES

Report to meeting in August 2015.

 

JULY 2015

 

25

Sf2049

16/07/15

NoM for proposed motions to be submitted to LGNSW conference – motion 1 re request that Dept. of Primary Industries notify and consult with LG on any legislative change be deferred to meeting on 30 July so that Cr Morrison can provide 2 paragraphs of background information to be submitted with the motion.

 

GM

Report relisted in this business paper.

 

Attachments:

There are no attachments for this report.

 


Ordinary Council Meeting                                                                                                     30 July 2015

General Manager's Report

ITEM 9.2      SF1982            300715         Planning Proposal LEP Amendment no. 19a Adin Street Scotts  Head Results of Exhibition

 

AUTHOR/ENQUIRIES:    Grant Nelson, Strategic Planner; Lisa Hall, Technical Officer Planning         

 

Summary:

 

The purpose of this report is to report to Council the results of the exhibition of the planning proposal to rezone Commercial land at Adin Street Scotts Head from B2 Local Centre to B4 Mixed Use and to apply a Floor Space Ratio of 1:1 to the subject land.

 

It is noted the Minister for Planning has issued Council with authority to exercise delegation in regards to this matter.

 

NOTE: This matter requires a “Planning Decision” referred to in Section 375A of the Local Government Act 1993 requiring the General Manager to record the names of each Councillor supporting and opposing the decision.

 

 

 

Recommendation:

 

1        That Council proceed with the proposed amendment as drafted in this report.

 

2        That pursuant to Clause 59(1) of the Environmental Planning and Assessment Act 1979 Council request that a draft instrument be prepared by contacting Parliamentary Counsel directly in accordance with Council’s delegated powers.

 

3        That those persons/agencies that made submissions be advised of Council's decision.

 

4        That the owner of 54 Waratah Street be invited to provide Council with a concept plan for the proposed redevelopment of their land so that Council may further consider the appropriateness of their requested rezoning.

 

 

OPTIONS:

 

Council may determine not to proceed with the amendment.

 

 

DISCUSSION:

 

Following an enquiry regarding rezoning of land in Scotts Head, a report was prepared for Council outlining the reasons for preparing an amendment to the Nambucca LEP 2010 for certain properties in Adin Street.  It was noted that rezoning the properties from B2 Local Centre to B4 Mixed Use would most closely reflect the existing situation, legitimise the existing residential development and allow new residential development in the area.

 

On 26 March 2014 Council resolved to proceed with an amendment to rezone Commercial land at Adin Street Scotts Head from B2 Local Centre to B4 Mixed Use and to apply a Floor Space Ratio of 1:1 to the subject land. Council received a gateway determination from the Department of Planning on 7 October 2014.  One of the requirements of the gateway determination was to consult with the NSW Rural Fire Service.

 

A response from the NSW RFS was received on 11 November 2014 and no objections were received to the planning proposal.

 

 

CONSULTATION:

 

Whilst preparing the proposal, Council’s consultants sent a letter to the residents of the B2 zoned land at Adin Street to gauge local landholders’ thoughts on the matter.  Of the twelve (12) landholders consulted, four (4) responses were received all of each in support of a B4 Mixed Use zone.

 

The proposal was publicly exhibited from Thursday 5 February 2015 to Tuesday 24 February 2015 and a total of two (2) submissions were received.

 

One submission raised concerns about overland stormwater flows.  The properties are at the bottom of a hill and can experience significant impacts from stormwater flows.  This will be exacerbated as the R3 zoned properties on Wallace Street are developed more intensely.

 

Council’s Manager Technical Services advised that Council’s current works in Scotts Head in duplicating pipes from Vernon Street to Adin Street and the plans to construct a stormwater detention basin in the reserve will ease the stormwater issues for the Adin Street properties.

 

The submission also contained the suggestion that Council develop a precinct-based Development Control Plan for these properties to protect their amenity.  It is considered that Council’s current Development Control Plan 2010 contains sufficient controls in this regard.

 

The second submission requested that part of Lot 12 DP 528491, 59 Waratah Street be included in the proposal.  The owners of this property wish, at a later date, to subdivide the property which currently a dwelling and granny flat on it.  They wish to create one lot of approximately 300mwhich would contain the dwelling, and a second lot of approximately 200m2  which would contain the granny flat.  They would also apply for Council approval to build a shop on the second lot.  It is this proposed lot which they wish to have included in the proposal, as shown below.

 

Based on the initial information provided in the submission, staff are not satisfied that the proposed site would adequately support the concept submission. Staff have concerns as to whether a lot of approximately 200m2  could effectively contain a shop, dwelling, required parking and turning areas. Council has contacted the submitter asking that they provide more information about how their proposal would meet Council’s required controls for such a development, the information did not adequately demonstrate the concept could be achieved.

 

It is recommended that the plan be made without the inclusion of this part lot. If the owners of the lot wish to provide further information about how their future proposal may be accommodated on site, the amendment could be included in a later housekeeping planning proposal.

 

Note: Council can not include the additional mixed use land proposed through the submission in this amendment, as it would require an amended gateway determination and re-exhibition. For process purposes if Council wishes to consider the additional land in more detail it would be included for consideration by Council, the Gateway Panel and the community in the housekeeping amendment presently being prepared by Staff. It is recommended the submitter be provided the opportunity to further examine their proposal prior to reporting the housekeeping amendment to Council.

 

Staff consultations

 

Technical Officer Planning

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

The proposal will not have any detrimental impacts on the Environment

 

Social

 

The planning proposal will allow flexibility in the use of the area for a number of different purposes in line with the current land uses.

 

The existing zone allows for shop top housing and/or commercial development and approximately 66% of the lots already have existing use rights for residential development.  Rezoning the land to B4 Mixed Use will give those property owners with residences greater certainty than merely relying on existing use rights provisions for their dwellings.

 

In regards to conflicting land uses Council has other areas in the shire that permit both residential and commercial activities.  As an example, the proposed Mixed Use zone will be similar in nature to the RU5 Village Zone in Bowraville.  Although Council has the occasional issue in relation to conflicting uses, they are usually addressed through discussions with the landholders or regulatory action as necessary.

 

Economic

 

In regards to economic effects, there is risk associated with a potential loss of commercial land should the market proceed to favour residential development in the area.  However it is noted that there is commercial zoned land nearby along Short Street, Ocean Street and additional vacant commercial zoned land located on Scotts Head Road near the entrance to the village.  Should commercial land be lost through the development of the subject land for residential uses (i.e. the 3 allotments that do not have existing use rights for residential development) there is sufficient vacant commercially zoned within Scotts Head land to cater for any increase demand.

 

Further to this an identified future growth area on the southern side of Scotts Head Road has the potential to accommodate a small commercial area should it be considered necessary.

 

The proposal has also given consideration to the Scotts Head Masterplan for the Crown Reserve on the opposite side of the road and it is considered unlikely the proposed Mixed Use zone would conflict with any of the proposed actions presented in the masterplan.

 

Risk

 

Nil, other than those mentioned elsewhere in this report

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

Nil

 

Source of funds and any variance to working funds

 

Nil

 

Service level changes and resourcing/staff implications

 

Council’s Strategic Planner will liaise with the Department of Planning and the Parliamentary Counsel to ensure that the plan is made.

 

 

Attachments:

There are no attachments for this report.


Ordinary Council Meeting                                                                                                     30 July 2015

General Manager's Report

ITEM 9.3      SF25                300715         Donation and Fee Waivers

 

AUTHOR/ENQUIRIES:    Monika Schuhmacher, Executive Assistant/Business Services Unit         

 

Summary:

 

Legacy makes a national appeal for funds to assist in providing for the spouses and children of decreased ex-service people who served Australia in War and international conflicts, or who were killed in training accidents.

 

Council receives an annual request from Mid North Coast Legacy to sell Legacy badges in the central business districts (CBD) of Nambucca Heads, Macksville, Scotts Head and Bowraville for the duration of Legacy Week—30 August to 4 September 2015.  A copy of the letter is attached.

 

To support Legacy Council has been making an annual donation of $200 to this worthy charity.

 

Two organisations have requested the waiver of fees, as below:

 

Nambucca Valley Parkinson Support Group, for the use of the Macksville Senior Citizens Centre, a cost of $108.00.  This group is a not for profit which will be using the hall to raise funds to extend the hours of their neurological clinical nurse.

 

Nambucca River Festival, application fees for temporary amusement rides for the Festival, a cost of $160.00.  The River Festival is a community event which attracts visitors and stimulates businesses in the Shire.

 

Both fee waiver requests are supported due to the community benefit of the associated activities.

 

 

Recommendation:

 

1        That Council donates $200 to Mid North Coast Legacy as a contribution to its annual badge selling appeal.

 

2        That Council donates the fee of $108 for the Nambucca Valley Parkinson Support Group for their use of the Macksville Senior Citizens Centre.

 

3        That Council donates the permit application fee of $160 (temporary amusement rides) to the Nambucca River Festival.

 

 

OPTIONS:

 

1              That Council donate a lesser amount

2              That Council donate an increased amount

3              That Council not donate to Legacy

 

 

DISCUSSION:

 

Council receives an annual request from Mid North Coast Legacy to sell Legacy badges in the central business districts of Nambucca Heads, Macksville, Scotts Head and Bowraville for the duration of Legacy Week—30 August to 4 September 2015.

 

With the exception of Scotts Head (as there is no Chamber of Commerce for Scotts Head) the Chambers of Commerce for Nambucca Heads, Macksville and Bowraville have all indicated that they have no objection to Legacy Badges being sold in their CBDs during Legacy Week.

 

To support Legacy Council has been making an annual donation of $200 for several years.

 

 

CONSULTATION:

 

Grants and Contributions Officer

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

This report has no impact on the environment.

 

Social

 

There are no social impacts resulting from this report.

 

Economic

 

There are no economic impacts.

 

Risk

 

There is no risk to in regard to this report.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

There is no indirect impact on current or future budgets.

 

Source of fund and any variance to working funds

 

Funds are available from the donations budget.

 

Service level changes and resourcing/staff implications

 

There are no implications to service level or staff.

 

 

Attachments:

1

16351/2015 - Legacy request to sell badges September 2015

 

  


Ordinary Council Meeting - 30 July 2015

Donation and Fee Waivers

 


Ordinary Council Meeting                                                                                                     30 July 2015

General Manager's Report

ITEM 9.4      SF2038            300715         Outstanding DA's greater than 12 months,
applications where submissions received
not determined from 9 July 2015 to 22 July 2015

 

AUTHOR/ENQUIRIES:    Lisa Hall, Technical Officer Planning         

 

Summary:

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

 

Table 2 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 information be noted by Council.

 

 

 

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

 

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

 

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

 

DA NO

DATE OF RECEIPT

PROPOSAL

PROPERTY DESCRIPTION

2015/066

27/05/2015

Depot

Lot 10 Section 1 DP 758085, 32 Pacific Highway, Nambucca Heads

SUBMISSIONS RECEIVED/STAFF COMMENTS

Three public submissions has been received. All oppose the proposal

 

·        The development has already commenced without Council approval

·        The containers in the back yard should be painted or moved as they are an eyesore and lower the value of adjoining properties

·        Back gate is often open during the day and the back yard is very untidy and messy

·        Trucks and other vehicles enter the property from Mumbler Street, damaging the kerb and gutter and vacant land

·        The front driveway is shared with another property – who will maintain this?

·        Cars are often parked across the footpath, cycleway and grass verge of the highway which creates a safety concern for neighbouring properties and those using the footpath and cycleway.

·        There are ongoing discussions between a local Aboriginal family and the Nambucca Heads Local Aboriginal Land Council concerning an adjoining property with which the family has cultural and heritage links.

 

DA NO

DATE OF RECEIPT

PROPOSAL

PROPERTY DESCRIPTION

2015/067

27/05/2015

Two Lot Subdivision

Lot 10 DP 584683, 9 Richards Road, Newee Creek

SUBMISSIONS RECEIVED/STAFF COMMENTS

One public submission has been received – it opposes the development

·        The development would further contribute to a dust problem, therefore Newee Creek Road should be sealed from the end of the current bitumen to the furthest edge of the proposed subdivision.

 

DA NO

DATE OF RECEIPT

PROPOSAL

PROPERTY DESCRIPTION

2015/104

7/07/2015

Dam

Lot 543 DP 618813, 537 Old Coast Rd, North Macksville

SUBMISSIONS RECEIVED/STAFF COMMENTS

One public submission has been received – it opposes the development

·        Concerns raised about noise pollution from pumps, air pollution from pesticides from associated blueberry farming, and water pollution.

·        It was felt that not enough information was provided about compliance with SEPP 44 – Koala Habitat and SEPP 62 – Sustainable Aquaculture, the visual compatibility of the dam with the surrounds, the number of trees to be removed and the crest of the dam height.

 

DA NO

DATE OF RECEIPT

PROPOSAL

PROPERTY DESCRIPTION

2015/099

2 July 2015

132 Lot Residential Subdivision

Lot 1 DP 1119830, Marshall Way, Nambucca Heads

SUBMISSIONS RECEIVED/STAFF COMMENTS

One public submission has been received – it opposes the development

·        The increase in expected traffic raises major concerns re safety (particularly for the elderly and the young), congestion, parking within the Plaza and speeding.

·        Concerned that there isn’t enough local infrastructure and services to support new residents eg doctors.

·        A community forum should be held to gauge dissatisfaction with the proposal

 

DA NO

DATE OF RECEIPT

PROPOSAL

PROPERTY DESCRIPTION

2015/097

30 June 2015

Environmental Protection Works

Lot 7 DP 248676 & Lot 3 DP 817508, 250 & 412 Gumma Rd Gumma

SUBMISSIONS RECEIVED/STAFF COMMENTS

One public submission has been received – it opposes the development

·           The structures will lead to a build up of storm and flood water on their property

·           Marine and aquatic creatures will not be able to access waterways to breed

 

Attachments:

There are no attachments for this report.  


Ordinary Council Meeting                                                                                                     30 July 2015

General Manager's Report

ITEM 9.5      SF1031            300715         New Draft Policy - Local Orders Policy

 

AUTHOR/ENQUIRIES:    Lisa Hall, Technical Officer Planning         

 

Summary:

 

A new draft Policy titled Local Orders Policy has been prepared as a result of a review of Council’s Local Approvals Policy – Keeping of Animals.

 

As well as providing updated criteria for Council officers to consider before issuing a Notice or Order in relation to the keeping of animals, the draft Policy provides criteria in relation to all possible Orders that Council officers can issue under the Local Government Act 1993.

 

 

Recommendation:

 

1        That Councillors provide any comments on the draft policy within 14 days, after which it will be placed on public exhibition (if no comments are received) or reported back to Council prior to exhibition (if comments are received.

 

2        That, if the draft Policy “Local Orders Policy” is adopted by Council, Council’s current Policy titled “Local Approvals Policy – Keeping of Animals” be deleted at that time.

 

 

 

OPTIONS:

 

1        Council may place the draft Policy as attached on exhibition.

 

2        Council may choose to amend the draft Policy prior to placing it on exhibition.

 

3        Council may choose not to place the draft Policy on exhibition and to keep using the current Policy.

 

 

DISCUSSION:

 

When Council staff were preparing the new and adopted Local Approvals Policy, the current Policy “Local Approvals Policy – Keeping of Animals” was reviewed.  It was noted that the Policy was incorrectly named, as approvals are not required for the keeping of animals, but orders may be issued relating to their care in certain circumstances.

 

Rather than simply rename the Policy, it was decided to update the criteria in relation to the keeping of animals and to expand the Policy to provide criteria for all Orders which can be issued by Council under the Local Government Act 1993, not just those relating to animals.

 

The issuing of Orders is dealt with under Chapter 7 Part 2 of the Local Government Act 1993. Section 124 lists all the orders which may be issued by Council.

 

The attached draft Policy is set out in the same way as the Local Government Act and provides criteria for Council’s officers to consider so they can easily determine whether or not a particular activity requires an Order to be issued.

 

Under Section 160 of the Act, the draft Policy must be publicly advertised for 28 days with submissions to be accepted by Council for 42 days from when the draft Policy is placed on exhibition. Once the exhibition period is closed, the draft Policy and any submissions made will be reported to Council. Council, once the submissions have been considered, may choose to adopt the Policy as exhibited, amend the Policy and exhibit it again, if the changes are considered substantial, or not adopt the Policy.

 

 

CONSULTATION:

 

Councillors

General Manager

Management Development and Environment

Business Services Officers

Senior Health and Building Surveyor

Area Health & Building Surveyors

Ranger

Plumbing & Drainage Inspector

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

Having a Local Orders Policy will enable Council officers to efficiently and effectively deal with matters which may be having a negative impact on the environment.

 

Social

 

The draft policy identifies a consistent set of criteria in protecting amenity and safety of the neighbourhood at a local level and also promotes consistency in the decision making process, by providing guidance to Council officers. It makes Council’s policies and requirements for orders readily accessible and understandable to the public and establishes a system which can effectively resolve disputes and conflicts as they arise.

 

Economic

 

The draft Policy contains criteria to assist Council officers in issuing Notices and Orders so that activities which may be having a negative impact on adjoining businesses will cease and/or be better controlled.

 

Risk

 

The draft Policy will reduce risk in the areas of compliance and enforcement by enabling consistency and fairness in issuing orders.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

With the exception of the advertising fee, there is no impact on the current or future budgets.

 

Source of fund and any variance to working funds

 

Not applicable.

 

Service level changes and resourcing/staff implications

 

Having a Local Orders Policy provides greater certainty for Council officers when considering issuing a Notice or Order and should streamline Council’s responses to various issues. Accordingly, adoption of the draft Policy is likely to result in a positive effect on both service levels and resourcing, by enabling issues to be dealt with more quickly. It will also assist new staff to quickly adapt to Council’s culture.

 

Attachments:

1

35564/2014 - Draft Local Orders Policy

 

  


Ordinary Council Meeting - 30 July 2015

New Draft Policy - Local Orders Policy

 

 

 

Description: nambucca valley nsc

 

 

NAMBUCCA SHIRE COUNCIL

DRAFT LOCAL ORDERS POLICY

 

 

Our Vision

 

Nambucca Valley ~ Living at its best

 

Our Mission Statement

 

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

 

 

What is the name of this Policy?

This policy (“the policy”) is called the Nambucca Shire Council Local Orders Policy 2015.

 

Where does the policy apply?

It applies to the whole of the Nambucca Shire Council local government area.

 

What is the purpose of this Policy?

The Policy aims:

·        To make the Council’s policies and requirements for orders readily accessible and understandable to the public.

·        To ensure consistency and fairness in the manner in which the Council deals with issuing orders.

·        To establish a system which can effectively resolve disputes and conflicts as they arise.

 

When will the Policy be revoked?

The Policy is automatically revoked at the expiration of 12 months after the declaration of the poll for the next general election, unless the Council revokes it sooner.

NOTE: Automatic revocation of the Policy is provided for by Section 165 of the Act.

Section 163 of the Act requires that the Policy is void if it is inconsistent with the Act or the regulations.  Section 164 of the Act requires that the policy cannot impose a more onerous criterion than does the Act or regulations in relation to a specified aspect of an activity

 

 

 

 

Department:

Development & Environment

Last Reviewed

Resolution Number

Author:

Technical Officer Planning

 

 

Document No.

35564/2014

 

 

First Adopted:

 

 

 

Resolution No:

 

 

 

Review Due:

 

 

 

 


 

PART 1 – CRITERIA COUNCIL MUST CONSIDER... 4

Order No 1 (d) 4

Order No 3 (c) 4

Order No. 5 (a) (b) (d) (e) and (f) – Various matters. 5

Order No. 5 (g) & (h) – Water meter on premises and water and sewerage supply systems. 5

Order No. 7 – Fence land.. 6

Order No. 8 – Identify premises. 6

Order No. 9 - Water body. 7

Order No. 10 - Articles. 7

Order No. 11 – Environmental damage. 8

Order No.12 – Control surface water. 8

Order No.15 – Not conduct an activity. 9

Order No.16 – Cease use or evacuate premises. 10

Order No.17 – Leave or not enter premises. 10

Order No.18 - Animals. 10

Order No. 19 – Tennis court 11

Order No. 20 - Food.. 11

Order No. 21 – Safety and health.. 12

Order No. 22 – Waste. 13

Order No. 22A – Removal of waste. 14

Order No. 23 – Connect to water supply. 14

Order No. 24 – Connect to sewerage system... 14

Order No. 25 – Human waste. 15

Order No. 27 – Public place, remove object or matter. 15

Order No. 28 – Public place, prevent or repair damage. 16

Order No. 29 – Public place, alter or repair work or structure. 17

Order No.30 – Comply with an approval 17

Order under Section 125 of the Local Government Act 1993. 17

PART 2 – OTHER MATTERS RELATING TO ORDERS.. 19

1        What must council consider before giving an order?.. 19

2        What must be done before an order is served?.. 19

3        Who can make representations?.. 19

4        How should representations be made and considered?.. 19

5        What does Council do after hearing representations?.. 19

6        Are there any exemptions to these procedures?.. 19

7        What information should the order contain?.. 20

8        How long does Council have to consider whether the proposed works meet the standards specified in an order?   20

9        Can Council recover any expenses involved in this process?.. 20

10      How do orders affect heritage items?.. 20

11      How is an order given and when does it take effect?.. 20

12      Does Council have the power to give an order under another act?.. 21

13      What happens when a person fails to comply with an order?.. 21

14      Is an approval necessary for work to be undertaken?.. 21

15      Must an occupier of land permit an owner to carry out work?.. 21

16      Can Council carry out the works?.. 21

17      What rights of appeal does a person have against an order or part of an order?.. 21

18      Does the appeal prevent the order from operating?.. 21

19      Is a building owner entitled to any compensation from Council for expenses involved in complying with an order?   21

20      Overview of legal process to issue an order. 22

21      Dictionary. 23


 

PART 1 – CRITERIA COUNCIL MUST CONSIDER

Local Government Act 1993

There are various statutory criteria that Council must consider when giving an order, as imposed by the Local Government Act 1993, as well as standards derived from the Local Government (General) Regulation 2005.  This policy also adopts additional criteria for consideration.

 

Details of the various types of orders are provided under the respective headings below, including:

a)  To do what? What types of action can be required to be taken.

b)  In what circumstances? Restrictions on the particular circumstances in which an Order may be given.

c)  To whom? Whom must the order be issued to.

 

Order No 1 (d)

To demolish or remove a building

In what circumstances?

Building is erected in a catchment district and causes or is likely to cause pollution of the water supply

To whom?

Owner of building

Criteria

When determining whether a Notice of Proposed Order or Order is to be given, the following criteria are to be taken into consideration, where relevant

a)   Whether there is a change (through an act or omission) to the physical, chemical or biological condition of the waters as a result of any pollution.

b)   Whether (through an act or omission) refuse, litter, debris or other matter, whether solid or liquid or gaseous, makes, or is likely to make, the waters unclean, noxious, poisonous or impure, detrimental to the health, safety, welfare or property of persons, undrinkable for farm animals, poisonous or harmful to aquatic life, animals, birds or fish in or around the waters or unsuitable for use in irrigation.

c)   The type and/or extent of controls in place to prevent spills and/or water pollution.

Order No 3 (c)

To repair or make structural alterations to a building

In what circumstances?

Building is erected in a catchment district and causes or is likely to cause pollution of the water supply

To whom?

Owner of building

Criteria

When determining whether a Notice of Proposed Order or Order is to be given, the following criteria are to be taken into consideration, where relevant

a)  Whether there is a change (through an act or omission) to the physical, chemical or biological condition of the waters as a result of any pollution.

b)  Whether (through an act or omission) refuse, litter, debris or other matter, whether solid or liquid or gaseous, makes, or is likely to make, the waters unclean, noxious, poisonous or impure, detrimental to the health, safety, welfare or property of persons, undrinkable for farm animals, poisonous or harmful to aquatic life, animals, birds or fish in or around the waters or unsuitable for use in irrigation.

c)  The type and/or extent of controls in place to prevent spills and/or water pollution.

 

Order No. 5 (a) (b) (d) (e) and (f) – Various matters

To do what?

To take such action as is necessary to bring into compliance with relevant standards or requirements set or made or under this Act:

a) a camping ground, caravan park or manufactured home estate

b) a moveable dwelling or manufactured home

c) (Repealed)

d) a place of shared accommodation

e) a hairdressers shop or beauty salon

f)  a mortuary.

In what circumstances?

Failure to comply with relevant standards or requirements set or made by or under this Act.

To whom?

Owner, occupier or manager.

Criteria

When determining whether a Notice of Proposed Order or Order is to be given, the following criteria are to be taken into consideration, where relevant:

a) The provisions of the Local Government (Manufactured Home Estates, Caravan Parks, Camping Grounds and Moveable Dwellings) Regulation 2005.  See Clause 82 of the Local Government (General) Regulation 2005.

b) Schedule 2, Part 1-“Standards for Place of Shared Accommodation” in the Local Government (General) Regulation 2005.  See Clause 83 of the regulation.

c) Schedule 2, Part 2-“Standards for Hairdresser Shops” in the Local Government (General) Regulation 2005.  See Clause 84 of the regulation.

d) Schedule 2, Part 3 “Standards for Beauty Salons” in the Local Government (General) Regulation 2005.  See Clause 85 of the regulation.

e) Schedule 2, Part 4 “Standards for Mortuaries” in the Local Government (General) Regulation 2005.  See Clause 86 of the regulation.

 

Order No. 5 (g) & (h) – Water meter on premises and water and sewerage supply systems

To do what?

To take such action as is necessary to bring into compliance with relevant standards, or requirements set or made or under this Act:

a) a water meter, water supply or sewerage system on premises, but only in relation to any work that is not plumbing and drainage work within the meaning of the Plumbing and Drainage Act 2011.

In what circumstances?

Failure to comply with relevant standards or requirements set or made by or under this Act.  Also see Clause 88 of the Local Government (General) Regulation 2005.

To whom?

Owner, occupier or manager or, in the case of a water meter, water supply or sewerage system in respect of which a defect occurs in work due to faulty workmanship of, or defective material supplied by, a licensed contractor (being the holder of a licence in force under the Home Building Act 1989 authorising the holder to contract to do the work) within 12 months after the work is carried out or the material is supplied, the licensed contractor.

Criteria

When determining whether a Notice of Proposed Order or Order is to be given, the following criteria are to be taken into consideration, where relevant:

a) Whether the circumstances have arisen within 12 months of work being undertaken on the affected part of a water meter, water supply or sewerage system by a licensed contractor.

b) Whether an order has been made, or is being considered, by the Consumer, Trader and Tenancy Tribunal under the Home Building Act 1989 against a licensed contractor.

c) Whether the circumstances are unrelated to the work of a licensed contractor.

 

Order No. 7 – Fence land

To Do What?

To fence land.

In What Circumstances?

Public health, safety or convenience renders it necessary or expedient to do so and there is no adequate fence between the land and a public place.

To Whom?

Owner or occupier of land.

Criteria

When determining whether a Notice of Proposed Order or Order is to be given, the following criteria are to be taken into consideration:

a) Whether the condition, location or use of the land poses a threat to the health, safety and convenience of the public.

 

Order No. 8 – Identify premises

To Do What?

To identify premises with such numbers or other identification in such a manner as is specified in the Order.

In What Circumstances?

Premises have a frontage to or entrance from a road and there are no markings that can readily be seen and understood from the road.

To Whom?

Owner or occupier of land.

Criteria

When determining whether a Notice of Proposed Order or Order is to be given, the following criteria are to be taken into consideration:

a) Whether there is unauthorised use of, or duplication of, numbers.

b) Whether numbers are not in accordance with the street patterns.

c) Whether there is potential for confusion in the identification of premises.

d) Whether the owner/occupier had not complied with Council’s request for rectification.

 

Order No. 9 - Water body

To Do What?

To fence, empty, fill in or cover up a hole or waterhole in the manner specified in the Order.

In What Circumstances?

Hole or waterhole is or may become dangerous to life.

To Whom?

Owner or occupier of land

Criteria

When determining whether a Notice of Proposed Order or Order is to be given, the following criteria are to be taken into consideration:

a)   The hole or waterhole is located within or adjoining/adjacent to an urban area and is directly accessible from a public place or another private property, and/or

b)   The hole or waterhole is not adequately covered or fenced to the minimum requirements of the Swimming Pools Act 1992 to prevent direct access to it from a public place or any other private property, and/or

c)   The nature, location and depth of the hole or waterhole are considered to be dangerous to life.

Criteria Does Not Include:

Any hole or waterhole that falls under the definition of a swimming pool as defined in the Swimming Pools Act 1992, or one that is located outside of an urban area except for a) above.

 

Order No. 10 - Articles

To Do What?

To remove or stack articles or matter, to cover articles or matter, to erect fences or screens or to plant trees.

In What Circumstances?

Land is in the immediate vicinity of a public place and is used for the storage of articles or matter so as to create or be likely to create unsightly conditions.

To Whom?

Owner or occupier of land

Criteria

When determining whether a Notice of Proposed Order or Order is to be given, the following criteria are to be taken into consideration:

a)   Definition of “article” or “matter” includes but is not limited to:-

I. Disused motor vehicles, caravans, trailers, boats or associated parts;

II. Disused machinery, equipment and appliances;

III.      Old, used or second-hand materials (including building materials);

IV.      Sand, soil, rock, blue metal and any other material derived from any extraction or dredging process;

V.      Any organic or vegetative material;

VI.      Any industrial or commercial waste products;

VII.     Any household rubbish or waste;

VIII.    Any recycled or composted material;

IX.      Furniture.

b)   Definition of “Land in the immediate vicinity of a public place” is any land that immediately adjoins a public place.

c)   The article(s) or matter must be visible from the public place.

 

Order No. 11 – Environmental damage

To Do What?

To do or to refrain from doing such things as are specified in the order to prevent environmental damage, to repair environmental damage or to prevent further environmental damage.

In What Circumstances?

Work carried out on land has caused or is likely to cause environmental damage, being damage to the physical environment that is caused by:

a)   drainage; or

b)   drainage works; or

c)   obstructing a natural watercourse other than by a work constructed or used under a water management work approval granted under the Water Management Act 2000,

not being environmental damage arising from premises, works or equipment the subject of a licence issued under the Protection Of the Environment Operations Act 1997 or the subject of a notice or direction issued by a regulatory authority under that Act.

To Whom?

Owner or occupier of land

Criteria

When determining whether a Notice of Proposed Order or Order is to be given, the following criteria are to be taken into consideration:

Physical environmental damage must be as a result of the flow of water over any land, discharged from the following sources:

a)   Drainage, being a drain or system of drains, whether artificial or natural, which are designed for the carrying of water other than sewerage and which includes a natural water course, or;

b)   Drainage works, being any part of the on-site process involved in the construction of a drain or drainage system and which includes, but is not limited to site excavation, materials, compiling and any associated buildings works, or;

c)   Obstruction of a natural water course, being the carrying out of building works or the deposition of any material in such a position as to block or restrict the flow of water within or to redirect the flow of water away from a natural water course.

 

Order No.12 – Control surface water

To Do What?

To do such things as are necessary to control the flow of surface water across land.

In What Circumstances?

Other land, or a building on the land or other land, is being damaged or is likely to be damaged.

To Whom?

Owner or occupier of land

Criteria

When determining whether a Notice of Proposed Order or Order is to be given, the following criteria are to be taken into consideration:

a)    Erosion of land is occurring from the flow of surface water.

b)    Physical damage to a building is or has occurred or there is sufficient evidence to suggest that it is likely to occur.

c)    Surface water flows across the land boundary onto other land.

Situations where this Order may apply include, but are not limited to:

a)    Water from defective guttering, down pipes or drainage (including underground drainage pipes).

b)    Water from roofs not fitted with guttering.

c)    Emptying or backwashing swimming pools.

d)    Surface water that has been purposely redirected away from its natural direction of flow towards other land.

Criteria Does Not Include:

a)    Stormwater runoff which is NOT redirected in any manner (i.e. natural surface flow) and follows existing natural land contours.

b)    Surface water runoff occurring in periods of exceptionally heavy rain.

c)    Surface water flowing down existing hard surface areas such as driveways, tennis courts, concrete slab or paved areas unless drainage has not been adequately addressed due to the size and slope of catchment.

d)    Discharges from defective or blocked private stormwater easements.

e)    Overflows from absorption pits where contours of land and lack of access prevent direct connection of a building’s stormwater drainage system to Council’s Stormwater Drainage System.

f)     Runoff from any building or development work that is the subject of a Development Consent and has been constructed in accordance with that consent.

g)   Any circumstance in which the flow of surface water across land is capable of being regulated by the Environmental Protection Authority constitutes a circumstance where an order No 12 cannot be made.

 

Order No.15 – Not conduct an activity

To Do What?

Not to conduct, or to cease conducting, an activity on premises (whether or not the activity is approved under this Act).

In What Circumstances?

The activity constitutes or is likely to constitute:

a) a life threatening hazard; or

b) a threat to public health or public safety

and is not regulated or controlled under any other Act by a public authority.

 

To Whom?

Any persons apparently engaged in promoting, conducting or carrying out the activity.

Criteria

When determining whether a Notice of Proposed Order or Order is to be given, the following criteria are to be taken into consideration.

a)   The activity being carried out is causing or is likely to cause a life threatening hazard or a threat to public health or public safety to any person whether on private or public land.

Situations where this Order may apply include, but are not limited to:

a)   Use of a defective septic tank or a septic closet on premises after the date specified (in an Order No 24 served on the owner or occupier of the premises) being the date by which the premises were required to be connected with a sewerage system.

b)   Construction work on a septic tank or a septic closet on premises after the date specified (in an Order No 24 served on the owner or occupier of the premises) being the date by which the premises were required to be connected with a sewerage system

Criteria Does Not Include:

a)   Any activity that is covered by any other Act or Regulation.

b)   Any activity that is controlled by another authority

 

Order No.16 – Cease use or evacuate premises

To Do What?

To cease the use of premises or to evacuate premises.

In What Circumstances?

A person to whom Order No. 15 is given has failed to comply with the Order.

To Whom?

The person to whom Order No. 15 is given.

Criteria

No additional criteria.

 

Order No.17 – Leave or not enter premises

To Do What?

To leave premises or not to enter premises.

In What Circumstances?

A person to whom Order No. 15 is given has failed to comply with the Order.

To Whom?

Any person

Criteria

No additional criteria.

 

 

Order No.18 - Animals

To Do What?

Not to keep birds or animals on premises, other than of such kinds, in such numbers or in such manner as specified in the order.

In What Circumstances?

Birds or animals kept on premises are:

a) in the case of any premises (whether or not in a catchment district) - of an inappropriate kind or number or are kept inappropriately; or

b) in the case of premises in a catchment district—birds or animals (being birds or animals that are suffering from a disease which is communicable to man or to other birds or animals) or pigs

To Whom?

Occupier of premises.

Criteria

Please see Appendix 1 for detailed criteria regarding a) birds or animals of an inappropriate kind or number or are kept inappropriately.

In the case of b) premises in a catchment district, when determining whether a Notice of Proposed Order or Order is to be given, the following additional criteria are to be taken into consideration, where relevant

a)  Whether there is a change (through an act or omission) to the physical, chemical or biological condition of the waters as a result of any pollution.

b)  Whether (through an act or omission) refuse, litter, debris or other matter, whether solid or liquid or gaseous, makes, or is likely to make, the waters unclean, noxious, poisonous or impure, detrimental to the health, safety, welfare or property of persons, undrinkable for farm animals, poisonous or harmful to aquatic life, animals, birds or fish in or around the waters or unsuitable for use in irrigation.

c)  The type and/or extent of controls in place to prevent spills and/or water pollution.

 

Order No. 19 – Tennis court

To Do What?

To use or not to use a tennis court as specified.

In What Circumstances?

Actual or likely annoyance or threat to the safety of neighbours or users of a public place.

To Whom?

Occupier of land

Criteria

When determining whether a Notice of Proposed Order or Order is to be given, the following criteria are to be taken into consideration:

a)   Tennis courts are not to be used after sundown unless otherwise approved by Development Consent.

b)   Tennis courts on private property shall not be used for commercial purposes without Development Consent being issued, i.e. for hire to non-residents of the property.

 

 

Order No. 20 - Food

To Do What?

To do such things as are specified in the Order to put premises, vehicles or articles used for the manufacture, preparation, storage, sale, transportation or other handling or use of or in relation to food into a clean or sanitary condition.

In What Circumstances?

The premises, vehicle or article, is not in a clean or sanitary condition.

To Whom?

Owner or occupier of premises or owner or operator of vehicle or article.

Criteria

When determining whether a Notice of Proposed Order or Order is to be given, the following criteria are to be taken into consideration:

a)   The premises, including any fixtures, fittings, utensils and equipment has not been adequately cleaned and there are accumulations of dirt, dust, grease, oil, food matter or any other matter that could contaminate or likely contaminate any food stuffs present on the premises

b)   The food handling procedures and hygiene standards of operators create such unsanitary conditions that will cause contamination or is likely to cause contamination of any food stuffs present on the premises.

c)   There is “non-compliance with the following standards that cause the premises to be in an unclean or unsanitary condition as described above:

I. The Australia New Zealand Food Standards Code.

II. Australian Standard 1668.2 The Use of Ventilation and Air Conditioning in Buildings – Ventilation Design for Indoor Air Contaminant Control.

d)   In the case of water carting vehicles (See Clause 93 of the Local Government (General) Regulation 2005):

I. Whether a vessel used on a vehicle to cart water has an aperture that is large enough to enable easy inspection of the interior or thorough cleaning of the interior.

II. Whether the cover of any such aperture is of a kind that is able to be kept thoroughly clean.

 

Order No. 21 – Safety and health

To Do What?

To do or refrain from doing such things as are specified in the Order to ensure that land is, or premises are, placed or kept in a safe or healthy condition.

In What Circumstances?

The land or premises are not in a safe or healthy condition.

To Whom?

Owner or occupier of land or premises.

Criteria

Land or premises would be considered not to be in a safe and or healthy condition if the safety or the health of the owner or occupier of the land or premises, or the community, is detrimentally affected.  Criteria and actions that need to be considered include, but are not limited to:

a)   The abatement of dampness in walls and ceilings in any property;

b)   The repair of leaky roofs and renewal or repair of defective guttering and downpiping [where it causes health & safety issues and not damage - See Order 12];

c)   Provision of adequate wholesome water supply;

d)   The renewal of broken window glass and sash cords to render windows capable of being opened top and bottom;

e)   The removal of defective floor timbers and stair treads and replacement with sound material;

f)    The renewal or repair of waste pipes; and sanitary fittings and flush pipe to water closet pans;

g)   Clearing of choked sewerage service pipes;

h)   Repair of defective septic tanks, pipes and absorption pits;

i)    The removal of the following accumulations which are likely to afford harbourage for vermin or otherwise pose a threat to health and safety to any person:

I. disused and/or second-hand building materials or household fixtures and fittings;

II. dilapidated and/or abandoned motor vehicle or ancillary parts and accessories or machinery;

III.      dilapidated and/or abandoned boats, watercraft, trailers or caravans;

IV.      disused and/or second-hand containers, bottles, scrap metal, waste paper, rags, rubbish or other scrap materials; and

V.      tree trunks, tree stumps, organic material, vegetation or firewood;

j)    Provision of suitable facilities for toilet, kitchen sink, bathing and for washing of clothes with hot and cold water provided.

k)   Provision of suitable cooking facilities;

l)    The control of animal enclosures in so far as their operational aspects in relation to environmental health is concerned.

m)  The treatment of an untreated swimming pools or excavation where the condition of the water within is or is likely to be breeding mosquitoes.

n)   The boarding up or fencing off of a dilapidated building to prevent unauthorised access where there is a safety issue from injury or fire.

o)   Cleaning of garbage containers.

p)   Potential for collapse of a structure, or part thereof, such as a wall, fence or other building.

q)   Disconnection of an electric fence from its energiser or otherwise rendering it inoperable.

Criteria Does Not Include:

Defective retaining walls, buildings or structures that are dilapidated or appear defective if they:

a) are located on private property and

b) would not impact upon any adjoining public land if they were to collapse and

c) would not pose a threat to health and safety of persons on the adjoining public land in any way.

Where the condition of land or premises in respect of health or safety is capable of being regulated by the Environment Protection Authority, Council is excluded from making Order No. 21.

 

Order No. 22 – Waste

To Do What?

To store, treat, process, collect, remove, dispose of or destroy waste which is on land or premises in the manner specified in the order, provided that it is not inconsistent with the regulations made under the Protection of the Environment Operations Act 1997

 

In What Circumstances?

Waste is present or generated on the land or premises and is not dealt with satisfactorily, and is not regulated or controlled by, or subject to, a licence or notice issued under the Protection of the Environment Operations Act 1997.

To Whom?

Owner or occupier of land or premises, owner of or person responsible for the waste or for any receptacle or container in which the waste is contained.

Criteria

When determining whether a Notice of Proposed Order or Order is to be given, the following criteria are to be taken into consideration:

a)   Waste is being placed on the roadway for collection by Council not in the approved impervious receptacles with close-fitting lids that are provided by Council.

b)   Waste is present on land or premises and is not being properly stored, collected or removed satisfactorily from those premises.

c)   Defective site absorption septic tank system.

d) Disposal of human waste on site without an approved method of waste disposal.

 

Order No. 22A – Removal of waste

To Do What?

To remove or dispose of waste that is on any residential premises or to refrain from keeping waste on those premises

In What Circumstances?

The waste is causing or is likely to cause a threat to public health or the health of any individual

To Whom?

Owner or occupier of premises.

Criteria

When determining whether a Notice of Proposed Order or Order is to be given, the following criteria are to be taken into consideration:

a)    Waste has accumulated on the premises which is likely to afford harbourage for vermin or otherwise pose a threat to health and safety to any person

 

Order No. 23 – Connect to water supply

To Do What?

To connect premises to the council’s water supply by a specified date.

In What Circumstances?

The premises are situated within 225 metres of a water pipe of the Council.

To Whom?

Owner or occupier of land.

Criteria

When determining whether a Notice of Proposed Order or Order is to be given, the following criteria are to be taken into consideration:

a) The distance from the premises to the connection point of the water supply must be no further than 225 metres and:

I. have legal access using an easement for water services over any adjoining premises to the water connection point, or

II. has access to the water supply located within an adjoining Council road reserve and

III.      connection to the water supply can only be made via a connection point established by Council.

 

Order No. 24 – Connect to sewerage system

To Do What?

To connect premises with a sewerage system by a specified date.

In What Circumstances?

The premises are situated within 75 metres of a sewer of the Council.

To Whom?

Owner or occupier of premises.

Criteria

When determining whether a Notice of Proposed Order or Order is to be given, the following criteria are to be taken into consideration:

a) The distance from the premises to the connection point of the sewer must be no further than 75 metres and:

IV.      have legal access using an easement for sewerage services over any adjoining premises to the sewer connection point, or

V.      has access to the sewer located within an adjoining Council road reserve and

VI.      connection to the sewer can only be made via a junction point established by Council.

b) Whether the existing sewage management facility is so defective to be a threat to public health and/or is or likely to have a detrimental impact on the environment.

 

Order No. 25 – Human waste

To Do What?

Not to use or permit the use of a human waste storage facility on premises after a specified date.

In What Circumstances?

It is necessary for the purpose of protecting public health.

To Whom?

Owner or occupier of premises

Criteria

When determining whether a Notice of Proposed Order or Order is to be given, the following criteria are to be taken into consideration.

a)   The human waste storage facility is so defective or poorly designed so as to permit human waste to discharge or overflow from the storage facility onto the adjacent ground or floor area and in such a manner to be a danger to the health of the public.

Criteria Does Not Include:

Where the use of human waste storage facilities is capable of being regulated by the Environment Protection Authority, Council is excluded from making an Order No. 25.

 

 

Order No. 27 – Public place, remove object or matter

To Do What?

To remove an object or matter from a public place or prevent any object or matter being deposited there.

In What Circumstances?

The object or matter:

a)   is causing or is likely to cause an obstruction or encroachment of or on the public place and the obstruction or encroachment is not authorised by or under any Act, or

b)   is causing or is likely to cause danger, annoyance, or inconvenience to the public.

To Whom?

Person causing obstruction or encroachment or owner or occupier of land from which the object or matter is likely to emanate.

Criteria

When determining whether a Notice of Proposed Order or Order is to be given, the following criteria are to be taken into consideration:

a) Definition of object or matter: Any article, item or thing which is visible and tangible and includes but is not limited to:

I. Advertising sign, advertisements generally;

II. Motor vehicles or motor vehicle parts;

III.      Caravans or caravan parts;

IV.      Trailers/boats or trailer/boat parts;

V.      Machinery, equipment and appliances;

VI.      Second-hand materials including building materials;

VII.     Demolition materials;

VIII.    Scrap materials;

IX.      Sand, soil rock, blue metal and any other material derived from any construction or dredging process;

X.      Any organic or vegetative material;

XI.      Any industrial or commercial waste product;

XII.     Any household fixtures, rubbish or waste;

XIII.    Second-hand containers, bottles , scrap metal, waste paper, rags, or rubbish;

XIV.   Any recycled or composted material;

Criteria Does Not Include:

This criteria does not include the placing of articles on a public place during a designated period of a council clean up provided these articles do not breach conditions (a) and (b) above.

 

Order No. 28 – Public place, prevent or repair damage

To Do What?

To take whatever steps are necessary to prevent damage to a public place and repair damage to a public place.

In What Circumstances?

There is actual or likely damage:

a) by excavation or removal of material from or adjacent to the public place; or

b) by a work or structure; or

c) by surface drainage or irrigation.

To Whom?

a)   Person responsible for the excavation or the removal of the material.

b)   Owner or person entitled to the benefit of the work or structure.

c)    Owner or occupier of land from which the surface drainage flows or from which spray emanates.

Criteria

When determining whether a Notice of Proposed Order or Order is to be given, the following criteria are to be taken into consideration:

a) Whether the activity is associated with any approval issued by Council.

b)   If the activity is related to an approval issued by Council, whether the conditions of the approval are being complied with.

 

Order No. 29 – Public place, alter or repair work or structure

To Do What?

To alter or repair a work or structure on, over or under a public place.

In What Circumstances?

It is in the public interest to do so.

To Whom?

Owner of the work or structure.

Criteria

When determining whether a Notice of Proposed Order or Order is to be given, the following criteria are to be taken into consideration.

a)   To alter or repair structures on, over, or under the public way not in accordance with approvals or considered unsafe or dangerous.

b)   Repairs required to private services within a public place such as, but not limited to, sewer services and roof water/storm water pipes not covered by lease agreements.

c)   Driveway crossings which are not being maintained in a safe condition.

d)   Shop awnings which are not being maintained in a safe or sightly condition.

e)   Maintenance of underground pipes within a public place.

 

Order No.30 – Comply with an approval

To Do What?

To comply with an approval.

In What Circumstances?

The approval is not being complied with.

To Whom?

Person entitled to act on the approval or person acting otherwise than in compliance with the approval.

 

Criteria

When determining whether a Notice of Proposed Order or Order is to be given, the following criteria are to be taken into consideration:

a) An approval granted by Council has not been complied with or

b) Conditions of an approval granted by Council have not been complied with.

 

Order under Section 125 of the Local Government Act 1993

To Do What?

To abate a public nuisance or order a person responsible for a public nuisance to abate it.

In What Circumstances?

Where a nuisance consists of interference with the enjoyment of public rights.  A nuisance is “public” if it materially affects the reasonable comfort and convenience of sufficient people to constitute the public or a section of the public.

To Whom?

The person(s) responsible for causing a public nuisance.

Criteria

When determining whether a Notice of Proposed Order or Order is to be given, the following criteria are to be taken into consideration:

a) The source of the nuisance need not be located on, or in, a public place.

b) The impact of the nuisance must affect the general public and not a localised group.

Example 1 - Lighting from a private premises impacting upon motor vehicle drivers on a public road.

Example 2 - Any wrongful or negligent act or omission in a public road that interferes with the full, safe and convenient use by the public of their right of passage is a public nuisance.


PART 2 – OTHER MATTERS RELATING TO ORDERS

1      What must council consider before giving an order?

Council must ensure that:

·        the type and circumstances of the order and the person on whom the order will be served are described in the Table to Section 124 of the Act; or

·        the activity constitutes a public nuisance under Section 125 of the Act; and

·        the relevant provisions of the Act, Regulations, Local Approvals Policy and any additional criteria adopted in a Local Orders Policy have been considered (LG Act s131).

 

2      What must be done before an order is served?

Council must issue a notice of intention to serve the order which provides the following information (Section 132):

·        the name of the person for whom the order is intended;

·        the terms of the proposed order;

·        how long the person will have to comply with the proposed order;

·        an opportunity for the person to make representations to council to explain why a proposed order should not be given or that the terms of, or period for compliance are, unreasonable;

·        how, when and to whom representations can be made (LG Act s132 (3));

·        right of appeal to the Land and Environment Court and time period within which an appeal may be made (LG Act s138).

 

3      Who can make representations?

The person on whom the proposed order is to be served (or their barrister, solicitor or agent) can make representations (LG Act s133).

 

4      How should representations be made and considered?

Representations can be made in writing to the General Manager.  Council must hear and consider any representations made regarding proposed orders (LG Act s134).  Consideration must be given to the special circumstances of any residents if order No 15A is proposed to be served.

 

5      What does Council do after hearing representations?

The council can proceed with the proposed order, make modifications to the order or not give the order (LG Act s135 (1)).

If modifications are made to the order as a result of the representations a further notice of intention is not required (LG Act s135 (2)).

 

6      Are there any exemptions to these procedures?

The procedures normally observed before giving orders do not apply to orders given, and expressed to be given, in an emergency and in the case of Order No 15 when the cessation of an activity is ordered because it constitutes a life threatening hazard, a threat to public health or public safety and is not regulated under any other Act or by a public authority (LG Act s129 (2)).

 


 

7      What information should the order contain?

The order should contain:

·        Reasons for the order (LG Act s136 (1)) except in urgent cases when reasons must be given the next working day (LG Act s36 (3)).

·        The period in which the terms of the order are to be complied with (LG Act s137 (1)).

·        Notice of the right to appeal against the order of part of the order (LG Act s138 (a)).

·        The time period within which an appeal can be made (s138 (b) including both periods where it is a “particulars of work” order).

·        Any relevant provisions of the Act, Regulations and Local Approvals Policy and Local Orders Policy not complied with (Local Government (General) Regulation 2005 cl 99(a)).

·        Notice that it is an offence not to comply with an order and the maximum penalty (Local Government (General) Regulation 2005 cl. 99(b)).

·        Notice that if the order is not complied with council can undertake the work and recover costs (Local Government (General) Regulation 2005 cl. 99(c)).

In addition an order may specify the standard a premises is to meet, the nature of work that would meet the specified standard and the time period (not exceeding 3 months) within which particulars of work must be submitted (LG Act s139).

 

8      How long does Council have to consider whether the proposed works meet the standards specified in an order?

Council has 28 days in which to consider the proposed works and can:

(1)    accept the proposed works without modification and order the completion of the works immediately;

(2)    accept the proposed works with modifications;

(3)    reject the proposed works

If council is still not satisfied with the proposed works, then it must within 3 months prepare a schedule of works and order the person to carry out those works (LG Act s141 (3)).  An order under section 141 forms part of the order under section 124 to which it relates.

 

9      Can Council recover any expenses involved in this process?

Yes, Council can recover any expenses in preparing particulars of work to be completed (LG Act s141 (5)).

 

10    How do orders affect heritage items?

Council must first consider the impact of the order on the heritage item and must notify the Heritage Council of its intention to serve an order if the item is listed in the Register of the National Estate or included as an order under the Heritage Act 1977 (s142 (1) (2) (3)).

 

11    How is an order given and when does it take effect?

A copy of the order can be served by a council officer or posted to the person to whom the order is addressed (LG Act s144).  It takes effect from the time it is served or a later time if specified in the order (LG Act s144).

 

 

12    Does Council have the power to give an order under another act?

Council is able to give orders under other Acts, provided that an authority has been given.  For example council may serve an order under the Environmental Planning and Assessment Act 1979, the Companion Animals Act 1998, Protection of the Environment Operations Act 1997, the Food Act 2003.  The relevant provisions of the respective acts will apply in such circumstances.

 

13    What happens when a person fails to comply with an order?

The person is guilty of an offence under the Act for failure to comply with an order (LG Act s628). The maximum penalties that apply to particular orders are as follows:

a)   Orders Nos 1, 3,5 and 7 to 12 - 50 penalty units for an individual and 100 penalty units for a corporation

b)   Orders Nos 15,16 and 17 - 100 penalty units for an individual and 200 penalty units for a corporation

c)   Orders Nos 18 to 25 and 27 to 29 – 20 penalty units.

d)   Order No 30 - The same penalty as the penalty imposed for carrying out the activity the subject of the approval otherwise than in accordance with the approval.

e) Order under Section 125 – 20 penalty units.

 

14    Is an approval necessary for work to be undertaken?

No, a person who carries out work in compliance with an order does not have to make an application for approval of the work. (LG Act s138A).

 

15    Must an occupier of land permit an owner to carry out work?

Yes, the occupier must within 2 days of the order being served allow the owner to do the work (LG Act s148 (1) (2)). However if the occupier does not permit the owner to do work the owner is not considered guilty of an offence for failure to comply (LG Act s148 (3)).

 

16    Can Council carry out the works?

Yes, if a person does not comply with the terms of an order then council can carry out the works and recover the costs (LG Act s141 (5) and s678).

 

17    What rights of appeal does a person have against an order or part of an order?

A person may appeal to the Land and Environment Court within 28 days of the order being served (LG Act s180 and Land and Environment Court Rules 1980 s17).

 

18    Does the appeal prevent the order from operating?

No, the order operates while the appeal is being heard in the Land and Environment Court.

 

19    Is a building owner entitled to any compensation from Council for expenses involved in complying with an order?

The only time a building owner is entitled to compensation is if Council orders the demolition of a building (Order No 1) or repair or make structural alterations to a building (Order No 3) that is located in a proclaimed catchment district which causes or is likely to cause the pollution of a water supply (LG Act s128).

20    Overview of legal process to issue an order

The diagram below provides an overview of the process followed when a Council is considering issuing an order.

 

Description: RxjUBSwCE0YpgXzSYe5R7g%3D%3D_g6

 

21    Dictionary

The dictionary below represents a partial extract from the dictionary of the Local Government Act 1993 and should be read in conjunction with this Local Approvals Policy.

act means the Local Government Act 1993.

council means the council of an area, and includes an administrator.

dwelling, in Division 1 of Part 8 of Chapter 15, means a building or part of a building used as a place of dwelling.

human waste means human faeces and urine.

human waste storage facility means a device for holding or disposing of human waste, including a cesspit, septic tank, septic closet, water closet, chemical closet, humus closet and combustion closet.

public road means a road which the public are entitled to use.

road includes:

a)   highway, street, lane, pathway, footpath, cycleway, thoroughfare, bridge, culvert, causeway, road-ferry, ford, crossing, by-pass and track way, whether temporary or permanent, and

b)   any part of a road and any part of anything referred to in paragraph (a), and

c)   anything forming part of a road or anything forming part of anything referred to in paragraph (a).

sewerage work means the construction, alteration, extension, disconnection, removal, ventilation, flushing, cleansing, maintenance, repair, renewal or clearing of any sewerage service pipes or fittings or fixtures communicating or intended to communicate, directly or indirectly, with:

a) a septic tank, an effluent or a sullage disposal system, or

b) any sewer of a council,

and includes work of sanitary plumbing and work of house drainage.

waste means:

a)   effluent, being any matter or thing, whether solid or liquid or a combination of solids and liquids, which is of a kind that may be removed from a human waste storage facility, sullage pit or grease trap, or from any holding tank or other container forming part of or used in connection with a human waste storage facility, sullage pit or grease trap, or

b)   trade waste, being any matter or thing, whether solid, gaseous or liquid or a combination of solids, gases and liquids (or any of them), which is of a kind that comprises refuse from any industrial, chemical, trade or business process or operation, including any building or demolition work, or

c)   garbage, being all refuse other than trade waste and effluent,

and includes any other substance defined as waste for the purposes of the Protection of the Environment Operations Act 1997, and a substance is not precluded from being waste merely because it is capable of being refined or recycled.

water supply work means the construction, alteration, extension, disconnection, removal, flushing, cleansing, maintenance, repair, renewal or clearing of any pipes or fittings of any water service communicating or intended to communicate, directly or indirectly, with any water main of a council, but does not include changing a washer.

 

Appendix 1

Keeping of Birds and/or Animals

 

When determining whether a Notice of Proposed Order or Order is to be given, the following general criteria are to be taken into consideration:

Neighbourly living criteria:

 

There are impacts on the health and safety of the local neighbourhood, such as:

·           The animal/s are habitually at large.

·           The animal/s have attacked/chased a person or animal; or displayed unreasonable aggression.

·           The attraction and/or presence of fleas, ticks, vermin, etc.

·           Whether unsanitary or unhealthy conditions have been created such as the accumulation of faeces, stale food, old bones, etc.

·           There is a foul odour, dust or drainage nuisance.

·           Persistent animal noise that continues to such a degree or extent that it unreasonably interferes with the peace, comfort or convenience of the neighbourhood.

·           The animal is located too close to a habitable building.

·           Water has been allowed to stagnate and mosquitos are breeding.

·           The mix and number of animals within a property is inappropriate to the location.

 

Environmental conditions criteria:

 

There is evidence of impact on the natural environment such as:

·           Detrimental effects to protected and environmentally sensitive areas.

·           Soil erosion and /or land degradation that interferes with an ecosystem.

·           Run-off associated with natural waterflow from animal enclosures and/or cleaning of these areas discharging into neighbouring properties or waterways.

·           Predation on local fauna.

 

There are no restrictions on the number of birds and animals that can be kept in the Shire in normal circumstances.  Limits and standards may be applied when:

·           A legitimate problem has been identified relating to the numbers and/or types of birds or animals kept upon a particular premise.

·           There is a detrimental impact on the health, amenity and safety of others.

·           Voluntary rectification of the problem does not occur; hence an order is required under the provisions of Section 124 of the Local Government Act 1993 to address the problems that have arisen.

 

Also see Part 5 of Schedule 2, “Standards for Keeping Birds and Animals”, under the Local Government (General) Regulation 2005.

 

Council’s regulatory powers do not extend to entering private property to seize an animal that may have been the subject of neglect or cruelty. In any such case, the RSPCA is the appropriate authority.

 

This part does not apply to animal establishments (which require development consent).

 

The following additional criteria has been developed for the benefit of all stakeholders including the Council, the pet owner/s, the immediate neighbours and the broader community to provide some guidance in the way respective animals should be kept on premises within the local government area. It should NOT be interpreted that the keeping of animals in excess of the numbers specified is prohibited but rather an indication of one of the listed criteria which will be used to determine whether an order should be issued.

 

Structures including fences used to accommodate and/or enclose any animal or bird may require approval. Refer to the NSW SEPP (Exempt and Complying Development Codes) to determine whether development consent or a complying development certificate is required. Structures and containment areas must also not be located in onsite effluent areas.


 

Keeping of Birds and/or Animals

Specific Assessment Criteria

 

Alpacas/Llamas

 

Recommended number:

·       A stocking rate of 1 per hectare (minimum of 1 hectare is required)

Recommended requirements:

·       Keep animals a minimum of 9 metres from any dwelling, school, shop, office, factory, workshop, church or other place of public worship, public hall or premises used for the manufacture, preparation or storage of food.

·       Locate enclosures at least 20 metres from any dwelling or place where food is kept, processed or stored, or 6 metres from any roadway or 1 metre from any property boundary.

·       Enclose yard areas to prevent escape.

·       Keep feed that is packaged or otherwise requires storage in a manner that prevents access by vermin.

Advice

·       Alpacas have specific fencing requirements to prevent escape. Development consent may be required for enclosures/fences

 

 

Bees

 

The NSW Department of Primary Industries is the regulatory authority under the Apiaries Act 1985 (NSW). For further information on the keeping of bees and/or to report nuisance bees refer to the www.dpi.nsw.gov.au

 

Competition by feral honey bee, Apis mellifera is listed as a key threatening process under Schedule 3 of the Threatened Species Conservation Act 1995.

 

 

Birds

 

There are a variety of definitions for “birds”. This is especially so for fowls and poultry. To aid interpretation all birds are grouped into caged bird, fowls, peafowls, pigeons and poultry. Examples of each type are given (in brackets).

 

Birds - Caged Birds (includes lorikeets, cockatoos, corellas and the like)

 

Recommended number:

·       Appropriate numbers for the size of the cage and type of birds

Recommended requirements:

·       Locate the aviary within the rear yard area of the premise, at least 4.5 metres from any dwelling, public hall, school or premises used for the manufacture, preparation, sale or storage of food and at least 1 metre from any property boundary.

·       Place barriers around cages to prevent the entry of predators, vermin and other pests.

·       On suspended cages include trays for the collection of bird waste.

·       Control lice and pests including wild rodents.

·       Clean aviaries regularly.

·       Store feed in secure containers to prevent access by vermin.

Advice

·       Check with NSW National Parks & Wildlife Service for licence requirements on keeping of native birds.

·       Refer to the Non-Indigenous Animals Act 1987, for licence requirements on the keeping of non-indigenous species.

·       Noise made by some bird species should be considered when making selections for the aviary. The combination of species may also impact on noise (eg Lorikeets, Cockatoos and Corellas have been the subject of noise complaints at other Councils). Advice from birdkeeper associations can assist you in the selection of species appropriate to the locality.

 

 

Birds - Fowls (birds of the species Gallus Gallus such as domestic chickens, guinea fowls and red jungle fowl)

 

Recommended number:

·       No more than 10 adult birds per property.

·       The keeping of roosters in urban areas, villages and residential areas is prohibited.

Recommended requirements:

·       Locate roosts and fowl enclosures within the rear yard area of the premise, at least 4.5 metres from any dwelling, public hall, school or premises used for the manufacture, preparation, sale or storage of food and at least 1 metre from any property boundary.

·       Place barriers around cages to prevent the entry of predators, vermin and other pests.

·       Keep fowls in the rear yard of the property.

·       Enclose yard areas in a manner that will exclude predators.

·       Keep roosts and fowl houses in a clean state so as not to attract vermin.

·       Store feed in secure containers to prevent access by vermin.

Advice

·       Refer to the Local Government (General) Regulation 2005, Schedule 2, Part 5 - Standards for Keeping Birds or Animals.

·       Fowls can attract foxes, stray dogs and domestic/feral cats. Inadequate fencing and management can impact on the diversity of wildlife species in the Nambucca Shire.


 

Birds - Peafowls (peacocks, peahens)

 

Recommended number:

·       A stocking rate of 1 per 5 hectares (a minimum of 5 hectares is required.

·       The keeping of peacocks and peahens in urban areas, villages and residential areas is prohibited.

Recommended requirements:

·       Locate roosts and fowl enclosures within the rear yard area of the premise, at least 9 metres from any dwelling on an adjoining property and at least 1 metre from any property boundary.

·       Enclose coops and construct in a manner that will exclude predators.

·       Keep peafowls within the yard area of the property.

·       Keep enclosures and coops clean at all times. Regularly remove and appropriately dispose of manure.

·       Store feed in secure containers to prevent access by vermin.

Advice

·       Nil.

 

 

Birds - Pigeons (pigeons, doves)

 

Recommended number:

·       Maximum of 20 adult birds

Recommended requirements:

·       Locate coops and roosts in the rear yard of the premise, at least 9 metres from any dwelling on an adjoining property and at least 1 metre from any property boundary.

·       Enclose coops and construct in a manner that will exclude predators.

·       Keep roosts and coops clean at all times. Regularly remove and appropriately dispose of manure.

·       Store feed in secure containers to prevent access by vermin.

·       Restrict flight times to 2 hours after sunrise and 2 hours before sunset. Allow exercise runs of no more than 1 hour.

Advice

·       Pigeons can negatively impact on both the environment and indigenous birds. Food sources and roosting opportunities must not be made available to wild pigeons.

·       Wild pigeon numbers can be managed by discouraging uncontrolled feeding and bird-proofing known roost sites

 

 


 

Birds - Poultry (duck, geese, turkey, swan, quail and pheasant)

 

Recommended number:

·       No more than 5 adult birds per property (R1 – R5 and RU5 zones)

Recommended requirements:

·       Locate poultry houses in the rear yard of the premise, at least 30 metres from any dwelling, public hall, school or premises used for the manufacture, preparation, sale or storage of food.

·       Construct enclosures in a manner that will prevent escape and exclude predators.

·       Keep roosts and poultry houses clean at all times. Regularly remove and appropriately dispose of manure.

·       Store feed in secure containers to prevent access by vermin.

·       Keep poultry in the rear yard of the property.

Advice

·       Refer to the keeping of poultry provisions in the Local Government (General) Regulation 2005, Schedule 2, Part 5 - Standards for Keeping Birds or Animals. The Schedule also outlines standards for the paving of floors in poultry houses.

·       Refer also to management practices for Agriculture - Livestock on the NSW Department of Primary Industries website www.dpi.nsw.gov.au

·       Poultry can attract foxes, stray dogs and domestic / feral cats. Inadequate fencing and management can impact on the diversity of wildlife species.

 

 

Cats

 

Recommended number:

·       No more than 4 adult desexed cats or 2 adult non-desexed cats per property (and kittens to 6 months)

Recommended requirements:

·       Provide litter trays with a sufficient depth of suitable litter material, eg commercial cat litter, shavings or shredded paper. (Note: sawdust is not recommended as it can irritate eyes). Clean and disinfect litter trays regularly. Remove faeces daily, change/replenished litter as required. Do not recycle litter.

·       Store feed in secure containers to prevent access by vermin.

·       Cats should be kept indoors, particularly at night, with access to outdoor cat enclosures/runs and shelter.

·       Keep cat enclosures/runs and shelters within the rear yard area of the premise.

·       Pet foods should not be left outside. They can be a source of nourishment for foxes and other animals.

·       Control pests including fleas, ticks, flies, lice and wild rodents.

Advice

·       Microchipping and registration is a two part process. Requirements for cat owners are: — A) Microchip animals by 12 weeks of age, at point of sale or change of ownership (whichever occurs first). B)  Register animals with the Council by 6 months of age.

·       Cats settled with owners up to 1st July 1999, are exempt from lifetime registration. They must however be identified by either a microchip or a collar with a tag attached showing the cat’s name and owner’s address or phone number.

·       Under the Companion Animals Act, Council does not have regulatory powers to restrict roaming cats except in prohibited places such as food preparation/consumption areas and designated wildlife protection areas, unless clear evidence is available that shows the cat is causing a nuisance to neighbours and wildlife.

·       Predation by feral cats Felis catus is listed as a key threatening process under the Threatened Species Conservation Act 1995, owners must make every effort to prevent their cat/s from straying.

·       Cats can be trained to live indoors refer to the www.rspcansw.org.

Note:

·       Please ensure that address details for microchipped and registered cats are kept current. Refer to the NSW Companion Animals Register ‘Change of address notice’ on www.olg.nsw.gov.au

·       The breeding of cats for commercial purposes is not permitted without obtaining a consent via the development application process

 

 

Cattle (bull, cow, ox, heifer, steer, calf and buffalo)

 

Recommended number:

·       A stocking rate of 1 per 0.5 hectares (a minimum of 5 hectares is recommended).

Recommended requirements:

·       Keep animals a minimum of 9 metres from a dwelling, school, shop, office, factory, workshop, church or other place of public worship, public hall or premises used for the manufacture, preparation or storage of food.

·       Locate enclosures at least 20 metres from a dwelling or place where food is kept, processed or stored, or 6 metres from any roadway or 1 metre from any property boundary.

·       Enclose cattle yards to prevent escape.

·       Keep feed that is packaged or otherwise requires storage in a manner that prevents access by vermin.

Advice

·       Refer to the keeping of horses and cattle provisions in the Local Government (General) Regulation 2005, Schedule 2, Part 5 - Standards for Keeping Birds or Animals.

·       Refer also to management practices for Agriculture - Livestock on the NSW Department of Primary Industries website www.dpi.nsw.gov.au

·       The keeping of hoofed animals above the recommended number may require development consent. Refer to Nambucca LEP 2010 for details.

 

 

Deer (stag, hart, buck, bull, hind, doe, cow, calf and fawn)

 

Recommended number:

·       A stocking rate of 1 per 0.5 hectares (a minimum of 10 hectares is recommended) for these animals

Recommended requirements:

·       Keep animals a minimum of 9 metres from a dwelling, school, shop, office, factory, workshop, church or other place of public worship, public hall or premises used for the manufacture, preparation or storage of food.

·       Locate enclosures at least 20 metres from a dwelling or place where food is kept, processed or stored, or 6 metres from any roadway or 1 metre from any property boundary.

·       Enclose yards to prevent escape.

·       Keep feed that is packaged or otherwise requires storage in a manner that prevents access by vermin.

Advice

·       Refer to the requirements of the Deer Act 2006.

·       The keeping of hoofed animals above the recommended number may require development consent. Refer to Nambucca LEP 2010 for details.

·       Deer have specific fencing requirements to prevent escape. Development consent may be required for these enclosures / fences.

·       Environmental degradation caused by feral deer is listed as a key threatening process under the Threatened Species Conservation Act 1995; owners must contain animals on site.

 

 

Dogs

 

Recommended number:

·       Up to 4 adult desexed dogs or 2 adult non-desexed dogs per premise (& pups to 6 mths)

Recommended requirements:

·       Contain dogs within the rear yard area of the premise.

·       Change bedding frequently, kept clean, dry and free of parasites.

·       The size of the kennel should be based on the body size / bedding requirements of the dog and be accessible for easy cleaning.

·       Keep housing and exercise areas clean with the regular removal and proper disposal of animal faeces.

·       Pet foods should not be left outside. They can be a source of nourishment for foxes and other animals.

·       Control pests including fleas, ticks, flies, lice and wild rodents.

Advice

·       Microchipping and registration is a two part process. Requirements for dog owners are: — A) Microchip animals by 12 weeks of age, at point of sale or change of ownership (whichever occurs first). B)  Register animals with the Council by 6 months of age.

·       When in public, dogs must wear a collar with a tag attached showing the dog’s name and owner’s address or phone number.

·       Dogs are not permitted to roam or cause nuisance to neighbours.

·       Enclosures for Dangerous Dogs and Restricted Breeds must comply with the Companion Animals Act & Regulation.

·       The Council has a number of dog off-leash areas across the Shire. Refer to www.nambucca.nsw.gov.au for full details on locations and times of use.

Note:

·       The Companion Animals Act also provides for the seizure of a dog in certain circumstances. In these situations, the dog is impounded for the statutory period (microchipped animals are held for a minimum of 14 days and unidentified animals for 7 days). In accordance with the legislation, every effort is made to notify the owner of the dog’s seizure or impounding. It is however the owner’s responsibility to ensure that address details are kept current. The breeding of dogs for commercial purposes is not permitted without obtaining consent via the development application process.

·       Refer to the NSW Companion Animals Register ‘Change of address notice’ on www.olg.nsw.gov.au

 

 

Ferrets

 

Recommended number:

·       No more than 4 adult ferrets per property

Recommended requirements:

·       Locate the hutch in the rear yard, at least 9 metres from any dwelling and 1 metre from any property boundary.

·       Ferrets should be contained within the rear yard area of the premise.

·       Feed must be stored in secure containers to prevent access by vermin.

Advice

·       Female ferrets (Jills) should be desexed before reaching sexual maturity (approximately 6 months of age), or they may die if not mated.

 

 

Fish

 

Recommended number:

·       Appropriate numbers for the size of the pond and type of fish.

Recommended requirements:

·       Ponds must be located well clear of drainage easements or flow lines to prevent spread (ie fish and eggs) to creeks during heavy rains.

·       Water is to be kept clean and not allowed to stagnate and breed mosquitoes.

Advice

·       Refer to the provisions of exempt and complying development on size of pond before development consent is required.

·       Do not release water or water plants into the environment.

·       Pumps are not to cause a noise nuisance to neighbours.

·       Any ponds having a depth in excess of 300mm should be covered with wire mesh to prevent access by children.

 

 

Goats (buck, doe, wether and kid)

 

Recommended number:

·       A stocking rate of 1 per 5 hectares (a minimum of 5 hectares is recommended).

Recommended requirements:

·       Keep animals a minimum of 9 metres from a dwelling, school, shop, office, factory, workshop, church or other place of public worship, public hall or premises used for the manufacture, preparation or storage of food.

·       Locate enclosures at least 20 metres from a dwelling or place where food is kept, processed or stored, or 6 metres from any roadway or 1 metre from any property boundary.

·       Enclose yards to prevent escape.

·       Store feed in a manner that prevents access by vermin.

Advice

·       The keeping of hoofed animals above the recommended number may require development consent. Refer to Nambucca LEP 2010 for details.

·       Refer also to management practices for Agriculture - Livestock on the NSW Department of Primary Industries website www.dpi.nsw.gov.au

·       Competition and habitat degradation by Feral Goats, Capra hircus is listed as a key threatening process under Schedule 3 of the Threatened Species Conservation Act 1995; owners must ensure goats are contained on the site.

 

 

Guinea Pigs

 

Recommended number:

·       Adult stocking rate of 1 per 0.5 square metre of hutch.

Recommended requirements:

·       The hutch must be located at the rear of the property, at least 4.5 metres from any dwelling and 1 metre from any property boundary.

·       Guinea pigs must be contained within the rear yard area of the premise.

·       Feed must be stored in secure containers to prevent access by vermin.

·       Hutches must be kept in a clean state so as not to attract vermin and constructed in a manner that will exclude predators.

Advice

·       It is recommended that males be separated from each other to prevent animals fighting and creating a noise nuisance.

·       Guinea pigs breed from 3 months of age.

Horses (mare, stallion, gelding, colt, filly, foal, hinny, mule, donkey and ass)

 

Recommended number:

·       A stocking rate of 1 per 2.5 hectares (a minimum of 5 hectares is recommended).

Recommended requirements:

·       Keep animals a minimum of 9 metres from a dwelling, school, shop, office, factory, workshop, church or other place of public worship, public hall or premises used for the manufacture, preparation or storage of food.

·       Locate enclosures at least 20 metres from a dwelling or place where food is kept, processed or stored, or 6 metres from any roadway or 1 metre from any property boundary.

·       Enclose yards to prevent escape.

·       Keep feed in a manner that prevents access by vermin.

Advice

·       The keeping of hoofed animals above the recommended number may require development consent. Refer to Nambucca LEP 2010 for details.

·       Refer also to management practices for Agriculture - Livestock on the NSW Department of Primary Industries website www.dpi.nsw.gov.au

·       Refer to the keeping of horses and cattle provisions in the Local Government (General) Regulation 2005, Schedule 2, Part 5 - Standards for Keeping Birds or Animals. The Schedule also outlines standards for stable floors.

 

 

Pigs/swine (boar, sow, barrow, piglet and sucker)

 

Recommended number:

·       Prohibited in R1 – R4 and RU5 zones. Maximum of 1 per premise in RU5 zones.

Recommended requirements:

·       Swine must not be kept in such a place or manner as to pollute any waterway or water supplied for use (or used, or likely to be used) by a person for drinking or domestic purposes, or in a dairy.

·       Swine’s dung must not be deposited in such a place or manner as to pollute any water supplied for use (or used, or likely to be used) by a person for drinking or domestic purposes, or in a dairy.

·       Swine must not be kept (and swine’s dung must not be deposited) within 60 metres of a dwelling, shop, office, factory, church or other place of public worship, workshop, school or public place in a city, town, village or other urban part of an area.

·       Yards must be so enclosed as to prevent the escape of animals.

·       Feed that is packaged or otherwise requires storage should be kept in a manner that prevents access by vermin.

Advice

·       The keeping of hoofed animals above the recommended number may require development consent. Refer to Nambucca LEP 2010 for details.

·       Refer also to management practices for Agriculture - Livestock on the NSW Department of Primary Industries website www.dpi.nsw.gov.au

·       Refer to the keeping of swine provisions in the Local Government (General) Regulation 2005, Schedule 2, Part 5 - Standards for Keeping Birds or Animals.

·       Predation, habitat degradation, competition and disease transmission by Feral Pigs Sus scrofa is listed as a key threatening process under the Threatened Species Conservation Act 1

 

 

Rabbits

 

Recommended number:

·       Maximum of two (must be the same gender)

Recommended requirements:

·       The hutch must be located at the rear of the property, at least 4.5 metres from any dwelling and 1 metre from any property boundary.

·       Rabbits must be contained within the rear yard area of the premise.

·       Feed must be stored in secure containers to prevent access by vermin.

·       Hutches must be kept in a clean state so as not to attract vermin and constructed in a manner that will exclude predators.

·       Must be a recognised domestic breed.

Advice

·       Rabbits should be desexed before 5 months of age.

·       Do not release rabbits into the environment.

·       Refer also to management practices for Agriculture - Livestock on the NSW Department of Primary Industries website www.dpi.nsw.gov.au

·       Competition and grazing by the Feral European Rabbit Oryctolagus cuniculus is listed as a key threatening process under the Threatened Species Conservation Act 1995.

 

 

Reptiles

 

Recommended number:

·       Maximum number as appropriate to the circumstances.

Recommended requirements:

·       Must be adequately housed to prevent escape.

Advice

·       All lizards, snakes and turtles require a licence from NSW National Parks & Wildlife.

·       Refer to the Non-Indigenous Animals Act 1987, for licence requirements on keeping of non-indigenous species.

 

 

Rodents (rats and mice)

 

Recommended number:

·       Adult stocking rate of 1 per 0.5 m2 of hutch.

Recommended requirements:

·       If outside, the hutch must be located at the rear of the property, at least 4.5 metres from any dwelling and 1 metre from any property boundary.

·       If outside, rodents must be contained within the rear yard area of the premise.

·       Feed must be stored in secure containers to prevent access by vermin.

·       Hutches must be kept in a clean state so as not to attract vermin and constructed in a manner that will exclude predators.

Advice

·       Do not release rodents into the environment.

 

 

Sheep (ewe, ram, wether, hogget and lamb)

 

Recommended number:

·       A stocking rate of 1 per 5 hectares (a minimum of 5 hectares is recommended).

Recommended requirements:

·       Keep animals a minimum of 9 metres from a dwelling, school, shop, office, factory, workshop, church or other place of public worship, public hall or premises used for the manufacture, preparation or storage of food.

·       Locate enclosures at least 20 metres from a dwelling or place where food is kept, processed or stored, or 6 metres from any roadway or 1 metre from any property boundary.

·       Enclose yards to prevent escape.

·       Keep feed that is packaged or otherwise requires storage in a manner that prevents access by vermin.

Advice

·       The keeping of hoofed animals above the recommended number may require development consent. Refer to Nambucca LEP 2010 for details.

·       Refer also to management practices for Agriculture - Livestock on the NSW Department of Primary Industries website www.dpi.nsw.gov.au

 

 

Enforcement Processes under the Local Government Act 1993

 

 

Enforcement action may involve the service of a written notice of intention to serve an order under section 124 of the Local Government Act, the purpose of which is to give the owner of the animal/s an opportunity to make a written submission as to why a formal order should not be served.

 

The notice of intention generally gives owners 28 days to respond and/or take corrective action.

 

If the matter is not resolved within this timeframe an order is issued. Examples of the content of a proposed order may include the need for rectification work to be carried out or changes made in the way the animal/s are kept, or a restriction on the numbers to be kept in the particular situation. The time frame given in the order will be appropriate to the type of works and take into account whether development consent is required.

 

Orders usually have a minimum compliance period of 28 days. Emergency orders can however be issued directly where Council can justify the issue is a matter of urgency.

 

Orders can be modified or revoked. Modified orders generally apply to a negotiated outcome where the time frame is extended or representations are made to change the terms of the order. An order is revoked where the requirements outlined in the order have been met. Where non-compliance is detected Council will give effect to the order by taking further action. Residents should also be aware that Council may issue an order requiring demolition works for where a structure is dilapidated or structurally inadequate.

 

Any order served by the Council may be appealed within 28 days to the Land and Environment Court.

 

For further information on Council’s Enforcement procedures, please refer to Council’s Compliance, Enforcement and Prosecution Policy.

 

 


Ordinary Council Meeting                                                                                                     30 July 2015

Corporate Services

ITEM 10.1    SF251              300715         Schedule of Council Public Meetings

 

AUTHOR/ENQUIRIES:    Monika Schuhmacher, Executive Assistant/Business Services Unit         

 

SUMMARY:

 

The following is a schedule of dates for public Council meetings.  The meeting dates may change from to time and this will be recorded in the next available report to Council.

 

 

Recommendation:

 

That the schedule of dates for public Council meetings be noted and received for information by Council.

 

 

2015

MEETING

DATE

VENUE

COMMENCING

Ordinary Council Meeting

30/07/2015

Council Chambers

5.30 PM

Ordinary Council Meeting

13/08/2015

Council Chambers

5.30 PM

Access Committee

25/08/2015

Council Chambers

2.00 PM

Ordinary Council Meeting

27/08/2015

Council Chambers

5.30 PM

Ordinary Council Meeting

10/09/2015

TBA

5.30 PM

Access Committee

22/09/2015

Council Chambers

2.00 PM

Ordinary Council Meeting

24/09/2015

TBA

5.30 PM

Ordinary Council Meeting

15/10/2015

TBA

5.30 PM

Access Committee

27/10/2015

Access Committee

2.00 PM

Ordinary Council Meeting

29/10/2015

TBA

5.30 PM

Ordinary Council Meeting

12/11/2015

Council Chambers

5.30 PM

Vehicular Access to Beaches

13/11/2015

Council Chambers

1.30 PM

Access Committee

24/11/2015

Access Committee

2.00 PM

Ordinary Council Meeting

26/11/2015

Council Chambers

5.30 PM

Ordinary Council Meeting

17/12/2015

Council Chambers

5.30 PM

 

Note:                Argents Hill in September

                         Eungai Creek in October

 

Attachments:

There are no attachments for this report.  


Ordinary Council Meeting                                                                                                     30 July 2015

Assistant General Manager Corporate Services Report

ITEM 10.2    SF2116            300715         Review of Investment Funds Policy

 

AUTHOR/ENQUIRIES:    Faye Hawthorne, Accountant; Scott Norman, Assistant General Manager Corporate Services         

 

Summary:

 

A review of Council’s Investment Funds Policy has been undertaken to ensure that Council's investment funds are invested in accordance with the requirements of the Local Government Act, in a secure and prudent manner to generate the optimum return on investments. This review has been undertaken as a matter of policy, there has been no change in the regulatory requirements and it is recommended that the policy be updated as reviewed with no changes. 

 

 

Recommendation:

 

That Council adopts the Draft Investment of Funds Policy from 30 July 2015.

 

 

OPTIONS:

 

Council could adopt the recommendations as provided, or, with changes, or reject the recommendations.

 

 

DISCUSSION:

 

Current policy requires the Invest of Funds Policy to be reviewed annually.  The Policy was last reviewed 11 September 2013 and is now past due for review.

 

The purpose of the policy is to ensure that Council's investment funds are invested in accordance with the requirements of the Local Government Act, in a secure and prudent manner to generate the optimum return on investments.

 

The requirements of the Local Government Act have not changed since the last review date.  The Division of Local Government publishes Investment Policy Guidelines which can be found at http://www.olg.nsw.gov.au/sites/default/files/Investment-Policy-Guidelines-May-2010.pdf. These were last updated in May 2010 prior to the last review of the policy.  From time to time the Minister for Local Government publishes an updated Ministerial Investment Order which defines complying investments for Local Governments. The last Ministerial Investment Order was published in the NSW Government Gazette January 2011 prior to the last review of Council’s Investment Policy.  The latest Ministerial Investment Order can be found at http://www.olg.nsw.gov.au/sites/default/files/Investment-Order-12-1-2011.pdf.

 

Council has received regular Investment Reports that have verified the portfolio complies with the adopted Investment Policy of Council.  These reports are backed up by quarterly reports from CPG Research and Advisory Group that provide external verification that portfolio complies with the policy.

 

The current Policy has been reviewed and no need for change has been identified, a Draft Policy with a new last reviewed date is attached for Council’s consideration.

 

 

CONSULTATION:

Finance Manager and CPG Research & Advisory Pty Ltd

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

There are no implications for the environment

 

Social

There are no social implications.

 

Economic

There are no economic implications.

 

Risk

There are no particular risks, other than those associated with managing an investment portfolio.

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

There are no budgetary impacts

 

Source of fund and any variance to working funds

There is no impact on working funds.

 

Service level changes and resourcing/staff implications

 

There are no changes or implications stemming from this report.

 

Attachments:

1

22262/2015 - Draft Council Investment Policy Statements (IPS)

 

  


Ordinary Council Meeting - 30 July 2015

Review of Investment Funds Policy

 

 

 

Investment Policy

Adopted: 19 April 2001 (006)

Last Reviewed by Council: 18 January 2007

Last Reviewed by Council: 26 July 2012 (Trim:17684/2012)

Last Reviewed by Council: 11 September 2013 Trim:21604/2013)

Last Reviewed by Council: 30 July 2015 (Trim:XXX/2015)

 

 

July

2015

 

Contents

Contents 2

General 3

Purpose of Document 3

Related Documents 3

Effective Date  3

Definitions 4

Investment Policy  6

Investment Objectives 6

Legislative and Regulatory References 6

Delegation of Authority  7

Prudent Person Standard  7

Ethics and Conflicts of Interest 7

Authorised Investments 7

Prohibited Investments 8

Risk Management Guidelines 8

Investment Advisor 9

Accounting  9

Safe Custody Arrangements 9

Credit Quality Limits 10

Counterparty Limits 10

Term to Maturity Limits 11

Performance Benchmarks 11

Reporting  13

Review of Policy  13

Appendix  14

 


 

General

Purpose of Document

The purpose of this document is to establish the framework within which investment principles are to apply to the investment of Council funds.  It details:

§  Council Funds covered by this Investment Policy Statement;

§  Council’s objectives for its investment portfolio/s;

§  how investments are to be undertaken;

§  the applicable risks to be managed;

§  any constraints and other prudential requirements to apply to the investments of Funds having regard to the applicable legislation and regulations governing Council investment;

§  the manner in which compliance with the Policy & Strategy will be monitored and reported;

§  appropriate benchmarks for each category of investments.

Related Documents

This policy statement has been prepared to recognise the legislative requirements and obligations for the investment of Council’s funds.  The legislative requirements are detailed within this Investment Policy.

Council’s will comply with investment regulations and directions of the Division of Local Government – which will prevail in the event of inconsistencies with published Policy and Strategy.

Effective Date

This document replaces any previous Investment Policy document approved by Council.

The effective date of this Investment Policy Statement is 11 September 2013 and will be reviewed at regular twelve monthly intervals, or when either changes in regulation or market conditions necessitate a review.

 

 


 

Definitions

Act                         Local Government Act, 1993.

ADI                    Authorised Deposit-Taking Institutions (ADIs) are corporations that are authorised under the Banking Act 1959 (C’wlth) to take deposits from customers.

Bill of

Exchange             A bill of exchange is an unconditional order in writing, addressed by one person to another, signed by the person giving it, requiring the person to whom it is addressed to pay on demand, or at a fixed or determinable future time, a sum certain in money to or to the order of a specified person, or to bearer.

BBSW                    The Bank Bill Swap reference rate (BBSW) is the average of mid-rate bank-bill quote from brokers on the BBSW Panel. The BBSW is calculated daily. Floating rate securities are most commonly reset quarterly to the 90-day BBSW.

Council Funds     Investment monies that are invested by Council in accordance with section 625 of the Act

Debenture          A debenture is a document evidencing an acknowledgement of a debt, which a company has created for the purposes of raising capital.  Debentures are issued by companies in return for medium and long-term investment of funds by lenders.

DLG                  NSW Division of Local Government, Department of Premier & Cabinet.

FRN                       A Floating Rate Note (FRN) is a medium to long term fixed interest investment where the coupon is a fixed margin (“coupon margin”) over a benchmark, also described as a “floating rate”. The benchmark is usually the BBSW and is reset at regular intervals – most commonly quarterly.

Grandfathered    Investments held by Council that were previously allowed under the Minister’s Order but were Grandfathered (i.e. eligible to retain but not add to or restructure existing investments) when the NSW State Government changed the list of Approved Investments as a result of the Cole enquiry reflected in the Ministerial Order dated 31/7/2008.

LGGR                 Local Government (General) Regulation 2005 (NSW).

NCD                     Is a short term investment in an underlying security being a negotiable certificate of deposit (NCD) where the term of the security is usually for a period of 185 days or less (sometimes up to 2 years). NCDs are generally discount securities, meaning they are issued and on-sold to investors at a discount to their face value.

RAO                   Responsible Accounting Officer of a council means a member of the staff of the council designated by the General Manager, or if no such member has been designated, the General Manager. (LGGR, clause 196)

T-Corp                New South Wales Treasury Corporation.

UBS BBI               UBS Australia calculates a daily Bank Bill Index representing the performance of a notional rolling parcel of bills averaging 45 days.

            


Ordinary Council Meeting - 30 July 2015

Review of Investment Funds Policy

 

Investment Policy

Investment Objectives

The purpose of this Policy is to provide a framework for the optimum investment of Nambucca Shire Council’s Funds at the most favourable rate of interest available to it at the time to maximise returns, whilst having due consideration of risk, liquidity and security for its investments.

While exercising the power to invest, consideration is to be given to the preservation of capital, liquidity and the return of investment. Council therefore has several primary objectives for its investment portfolio:

§  Compliance with legislation, regulations, the prudent person tests of the Trustee Act and best practice guidelines;

§  The preservation of the amount invested;

§  To ensure there is sufficient liquid funds to meet all reasonably anticipated cash flow requirements; and

§  To generate income from the investment that exceeds the performance benchmarks mentioned later in this document.

Council’s Investment Strategy will run in conjunction with its Investment Policy and will outline:

§  Councils current cash flow expectations and the implications for deviations from a long-term liquidity profile;

§  Diversification: an allocation of investment type, credit quality, counterparty exposure and term to maturity profile;

§  Market conditions and the appropriate responses – particularly relative positioning within the limits outlined in this policy;

§  Relative return outlook, risk-reward considerations, assessment of the market cycle and hence constraints on risk; and

§  Appropriateness of overall investment types for Council’s portfolio.

Legislative and Regulatory References

All investments are to comply with the following:

§  Local Government Act (1993);

§  Local Government (General) Regulation (2005);

§  Ministerial Investment Order;

§  The Trustee Amendment (Discretionary Investments) Act (1997) – Section 14;

§  Local Government Code of Accounting Practice and Financial Reporting;

§  Australian Accounting Standards;

§  Division of Local Government Investment Policy Guidelines; and

§  Division of Local Government Circulars

Delegation of Authority

Authority for implementation of the Investment Policy is delegated by Council to the General Manager in accordance with the Local Government Act (1993).

The General Manager has in turn delegated the day-to-day management of Councils investments to the Manager of Financial Services (RAO) and his/her delegates who must ensure adequate skill, support and oversight is exercised in the investment of Council funds.

Officers’ delegated authority to manage Council’s investments shall be recorded and they are required to acknowledge they have received a copy of this policy and understand their obligations in this role.

Prudent Person Standard

The investments will be managed with the care, diligence and skill that a prudent person would exercise.  As trustees of public monies, officers are to manage Council’s investment portfolios to safeguard the portfolio in accordance with the spirit of this Investment Policy and not for speculative purposes.

Ethics and Conflicts of Interest

Officers shall refrain from personal activities that would conflict with the proper execution and management of Council’s investment portfolio.  This policy requires officers to disclose any conflict of interest to the General Manager.

Independent advisors are also to declare that they have no actual or perceived conflicts of interest and receive no inducements in relation to Council’s investments.

Authorised Investments

All investments must be denominated in Australian Dollars.  Authorised Investments are limited to those allowed by the Ministerial Investment Order and include:

§  Commonwealth / State / Territory Government securities e.g. bonds;

§  Interest bearing deposits / senior securities issued by an eligible ADI;

§  Bills of Exchange (< 200 days duration) guaranteed by an ADI;

§  Debentures issued by a NSW Council under Local Government Act (1993);

§  Deposits with T-Corp &/or Investments in T-Corp Hour-Glass Facility; and

§  Existing investments grandfathered under the Ministerial Investment Order.

Prohibited Investments

This investment policy prohibits the following types of investment[1]:

§  Derivative based instruments;

§  Principal only investments or securities that provide potentially nil or negative cash flow; and

§  Stand alone securities issued that have underlying futures, options, forwards contracts and swaps of any kind.

This policy also prohibits the use of leveraging (borrowing to invest) of an investment. However, nothing in the policy shall prohibit the short-term investment of loan proceeds where the loan is raised for non-investment purposes and there is a delay prior to the expenditure of loan funds.

Risk Management Guidelines

Investments obtained are to be considered in light of the following key criteria:

§  Preservation of Capital – the requirement for preventing losses in an investment portfolio’s total value.

§  Credit Risk The risk that a party or guarantor to a transaction will fail to fulfil its obligations.  In the context of this document it relates to the risk of loss due to the failure of an institution/entity with which an investment is held to pay the interest and/or repay the principal of an investment;

§  Diversification – the requirement to place investments in a broad range of products so as not to be over exposed to a particular sector of the investment market;

§  Liquidity Risk – the risk an institution runs out of cash, is unable to redeem investments at a fair price within a timely period, and thereby Council incurs additional costs (or in the worst case is unable to execute its spending plans);

§  Market Risk – the risk that fair value or future cash flows will fluctuate due to changes in market prices, or benchmark returns will unexpectedly overtake the investment’s return;

§  Maturity Risk – the risk relating to the length of term to maturity of the investment.  The longer the term, the greater the length of exposure and risk to market volatilities; and

§  Rollover Risk – the risk that income will not meet expectations or budgeted requirement because interest rates are lower than expected in future.

Investment Advisor

The Council’s investment advisor is appointed by the General Manager and must be licensed by the Australian Securities and Investment Commission. The advisor must be independent and must confirm in writing that they have no actual or potential conflict of interest in relation to investment products being recommended and is free to choose the most appropriate product within the terms and conditions of investment policy. This includes receiving no commissions or other benefits in relation to the investments being recommended or reviewed.

Accounting

Council will comply with appropriate accounting standards in valuing its investments and quantifying its investment returns.

In addition to recording investment income according to accounting standards, published reports may show a break-down of its duly calculated investment returns into realised and unrealised capital gains and losses, and interest.

Other relevant issues will be considered in line with relevant Australian Accounting Standards, such as discount or premium, designation as held-to-maturity or on a fair value basis and impairment.

Safe Custody Arrangements

Where necessary, investments may be held in safe custody on Council’s behalf, as long as the following criteria are met:

§  Council must retain beneficial ownership of all investments;

§  Adequate documentation is provided, verifying the existence of the investments at inception, in regular statements and for audit;

§  The Custodian conducts regular reconciliation of records with relevant registries and/or clearing systems; and

§  The Institution or Custodian recording and holding the assets will be:

8   The Custodian nominated by TCorp for Hour-Glass facilities;

8   Austraclear;

8   An institution with an investment grade Standard and Poor’s, Moody’s or Fitch rating; or

8   An institution with adequate insurance, including professional indemnity insurance and other insurances considered prudent and appropriate to cover its liabilities under any agreement.

 

Credit Quality Limits

The portfolio credit guidelines to be adopted will reference the Standard & Poor’s (S&P) ratings system criteria and format - however, references to the Minister’s Order also recognises Moody’s and Fitch Ratings and any of the three ratings may be used where available. 

However, the primary control of credit quality is the prudential supervision and government support and explicit guarantees of the ADI sector, not ratings.

The maximum holding limit in each rating category and the credit quality weighting for Council’s portfolio shall be:

Long Term Rating Range
(or Moody’s equivalent)

Maximum Holding

AAA Category

100%

AA Category or Tier 1 bank

100%

A Category

60%

BBB Category & unrated ADIs

40%

Counterparty Limits

Exposure to individual counterparties/financial institutions will be restricted by their rating so that single entity exposure is limited, as detailed in the table below. It excludes any government guaranteed investments.

Individual Institution or Counterparty Limits

Long Term Rating Range
(or Moody’s equivalent)

 

Limit

AAA Category[2]

 

40%

AA Category or Tier 1 bank

 

30%

A Category

 

15%

BBB Category

 

10%

Unrated Category[3]

 

5%

Term to Maturity Limits

Council’s investment portfolio shall be structured around the time horizon of investment to ensure that liquidity and income requirements are met.

Once the primary aim of liquidity is met, Council will ordinarily diversify its maturity profile as this will ordinarily be a low-risk method of obtaining additional return as well as reducing the risks to Council’s income. However, Council always retains the flexibility to invest as short as required by internal requirements or the economic outlook.

The factors and/or information used by Council to determine minimum allocations to the shorter durations include:

8   Council’s liquidity requirements to cover both regular payments as well as sufficient buffer to cover reasonably foreseeable contingencies;

8   Medium term financial plans and major capex forecasts;

8   Known grants, asset sales or similar one-off inflows;

8   Seasonal patterns to Council’s investment balances.

Investment Horizon Description

Investment Horizon - Maturity Date

Minimum Allocation

Maximum Allocation

Working capital funds

0-3 months

10.0%

100.0%

Short term funds

3-12 months

20.0%

100.0%

Short-Medium term funds

1-2 years

0%

70.0%

Medium term funds

2-5 years

0%

50.0%

Long term funds

5-10 years

0%

25.0%

Within these broad ranges, Council relies upon assumptions of expected investment returns and market conditions that have been examined with its investment advisor.

Performance Benchmarks

The performance of each investment will be assessed against the benchmarks listed in the table below. 

It is Council’s expectation that the performance of each investment will be greater than or equal to the applicable benchmark by sufficient margin to justify the investment taking into account its risks, liquidity and other benefits of the investment.

It is also expected that Council will take due steps to ensure that any investment is executed at the best pricing reasonably possible.

Investment

Performance Benchmark

Time Horizon

11 am Account, short dated bills, deposits issued by financial institutions of appropriate term.

UBS- Bank Bill Index (BBI)

3 months or less

Term Deposits of appropriate remaining term, FRN’s nearing maturity.

UBS- Bank Bill Index (BBI)

3 months to 12 months

Term Deposits with a maturity date between 1 and 2 Years, FRN’s.

UBS- Bank Bill Index (BBI)

1 to 2 years

FRN’s, Bonds, Term deposits with a maturity date between 2 and 5 Years. Grandfathered Income Funds.

UBSA Bank Bill Index (BBI)

2 to 5 Years

T-Corp Hour Glass Managed Funds

Fund’s Internal Benchmark

3 Years (M/T Growth)
5+ Years (L/T Growth)

 

Grandfathered investments (i.e. managed funds and securities) are allocated to the appropriate horizon based on expected or average maturity date and should be taken into account when allocating the rest of the portfolio.

The decision on when to exit such investments are based on a range of criteria specific to the investments – including but not limited to factors such as:

Ø Returns expected over the remaining term

Ø Fair values

Ø Competing investment opportunities

Ø Costs of holding

Ø Liquidity and transaction costs

Ø Outlook for future investment values

In general, it is expected that professional advice will be sought before transacting in “grandfathered” investments.

Reporting

Documentary evidence must be held for each investment and details thereof maintained in an investment register.  The documentary evidence must provide Council legal title to the investment.

For audit purposes, certificates must be obtained from the banks/fund managers/custodian confirming the amounts of investment held on Council’s behalf at 30th June each year.

All investments are to be appropriately recorded in Council’s financial records and reconciled at least on a monthly basis.

A monthly report will be provided to Council.  The report will detail the investment portfolio in terms of holdings and impact of changes in market value since the previous report.  The monthly report will also detail the investment performance against the applicable benchmark, investment income earned versus budget year to date and confirm compliance of Council’s investments within legislative and policy limits. Council may nominate additional content for reporting.

Review of Policy

The Investment Policy will be reviewed every 12 months and as required in the event of legislative change or as a result of significantly changed economic/market conditions. 

Any proposed amendment to the Investment Policy must be approved by the General Manager and Manager of Financial Services.


 

Appendix

For the purpose of this Policy, “Tier 1 banks” are currently defined as:

The ADI deposits or senior guaranteed principal and interest ADI securities issued by the major Australian banking groups:

Ø Australia and New Zealand Banking Group Limited

Ø Commonwealth Bank of Australia

Ø National Australia Bank Limited

Ø Westpac Banking Corporation

including ADI subsidiaries (such as Bank of Western Australia Ltd) whether or not explicitly guaranteed, and brands (such as St George).

Council may ratify an alternative definition from time to time.  


Ordinary Council Meeting                                                                                                     30 July 2015

Engineering Services

ITEM 11.1    SF565              300715         Application for Road Closure, River Street Macksville - Vietnam Veterans Day 18 August 2015

 

AUTHOR/ENQUIRIES:    Keith Williams, Manager Technical Services         

 

Summary:

 

Council has received a request for a temporary road closure of River Street, Macksville for the Vietnam Veterans March to take place 18 August 2015.

 

 

Recommendation:

 

1        That subject to concurrence from the Local Traffic Committee at its meeting of 4 August 2015, Council approve a request from the Returned Services League of Macksville to conduct a march to commemorate Vietnam Veterans Day noting to the following has been received:

 

·      Certificate of Currency for Public Liability Insurance

·      Traffic Management Plan confirming Accredited Traffic Controllers will be on site, and

·      Police and Roads and Maritime Services approval for the road closures.

 

2        That Council endorse the road closures for Vietnam Veterans Day march from 10.00am to midday on 18 August 2015, as follows:

           

          River Street– Wallace Lane to Princess Street

 

3        That Council advertise the road closures seven (7) days prior to the Vietnam Veterans March.

 

 

OPTIONS:

 

1        Refuse the applications for road closure.

 

2        Approve road closures for the march.

 

 

DISCUSSION:

 

With the Macksville War Memorial now in place, the Macksville Sub/branch of the Returned Services League of Australia have requested permission to conduct Vietnam Veterans Day march on 18 August 2015.

 

The march will commence at the McKay Street car park and proceed to the Macksville War Memorial along River Street

 

Concurrent Local Traffic Committee approval is being sought to allow a 7 day advertising period prior to the closure.

 

 

CONSULTATION:

 

Roads and Maritime Services

NSW Police

Returned and Services League of Australia –Macksville

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There is no impact on the environment associated with this report.

 

Social

 

The march recognises Vietnam Veterans Day

 

Economic

 

These events contribute to the local economy in an indirect way.

 

Risk

 

There is minimal risk to road users police and traffic controllers will be at the event.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

There is no impact on current or future budgets.

 

Source of fund and any variance to working funds

 

There is no impact on working funds.

 

Service level changes and resourcing/staff implications

 

There is no impact other than administration.

 

Attachments:

1

18727/2015 - Applicaton for Events & Activities on Roads - Macksville RSL - Vietnam Veterans Day 18 August 2015

 

  


Ordinary Council Meeting - 30 July 2015

Application for Road Closure, River Street Macksville - Vietnam Veterans Day 18 August 2015

 












   



[1] Prohibited investments are not limited to the list below and extend to any investment carried out for speculative purposes.

[2] 100% Commonwealth Government and Government-guaranteed deposits are included in this category, but without any upper limit applying to the government as counterparty.

[3] This category includes unrated ADI’s such as some Credit Unions and Building Societies where falling outside deposit guarantees for at least part of the investment term.