NAMBUCCA

SHIRE COUNCIL

 


Ordinary Council Meeting

AGENDA ITEMS

13 August 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 - 13 August 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 - 30 July 2015....................................................................................... 5

5        NOTICES OF MOTION  

6        PUBLIC FORUM

p.dart@uq.edu.au

Peter Dart - Public Forum on behalf of Climate Change/sea rise/renewable energy

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.................................................................................... 11

9.2     Review of Reporting and Compliance Burdens on Local Government by the Independent Pricing and Regulatory Tribunal (IPART)............................................................................................. 17

9.3     Minutes of the Nambucca Shire Council Access Committee meeting held 28 July 2015...... 25

9.4     Planning Proposal Gateway Determination - Subdivision of Rural Lots Severed by a sealed road..................................................................................................................................... 28

9.5     Planning Proposal - Proposed reclassification of Kingsworth Estate Dam......................... 33

9.6     Outstanding DA's greater than 12 months,
applications where submissions received
not determined from 23 July 2015 to 5 August 2015......................................................... 48

9.7     Presentation to Council by Mr Kevin Williams, Regional Arts Development Officer............. 50

9.8     Naming Of The Bowraville Off River Water Storage Dam - Bowra Dam.............................. 52

10      Assistant General Manager Corporate Services Report

10.1   Review of Liquidity Protection and Contingency Provisions ............................................. 55

10.2   Modification of Council Policy Section 94/64 to include waiver of secondary dwellings clause     63

10.3   Schedule of Council Public Meetings............................................................................... 68

10.4   Gordon Park Tennis Centre Committee of Management - Annual General Meeting - 24 July 2014 - Minutes.......................................................................................................................... 69

10.5   Valla Beach Community Association Committee of Management - Minutes of Annual General Meeting - 20 July 2015................................................................................................................... 77

10.6   North Coast Academy of Sport request for Donation....................................................... 84

10.7   Investment Report to 31 July 2015................................................................................... 90

11      Assistant General Manager Engineering Services Report

11.1   Waste Management Quarterly Report April - June 2015..................................................... 95

11.2   Acquisition Of Land From Forests Nsw For The Future Extension Of The Nambucca Waste Management Facility..................................................................................................... 102     


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 30 July 2015

The following document is the minutes of the Ordinary Council meeting held 30 July 2015.  These minutes are subject to confirmation as to their accuracy at the next meeting to be held on 13 August 2015 and therefore subject to change.  Please refer to the minutes of 13 August 2015 for confirmation.

 

 

PRESENT

 

Cr Rhonda Hoban (Mayor)

Cr John Ainsworth

Cr Martin Ballangarry OAM

Cr Brian Finlayson

Cr Paula Flack

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)

 

 

PRAYER

 

Reverend Ross Duncan, Anglican Church Nambucca Heads, 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 9.4 Outstanding DA's greater than 12 months, applications where submissions received not determined from 9 July 2015 to 22 July 2015 under the Local Government Act as Cr Hoban has an immediate family member who worked for the applicant of DA2015/066 and has a reasonable expectation of further employment.  Cr Hoban left the meeting for this item.

 

General Manager, Michael Coulter, declared a non-pecuniary significant conflict of interest in Item 9.4 Outstanding DA's greater than 12 months, applications where submissions received not determined from 9 July 2015 to 22 July 2015 under the Local Government Act as one of the development applications referred to, DA2015/066, involves a person who is in his surf lifesaving patrol at Macksville-Scots Head SLSC and with whom he competes with in surf boat rowing.  Mr Coulter left the meeting for this item.

 


 

 

CONFIRMATION OF MINUTES - Ordinary Council Meeting 16 July 2015

 

942/15 RESOLVED:        (MacDonald/Smyth)

 

That the minutes of the Ordinary Council Meeting of 16 July 2015 be confirmed.


 

 

NOTICE OF MOTION - CR Hoban

 

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

Motion:      (Morrison/Ainsworth)

 

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.

 

3        That LGNSW request that Primary Industry consider a rotational opening and closure of coastal estuaries to commercial fishing to promote sustainability of fish stocks in all rivers. 

 

Amendment:       (Flack/Morrison)

 

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

 

3        That LGNSW request that Primary Industry consider a rotational opening and closure of coastal estuaries to commercial fishing based on publicly available fish stock and environmental monitoring results to promote sustainability of fish stocks in all rivers.  

 

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

 

943/15 Resolved:        (Flack/Morrison)

 

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

 

3        That LGNSW request that Primary Industry consider a rotational opening and closure of coastal estuaries to commercial fishing based on publicly available fish stock and environmental monitoring results to promote sustainability of fish stocks in all rivers.


 

 

NOTICE OF MOTION - CR Flack

 

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

944/15 RESOLVED:        (Flack/South)

 

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.


 

 

PUBLIC FORUM

 

RECOMMENDATION:

 

That the following Public Forum be heard:

          Mr Michael Betts -  work on building sites before 7.00 am

Mr Betts did not attend the Council meeting.


 

 

945/15 Resolved:        (Ainsworth/Flack)

 

That Ms Carrolline Rhodes – author of History of Nambucca Shire Council - provide Council with an update.

 

Ms Rhodes addressed Council.  Ms Rhodes suggested that a suitable date for a book launch to be 5 December 2015. 


 

 

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                300715      Outstanding Actions and Reports

946/15 RESOLVED:        (Flack/MacDonald)

 

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


 

 

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

947/15 RESOLVED:        (Finlayson/Ainsworth)

 

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.

 

For the Motion:               Councillors Hoban, Morrison, Ballangarry, Flack, Smyth, Finlayson, Ainsworth,                                     MacDonald and South     (Total 9)

Against the Motion           Nil


 

 

ITEM 9.3      SF25                  300715      Donation and Fee Waivers

948/15 RESOLVED:        (MacDonald/South)

 

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.


 

 

The Mayor and the General Manager left the meeting for this Item at 6.11 pm and returned after the conclusion of the Item at 6.16 pm.

 

The Deputy Mayor took the Chair for the duration of this item.

 

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

949/15 RESOLVED:        (Morrison/Smyth)

 

That the information be noted by Council.


 

 

ITEM 9.5      SF1031              300715      New Draft Policy - Local Orders Policy

950/15 RESOLVED:        (Flack/Smyth)

 

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.


 

 

Assistant General Manager Corporate Services Report

 

ITEM 10.1    SF251                300715      Schedule of Council Public Meetings

951/15 RESOLVED:        (Ainsworth/Morrison)

 

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


 

 

ITEM 10.2    SF2116              300715      Review of Investment Funds Policy

952/15 RESOLVED:        (MacDonald/Ainsworth)

 

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


 

 

Assistant General Manager Engineering Services Report

 

ITEM 11.1    SF565                300715      Application for Road Closure, River Street Macksville - Vietnam Veterans Day 18 August 2015

953/15 RESOLVED:        (Ainsworth/MacDonald)

 

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.


 

 

COUNCIL IN CLOSED MEETING (CLOSED TO THE PUBLIC)

954/15 RESOLVED:        (Ainsworth/MacDonald)

 

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:


 

 

Assistant General Manager Corporate Services Report

For Confidential Business Paper in Closed Meeting

ITEM 12.1    SF2047              300715      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.


 

 

General Manager Report—LATE

For Confidential Business Paper in Closed Meeting

ITEM 12.2    SF674                300715      Coffs Coast Waste Collection Contract

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.


 

 

CLOSED MEETING

 

The Ordinary Council Meeting's Meeting IN CLOSED MEETING commenced at 6.38 pm.


 

 

RESUME IN OPEN MEETING

 

Resolved:          (Ballangarry/MacDonald)

 

That Ordinary Council Meeting resume in Open Meeting.  The Ordinary Council Meeting resumed IN OPEN MEETING at 7.54 pm.

 

 

FROM COUNCIL IN CLOSED MEETING

 

Assistant General Manager Corporate Services Report

For Confidential Business Paper in Closed Meeting

ITEM 12.1    SF2047              300715      Internal Loan to Finance Land Purchase

955/15 RESOLVED:        (Morrison/Finlayson)

 

1        That Council resolve to amend the current budget to include the purchase of Lot 2 DP 1173066, 6857 Pacific Highway in the Valla Growth Area.

 

2        That this purchase is funded by a loan from Liquid Equity of $500,000 and the balance be funded from an internal loan from the Waste Depot Land Fill Development Reserve.

 

3        That a site inspection be conducted by Council on Monday 3 August 2015, departing Council’s Administration Building at 9.00 am.


 

 

General Manager Report—LATE

For Confidential Business Paper in Closed Meeting

ITEM 12.2    SF674                300715      Coffs Coast Waste Collection Contract

956/15 RESOLVED:        (Finlayson/Ainsworth)

 

That the information concerning the Coffs Coast waste collection contract be received.


 

 

CLOSURE

 

There being no further business the Mayor then closed the meeting the time being 7.55 pm. 

 

Confirmed and signed by the Mayor on 27 August 2015.

 

 

 

 

CR RHONDA HOBAN

MAYOR

(CHAIRPERSON)

          


Ordinary Council Meeting                                                                                                 13 August 2015

General Manager

ITEM 9.1      SF959              130815         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 (not completed as at 4/8/15)

 

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.

 

Reported to Council on 13 August 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

 

Reported to Council on 13 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                                                                                                 13 August 2015

General Manager's Report

ITEM 9.2      SF578              130815         Review of Reporting and Compliance Burdens on Local Government by the Independent Pricing and Regulatory Tribunal (IPART)

 

AUTHOR/ENQUIRIES:    Michael Coulter, General Manager         

 

Summary:

 

The NSW Premier has asked that IPART examine how the State Government regulates local government and to identify options to reduce or streamline unnecessary or excessive planning, reporting and compliance burdens imposed on councils.  The aim of the review is to improve the efficiency of local government and enhance the ability of councils to focus on delivering services to their communities.  IPART are to provide final recommendations to the Minister for Local Government by 22 April 2016.

 

Under the terms of reference for the review, IPART is to:

 

·   Identify inefficient or unnecessary planning, reporting and compliance obligations imposed on councils by the NSW Government through legislation, policies or other means

·   Develop options to improve the efficiency of local government by reducing or streamlining planning, reporting and compliance burdens, and

·   Collect evidence to establish the impacts on councils of reporting and compliance burdens, and to substantiate recommendations for reform.

 

In the available time to make a submission it is not possible to comprehensively review all of the listed legislation and the recommendations made pertain to that legislation which is most commonly used by Council.

 

 

Recommendation:

 

1.       That the instances of inefficient or unnecessary planning, reporting and compliance obligations identified in this report (and any late report) be referred to the Independent Pricing and Regulatory Tribunal (IPART) for consideration in their review of reporting and compliance burdens on local government.

 

2.       That IPART be requested to extend the period for submissions until 15 September 2015.

 

 

OPTIONS:

 

Council can raise matters in its submission to IPART as it sees fit.

 

Council can also choose not to make any submission.

 

Council received notice from IPART of this review on 13 July with a requirement for submissions by 14 August 2015.  The scope of the review is wide ranging and the allocated time frame of one month is very tight for a scope which includes all facets of Council operations.  It is unlikely that most Councils would have the opportunity for their councillors to consider a submission before it is lodged.

 

IPART has also announced a series of workshops to be held at Coffs Harbour (10 September), Wagga Wagga (15 September), Dubbo (16 September) and Sydney (8 October) to confirm the main planning, reporting and compliance burdens and to work with councils to develop options to reduce or streamline these burdens.

 

In these circumstances it is suggested that a further option is to request IPART to consider further submissions from Council up until 8 October 2015.

 

DISCUSSION:

 

The NSW Premier has asked that IPART examine how the State Government regulates local government and to identify options to reduce or streamline unnecessary or excessive planning, reporting and compliance burdens imposed on councils.  The aim of the review is to improve the efficiency of local government and enhance the ability of councils to focus on delivering services to their communities.  IPART are to provide final recommendations to the Minister for Local Government by 22 April 2016.

 

The review was one of the recommendations of the Independent Local Government Review Panel.  The Panel recommended a whole of government review of the regulatory, compliance and reporting burdens on councils.

 

IPART are seeking Council input through both a specialised council questionnaire and a more general Issues Paper.  Submissions from Councils and completed questionnaires are due by 14 August 2015.

 

The specialised questionnaire covers the scope of Council operations  under the subject headings of Building and Construction; Community Order; Environment; Animal Control; Administration; Planning; Public Health and Safety; Public Land and Infrastructure; Water and Sewerage.

 

Under the terms of reference for the review, IPART is to:

 

·   Identify inefficient or unnecessary planning, reporting and compliance obligations imposed on councils by the NSW Government through legislation, policies or other means

·   Develop options to improve the efficiency of local government by reducing or streamlining planning, reporting and compliance burdens, and

·   Collect evidence to establish the impacts on councils of reporting and compliance burdens, and to substantiate recommendations for reform.

 

In developing reform options, IPART must:

 

·   Identify and make recommendations to reduce any duplications in reporting requirements across State Government, including the estimated saving from making these reforms, and

·   Review the necessity of reporting obligations on councils as an essential requirement of implementing State policies.

 

The terms of reference also require IPART to take into account:

 

·   The rationale (or policy objective of State Government planning, reporting and compliance requirements

·      Developments and relevant reviews in other jurisdictions

·   Best practice regulatory principles, including those developed by other highly regarded bodies undertaking relevant reviews and inquiries

·   Support that could be provided by the State Government to help manage planning, reporting and compliance requirements upon councils, and

·   Any identified risks to the NSW Government and the community from reducing the regulatory and reporting requirements on councils.

 

The review will consider:

 

·   The planning, reporting and compliance obligations placed on councils by the State that are specific to councils, and

·   Obligations on councils where councils are, if effect, acting as an “agent” for the State, such as the management of Crown reserves.

 

IPART will not consider the planning, reporting and compliance obligations imposed by the State on councils that are also imposed on any businesses or private entities undertaking the same activity, such as work health and safety requirements or requirements on the operation of child care centres.

 

IPART propose to publicly release a draft report in January 2016 which will discuss reform options for removing or reducing unnecessary or excessive regulatory burdens on councils.  The final report will be delivered to the Minister for Local Government in April 2016 and the Minister will decide on the timing of its public release.

 

The Issues Paper published by IPART in relation to the review can be found on the IPART website www.ipart.nsw.gov.au.  It lists two appendices as a prompt to assist Councils in responding.  Appendix C provides a comprehensive listing of the sources of council planning, reporting and compliance obligations and some examples of policies, plans and reports.

 

The listed legislation in Appendix C is as follows.  In the available time to make a submission it is not possible to comprehensively review all of the listed legislation and the recommendations made pertain to that legislation which is most commonly used by Council.

 

Building and construction

Building Professionals Act 2005

Environmental Planning and Assessment Act 1979

Plumbing and Drainage Act 2011

 

Community Order

Gambling (Two-up) Act 1998

Gaming Machines Act 2001

Graffiti Control Act 2008

Liquor Act 2007

Local Government Act 1993

Registered Clubs Act 1976

Restricted Premises Act 1943

Retail Trading Act 2008

Security Industry Act 1997

Trees (Disputes Between Neighbours) Act 2006

 

Environment

Coastal Protection Act 1979

Contaminated Land Management Act 1997

Environmentally Hazardous Chemicals Act 1985

Filming Approval Act 2004

Fisheries Management Act 1994

Local Government Act 1993

Local Land Services Act 2013

Marine Pollution Act 2012

Native Vegetation Act 2003

Noxious Weeds Act 1993

Pesticides Act 1999

Protection of the Environment Administration Act 1991

Protection of the Environment Operations Act 1997

Recreation Vehicles Act 1983

Threatened Species Conservation Act 1995

Waste Avoidance and Resource Recovery Act 2001

 

Animal Control

Companion Animals Act 1998

Local Government Act 1993

Prevention of Cruelty to Animals Act 1979

 

Local Government Administration

Election Funding, Expenditure and Disclosures Act 1981

Government Advertising Act 2011

Government Information (Public Access) Act 2009

Local Government Act 1993

Public Interest Disclosures Act 1994

State Emergency Service Act 1989

State Records Act 1998

 

Planning

Environmental Planning and Assessment Act 1979

Explosives Act 2003

Community Land Development Act 1989

Heritage Act 1977

Local Government Act 1993

Mining Act 1992

Strata Schemes (Freehold Development) Act 1973

Strata Schemes (Leasehold Development) Act 1998

Strata Schemes Management Act 1996

 

Public health and safety

Boarding Houses Act 2012

Explosives Act 2003

Firearms Act 1996

Food Act 2003

Holiday Parks (Long Term Casual Occupation) Act 2002

Local Government Act 1993

Major Events Act 2009

Motor Vehicles Sports (Public Safety) Act 1985

Public Health Act 2010

Public Health (Tobacco) Act 2008

Public Works and Procurement Act 1912

Rural Fires Act 1997

Smoke Free Environment Act 2000

State Emergency and Rescue Management Act 1989

Swimming Pools Act 1992

Tattoo Parlours Act 2012

Work Health and Safety Act 2011

 

Public land and infrastructure

Cemeteries and Crematoria Act 2013

Children (Protection and Parental Responsibility) Act 1997

Crown Lands Act 1989

Commons Management Act 1989

Electricity Supply Act 1995

Forestry Act 2012

Game and Feral Animal Control Act 2002

Gas Supply Act 1996

Inclosed Lands Protection Act 1901

Impounding Act 1993

Library Act 1939

Local Government Act 1993

National Parks and Wildlife Act 1974

Petroleum (Onshore) Act 1991

Pipelines Act 1967

Roads Act 1993

Road Transport Act 2013

Transport Administration Act 1988

Western Sydney Parklands Act 2006

 

Water and Sewerage

Water Act 1912

Water Management Act 2000

Water Industry Competition Act 2006

 

 

Environmental Planning and Assessment Act 1979

 

Section 76A – Complying Development - The definition of complying development is far too restrictive.  Most minor domestic construction should either be exempt or complying development but the reality is that the definition of complying development means that even very minor domestic construction often requires both development and construction certificate applications.  This significantly adds to costs and delays for both the applicant and council.

 

 

Environmental Planning and Assessment Regulation 2000

 

Clause 62 – Responses by Concurring Authorities - There needs to be a deadline set for the provision of concurrence following which the consent authority should have the power to determine the application if no response has been received from the concurring authority.

 

Clause 70 – Responses by Approval Authorities - As for concurrence roles a deadline needs to be set for the provision of general terms of approval for integrated development.  The consent authority should have the power to determine the application if no response has been received from the approval body.

 

Clause 130AB – Notification of Complying Development - Certifiers are required to provide 14 days’ notice to adjoining and nearby development of an intention to issue a complying development certificate.  This is notwithstanding the fact that a certifier cannot refuse to issue a complying development certificate if it meets the quantitative standards and that adjoining and nearby owners have to be provided by separate (7 day) notice of the commencement of building work.  There is no apparent rationale for the 14 day notice required by clause 130AB.

 

 

Local Government Act 1993

 

Section 27 – Reclassification of Public Land - The use of the local environmental plan process for the reclassification of public land can be unwieldy, time consuming and expensive.  But putting aside whether or not this process should be applied, where there are no public submissions in relation to the reclassification of public land the Council should be allowed to make a simple determination without having to amend its local environmental plan.

 

Section 48 – Responsibility for Public Reserves – This section effectively transfers to councils the management of much of the Crown Land estate in NSW.  However the terms of the delegation provided through the provisions of the Crown Lands Act 1989 means that in Council’s experience there is considerable duplication and wasted resources for leases and licences as invariably there are separate approval processes for Council and Crown Lands.

 

Section 291 – By-Elections - Can we dispense with the costly requirement to fill casual vacancies by a by-election provided the Council still meets the minimum number of elected councillors, ie five?

 

Section 356 – Providing Financial Assistance to Others – Whenever Council receives requests outside its annual donations program by charitable and not-for-profits volunteer based organisations for the waiving of development application fees or for the provision of small donations it must be reported to Council for adoption.  Can’t Councils be allowed to set aside a budget item for such matters and they be attended to under delegated authority?

 

Section 644B – Establishment of Alcohol-Free Zones – Does the establishment of alcohol free zones have to be so onerous in terms of the required process and the fact they can only be for a fixed term requiring the process to be repeated for their renewal?

 

 

Protection of Environment Operations Act 1997 & Protection of the Environment Operations (Waste) Regulation 2014

 

There are onerous reporting requirements/compliance in relation to waste management involving the following,

 

·      Environment Protection Licence - Annual return (Old Landfill Site)

·      Environment Protection Licence - Annual return (New Landfill Site)

·      Monthly monitoring, sampling and testing as per EPA licences

·      Special frequency sampling and testing as per EPA licences

·      Reference data sampling and testing as per EPA licences

·      Event based sampling and testing as per EPA licences

·      Offsite bore sampling and testing as per EPA licences

·      Monitoring, sampling and testing of leachate discharges as per EPA licence revised operating procedures (ROP)

·      Analysis and assessment of surface and ground water quality data

·      Preparation of EPA reporting

·      Website – publication of all monitoring data, annual returns, pollution incidents

·      Pollution Incidence Response Management Plan (PIRMP) reporting

·      Monthly Reporting - Waste and Environment Levy (section 88)

·      Protection of the Environment Operations (POEO) Bi annual - volumetric surveys

·      Annual Local Government data survey

·      Regional Waste Group (Midwaste) – Quarterly reporting of landfill disposal tonnages  

Also onerous reporting requirements in securing grant funding for the following programs,

 

·      Community Recycling Centre (CRC) - $61,083.00 (2014)

·      Better Waste Recycling Fund (BWRF) - $185,000 (2013/14) and $84,474.84 (2015/16)

·      Waste and Sustainability Improvement Payment Program (WaSIP) – $180,035.05 (total 2011/12/13)

 

Whilst it should be expected that human health and safety demands the requirement for the testing and reporting of leachate and other potential pollutants, the reporting requirements around the waste levy have nothing to do with human health and safety but rather relate to the use of solid waste as a tax base.  For this Council provides monthly reporting of data for the waste and environment levy and bi-annual volumetric surveys.

 

The designation of solid waste as a tax base has also spawned some rulings which have further increased the complexity of the reporting.

 

For example if the basis of the waste levy is to provide an incentive to industry to increase recycling opportunities, why are Councils (and their communities) forced to account for and pay the waste levy on products which cannot be recycled or reused for safety reasons.  These products include contaminated soils, asbestos and treated timber.  Councils also have to pay the waste levy on material imported to the waste depot for operational reasons, like clay for daily landfill cover, clay for external cell walls, gravel for internal haul roads and capping materials for completed cells.

 

Companion Animals Act 1998

 

Section 8 and Section 9 – Identification and Registration of Companion Animals – The separation of the process of identifying companion animals from the process of registering companion animals continues to confuse pet owners as well as resulting in additional effort by the pet owner and a doubling up of data maintenance. 

 

 

Government Information (Public Access) Act 2009

 

Section 25 – Requirement for disclosure log – What and why?  Most GIPA requests received by Council are very specific pertaining to neighbourhood disputes or litigation.  Because the requests are so specific, the commitment of time to a disclosure log cannot be justified.  With the very slight chance that a GIPA request might be repeated, the staff processing the request will certainly be aware of any other requests and will not duplicate work.

 

Section 125 – Reports to Parliament – I don’t necessarily accept that the resources applied to the annual reporting on GIPA applications as required by Section 125 and Clause 7 of the Regulations is justified in providing as an indicator of how well the legislation is working.  Further the time of the GIPA annual report being 4 months from the end of the financial year does not align with Council reporting which is 5 months from the end of the financial year.  What changes in legislation or process have arisen as a consequence of the annual reports local government has been making since the commencement of the GIPA legislation?

 

 

Crown Lands Act 1989

 

Sections 42 & 45 – Leases and Licences of Crown Land – Notwithstanding Councils’ delegated role of trustee of Crown Land it has no power to authorise leases or licences of Crown Land.  Council’s experience is that this frequently results in “double handling” and inconsistent advices when members of the public make separate representations to both the Council and the local Crown Lands office.

 

 

Roads Act 1993

 

Sections 35, 36 & 37 – Process for Completing Road Closures – the process required for even minor and non-controversial road closures is lengthy requiring a 28 day exhibition period and notice to be published in the Government gazette.  For minor non-controversial matters there should be a less onerous process.

 

Section 38 – Council (unformed) public roads vest in the Crown on closure – This provision effectively negates any Council endeavour to capitalise on many unused or underutilised sections of road which could be sold to adjoining property owners.  To this extent both the local government area, the Crown and the community are the losers as a consequence of lost opportunities for economic development.

 

Other issues have also been identified by Council’s Surveyor but at the time of report publication I have not been able to fully assess them.

 

It is likely that further matters will be identified in a late report to Council’s meeting on 13 August 2015

 

CONSULTATION:

 

There has been consultation with Council management and other staff who have key reporting and compliance roles.

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are no significant issues for the environment.

 

Social

 

There are no social issues.

 

Economic

 

Council staff and the community are often frustrated by costs and delays associated with reporting and compliance burdens imposed by the State.  The issue is most acute when the matter is non-controversial but the Council is still obliged to follow a process designed for matters where there is disagreement or conflict.

 

The cost to Council (and the community) of redundant processes should not be underestimated.

 

Risk

 

There are no particular risks to Council as it is only recommended that Council make a submission to IPART.

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

At this stage there are no budgetary impacts.

 

Source of fund and any variance to working funds

 

At this stage there is no variance to working funds.

 

Service level changes and resourcing/staff implications

 

The review is very wide ranging and the time which has been made available for submissions is unlikely to be sufficient for most Councils to formulate a considered response.

 

Attachments:

There are no attachments for this report.


Ordinary Council Meeting                                                                                                 13 August 2015

General Manager's Report

ITEM 9.3      SF2037            130815         Minutes of the Nambucca Shire Council Access Committee meeting held 28 July 2015

 

AUTHOR/ENQUIRIES:    Coral Hutchinson, Manager Community Development         

 

Summary:

 

The minutes of the Nambucca Shire Council Access Committee meeting held Tuesday 28 July 2015 are attached for Council’s endorsement. 

 

There are no formal recommendations requiring Council’s attention.

 

 

Recommendation:

 

That Council endorse the minutes of the Nambucca Shire Council Access Committee meeting held 28 July 2015.

 

 

OPTIONS:

 

Council has the option of not endorsing the minutes or making additional or alternative resolutions.

 

DISCUSSION:

 

Nothing required. 

 

CONSULTATION:

 

Nothing required

 

SUSTAINABILITY ASSESSMENT:

 

Environment

Nothing identified

 

Social

Nothing identified

 

Economic

Nothing identified

 

Risk

Nothing identified

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

There are is impact on budgets resulting from this report.

Source of fund and any variance to working funds

Nil

Service level changes and resourcing/staff implications

Nothing identified

 

Attachments:

1

22070/2015 - Minutes - Access Committee - 28 July 2015

 

  


Ordinary Council Meeting - 13 August 2015

Minutes of the Nambucca Shire Council Access Committee meeting held 28 July 2015

 

PRESENT

 

Cr Elaine South (Chairperson)

Mr Les Small

Ms Alba Sky

Ms Jenny Adams

Mr Peter Shales

Ms Coral Hutchinson

Cr Anne Smyth

Ms Janet Pope

Mr Keith Davis

 

 

APOLOGIES

 

Ms Lee-anne Funnell

Dr Dorothy Secomb

Ms Margaret Hutchinson

 

 

Assistant General Manager Corporate Services Report

 

ITEM 3.1      SF2037              280715      Confirmation of the Minutes of the Previous Meeting held 23 June 2015.

ReSOLVED: (davis/small)

 

That the Committee confirm the minutes of the meeting held 23 June 2015.

 

 

 

 

ITEM 3.2      SF2037              280715      Business Arising from Previous Meeting held 23 June 2015

Recommendation: (davis/pope)

 

The Committee decided to express its interest in a partnership with Coffs Harbour Council’s Access Advisory Committee to revisit the Missed Business project.

 

 

 

ITEM 3.3      SF2037              280715      Correspondence to the Access Committee meeting 28 July 2015

Recommendation: (davis/pope)

 

The correspondence as listed was endorsed.

 

 

 

 

ITEM 3.4      SF2037              280715      Report on General Business to the Access Committee 28 July 2015

Recommendation:

 

The Committee requests a timeframe for the installation of the seat at the bus stop in Back Street as per its recommendation to Council from the 24 February meeting.

 

The Committee requested Janet Pope to liaise with Cr Smyth and Dorothy Secomb (when road work is finished) regarding the pedestrian refuge outside Woolworths in Nambucca Heads.

 

The following matters were discussed:

1.   Nambucca Valley Phoenix, Little Village display in Council’s foyer.

2.   Footpath outside Star Hotel.

3.   Independent Living Centre workshop for people with complex communication needs. 

4.   New group fitness room at Macksville Aquatic Centre and YMCA Swimability funding raising – Swimathon 28 February 2016.

5.   Building Accessibility into your Events Workshop.

 

 

 

   

 

NEXT MEETING DATE

 

The Committee resolved that the next meeting will be held on Tuesday 22 September 2015 commencing at 2.00 pm in the Council Chambers.  The August meeting will be replaced by a visit to the Living Well Expo in Coffs Harbour on 19 August.  Members will travel with Community Transport if it is running a bus.

 

CLOSURE

 

The Chairperson closed the meeting at 3.15 pm. 

 

CR SOUTH

(CHAIRPERSON)


Ordinary Council Meeting                                                                                                 13 August 2015

General Manager's Report

ITEM 9.4      SF1541            130815         Planning Proposal Gateway Determination - Subdivision of Rural Lots Severed by a sealed road

 

AUTHOR/ENQUIRIES:    Grant Nelson, Strategic Planner         

 

Summary:

 

The purpose of this report is to advise Council that the Gateway Panel did not support Council’s planning proposal to allow subdivision of rural land severed by a seal road.

 

 

Recommendation:

 

That Council note the Gateway Panel determination of the Planning Proposal not to allow subdivision of rural land severed by a sealed road and no further action be taken.

 

 

OPTIONS:

 

Nil

 

 

DISCUSSION:

 

On the 26 March 2015 Council resolved to support a planning proposal to allow the subdivision of rural land that was severed by a sealed road.  The following was resolved:

 

1        That pursuant to the Clause 55 of the Environmental Planning and Assessment Act 1979, Council prepare a planning proposal to support an amendment to the Nambucca LEP 2010 to allow land severed by a sealed rural road to be subdivided as outlined in the content of this report.

 

2        The Planning Proposal and associated material be submitted to the Minister for Planning for consideration under Clause 56 of the Act. Council request the matter be referred to the Gateway panel for consideration.

 

3        The results of the Gateway determination be reported to Council for further information.

 

Council staff drafted the planning proposal which was forwarded to the Department of Planning and Environment on the 12 June 2015.  The matter was considered by the Gateway Panel and a Gateway determination of the matter was made on the 24 July 2015.  The Gateway Determination is attached for Council’s information.  All the information and reporting regarding this matter is available on the Department of Planning website at the following link:

 

http://leptracking.planning.nsw.gov.au/Default.aspx

 

The planning proposal was not supported by the Gateway Panel for the following main reasons:

 

1.       inconsistencies with the mid north Regional Plan in respect to fragmentation of rural land and rural subdivision principles

2.         potential conflicts between traditional rural uses and additional rural housing

3.         potential for inappropriately located rural subdivision

4.       the planning proposal does not adequately address in-consistencies with Section 117 directions and State Environmental Planning Policy (rural lands) 2008

5.         further rural subdivision should be within the context of Council’s Rural Residential Strategy.

 

It is recommended that Council advise persons who have made previous representations to Council on this matter be advised of the outcome of the Gateway determination.

 

 

CONSULTATION:

 

Nil

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

Nil

 

 

Social

 

Nil

 

Economic

 

Nil

 

Risk

 

Nil

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

Nil

 

Source of fund and any variance to working funds

 

Nil

 

Service level changes and resourcing/staff implications

 

Nil

 

 

Attachments:

1

23297/2015 - Response regarding Planning Proposal - Subdivision of Rural Land Severed by a Sealed Road - LEP 2010

 

  


Ordinary Council Meeting - 13 August 2015

Planning Proposal Gateway Determination - Subdivision of Rural Lots Severed by a sealed road

 




Ordinary Council Meeting                                                                                                 13 August 2015

General Manager's Report

ITEM 9.5      PRF72              130815         Planning Proposal - Proposed reclassification of Kingsworth Estate Dam

 

AUTHOR/ENQUIRIES:    Grant Nelson, Strategic Planner         

 

Summary:

 

In October 2014 Council resolved to reclassify the Kingsworth Estate Dam from community land to operational land. Staff have progressed with the drafting of a planning proposal to support this  reclassification, however in drafting the proposal it is noted that the Council resolution is not clear in its intent and clarification is required to finalise the planning proposal prior to presenting it to the Department of Planning and Environment for gateway determination.

 

Costs and risk involved in the future management of the reserve were recognised as the key contributing factors to support the reclassification however the Council resolution provides no direction in regards to the future of the land other than it is to become operational land.

 

Within this report staff have identified a number of other opportunities that may provide assistance to the future management of the land and it is recommended these opportunities be investigated prior to proceeding with any further recommendations to support the planning proposal. 

 

 

Recommendation:

 

1          That Council not proceed with the reclassification of the public reserve at this point in time.

 

2        That Council investigate opportunities to assist in the management of the Council reserve being Lot 40 DP711098 and the matter be reported back to Council in 6 months.

 

 

OPTIONS:

 

Council may choose to proceed with the reclassification in which case the following is recommended:

 

·                      The land be reclassified for the purpose of future disposal;

·                      The land be rezoned E3 Environmental Management;

·           The minimum lot size maps related to the land be amended to allow a future dwelling on the land. And;

·           A conservation agreement be placed on the land to ensure the future management of land is undertaken in a manner that reflects the sensitive attributes of the land.

 

 

DISCUSSION:

 

On the 16 October 2014 Council resolved to support the reclassification of the Council Reserve Lot 40 DP711098 recognised as the Kingsworth Estate Dam from community land to operational land. Council’s resolution is provided as follows:

 

487/14 Resolved(Finlayson/Ainsworth)

 

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

 

Note: Cr Flack requested that her vote be recorded against the resolution as she believes Council is pre-empting the outcome of the report by Suters Planning on community facilities and open space.

 

Staff have progressed with the preparation of the planning proposal to support the reclassification, however as the proposal was drafted it became apparent that the resolution of Council did not provide any clear purpose or direction for the amendment. This has implications for the drafting of the planning proposal and for the future public hearing required to be held in regard to the matter. The following is noted:

 

·                      No purpose for the reclassification could be identified in the draft planning proposal;

·           In respect to the future of the land, staff would not be able to provide clear responses to questions asked during public participation in the process including the public hearing;

·           Should Council later resolve to take action on the reclassified land it is highly likely the LEP amendment process will need to be undertaken again, for instance the land would need to be rezoned from RE1 Public Open Space to an alternative zone; if a dwelling was to be permitted it would require amendments to the minimum lot size maps. This would lead to unnecessary repetition of processes and public exhibition and inefficient use of staff resources.

 

Should Council wish to proceed with this amendment a certain purpose for the reclassification is required to be identified.

 

Further to the previous report to Council and the subsequent resolution of Council the following options are presented for Councils consideration.

 

Option 1 – Maintain the Community Classification of the land and identify resources to assist in the management of the land

 

Councils General Manager previously reported the following in regards to the present management practices on the site.

 

The Plan of Management for the Reserve which was adopted in January 2012 is attached.  The plan of management commits Council to annual inspections of the land in relation to weed control, lopping hazardous trees, removing trees with termite infestations, taking action against unauthorised use and intrusion, bushfire protection and control of runoff.  There are also requirements in relation to signage and the preparation of a bushfire management plan.

 

None of the listed requirements in the plan of management are considered excessive for the management of a natural area, however the financial reality of Council’s operations is that these requirements have not been met.  For example there is no evidence of a Bush Fire Management Plan ever having been prepared let alone implemented, nor is there any evidence of the nominated annual inspections.  Any failure to meet the requirements of the plan of management will be relevant should there ever be an incident which results in harm to a person or property and which may have been mitigated by the actions identified in the plan of management.  This is the inherent risk in Council continuing to be responsible for land without the necessary funds to manage it.

 

Consideration has been given to reviewing the plan of management to try and reduce some of the management requirements and potentially reduce the liability risk to Council.  A risk assessment of the land was conducted in 2012 and a copy of the assessment is attached.  The recommendations of that assessment have not been implemented either, presumably due to cost.  For example the construction of the recommended emergency vehicle access will cost many thousands of dollars.

 

In respect to the future management of the site, given environmental attributes of the area it is likely that Council may be able to attract funding to assist with site management through a number of available funding sources. Staff would like to pursue these opportunities in more detail so Council may give further consideration to the future area. Several opportunities include but are not limited to:

 

·                      Biobanking

·                      Conservation agreements

·                      Environmental Trust Funding

·                      OEH estuary funding

·                      Fish habitat funding

·                      Bushfire Management Funding

 

Some of the options listed above such as biobanking and conservation agreements may present opportunities for other Council managed reserves.

 

Option 2 – Reclassification for future disposal

 

It is noted that the Council reserve is generally highly constrained in respect to any future development with the following constraints noted; bushfire, steep grades; threatened species and endangered ecological communities; access and effluent management. Due to these constraints and the fact the water body comprises the majority of the site, finding a suitable dwelling envelope on the site would be difficult. In respect to access to the site the following is noted:

 

o    Access to a location at the western end of the site off Old Coast Road is steep and heavily vegetated and would be likely to require significant clearing for bushfire purposes and engineering solutions to the steep grade of the land.

 

o    Access to a cleared location on the north eastern portion of the site would only be available should Council negotiate purchase of adjoining land on Lot 41 for access and contribute to access upgrades over an existing right of way.  Further, this space has very little land available for an effluent management system which may encroach on the water body.

 

Given the heavily constrained nature of the reserve it is unlikely that a suitable building envelope would be identified on the site. That is despite significant resources required to support the reclassification and rezoning including staff time, threatened species assessments, bushfire assessments, effluent management, potential acquisition of land, engineering designs and other requirements.

 

As reported by the General Manager the proposed reclassification has received significant opposition from the local community and the Department of Planning and Environment have advised that they have received a submission on the matter from the local residents.

 

For these reasons it is recommended Council reconsider its previous resolution and allow staff to proceed to investigate opportunities to assist in the management of the land. Nevertheless should Council wish to proceed with the reclassification the following is recommended.

 

·           Council reclassify the land from community to operational, zone the land E3 Environmental Management and amend the lots size to enable an additional dwelling;

 

·           Council also resolve to place a conservation agreement on the land prior to its disposal. This is to ensure sensitive areas of the site are not impacted by future development. This agreement could be in the form of a Vegetation Management Plan with Local Land Services or a conservation agreement with OEH.

 

 

CONSULTATION:

 

General Manager

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

The Council reserve has attributes that make future development of the area difficult even for a single dwelling. This is a likely contributing factor for the land being offered to Council as open space and not further developed when the Kingsworth Estate was originally subdivided.

 

Social

 

The community has expressed concerns to Council regarding the reclassification and have also made representations to the Department of Planning and Environment in anticipation of the planning proposal being submitted for gateway determination.

 

Economic

 

The recommendation has no economic impacts.

 

Risk

 

There is a risk that significant staff time will be required to proceed with the amendment and a positive result may not be achieved.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

There is no provision in the budget for the necessary environmental investigations which will be required for the proposed rezoning.  These will include a bush fire assessment and flora/fauna assessment.

 

The required public hearing for the reclassification could be undertaken by a staff member of an adjoining Council.  The cost attached to this would be the offer of a reciprocal arrangement.  However given the anticipated opposition to the reclassification it is likely that Council would need to employ a consultant to undertake and report on the public hearing.

 

Source of fund and any variance to working funds

 

There is no impact on working funds.

 

Service level changes and resourcing/staff implications

 

Staff have drafted a planning proposal however as indicated in this report further resolutions of Council are required to ensure that the proposal has a clear intent.

 

The preparation of the necessary environmental investigations will also need to be managed.  However, as previously report by the General Manager the removal of the reserve from Council’s list of assets to maintain would over time result in a substantial reduction in Council’s service levels. To offset these costs it is recommended Council investigate opportunities to assist in the future management of the land.

 

 

Attachments:

1

26765/2011 - Adopted Plan of Management

 

2

3710/2012 - Risk Assessment

 

  


Ordinary Council Meeting - 13 August 2015

Planning Proposal - Proposed reclassification of Kingsworth Estate Dam

 

 

 

 

 

PLAN OF MANAGEMENT

 

NATURAL AREAS, BUSHLAND

 

Part Lot 40 DP 711098

Old Coast Road, Kingsworth Estate

 

 

 

Prepared by:

                                                     Nambucca Shire Council

                                             P O Box 177

                                             MACKSVILLE  NSW  2447

 

 

Adopted by Council 19 January 2012


Ordinary Council Meeting - 13 August 2015

Planning Proposal - Proposed reclassification of Kingsworth Estate Dam

 

NAMBUCCA SHIRE COUNCIL

 

 

 

PLAN OF MANAGEMENT

 

NATURAL AREAS,

BUSHLAND

Part Lot 40 DP 711098

Old Coast Road, Kingsworth Estate

 

BACKGROUND

 

The landowner of the adjacent property, (Lot 63 DP 1058432), approached Council with a proposal for a boundary adjustment to enable a land swap between the Council reserve land and the rural land within Lot 63.

 

Council resolved to proceed with the Draft LEP (Amendment No. 62) on the 20 April 2006 and Council received an authorisation to issue a Section 65 Certificate on 7 July 2006, and exhibited the draft plan from 25 August 2006 to 22 September 2006. The Draft LEP was for the rezoning of the land to be exchanged and reclassification of the open space land.

 

The land was categorised as community land (Natural Area, Bushland) on 4 May 1995 and was dedicated to Council as part of a developer contribution under Section 94 of the Environmental Planning and Assessment Act 1979. It was indicated at that time that the design for subsequent stages were preliminary and “minor variations in boundary location between lots and proposed public reserve may be necessary”.

 

Council concurred with the land exchange and reclassification to enable legal access to the reserve. There is no suitable legal access from the end of Florence Wilmont Drive to Old Coast Road as the existing access way between Lots 5 and 6 Florence Wilmont Drive is suitable for pedestrian or bicycle access only. Council require access to the dam within the reserve for the purpose of emergency drought situations, water for dust suppression and for fire fighting purposes.

 

 

GENERAL DESCRIPTION

 

This plan applies to the community land in the category of Natural Area, Bushland.  It is intended to cover the land known as Part Lot 40 DP 711098 Old Coast Road, Kingsworth Estate.

 

The subject land is located in Nambucca Heads at the western end of Florence Wilmont Drive. The land is adjacent to an informal intersection with Old Coast Road. The land is located at the western extremity of the Kingsworth Estate Rural Residential Release Area.

 

The site is located at the western end of Kingsworth Estate and adjoins land predominately zoned R5 Large Lot Residential.

 

 

 

CLASSIFICATION OF LAND

 

The land known as Part Lot 40 DP 711098 Old Coast Road, Kingsworth Estate is categorised as community land. The sub-category is Natural Area, Bushland.

 

The proposal requiring the reclassification of the land is the result of a proposed boundary alteration; a land swap between the rural land and open space land. The exchange of land will result in a nett increase in the reserve of 8,940 m2; 4,960 m2 of reserve is proposed to be zoned for rural residential purposes and 1.39 hectares of rural land is proposed to be rezoned for open space purposes.

 

The proposal will increase the street frontage of the reserve from 60.57 m to 242.67 m and will allow a dedicated road to the existing dam to be used for emergency access for water in times of drought and for water to be used for fire fighting purposes or as a dust suppressant at other times.


 

Pre-existing zone

New Zone

 

 

OWNER OF LAND

 

Nambucca Shire Council is the owner of the land.  Part Lot 40 DP 711098 Old Coast Road Kingsworth Estate.

 

 

TRUST, ESTATE, INTEREST, DEDICATION, CONDITION, RESTRICTION OR COVENANT APPLYING TO THE LAND

 

There is no trust, estate, dedication, condition, restriction or covenant applying to the land known as Part Lot 40 DP 711098 Old Coast Road, Kingsworth Estate.

 

 

OWNERS APPROVAL OF MANAGEMENT PLAN

 

Nambucca Shire Council is the owner of the land.

 

 

LEASEHOLD DETAILS

 

There are no leasehold details associated with the land known as Part Lot 40 DP 711098 Old Coast Road, Kingsworth Estate. 

 

 


Ordinary Council Meeting - 13 August 2015

Planning Proposal - Proposed reclassification of Kingsworth Estate Dam

 

NAMBUCCA SHIRE COUNCIL

 

PLAN OF MANAGEMENT

 

NATURAL AREA, BUSHLAND

Part Lot 40 DP 711098

Old Coast Road, Kingsworth Estate

 

MANAGEMENT ISSUES

OBJECTIVE/PERFORMANCE TARGETS

MEANS OF ACHIEVEMENT

MANNER OF ASSESSMENT

Landscape Character

Maintain the natural flora

Reduce the invasion of urban weeds

Annual inspection

 

 

Control noxious weeds

Annual inspection

 

 

Maintain existing native plants. Replant with local indigenous plants

Annual inspection

 

 

Lop trees that are hazardous to users and adjoining private land.  (Do not lop to restore views or that shade properties)

Annual inspection

 

 

Remove trees with termite infestations

Annual inspection

Facilities

Limit construction of facilities on reserves

Limit furniture to seats where needed by walkers.  No toilets, garbage bins, tables or BBQ’s

Annual inspection

Paths

Access paths are to be non-intrusive

Use natural materials such as gravel, soil, bark on pathways and timber formed steps where necessary

Identify high use areas by pedestrians

Unauthorised Use

No intrusion is permitted of private use such as gardens, boats, cars, caravan, rubbish etc

Existing intrusions are identified and notices to remove are issued

Annual inspection

Bushfire Protection

Litter not be allowed to accumulate to the stage of being a bush fire hazard

Slash block or control burn according to Bush Fire Management Plan

Annual inspection

 

 

 

Prepare Bush Fire Management Plan

 


 

MANAGEMENT ISSUES

OBJECTIVE/PERFORMANCE TARGETS

MEANS OF ACHIEVEMENT

MANNER OF ASSESSMENT

Management and Administration

An efficient and practical administration and management system with clear areas of responsibility and a well defined method of obtaining

Employment of staff with horticultural training.  Provide sufficient funds for correct maintenance practice

The reserve is to maintain its natural environment. The park superintendent to develop a program to maintain the reserve at a reasonable standard

Soil and Drainage

To maintain a surface runoff system compatible with the bushland

Use natural drainage lines, pipelines, dish drains, grass drains

The reserve is to maintain its natural environment

 

 

Control runoff from adjacent development

Annual inspections

 

 

Control runoff from road drainage

No evidence of siltation or water borne rubbish

 

 

Prevent and control erosion

Annual inspection

 

 

Keep gullies free of debris

Annual inspection

Fencing

Protect areas from damage by vehicles, pedestrians and intrusion

Identification of fencing locations to ensure vehicles are kept out of the reserve

Annual inspection

Parking

Restrict parking to defined areas

Identify the need for parking to ensure vehicles are kept out of the reserve

Annual inspection

Signs

Identify as public land

Erect signs at access points

Install signage in 2012

Utilities

To allow the installation of utility services

Permit the construction of underground pipelines for stormwater, sewerage and water supply

Plans and completed works to be approved by the Manager responsible for Recreation

 

 

Permit surface drainage of stormwater

 

 

 

Permit overhead or underground electricity supply

 


Ordinary Council Meeting - 13 August 2015

Planning Proposal - Proposed reclassification of Kingsworth Estate Dam

 

 

Risk Assessment

 

Natural Areas, Bushland

 

Requirement for Fencing around the Dam at

Part Lot 40DP711098

Old Coast Road, Kingsworth Estate

 

Prepared by:

 

Safety & Risk Officer

Nambucca Shire Council

15 February 2012

 

NAMBUCCA SHIRE COUNCIL

 

 

Risk Assessment

 

Risk Assessment Methods:

·    Consultation with Director Environment and Planning, GIS Officer, resident adjoining the dam, Jardine Lloyd Thompson;

·    Site visit;

·    Comparison and experience with fencing requirements for other rural position dams;

·    Assessment Table 1 - Factors for determining batter and fence treatments.

 

 

Risk Assessment - Kingsworth Estate Dam

The dam is located in a rural position within a large parcel of Community Land (Natural Area, Bushland) which is surrounded by rural and large rural residential allotments. There are no schools or facilities nearby and it is not frequented regularly by the public.  Consultation with a resident adjoining the dam that has lived there for 8 years and has a view of the dam indicated that they had never seen people at the dam.  The dam is not located in clear view of the general public and is not overly attractive to children.  The construction of a new access road would highlight the position of the dam although this would not necessarily make it any more attractive to children or the public.  Construction of a lockable gate across the proposed access road restricting access to the dam would also deter people from entering.  

 

Table 1   Factors for determining batter and fence treatments.

1.  Batter slopes – above permanent water level (Select the steepest batter slope in the section of the wetland/basin being considered).

Risk Factor

1:6 or shallower (1:8 ideal)

1

1:4 up to 1:6

(2)

Steeper than 1:4

6

Vertical Wall above permanent water level.        0.1m<wall height£0.5m

8

Vertical Wall above permanent water level.        Wall height>0.5m

16

 

2.  Vertical drop at water edge – below permanent water level

Risk Factor

0.0<vert. drop£0.3m       (vertical drop at the permanent water edge)  or continuously graded slopes

0

0.3<vert. drop£0.5m       (vertical drop at the permanent water edge)

(4)

>0.5m          (vertical drop at the permanent water edge)

8

 

3.  Max water depth between water edge and 4m from the water edge – below permanent water level

(NOTE: For detention basins, the 1:20yr water level shall be considered as the permanent water level if ponding time exceeds 2 hours or total water depth is greater than 1.2m. 

In constructed wetlands, the permanent water level is considered to be the level of the low flow pipe/outlet structure.  Designers must take into account temporary increases in water levels due to storm events and incorporate appropriate batter/fencing treatments relative to the likely risks.  Underwater batter slopes deeper than 1.0m water depth to be determined by geotechnical investigation)

Risk Factor

£0.67m            (max water depth up to 4.0m from the permanent water edge)

2

0.67<water depth£1.0m           (max water depth up to 4.0m from the permanent water edge)

(4)

>1.0m              (max water depth up to 4.0m from the permanent water edge)

16

 

4.  Site context (Select the site context that best fits the site being assessed)

Risk Factor

·      Rural land

·      Residences within 1km of site and there is surveillance from overlooking properties.

·      Infant/primary schools are >1km from the site.

(2)

·      Reserve designed to incorporate a constructed wetland as a landscape feature integral to the open space.  Adjacent areas may already contain other water bodies or watercourses.

·      Residences within 100m of site and there is good surveillance from overlooking houses.

·      Infant/primary schools are >250m from the site.

4

·      Reserve, with potential high use including likely high pedestrian and cyclist numbers, playground, picnic/BBQ facilities and possible larger public events.

·      Infant/primary school >250m from the site.

·      Residential areas £150m of the site.

·      Moderate/good public surveillance.

6

·      Reserve including parkland/natural areas, generally with low use.

·      Infant/primary school £250m from site and/or on a direct route to/from the school.

·      Residential areas >150m from the site.

·      Limited public surveillance.

8

 

Batter treatment and Fencing requirement (Add selected Risk Factors from items 1-4).

Total Score

Mown grass and/or planting for aesthetic and shade purposes.

£11

Dense planting (2.5m width minimum, 4.0m width ideal. Plants to be preferably clumping, to approximately 0.75m high and at 0.5m spacing maximum).

(12)-16

Dense planting and accidental entry fencing.

17-21

Exclusion fencing.

>21

 

 

Item                                                                                                 Risk Factor

1.         Batter slopes above water level

On average the batter slopes above water level appear to be

between 1:4 – 1:6 above the permanent water level                                                2       

2.         Vertical drop below water level

Vertical drop below permanent water level approx 0.3 – 0.5m                       4

3.         Max water depth within 4m of shore

Estimated 1m                                                                              4

4.       Site context

Rural Land                                                                                              2

 

                                                                                               TOTAL      12

 

 

 

 

 

Maintenance considerations

Safe, practical and efficient maintenance is essential.  Considerations could include:

 

·    Access and manoeuvring areas for vehicles and equipment. Gates should be lockable and 4.3m wide for excavator access and 3.0m wide for backhoes and truck access.

·    Material handling and de-watering areas

·    Mowing operations (The layout should facilitate tractor mowing).

 

Emergency Considerations

If fencing is determined necessary consideration needs to be given to:

·    Bush fire fighting;

·    Emergency vehicle access;

·    Shared keys with other authorities

 

To keep things in perspective Nambucca Shire Council has many kilometres of land adjoining the ocean, rivers, and creeks.  There are also other bodies of water such as at Dawkins Park Macksville which are more accessible and attractive to the public and children especially.  The Kingsworth Estate Dam is located well away from high population areas, houses, schools, and infrastructure and is not overly attractive to children. 

 

Whilst the potential for drowning is always present I would consider the likelihood extremely low.  To fence the dam would require approximately 2 kilometres of fencing.  Fencing or dense planting would restrict access to the dam by authorities and the adjoining properties owners which could hinder fire fighting efforts. The cost of fencing would be prohibitive and disproportionate to the likelihood of an incident occurring.

 

There is no current legal requirement for fencing

 

Recommendations

1.   Warning signage be installed at the entry points warning of the hazards;

2.   A 4.3m wide access road be constructed with a lockable gate;

3.   Keys be controlled by Council and issued to Council staff and other authorities;

4.   Do not install seats for walkers;

5.   Do not create or construct access paths

 

 

This assessment is based on the current use of the dam site as a source of water for authorities.  If in the future the incorporation of infrastructure such as access paths, boardwalks, viewing platforms, tables, play equipment etc is to be constructed, which will invite people to the dam site or make the site attractive to children then additional risk assessment will be required.

 


Ordinary Council Meeting                                                                                                 13 August 2015

General Manager's Report

ITEM 9.6      SF2038            130815         Outstanding DA's greater than 12 months,
applications where submissions received
not determined from 23 July 2015 to 5 August 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 have 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

Four public submissions have been received – all oppose the development

·        Concerns were 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.

·        Low quality of drawings submitted with DA should have led to it not being accepted.

·        Quality of information with DA is inadequate.

·        Location of the proposed dam could lead to acid sulphate entering Newee Creek and the Nambucca River and have a highly detrimental effect on the oyster industry in the river.

·        Office of Water must inspect and approve the development

·        Professionally drawn plans with RLs should be submitted.

·        Detailed water management plan should be submitted.

·        Concerns raised about subsequent blueberry industry including high water usage and itinerant workers living on the property.

 

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

 

DA NO

DATE OF RECEIPT

PROPOSAL

PROPERTY DESCRIPTION

2015/089

24 June 2015

Additions to Pub

Lots 5 & 6 Sec B DP 6045 & Lot B DP 340974, 2-4 Wallace Street, Macksville

SUBMISSIONS RECEIVED/STAFF COMMENTS

One public submission has been received – it opposes the development

·           The application contradicts Council’s Smoke-Free Outdoor Areas Policy

·           Louvered area is not sufficient enough for passive smoking not to occur in the area around the shelter that it will be constructed

·           Nearby businesses are complete smoke-free presently

·           Change in slope of the laneway will create pooling of water

·           A Class D drainage grate would be more appropriate than a Class C

Attachments:

There are no attachments for this report.  


Ordinary Council Meeting                                                                                                 13 August 2015

General Manager's Report

ITEM 9.7      SF775              130815         Presentation to Council by Mr Kevin Williams, Regional Arts Development Officer

 

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

 

Summary:

 

Mr Kevin Williams, Regional Arts Development Officer, has been invited to address Council at its meeting on Thursday 13 August 2015.

 

Mr Williams will inform Council about Arts Mid North Coast’s activities in the past twelve months.

 

 

Recommendation:

 

That Council note the presentation by Mr Kevin Williams on the activities of Arts Mid North Coast and its plans for 2015.

 

 

OPTIONS:

 

There are no options.  Mr Williams’ request to address Council has been approved.

 

 

DISCUSSION:

 

Arts Mid North Coast is invited annually to submit a report to Council and to deliver a presentation in person.

 

 

CONSULTATION:

 

General Manager

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are no implications on the environment.

 

Social

 

Arts Mid North Coast is the leading agency on the Mid North Coast concerned with the development of the Arts.

 

Economic

 

There are no economic implications arising out of the presentation.

 

Risk

There are no risks associated with the presentation

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

Council made a contribution of $5174 plus GST in June 2015.

 

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 implications to service levels or resourcing.

 

Attachments:

There are no attachments for this report.


Ordinary Council Meeting                                                                                                 13 August 2015

General Manager's Report

ITEM 9.8      SF2066            130815         Naming Of The Bowraville Off River Water Storage Dam - Bowra Dam               

 

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

 

Summary:

 

At Council’s meeting on 12 February 2015 it resolved that the off river water storage is to be officially known as “BOWRA DAM” and that the Geographical Names Board be advised.

 

Council has now received a response from the Geographical Names Board – copy of response is at the end of this report

 

The Board received four (4) submissions – three of which were objections to the name “Bowra Dam”.  The objectors each provided alternate names which can be seen below.

 

 

Recommendation:

 

That Council adopts the name “Bowra Dam” for its off river water storage.

 

 

OPTIONS:

 

1              Council can adopt the name Bowra Dam

2              Council can choose to call the dam one of the three suggested names given in the submissions

3              Council can choose to give the dam another name altogether.

 

DISCUSSION:

 

The Geographical Names Board received four (4) submissions – three of which were objections to the name “Bowra Dam”.  The objectors each provided alternate names as follows:

 

1        “My suggestion is to name it THE HERITAGE DAM.  That would have a meaning for all peoples, past present and future generations.”  

 

2        “In response to Nambucca Shire Council’s request for submissions to name the Bowraville Dam (as advertised in the Guardian Newspaper) I wish to submit the following suggestion.  BARINGUP for Bowraville Dam.

 

          Baringup is an Aboriginal word for watering-place.  The use of a title which incorporates the language of the traditional owners of the land in Bowraville, the Gumbaynggirr people, would reflect the purpose of the site and pay respect to the lands traditional owners.”

 

3        The name Bowra is an abbreviation of Bowraville dam; therefore I would suggest that the name be BOWRAVILLE DAM in lieu of Bowra Dam.

 

In response to the submissions and by way of background, the recommendation for the name “Bowra Dam” is based on its location on Bowra Creek.  The word “Bowra” comes from the Gumbaynggirr place name, Bawrrung.  The town was originally named “Bowra” with the “ville” being added to the name in the 1870’s to avoid confusion with the Southern Highlands town of Bowral.  Therefore the suggested name of “Bowra Dam” is faithful to both the heritage of the town and its Aboriginal heritage, albeit with a European interpretation of the Gumbaynggirr place name.

 

CONSULTATION:

 

Geographical Names Board

 

SUSTAINABILITY ASSESSMENT:

 

Environment

There is no effect on the environment.

 

Social

There are no significant social impacts.

 

Economic

There is no economic impact.

 

Risk

There is no risk associated with the naming of the dam.

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

There are no financial impacts.

 

Source of fund and any variance to working funds

 

There is no impact to working funds.

 

Service level changes and resourcing/staff implications

 

There is no change to service levels.

Attachments:

There are no attachments for this report.  


Ordinary Council Meeting                                                                                                 13 August 2015

Assistant General Manager Corporate Services Report

ITEM 10.1    SF2130            130815         Review of Liquidity Protection and Contingency Provisions

 

AUTHOR/ENQUIRIES:    Scott Norman, Assistant General Manager Corporate Services         

 

Summary:

 

In November 2014 Council requested a review of minimum requirements for current liquid equity.  These levels are set to ensure there is sufficient “working capital” for Council to meet its commitments as and when they fall due and there is no cash shortfall due to mismatch in timing of receipts and expenditure.

 

The current policies are expressed in the terms of a percentage of operating expenses and thus remain relative compared to the changing nominal dollar value of Council’s budget.  The supporting processes project and report the available liquid equity at 30 June each year.  The projected balance is reviewed at Quarterly Budget Review.  The conclusion of the review is that the levels of liquid equity are appropriate and the budgeting and reporting is appropriate for the requirements of the organisation. 

 

The value of liquid equity has crept up over recent years; this is typically a result of compounding effect of unspent budget allocations.  To ensure Council is not holding cash in excess of what is required for reasonable contingencies it is suggested that particular note of the liquid equity position be taken at the first budget review.  At this review the previous year’s actual results have been incorporated into the current budget and this offers the best point of review to check Council’s actual position.  The natural time to adjust the amount of working capital being held is when preparing the next budget. To put it another way, budget a cash deficit that equals the reduction in liquid equity. Council recently approved a reduction in liquid equity to help fund the purchase land at Valla.

 

 

Recommendation:

 

That Council adopt the reviewed Draft Liquidity Protection Policy and Draft Contingency Provisions Policy.

 

 

OPTIONS:

 

The way working capital is managed needs to be appropriate to the size and circumstances of the organisation.  Council also has to accommodate cash backing numerous reserves as a matter of policy or as required by legislation.  Very large Local Authorities (for example City of Brisbane) operate Corporate Treasuries that devise and implement appropriate funding strategies.  Smaller Local Governments can have a Treasury function, where it is part of Sections responsibility to actively manage funding requirements.  Council experiencing tight liquidity have to develop ways of accurately forecasting cash requirements to make sure they have the funds to meet their commitments as and when they fall due. All of these alternate approaches require differing levels of resourcing. 

 

Nambucca’s treasury activities are tied together by the budget and a series of policies in regard to borrowing, reserves, investments, liquidity and contingency provisions.  The management of the amount of  “at call” cash is the responsibility of the Accountant, who places investments after considering Council’s Investment Policy, the foreseeable need for cash and the rate of return.  Compliance with the Liquidity and Contingency Policies and borrowings are budgeted annually and reported on quarterly.

 

 

DISCUSSION:

 

Council has requested a review of liquid equity held as working capital

 

 Below is a summary of budgeted liquid equity position for the year ended June 2016. 

 

 

Summary of Liquidity Position

Policy required Contingency Protection

 

1.5% of Operating Expenditure  $25,904,400 X 1.5%

$  388,566

Policy required Liquidity Protection    

 

5.5% of Operating Expenditure $25,904,400 X 5.5%

$1,424,742

Total minimum working capital =

$1,813,308

 

 

General fund 2015-16 30 June 2016

$2,795,400

Less Purchase of Land at Valla

$   500,000

Amended Budget 30 June 2016 (recognised at Sept 2015 Budget Review)

$2,295,400

Amount above minimum requirements

$   482,092

 

The above workings will be adjusted to reflect the actual results for the year ended June 2015 and any revotes to the year 2015-16.  Also the operating expenditure is taken straight from the current budget and is not precisely as defined in the policies – the difference is not material and the exact number will be presented as part of the September Quarterly budget review.

 

It can be seen that current policies are expressed as a percentage of operating expenditure; this keeps the requirements relative to the size of the operation.  It does not consider capital expenditure however these policies have served Council well in practice.  The requirement for working capital is dependent upon the mismatch between receipts and expenditures as such it quite dynamic, the current controls that manage working capital produce a projected balance as at the end of financial year.  This way of setting working capital requirements is appropriate to an organisation of Nambucca Shires’ size and resources but it does mean that it is sensible to err on the size of caution and set the amount of working capital at level that builds in a safety margin.  By comparison an organisation that manages working funds on a daily basis would probably aim for zero balance in overnight bank accounts.

 

On review the current methodologies are appropriate, the only point to note is that successive unspent budget funds have tended to compound over time and have produced balances of liquid equity substantially in excess of minimum.  This is best reviewed after at the first budget review when carried forward balances have been incorporated in the current budget.  The amount of liquid equity can be adjusted down by running a cash deficit budget for the next period.

 

Draft Policies based on the existing Policies are attached for Council’s consideration.  In the case of the Current Liquid Equity Policy the current Policy is attached to enable a comparison, the Draft Policy has the same effect as the current policy however the format has been updated and it is more concise.

 

 

CONSULTATION:

Craig Doolan, Manger of Financial Services

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment - Nil

 

Social - Nil

 

Economic - Nil

 

Risk  - The policy setting have an impact on Council’s ability to pay its liabilities as and when they fall due.  There is no proposed change to the current risk profile.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets – Impact on available cash by the amount of any adjustment to liquid equity.

 

Source of fund and any variance to working funds Variance in liquid equity

 

Service level changes and resourcing/staff implications - Nil

 

Attachments:

1

24215/2015 - Current Liquid Equity Draft Policy

 

2

26478/2007 - CS - POLICY - Current Liquid Equity - General Activities - Water Supply - Sewerage Services

 

  


Ordinary Council Meeting - 13 August 2015

Review of Liquidity Protection and Contingency Provisions

 

 

 

Description: nambucca valley nsc

 

 

 

NAMBUCCA SHIRE COUNCIL

DRAFT POLICY

CURRENT LIQUID EQUITY

GENERAL ACTIVITIES, WATER SUPPLY AND SEWERAGE SERVICES

 

 

 

 

 

Function:  CORPORATE SERVICES

 

 

Adopted: February 1996

Last reviewed:

                                                      13 August 2015

 

 

 

Our Vision

 

Nambucca Valley ~ Living at its best

 

Our Mission Statement

 

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

 

 

1.0       Policy objective

To ensure Council’s level of liquid equity is sufficient to Council’s financial commitments as and when they fall due.

 

2.0       Related legislation

Local Government Act 1993 and related regulations

 

3.0       Definitions

Current annual recurrent expenditure is total operating expenses (net of depreciation), repayment of principal on loans and transfers to restricted assets from operating revenue.

 

4.0     Policy statement

 

4.1        Summary

The current policy requires a minimum level of liquid equity of 5.5% of annual current expenditure for a financial year.  This ensures that the amount fluctuates according to the changes in Councils operations.

 

4.2        Discussion       

The purpose of the policy on Liquid Equity is to ensure Council’s level of liquid equity is sufficient to finance operations,.  This means that Council has sufficient unallocated cash and unrestricted funds to ensure that it can meet short term recurrent expenditure commitments, that there is no cash flow problems.

 

There is no industry standard for determining the optimum level of liquid equity for a Council The main consideration in developing a policy for current liquid equity is ensuring that the level of equity represents a realistic assessment of the intent of the policy.  The policy should not reflect a pessimistic or ultra conservative attitude by setting the level of liquid equity to high and conversely should not be daring or irresponsible by setting the level of equity to low.  Increasing the level of equity would require a corresponding surplus budget and could result in lost opportunities to provide services and facilities to the community.  Reducing the level of equity would place Councils sound financial position in jeopardy as it would not be able to bridge funding shortfalls between inflows and expenditure. The current policy requires a minimum level of liquid equity of 5.5% of annual current expenditure for a financial year.  This ensures that the amount fluctuates according to the changes in Councils operations. Council has maintained current equity above the minimum level each year.

 

The current policy for the minimum level of current liquid equity has served Council well and is considered appropriate. Council has always maintained the actual level of current liquid equity above the policy minimum.

 

 

4.4        CONSULTATION:

 

There has been consultation with members of the Nambucca Financial Management Team.

 

 

 

4.5     SUSTAINABILITY:

 

There are no Environment, Social or Economic implications.

 

 

4.6     FINANCIAL:

 

 

The policy setting has an impact on Council’s likely ability to pay its liabilities as and when they fall due.  The current level of liquid equity was originally adopted in1996 and the experience since then indicates it produces a very low probability of Council having insufficient working funds to meet its’ financial commitments.

 


Ordinary Council Meeting - 13 August 2015

Review of Liquidity Protection and Contingency Provisions

 

 

 

 

 

 

NAMBUCCA SHIRE COUNCIL

 POLICY

CURRENT LIQUID EQUITY

GENERAL ACTIVITIES, WATER SUPPLY AND SEWERAGE SERVICES

 

 

 

 

 

Function:  CORPORATE SERVICES

 

 

Adopted: February 1996

Last reviewed: 20 July 2006

 

 

 

Our Vision

 

Nambucca Valley ~ Living at its best

 

Our Mission Statement

 

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

 

 

1.0     Policy objective

 

2.0     Related legislation

 

3.0       Definitions

 

4.0     Policy statement

 

4.1     SUMMARY:

 

Council at the meeting on 1 June 2006 called for a report regarding the relevance of the existing policy for determining the minimum level of Current Liquid Equity, given the current political and economic climate at State level.

 

The original policy was adopted in February 1996 and whilst it has been regularly reviewed, has not changed.  The policy provides that current liquid equity for general activities is to be maintained at least to a level equivalent to 5.5% of annual recurrent expenditure for the financial year.

 

In accordance with the policy the present minimum level of current liquid equity for general activities is $907,400.  The actual current liquid equity position at the March 2007 budget review was estimated as $1,298,600.

 

The policy for Water Supply and Sewerage Services is 11.5% of annual recurrent expenditure and is not as relevant as for General Activities because these activities are not subject to rate pegging.

 

The current policy and the previous unofficial rule of thumb of 10% of general activities rate revenue have stood the test of time and contributed to Council’s sound financial position over the last twenty five years.

 

4.2     OPTIONS:

 

Council can amend the existing policy to increase or decrease the level of liquid equity.  A 1% change in the level of equity amounts to $91,000 for general activities.

 

4.3     DISCUSSION:

 

The purpose of the policy on Liquid Equity is “To ensure Council’s level of liquid equity is sufficient to finance recurrent operations, meet liquidity requirements and secure Council’s financial position against possible future setbacks”.  This means that Council has sufficient unallocated cash and unrestricted funds to ensure that it can meet short term recurrent expenditure commitments, that there is no cash flow problems and Council is in a sound financial position to absorb unexpected setbacks, such as legal challenges, uninsurable losses and a natural disaster or unplanned expenditure that is the sole responsibility of Council.

 

There is no industry standard for determining the optimum level of liquid equity for a Council.  Prior to the 1993 Local Government Act the unofficial rule of thumb was 10% of general activities rate revenue.  The new Act and Australian Accounting Standard 27 dramatically changed the accounting environment for Local Government and whilst they provide the opportunity to be progressive and creative, accounting policies still require sound financial logic.

 

The main consideration in developing a policy for current liquid equity is ensuring that the level of equity represents a realistic assessment of the intent of the policy.  The policy should not reflect a pessimistic or ultra conservative attitude by setting the level of liquid equity to high and conversely should not be daring or irresponsible by setting the level of equity to low.  Increasing the level of equity would require a corresponding surplus budget and could result in lost opportunities to provide services and facilities to the community.  Reducing the level of equity would place Councils sound financial position in jeopardy as it would not be able to absorb an unplanned financial setback.

 

The current policy requires a minimum level of liquid equity of 5.5% of annual current expenditure for a financial year.  This ensures that the amount fluctuates according to the changes in Councils operations. Council has maintained current equity above the minimum level each year.

 

Council has been in a healthy cash position for many years and never encountered any cash flow problems in the last twenty five years.  Council does not use an overdraft and all internal and external reserves are fully funded, except for employees leave entitlements.  There is no reason to believe this situation will change.

 

Council regularly incurs damage to infrastructure because of a weather event, however all the recent events have been declared natural disasters by the State Government and Council has been reimbursed for the cost of the restoration, less a contribution of $29,000 for 2006/2007.

 

There is the possibility that a weather event, other than a declared natural disaster, may result in damage to infrastructure.  If a weather event is not declared a natural disaster it is fair to assume the extent of any damage would not be significant as also would the restoration costs. In this circumstance Council would have the option of changing the current budgeted programs to fund the restoration or operate a deficit budget, provided current liquid equity was at least an equivalent amount above the minimum level.

 

If for some reason a weather event resulted in major costly damage to infrastructure and is not declared a natural disaster, Council would have to determine the appropriate funding options which may include current liquid equity.

 

Council has a forward plan for infrastructure replacement and rehabilitation and regular inspections are carried out on the infrastructure network to review condition ratings and correspondingly update the forward plan. The program of works in the forward plan and regular inspections minimises the risk of asset failure but does not guarantee there will not be an unplanned asset failure. It should however ensure that the major items are renewed or rehabilitated before they fail and if there is a potential risk of asset failure it is one of the minor and least expensive assets to renew or repair.

 

If an asset does fail the funding options would be determined by the restoration costs. The preferred option would be to review the expenditure program for the asset class and roll the program to put the failed asset as the first or next priority. If the costs were greater than the budget program for the year, Council would have to review the budget to identify expenditure to be deleted to fund the costs or determine the best mix of funding options.

 

There is provision in the 2006/07 budget to implement an asset management system that will consolidate the infrastructure data we currently hold in different systems and identify data that needs to be collected. The system will integrate with the financial and GIS systems and provide management with the tools needed to refine existing long term strategic plans and further improve the management of the infrastructure network. This will further reduce the risk of asset failure and avoid unplanned financial setbacks. 

 

Council has incurred unplanned costs over the years such as legal challenges and uninsured losses and resolved the resulting financial implications as part of the annual budget process without a serious impact on the level of current liquid equity.

 

The current policy for the minimum level of current liquid equity has served Council well and is considered appropriate. Council has always maintained the actual level of current liquid equity above the policy minimum. Management has continually reinforced that the level should always be above the minimum, because if the level falls to the minimum, there is no buffer for unexpected expenditure and the only means of increasing equity is by operating a surplus budget.

 

 

4.4        CONSULTATION:

 

There has been consultation with members of the Local Government Finance Professionals Group.

 

 

 

4.5     SUSTAINABILITY:

 

There are no Environment, Social or Economic implications.

 

 

4.6     FINANCIAL:

 

Current Liquid Equity is a primary indicator of Council’s financial health and it is important that the policy contributes to Council maintaining a sound financial position. There is no industry standard in determining the settings for a policy on level of current equity for a Council because of operation differences such as area and geography, population and population demographic, and the size and condition of the infrastructure network, and financial differences such as revenue base, commercial and entrepreneurial activities and level of unrestricted cash reserves.

 

The existing policy is achieving its purpose.

 


Ordinary Council Meeting                                                                                                 13 August 2015

Assistant General Manager Corporate Services Report

ITEM 10.2    SF544              130815         Modification of Council Policy Section 94/64 to include waiver of secondary dwellings clause

 

AUTHOR/ENQUIRIES:    Colleen Henry, Grants and Contributions Officer         

 

Summary:

 

This report recommends updating Council’s Policy on Section 94/64 Contributions to incorporate a clause which would put into effect Council’s recent decision to apply a developer contributions waiver to secondary dwelling developments.

 

 

Recommendation:

 

That Council approve the new Policy - Section 94/64 Contributions to include the waiver of developer contributions for secondary dwellings for a two year trial period, namely: Contributions do not apply to development for the purposes of a secondary dwelling with a floor area up to and including 60m² (within external walls) for a trial period of 2 years commencing from (date of Council’s approval of Policy amendment).

 

 

OPTIONS:

 

That Council not approve the modified Policy.

 

 

DISCUSSION

 

At its meeting of 28 May 2015, Council resolved that staff prepare amended Water Supply and Sewerage Development 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.

 

A subsequent meeting between the General Manager and Council Planners refined the relevant clause to be: Contributions do not apply to development for the purposes of a secondary dwelling with a floor area up to and including 60m² (within external walls) for a trial period of 2 years.

 

Council currently has nine Developer Contributions plans, eight of which would require modification and public exhibition in order to include the above clause. By changing the overall Council policy, the same outcome will be achieved. The clause would be added to any Developer Contribution plan which is reviewed or created in the future, for example the Local Roads and Traffic Infrastructure Developer Contributions Plan which is currently underway. The clause has been included in the recently adopted Community Facilities and Open Space Developer Contributions Plan.

 

A notification will also be put on Council’s website on the s.94 page.

 

 

CONSULTATION:

 

General Manager

Senior Planner

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are no environmental impacts associated with this report.

 

Social

 

There are no social impacts associated with this report.

 

Economic

 

There are no economic impacts associated with this report.

 

Risk

 

There are no risks associated with this project.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

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

 

Source of fund and any variance to working funds

 

Not applicable.

 

Service level changes and resourcing/staff implications

 

There are no changes to service levels or resourcing/staff implications.

 

Attachments:

1

22172/2015 - Draft Policy Section 94 64 Contributions as at July 2015

 

  


Ordinary Council Meeting - 13 August 2015

Modification of Council Policy Section 94/64 to include waiver of secondary dwellings clause

 

 

 

Description: nambucca valley nsc

 

 

NAMBUCCA SHIRE COUNCIL POLICY

 

PAYMENT OF DEVELOPER CONTRIBUTIONS

SECTION 64 & SECTION 94

  

 

 

FunctionCORPORATE SERVICES (FINANCE)

 

 

Adopted: 19/10/2006

Last reviewed: 16 JULY 2008

 16 April 2009

20 October 2010

11 June 2015

13 August 2015

 

Our Vision

 

Nambucca Valley ~ Living at its best

 

Our Mission Statement

 

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

 

 

 

1.0     Policy Objective

 

1.1       To ensure the payment of contributions pursuant to Section 94 of the Environmental Planning and Assessment Act 1979 and Section 64 of the Local Government Act are paid in a timely manner and no prejudice is caused to the operation of the contribution plans.

 

1.2       Consistent with section 1.1 and after carefully assessing the financial risk to Council, provide for deferred payment arrangements which will reduce a developer’s holding costs as a means of encouraging economic development through increasing the capacity to reduce prices and increase return on investment.

 

 

2.0     Policy Statement

 

PAYMENT OF CONTRIBUTIONS

 

The payment of contributions should be made at the following times:

 

Development applications involving subdivisions

 

·              Prior to the release of the subdivision certificate.

 

Development applications involving building work

 

·              Prior to the release of the occupation or interim occupation certificate.

 

 

Development applications where no building work is involved

 

At the time of issue of occupation or interim occupation certificate, subdivision certificate or where no such certificates are required prior to the issue of an approval.

 

 

DEFERMENT OF PAYMENTS

 

Council will accept a deferral or periodic payment of contributions via a bank guarantee and in certain limited circumstances by entering into a deed of agreement for the payment of contributions upon the sale (settlement) of each lot.

 

Deferral of payments secured by bank guarantee

 

Council will accept a deferred or periodic payment of contributions subject to the contribution being secured by Bank Guarantee and the deferment being no longer than 2 years.  In such a case the applicant must make a written request.

 

Council will require the applicant to provide a bank guarantee by a bank for the full amount of the contribution or the outstanding balance on the condition that:

 

1          indexing will be calculated from the date the contribution was due until the date of payment;

 

2          the bank guarantee be by a bank for the amount of the total contribution, or the amount of any outstanding contribution, plus an amount equal to twenty five (25) months interest plus any charges associated with establishing or operating the bank security;

 

3          the bank unconditionally pays the guaranteed sum to the Council if the Council so demands in writing not earlier than twenty four (24) months from the provision of the guarantee or completion of the work;

 

4          the bank must pay the guaranteed sum without reference to the applicant or landowner or other person who provided the guarantee, and without regard to any dispute, controversy, issue or other matter relating to the development  consent or the carrying out  of development;

 

5          the banks obligations are discharged when payment to the Council is made in accordance with this guarantee or when Council notifies the bank in writing that the guarantee is no longer required;

 

6          where a bank guarantee has been deposited with Council, the guarantee shall not be cancelled until such time as the original contribution and accrued interest has been paid;

 

7          the applicant will be charged an administrative fee based on the professional fees set in Council’s Revenue Policy;

 

8          periodic payments for a staged development will be on a pro rata basis - the proportion of the stage of the development is to the overall development.

 

Deferral of payments secured by deed of agreement and caveats

 

Council will consider entering into a deed of agreement with a developer whereby it is agreed that contributions will be paid on the sale (settlement) of each subdivided lot with Council’s interest in the payment of such contributions being “secured" by a caveat on each title.  The deed of agreement is to contain a schedule listing the contributions to be paid on the settlement of each lot.

 

This deferral of payments arrangement is restricted to:

 

1.         Residential subdivision only

2.         Not more than 15 lots for development consents issued after 16 February 2012 (which are paying full Section 64 water and sewerage developer contributions)

3.         Not more than 30 lots for development consents issued before 16 February 2012 (which are paying “grandfathered” water and sewerage contributions)

4.         A term of 5 years in which to sell the lots.

 

This option for deferral of payments is not “as of right”.

 

As this deferral option does not provide Council with financial security for the required contributions, the elected Council will make a determination as to a developer’s suitability.

 

In assessing a developer’s suitability for such an arrangement, the Council will undertake a risk assessment and consider:

 

a.   The developer’s record in undertaking similar subdivisions in the Nambucca Valley;

b.   The developer’s liquidity;

c.   The relevant market conditions at the time; that is interest rates, sales of vacant land, other investment occurring in the LGA etc;

d.   Any evidence of pre-sales;

e.   Whether or not the developer is agreeable to Council securing all of part of the debt by way of a registered mortgage.

f.    Any other matter relevant to assessing the financial risk to Council.

 

 

Waiver of fees for secondary dwellings

 

Contributions do not apply to development for the purposes of a secondary dwelling with a floor area up to and including 60m² (within external walls) for a trial period of 2 years commencing from the date of the last review of this Policy.

 

 

 

 

 


Ordinary Council Meeting                                                                                                 13 August 2015

Corporate Services

ITEM 10.3    SF251              130815         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

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

Council Chambers

5.30 PM

Access Committee

22/09/2015

Council Chambers

2.00 PM

Ordinary Council Meeting

24/09/2015

Argents hIll Hall

5.30 PM

Ordinary Council Meeting

15/10/2015

Council Chambers

5.30 PM

Access Committee

27/10/2015

Access Committee

2.00 PM

Ordinary Council Meeting

29/10/2015

Eungai Creek Hall

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:                Council’s Ordinary meeting will be held at Argents Hil lHall  in September  last meeting 24/9

                         Eungai Creek in October   29 October

 

Attachments:

There are no attachments for this report.  


Ordinary Council Meeting                                                                                                 13 August 2015

Corporate Services

ITEM 10.4    SF325              130815         Gordon Park Tennis Centre Committee of Management - Annual General Meeting - 24 July 2014 - Minutes

 

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

 

Summary:

 

The report acknowledges the minutes of the Annual General Meeting of the Gordon Park Tennis Centre Committee of Management and the new Committee which was held on 24 July 2014.  Copy of the minutes is attached.

 

 

Recommendation:

 

That Council endorse the minutes of the Committee of Management Gordon Park Tennis Centre’s Annual General Meeting which was held on 24 July 2014 and that Council thank the outgoing Committee for their work in 2013/2014.

 

 

 

OPTIONS:

 

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

 

 

DISCUSSION:

 

The AGM of the Gordon Park Tennis Centre Committee of Management was held on 24 July 2014.

 

The Committee of Management for 2014/2015 consists of:

 

President                                  Lyn Crane

Vice President                          Errol Noble

Secretary                                  Margaret Tait

Treasurer & Public Officer         John Tait

Other Committee Members        Donna Mills, Peggy Lyons, Heather McPhee, John Harris, Tom Hoswell

 

 

CONSULTATION:

 

There has been no consultation in preparing this report.

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are no implications on the environment.

 

Social

 

There are no social implications

 

Economic

 

There are no economic implications.

 

Risk

 

There are no risk implications.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

There are no financial implications.

 

Source of fund and any variance to working funds

 

There is no variance to working funds.

 

Service level changes and resourcing/staff implications

 

Nil

 

 

Attachments:

1

22916/2015 - Minutes of the AGM on 23 July 2015 - Gordon Park Tennis Centre Committee of Management

 

  


Ordinary Council Meeting - 13 August 2015

Gordon Park Tennis Centre Committee of Management - Annual General Meeting - 24 July 2014 - Minutes

 

 

 


Ordinary Council Meeting                                                                                                 13 August 2015

Assistant General Manager Corporate Services Report

ITEM 10.5    SF341              130815         Valla Beach Community Association Committee of Management - Minutes of Annual General Meeting - 20 July 2015

 

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

 

Summary:

 

The report acknowledges the Minutes of the Annual General Meeting of the Valla Beach Community Association Committee of Management and the new Committee.  Copies of the Minutes of this meeting and the Financial Statement are attached.

 

 

Recommendation:

 

That Council endorse the Minutes of the Committee of Management for the Valla Beach Community Association’s Annual General Meeting held on 20 July 2015 and thank the outgoing Committee for their work in the past twelve months.

 

 

OPTIONS:

 

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

 

 

DISCUSSION:

 

The Annual General Meeting of the Valla Beach Urban and Hall Committee of Management was held on Monday 20 July 2015.

 

The Committee of Management for 2015/2016 comprises:

 

          President                        John Windmill

          Vice President                 Graham Jones

          Secretary                        Melvyn Best

          Treasurer                         Pete Rundle

          Committee Members       Tracy Suter, Christine Vincent, Bernice Reid and Peter Sobey

 

 

CONSULTATION:

 

There was no consultation.

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are no implications for the environment.

 

Social

 

There are no social implications.

 

Economic

There are no economic implications.

 


Risk

 

This report poses no risk to Council.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

There are no financial implications.

 

Source of fund and any variance to working funds

 

There are no implications for working funds.

 

 

Attachments:

1

N:\cs\Exec Assistant - GM\vbca 20 july 2015.docx - minutes

 

  


Ordinary Council Meeting - 13 August 2015

Valla Beach Community Association Committee of Management - Minutes of Annual General Meeting - 20 July 2015

 


 


Ordinary Council Meeting                                                                                                 13 August 2015

Assistant General Manager Corporate Services Report

ITEM 10.6    SF25                130815         North Coast Academy of Sport request for Donation

 

AUTHOR/ENQUIRIES:    Michael Coulter, General Manager; Monika Schuhmacher, Executive Assistant/Business Services Unit         

 

Summary:

 

Mr John Kincade, Executive Director, North Coast Academy of Sports has been invited to address Council at its meeting on Thursday 13 August 2015.

 

Mr Kincade will inform Council about the Academy’s activities in the past twelve months.

 

Council received a request from the North Coast Academy of Sport on 8 July 2015 for financial support for the financial year 2015-2016.  A copy of this letter is attached.

 

 

RecommendationS:

 

1        That Council note and thank Mr John Kincade, Executive Director, North Coast Academy of Sport for his presentation to Council.

 

2        That Council make a donation of $2,300 to the North Coast Academy of Sport and advise the academy of its continuing support budget permitting.

 

 

 

 

OPTIONS:

 

1        That Council not donate to the North Coast Academy of Sport.

2        That Council donate an amount of $1000 to the North Coast Academy of Sport.

3        That Council donate a different to the North Coast Academy of Sport.

 

 

DISCUSSION

 

Since 2004 Council has provided the following donations to the North Coast Academy of Sport:

                   2004            $1,823

                   2005            $1,823

                   2006            $1,875

                   2007            $1,000

                   2008            $1,000

                   2009            $1,000

                   2010            $1,000

                   2011            $1,000

 

There have not been donations by Council since 2011 due to Council’s budgetary constraints.

 

At its meeting on 17 July 2014 Council resolved as follows:

 

1        That Council note the information.

2        That Council write to the North Coast Academy of Sport inviting they submit an application to the Donations Program 2015/2016, for which they will receive notification from the Grants and Contributions Officer.

 

Council received a request from the North Coast Academy of Sport on 8 July 2015 for financial support for the financial year 2015-2016.  A copy of this letter is attached.

 

There is no record that the North Coast Academy of Sport was notified to submit an application for funding as per the resolution on 17 July 2014.

 

A copy of Council’s Donations Policy is attached for information.

 

In terms of the quantum of a donation, Council should be aware of the following:

 

·   We have no specific program to assist young sportspersons.  The Council does auspice Richie Donovan’s sports program but, unlike some other councils, we do not have our own funded program for sports assistance.

 

·   The Council does provide a substantial financial contribution to an equivalent regional body supporting the Arts.

 

·      The Council has not provided a contribution to the Academy of Sport for a number of years.

 

 

CONSULTATION:

 

General Manager

Accountant

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

There are no environmental impacts associated with this report.

 

Social

There are no social impacts associated with this report.

 

Economic

There are no economic impacts associated with this report.

 

Risk

There are no risks associated with this report.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

The balance of the Donations budget is:

 

Budget:                 $15,000.00

Spent:                   $10,506.19

Balance:                $4,493.81

 

Source of fund and any variance to working funds

Not applicable.

 

Service level changes and resourcing/staff implications

There are no changes to service levels or resourcing/staff implications.

 

Attachments:

1

20867/2015 - Request for 2015/2016 financial support of North Coast Academy of Sport

 

2

4087/2009 - POLICY - Charitable donations

 

  


Ordinary Council Meeting - 13 August 2015

North Coast Academy of Sport request for Donation

 



Ordinary Council Meeting - 13 August 2015

North Coast Academy of Sport request for Donation

 

 

 

 

 

NAMBUCCA SHIRE COUNCIL

 POLICY

CHARITABLE DONATIONS

 

 

 

Function:  CORPORATE SERVICES

 

 

Adopted

Last reviewed

 

 

Our Vision

 

Nambucca Valley ~ Living at its best

 

Our Mission Statement

 

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

 

 

1.0       Policy objective

 

1.1     To provide clear guidelines for the management of financial donations made by Council.

 

1.2     The policy is also designed to ensure consistency and equity and to assist the community by establishing a reliable and clear framework to make submissions for Council’s assistance.

 

2.0       Related legislation

 

Section 356 Local Government Act 1993.

 

 

3.0       Definitions

 

3.1       Council may, in accordance with a resolution of Council, contribute money or otherwise grant financial assistance to persons for the purpose of exercising its functions.

 

3.2       A proposed recipient who acts for private gain is not ineligible to be granted financial assistance but must not receive any benefit under this Section until at lease 28 days’ public notice of Council’s proposal to pass the necessary resolution has been given.

 

3.3       Public notice is not required if:

 

            a)       the financial assistance is part of a specific program, and

            b)       the program’s details have been included in Council’s draft management plan for the year in which the financial assistance is proposed to be given, and

            c)       the program’s proposed budget for that year does not exceed 5% of Council’s proposed income from the ordinary rates levied for that year, and

            d)       the program applies uniformly to all persons within Council’s area or to a significant group of persons within the areas.

 

 

4.0       Policy statement

 

Council will annually provide an allocation to fund direct financial assistance to local community based organisations or local individuals.  In allocating this fund, Council will consider the following guidelines:

 

            a)       the recipient individual/organisation will be not-for-profit and provide a community service within the Nambucca Shire Council Local Government area

            b)       assess the level of benefit that the project or service will have on the community or on disadvantaged groups within the community

            c)       consider the relative disadvantage of that group of people (eg: low income, youth, disability, etc)

            d)       consider the availability of other funding resources

            e)       consider the equity of support to other groups across the Local Government area

            f)        the Mayor and the General Manager have the delegation to approve or not approve a request/submission for a donation

            g)       successful and non-successful applicants will be advised by letter with the Mayor and General Manager signing off on the letter

            h)       Council will provide the following organisations a donation allocation on an annual basis.  This annual donation is in recognition of the community service provided by each organisation.

 

                      Organisation                                                  $ Amount (*)

                      Section 356 donations                                               6,000

                      History Groups                                                

                      Marine Rescue

                      Sports Persons

                      Schools                                                            50 each

                      Three festivals, one in each town                    200 each

                      Senior Citizens Week                                                500

                      Up to three Senior Citizens Xmas parties                 100 each

 

            i)        donations the equivalent of development application fees shall be made in respect of applications for projects on Council owned land.

 

            j)        any funds unallocated or unexpended form the annual financial donations budget will be transferred to reserve and brought forward as part of the next financial year’s budget

 

                      (*) This amount can be altered by Council at budget reviews.

 

 

---oo0oo---


Ordinary Council Meeting                                                                                                 13 August 2015

Assistant General Manager Corporate Services Report

ITEM 10.7    SF2116            130815         Investment Report to 31 July 2015

 

AUTHOR/ENQUIRIES:    Faye Hawthorne, Accountant         

 

Summary:

 

The return on investments from 1 July 2015 to 30 June 2016 is $1,158,983 (Cash Result)

 

The budget allocation for the financial year “2015/16” was $1,039,900.

 

Council currently has $31.848 Million invested:

 

·      $   5.837   Million with Managed Funds,

·      $   3.069   Million with On Call Accounts

·      $ 22.942    Million on Term Deposits

 

 

This report details all the investments placed during July and Council funds invested as at 31 July 2015.

 

The following investment report has been drawn up in accordance with the Local Government Act 1993 (as amended), the Regulations and Council Policy 1.9 – Investment of Surplus Funds

 

C P Doolan

Responsible Accounting Officer

 

 

 

Recommendation:

 

That the Accountants’ Report on Investments placed to 31 July 2015 be noted.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

OPTIONS:

 

This report is for information only.

 

 

DISCUSSION:

 

This report details all the investments placed during July 2015 and Council funds invested as at July 2015.

 

 

CONSULTATION:

 

Grove Research and Advisory

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are no environmental implications.

 

Social

 

There are no social implications.

 

Economic

 

Risk

 

That Council may not meet its budget returns for 2015/2016 based on current performance.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

A review of budgeted interest returns for 2015/2016 will be completed with the September 2015 Budget Review and GPG Research & Advisory will provide Council with the updated interest rates.

 

Source of fund and any variance to working funds

 

Interest on investments will be assessed with the September 2015 Budget Review, Variances have been distributed between the Water, Sewerage and General Funds for the financial year.

 

Service level changes and resourcing/staff implications

 

Not applicable

 

 

 

Attachments:

There are no attachments for this report.  


Ordinary Council Meeting                                                                                                 13 August 2015

Assistant General Manager Engineering Services Report

ITEM 11.1    SF453              130815         Waste Management Quarterly Report April - June 2015

 

AUTHOR/ENQUIRIES:    Simon Chapman, Waste Management Officer         

 

Summary:

 

Council resolved to receive a quarterly report on the status of waste management issues for the Nambucca Shire, and this report covers the period 1 April  to 30 June 2015.

 

 

Recommendation:

 

That Council receive and note the information provided in the Waste Management Quarterly Report for the period 1 April – 30 June 2015.

 

 

OPTIONS:

 

For information only

 

 

DISCUSSION:

 

CCWS Kerbside Waste Collection Services

 

Kerbside collections for the last quarter being 1 April to 30 June 2015 across the Coffs Coast region indicated the hotline received a total of 3102 calls during the period for the whole regional area.

 

Nambucca Shire had a total of 8150 properties receiving a waste collection service, 25 new services were implemented with repairs/damaged or stolen bins totalling 16. A total of 2,067.60 tonnes of kerbside and transfer station materials were collected and transported for reprocessing at the Coffs Coast Resource Recovery Park from the Nambucca Shire.

 

Kerbside bulky goods collections were undertaken throughout June and July in the Nambucca Shire during the quarter with 206.46 tonnes of material being collected and disposed of to landfill.

 

The table below reflects Nambucca Shire’s waste streams and tonnages over the last quarter:

 

Waste Stream

Source

Tonnes

Destination

Co-mingled recycling

Kerbside

510.52

CCWS Recycling Facility

Greenwaste organics

Kerbside

689.40

CCWS Biomass Facility

Mixed waste

Kerbside

675.30

CCWS Biomass Facility

Bulky goods

Kerbside

206.46

Nambucca Landfill

Reject & residual

Kerbside

293.98

Coffs Harbour Landfill

Co-mingled recycling

Transfer station

67.84

 CCWS Recycling Facility

Greenwaste organics

Transfer station

70.56

 CCWS Biomass Facility

Mixed waste

Transfer station

53.98

CCWS Biomass Facility

Batteries

Transfer station

3.57

Matthews Metal Management

Scrap metal

Transfer station

83.72

Matthews Metal Management

Gas bottles (kg’s)

Transfer station

0

Transpacific Industries

Hazardous chemicals (kg’s)

Transfer station

0

Transpacific Industries

Motor oil (lts)

Transfer station

2300

Australian Waste Oil

Chemical containers (farm drums)

Transfer station

72

Drum Muster

Concrete & masonry

Transfer station

109.28

Reprocessing at Nambucca Landfill

E-waste

Landfill

N/A

Matthews Metal Management

Asbestos

Landfill

34.06

Nambucca Landfill

Biosolids (grit)

Landfill

13.36

Nambucca Landfill

Building demolition

Landfill

920.55

Nambucca Landfill

Clean fill

Landfill

83.34

Nambucca Landfill (daily cover)

Commercial domestic waste

Landfill

0.74

CCWS Biomass Facility

Commercial building waste

Landfill

334.07

Nambucca Landfill

Charity groups

Landfill

22.00

Nambucca Landfill

Dead animals (small)

Landfill

0.82

Nambucca Landfill

 

The table below reflects the successful charities that applied under Council’s Donations Policy and the disposal tonnages from each organisation for the last quarter.

 

Charitable Organisation

Source

Tonnes

Destination

Charity Anglican Opp Shop

Self Hauled

4.54

Nambucca Landfill

Charity Anglican Parish

Self Hauled

1.20

Nambucca Landfill

Charity Camp Quality

Self Hauled

3.08

Nambucca Landfill

Charity Care & Ware

Self Hauled

5.88

Nambucca Landfill

Men’s Shed Nambucca

Self Hauled

0.56

Nambucca Landfill

Charity Lifeline

Self Hauled

0.00

Nambucca Landfill

Charity Salvation Army

Self Hauled

9.80

Nambucca Landfill

 

Total

25.06

 

 

The table below reflects Nambucca Shire’s waste streams and tonnages for the twelve month period 1 July 2014 to 30 June 2015 (2014/15 financial year):

 

Waste Stream

Source

Tonnes

Destination

Co-mingled recycling

Kerbside

2030.58

CCWS Recycling Facility

Greenwaste organics

Kerbside

2917.88

CCWS Biomass Facility

Mixed waste

Kerbside

3022.92

CCWS Biomass Facility

Bulky goods

Kerbside

439.38

Nambucca Landfill

Reject & residual

Kerbside

1198.16

Coffs Harbour Landfill

Co-mingled recycling

Transfer station

284.64

 CCWS Recycling Facility

Greenwaste organics

Transfer station

239.26

 CCWS Biomass Facility

Mixed waste

Transfer station

274.36

CCWS Biomass Facility

Batteries

Transfer station

8.23

Matthews Metal Management

Scrap metal

Transfer station

382.87

Matthews Metal Management

Gas bottles (kg’s)

Transfer station

1755

Transpacific Industries

Hazardous chemicals (kg’s)

Transfer station

5220.5

Transpacific Industries

Motor oil (lts)

Transfer station

7100

Australian Waste Oil

Chemical containers (farm drums)

Transfer station

224

Drum Muster

Concrete & masonry

Transfer station

564.86

Reprocessing at Nambucca Landfill

E-waste

Landfill

8.09

Matthews Metal Management

Asbestos

Landfill

60.38

Nambucca Landfill

Biosolids (grit)

Landfill

57.06

Nambucca Landfill

Building demolition

Landfill

3002.47

Nambucca Landfill

Clean fill

Landfill

167.50

Nambucca Landfill (daily cover)

Commercial domestic waste

Landfill

6.10

CCWS Biomass Facility

Commercial building waste

Landfill

1596.98

Nambucca Landfill

Charity groups

Landfill

80.26

Nambucca Landfill

Dead animals (small)

Landfill

1.95

Nambucca Landfill

 

The table below reflects the successful charities that applied under Councils Donations Policy and the disposal tonnages from each organisation for the twelve month period 1 July 2014 to 30 June 2015 (2014/15 financial year):

 

Charitable Organisation

Source

Tonnes

Destination

Charity Anglican Opp Shop

Self Hauled

15.26

Nambucca Landfill

Charity Anglican Parish

Self Hauled

5.46

Nambucca Landfill

Charity Camp Quality

Self Hauled

8.88

Nambucca Landfill

Charity Care & Ware

Self Hauled

18.98

Nambucca Landfill

Men’s Shed Nambucca

Self Hauled

0.78

Nambucca Landfill

Charity Lifeline

Self Hauled

1.44

Nambucca Landfill

Charity Salvation Army

Self Hauled

37.46

Nambucca Landfill

 

Total

88.26

 

 

The kerbside contamination program continued throughout the quarter with some properties in the following areas identified in the table below having contamination warnings issued:

 

Date

Address

Suburb

Bin

Offence No

Comment

17/06/2015

Hill Street

Scotts

Yellow

1st

Contaminated

09/06/2015

Palmer Street

Nambucca

Organics

1st

Contaminated

09/06/2015

Excelsior Street

Nambucca

Organics

1st

Contaminated

02/06/2015

Mann Street

Nambucca

Organics

1st

Contaminated

01/06/2015

Riverside Drive

Nambucca

Organics

1st

Contaminated

01/06/2015

Davis Court

Nambucca

Organics

1st

Contaminated

26/05/2015

Charlton Street

Nambucca

Organics

1st

Contaminated

26/05/2015

Bellinger Street

Nambucca

Organics

1st

Contaminated

26/05/2015

Julie Ann Court

Hyland Park

Organics

1st

Contaminated

26/05/2015

Old Coast Road

Nambucca

Organics

1st

Contaminated

25/05/2015

Waratah Court

Nambucca

Organics

1st

Contaminated

25/05/2015

Alexandra Drive

Nambucca

Organics

1st

Contaminated

25/05/2015

Illawong Drive

Nambucca

Organics

1st

Contaminated

12/05/2015

Mann Street

Nambucca

Organics

1st

Contaminated

12/05/2015

Banyandah Road

Hyland Park

Organics

1st

Contaminated

28/04/2015

Ridge Street

Nambucca

Organics

1st

Contaminated

28/04/2015

Thornbill Glen

Nambucca

Organics

 1st

Contaminated

27/04/2015

West Street

Nambucca

Organics

1st

Contaminated

20/04/2015

Bellwood Drive

Nambucca

Organics

 1st

Contaminated

20/04/2015

Curlew Street

Nambucca

Organics

1st

Contaminated

20/04/2015

Grevillea Close

Nambucca

Organics

1st

Contaminated

14/04/2015

Charlton Street

Nambucca

Organics

1st

Contaminated

14/04/2015

Doncaster Place

Hyland Park

Organics

1st

Contaminated

07/04/2015

Loftus Street

Nambucca

Organics

1st

Contaminated

07/04/2015

Ridge Street

Nambucca

Organics

1st

Contaminated

31/03/2015

Newry Street

Nambucca

Organics

1st

Contaminated

30/03/2015

Nelson Street

Nambucca

Organics

1st

Contaminated

03/02/2015

The Glen

Hyland Park

Organics

1st

Contaminated

 

CCWS Materials Recovery Facility

 

The table below reflects the Coffs Coast regional recycling tonnages processed through the Materials Recovery Facility (MRF) during the quarter at Coffs Coast Resource Recovery Park. Contamination levels range seasonally between 4% and 9% with ongoing current markets for recovered glass fines still developing:

 

Tonnes Processed

Usable Product

Total Waste

Glass Waste

Days of Operation

3917.19

3549.49

367.70

75.04

63

 

CCWS Educational Activities

 

The tables below reflect the Coffs Coast Waste Services educational activities carried out during the last quarter:

 

Education

 

Month

School or Group

No’s Attending

April 2015

Nil

Nil

May 2015

Nambucca Heads High School

Uniting Care Nambucca

Pixie Holloe Pre-School

75

20

40

June 2015

Bellingen High School

Bellingen High School

100

30

 

Media Releases

 

Month

Source

Method

April 2015

Nil

Nil

May 2015

Nil

Nil

June 2015

Nil

Nil

 

Website

 

Month

Visits

Social Media

April 2015

1599

494 likes

May 2015

1532

493 likes

June 2015

1919

492 likes

 

NSW Waste Avoidance and Resource Recovery Strategy

 

The NSW Waste Avoidance and Resource Recovery Strategy (WARR) was developed by State Government to provide direction for local councils to reduce waste generated, optimise the recovery of usable resources from waste and manage the disposal of residual waste in an environmentally responsible way in the following waste streams:

 

Municipal Solid Waste (MSW) – the solid component of the waste stream arising from household waste placed at the kerbside for Council collection and waste collected by Council from municipal parks and gardens, street sweepings, Council engineering works and public Council bins.

 

Commercial and Industrial Waste (C&I) – Inert, solid or industrial generated by business and industries (shopping centres, restaurants, office warehousing, manufacturing, repair workshops retail outlets, hotels and clubs) along with institutions (schools, hospitals, universities, nursing homes and government offices).

 

Construction and Demolition (C&D) – materials in the waste stream which arise from construction, refurbishment, demolition and excavation activities.

 

The table below identifies the updated NSW 2013-21 targets set for each of the waste streams identified above and the status of Nambucca’s compliance during the last quarter:

 

Waste Stream

NSW Target

Landfilled

Tonnes

Diverted

Tonnes

Diversion

%

Municipal (MSW)

70% recovery by 2022

513.80

1962.51

79

Commercial  Industrial (C&I)

70% recovery by 2022

741.67

193.12

21

Construction Demolition (C&D)

80% recovery by 2022

654.61

192.62

17

 

The table below identifies the updated NSW 2013-21 targets set for each of the waste streams identified above and the status of Nambucca’s compliance for the twelve month period 1 July 2014  to 30 June 2015 (2014/15 financial year):

 

 

Waste Stream

NSW Target

Landfilled

Tonnes

Diverted

Tonnes

Diversion

%

Municipal (MSW)

70% recovery by 2022

1694.60

8370.57

83

Commercial  Industrial (C&I)

70% recovery by 2022

3247.28

804.36

20

Construction Demolition (C&D)

80% recovery by 2022

3062.85

732.36

19

 

Waste Facilities Regulatory Changes - Potection of the Environment Operations Act (POEO)

 

From the 1 August 2015 all waste facilities that store, recover or process waste in the regulated area will be liable for the waste levy. Payment of the waste levy is only triggered if the waste is stockpiled at a facility for more than 12 months, stockpiled above the sites authorised amount or is unlawfully disposed of. The waste levy is extinguished when waste is sent from a site for lawful recycling, reuse or disposal.

 

Compliance with the changes will be measured in the following ways:

 

Topographical Surveys – All waste entering a waste facility from 1 August 2015 will be liable. Each site will need to conduct a stock take of all existing waste materials as at the close of business on the 31 July 2015 and report the methodology in tonnes to the EPA.

 

Keeping of Accurate Records – To determine the levy liability, each site by law will be required to record all waste entering and leaving the site which must be reported to the EPA monthly.

 

Installation of Weighbridges – Facilities must have a weighbridge installed by 1 February 2016 to accurately record waste movements.

 

Aurthorised Amounts of Waste Permitted – One of the triggers for payment of the levy is if the site exceeds the “authorised amount”. The EPA is working with industry to establish the method to set maximum authorised amounts of waste permitted to be held on site at any one time at the nominated waste facilities. This condition once established will be placed on Environment Protection Licences, set in tonnes and will be negotiated with site managers accordingly.

 

Community Recycling Facility (CRC)

 

NSW Environmental Trust approved a grant for the construction of a Community Recycling Centre for Nambucca Shire under the Improved Systems for Household Problem Wastes – Community Recycling Centre (drop offs) Grants program.

 

The Environmental Trust’s goal of the program is to assist communities to look after their own neighbourhoods and environments through the establishment of a network of Community Recycling Centres to make it easier for people to recycle and remove problem wastes from their households.

 

Nambucca Councils CRC facility is located at the Nambucca Waste Management Facility and was commissioned on 1 July 2015. The table below identifies the household problem wastes that are now acceptable at the centre:  

 

Problem Waste Streams

Source

Destination

Gas bottles

CRC drop Off

Tox Free

Fire extinguishers

CRC drop Off

Tox Free

Water based paints

CRC drop Off

Tox Free

Oil based paints

CRC drop Off

Tox Free

Fluoro globes and tubes

CRC drop Off

Tox Free

Household batteries

CRC drop Off

Tox Free

Other waste oils

CRC drop Off

Tox Free

Smoke detectors

CRC drop Off

Tox Free

Pesticides / herbicides

CRC drop Off

Tox Free

E-waste

CRC drop Off

Matthews Metal Management

Car batteries

CRC drop Off

Matthews Metal Management

Motor oils

CRC drop Off

Australian Waste Oil

 

Along with existing contracts in place, Tox Free has been engaged by the NSW EPA as its preferred collection contractor for the collection and processing of household problem wastes presented at the facility.

 

Midwaste – Regional Waste Group

 

Midwaste is a voluntary forum made up of representatives from eight member Councils located on the Mid North Coast of NSW stretching from Great Lakes in the South to Coffs Harbour in the North. The group formalised in 2003 and has the focus of regional co-operation in waste management and waste minimisation.

 

Midwaste engaged EC Sustainable Pty Ltd to conduct a regional audit of the residual waste, recycling (fully commingled) and organics domestic kerbside mobile garbage bins during June to December 2014. The regional audit included the eight member Councils divided into three sub-regions. The audit was designed to conform to the NSW residential waste auditing guidelines for conducting household kerbside waste audits in NSW Local Government Areas. The audit was conducted using the individual household method consistent with the NSW EPA guidelines. The EC Sustainable auditor conducted the bin surveys at the kerbside prior to collection. 

 

The table below identifies the results of Nambucca’s domestic kerbside audit in which 110 household bins were audited during the period.

 

Statistic

Waste Stream

NSC Result

Bin presentation rate

Mixed waste

Recycling

Organics

Average 50.46%

Average 63.64%

Average 46.36%

Bin percentage full

Mixed waste

Recycling

Organics

Average 61.38%

Average 69.73%

Average 60.37%

Recyclables in the mixed waste stream

Mixed waste

Average 17.95%

Organics in the mixed waste stream

Mixed waste

Average 2.01%

Contamination rate

Recycling

Organics

Average 11.15%

Average 2.15%

Resource recovery rate

Recycling

Organics

Average 82.71%

Average 86.77%

 

The full report can be made available upon request.

 

 

CONSULTATION:

 

Assistant General Manager Engineering Services

NSW Environmental Trust

NSW Environment Protection Authority

Handybin Waste Services

Midwaste

EC Sustainable

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment:

All kerbside waste materials are collected and reprocessed through the materials recycling facility and the biomass plant with only the reject and residual materials being landfilled. Self hauled wastes are sourced separated and recycled or landfilled accordingly.

 

Social:

 

Potential increased costs.

 

Economic:

 

Potential increases in the domestic waste management charge and landfill gate fees.

 

Risk:

 

No identifiable risks.

 

 

FINANCIAL IMPLICATIONS

 

Direct and indirect impact on current and future budgets:

 

Potential increases in the garbage service and landfill gate fees per year.

 

Source of fund and any variance to working funds:

 

Additional income will need to be sourced from the annual domestic waste management charge.

 

Service level changes and resourcing/staff implications:

 

No identifiable changes or implications at this point.

 

Attachments:

There are no attachments for this report.


Ordinary Council Meeting                                                                                                 13 August 2015

Assistant General Manager Engineering Services Report

ITEM 11.2    SF674              130815         Acquisition Of Land From Forests Nsw For The Future Extension Of The Nambucca Waste Management Facility

 

AUTHOR/ENQUIRIES:    Simon Chapman, Waste Management Officer         

 

Summary:

 

Council, at its meeting held on the 15 December 2011, received a Notice of Motion concerning the long term available land for the continued operation of the Nambucca Waste Management Facility where Council resolved the following:

 

“That Council investigate the possibility of acquiring additional land from NSW Forests to expand Council’s current waste management depot.”

 

Council, at its meeting held on the 28 June 2012, considered a preliminary assessment on potential site constraints for the extension of the Nambucca Waste Management Facility where Council resolved the following:

 

“That Council allocate an amount up to $30,000.00 from the waste management reserves to undertake a desk top study into the expansion of the Nambucca Waste Management Facility”.

 

Council, at its meeting held on the 13 November 2014, considered a report in allocating additional funds to enter into negotiations with Forests NSW for the acquisition of land for the expansion of the Nambucca Waste Management Facility and the rezoning of the proposed land to enable waste management operations.  Council resolved the following:

 

“That Council enters into formal negotiations with Forests NSW for the acquisition of the forestry land with the outcome being reported to Council”

 

This report seeks to inform the Council of the negotiations with Forests NSW for the acquisition of land for the expansion of the Nambucca Waste Management Facility. 

 

 

Recommendation:

 

That Council receive and note the information provided in the report on the acquisition of land from Forests NSW for the future extension of the Nambucca Waste Management Facility.

 

 

 

OPTIONS:

 

Note the information provided in this report

 

 

DISCUSSION:

 

Background

 

One of Council's long-term planning strategies is the provision of future waste management facilities within the Shire.  Current waste management operations for the Shire are serviced by the existing Nambucca Waste Management Facility at Lot 2 DP 1018234, 711 Old Coast Road, Nambucca Heads.

 

While there is still significant landfill life remaining at this facility, initial investigations on potential future landfill sites have identified the existing State Forestry land immediately adjoining the western boundary of the current Nambucca Waste Management Facility.

 

Council engaged Enginuity Design Pty Ltd to undertake a desk top study as to ascertain whether there were any significant environmental or engineering constraints which could prevent the development of the site as a waste management facility.  The primary objective of the assessment was to ensure Council did not purchase a site which would be unsuitable for future waste management activities.  The scope of works for the preliminary assessment included identifying and assessing the primary constraints of the subject land.

 

Based on a concept design, the estimated material excavation and landfill space volumes within the defined areas of the proposed extension are tabled below:

 

 

AREA (HA)

EXCAVATED MATERIAL (M3)

LANDFILL SPACE (M3)

Lot 2 (Stage 3)  

3.0

250,000

700,00

Lot 2 (North Area)

4.1

450,000

1,200,00

Forestry Land

13.2

700,000

3,200,00

Total

20.3

1,400,00

5,100,000

 

The total area of the proposed extension to the waste facility excludes buffer zones and site buildings etc, is based on the following:

 

·      Lot 2 (Stage 3) – EPA approved unconstructed area of the current landfill design

·      Lot 2 (North Area) -  Remaining area to be designed and approved by the EPA

·      Forestry Land – Proposed land acquisition

 

Status

 

Forest Corporation NSW (FCNSW) carried out an intensive assessment of the resource carried by this section of Nambucca State Forest.  It comprised substantially high quality Blackbutt and Tallowood mature regrowth forest that is an important part of their timber resource and supply framework, given their contractual arrangements with customers that have been subject to a number of recent changes.

 

As a result of the changed circumstances within the organisation, FCNSW formally advised Council that they have no interest in and are unable to proceed with the proposed acquisition.

 

Future

 

Council’s options in moving forward are identified in the table below:

 

1

Acquire another suitable parcel of land to facilitate a land swap

2

Apply for Ministerial approval for a compulsory land acquisition

3

Seek agreement from Coffs Coast Waste Service (CCWS) member Councils for a new governance arrangement as a precursor to implementing the regional waste strategy and the use of the Nambucca landfill as a regional facility.  Following this or in conjunction seek Ministerial approval for a compulsory land acquisition funded by CCWS

 

Given the Shire has up to 30 years of remaining landfill capacity (subject to disposal quantities) at the current site, there is no immediate requirement for Council to purchase land to facilitate a swap.  The State Forest will remain into the future and compulsory acquisition can be applied for when and if required. 

 

 

CONSULTATION:

 

General Manager

Assistant General Manager Engineering Services

Waste Management Officer

Forestry Corporation of NSW (copy of letter at end of this report)

 

 

SUSTAINABILITY ASSESSMENT

 

Environment:

 

All kerbside waste materials are collected and reprocessed through the materials recycling facility and the biomass plant with only the reject and residual materials being landfilled.  Self-hauled wastes are sourced separated and recycled or landfilled accordingly.

 

Social:

 

Securing adequate landfill space for the Nambucca Valley is an important strategic planning activity that will ultimately provide substantial social and financial dividends to the community. 

 

Economic:

 

No identifiable economic impacts.

 

Risk:

 

There is the possibility of risk surrounding Coffs Coast Waste Services and availability of landfill space.  Currently all reject and residual materials from the domestic kerbside collection service are landfilled at the Englands Road Facility Coffs Harbour. Contractual obligations remain until 2027. 

 

 

FINANCIAL IMPLICATIONS

 

Direct and indirect impact on current and future budgets:

 

No identifiable impact on current or future budgets.

 

Source of fund and any variance to working funds:

 

No identifiable impact on working funds.

 

Service level changes and resourcing/staff implications:

 

No identifiable changes or implications.


 

 

 16/07/2015

 

Ref No.: F2009/02064

 

 

The General Manager

Nambucca Shire Council

PO Box 177

MACKSVILLE NSW 2447

Attention: Simon Chapman – Waste Services

 

Dear Sir,

 

Proposed Land Acquisition Adjacent to Nambucca Waste Management Facility

Nambucca State Forest

 

Reference is made to your formal advice of 20th March 2015 informing the Forestry Corporation of NSW (FCNSW) of Council’s intention to acquire land adjacent and to the west of the existing Nambucca Waste Management Facility located at 711 Old Coast Road Nambucca Heads comprising part of Nambucca State Forest No. 543.

 

Unfortunately, FCNSW wishes to formally advise Council that we have no interest in and are unable to proceed with this proposed acquisition.

 

FCNSW has carried out an intensive assessment of the resource carried by this section of Nambucca State Forest. It comprises substantially a very high quality Blackbutt and Tallowwood mature regrowth forest that is an important part of our timber resource and supply framework, particularly since contractual arrangements with customers have been subject to a number of recent changes.

 

FCNSW recognises that while this position may not align with previous advice given to Council and that Council has made some investment in preliminary studies of the section concerned to ascertain its suitability for the intended use, FCNSW’ circumstances have changed in a number of respects in recent years and acquisition of the area by Council is no longer possible.

 

If you have any queries regarding this advice, please contact Richard Rienstra at FCNSW’ Wauchope Office on (02) 6585 3744.

 

Yours faithfully

 

 

 

Richard Rienstra

Senior Land Administrator I Forests Stewardship

 


Attachments:

There are no attachments for this report.