NAMBUCCA

SHIRE COUNCIL

 


Ordinary Council Meeting

AGENDA ITEMS

15 June 2017

 

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:

 

Nambucca Shire Council believes that the opportunity for any person to address the Council in relation to any matter which concerns them is an important demonstration of local democracy and our values.  Accordingly Council allows members of the public to address it on matters not listed in the agenda provided the request is received before publication of the agenda (registration to speak may be made by telephone or in person before 2.00 pm on a meeting day) and the subject of the address is disclosed and recorded on the agenda.

 

In relation to regulatory or enforcement matters it needs to be understood that the Council has certain legal obligations which will generally prevent the Council from providing an immediate response to any concerns or grievances which may be raised in the public forum.  In particular the Council has to provide procedural fairness and consider all relevant information. 

 

Generally this cannot be done with matters which have come direct to Council via the public forum.  So the fact that the Council may not immediately agree to the representations and seek a report instead should not be taken to indicate disagreement or disinterest.

 

Where the subject matter concerns an on-going complaint which has been the subject of previous investigation by Council staff and/or external bodies such as the NSW Ombudsman, the General Manager in consultation with the Mayor will decide on whether or not the person will be allowed to speak in the public forum.

 

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 - 15 June 2017

 

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

 

5.00 pm – 5.30 pm                   Ecosure - Draft Flying-Fox Plan

 

1        APOLOGIES

2        PRAYER – Pastor Paul Richardson

3        DISCLOSURE OF INTEREST

4        CONFIRMATION OF MINUTES —

Ordinary Council Meeting - 25 May 2017...................................................................................... 7

5        NOTICES OF MOTION

5.1     Review of Capacity of Finance Section............................................................................ 20  

6        PUBLIC FORUM

i         Keith Baldwin and Alison Nowland - Impact of the Pacific Highway construction on flooding at Browns Crossing Road

 

DELEGATION

ii        Jon Benelle - Developer Servicing Charges for Existing Residential Lots Which Have Been Levied a Single Water & Sewerage Access Charge as Part of an Existing Holding

 

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.................................................................................... 21

9.2     Developer Servicing Charges for Existing Residential Lots Which Have Been Levied a Single Water & Sewerage Access Charge as Part of an Existing Holding.................................................. 25

9.3     2015-16 NSW Water Supply and Sewerage Performance Monitoring Report....................... 35

9.4     Nambucca Heads Island Golf Club Lease and Request for Sponsorship........................... 48

9.5     Proposed Sale of Former Night Soil Depot at Gumma..................................................... 52

9.6     E J Biffin Fields - Fencing of Amenities Building.............................................................. 56

9.7     Operational, Community and Public Land......................................................................... 58

9.8     Water, Sewerage and Domestic Waste Charges for Secondary Dwellings up to 60m2 in Gross Floor Area............................................................................................................................... 70

9.9     Contribution for Repair of the Bowraville Town Clock........................................................ 72

9.10   Annual Reporting of Contracts for Senior Staff................................................................ 74

9.11   Contaminated Land Policy.............................................................................................. 77

9.12   Development Application 2016/233 - Swimming Pool Lot 120 DP 245010, 7 South Pacific Drive, Scott's Head............................................................................................................................ 154

9.13   Development Applications greater than 12 months or where submissions received -  to 7 June 2017.................................................................................................................................... 166

9.14   2017 May - Development and Complying Development Applications Received................ 171

9.15   2017 May - Approved Construction and Complying Development Certificates.................. 175

9.16   Draft Flying Fox Management Plan Gordon Park............................................................ 180

9.17   Minutes of the Nambucca Shire Council Access Committee meeting held 23 May 2017.... 410

9.18   Council Ranger's Report April 2017................................................................................ 424

9.19   Update on proposed upgrade of James Park ................................................................ 427

10      Assistant General Manager Corporate Services Report

10.1   Investment Report to 31 May 2017................................................................................. 440

10.2   Schedule of Council Public Meetings 2017..................................................................... 445

11      Assistant General Manager Engineering Services Report

11.1   Tender for supply and delivery of Bulk Water Treatment Chemicals................................. 446

11.2   Tender for the supply and delivery of hardware.............................................................. 450

11.3   Tender for the Supply and Deliver of Traffic and Safety Signage.................................... 453    

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

12.1   Tender for Supply and Delivery of Bulk Water Treatment Chemicals

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) (d) of the Local Government Act, 1993, on the grounds that the report contains commercial information of a confidential nature that would, if disclosed (i) prejudice the commercial position of the person who supplied it; or (ii) confer a commercial advantage on a competitor of the Council; or (iii) reveal a trade secret.

 

12.2   Tender for the Supply and Delivery of Hardware

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) (d) of the Local Government Act, 1993, on the grounds that the report contains commercial information of a confidential nature that would, if disclosed (i) prejudice the commercial position of the person who supplied it; or (ii) confer a commercial advantage on a competitor of the Council; or (iii) reveal a trade secret.

 

12.3   Tender for the Supply and Deliver of Traffic and Safety Signage

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) (d) of the Local Government Act, 1993, on the grounds that the report contains commercial information of a confidential nature that would, if disclosed (i) prejudice the commercial position of the person who supplied it; or (ii) confer a commercial advantage on a competitor of the Council; or (iii) reveal a trade secret.

  

            a      Questions raised by Councillors at 8 above

 

       i         MOTION TO CLOSE THE MEETING

       ii        PUBLIC VERBAL REPRESENTATIONS REGARDING PROPOSAL

     TO CLOSE

       iii       CONSIDERATION OF PUBLIC REPRESENTATIONS

                   iv       DEAL WITH MOTION TO CLOSE THE MEETING

13      MEETING CLOSED TO THE PUBLIC

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


NAMBUCCA SHIRE COUNCIL

 

Description: nambucca valley nsc

 

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 25 May 2017 commencing at 5.34 pm

The following document is the minutes of the Ordinary Council meeting held 25 May 2017.  These minutes are subject to confirmation as to their accuracy at the next meeting to be held on Thursday 15 June 2017 and therefore subject to change.  Please refer to the minutes of 15 June 2017 for confirmation.

 

PRESENT

 

Cr Rhonda Hoban (Mayor)

Cr John Ainsworth

Cr Martin Ballangarry OAM

Cr Brian Finlayson

Cr Susan Jenvey

Cr David Jones

Cr Janine Reed

Cr Anne Smyth

Cr John Wilson

 

 

 

ALSO PRESENT

 

Michael Coulter (General Manager)

Scott Norman (AGM Corporate Services)

Paul Gallagher (AGM Engineering Services)

Lorraine Hemsworth (Minute Secretary)

 

 

Introduction of Tim Polo (Designer – Engineering) to the Councillors.

 

 

PRAYER

 

Pastor Darryl Springs from the Presbyterian Church, offered a prayer on behalf of the Nambucca Minister's Association.

 

 

DISCLOSURE OF INTEREST

 

Councillor Smyth declared a non-pecuniary less significant conflict of interest in Item 9.13 Establish of a Council Clean Energy Committee under the Local Government Act as Cr Smyth is a member of the Nambucca Valley Conservation Association who have been invited to participate on the Clean Energy Committee.

 

 

CONFIRMATION OF MINUTES - Ordinary Council Meeting

 

SUBJECT:   CONFIRMATION OF MINUTES - Ordinary Council Meeting 11 May 2017

240/17 Resolved:        (Smyth/Ballangarry)

 

That the minutes of the Ordinary Council Meeting of 11 May 2017 be confirmed.

 

 

 

  

ASKING OF QUESTIONS WITH NOTICE

 

There are no questions with notice.

 

QUESTIONS FOR CLOSED MEETING WHERE DUE NOTICE HAS BEEN RECEIVED

 

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

241/17 Resolved:        (Ainsworth/Reed)

 

That Item 9.14 Insurance Brokerage Services Tender be brought forward as a staff member is present.

 

 

 

ITEM 9.14    T002/2017           250517      Insurance Brokerage Services Tender

242/17 RESOLVED:        (Ainsworth/Reed)

 

1        That Council accepts the tender from Jardine Lloyd Thompson for the provision of insurance brokerage services for a period of five years commencing 1 July 2017.

 

2        That Council formally acknowledges the outstanding work of Safety and Risk Officer, Ken Fowler, in achieving a significant reduction in Council’s insurance premium to the value of $283,303.03.

 

3        That Council formally thank Albury City Council for their assistance in providing information for the insurance brokerage services tender.

 

For the motion:                         Councillors Hoban, Wilson, Ballangarry, Jenvey, Smyth, Finlayson, Ainsworth, Reed and Jones (Total 9)

Against the motion:         Nil

 

243/17 Resolved:        (Ainsworth/Wilson)

 

That Item 9.16 - Charges to Operate On-Site Sewage Management Systems be brought forward as there is a member in the public gallery with an interest in the matter.

 

 

ITEM 9.16    SF1232              250517      Charges to Operate On-Site Sewage Management Systems

244/17 RESOLVED:        (Ainsworth/Wilson)

 

That the information concerning questions about charges for the operation of on-site sewage management systems be received.

 

 

 

 

 

General Manager Report

ITEM 9.1      SF959                250517      Outstanding Actions and Reports

245/17 RESOLVED:        (Ainsworth/Finlayson)

 

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

 

 

 

 


 

 

ITEM 9.2      SF578                250517      Land Management and Biodiversity Conservation Reforms - Regulations on Public Exhibition until 21 June 2017

246/17 RESOLVED:        (Ainsworth/Wilson)

 

That Council note the information concerning the public exhibition of the draft regulations for the Biodiversity Conservation Act 2016 and the Local Land Services Amendment Act 2016.

 

 

 

ITEM 9.3      PRF19                250517      Illawong Village Boundary Adjustment

247/17 RESOLVED:        (Finlayson/Ainsworth)

 

That Council request the NSW Department of Industry – Lands to provide Council with trust tenure of Part Lot 483 DP 755550 and Lot 447 DP 755550 being the undeveloped residue of Crown Reserve 85920 to enable its development for housing for seniors or people with a disability.

 

 

 

ITEM 9.4      SF42                  250517      2017/2018 Determination of the Local Government Remuneration Tribunal

 MOTION:     (Finlayson/Ainsworth)

 

1        That Council confirm that remuneration for the Mayor and Councillors in 2017/2018 be set at the maximum allowed under the determination of the Local Government Remuneration Tribunal being:

 

          Councillors                      $11,570

          Mayor Additional Fee      $25,250*

 

          *This fee must be paid in addition to the fee paid to the Mayor as a Councillor (s.249(2)).

 

2        That Council’s Creditors Clerk be advised of the increase in Councillor fees effective from 1 July 2017.

 

Amendment:       (Jenvey/Smyth)

 

1        That Council confirm that remuneration for the Mayor and Councillors in 2017/2018 be set at the maximum allowed under the determination of the Local Government Remuneration Tribunal being:

 

          Councillors                      $11,570

          Mayor Additional Fee      $25,250*

 

          *This fee must be paid in addition to the fee paid to the Mayor as a Councillor (s.249(2)).

 

2        That Council’s Creditors Clerk be advised of the increase in Councillor fees effective from 1 July 2017.

 

3        That a submission to the Tribunal for consideration of remuneration.

The Amendment was Lost.

The Motion was put and it was:

 

 

248/17 Resolved:        (Finlayson/Ainsworth)

 

1        That Council confirm that remuneration for the Mayor and Councillors in 2017/2018 be set at the maximum allowed under the determination of the Local Government Remuneration Tribunal being:

 

          Councillors                    $11,570

          Mayor Additional Fee     $25,250*

 

          *This fee must be paid in addition to the fee paid to the Mayor as a Councillor (s.249(2)).

 

2        That Council’s Creditors Clerk be advised of the increase in Councillor fees effective from 1 July 2017.

 

ITEM 9.5      SF1673              250517      Cost/Benefit of an Area Switch in NBN Technology

249/17 RESOLVED:        (Finlayson/Reed)

 

That the information concerning the cost/benefit of an Area Switch in NBN technology be received.

 

 

 

ITEM 9.6      SF1958              250517      Nambucca Flood Risk Management Study and Plan

250/17 RESOLVED:        (Finlayson/Wilson)

 

1        That Council adopt the Nambucca Flood Risk Management Study and Plan for implementation with the changes identified/recommended in this report.

 

2        Council’s internal Geographic Information System be updated with the most current flood mapping available including, 1% AEP flood Levels, PMF flood levels, relevant Flood Velocities and surveyed floor levels of dwellings in the project area;

 

3        Amendments to the Nambucca LEP 2010 recommended in the Flood Risk Management Plan be given further consideration in the next housekeeping LEP amendment.

 

 

 

ITEM 9.7      DA2017/076        250517      Development Application DA2017/076

251/17 RESOLVED:        (Smyth/Ainsworth)

 

That Council as the consent authority, pursuant Section 80 of the Environmental Planning and Assessment Act 1979, grant consent for Development Application 2017/076 for a dwelling house on Lot B DP 316099 68 High Street, Bowraville, subject to the schedule of conditions outlined in attachment 2 of this report.

 

For the motion:                         Councillors Hoban, Wilson, Ballangarry, Jenvey, Smyth, Finlayson, Ainsworth, Reed and Jones (Total 9)

Against the motion:         Nil

 

 

 


 

 

ITEM 9.8      SF1541              250517      Review of Local Environmental Plan

MOTION:      (Smyth/Jenvey)

 

That Council note the contents of the report and provide the General Manager or Manager Development & Environment with any suggested amendments to the Nambucca Local Environmental Plan 2010 for consideration.

 

 

Amendment:       (Finlayson/Ainsworth)

 

1        That Council note the contents of the report and provide the General Manager or Manager Development & Environment with any suggested amendments to the Nambucca Local Environmental Plan 2010 for consideration.

 

2        That the review include consideration and a subsequent report on the creation of more residential land near Macksville and more Industrial land (including land for Bulky Goods retail) near Macksville.

 

The Amendment was carried and became the motion which is:

 

 

252/17 Resolved:        (Finlayson/Ainsworth)

 

1        That Council note the contents of the report and provide the General Manager or Manager Development & Environment with any suggested amendments to the Nambucca Local Environmental Plan 2010 for consideration.

 

2        That the review include consideration and a subsequent report on the creation of more residential land near Macksville and more Industrial land (including land for Bulky Goods retail) near Macksville.

 

 

 

 

 

ITEM 9.9      SF2150              250517      Bowraville Connections, Stage 1 Community Recreation and Sports Precinct

253/17 RESOLVED:        (Jenvey/Finlayson)

 

1          That Council endorse the draft plan for implementation, subject to design modifications to accommodate works and further consultation regarding proposed camping.   Council will be consulted on the implementation of plan as required.

 

2          That Council note the options for funding, including the offer of $150,000.

 

 

 

 


 

 

ITEM 9.10    SF2293              250517      Development Applications greater than 12 months or where submissions received - to 18 May 2017

254/17 RESOLVED:        (Finlayson/Ainsworth)

 

That the information be noted by Council.

 

 

 

 

 

ITEM 9.11    SF818                250517      Bowra Dam - Request for licence amendment for environmental release

255/17 RESOLVED:        (Smyth/Reed)

 

That Council write to DPI-Water requesting a meeting to pursue the licence amendment that would also including other stake holders and that the Mayor, General Manager, Assistant General Manager Engineering Services, Manager Water and Sewerage and a representative from GHD form a delegation to attend that meeting.

 

 

 

 

 

ITEM 9.12    SF777                250517      Expression of Interest to Establish a biobanking site at the Nambucca Off River Storage Facility

256/17 resolved:        (Finlayson/Ainsworth)

 

That Council list the Nambucca Off River Storage Facility land being Lot 1 DP1186268, excluding the high water mark for a 14,000 ML dam and subject to staff investigating the areas of suitability as borrow pits for future wall construction, on the Office of Environment and Heritage Biobank Site Expression of Interest Public Register.

 

 

 

 

 

ITEM 9.13    SF842                250517      Establishment of a Council "Clean Energy Committee"

257/17 MOTION:    (Jenvey/Ballangarry)

 

1          That Council nominates three (3) Councillors including a Chair to the Committee

 

2          That Council appoints all members of the public who have submitted an expression of interest to the Committee

 

3          That Council thanks the Office of Environment & Heritage for accepting the invitation to be a part of the Committee

 

4          That Council thanks all those who have submitted expressions of interest

 

 

Amendment:       (Ainsworth/Jones)

 

1          That Council nominates three (3) Councillors including a Chair to the Committee

 

2          That Council appoints all members of the public who have submitted an expression of interest to the Committee

 

3          That Council thanks the Office of Environment & Heritage for accepting the invitation to be a part of the Committee

 

4          That Council thanks all those who have submitted expressions of interest

 

5          That the Committee review the Terms of Reference for Council’s consideration.

 

The Amendment was carried and became the motion which is:

 

 260/17 Resolved:       (Ainsworth/Jones)

 

1          That Council nominates three (3) Councillors including a Chair to the Committee

 

2          That Council appoints all members of the public who have submitted an expression of interest to the Committee

 

3          That Council thanks the Office of Environment & Heritage for accepting the invitation to be a part of the Committee

 

4          That Council thanks all those who have submitted expressions of interest

 

5          That the Committee review the Terms of Reference for Council’s consideration.

 

6          That Councillors Jenvey, Smyth and Ballangarry be nominated to participate in the Clean Energy Committee.

 

 

 

 

Item 9.14 was dealt with earlier in the meeting.

 

 

 

ITEM 9.15    SF265                250517      Review of Donations Policy

261/17 RESOLVED:        (Wilson/Reed)

 

That the reviewed Policy - “Donations Policy” be placed on public exhibition for 28 days.

 

 

 

Item 9.16 has been dealt with earlier in the meeting.

 

 


 

 

ITEM 9.17    SF1154              250517      Draft Workforce Plan 2017-2021

262/17 RESOLVED:        (Finlayson/Ainsworth)

 

That the draft Workforce Plan 2017-2021 be placed on exhibition for 28 days along with the other components of the Resourcing Strategy, Community Strategic Plan and Delivery Program.

 

 

 

 

 

ITEM 9.18    SF2244              250517      March 2017 Budget Review

263/17 RESOLVED:        (Wilson/Ainsworth)

 

1        That the budget review for the quarter ended 31 March, 2017 be received.

 

2        That the recommended increases and decreases in votes be included as subsequent votes for the financial year 2016/2017.

 

 

 

 

Assistant General Manager Corporate Services Report

ITEM 10.1    SF2246              250517      Environmental Levy Projects 2017-18

264/17 RESOLVED:        (Smyth/Wilson)

 

That Council resolve:

 

1        To note the information concerning the Environmental Levy budget and projects.

 

2        That the information be included in the 2017-18 Integrated Planning and Reporting documents put on exhibition for public comment.

 

 

 

 

 

ITEM 10.2    SF2246              250517      End of Term Report on Progress Towards Implementing the Community Strategic Plan

265/17 RESOLVED:        (Finlayson/Reed)

 

That Council note End of Term report on the progress on implementation of the Community Strategic Plan 2013-2023.

 

 

 

 


 

 

ITEM 10.3    SF1618              250517      Community Strategic Plan 2027

motion:      (Wilson/Jenvey)

 

That Council endorse the Draft Nambucca Shire Council Community Strategic Plan 2027 and that the draft document be placed on display for public comment.

 

Amendment:  (Jenvey/Smyth)

That Council adopt the recommendation with the following changes:

 

Page 13

Aspiration 3 Living Well

 

2nd dot point:

The Shire’s residents will value and celebrate the inspiring achievements and practices of the worlds oldest living culture.

 

Aspiration 4:  Promoting Prosperity

 

1st dot point:

The Shire’s infrastructure will reliably support the needs of the community.  It will plan for future demands and balance economic opportunities with sustainability outcomes.

 

The Amendment was lost.

 

Amendment:       (Hoban/Ainsworth)

That whilst the Draft Community Strategic Plan is on exhibition that Councillors review the document within 14 days and provide any comments to the Assistant General Manager Corporate Services for circulation to all Councillors for consideration with any comments from the public, prior to its finalisation.

 

 

The Amendment was carried and became the motion which is:

 

267/17 Resolved:        (Hoban/Ainsworth)

 

That whilst the Draft Community Strategic Plan is on exhibition that Councillors review the document within 14 days and provide any comments to the Assistant General Manager Corporate Services for circulation to all Councillors for consideration with any comments from the public, prior to its finalisation.

 

 

 

 

 

ITEM 10.4    SF251                250517      Schedule of Council Public Meetings 2017

268/17 RESOLVED:        (Ainsworth/Finlayson)

 

That the schedule of dates for public Council meetings in 2017 be noted and received for information by Council.

 

 

 

 


 

 

ITEM 10.5    SF2344              250517      Initial Local Government Performance Audits conducted by the NSW Audit Office

269/17 RESOLVED:        (Ainsworth/Reed)

 

That Council note the information from the Audit Office NSW.

 

 

 

 

 

ITEM 10.6    SF1618              250517      Nambucca Shire Delivery Program 2017-2021

270/17 RESOLVED:        (Reed/Wilson)

 

That Council endorse the Draft Nambucca Shire Council Delivery Program 2017-2021 and that the draft document be placed on display for public comment.

 

 

 

 

Assistant General Manager Engineering Services Report

ITEM 11.1    SF1031              250517      Review of Policy: Trees and Street Gardens - Maintenance and Removal of Trees and Street Gardens on Public Land Managed by Council

271/17 RESOLVED:        (Smyth/Ballangarry)

 

1        That Council adopt the revised Draft Policy - Trees and Street Gardens – Maintenance and Removal of Trees and Street Gardens on Public Land Managed by Council (Our Ref:  13154/2013).

 

2        That Council delete the policies titled Tree Maintenance and Removal Application (TRIM SF265: 13482/2007) and the Trees in Parks, Streets and Street Gardens (TRIM SF265: 25354/2007).

 

3        That Council update the Policy Register and the website accordingly.

 

4        That Council thank Mr Richard Ennis for his submission.

 

 

 

 


 

 

ITEM 11.2    SF1676              250517      Capital Works Report - March 2017

272/17 RESOLVED:        (Finlayson/Ainsworth)

 

1        That the Capital Works Report for the third quarter of the 2016/17 financial year ending 31 March 2017 and expenditure YTD week ending 15 May 2017, be received and noted.

 

2        That Council defer the purchase of the two Civic Services vehicles being Plant No 5981 ($29000.00) and Plant No 5591 ($29,000.00) following Council resolution to review these services and place the allocation of $58,000.00 into the plant reserve.

 

3        That Council reallocate the amount of $97,000.00 from WO 2396 (Rodeo Drive) and place the allocations across WO 2837 ($63,172.00) and WO 2404 ($33,042.00) to cover the over expenditure attributed to wet weather and latent pavement conditions, and WO 2396 (Rodeo Drive) allocation be amended to $93,000.00.

 

4        That Council reallocate the amount of $10,000.00 (WO 2765 gravel Council place the allocation of $13,000.00 (WO2741 - Coronation Park - Renewal of 2 Light Poles) and $15000.00 (WO2396 - Thistle Park Oval - cricket nets) into a reserve for use in the 2017/18 financial year. 

 

5        That Council reallocate the amount of $10000.00 (WO 2765 gravel resheeting for Brush Box Road) to the next gravel resheeting project located on Southbank Road due to the works being completed by Pacifico.

 

6        That Council revote the allocation of $10,500.00 (WO 2767 gravel resheeting for Cockburns Lane) to the 2017/18 financial year due to access not being available because of the work currently in progress on the Pacific Highway upgrade.

 

7        That Council combine the allocation of $24300.00 for WO 2371 (Nambucca Heads road rehabilitation) and the allocation of $10500.00 for WO 2747 (Ridge Street reseal) to $34800.00 under WO 2371 for the pavement rehabilitation on Ridge Street Nambucca Heads.

 

8        That Council reallocate the amount of $12,000.00 from WO 2793 (Headworks Lab Building) for the replacement of a booster pump at Scotts Head following an unplanned failure.

 

9        That Council reallocate the amount of $13,500.00 from WO 1945 (Sewer Rehabilitation) to WO 1681 (Biosolids Processing).

 

10      That Council revote the amount of $56500.00 from WO 1945 (Sewer Rehabilitation) for work to be undertaken in 2017/18 for sewer line rehabilitation.

 

11      That Council reallocate the amount of $90,000.00 (WO 1642) to replace the old AC main in Newry Street in lieu of constructing a new main in Loftus Lane to take water services off trunk main between reservoirs (WO1643).

 

 

 

     


 

 

COUNCIL IN CLOSED MEETING (CLOSED TO THE PUBLIC)

273/17 RESOLVED:        (Wilson/Ainsworth)

 

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

 

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

 

Reason reports are in Closed Meeting:

 

 

General Manager Report

For Confidential Business Paper in Closed Meeting

ITEM 12.1    SF2302              250517      Insurance Brokerage Services Tender

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.

 

 

 

For Confidential Business Paper in Closed Meeting

ITEM 12.2    SF2279              250517      Organisation Review - Water and Sewer Section

It is recommended that the Council resolve into closed session with the press and public excluded to allow consideration of this item, as provided for under Section 10A(2) (a) of the Local Government Act, 1993, on the grounds that the report contains personnel matters concerning particular individuals.

 

 

 

CLOSED MEETING

 

The Ordinary Council Meeting IN CLOSED commenced at 7.52 pm.

 

RESUME IN OPEN MEETING

274/17 RESOLVED:        (Finlayson/Ainsworth)

 

That the Ordinary Council Meeting resume in Open Meeting. The Ordinary Council Meeting resumed IN OPEN MEETING at  7.53 pm

 

 


 

FROM COUNCIL IN CLOSED MEETING

 

General Manager Report

For Confidential Business Paper in Closed Meeting

ITEM 12.1    SF2302              250517      Insurance Brokerage Services Tender

275/17 RESOLVED:        (Ainsworth/Finlayson)

 

That Council accept the tender from Jardine Lloyd Thompson for the provision of insurance brokerage services for a period of five years commencing 1 July 2017.

 

 

 

 

 For Confidential Business Paper in Closed Meeting

ITEM 12.2    SF2279              250517      Organisation Review - Water and Sewer Section

276/17 RESOLVED:        (Finlayson/Reed)

 

That the following changes to the organisation structure be noted:

 

a)       the following positions being made redundant:

 

·           Water and Sewerage Coordinator (presently vacant)

·           Site Leader Sewerage

·           Site Leader Water

 

b)       the following positions being created: 

 

·           Reticulation Coordinator

·           Electrician

·           Plumber

·           Pump Station Attendants x 2

 

c)       the Sewer Attendants and Water Attendants positions being retitled Reticulation Attendant.

 

d)       the position of Water and Sewerage Technical Officer with a revised position description be retained, but under Development & Environment reporting to the Senior Health and Building Surveyor.

 

 

 

 

CLOSURE

 

There being no further business the Mayor then closed the meeting the time being 7.53 pm. 

 

Confirmed and signed by the Mayor on 15 June 2017.

 

 

CR RHONDA HOBAN

MAYOR

(CHAIRPERSON)

 

     


Ordinary Council Meeting                                                                                                    15 June 2017

Notice of Motion

ITEM 5.1      SF2303            150617         Review of Capacity of Finance Section

 

AUTHOR/ENQUIRIES:    Rhonda Hoban, Councillor         

 

Summary:

 

There have been numerous reports to Council detailing the change to financial benchmarking and reporting, from Fit For The Future to the appointment of the Auditor General to oversee audits.

 

NSC put a detailed proposal to the NSW government identifying how we will continue to meet the bench marks we already meet and achieve those we don't. As a result we were declared Fit For The Future. 

 

However the work does not stop there. The challenge now is to ensure that as an organisation we meet those commitments so this will be an ongoing process for Council and in particular our Finance staff who to a degree are responsible for ensuring it happens. It isn't the sole responsibility of Finance; it is everyone’s responsibility but Finance are the section in our organisation who are in the best position to track our progress, raise alarm bells if they have any concerns and are ultimately responsible for preparing the reports that are required for auditing, benchmarking and even justification to IPART for any future rate increases. The other significant challenge for finance is that they are required to operate within specific and often regulated or legislated timeframes. 

 

We must ensure that our Finance section is as well-equipped as our financial resources allow to meet those requirements.

 

 

Recommendation:

 

1        That in consultation with Finance staff, the GM & AGMCS conduct a review of the capacity of the Finance Section to meet reporting requirements.

 

2        That the review consider matters such as skill sets, training needs, capacity to backfill critical positions, workload spread and opportunities for efficiencies in process and the removal of duplication.

 

 

 

Attachments:

There are no attachments for this report.        


Ordinary Council Meeting                                                                                                    15 June 2017

General Manager

ITEM 9.1      SF959              150617         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

 

JULY 2011

1

SF1031

21/7/11

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

 

GM

31/05/17 Now that the Floodplain Management Study and Plan are completed this policy can be referred to the next Estuary Committee meeting for consideration.

 

DECEMBER 2013

 

2

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 issued 30 November 2015.

 

Proposed on-going progress report on Council’s capital works program with a monthly update to be listed on Council’s website.

 

7/3/17 – discussed with AGMES – awaiting IT to provide a report from Authority which identifies all capital expenditure items.

 

 

AUGUST 2015

 

3

SF674

13/08/15

Council write to the appropriate Minister drawing attention to the history of the matter (negotiations to extend Council’s Waste Depot) and particularly Council’s investment in studies made in good faith as well as the importance of the facility to the growth and security of our local community.

 

AGMES

Letter to be drafted to appropriate Minister.

Letter sent week ending 30 September 2015.

Nil response from the Minister to date, another letter sent 3 December 2015.

Response received from Minister and report to a meeting in March 2016.

 

Minister referred staff to Forests and a meeting is being organised with Forests NSW in 2016 for further discussion with a report to be presented to Council afterwards.

 

22 March 2017: AGMES has contacted Forestry and a further meeting to be arranged to consider sites for offset forestry.

 

OCTOBER 2015

 

4

SF1855

26/11/15

That Council receive a report regarding any options for traffic lights at River Street and Cooper Street following the completion of the Macksville by-pass.

GM

Report late 2017

 

AUGUST 2016

 

5

SF325

25/8/16

That in consultation with the (Gordon Park) Tennis Committee of Management, Council staff investigate the option for not including the new Club house on Council’s asset register.

AGMCS

To be discussed with Auditors.

 

JANUARY 2017

 

6

SF2208

12/01/17

Council engage a qualified person to undertake an assessment of flora and fauna on Lot 701 Boronia Street, Nambucca Heads to determine impact of required APZ’s.

 

GM

Report May 2017

15/05/17 – Ecologist has been engaged and a report has been prepared. It will be included/ considered in the housekeeping amendment going to the next council meeting.

01/06/17 – Housekeeping amendment planned to be finalised by end of 2017.

 

 

7

SF1134

12/01/17

There be a further report to Council when there has been some substantive progress in the matter (Council land behind NEOC) or in 6 months’ time, whichever occurs first.

 

GM

Report July 2017

 

FEBRUARY 2017

 

8

SF988

9/02/17

Representations re a new Macksville Hospital on a green fields site.

 

GM

Letters sent to RMS, Health Infrastructure, and Police on 13/02/2017

1/06/17 Follow up letter sent to Minister for Police and Member for Oxley re centralised police station.

 

7/06/17 Letters also sent to the three Chambers of Commerce.

 

 

9

SF2094

9/02/17

Council defer the sale of its land at Hyland Park and investigate the cost of undertaking the development itself.

 

GM

Amos & McDonald to be engaged to review development consent (subdivision plan) and following that to prepare a project budget for consideration by Council.

 

18/3/17 – Amos & McDonald not available.  Quote now being sought from De Groot & Benson Pty Ltd.

 

 

MARCH 2017

 

10

SF2303

16/03/17

That Council provide locality signs at the village of Taylors Arm.

 

AGMES

Sign to be erected and review of other localities to be undertaken.

 

11

PRF79

16/03/17

That Council call for expressions of interest for membership of a S355 CoM for the Adin St reserve, Village Green and other public land in the vicinity.

 

GM

To be reported in May 2017

15/5/2017 – requires a decision as to whether or not the new S355 CoM will incorporate the existing Tennis Courts CoM.  Not likely to be reported before July 2017.

 

17/5/2017 – Decision made not to incorporate the Tennis Courts Committee of Management – Expressions of Interest to be advertised.

 

12

PRF79

16/03/17

That the Plan of Management for the Adin St Reserve be reviewed.

 

GM

To be reported in May 2017.

15/5/2017 – Awaiting determination of S355 Committee who would have input into a review of the Plan of Management.

 

 

13

SF474

16/03/17

That Council support & fund a new tourism website etc.

 

MCD

18/3/17 - Contractor being engaged.  Availability of required staff resources being assessed.

 

2/5/2017 – Quote accepted and website template being developed – this will take approximately 6 weeks

 

 

14

SF2230

16/03/17

Council assess the appropriateness of the Water & Sewerage restricted reserves after the completion of the review of the Water Cycle Management Plan

 

AGMCS

18/3/17 – Report late 2017

 

 

15

SF2303

30/3/17

Council seek further advice from Mr Miles as to ways Council may be able to connect with the veterans either formally or informally on the Nambucca River leg (Operation Pilgrimage)

 

MCD

3/5/2017 – Further investigation being undertaken

 

16

SF2195

30/3/17

Council seek to further negotiate the offer of compensation from RA for the damage caused by the 2016 World Rally Championship.

 

GM

4/4/17 – letter sent to RA requesting a meeting

20/4/17 – meeting organised for 10am Friday 5 May 2017.

5/5/2017 – outcome of meeting was to confirm $20k offer plus bringing forward $20k for 2017/2018.  Mayor to discuss with Member for Coffs Harbour.  Letter to Destination NSW.

16/5/17 - letter sent to Destination NSW re funding for damage bill.

17/5/2017 - Deputy Mayor and Cr Finlayson attending Rally Australia Meeting.

 

 

17

SF2195

30/3/17

Make representations to the Min. for Sport concerning damage caused to NSC roads by the 2016 World Rally event.

 

GM

4/4/17 – letter sent to Minister and cc to Member for Oxley.

 

 

 

APRIL 2017

 

18

 

13/04/17

Council write to the Minister for Roads, seeking advice as to the timing of Fixing Country Roads Grant Program.

 

GM

Letter sent.

1/5/17 - Council has been informally advised that the program will open in June 2017.

30/05/17 – additional details on costing and cost/benefit for the sealing of Lower Buckrabendinni Road has been sent to the Member for Oxley.

 

 

19

LF6505

13/04/17

Council again request the RMS to construct the road connection to Florence Wilmont Drive on the basis that the RMS has created the situation and that the Minister’s assistance be sought.

 

GM

1/5/17 - Letter sent

 

20

SF2303

1/05/17

A report be prepared to advise Councillors on operational land held by Council as well as Council’s community land; and that such report includes Council’s industrial land for sale but excludes pump stations, sewage treatment plants and drainage reserves.

 

GM

1/5/17 – report to meeting in June 2017

 

MAY 2017

 

21

DA2017/028

11/05/17

That it be determined how many blocks are in the Shire that could be affected by the proposed “grandfathering” of S64 contributions and further staff consider what mechanisms can be put in place to notify potential purchasers of the contribution liability.

 

GM

15/05/17 - Report in June 2017

 

22

SF1541

25/05/17

That the review of the local environmental plan include consideration and a subsequent report on the creation of more residential land near Macksville and more industrial land (including land for bulky goods) near Macksville.

 

GM

31/05/17 – Report in October 2017

 

23

SF818

25/05/17

That Council write to DPI Water requesting a meeting to pursue the licence amendment (for the Bowra Dam).

 

AGMES

31/05/17 – Awaiting response to request

 

Attachments:

There are no attachments for this report.

 


Ordinary Council Meeting                                                                                                    15 June 2017

General Manager

ITEM 9.2      DA2017/028      150617         Developer Servicing Charges for Existing Residential Lots Which Have Been Levied a Single Water & Sewerage Access Charge as Part of an Existing Holding

 

AUTHOR/ENQUIRIES:    Michael Coulter, General Manager         

 

Summary:

 

A summary is not required.

 

NOTE: This matter requires a “Planning Decision” meaning a decision made in the exercise of a function of the council under the Environmental Planning and Assessment Act 1979 including a decision relating to a development application, an environmental planning instrument, a development control plan or a development contribution plan.  Under Section 375A of the Local Government Act 1993 it requires the General Manager to record the names of each Councillor supporting and opposing the decision.

 

 

Recommendation:

 

Council adopt a policy of applying the “grandfathered” developer contributions for water and sewerage being the rates for pre 16/02/2012 consents to all new dwellings on existing holdings within urban areas for a period of 5 years.

 

 

OPTIONS:

 

Council has the option of not levying any developer charges on these existing lots.

 

The Council also has the option of levying the current (not grandfathered) developer contributions.

 

The recommendation of levying the “grandfathered” developer contributions for a 5 year term provides a compromise outcome.

 

The merits of the different options are discussed in the report.

 

DISCUSSION:

 

There was a report to Council's meeting on 11 May 2017 concerning the levying of developer charges for water and sewerage on existing lots.

 

It will be recalled that there are a number of locations where individual lots in a single ownership (holding) have been consolidated for the purposes of water and sewerage charges. Whilst these lots existed at the time that water and sewerage services were provided to the town they were not accounted for as separate lots and accordingly have only ever been charged a single water and sewer access charge rather than multiple charges.

 

In response to the report, the Council resolved as follows:

 

MOTION:               (Finlayson/Ainsworth)

 

1        Council adopt a policy of applying the “grandfathered” developer contributions for water and sewerage being the rates for pre 16/02/2012 consents to all new dwellings on existing holdings within urban areas.

 

2        That Iesha Bellingen Pty Ltd be invited to submit an application to modify their consent to reduce their required Section 64 developer contributions from a total of $19,958 to a total of $9,951.

 


 

Amendment:       (Ainsworth/Finlayson)

 

1        That point 1 be deferred until it is determined how many blocks are in the Shire that could be affected by the proposed “grandfathering” of Section 64 Contributions and further that staff consider what mechanisms can be put in place to notify potential purchases of the contribution liability.

 

2        That Iesha Bellingen Pty Ltd be invited to submit an application to modify their consent to reduce their required Section 64 developer contributions from a total of $19,958 to a total of $9,951 and that the application not be determined until the Council has resolved its policy.

 

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

 

1/17 Resolved:   (Ainsworth/Finlayson)

 

1        That point 1 be deferred until it is determined how many blocks are in the Shire that could be affected by the proposed “grandfathering” of Section 64 Contributions and further that staff consider what mechanisms can be put in place to notify potential purchases of the contribution liability.

 

2        That Iesha Bellingen Pty Ltd be invited to submit an application to modify their consent to reduce their required Section 64 developer contributions from a total of $19,958 to a total of $9,951 and that the application not be determined until the Council has resolved its policy.

 

The example concerning DA2017/028 is no’s 12, 14, 16, 18, 20, 22 and 24 Young Street, Bowraville which are shown on the attached plan.

 

In February 2006, Council staff issued a development consent for a dwelling on 12 Young Street and in the consent for that dwelling noted:

 

“NOTE:  Section 94 contributions will not apply to the first lot connected to sewer and water but will be applicable for second and subsequent connections in accordance with Council’s Section 94 Contribution plan at the time.”

 

On 9 March 2017, Council staff issued development consent to Iesha Bellingen Pty Ltd for a dwelling at 14 Young Street, Bowraville.  Plans showing the approved dwelling are attached.  Consistent with the approach to levying contributions on individual lots in these existing holdings the consent conditions included a requirement to pay developer contributions for water being $12,782 for one equivalent tenement (ET) and for sewer being $7,176 for one ET, a total of $19,958. 

 

Iesha Bellingen Pty Ltd has now written to Council objecting to the contribution requirement.  A copy of their letter is attached.

 

One issue with this historical arrangement is that if potential purchasers of lots in these existing holdings do not make particular enquiries before purchase then they will not be aware of the significant financial impost being placed as a condition on development consent for a dwelling.  In the case of Bowraville this equates to a developer contribution totalling $19,958 in 2016/17 dollars.  A further consideration is that Council should be encouraging new residential development in Bowraville to support the town’s economic and social sustainability.

 

The issue for Council in waiving the contribution requirement is that the number of potential lots involved will mean a very large loss of funds to Council’s reserves for water and sewerage headworks.

 

Council staff have now determined how many blocks in the Shire that could be affected by the proposed “grandfathering” of Section 64 Contributions for lots in these existing holdings.  A spread sheet has been prepared by Council’s Manager Information Technology which is limited to assessment numbers located within the rating class RT with 2 or more lots which attract a water charge.

 

It turns out there are more lots involved in existing holdings than first imagined. Given the volume, a full audit to check each assessment number has not been undertaken as this would take a considerable amount of time. However, some random checks (especially those with a large amount of lots) shows that once you subtract those noted with exhausted credits/low potential and the existing lot on each assessment number with a credit already used; there are approximately 248 existing lots which s64 contributions will be payable as part of development on the land.

 

The development of these 248 existing lots will in many cases require boundary adjustments to avoid existing buildings or the demolition of sheds and other encroachments.  In all likelihood it may take many decades for the development potential of these 248 lots to be realised.  For a variety of reasons, some of the development potential may never be realised.

 

In terms of equity the Council has previously resolved to “grandfather” developer contributions for water and sewerage for subdivisions approved before 16/02/2012 (when the new higher developer contributions were introduced).  The grandfathered rates are approximately 50% of current rates and for water are $5,163 and for sewer in Bowraville are $4,788, being a total of $9,951 which is about half the amount charged to Iesha Bellingen Pty Ltd.

 

A further consideration elsewhere reported in the business paper is that Council’s developer charges for water and sewerage are amongst the highest in the State.  In 2015/2016 the Council’s typical developer charges for water were the third most expensive in the State (out of 89 utilities) and for sewerage they were the seventh most expensive in the State.

 

It is anticipated that council’s developer charges will normalise over time, but currently the feedback received by Council staff is that they are a tangible disincentive to new development.

 

To take account of the potentially large loss of funds to Council’s water and sewerage reserves from lots in existing holdings; the current disincentive arising from expensive developer charges; and the equity consideration with “grandfathered” developer contributions for subdivisions approved prior to 16/02/2012, it is proposed that as policy, Council staff apply the “grandfathered” rates to all new dwellings on existing holdings within urban areas for a fixed period of 5 years.

 

A period of 5 years has been selected as it is hoped that Council’s developer contributions could be “normalised” over such a period.  Ultimately it would be beneficial to avoid any “grandfather” arrangements and the Council apply uniform rates (depending on location).

 

In relation to what mechanisms can be put in place to notify potential purchasers of the contribution liability, the Council has very limited options. Information provided in planning certificates under Section 149(2) of the Environmental Planning and Assessment Act 1979 is restricted to information specified in the regulations.  The Council cannot incorporate discretionary information.  The Council can incorporate discretionary information in Section 149(5) certificates but these are not always obtained in conveyancing matters.  There is also the possibility that even if Council supplies the information on a Section 149(5) that its significance may not be identified by the conveyancer with the purchaser being none the wiser.

 

If Council decides to incorporate such discretionary information on Section 149(5) certificates it also takes on an obligation that the information supplied is correct.  If Council was to mistakenly omit information it would be potentially liable in negligence.  Similarly if it incorporated information that subsequently resulted in a purchase not proceeding then it would be potentially liable if it was determined that the information was incorrect.

 

In summary a mechanism by which a potential purchaser can be notified of the contribution liability prior to the purchase of the property cannot be identified.

 


 

CONSULTATION:

 

There has been consultation with Council’s Manager Development and Environment and also with the Manager Water and Sewerage.

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are no implications for the environment.

 

Social

 

The social implications relate to the impact of the contributions in discouraging new development.

 

Economic

 

The economic implications relate to the impact of the contributions in discouraging new development.

 

Risk

 

The risks are discussed in the report.  They principally relate to balancing the required income for Council’s reserves for water and sewerage headworks with discouraging new development.  For example if developer contributions are so high that it is uneconomic to construct dwellings on this vacant land then Council won’t receive any additional contributions for water and sewerage headworks.

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

The budgetary implications largely relate to the impact of this policy decision on Council’s Integrated Water Cycle Management Strategy.  The IWCM requires financing over its full 30 year life to provide the identified water and sewerage headworks.  Council should no longer have the expectation that any shortfall in reserves for water and sewerage headworks will be met by the State Government via a grant from the Country Towns Water and Sewerage Program.

 

Source of fund and any variance to working funds

 

There is no impact on working funds.

 

Service level changes and resourcing/staff implications

 

There is no service level or resourcing/staff implications.

 

Attachments:

1

15645/2017 - Existing Holding, Young Street, Bowraville

 

2

8416/2017 - DA2017/028 - Approved site plan

 

3

8481/2017 - DA2017/028 - Approved floor plan

 

4

8482/2017 - DA2017/028 - Approved northern elevation

 

5

15797/2017 - Iesha homes objection to contributions

 

  


Ordinary Council Meeting - 15 June 2017

Developer Servicing Charges for Existing Residential Lots Which Have Been Levied a Single Water & Sewerage Access Charge as Part of an Existing Holding

 


Ordinary Council Meeting - 15 June 2017

Developer Servicing Charges for Existing Residential Lots Which Have Been Levied a Single Water & Sewerage Access Charge as Part of an Existing Holding

 


Ordinary Council Meeting - 15 June 2017

Developer Servicing Charges for Existing Residential Lots Which Have Been Levied a Single Water & Sewerage Access Charge as Part of an Existing Holding

 


Ordinary Council Meeting - 15 June 2017

Developer Servicing Charges for Existing Residential Lots Which Have Been Levied a Single Water & Sewerage Access Charge as Part of an Existing Holding

 


Ordinary Council Meeting - 15 June 2017

Developer Servicing Charges for Existing Residential Lots Which Have Been Levied a Single Water & Sewerage Access Charge as Part of an Existing Holding

 


 


Ordinary Council Meeting                                                                                                    15 June 2017

General Manager's Report

ITEM 9.3      SF203              150617         2015-16 NSW Water Supply and Sewerage Performance Monitoring Report

 

AUTHOR/ENQUIRIES:    Michael Coulter, General Manager         

 

Summary:

 

The 2015-16 NSW Water Supply and Sewerage Performance Monitoring Report has been released by the Minister for Primary Industries, Minister for Regional Water and Minister for Trade and Industry, the Hon. Niall Blair MLC.

 

The Report has important comparative data on the performance of the now 92 local water utilities (with amalgamations down from 105) in regional NSW.

 

 

Recommendation:

 

1        That Council note the release of the 2015-2016 NSW Water Supply and Sewerage Performance Monitoring Report.

 

2        That consideration be given to the levels of developer charges for water and sewerage as part of the current review of Council’s Integrated Water Cycle Management Strategy.

 

 

OPTIONS:

 

No options provided as this report is for Council’s information only.

 

 

DISCUSSION:

 

This report is the definitive guide to the relative performance of local water utilities across a range of criteria including the typical residential bill, developer charges, water quality, operating costs and best practice management.

 

The Report can be found on the Department of Primary Industries Water website via the link below:

 

www.water.nsw.gov.au

 

It is not proposed to summarise the outcome for this Council for all of the criteria but to direct Council’s attention to some of the more topical.

 

With the typical residential bill ($ per assessment) for water and sewerage, out of 80 utilities providing both services Nambucca Shire Council is ranked no. 10 from least to most expensive.  This compares with a ranking of 19 in 2011-12 and 17 in 2012/13.  This is a favourable trend for residential ratepayers.

 

With the typical residential bill ($ per assessment) for water supply only, out of 83 water utilities Nambucca Shire Council is ranked no. 11 from least to most expensive.  Given the recent investment in Council’s off stream water storage this is a very good result.

 

This Council’s typical residential bill for sewerage is ranked at no. 42 out of 89 utilities from least to most expensive.  Therefore the Council sits at just about the median.

 

The Council’s residential revenue from usage charges for water supply is relatively high as a proportion of total revenue with the Council having a ranking of 12 out of 83 utilities.  In terms of Council’s operations having this ranking means the Council is providing a relatively strong pricing signal to residential customers through their water usage charges to encourage efficient water use.

 

Similarly Council’s residential water usage charge is higher than average with a ranking of 15 out of 83 utilities from the highest to lowest usage charges.  Again this is an indicator of providing a strong pricing signal to residential customers through their water usage charges to encourage efficient water use.

 

Also Council’s non-residential sewer usage charge is relatively high with a ranking of 4 out of 89 utilities.  This indicator is also concerned with providing strong pricing signals to no-residential customers.  Of course balanced against this consideration is the fact that sewer usage charges are a cost to business and to that extent can be an impediment to economic development.

 

The Council’s typical developer charges for water supply rank us as one of the most expensive Councils in the State.  Our charges are the third highest in the State compared to being the fourth highest two years ago.  Beside the indication in the benchmarking data, Council staff are aware from enquiries that the quantum of the charge is at a level where it is discouraging economic development and consideration should be given to this charge in the current review of the IWCM but also in the financing of the IWCM via the associated business plans.

 

Shifting revenue from developer charges for new development to existing ratepayers is a question for the Council.  It does require consideration of the extent to which existing ratepayers should be “subsidising” new development and there is likely to be a range of views in relation to this.  However for a Council which has a very high (SEIFA) ranking of disadvantage (9th in the State), it is of fundamental concern that its developer charges for water are the 3rd highest in the State.

 

The benchmarking data similarly indicates that Council’s typical developer charges for sewerage are also quite high, being the 7th most expensive in the State.  This compares with the Council being the 8th most expensive two years ago.  As per the developer charges for water it would be worthwhile to have a discussion about this charge in the current review of the IWCM and also in the financing of the IWCM via the associated business plans.

 

This Council’s ranking in developer charges obviously reflects the substantial capital investments which have been made in both water supply and sewerage.  This includes the $54m off stream water storage and the $20m upgrade of the Nambucca Heads Sewerage Treatment Plant and system.

 

The benchmarking of total complaints for water supply and sewerage indicates the Council is well placed at better than the 40th percentile in dealing with fewer complaints per 1,000 properties than average.  Higher levels of complaint can be an indicator of system problems as well as increasing operation and maintenance costs per property.

 

The final table in the attachments concerns the Council’s non-revenue water.  Non-revenue water is potable water which the Council produces but receives no revenue for and was recently discussed at the IWCM workshop.  It is an indicator of the age and condition of a council’s mains infrastructure, system pressure and natural events.  This Council performs relatively well in having less non-revenue water than average.  The Council has a ranking of 17 from 83 water utilities and at around 70L per connection per day has less non-revenue water than the State average of 92L per connection per day.

 

 

CONSULTATION:

 

There has been consultation with Council’s Manager Water and Sewerage.

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

The report provides data on a number of indicators relating to Council’s water and sewerage operations.

 


Social

 

The report includes data on complaints.

 

Economic

 

The report indicates the relative economic impact of Council’s charges, both user and developer.

 

Risk

 

The report provides data that identifies potential environmental, social and economic risks.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

There is no impact.  The report is for information.

 

Source of fund and any variance to working funds

 

There is no impact.  The report is for information.

 

Service level changes and resourcing/staff implications

 

There are no resourcing/staff implications.

 

Attachments:

1

18521/2017 - Performance Monitoring Report page 31

 

2

18836/2017 - Performance Monitoring Report page 32

 

3

18838/2017 - Performance Monitoring Report page 33

 

4

18839/2017 - Performance Monitoring Report page 34

 

5

18840/2017 - Performance Monitoring Report page 35

 

6

18842/2017 - Performance Monitoring Report page 36

 

7

18843/2017 - Performance Monitoring Report page 37

 

8

18844/2017 - Performance Monitoring Report page 38

 

9

18845/2017 - Performance Monitoring Report page 42

 

10

18846/2017 - Performance Monitoring Report page 48

 

  


Ordinary Council Meeting - 15 June 2017

2015-16 NSW Water Supply and Sewerage Performance Monitoring Report

 


Ordinary Council Meeting - 15 June 2017

2015-16 NSW Water Supply and Sewerage Performance Monitoring Report

 


Ordinary Council Meeting - 15 June 2017

2015-16 NSW Water Supply and Sewerage Performance Monitoring Report

 


Ordinary Council Meeting - 15 June 2017

2015-16 NSW Water Supply and Sewerage Performance Monitoring Report

 


Ordinary Council Meeting - 15 June 2017

2015-16 NSW Water Supply and Sewerage Performance Monitoring Report

 


Ordinary Council Meeting - 15 June 2017

2015-16 NSW Water Supply and Sewerage Performance Monitoring Report

 


Ordinary Council Meeting - 15 June 2017

2015-16 NSW Water Supply and Sewerage Performance Monitoring Report

 


Ordinary Council Meeting - 15 June 2017

2015-16 NSW Water Supply and Sewerage Performance Monitoring Report

 


Ordinary Council Meeting - 15 June 2017

2015-16 NSW Water Supply and Sewerage Performance Monitoring Report

 


Ordinary Council Meeting - 15 June 2017

2015-16 NSW Water Supply and Sewerage Performance Monitoring Report

 


Ordinary Council Meeting                                                                                                    15 June 2017

General Manager's Report

ITEM 9.4      SF1437            150617         Nambucca Heads Island Golf Club Lease and Request for Sponsorship

 

AUTHOR/ENQUIRIES:    Michael Coulter, General Manager; Wayne Lowe, Manager Business Development         

 

Summary:

 

The Golf Club’s lease of the Crown Land on Stuart Island was for a 20 year term commencing on 1 July 1997 and hence will be expiring on 30 June 2017.

 

The Club is seeking a lease for a period of 5 years with an option for a further 5 years.

 

Golf NSW is seeking a sponsorship fee from Council of $15,000 (ex GST) to bring five NSW golfing tournaments to the Club in 2018.  The purpose of conducting the tournaments at the Club is to lift the Club’s profile and to provide revenue.

 

 

Recommendation:

 

1        Council advise the solicitors of the Native Title claimants NTS Corp as well as the Nambucca Heads Local Aboriginal Land Council of its intention to support the Nambucca Heads Island Golf Club Ltd being provided with a 10 year lease to occupy Reserve No. 77566 Stuart Island (either 10 years or a period of 5 years with an option for a further 5 years).

 

2        If the Native Title claimants and the Nambucca Heads Local Aboriginal Land Council are in agreeance with the proposed 10 year lease, that a submission be made to the Department of Industry – Lands recommending the endorsement of a lease of Reserve No. 77566 to the Nambucca Heads Island Golf Club Ltd for a term of 10 years.

 

3        If either the Native Title claimants and/or the Nambucca Heads Local Aboriginal Land Council are not in agreeance with the proposed 10 year lease, that the matter be further reported to Council.

 

4        Council endorse any lease agreement with its seal should this be required.

 

5        Council advise the Nambucca Heads Island Golf Club Ltd that it is prepared to provide sponsorship of $10,000 (ex GST) to attract the 5 nominated NSW golf championships and is seeking the Club’s assistance in identifying other sponsors to make up the balance of the sponsorship fee sought by Golf NSW.

 

 

OPTIONS:

 

·    The Council can resolve to support a lease of a different period.  The advice of Golf NSW is that in other similar situations the Crown have been reluctant to provide a 20 year least and that a 10 year lease is more realistic.  The Council is able to issue a 12 month licence to occupy without the approval of the Crown.

 

·    The Council can support or not support the $15,000 sponsorship request from Golf NSW or propose a different quantum of financial support to that recommended.

 

DISCUSSION:

 

The Nambucca Heads Island Golf Club Ltd are the owners of the land that the Golf Club building is established on and hold a lease from Council as trustee of the Crown land on Stuart Island for the golf course and pro shop.

 

The Golf Club’s lease of the Crown Land was for a 20 year term commencing on 1 July 1997 and hence will be expiring on 30 June 2017.

 

In September 2016 Council’s Manager Business Development contacted the Club in preparation for preparing a new lease agreement for another 20 year term.  As requested by Council and Crown Lands staff, the Golf Club provided a 10 year business plan identifying their pathway to future financial sustainability. The Golf Club board requested a minimum 10 year lease to support existing and future financial borrowings.

 

Crown lands staff have subsequently advised that the Native Title Claim for Stuart Island is progressing and they were seeking advice from Crown solicitor as to whether or not a lease could be approved for a 5 year term, not the 20 year term requested by the Nambucca Heads Island Golf Club in their response to Council.

 

Ultimately the Council as Trust Manager is required to obtain Crown Lands approval prior to entering into any lease of the land for a period of more than 12 months.

 

Council’s General Manager and Manager Business Development met with the board of the Nambucca Heads Island Golf Club and executives from Golf NSW 26 May 2017 to discuss the new lease term and the financial sustainability of the Club.  The Golf Club board and Golf NSW presented concepts proposed to drive future income generation of through government grants and attracting major golf tournaments to the club in 2018.

 

The Club is now seeking a lease for a period of 5 years with an option for a further 5 years as they require 10 years to service present and proposed future borrowings.

 

The General Manager of Golf NSW and the Government and Relations and Communications Manager have had an agronomist inspect the course and believe with government assistance there is the opportunity to significantly reduce the Club’s watering costs by the use of reclaimed effluent from Council’s Nambucca Heads Sewerage Treatment Plant.  Golf NSW have indicated that they will assist the Club and Council in securing a grant for this reclaimed effluent line.

 

The use of reclaimed effluent from Council’s sewerage treatment plant would be in the interests of the environment and the Club.  However the capital cost of piping the reclaimed effluent and storing it is a significant financial issue.

 

Golf NSW has also presented Council with a sponsorship proposal to bring the following NSW Golf tournaments (and revenue) to the Nambucca Heads Island Golf Course throughout 2018.

 

1        NSW Men’s Senior Foursomes Championship

2        NSW Men's Senior Amateur Championship

3        Regional Qualifier Status for the NSW Men's Open

4        Regional Qualifier Status for the Men's Senior Open

5        Women's Senior Amateur Championship. The Women's Senior Amateur will be played the week prior to the Men's and see approximately 100 women golfers make Nambucca Heads their home for the 54 hole Championship.

 

Golf NSW have identified that there are approximately 600 bed nights associated with the men’s tournaments alone.

 

Golf NSW is seeking a sponsorship fee from Council of $15,000 (ex GST).

 

In response to the requested sponsorship, notwithstanding the high profile events, in terms of the support which Council provides to other Clubs and sporting organisations, it is a lot of money.

 

The arguments in support of the requested sponsorship are:

 

a)       The significant benefit to the local tourism industry arising from the bed nights associated with these high profile tournaments.

b)       The much needed revenue and profile which the tournaments will provide for the Club.

c)       The need to build a partnership with the Club and Golf NSW to attract grant funding for the proposed recycled effluent strategy.

d)       The need to support a popular and valuable tourism asset which is struggling financially.

 

The arguments against supporting the requested sponsorship are:

 

i         The Nambucca Valley has a number of Clubs which are struggling financially and it is inequitable to support one club with financial assistance and not others

ii        There is a risk that the Council will be funding a Club which is not financially sustainable or indeed if the lease is not renewed, has no long term tenure of the golf course.

iii       The quantum of the sponsorship request exceeds that which Council generally considers

iv       Some of the foreshadowed bed nights might not occur in the Nambucca Valley or might be less than anticipated.

 

Weighing these competing considerations up, it is recommended that Council provide sponsorship for part of the requested amount, being $10,000.  It is reasonable that other entities contribute to the sponsorship and given the status of the events it would be surprising if the required sponsorship cannot be readily found.  In relation to such sponsorship it is important that other stakeholders have some “buy in” to demonstrate the value of the events to the community, rather than the Council being the sole sponsor.

 

CONSULTATION:

 

·           Board of Directors Nambucca Heads Island Golf Course

·           Golf NSW

·           Department of Industry- Lands

 

An officer from the Department of Industry – Lands has replied to an enquiry the Council staff made in relation to a new lease as follows.

 

“I refer to the correspondence and discussions between Nambucca Shire Council and Department of Industry, Lands relating to the proposed renewal Trust Lease to Nambucca Heads Island Golf Club Ltd for a term of five years over part Reserve 77566 at Stuart Island, Nambucca Heads.

 

The department has finalised the review of the proposal and hereby provides in principle support for Council, in its capacity as Corporate manager of Nambucca Heads Stuarts Island Reserve Trust, to negotiate a renewal Lease with the Club for a term of up to five years.

 

As Stuarts Island is a culturally significant site and in the interest of fostering a good working relationship with the interested parties, the department strongly recommends that the Trust notify the Wanggaan (Southern) Gumbaynggirr Nation Aboriginal Corporation, NTSCorp Limited and Nambucca Local Aboriginal Land Council of the proposed renewal Lease and if requested, consult with these parties during the renewal Lease negotiations.

 

To assist the Trust with the preparation of the draft Trust Lease please find attached a copy of the latest template for Trust information and records.

 

As you are aware, further information in relation to the preparation of Trust tenures and the department’s requirements can be found in Chapter 14 of the Trust Handbook at the following link www.crownland.nsw.gov.au/trusts/trust_handbook .

 

The department looks forward to receiving regular updates on the progression of negotiations for the draft Lease.”

 

This advice suggests that the Department will not accept a 10 year lease, notwithstanding that it is half the term of the existing lease and the viability of the Club is dependent upon a 10 year term to support existing and proposed borrowings.  It is also noteworthy that the Department has come to this conclusion without discussing the matter with the Native Title claimants and the Nambucca Local Aboriginal Land Council.

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

The securing of a long term lease for the Nambucca Island Golf Club has no environmental impacts.

 

Social

 

The report has social impacts on the broader community as the Nambucca Island Golf Club is a recreational facility and the only Golf course located in Nambucca Heads.

 

The report also has social impacts for the Aboriginal community who may or may not gain Native Title control over the Golf Course.

 

Economic

 

The future of the golf course has economic implications for Nambucca Heads.  As well as being a recreational opportunity for residents it is also a tourist attraction.  Given its location it arguably has significant potential which is yet to be realised.  There has been some discussion over the years about the potential for tourist accommodation to support the Club as well as the town’s tourism related businesses.

 

Risk

 

The risks are outlined in the report.

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

The recommendation will involve incorporating a sponsorship expenditure of $10,000 in Council’s 2017/2018 Operational Plan.

 

Source of fund and any variance to working funds

 

Unless there are savings identified in the final operational plan for 2017/2018, the proposed $10,000 sponsorship will be additional to the budget deficit proposed for 2017/2018.

 

Service level changes and resourcing/staff implications

 

The request from the Department of Industry – Lands that Council as trustee undertake consultation with various Aboriginal stakeholders may require resourcing in terms of meeting attendance and the preparation of any reports which might arise out of those meetings.

 

Attachments:

There are no attachments for this report.


Ordinary Council Meeting                                                                                                    15 June 2017

General Manager's Report

ITEM 9.5      SF2355            150617         Proposed Sale of Former Night Soil Depot at Gumma

 

AUTHOR/ENQUIRIES:    Michael Coulter, General Manager         

 

Summary:

 

Council is the owner of Lot 1 DP 510707, which is 5.029 hectares of land, towards the end of Gumma Road, Gumma.

 

The land has in the past been used for the disposal of night soil waste in a series of trenches.

 

The advice that Council has received is that the land has no heavy metal contamination and is fit to be used for rural activities including the erection of a house.  Accordingly, as Council has no further use for the land it is proposed that it be sold.

 

 

Recommendation:

 

1        Council proceed to list for sale by private treaty Lot 1 DP 510707, Gumma Road, Gumma, for a price of $249,000.

 

2        Council disclose to any potential purchases all information in relation to the former use of the land.

 

3        Provided they are in agreeance, that the Mayor, General Manager and Manager Business Development be provided with delegated authority to accept an offer and to enter into a contract for the sale of the land.

 

4        That Council’s seal be attached to any contract documents as may be required.

 

 

OPTIONS:

 

The Council has the option of retaining or selling the land, or selling it at a later date.

 

DISCUSSION:

 

Council is the owner of Lot 1 DP 510707, which is 5.029 hectares of land, towards the end of Gumma Road, Gumma.  A locality map showing the land is attached.  The land is undulating and cleared with a good range of building sites.  It has access off Gumma Road via a 10m wide right of carriagement.

 

The land is zoned partly Primary Production RU1 and partly Rural Landscape RU2.  The minimum area for subdivision in these zones is 40 hectares per allotment so it has no subdivision potential under the existing zoning.  The land has a dwelling entitlement.

 

In Council’s land register the land is classified as Operational Land meaning the Council can deal with the land either by sale or lease.

 

Council’s Capital Value Register records the land as belonging to the General Fund.

 

The land has in the past been used for the disposal of night soil waste in a series of trenches.  A discussion with a long serving staff member indicates the use of the site for this purpose ceased in about 1968.  There is also a small area which was used for the disposal (burying) of engine blocks.  These waste disposal activities were located below the likely house sites.

 

Council’s Manager Business Development has engaged a contaminated lands specialist to test and report on any potential contamination arising out of the night soil depot which may affect the use of the land.  The advice that Council has received is that the land has no heavy metal contamination and is fit to be used for rural activities including the erection of a house.

 

Accordingly, as Council has no further use for the land it is proposed that it be sold. The proceeds from the sale of the land would be used to offset the deficit in Council's land development reserve. Council’s operational plan for 2017/2018 makes provision for revenue from property sales of $1,215,000. To achieve this budget result the Council will need pursue these types of opportunities.

 

A market appraisal for the land has been obtained from Nambucca Valley Property which suggests a listing price of $249,000 to ensure that Council receives the best possible offers for the property.

 

In listing the property for sale it is proposed that the previous use of the site as a night soil depot be disclosed together with all reports and information which Council has in relation to soil tests and the location of the trenches as well as the buried engine blocks.

 

CONSULTATION:

 

There has been consultation with Council’s Manager Business Development.

 

There has been consultation with a contaminated site specialist who has undertaken soil sampling and testing.

 

There has been consultation in relation to the value of the land with local real estate agents, Nambucca Valley property.

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are no implications for the environment.

 

Social

 

There are no social implications.

 

Economic

 

There are no significant economic implications.  Any additional permanent residents will improve the strength of the local economy.

 

Risk

 

The potential site contamination has been the subject of investigation, soil sampling and testing. There is no evidence of any contamination which might be hazardous to human health. Notwithstanding, it is proposed that the previous uses of the site be fully disclosed to any potential purchaser. The Council would also make available all of its documentation in relation to the contamination investigations.

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

As indicated in the report, the operational plan for 2017/2018 requires revenue from property sales of $1,215,000.  The achievement of this revenue result will require a concerted effort by the General Manager and Manager Business Development.

 


 

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 only minor resourcing implications relating to the staff time in managing the real estate listing and responding to offers.

 

Attachments:

1

20408/2017 - Gumma Night Soil Depot

 

  


Ordinary Council Meeting - 15 June 2017

Proposed Sale of Former Night Soil Depot at Gumma

 


Ordinary Council Meeting                                                                                                    15 June 2017

General Manager's Report

ITEM 9.6      PRF16              150617         E J Biffin Fields - Fencing of Amenities Building

 

AUTHOR/ENQUIRIES:    Michael Coulter, General Manager         

 

Summary:

 

A summary is not required.

 

 

Recommendation:

 

That Council provide security fencing, similar to that used around school perimeters, around the amenities building at E J Biffin Fields as well as improved lighting with the funding to be sourced from the remaining unspent $48,000 arising out of the sale of the site of the Nambucca HealthOne facility.

 

 

OPTIONS:

 

The Council has the option of not endorsing the requested fencing and the improved lighting.

 

DISCUSSION:

 

The E J Biffin Fields Committee of Management has requested that Council provide security fencing around the amenities building at the fields as a means of controlling the frequent instances of vandalism and theft.  Juveniles have been observed swinging on the building’s gutters, climbing on to the roof, and spraying graffiti on walls.  The Committee of Management is also seeking the provision of additional lighting around the doors and possibly CCTV to improve the safety for users, particularly for people leaving the building at night.

 

Council staff have obtained some quotes for the provision of a security fence, similar to the style of fencing erected around schools.  The estimate of cost for perimeter fencing around the building is $25,000.

 

Council’s Technical Officer Assets has also suggested that an additional double gate for vehicle access be provided for both the north and south sides of the amenities.

 

The E J Biffin Fields Committee of Management has been advised that Council acknowledges the difficulties they have encountered in maintaining the facility and the effect on volunteer morale of the continual vandalism and theft.  The Council also has work, health and safety obligations in relation to the safety of volunteers attending meetings at the facility.

 

For those councillors who served the previous term it will be recalled that the Council sold a section of unused land at E J Biffin Fields fronting Fred Brain Avenue to the Mid North Coast Health District for the HealthOne facility.  In March 2014 the Council resolved to adopt a sale price of $90,000 for the land and that following settlement:

 

·           Council make a donation of $35,000 to the Nambucca Valley Cancer Support Group Inc. for their work in providing cancer support services in the community, and

·           The remaining $55,000 less valuation expenses be allocated to the work identified on the E J Biffin Playing Fields Master Plan.

 

Following the allocation of approximately $6,500 for kitchen upgrades in the building, there remains $48,000 in WO 2417 from which the fence can be funded.  Whilst the proposed fence was not part of the works identified in the adopted Plan of Management, it is work requested by the Committee of Management to improve the security of the amenities building which contains the canteen, meeting room and storage facilities.

 

I have queried the value of CCTV at the amenities building, because putting aside the difficulties which can occur in identifying people due to facial coverings and the like as well as the risk of damage to equipment, the Police have limitations in relation to the action they can take against juvenile offenders committing minor vandalism and theft.

 

Accordingly the Committee of Management has been advised that the recommendation which would be forthcoming would be in relation to the fencing and improving lighting, perhaps with a motion sensor, but not for the provision of CCTV.

 

CONSULTATION:

 

There has been consultation with the E J Biffin Fields Committee of Management and also with the Technical Officer – Assets.

 

The Committee of Management has recently advised that they would like the fencing and improved lighting in place by the weekend of 9 and 10 December 2017 when the Nambucca Little Athletics will be holding the zone championships at the playing fields.

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are no implications for the environment.

 

Social

 

There are social implications in relation to the motivation of volunteers maintaining Council infrastructure which is subject to repeated vandalism attacks and theft.  There may not be a volunteer Committee of Management if instances of vandalism and theft are a regular occurrence.

 

Economic

 

There are no significant economic implications.

 

Risk

 

The provision of security fencing around the amenities building should reduce the instances of vandalism and theft.  This has been the case with the security fencing provided around schools.  Improved lighting will reduce risks for volunteers in leaving the premises after dark.

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

Council has previously resolved to direct $55,000 of the proceeds of the sale of the site for the HealthOne facility to work identified on the E J Biffin Playing Fields Master Plan (Plan of Management).  There remains $48,000 in works order no. 2417.

 

Source of fund and any variance to working funds

 

There is no impact on working funds.

 

Service level changes and resourcing/staff implications

 

The proposed fencing and improved lighting will be provided by contractors.  Apart from some project administration there will be no impact on service levels or staff resources.

 

Attachments:

There are no attachments for this report.


Ordinary Council Meeting                                                                                                    15 June 2017

General Manager's Report

ITEM 9.7      SF2303            150617         Operational, Community and Public Land

 

AUTHOR/ENQUIRIES:    Michael Coulter, General Manager         

 

Summary:

 

A summary is not required.

 

 

Recommendation:

 

That the information concerning operational land held by Council as well as Council’s community land and public community land under the control of Council be received.

 

 

OPTIONS:

 

The Council’s options for the use of land recorded in its land register are significantly constrained by the provisions of the Local Government Act.  All up there are 57 separate sections of the Act dealing with the use of public land.  There are also policies applied by the Department of Primary Industry – Lands which act as a disincentive to realise unused road reservations in urban areas which could support urban consolidation.

 

DISCUSSION:

 

At Council’s meeting on 27 April 2017 it was resolved:

 

“That a report be prepared to advise Councillors on operational land held by Council as well as Council’s community land and public community land under the control of Council; and that such report includes Council’s industrial land for sale but excludes pump stations, sewage treatment plants and drainage reserves”.

 

Council maintains its land register in its Authority software and an abbreviated down loaded excel spread sheet of the register is attached, which for ease of reading has also been circularised.  The spread sheet is only a small extract from the register which provides each parcel with a unique identifier, shows the classification of the land and also provides information concerning any applicable plan of management.

 

Section 53 of the Local Government Act 1993 provides that the Council is required to keep a register of all land vested in it or under its control.  The register must include the following:

 

·           the name (if any) by which the land is known

·           the address or location of the land

·           the reference to title of the land

·           the name of the owner of the land

·           whether or not the land is Crown land

·           the classification of the land

·           whether or not there is a plan of management for the land

·           the zoning (if any) of the land under an environmental planning instrument

·           particulars or any agreement (including any lease or licence) entered into by the Council with respect to the land

 

The register links to Council’s geographic information system ESRI, such that any updates of the Authority register automatically appear in ESRI’s spatial layer.  By way of example, an extract of the spatial layer in ESRI is attached.  It will be noted that the different colours correspond to a colour key in the GIS with operational land being the red shading, and community land being different shades of green, depending upon its classification as sportsground, park, foreshore etc.

 

It will be noted that the register has 499 separate entries.

 

In terms of valuation requirements, the entries in the land register are separately recorded in Council’s capital value register.  This register is also in the Authority software.  Prior to a required valuation of Council owned land there is a reconciliation of each register to ensure that each register has the same list of Council owned land.  One notable difference between the registers is that the land register does not record the fund (General, Water or Sewerage) which owns the land, whereas the Capital Value Register does.

 

The Council will be aware that all public land must be classified as either “community” of “operational” land.  Community land is required to be used and managed in accordance with a plan of management applying to the land.  There is no requirement for a plan of management for operational land.

 

A plan of management for community land must categorise the land into one or more of a host of categories being a natural area, sportsground, park, area of cultural significance and general community use.  There are further sub-categories for land categorised as a natural area being bushland, wetland, escarpment, watercourse, and foreshore.

 

There is a statutory process for the creation and amendment of a plan of management which includes a public exhibition period of a minimum 42 days.

 

The Council will be aware that dealing with land (sale or lease) is mainly restricted to land in the “operational” classification.  It is possible to lease land with a “community” classification but the requirements are onerous wherein the lease or licence must be expressly authorised by the plan of management and Ministerial approval is required for any term of more than 5 years and potentially for even short term leases.

 

There is a process wherein Council can seek to change the classification of community land to operational land.  The process is the same as that used to create or amend a local environmental plan and requires the Council to conduct a public hearing chaired by an independent person (not from Council).  The Council has undertaken this process on a number of occasions.  It is very labour intensive and lengthy and experience indicates that it is very difficult to succeed with reclassifications where there is resident opposition, for whatever reason.

 

The process by which Council can reclassify operational land as community land is through a simple resolution with no advertising requirement.

 

For land acquired after 1 July 1993 the Council can resolve, either before it acquires the land or within 3 months after it acquires the land, that the land be classified as community or operational land.  If there is no resolution then after the 3 month period the land defaults to a community land classification.  Council staff have to be cognisant of this provision as otherwise land intended for an operational classification will default to a community land classification with all of the attendant work required to then change the classification via an LEP process and public hearing.

 

It should be noted that the land register does not include the land contained in road reservations.

 

Council staff are aware of a number of examples of undeveloped road reservations in urban areas which have unrealised development potential because of a policy of the Department of Primary Industry – Lands that the ownership of unused/undeveloped local road reservations vests in the Crown and not Council.  This would mean that the Council would not be recompensed for expenses in survey, legal fees, the provision of services and marketing in getting the unused land to the market.  As a consequence these identified opportunities have not been pursued even though government would collectively stand to realise many hundreds of thousands of dollars if they were.

 

The recently announced reforms to Crown Lands involving the transfer of Crown Land which is used for local purposes from the Crown to Council may resolve this issue (and others) but there has been little information concerning how quickly the reforms will be rolled out across all of the NSW local government areas.  With the available staffing in the Department of Primary Industry – Lands any process which involves a parcel by parcel assessment of the Crown estate across each local government area in NSW is likely to take too long to implement.

 

CONSULTATION:

 

There has been consultation with Council’s Engineering Support Officer who maintains the land register.

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are no implications for the environment.

 

Social

 

There are no social implications.

 

Economic

 

There are certainly economic opportunities pertaining to unused road reservations in urban areas.  There are potentially other economic opportunities.

 

Risk

 

An issue for Council in the past has been accepting unsatisfactory land as open space from developers in lieu of cash contributions or more satisfactory, usable land.  There are a number of examples of Council accepting land as open space which lacked drainage, or physical access or in the case of Farringdon Fields had cultural constraints to its use by Aboriginal children and women.  Not only are these areas of open space of no or little recreational value they also become a long term maintenance liability for Council.

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

The report has no budgetary implications.

 

Source of fund and any variance to working funds

 

The report has no impact on working funds.

 

Service level changes and resourcing/staff implications

 

There is no service level or resourcing implications.

 

Attachments:

1

20745/2017 - Land Register Extract

 

2

20743/2017 - Council Land Register ESRI extract

 

  


Ordinary Council Meeting - 15 June 2017

Operational, Community and Public Land

 


 


 


 


 


 


 


 


Ordinary Council Meeting - 15 June 2017

Operational, Community and Public Land

 


Ordinary Council Meeting                                                                                                    15 June 2017

General Manager's Report

ITEM 9.8      DA2017/100      150617         Water, Sewerage and Domestic Waste Charges for Secondary Dwellings up to 60m2 in Gross Floor Area

 

AUTHOR/ENQUIRIES:    Michael Coulter, General Manager         

 

Summary:

 

A summary is not required.

 

 

Recommendation:

 

That Council change its policy of mandating a second domestic waste service (ie the 3 bin system) for owners of secondary dwellings with a gross floor area of up to 60m2, to a policy which provides the owners of such dwellings with the option of having a second domestic waste service.

 

 

OPTIONS:

 

The Council has the option of retaining the existing policy or having a different policy to that recommended.

 

DISCUSSION:

 

Council has received representations in relation to the levying of water and sewerage access charges as well as domestic waste charges on secondary dwellings.  Secondary dwellings are defined in Council’s Local Environmental Plan (LEP) as a self-contained dwelling that:

 

a)       is established in conjunction with another dwelling (the principal dwelling), and

 

b)       is on the same lot of land as the principal dwelling, and

 

c)       is located within, or is attached to, or is separate from, the principal dwelling

 

Section 5.4(9) of Council’s LEP sets out floor space controls for secondary dwellings as follows:

 

(9)      Secondary dwellings

If development for the purposes of a secondary dwelling is permitted under this Plan, the total floor area of the dwelling (excluding any area used for parking) must not exceed whichever of the following is the greater:

 

(a)  60 square metres

(b)  50% of the total floor area of the principal dwelling

 

In response to initiatives from other councils to support affordable housing and representations from Regional Development Australia Mid North Coast, in August 2015 the Council resolved not to require developer contributions for water and sewerage for secondary dwellings with a floor area up to and including 60m2, for a trial period of two years.

 

Council has now received representations in relation to the application of annual water and sewer access charges to these very small dwellings as well as the annual domestic waste charge.  Council currently levies the following annual charges for properties containing multiple dwellings, including secondary dwellings with a floor area of less than 60m2.

 

Water Access Charge      $138

Sewer Access Charge      $598

Domestic Waste Charge  $527

 

The representations which Council has received in relation to DA2017/100 is that it is a small flat of less than 60m2 contained within an existing dwelling and used for short-term holiday accommodation (airbnb,stayz and the like).  The owners note that the flat is rented for a maximum of 100 days per annum. They have never had any issue with accommodating the domestic waste from guests in their own bins.

 

The Council has not waived water and sewerage access charges for any type of dwelling.

 

However in response to representations from the owners of land containing multiple dwellings, the Council did change its policy on the provision of domestic waste services for parcels containing six or more dwellings, such that the owner was provided with the option of having a domestic waste service for each dwelling or a lesser number of services.

 

As secondary dwellings with a gross floor area of 60m2 or less are essentially only bed sits and not dissimilar from the examples of multiple dwellings on parcels where Council has already provided owners with the option of having a lesser number of waste services, it is recommended that the same provision be applied to these very small dwellings

 

CONSULTATION:

 

There has been consultation with the applicant for DA2017/100, the Mayor, the Rates Officer and the Civic Services Coordinator.

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are no implications for the environment.

 

Social

 

There are no significant social implications.

 

Economic

 

There are no economic issues.

 

Risk

 

There are no significant risks.

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

There is no significant budgetary impact.

 

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 significant service level or resourcing implications.

 

Attachments:

There are no attachments for this report.


Ordinary Council Meeting                                                                                                    15 June 2017

General Manager's Report

ITEM 9.9      SF1429            150617         Contribution for Repair of the Bowraville Town Clock

 

AUTHOR/ENQUIRIES:    Michael Coulter, General Manager         

 

Summary:

 

A summary is not required.

 

 

Recommendation:

 

That Council make provision in its draft operational plan for 2017/2018 for the expenditure of $1,500 towards the repair of the Bowraville town clock.

 

 

OPTIONS:

 

Council has a discretion as to whether or not it wishes to contribute to the repair of the Bowraville town clock.

 

DISCUSSION:

 

In 2007 the Council contributed funds for the repair of the Bowraville Town Clock.  Ten years have passed and the clock is again in need of repair.

 

Council has received correspondence from Bowraville Lions Club and also the Bowraville and District Chamber of Commerce advising that the clock faces are peeling and are very unsightly and in addition some repair work needs to be done to the clock tower itself.  The Lions Club and the Chamber of Commerce have obtained a quote of approximately $3,000 to undertake the necessary repairs.

 

The Lions Club and Chamber of Commerce are seeking a contribution of $1,500 from Council towards the work.

 

The Lions Club and the Chamber are of the view that the clock is an important feature in the town.  Given these organisations are prepared to financially contribute to the work it is recommended that Council support their initiative with an equivalent financial contribution.

 

CONSULTATION:

 

There has been consultation with a representative of the Bowraville Lions Club and the Bowraville and District Chamber of Commerce.

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are no implications for the environment.

 

Social

 

There are no significant social implications.

 

Economic

 

There are no significant economic implications.

 


 

Risk

 

There is a risk that the clock will only be accurate on two occasions per day.

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

There will need to be a budgetary provision of $1,500.

 

Source of fund and any variance to working funds

 

This will depend upon the final outcome of the 2017/2018 operational plan, but considering it contains a planned deficit, any additional expense will increase that deficit and negatively impact on working funds.

 

Service level changes and resourcing/staff implications

 

There are no service level implications.

 

Attachments:

There are no attachments for this report.


Ordinary Council Meeting                                                                                                    15 June 2017

General Manager's Report

ITEM 9.10    SF839              150617         Annual Reporting of Contracts for Senior Staff

 

AUTHOR/ENQUIRIES:    Joanne Hudson, Manager Human Resources         

 

Summary:

 

Previously, Section 339 of the Local Government Act required that “the general manager must, at least once annually, report to the council on the contractual conditions of senior staff”, which meant by 30 June each year. 

 

The section of the Act has been repealed and so it no longer appears to be a necessary reporting requirement. However, it has been determined by the General Manager to continue the practice in the interests of transparency and good governance.

 

The General Manager, Assistant General Manager Engineering Services and Assistant General Manager Corporate Services are Council’s designated senior staff positions.

 

 

Recommendation:

 

That the information concerning the provisions of the employment contracts for the General Manager, Assistant General Manager Engineering Services and Assistant General Manager Corporate Services be received.

 

 

OPTIONS:

 

There are no options.  The report is for information.

 

 

DISCUSSION:

 

Previously, Section 339 of the Local Government Act required that “the general manager must, at least once annually, report to the council on the contractual conditions of senior staff”, which meant by 30 June ach year. 

 

The section of the Act has been repealed and so it no longer appears to be a necessary reporting requirement. However, it has been determined by the General Manager to continue the practice in the interests of transparency and good governance.

 

The General Manager, Assistant General Manager Engineering Services and Assistant General Manager Corporate Services are Council’s designated senior staff positions.

 

The Division of Local Government in its Better Practice Review Program indicates that better practice is for the report to contain:

 

1    A list of senior staff

2    The specific term of each contract and when it was entered into

3    The value of the remuneration package and any variations that have been made in the past year or which are proposed for the ensuing year

4    The timing and outcome of any performance assessments that were undertaken

5    A copy of any performance agreement entered into for the current year and/or proposed for the ensuing year and

6    Details of any other “material” matters.  These could include any requirement for the General Manager or other senior staff member to advise if she/he is seeking an extension of the current contract or reappointment for a further term and similarly, any requirement for the Council to advise the General Manager/senior staff member of any intention not to renew their appointment and/or readvertise the position.

 

The following information is provided in response to these points.  Because of the length of the performance agreements they have not been included as attachments but can be made available to Councillors.

 

1    List of Senior Staff

 

Position

General Manager

Assistant General Manager

Engineering Services

Assistant General Manager

Corporate Services

Incumbent

Mr Michael Coulter

Mr Paul Gallagher

Mr Scott Norman

 

 

2    Contract Term and Date Entered Into

 

Position

General Manager

Assistant General Manager

Engineering Services

Assistant General Manager

Corporate Services

Contract term

5 years

5 years

5 years

Date entered into

1 April 2016

10 January 2016

23 September 2013

 

 

3    Value of the Total Remuneration Package (TRP) and any variations made in the past year

 

Position

General Manager

Assistant General Manager

Engineering Services

Assistant General Manager

Corporate Services

Value of TRP

$233,197.75

$192,187.50

$178,862.50

Variation

2.5% increase

3.45% increase

2.5% increase

Reason

SOORT* increase pursuant to Cl. 8.5 of the contract

New contract

SOORT* increase pursuant to Cl. 8.5 of the contract

Effective date

1 April 2017

10 January 2017

23 September 2016

 

* Statutory and Other Officers Remuneration Tribunal

 

 

4    The Timing and Outcome of any Performance Assessments

 

Position

General Manager

Assistant General Manager

Engineering Services

Assistant General Manager

Corporate Services

Timing

13 April 2017

16 January 2017

12 September 2016

Outcome

Satisfactory

Satisfactory

Satisfactory

 

 

5    Performance Agreements

 

Copies of the relevant performance agreements are attached.

 

6    Other Material Matters

 

None to report.

 

CONSULTATION:

 

There has been no consultation in preparing this report.

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

Not applicable.

 

Social

 

Not applicable.

 

Economic

 

Not applicable.

 

Risk

 

Not applicable.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

There is no budgetary impact.  The remuneration packages are listed in the report.

 

Source of fund and any variance to working funds

 

There is no impact on working funds.

 

Service level changes and resourcing/staff implications

 

 

Attachments:

There are no attachments for this report.  


Ordinary Council Meeting                                                                                                    15 June 2017

General Manager's Report

ITEM 9.11    SF578              150617         Contaminated Land Policy

 

AUTHOR/ENQUIRIES:    Daniel Walsh, Manager Development and Environment         

 

Summary:

 

This report contains information to support the adoption of the draft Contaminated Land Policy and supplementary guidelines. The policy and supplementary guidelines have been included within attachments 1 & 2.

 

NOTE: This matter requires a “Planning Decision” meaning a decision made in the exercise of a function of the council under the Environmental Planning and Assessment Act 1979 including a decision relating to a development application, an environmental planning instrument, a development control plan or a development contribution plan.  Under Section 375A of the Local Government Act 1993 it requires the General Manager to record the names of each Councillor supporting and opposing the decision.

 

Recommendation:

 

1        That Council adopt the Contaminated Land Policy and Guideline contained within attachments 1 & 2 of this report.

 

 

OPTIONS:

 

·        Adopt the policy in accordance with the recommendation.

·        Adopt the policy subject to amendments.

·           Not adopt the policy.

 

 

DISCUSSION:

 

The draft Contaminated Land Policy (the policy) and supplementary guidelines (guidelines) were developed by the MIDROC Regional Program Coordinator in consultation with MIDROC member Councils. The intent of the policy and guidelines is to provide a relevant and regionally consistent approach for managing land contamination across the Mid North Coast region, with the aim of improving regional development standards and outcomes.

 

The policy and guidelines were considered by Council at its meeting on 15 December 2016 where it was resolved to place them on exhibition and report back to Council for consideration.

 

During the exhibition of the policy and guidelines one submission was received and has been included within attachment 3. A summary of the matters raised in the submission have been provided in the table below.

 

Summary of Matter Raised

Council Staff Response

Formatting and referencing within both the policy and guideline requires rectifications.

The suggested rectifications were necessary and have been incorporated into the final policy and guideline recommended for adoption which are contained within attachments 1 & 2.

Within section 5.10 of the policy, there is too much emphasis on completing a statutory site audit as an independent review. It is understandable that Council may wish to seek an independent review if Council does not have the skills in-house to judge the adequacy of a site contamination assessment but reliance on a Site Audit conducted by an EPA accredited auditor will have significant implications for progressing development in the shire if not applied intelligently.

It is not considered that amendments should be made to this section for the following reasons:

 

a)  The NSW Environment Protection Authority (EPA) administered site auditor scheme plays an important role in safeguarding the performance of the industry. Although independent reviews by other consultants are a good first stop in some instances, the EPA site audit system is in place for a reason and must be clearly outlined in any contaminated land policy.  The MIDROC Regional Program Coordinator consulted with a site auditor regarding the content of section 5.10 and believes that it is suitable and will not restrict regional development as suggested.

b)   Suggestive language used in this section is clear and is unlikely to be misinterpreted.

c)   The MIDROC Regional Program Coordinator has received two separate legal reviews of section 5.10, with both considering it to be appropriate and in line with existing laws and standards. Furthermore, the EPA and senior planning/regulatory staff from MIDROC members are in support.

Within section 5.13 of the policy, the final two bullet points requiring past professional experience in comparable projects and two references to be included in the cover letter is onerous and duplicates the requirement for contaminated land practitioner accreditation. Suggest deleting the last two bullet points.

As the contaminated land field is broad and highly technical not every consultant is qualified to perform every type of work. To address this the policy requests a consultant to provide background information about past experience in similar roles as well as references that can prove their capabilities. These are important aspects of proving a consultant’s advice is reliable and/or they are suitable for certain tasks.

 

One of the key problems that currently exists in the MIDROC region is consultants from engineering, planning, wastewater and geology backgrounds preparing contaminated land reports that are not compliant with the regulatory framework/reporting guidelines and do not sufficiently survey sites for contamination.

 

By improperly accepting these reports council are increasing the risk of contaminated land impacts on the community and environment.  This section of the policy has been developed to assist council in ensuring that the advice they are basing planning and consent decisions on are suitable.

 

CONSULTATION:

 

MIDROC Regional Program Coordinator

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

The policy will result in a more proactive approach to land contamination assessment and remediation which will improve environmental outcomes.

 

Social

 

The policy will assist in resolving contaminated land matters during the planning proposal/development assessment process which will minimise potential social impacts.

 

Economic

 

The policy will minimise Councils liability.

 

Risk

 

The policy will minimise Councils liability.

 


 

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

18058/2017 - Attachment 1 - Contaminated Land Policy

 

2

18059/2017 - Attachment 2 - Contaminated Land Policy Guideline

 

3

18062/2017 - Attachment 3 - Submission

 

  


Ordinary Council Meeting - 15 June 2017

Contaminated Land Policy

 

MIDROC
CONTAMINATED 
LAND PROGRAM

Nambucca Shire Council Contaminated Land Policy
May 2017 


 

REGIONAL VISIONHealthy environments are an essential foundation for the development of healthy and thriving communities. The Mid North Coast Regional Organisation of Councils and its members are committed to protecting and restoring the quality of environments through informed planning decisions and the implementation of effective land management practices. In dealing with contaminated land matters a consistent regional approach will be followed when conducting Council’s functions for identifying, assessing and managing contamination for the benefit of the community and local environment.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

This Model Contaminated Land Policy has been prepared for members of the Mid North Coast Regional Organisation of Councils (MIDROC) as part of the MIDROC Contaminated Land Program. This program has been assisted by the New South Wales Government through the NSW Environmental Protection Authorities (EPA) Contaminated Land Management Program under funding provided by the NSW Environmental Trust.

 

Produced by

MIDROC - Contaminated Land Services Division

PO Box 117

BELLINGEN, NSW 2454

 

Acknowledgments

Description: NSW-Government.jpgDescription: EPA-colour-medium-primaryDescription: OEH_ETlogoBW

FOREWORD

MIDROC recognises that the appropriate assessment and management of contaminated land matters is an important function of local government. The MIDROC Contaminated Land Program has been developed to provide MIDROC members with the technical training and resources needed to appropriately respond to these issues.

This Model Contaminated Land Policy (the ‘Policy’) forms part of a suite of regional contaminated land management resources and tools. This Policy outlines the Councils commitments and practices used in dealing with land contamination matters.

This policy has been developed in consultation with relevant staff from each of the MIDROC member Councils, with oversight and support from the General Managers Advisory Committee to MIDROC.

 

 

 

 

 

 

 

 

 

 

 

 

 

COUNCIL DISCLAIMER

Whilst every effort has been made to ensure the accuracy of the information in this publication, Nambucca Shire Council disclaims any liability to any person in respect of anything done or not done as a result of the contents of these Policy Guidelines.

The Policy Guidelines should be read in conjunction with relevant legislation, guidelines and codes of practice. Where inconsistencies exist the most recent legislation should prevail.

These Policy Guidelines do not constitute legal advice and should not be relied on. Legal advice should be sought in relation to particular circumstances, and liability will not be accepted by Nambucca Shire Council for losses incurred or damage suffered as a result of reliance on these Policy Guidelines.

 

 

 

 

 

 

 

 

 

 

 

 

 

CONTENTS

1.    INTRODUCTION

1

1.1       PURPOSE

1

1.2       SCOPE

1

2.    INTERPRETATION

1

3.    PLANNING AND LEGISLATIVE FRAMEWORK

2

4.    POLICY OBJECTIVES

2

5.    POLICY STATEMENT

2

6.    COMPLIANCE WITH THIS POLICY

12

7.    POLICY REVIEW

12

Appendix A - Abbreviations

14

Appendix B - Definitions

15

Appendix C - Contaminated Land Planning and Legislative Framework

17

Appendix D - Potentially Contaminating Land Uses

20

Appendix E - Relevant Contacts

21

 

 

 

 

 

 

 

 

 

 

 

1.   INTRODUCTION

 

1.1.     PURPOSE

Land contamination stemming from the improper use and storage of hazardous substances can leave a broad range of complex and lasting impacts on the land. Contamination and its effects can often remain unnoticed within the environment for long periods of time, and can have serious implications on a sites ability to sustain healthy ecosystems and communities. In dealing with this issue it is important that Planning Authorities and land managers consider contamination and its potential impacts on the ways that land can be used.  

In New South Wales the EPA and local government preform various key roles in dealing with contaminated lands matters. The role of the EPA is to regulate and enforce management action on sites where contamination is considered significant. Local government on the other hand manage contamination whilst performing duties as a planning authority, public land manager and as regulatory authority.

This Policy provides a framework through which Council will manage land contamination within the Local Government Area. The Nambucca Shire Council Contaminated Land Policy defines the principles that Nambucca Shire Council are committed to upholding when performing Council functions. This Policy observes a cautionary approach and promotes processes that ensure land contamination is identified and dealt with at the earliest possible opportunity whilst carrying out planning, regulatory and land management activities.

Under section 145B of the NSW Environmental Planning and Assessment Act 1979 (EP&A Act), Council are provided with exemptions of liability for planning decisions made in ‘good faith’.  To qualify for this good faith status the Act requires that Council act substantially in accordance with ‘Managing Land Contamination - Planning Guidelines (Planning Guidelines)’. This Policy has been developed in accordance with the Planning Guidelines and its requirements.

1.2.     POLICY SCOPE

This Policy applies to all land within the Nambucca Shire Council Local Government Area.

The content of this Policy is relevant to:

§ Local government staff

§ Contaminated land management practitioners

§ Property developers

§ Land managers

§ The general public 

This Policy does not provide procedural guidance on how to satisfy policy statements. Additional information on suitable approaches, procedures and considerations for implementing policy statements can be found in:

§ Nambucca Shire Council Contaminated Land Policy Guidelines

§ Nambucca Shire Council Asbestos Management Plan

§ Other relevant legislation, guidelines and codes of practices including but not limited to those listed under Appendix C – Contaminated Land Planning and Legislative Framework

 

 

 

2.   INTERPRETATION

Terms used in this Policy are as they are defined in the relevant legislation.

Abbreviations provided in Appendix A.

Definitions provided in Appendix B.

3.   STATUTORY FRAMEWORK

Key documents that make up the contaminated land planning and legislative framework are:

§ Environmental Planning and Assessment Act 1979

§ Contaminated Land Management Act 1997

§ Protection of Environmental Operations Act 1997(POEO Act)

§ State Environmental Planning Policy No 55 – Remediation of Lands(SEPP 55)

§ Managing Land Contamination - Planning Guidelines (Planning Guidelines)

A more detailed review of the framework and its effects can be found in Appendix C.

4.   POLICY OBJECTIVES

 

The objectives of this policy include:

§ To ensure that contamination is being appropriately considered and dealt with at the earliest possible stage whilst carrying out Council regulatory, land management, or planning activities

§ To provide a contaminated land policy framework that follows the practices and standards of relevant legislation(s), guidelines and codes

§ To facilitate an approach to assessing and dealing with contaminated land issues that is regionally consistent and cooperative

§ To ensure Council maintains suitable contaminated land information management systems and provides the community and stakeholders with reliable information on contamination where applicable

§ To ensure contamination is appropriately considered prior to approving changes to land uses

§ To avoid placing  inappropriate restrictions on land uses due to land contamination

 

5.   POLICY STATEMENT

 

5.1.     Local Government Commitment to Dealing With Land Contamination

Council will consider and respond to the presence of land contamination in all instances where it is the appropriate:

 

·      Planning Authority

·      Regulatory Authority

·      Public lands/assets  manager

 

When performing these roles, Council will adhere to the requirements of this Policy and the Policy Guidelines in addition to the requirements of applicable legislation, guidelines and standards (see Appendix C).

 

5.2.     Executing Councils Planning Decision Making Processes

Whilst performing roles as a planning authority Council will ensure that land contamination is being appropriately considered, identified, assessed and managed in accordance with the requirements of this Policy and the Policy Guidelines. In instances where the Policy and Policy Guidelines do not apply, a review of applicable legislation, guidelines and standards should be undertaken by Council.  

In its function as a Planning Authority Council will:

§  Consider the likelihood of land contamination as early as possible in the planning and development control process

§  Link decisions about the development of land with the information available about contamination possibilities

§  Adopt a policy approach that will provide strategic and statutory planning options based on the information about contamination

§  Exercise statutory planning functions with a reasonable standard of care

 

If contamination status of land is unknown, no change in use should occur which may increase the risk of harm until the land has been investigated. If contamination causes an unacceptable risk of harm, the use of the land should be restricted to reduce the risk to accepted levels.

 

5.3.     Initial Evaluation by Planning Authority

An initial evaluation of contamination is performed by Council to assess whether contamination may be an issue at a site and if sufficient information is available to carry out a planning function in good faith. Council will perform an initial evaluation of contamination, in the first possible instance, when assessing the suitability of a planning proposals and development applications. This internal evaluation should be performed in accordance with the objectives and processes outlined in the Policy Guidelines as well as the Managing Land Contamination Planning Guidelines.

Further information on the initial evaluation process is provided in Section 5.3 of the Policy Guidelines.

5.4.     Review of Environmental Factors (REF)

Where undertaking or reviewing environmental assessments performed under Part 5 of the EP&A Act, Council will ensure that contamination is being appropriately assessed and managed. If contamination has the potential to be a factor at a site that is the subject of an REF then further investigations and management processes should be carried out in accordance with this Policy and the Policy Guidelines. See Figure 1 and Figure 2 of the Policy Guidelines for site assessment and management processes.

5.5.     Preliminary Investigation

Stage 1 – Preliminary Investigations are undertaken to identify any past or present potentially contaminating activities performed at a site, provide a preliminary assessment of any site contamination and, if required, provide a basis for a more Detailed Investigation. This stage of a site assessment must be undertaken by a ‘suitably qualified and experienced contaminated land practitioner’ (see Section 5.12 and 5.13).

Prior to exercising a planning function Council may request a Preliminary Investigation Report be provided by the proponent in instances where:

§ Past land uses have the potential to have caused site contamination (refer to Appendix D)

§ Site records do not outline a clear or complete site history

§ Gaps exist in knowledge of past land uses

§ Site history information provided by the applicant is not reliable or verifiable

§ Land surrounding the site has the potential to be contaminated

§ The site is within 50m of underground storage tank(s) or below ground infrastructure used for storing hazardous substances i.e. petroleum products or chemicals

Further information on the Preliminary Investigation stage is provided in Section 5.4 of the Policy Guidelines.

5.6.     Detailed Investigation

Stage 2 - Detailed Investigations are undertaken to identify the nature, extent and degree of contamination at a site that is known or suspected of being contaminated. This is a highly technical phase of the site assessment process and must only be performed by a ‘suitably qualified and experienced contaminated land practitioner’ (see Section 5.12 and 5.13).

Prior to exercising a planning function Council may request a Detailed Investigation Report be provided by the proponent in instances where:

§ Indications of contamination have been acknowledged in a Preliminary Investigation

§ Contamination has been previously identified on the site during a site assessment

§ Pathways exist between the site and a known source of contamination (i.e. surface or groundwater)

§ Contamination is considered to occur at the site and a Preliminary Investigation is deemed not necessary

§ Changes to land uses may increase exposure of the community or the environment to hazardous contaminants (eg a proposed land-use change from industrial land use to residential land use)

§ To accompany a remediation proposal that requires Development Consent

 

Further information on the Detailed Investigation stage is outlined in Section 5.5 of the Policy Guidelines.

5.7.     Remedial Action Plan (RAP)

In instances where remedial actions are required to make a site suitable for its current or intended uses, a RAP may be required by Council. A RAP outlines the objectives and methods that a contaminated land practitioner intends to employ when remediating a site to a suitable standard. This plan can only be developed by a ‘suitably qualified and experienced contaminated land practitioner’ (see Section 5.12 and 5.13).

Council shall request that a RAP be provided by the proponent in instance where:

§ Contamination has been identified during a site assessment and remedial actions are required to make the site suitable for any proposed or approved land uses

§ The remediation works are considered Category 1 Remediation works (see clause 5.11 below)

§ The remediation works are being undertaken in preparation for a future Development Application or Planning Proposal

 

Further information on Remedial Action Plans are provided in Section 5.6 of the Policy Guidelines.

5.8.     Site Validation

Where remedial actions have been carried out under the guidance of a RAP a validation assessment must be undertaken to confirm whether the objectives of the RAP have been achieved. If the remedial targets have not been achieved the Validation Report must explain why and outline any additional works required to satisfy the requirements of the RAP. This assessment must only be undertaken by a ‘suitably qualified and experienced contaminated land practitioner’ (see Section 5.12 and 5.13).

 

Further information on Validation Reports are outlined in the Section 5.7 of the Policy Guidelines.

 

 

 

5.9.     Ongoing Site Monitoring

Ongoing Site Monitoring Plans are created in circumstances where contamination may not be suitable for remediation or is to be controlled on site.

Council shall request an Ongoing Site Monitoring Plan be provided for its consideration in instances where:

§ A full clean-up of a site is not feasible

§ Contamination is to be contained on the site

This plan must only be developed by a ‘suitably qualified and experienced contaminated land professional’ (as outlined in Section 6.11).

Further information on Ongoing Site Monitoring Plans are outlined in Section 5.8 of the Policy Guidelines.

5.10.   Site Audit

A Site Audit is an independent review of any or all stages of the site investigation processes conducted in accordance with the CLM Act and associated EPA Guidelines. Site Audits are only to be performed by auditors accredited under the EPA administered Site Auditors Scheme. Council may request a Site Audit where:

§ It is believed that the information provided by the proponent is incorrect or incomplete

§ Verification is required to confirm that information provided by the proponent adheres to appropriate standards, procedures and guidelines

§ Council does not have the internal resources or expertise needed to conduct its own technical review

§ Land use is proposed to change to a more sensitive land use (for example, rezoning commercial to residential)

In circumstances where an audit may not be necessary, Council may request that a formal review be conducted on a contaminated land practitioner’s reports, works and/or advice by another suitably qualified practitioner. See Section 6 of Policy Guidelines for further information on Site Audits.

5.11.   Remediation of lands

SEPP 55 sets contaminated land remediation works into two key categories to help ensure that works are performed in an appropriate and responsible manner. In instances where a proposed remedial activity is classed as Category 1 works, consent must be sought from a consent authority such as Council. Remedial activities that are classed as Category 2 do not require consent from a consent authority, however certain information must be provided to Council on their nature and scope prior to them being performed (see Clause 16-18 of SEPP 55 for further information).  

Note: If remediation has reduced all risks to human health and the environment to an acceptable level, no restriction on land use will be placed on the site.

Category 1 – Remediation Works

Category 1 remediation works are works that require planning consent due to their scope, type or potential impacts that they can pose on the community and/or environment. SEPP 55 outlines Category 1 works as works that:

§ Form part of designated development

§ Are to be conducted on land declared to be a critical habitat

§ Are likely to have a significant effect on a critical habitat or a threatened species, population or ecological community

§ Are associated with development for which another SEPP or a regional environmental plan requires development consent

§ Are to be carried out in an area classified under Clause 9(e) of SEPP 55

In accordance with the provision of Clause 9(f) of SEPP 55, Council requires all Category 1 works to be performed in line with applicable Council policy, including where:

§  Restrictions are placed on the hours of operation for work

§  Restrictions are placed on the vehicle routes that can be used when performing work

§  Restrictions are placed on parking

§  Restrictions are placed on the disposal of contaminated spoil removed from remediated land

Category 2 – Remediation Works

Category 2 remediation works are all remediation works that are not classified as Category 1 under Clause 9 of SEPP 55 or works identified in this Council Contaminated Land Policy.

Person undertaking Category 2 remediation works must act in accordance with SEPP 55 which requires the proponent to:

§ Notify Council of the commencement of works 30 days prior to their commencement

§ In accordance with Clause 16(3) of SEPP 55 provide detail on the site and works to be undertaken

§ Notify Council of the completion of works within 30 days of their conclusion

 

5.12.   Contaminated Land Practitioner Standards

Prior to considering information provided by a contaminated land practitioner, the practitioner must be able to suitably demonstrate to council that they have the necessary competencies and experience in the field that they intend to offer services in.  

Prior to 1 April 2018 the attributes that should qualify a person as a ‘suitably qualified and experienced practitioner’ are:

§ At least five years of experience in contaminated land services that are relevant to those being offered

§ Relevant Bachelor Degree or similar tertiary qualifications

§ Regular professional development training in the contaminated land field

§ Record of strong ethical and professional conduct

 

As of the 1 April 2018, Nambucca Shire Council will only accept services, reports or advice from contaminated land practitioners accredited under an EPA supported accreditation scheme (information on contaminated land practitioner schemes can be found on the EPA website).

 

See Section 7 of the Policy Guidelines for further information on Contaminated Land Practitioners and their use.

5.13.   Professional contaminated land reports, plans and advice

All professional contaminated land related reports, plans or official advice to be considered by Council must be accompanied by a cover letter that includes the following information:

§ Company/practitioners contact details

§ Scope of works to be overseen by the practitioner

§ Qualifications relevant to services being provided

§ Past professional experience in comparable projects

§ Two references from past clients that have received similar services

A practitioner may choose to include a copy of their CV to Council with initial correspondence or documents.

5.14.   Council Contaminated Land Records

Contaminated land issues can be dynamic, changing over time as site assessments and remedial actions are performed, and new sites are identified. Due to this nature of contamination Council do not hold a definitive ‘register’ of contaminated sites.  

Keeping an accurate, reliable and up-to-date record of information on land contamination can be a valuable resource for Council to use when performing various planning, regulatory and land management functions.

Wherever possible Council’s records shall maintain accurate and reliable information on sites that:

§ Have been assessed or regulated by the EPA under the provision of the CLM Act

§ Have undergone previous contaminated land assessments or management actions and reports have been provided to Council

§ Have undergone a site audit by an accredited site auditor

§ Are known by Council to be contaminated

§ Have had a development applications accepted for Category 1 remediation works

§ Have provided notifications of Category 2 remediation works

Information pertaining to contaminated land matters should be recorded and managed by Council in line with the Policy Guidelines and other applicable standards.

5.14.1.  Section 149 Planning Certificates

A planning certificate issued under Section 149 of the EP&A Act, is specific to a certain property and provides information about how the site may be used and if land use restrictions apply. Information on land contamination must be included in Section 149 planning certificates in line with the requirements of Section 59(2) of the CLM Act and the Policy Guidelines. If land use restrictions are placed on the land due to contamination this will be reflected within Section 149 planning certificates.

Section 149(2) Planning Certificates

Section 149(2) Planning Certificates issued by Council will provide information, relevant to the property on the date the certificate is issued:

a)     Identified as significantly contaminated

b)    Subject to a management order

c)     The subject of an approved voluntary management proposal

d)    Subject to an ongoing maintenance order

e)    Site has been subject to a site audit where a Site Audit Statement has been produced and provided to Council

f)     Whether or not the land is affected by an adopted policy of the Council or any other public authority that restricts the development of land because of the likelihood of any risk of contamination

 

Further information including standard 149(2) entries and explanations are provided in the Policy Guidelines Appendix J.

Section 149(5) Planning Certificates

In Instances where Councils records indicate that a site is or has the potential to be impacted by contamination, a special note will be added to the Section 149(5) planning certificate declaring that certain restrictions may apply to a site due to contamination. In instances where this declaration is present on the planning certificate a proponent should contact Council to seek further information on the nature and consequences of potential contamination issues at the site.

Council may also choose to add other specific information on contaminated land matters into the Section 149(5) planning certificate, including where:

a)     The site is known to have been used for a land use listed in Table 1 of Appendix D

b)    A Statement of Environmental Effect has identified that the contamination may be a factor at the site

c)     A contaminated land assessment report has been produced and provided to Council

d)    A validation of remediation has been undertaken and report provided to Council

e)    Remedial actions have been approved for the remediating of the site

f)     Council have been notified of remediation that is to be undertaken at the site

g)     Historic or unvalidated remediation is known to have been undertaken at the site

h)    Underground Petroleum Storage System are known to be present on the site

i)      Advice that is associated with information provided under a 149(2) certificate    

 

Further information including standard 149(5) entries and explanations are provided in the Policy Guidelines Appendix J.

 

5.15.   Preventing Contamination

Measures to prevent possible pollution at its source may help to reduce future land contamination issues. Council will endeavour to prevent the occurrence of pollution and associated land contamination, where applicable, by:

§ Applying appropriate controls on development and rezoning to reduce polluting activities and impacts

§ Proactively investigate and regulate land use activities that may cause contamination

§ Manage public land and assets in line with the requirements of this policy and relevant regulation

§ Promote the adoption of environmental practices that reduce the potential for contamination

 

6.   COMPLIANCE WITH THE POLICY

This Policy provides a best practice approach for dealing with contaminated land matters in the Nambucca Shire Council Local Government Area. The processes and standards provided in this document adhere to and exceed the requirements of the contaminated land legislative frameworks and associated planning guidelines.

 

Planning decisions made in compliance with this Policy should be considered to be performed in good faith and are afforded exemption from liability under Part 7A of the EP&A Act.

Council staff should seek legal guidance wherever they are uncertain about the application of this Policy.

7.   POLICY REVIEW

This Policy may be reviewed, varied or revoked at the discretion of Council.

 

This Policy is to undergo an annual review by a regional working group made up of appropriate staff from all member Councils. This review process is to commence in June 2018.

 

Where changes occur to relevant legislation, guidelines and standards, appropriate amendments must be made to the Policy document.

 

 

 

Appendix A: Acronyms

 

ARA

Appropriate Regulatory Authority – used in regulation

ANZECC

Australian and New Zealand Environment and Conservation Council

CLM Act

Contaminated Land Management Act 1997

DA

Development Application

DCP

Development Control Plan

DP&E

Department of Planning & Environment

EPA

Environment Protection Authority

EP&A Act

Environmental Planning and Assessment Act 1979

LEP

Local Environmental Plan

LGA

Local Government Area

NSW

New South Wales

POEO

Protection of the Environment Operations

RAP

Remedial Action Plan

SEPP

State Environmental Planning Policy

UST

Underground Storage Tanks

UPSS

Underground Petroleum Storage Tanks

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Appendix B: Definitions

 

Category 1 remediation work 

has the same meaning as in SEPP55, and is remediation work that needs development consent

Category 2 remediation work

has the same meaning as in SEPP55, and is remediation work that does not need development consent

CLM Act

means the Contaminated Land Management Act 1997 (NSW) as amended from time to time.

Contamination of land

depending on the context:

has the same meaning as in section 5(1) of the CLM Act, being the presence in, on or under the land of a substance at a concentration above that normally present in, on or under the land in the same locality, being a presence that presents a risk of harm to human health or any other aspect of the environment, and “Contaminate” and “Contaminated” are to be construed accordingly.  The words “land”, “harm” and “environment” are defined as in the CLM Act.

OR

has the same meaning as in section 145A of the EP&A Act, being  land in, on or under which any substance is present at a concentration above the concentration at which the substance is normally present in, on or under (respectively) land in the same locality, being a presence that presents a risk of harm to human health or any other aspect of the environment.  The words “land” and “environment” are defined as in the EP&A Act.

Detailed investigation

means an investigation to define the extent and degree of contamination, to assess potential risk posed by contaminants to health and the environment, and to obtain sufficient information for the development of a remedial action plan if required.

EP&A Act

means the Environmental Planning and Assessment Act 1997 (NSW) as amended from time to time.

Independent review

means an evaluation by an independent expert required by a planning authority of any information submitted by a proponent, conducted at the proponent’s expense.

Initial evaluation

means an assessment of readily available factual information to determine whether contamination may be an issue relevant to the decision being made.

Preliminary investigation order

means a preliminary investigation order issued by the EPA under s 10 of the CLM Act to investigate whether specified land is Contaminated, and the nature and extent of any such Contamination.

Notice of completion

means a notice to the Council (or Minister for Planning where the Minister is the consent authority) in accordance with SEPP 55 that remediation work has been completed.

Notification of remediation

means prior notice of a category 2 remediation work given to the Council in accordance with SEPP 55.

Planning authority

means a public authority or other person responsible for exercising a planning function.

Planning Certificate

means a planning certificate issued under s149 of the EP&A Act.

Planning function

means a function exercised by the Council as a planning authority under the EP&A Act, including the functions listed in s145B EP&A Act such as the preparation or making of an environmental planning instrument and the determination of a development application.

Preliminary investigation

means an investigation to identify any past or present potentially contaminating activities and to provide a preliminary assessment of any site contamination.

Remedial Action Plan

means a plan which sets remediation goals and documents the process to remediate a site.

Management Order

means a management order issued by the EPA under section 14 of the CLM Act, requiring the carrying out of specified actions in relation to the management of contaminated land (including remediation).

Significantly Contaminated Land

means a site declared by the EPA under section 11 of the CLM  Act to be significantly contaminated land.

Remediation 

has the same meaning as in the CLM Act and includes:

(a)   preparing a long-term management plan (if any) for the land;

(b)   removing, dispersing, destroying, reducing, mitigating or containing the contamination of the land; and

(c)   eliminating or reducing any hazard arising from the contamination of the land (including by preventing the entry of persons or animals on the land).

SEPP 55

means the State Environmental Planning Policy No 55 – Remediation of Land

Site audit

has the same meaning as in the CLM Act, being a review:

(a)   that relates to management (whether under this Act or otherwise) of the actual or possible contamination of land; and

(b)   that is conducted for the purpose of determining any one or more of the following matters:

i.      the nature and extent of any contamination of the land,

ii.     the nature and extent of any management of actual or possible contamination of the land,

iii.    whether the land is suitable for any specified use or range of uses,

iv.    what management remains necessary before the land is suitable for any specified use or range of uses,

v.     the suitability and appropriateness of a plan of management, long-term management plan or a voluntary management proposal.

Site auditor

has the same meaning as in the CLM Act, being a person accredited by the EPA under the CLM Act to conduct site audits.

Site audit statement

means a site audit statement issued by a site auditor in accordance with Part 4 of the CLM Act.

Site audit report

means a report prepared by a site auditor containing the key information and the basis of consideration which leads to the issue of a site audit statement.

Site history

means a land use history of a site which identifies activities or land uses which may have contaminated the site, establishes the geographical location of particular processes within the site, and determines the approximate time periods over which these activities took place. See (Edwards et al 1994)

Site investigation process

means the process of investigating land which may be, or is, contaminated, for the purpose of providing information to a planning authority.

Validation

means the process of determining whether the objectives for remediation and any conditions of development consent in relation to the remediation have been achieved.

 

 

 

 

 

 

 

 

 

 

 

Appendix C- Contaminated Land Planning and Legislative Framework

The key legislation and planning instruments that make up the contaminated land planning and legislative framework are:

§ Environmental Planning and Assessment Act 1979

§ Contaminated Land Management Act 1997

§ Protection of Environmental Operations Act 1997

§ SEPP 55 – Remediation of Lands

§ Managing Land Contamination Planning Guidelines - SEPP 55 – Remediation of Lands

Other relevant legislation and planning instruments that affect the way that local government deal with contaminated land matters include:

§ Local Government Act 1993

§ NSW Health and Safety Act 2011

§ Pesticides Act 1999

§ Dangerous Goods (Road and Rail Transport) Act 2008

§ Environmentally Hazardous Chemicals Act 1985

§ Environmental Planning and Assessment Regulation

§ Protection of Environmental Operations (General) Regulation

§ Protection of Environmental Operations (Waste) Regulation

§ Protection of Environmental Operations (Clean Air) Regulation

§ Protection of Environmental Operations (Underground Petroleum Storage Systems) Regulation

§ SEPP (Exempt and Complying Development Codes) 2008

Guidelines made under CLM Act:

§ Guidelines for the Vertical Mixing of Soil on Former Broad-acre Agricultural Land

§ Sampling Design Guidelines

§ Guidelines for Assessing Banana Plantation Sites

§ Guidelines for Consultants Reporting on Contaminated Sites

§ Guidelines for Assessing Former Orchards and Market Gardens

§ Guidelines for the NSW Site Auditor Scheme, 2nd edition

§ Guidelines for the Assessment and Management of Groundwater Contamination

§ Guidelines on the Duty to Report Contamination under the CLM Act

Relevant National Standards

§ National Environmental Protection Measures

§ Australian and New Zealand Guidelines for Fresh and Marine Water Quality

Overview of Contaminated Land Planning and Legislative Framework effects

 

 

 

Contaminated Land Management Act 1997

Provide powers to the EPA to:

§ Regulate sites that are significantly contaminated (or assumed to be)

§ Issue orders to a public authority to carry out certain regulatory functions

§ Creates guidelines for the assessment and management of contaminated sites

§ Administer the NSW Site Auditor Scheme

§ Impose penalties and cost recovery actions

§ Duty of land owners to notify EPA of contamination

§ Offsets program that may allow those responsible for significant contamination to implement offsets to mitigate its impacts

Provides Site Auditors with:

§ Legal framework for undertaking statutory site audits

Requires local planning authorities to:

§ Provide advice in planning certificates made under section 149(2) of the EP&A Act that outline where a site has undergone EPA regulatory actions or site audits in accordance with the provisions of the CLM act.

Environmental Protection and Assessment Act 1979

Provides powers to Department of Planning and Environment to:

§ Develop environmental planning instruments such as State Environmental Planning Policies

Provides planning authorities with legal framework for:

§ Planning and development control process including

Developing Local Environmental Plans that are to be approved by the Minister

Developing and implementing Development Control Plans

§ Exemptions from liability for planning authorities if they are acting substantially in accordance with contaminated land planning guidelines and guidelines developed under provisions of CLM Act

§ Planning certificates for the recording and presenting of contaminated land information

§ Issuing orders that cease activities that do not align with conditions of a development consent

Protection of Environment Operations Act 1997

Provides planning authorities with legal framework for:

§ Issuing notices for the assessment and clean-up of contaminated lands and associated pollution issues

§ Regulation of waste materials

§ Prevent or prohibit certain land use activities that have the potential to  exacerbate or contribute to land contamination issues

 

State Environmental Planning Policy 55 – Remediation of Lands

 

SEPP 55 sets out a state-wide planning approach to remediating lands. This SEPP:

§ Requires remediation works to be carried out in accordance with the contaminated land planning guidelines and other guidelines created under the CLM Act 

§ Specifies when consent is required for remediation works and remediation processes

§ Outlines contaminated land consideration relevant during planning processes

§ Specifics notices to be provided to Council when carrying out remediation works

 

Managing Land Contamination Planning Guidelines - SEPP 55 – Remediation of Lands

Provides local government with:

§ Outline of best practice contaminated land assessment, remediation and site management practices

§ Information on the Site Audit process and when they should be considered

§ Planning and land management decision making approaches and considerations

§ Approaches for recording and managing contaminated land information

§ Recommendations to develop a formal policy for dealing with contaminated land issues

§ List of land uses that have the potential to cause contamination

SEPP (Exempt and Complying Development Codes) 2008

This SEPP:

§ Overrides provisions of SEPP 55 and applicable LEP

§ Provides streamlined assessment processes for development that complies with specified development standards, including

Development that is considered exempt from planning approvals

Development that complies with the code and can be conducted in accordance with a complying development certificate without the need to planning approvals

 

National Environmental Protection Measures (NEPM)

Implemented in NSW under the National Environmental Council (NSW) Act 1995, the NEPM establishes national standard for:

§ Acceptable thresholds for contaminants in soil, air and water.

§ Processes and standards for assessing contaminated sites

§ Processes and standards monitoring ambient air quality

§ Standards for moving controlled waste materials

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Appendix D: Potentially Contaminating Land Uses

 

List of land use activities that may cause contamination (as identified in Table 1 of the Planning Guidelines).

 

Table 1. Some Activities that may Cause Contamination

§ acid/alkali plant and formulation

§ agricultural/horticultural activities

§ airports

§ asbestos production and disposal

§ chemicals manufacture and formulation

§ defence works

§ drum re-conditioning works

§ dry cleaning establishments

§ electrical manufacturing (transformers)

§ electroplating and heat treatment premises

§ engine works

§ explosives industry

§ gas works

§ iron and steel works

§ landfill sites

§ metal treatment

§ mining and extractive industries

§ oil production and storage

§ paint formulation and manufacture

§ pesticide manufacture and formulation

§ power stations

§ railway yards

§ scrap yards

§ service stations

§ sheep and cattle dips

§ smelting and refining

§ tanning and associated trades

§ waste storage and treatment

§ wood preservation

 

Note: It is not sufficient to rely solely on the contents of this Table to determine whether a site is likely to be contaminated or not. The Table is a guide only. A conclusive status can only be determined after a review of the site history and, if necessary, sampling and analysis.

 

 

 

 

 

 

 

 

 

Appendix E: Relevant Contacts

 

Nambucca Shire Council

Development & Environment Section: 65682555

Email: council@nambucca.nsw.gov.au

 

NSW Environmental Protection Authority

Environmental Line Phone: 131 555 or 9995 5999

Email: info@environment.nsw.gov.au

 

MIDROC Contaminated Land Services

Phone: (02) 6655 7382 

Email: bhooper@bellingen.nsw.gov.au

WorkSafe NSW

Phone: 131 050

Email: contact@safework.nsw.gov.au

 

Health NSW –Public Health Unit

Phone: 1300 066 055

 

 


Ordinary Council Meeting - 15 June 2017

Contaminated Land Policy

 

Nambucca Shire Council Contaminated Land Policy Guideline 
May 2017


MIDROC
CONTAMINATED 
LAND PROGRAM

 

Healthy environments are an essential foundation for the development of healthy and thriving communities. The Mid North Coast Regional Organisation of Councils and its members are committed to protecting and restoring the quality of environments through informed planning decisions and the implementation of effective land management practices. In dealing with contaminated land matters a consistent regional approach will be followed when conducting Council’s functions for identifying, assessing and managing contamination for the benefit of the community and local environment.



,REGIONAL VISION

 

 

 

 

 

 

 

 

 


These Contaminated Land Policy Guidelines have been produced for members of the Mid North Coast Regional Organisation of Councils (MIDROC) as part of the MIDROC Contaminated Land Program. This program has been assisted by the New South Wales Government through the NSW Environmental Protection Authorities (EPA) Contaminated Land Management Program under funding provided by the NSW Environmental Trust.

 

Produced by

MIDROC - Contaminated Land Services Division

PO Box 117

BELLINGEN, NSW 2454

 

Acknowledgments

Description: NSW-Government.jpgDescription: EPA-colour-medium-primaryDescription: OEH_ETlogoBW

FOREWORD

MIDROC recognises that the appropriate assessment and management of contaminated land matters is an important function of local government. The MIDROC Contaminated Land Program has been developed to provide MIDROC members with the technical training and resources needed to appropriately deal with land contamination matters.

This Model Contaminated Land Policy Guidelines (the ‘Policy Guidelines’) forms part of a suite of regional contaminated land management resources and tools. These guidelines explore acceptable local government planning, regulatory and land management processes that are to be observed by MIDROC member councils.

 

 

 

 

 

 

 

 


 

COUNCIL DISCLAIMER

Whilst every effort has been made to ensure the accuracy of the information in this publication, Nambucca Shire Council disclaims any liability to any person in respect of anything done or not done as a result of the contents of these Policy Guidelines.

The Policy Guidelines should be read in conjunction with relevant legislation, guidelines and codes of practice. Where inconsistencies exist the most recent legislation should prevail.

These Policy Guidelines do not constitute legal advice and should not be relied on. Legal advice should be sought in relation to particular circumstances, and liability will not be accepted by Nambucca Shire Council for losses incurred or damage suffered as a result of reliance on these Policy Guidelines.

 

 

 

 

 

 

 

 

 

 

 

 

 

CONTENTS

1.   BACKGROUND

5

1.1.     What is Land Contamination?

5

1.2.     Purpose of the Policy Guidelines

5

1.3.     Scope of the Policy Guidelines

6

2.   LOCAL GOVERNMENT  ROLES AND RESPONSIBILITIES

6

2.1.     What is Land Contamination?

6

2.2.     Purpose of the Policy Guidelines

7

2.3.     Scope of the Policy Guidelines

7

2.4.     Management of public lands and assets

8

2.5.     Responsibilities to worker and the community health

8

3.   CONTAMINATED LAND MANAGEMENT STAKEHOLDER GROUPS

8

3.1.     NSW Environmental Protection Authority 

8

3.2.     SafeWork NSW

9

3.3.     Department of Primary Industry – Consider rewording

10

3.4.     Department of Planning and Environment

10

3.5.     NSW Health – Public Health Unit

10

3.6.     Community Stakeholders 

10

4.   COUNCIL PLANNING AND DEVELOPMENT CONTROL PROCESS

10

4.1.     Development and Planning Approvals

10

4.2.     Conditions of Consent

12

4.3.     Councils exemption from liability 

13

5.   SITE ASSESSMENT AND REMEDIATION PROCESS

14

5.1.     Site investigation processes

14

5.2.     Site Remediation

14

5.3.     Initial Evaluation Process

16

5.4.     Preliminary Investigation Review Process

17

5.5.     Detailed Investigation Review Process

17

5.6.     Remedial Action Plan (RAP) Review Process

17

5.7.     Validation Report Review Process

18

5.8.     Ongoing Site Monitoring

18

6.   SITE AUDITS

19

6.1.     What is a Site Audit?

19

6.2.     Enacting a Site Audit

20

6.3.     Review of works by other suitably qualified contaminated land practitioner

20

7.   CONTAMINATED LAND PRACTITIONERS

20

7.1.     Contaminated land practitioners and accreditation standards

20

7.2.     Finding a suitable contaminated land practitioner

21

8.    REPORTING AND SUBMISSION STANDARDS

21

8.1.     Submitting contaminated land reports, plans and formal advice

21

8.2.     Cover Letters to accompany submissions

22

8.3.     Standards of information that can be accepted by Council from proponents?

22

9.    CONTAMINATED LAND INFORMATION MANAGEMENT

22

9.1.     Recording and management of contaminated lands information

22

9.2.     Section 149 Planning Certificates

22

10.  PREVENTING CONTAMINATION

23

Appendix A: Abbreviations

 

Appendix B: Definitions

 

Appendix C: Legislation, Regulation, Policy and Guidelines Relevant to the Management of Contaminated Land Matters

 

Appendix E: Initial Evaluation Procedure

 

Appendix E: Preliminary Investigation Report Review Procedure

 

Appendix F: Detailed Investigation Report Review Procedure

 

 

 

Appendix G: Remedial Action Plan Review Procedure

 

Appendix H: Validation Report Review Procedure

 

Appendix I: Ongoing Monitoring Report Review Procedure

 

Appendix J: Standardised Section 149 (2) and (5) Entries

 

Appendix K: Standard Conditions of Consent

 

 

 

 

 

 

 

 

 

 

 


Ordinary Council Meeting - 15 June 2017

Contaminated Land Policy

 

1. BACKGROUND

1.1.     What is Land Contamination?

Land contamination is the condition where either directly or indirectly human activities have caused a substance to be incorporated into the landscape at concentrations that have the potential to harm human health or the environment. This is typically found on sites where hazardous substances have been used, stored or manufactured over prolonged periods of time such as those listed in Appendix C of the Nambucca Shire Council Contaminated Land Policy (the ‘Policy’). Land contamination is often dynamic, changing over time, and can exist in vastly different forms depending on its source and setting. In many cases contamination and its effects can remain unnoticed within the landscape for long periods of time, and can have serious implications on a site’s ability to sustain healthy ecosystems and communities.    

The Contaminated Land Management Act 1997 (CLM Act) defines contamination of land as:

‘the presence in, on or under the land of a substance at a concentration above the concentration at which the substance is normally present in, on or under (respectively) land in the same locality, being a presence that presents a risk of harm to human health or any other aspect of the environment.’

The Environmental Planning and Assessment Act 1979 similarly defines contaminated land as:

‘land in, on or under which any substance is present at a concentration above the concentration at which the substance is normally present in, on or under (respectively) land in the same locality, being a presence that presents a risk of harm to human health or any other aspect of the environment.’

The presence of contamination can often have significant economic, planning and legal implications for a site and how it is used. Where Council are aware of potential or known contaminated sites, relevant information will be stored within Council’s records.

Council should be informed of sites that are suspected or have the potential to be contaminated.

1.2.     Purpose of the Policy Guidelines

Land contamination has the potential to occur anywhere within the Nambucca Shire Council local government area. To limit the potential impacts of land contamination on the community and environment, these guidelines outline a series of best practice processes for considering and dealing with land contamination matters when undertaking Council planning, regulatory and land management functions. This document has been developed to provide a practical framework for achieving the standards set out in the ‘Policy’ as well as to provide context to contaminated land matters.

The Policy Guidelines provide general information on:

·      Roles and responsibilities of local government in dealing with land contamination

·      Relevant stakeholder groups that are involved in managing contamination

·      Processes and standards to be followed when undertaking contaminated land investigations and site management actions

·      Considerations for Council in undertaking decision making processes in relation to land contamination

 

1.3.     Scope of the Policy Guidelines

The Policy Guidelines apply to all lands within the Nambucca Shire Council Local Government Area.

This document should be read in conjunction with the:

§ Nambucca Shire Council Contaminated Land Policy

§ Nambucca Shire Council Asbestos Management Plan (if applicable)

§ Managing Land Contamination Planning Guidelines SEPP 55–Remediation of Land (SEPP 55 Planning Guidelines), with reference to Part 7A of the Environmental Planning and Assessment Act 1979 (EP&A Act)

§ Other relevant legislation, guidelines and codes of practices listed in Appendix C.

This Policy covers information that is relevant to the following groups:

§ The general public 

§ Local Government staff

§ Property developers

§ Land managers

§ Contaminated land management practitioners.

 

2.   LOCAL GOVERNMENT  ROLES AND RESPONSIBILITIES

Councils play a variety of different roles in dealing with land contamination issues. This section of the Policy Guidelines provides an overview of the key duties and responsibilities of local government in carrying out their planning, regulatory and land/asset management functions in good faith.

2.1.     Reviewing contamination whilst undertaking planning and development control functions

Whilst executing planning and development control functions under the provisions of the EP&A Act, it is the duty of Council to consider the possibility that a previous land use or activity may have left the site in a contaminated state. The State Environmental Planning Policy 55 – Remediation of Lands (SEPP 55) requires that Council cannot approve a land use change or grant development consent unless it has considered whether contamination may be a factor at the site and, if so, is satisfied with respect to specified matters regarding the suitability of the land for the proposed development.

Clause 6 of SEPP 55 also has the effect of requiring Council to consider contamination before preparing a planning proposal that would have the effect of zoning or rezoning land.

The process used by Council to identify, assess and appropriately manage contamination when executing planning and development control functions is outlined in Figure 1.

Figure 1: Councils decision making process for land use changes

 


 

 

 

 

 

 

 

 

 

 

2.2.     Regulatory responsibilities and tools

Council has regulatory responsibilities in relation to contamination under the following legislation, policies and standards in situations where council is the appropriate regulatory authority or planning authority:

•          Contaminated Land Management Act 1997 (NSW)

•          Environmental Planning and Assessment Act 1979 (NSW)

•          Environmental Planning and Assessment Regulation 2000 (NSW)

•          Local Government Act 1993 (NSW)

•          Protection of the Environment Operations Act 1997 (NSW)

•          Protection of the Environment Operations (General) Regulation 2009 (NSW)

•          Protection of the Environment Operations (Waste) Regulation 2014 (NSW)

•          State Environmental Planning Policy (Exempt and Complying Development Codes) 2008

•          State Environmental Planning Policy No. 55 – Remediation of Land

•          Demolition work code of practice 2015 (catalogue no. WC03841).

 

Additional legislation, policies and standards relating to the safe management of asbestos are listed in Appendix C of these guidelines or Appendix C of the Policy.

2.3.     Contaminated land information management

Keeping an accurate, reliable and up-to-date record of information on contaminated land matters can be a valuable resource for Council when performing planning and land management functions. In accordance with the requirements of the Policy, Nambucca Shire Council will endeavour to maintain accurate information (i.e. reports, notices, correspondence), where practical, on known contaminated sites that have been formally identified in a Council or other contaminated land register, has been previously assessed for contamination or has undergone management actions. All such information provided to or produced by Council should be catalogued within the property files.

 

Sites that Council consider to have the potential of being contaminated but have not undergone a contaminated land assessment, are to be recorded as potentially contaminated in corresponding property files.  When undertaking future planning functions and/or land management activities at sites that have been identified as potentially contaminated, Council must ensure that appropriate assessments are performed to determine if contamination may be a factor at the site.

 

Information stored within council’s records in relation to contamination is to be readily available to the general public as advice and incorporated into Planning Certificates issued under Section 149 of the EP&A Act. More information on planning certificates and the correct presentation of information can be found in Section 9 of these Policy Guidelines.

2.4.     Management of public lands and assets

Councils are responsible for managing a diverse range of public lands and assets that have the potential to be impacted by contamination. Whilst performing land management duties Council shall consider the potential for contamination to be a factor at a site. If a site managed by Council is considered or found to be in a contaminated state then Council shall ensure that lands are appropriately assessed, remediated and managed in accordance with the requirements of these Policy Guidelines and relevant legislation, guidelines and standards (See Appendix C).

Note: In instances where Council intend to release or sell Council-owned or managed land, Council should consider whether an Initial Evaluation should be performed by an appropriate person in Council to identify if further site investigations are warranted. Where Council identifies or suspects that contamination is present on lands that it owns or manages and that contamination presents a risk of harm to people of the environment, potentially affected community users should be informed as soon as practicable.

2.5.     Responsibilities to staff and community health

Council are committed to promoting a safe and healthy working environment, ensuring that any risks of exposure to land contamination is appropriately considered and managed prior to undertaking operational works. This commitment is extended to ensuring that council operations for the management or contaminated lands do not unduly impact on the health of the environment or community.

Council are committed to complying with Work Health and Safety Act 2011, the Work Health and Safety Regulation 2011, and applicable Standards, Guidelines and Codes of Practice.

3.   CONTAMINATED LAND MANAGEMENT STAKEHOLDER GROUPS

The appropriate management of contaminated land issues can require interactions between a variety of different government agencies and stakeholder groups. This section provides an overview of various stakeholder groups, the scope of their responsibilities, and triggers for their engagement in contaminated land matters. 

3.1.     NSW Environmental Protection Authority 

Under the CLM Act the EPA is provided with powers to regulate contaminated land. In accordance with Under section 11 of the CLM Act, the EPA may declare land to be significantly contaminated land if the EPA has reason to believe that the land is contaminated and the contamination is significant enough to warrant regulation. The matters that the EPA must take into account before declaring land to be ‘significantly contaminated land’ are outlined in section 12 of the CLM Act. 

Under section 60 of the CLM Act a person whose activities have contaminated land and an owner of land that has been contaminated, has a duty to notify in circumstances specified in section 60, as soon as practicable after the person becomes aware of the contamination.

If the contamination is considered to not warrant regulation under the CLM Act then the EPA will inform Council of the matter and Council will deal with the issue under its regulatory, planning or land management functions.

Contaminated sites are primarily regulated by the EPA under the CLM Act through the following:

a)     Preliminary Investigation Order

Written order directing a person to conduct a preliminary investigation on a site to facilitate a better understanding of the nature and extent of contaminants, if present.

b)    Management Order

Written order directing a person to carry out management actions and to provide a suitable plan of management for addressing contamination at the site.

c)     Voluntary management proposal

Any person or company can put forward a voluntary management proposal to the EPA that outlines a plan for the management of significantly contaminated land. The EPA may approve the proposal with or without conditions.

d)    Ongoing Maintenance Order

Where land has been the subject of a management order or voluntary management proposal, the EPA can direct that a person undertake certain ongoing actions that may involve managing, monitoring or restricting land uses at a site, and report information back to the EPA.

The EPA may issue a preliminary investigation order or a management order on:

1. A person/s responsible for the contamination

2. The owner/s of the contaminated land

3. The notional owner/s of the contaminated land.

The EPA may also issue a preliminary investigation order or a management order to a public authority such as Council.

When issuing a management order the EPA must issue the order in accordance with the hierarchy set out above, unless it is not practicable to do so (e.g. if the person responsible for contamination is insolvent, the EPA can then issue the order on the owner of the land).

The EPA also administers the Site Auditor Scheme under Part 4 of the CLM Act. This scheme accredits industry practitioners with considerable experience and expertise as Site Auditors who are able to independently review the works of other contaminated land practitioners.

3.2.     SafeWork NSW

SafeWork NSW is the government regulatory body responsible for investigating workplace incidents and enforcing work health and safety laws. SafeWork NSW is to be notified of any instances where a worker has become ill or was exposed to hazardous substances whilst undertaking work duties, due to the presence of contaminants on a worksite. 

SafeWork NSW must be informed of all instances where Asbestos has become uncovered or disturbed in a workplace. Council owned or managed lands should be considered a workplace in instances where a Council worker or contractors are present on the lands for the purposes or performing their role.  

3.3.     Department of Primary Industry

The Department of Primary Industry (DPI) falls under a number of different divisions including:

§ Agriculture

§ Biosecurity 

§ Fisheries

§ Food Authority

§ Lands

If land contamination is or has the potential to interfere with the regulatory objectives of Department then Council should consider whether to inform the corresponding division of DPI. 

3.4.     Department of Planning and Environment

Some development types are declared to be State significant under section 89C of the EP&A Act due to factors including the size, economic value or potential impacts that they may incur. State significant development applications are assessed by the Department of Planning and Environment, not by local government.

In considering State significant development applications the Department will generally seek feedback from local government in regards to certain aspects of the development. If contamination is believed to be a factor at these sites then Council will need to ensure that appropriate information is passed on during this consultation process.

3.5.     NSW Health – Public Health Unit

The role of NSW Health Public Health Units are to identify, prevent and minimise health risk that may adversely affect the community. Where land contamination is having offsite impacts that have the potential to cause harm to human health (i.e. vapour, dust or subsurface plumes of toxic chemicals), the applicable Public Health Unit should be notified as early as possible to assist, where practical, in any investigations, deliberations, and planning for management responses.

3.6.     Community Stakeholders 

Council should notify the community of land contamination issues that it is aware of where the notification is considered to be within public interests. This could be due to potential harm that contamination may cause to human health or the environment. 

Community notification methods may include:

§ Warning signage

§ Public announcements

§ Informational publications distributed to the community.

 

4.   Council Planning and Development Control Process

 

4.1.     Development and Planning Approvals

Through the planning and development control functions performed by Council under the EP&A Act, Council plays an important role in assessing and managing land contamination issues. In all circumstances where a site is being considered for a planning proposal or development application Council must consider whether contamination may influence the suitability of the site for its proposed use. In instances where Council considers contamination has the potential to exist on a site due to Council having knowledge of a potentially contaminating land use having occurred on that site or Council otherwise having reasonable grounds for suspecting that the site may be contaminated, Council will require the proponent to undertake investigations to satisfy a certain standard of proof that the contamination does not make the site unsuitable for its approved or proposed uses, or can alternatively be made suitable through remedial actions.

Clause 6 of SEPP 55 has the effect of requiring the consideration of contamination before preparing a planning proposal that would have the effect of zoning or rezoning land. 

As outlined in the SEPP 55 Planning Guidelines the process for considering land contamination issues when assessing planning proposals are:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


Clause 7(1) of SEPP 55 requires that land contamination be considered upon the receipt of a development application in respect of any land.  As outlined in the SEPP 55 Planning Guidelines the process for considering land contamination issues when assessing development applications are:

 

YES,NO,Remediation without consent,Remediation with consent 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


4.2.     Conditions of Consent

Council may grant development consent subject to conditions that require certain actions in respect of contamination to be undertaken.  Such actions may be required to be undertaken prior to the issuing of a construction certificate. In instances where Council considers that contamination may potentially exist at a site, conditions of consent may be imposed that will require that appropriate site investigations and management actions be undertaken (process outlined in Figure 2 in section 5.2 below).

Through these measures Council must be satisfied that the site will be suitable for the purpose for which development is proposed to be carried out.  That is, that contamination at the site will not present an unacceptable risk of harm to human health and the environment. For further information on site investigation and management stages that may be included in conditions of consent see Sections 5 and 6.

A set of standard conditions of consent are provided in Appendix K: Standard Conditions of Consent. 

4.3.     Councils exemption from liability  

Under the provisions of Part 7A of the EP&A Act Council does not incur any liability for things done or omitted to be done in ‘good faith’ whilst performing planning functions specified in section 145B(2) of the EP&A Act, in so far as it relates to contaminated land (including the likelihood of land being contaminated land) or to the nature or extent of contamination of land. The specific planning functions that are afforded such protection are specified in section 145B(2) of the EP&A Act to include:

§ Preparing a planning proposal for a proposed environmental planning instrument

§ Preparing a development control plan

§ Processing and determining development applications

§ Modifying a development consent

§ Processing and determining applications for a complying development certificate

§ Furnishing advice in a certificate under section 149

§ Anything incidental or ancillary to carrying out planning functions listed above

Without limiting any other circumstance in which Council may have acted in ‘good faith’, Council are expressly taken to have acted in ‘good faith’ if the thing was done or omitted to be done by Council substantially in accordance with the SEPP 55 Planning Guidelines. 

Whether or not something done or omitted to be done by Council is ‘substantially in accordance with’ the SEPP 55 Planning Guidelines will not always be clear, particularly given that:

§ in places the SEPP 55 Planning Guidelines uses non-directive language such as ‘should’ or ‘may’;

§ as a guideline, the SEPP 55 Planning Guidelines are inherently not as prescriptive as legislative requirements; and

§ in section 1.1 of the SEPP 55 Planning Guidelines it states that: ‘Obviously they cannot provide a definitive answer in all cases, so planning authorities will also need to exercise their judgement’.

However, in section 1.4 of the SEPP 55 Planning Guidelines it states that: ‘Any significant departure from the Guidelines should be justified by demonstrating that the overall aims and principles have been met.’ 

Also, in Australians for Sustainable Development Inc v Minister for Planning [2011] NSWLEC 33, Biscoe J cautions that the following principle of statutory construction should be applied to the SEPP 55 Planning Guidelines: ‘legislative provisions that exempt government bodies from legal liability as a result of the exercise of statutory power should be narrowly construed and should not “be carried further than a jealous interpretation will allow”’.      

This means that where suggestive rather than directive language is used in the SEPP Planning Guidelines:

§ Council should be cautious in departing from the suggested actions; and

§ where it does choose to depart, Council should demonstrate that the overall aims and principles of the SEPP 55 Planning Guidelines will still be met (noting that the stated purpose of the SEPP Planning Guidelines ‘is to establish “best practice” for managing land contamination through the planning and development control process’).

 

5.   Site Assessment and Remediation Processes

 

5.1.     Site Assessment Process

The purpose of a site assessment during planning and development processes is to determine whether contamination at a site may be significant enough to warrant management actions to make the site suitable for its current or proposed uses, and whether sufficient information is available to carry out the planning function in ‘good faith’.

The SEPP 55 Planning Guidelines prescribes three key segments for site assessment in this context. These include:

a)     Initial Evaluation 

When considering all planning proposals or development applications an internal evaluation is undertaken by Council to identify whether Contamination has the potential to exist at a site, and whether further information is required from the proponent. See 5.3 for outline of process and considerations.

 

b)    Preliminary Investigation

A Preliminary Investigation is a site assessment undertaken by a contaminated land specialist on behalf of the proponent. These site assessments generally comprise a review of a sites land use history and characteristics to identify whether there are indications of contamination at a site and if further investigation is warranted. See 5.4 for outline of process and considerations.

 

c)     Detailed Investigation

This phase of investigation is also undertaken by a suitable contaminated land specialist on behalf of the proponent, to identify the nature, extent and level of contamination that may exist at the site.  Where contamination is considered likely to have occurred at a site the proponent may forgo the preliminary investigation phase and chose to just do a Detailed Investigation. See 5.5 for outline of processes and considerations.

 

5.2.     Site Remediation Process

Where contamination is found to make a site unsuitable for its current or proposed uses remediation works may be required to make the site suitable. Remediation works will often include a series of measures performed by suitably qualified practitioners to either isolate, ameliorate or remove contaminants from the site. Further information on finding a suitably qualified practitioner can be found in Section 7 of these Policy Guidelines.

Remediation Categories

SEPP 55 groups remediation works into two key categories;

-       category 1 remediation work is a remediation work that requires development consent

-       category 2 remediation work is a remediation work that does not require development consent, but which still must be notified to Council prior to the work commencing.

Category 1 Remediation Works

Clause 9 of SEPP 55 specifies the criteria for remediation work that is category 1 remediation work.  A summary of the types of remediation works that classify as a category 1 remediation work are provided in Section 5.13 of the Policy.

Category 2 Remediation Works

All remediation works that do not qualify as Category 1 remediation work are classified as Category 2 remediation work.  Category 2 remediation works do not require consent from a planning authority (see Clause 14 of SEPP 55 for further information and applicability). When undertaking Category 2 remediation works the proponent must, subject to limited exceptions, inform Council of their plans to perform the works at least 30 days prior to its commencement, and upon finishing the works a notice must be provided within 30 days of its conclusion. Further information on Notices that must be provided to Council for Category 2 remediation works can be located in Clause 16-18 of SEPP 55.

 

Figure 2: Contaminated Land Site Assessment Process used during the planning and development control process.

Initial Evaluation
Does Council suspect contamination of existing at the site? 
,Preliminary Investigation 
Does contamination have the potential to exist at the site?
,Detailed Investigation 
Do concentrations of contaminants at the site exceed acceptable levels for proposed land uses? 
,Where contamination is expected at a site the, the proponent may forgo the preliminary stage and go straight to a detailed investigation ,NO,YES,NO,Continue with normal planning processes ,YES,Remedial Action Plan 

,Site Validation 
Where a site has been fully remediated and validated Council should continue with normal planning functions
,Ongoing Monitoring 
Plan must be made to monitor the site. Land use restriction may be necessary. 
,Can the site be fully remediated? ,NO,YES,YES,NO 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


5.3.     Initial Evaluation Process

Prior to exercising all planning and development control functions Council will perform an Initial Evaluation of site contamination to identify whether contamination has the potential to exist at a site and if further more detailed site assessments may be warranted. During the Initial Evaluation process Council will perform an assessment of various forms of factual and reliable information that are readily available to it. This may include a review of:

§ Councils property files and land use records

§ Knowledge of staff and local residents

§ Factual evidence provided by the proponent (See 8.3 for further information)

§ Observable conditions of the site and its surroundings

Appendix D outlines the procedure that Council follow whilst performing an Initial Evaluation of contamination.

5.4.     Preliminary Investigation Review Process

Where an Initial Evaluation identifies that a site has the potential to be contaminated and Council considers that further information is required in order to carry out its planning functions in ‘good faith’, further site investigations are to be undertaken by the proponent to assess whether contamination may influence the suitability of current and proposed land uses at the site. A Preliminary Investigation is often referred to as a Phase 1 Site Investigation and examines a site’s existing conditions and land use history to determine whether contamination could exist and if a more comprehensive site investigation, including sampling, is warranted. This investigation stage must only be undertaken by a suitably qualified contaminated land practitioner (see Clause 5.12 of the Policy for practitioner standards).

A report on the findings of a Preliminary Investigation should include:

§ Appraisal of the site history to identify if the site has been used for contaminating land uses or activities

§ Potential contamination types that may exist at the site

§ Discussion on site conditions and characteristics

§ Preliminary assessment on whether site contamination does or could exist

§ Recommendations on whether further investigations are warranted

Appendix E outlines the procedure that Council follow whilst performing a review of the suitability of a Preliminary Investigation report.

5.5.     Detailed Investigation Review Process

Where contamination is known or considered by Council to likely exist at a site a Detailed Investigation is to be undertaken by the proponent to confirm the presence or absence of contamination. This level of site assessment involves the collection of samples from site soils, air/vapour, groundwater, and other water sources to identify the nature, type and extent of contamination at the site. Information gained from the findings of this investigation can form the basis for remedial actions at this site. This investigation stage must only be undertaken by a suitably qualified contaminated land practitioner as they are defined in the Policy.

A report on the findings of a Detailed Investigation will include:

§ Outline of sampling regime used at the site

§ Analysis of material sampling results against approved threshold levels

§ Summary of the type and extent of contamination found at the site

§ Risks posed by contaminants to human health or the environment

§ Offsite impacts (where applicable)

Appendix F outlines the procedure that Council follow when reviewing the suitability of a Detailed Investigation.

5.6.     Remedial Action Plan (RAP) Review Process

 

If the results of a site assessment indicate that the site poses a risk to human health or the environment if development is carried out for a purpose that is currently or proposed to be permitted on the site, then in determining whether to grant development consent or prepare or make a planning proposal, Council will impose a condition requiring that remediation works must be undertaken to make the site suitable for the proposed uses. Where remediation works are being performed at a site, a condition will require that a RAP must be prepared and implemented.

A RAP is a document that sets out clear strategies for the remediation of land in line with the findings of previous site investigations and any requirements for proposed land uses.  A RAP can only be developed by a suitably qualified contaminated land practitioner as they are defined in the Policy.

A RAP will include:

§ Identification of key stakeholders and responsibilities

§ Outline of remediation objectives that ensure land is left in a state that is suitable for proposed land uses

§ Review of remediation options and determination of preferred approach

§ Summary of all procedures and plans to be executed during the remediation processes

§ Establishment of validation program to be used to demonstrate successful completion of remedial works

§ Inclusion of all necessary statutory approvals and licences required to be obtained to carry out the remediation work

§ Protocol for managing unexpected findings

Appendix G outlines the procedure that Council will follow when reviewing the suitability of a RAP.

Note: Schedule B1 of the National Environmental Protection Measures (NEPM) specify concentrations of chemical substances that may exist in the landscape before an investigation is triggered.  Depending on the land use type these concentrations may differ, for instance arsenic may exist on residential sites at concentrations of up to 100ppm, whereas on commercial or industrial sites arsenic may be present at levels of up to 3000ppm. When remediating a site a contaminated land practitioner will typically aim to reduce the concentrations of relevant contaminants to concentrations below the NEPM levels.

Typically when assessing the suitability of a new land use, or when setting site remediation objectives, the contaminated land practitioner will aim to bring contaminant levels to below thresholds specified in the NEPM. However in some environments a practitioner may judge that due to the way a site is used levels can exceed what is outlined in the NEPM without placing undue risk on human health or the environment. In these circumstances Council must make sure that principals and reasoning behind variations are suitable. Land use restrictions may be considered for sites that have been granted adjusted thresholds, to limit future uses that may increase exposure.

5.7.     Validation Report Review Process

All remediation works must be validated to demonstrate that the RAP objectives have been achieved. During the site validation process, post-remediation sampling will be undertaken at the site, and the results analysed to statistically confirm remedial outcomes. In cases where the remediation objectives have not been achieved through the remedial actions performed at the site, the validation report will provide an overview of the reasons why and will propose additional site works that should be undertaken to achieve the original RAP objectives. Site validation can only be conducted by a suitably qualified contaminated land practitioner as they are defined in the Policy.

The validation report should also include information confirming that relevant licence conditions and approvals have been met. In particular, documentary evidence is needed to confirm that any disposal of contaminated materials off-site is done in accordance with the RAP and with law.

Appendix H outlines the procedure that Council follow when reviewing the suitability of a Validation Report.

5.8.     Ongoing Site Monitoring

Where it is not feasible to achieve a complete clean-up of a site, or contamination is managed through isolation and containment, an ongoing Site Monitoring Plan may be required to monitor the risks of contamination spreading or impacting upon the site.

Ongoing monitoring plans should include:

§ Proposed monitoring strategies

§ Parameters to be monitored

§ Monitoring Locations

§ Frequency of monitoring

§ Reporting requirements.

Appendix I outlines the procedure that Council follow when reviewing the suitability of a Site Monitoring Plan.

5.9.     Site Management Plans

 A Site Management Plan (SMP) is required when contamination is to remain on site. The SMP should be developed in consultation with Council to determine that it can be reasonably complied with and enforced. It should make provisions for Council to carry out checks of relevant compliance.

Further information of the use and need for an SMP can be found in section 3.4.6 Environmental management plans in the Guidelines for the NSW Site Auditor Scheme (2nd edition) (DEC NSW 2006).

Council may charge a fee for inspections or other services in relation to the monitoring of compliance of the SMP in accordance with provisions of the Local Government Act 1993.

Any SMP should be provided to Council along with any other report that recommends such a plan. The existence of an SMP that has been provided to Council will be noted on s149 planning certificates and included in relevant Council records.

Where there is an SMP, and where Council is able to do so, a standard condition of consent will require the registration of a covenant on title requiring compliance with the SMP. This shall be a standard condition of consent for all development applications and Category 1 remediation where there is an SMP. It is a requirement relating to the conduct of Category 2 remediation under this policy.

Council will endeavour to have any SMP that Council is aware of, or relating to a consent condition predating this policy, registered on title by the land owner or relevant party.

6.   Site Assessment and Remediation Processes

 

6.1.     What is a Site Audit?

The EPA administered Site Auditor Scheme has been developed to improve access to competent technical advice and increase certainty in the assessment and remediation of contaminated sites. Accredited Site Auditors are able to independently review any or all stages of the site investigation process, remediation and validation works performed by contaminated land practitioners to ensure that they meet relevant legislation and guidelines. Council will request a site audit by an accredited Site Auditor in all circumstances where Clause 5.10 of the Policy applies. 

The key products of a site audit are a site audit statement and site audit report. The site audit statement is the written opinion of a Site Auditor on the essential findings of the audit. Depending on the kind of site audit statement that is sought, this may include a statement on the suitability of a practitioner’s works and whether a site is appropriate for its current or proposed uses. A site audit report forms the basis of the site audit statement and is a comprehensive report outlining all of the site auditor’s assessments, rationale, and conclusions.

Site audits can be classified as either statutory or non-statutory. In cases where a site audit is required by Council or another government agency as a condition of development consent or as a requirement imposed by or under an Act, the site audit is considered statutory. Where a proponent chooses to undertake a site audit without a legal requirement to do so, (eg. at the request of a developer on a consultants work) the site audit is considered non-statutory. For all statutory site audits, or where a site audit statement is required, an accredited Site Auditor must be used. Where a non-statutory site audit has been undertaken a copy of the site audit report must be provided to Council upon request.   

A site audit statement must be provided to Council in all instances where a statutory site audit has been performed.

6.2.     Enacting a Site Audit

Where Council determine that a site audit is necessary the proponent will be provided with an official notice from Council stating that a site audit must be undertaken in accordance with Section 5.10 of the Policy. This notice will provide the audits scope, rationale of why it is being requested, and if applicable the timeframe that it is to be commissioned within by the proponent.

Alternatively, in certain circumstances Council may grant development consent with conditions of consent outlining a requirement that a site auditor be engaged to review any or all stages of the contaminated land site assessment and remediation process.

A list of accredited Site Auditors is provided on the EPA’s Site Auditor Webpage.

 

6.3.     Review of Works by Other Suitably Qualified Contaminated Land Practitioner

In some instances a suitably qualified contaminated land practitioner may be used to independently review and verify a practitioner’s works. These reviews may only be undertaken in place of a site audit where a statutory site audit is not required.

Council may request this review at any stage during the assessment, remediation or validation process where a contaminated land practitioner’s work needs to be confirmed.

Where Council identify that a practitioner used by the proponent does not adhere to Section 5.11 of Policy ‘Contaminated Land Practitioner Standards’, an independent review may be undertaken by another suitably qualified practitioner to validate works that have been performed.

7.   Contaminated Land Practitioners

 

7.1.     Contaminated land practitioners and accreditation standards

Contaminated land practitioners are specialist professionals that have competencies and skills in assessing and managing contamination issues. As contaminated sites can exist in diverse variety forms and at varying levels of technical complexity it is essential that the practitioner has the appropriate competencies needed to undertake the works. No one practitioner should be considered suitable for every job in this field and practitioners should be chosen with care. Section 5.12 of the Policy provides an outline of practitioner qualification standards required by Nambucca Shire Council.

To promote sound industry practice various EPA supported professional accreditation schemes have been developed over recent years to distinguish ethically and professionally competent contaminated land practitioners. These schemes require members to have high standards of experience, tertiary qualifications and sustained regime of professional development to stay up to date with changes within the industry. In accordance with Section 5.12 of the Policy all contaminated land practitioners performing work for Council’s consideration must be accredited under an EPA supported professional accreditation scheme as of 1 April 2018. 

Professional accreditation schemes currently include:

§ Site Contamination Practitioners Australia (SCPA)

Practitioner must have a degree in the field, at least 5 years of experience in the specific area of works, and 50hrs per year of professional development

§ Contaminated Land Assessment Specialist - Certified Environmental Practitioners (CEnvP)

Practitioner must have a degree in the field, three industry references, 10 years of full time professional experience in the field over the past 15 years, be classified as an ethical practitioner, and committed to ongoing training.

7.2.     Finding a suitable contaminated land practitioner

To find suitable practitioners the following method may be used:

§ Conduct an online search for contaminated land practitioners in your area or region

Search term ‘contaminated land consultant’ – (insert area name); or

Search term ‘Occupational Hygienist’  for matters involving asbestos or clan labs – (insert area name)

§ Conduct a search of the yellow pages for environmental consultants

§ Contact professional association for details on suitable members. Associations include:

Australian Contaminated Land Association

Australian Institute of Geoscientists

Australasian Land and Groundwater Association

Australian Society of Soil Science

Environment Institute of Australia and New Zealand

International Association of Hydrogeologists (Australian Chapter)

Consult Australia

Engineers Australia

§ Refer to SCPA and CEnvP webpage for list of practitioners accredited under these schemes

§ Consult other entities, or people who may have undergone similar works

§ Undertake an expression of interest.

 

8.   Reporting and Submission Standards

 

8.1.     Submitting contaminated land reports, plans and formal advice

All contaminated land reports, plans or formal advice provided to Council for consideration when undertaking planning, land management and regulatory functions, must adhere to the processes and standards of these Policy Guidelines, as well as the:

§ Nambucca Shire Council Contaminated Land Policy

§ SEPP 55 Remediation of Lands

§ SEPP 55 Planning Guidelines

§ EPA Guidelines for  Reporting on Contaminated Sites

§ Other key Legislation, Regulation, Policy and Guidelines (see Appendix C).

All contaminated land reports provided to Council must not have liability exclusions that prevent Council from relying on the information provided for carrying out its functions including maintaining and sharing information in accordance with the Policy or the Policy Guidelines.

Reports provided to Council should contain factual information and avoid subjective opinion, language or analysis that has the potential to mislead Council or a third party to whom the report may be disclosed under s149(5) of the EP&A Act.

8.2.     Cover letters to accompany submissions

In accordance with Section 5.12 of the Policy all submissions provided to Council must be accompanied by a cover letter providing the contact details, relatable experience and professional references of the contaminated land practitioners who undertook the works. All submissions that are not accompanied by an appropriate cover letter will be refused by Council.

8.3.     Standards of information that can be accepted by Council from proponents?

Council will only accept information or evidence provided by a proponent that is considered factual and reliable. This may include:

§ Formal reports, plans or statements undertaken by a contaminated land practitioner at the site, current or historic.

§ Official correspondence between proponent and NSW government agencies regarding contamination or absence thereof at the site.

§ A statutory declaration from a reliable source that has direct and extensive knowledge of the site’s history.

§ Site images, topographic maps and other illustrative evidence that can be accurately dated.

 

9.    Contaminated Land Information Management

 

9.1.     Recording and management of contaminated lands information

Information kept by local government on land contamination can be an important resource for Council when performing planning, land management and regulatory activities, to ensure that Council identifies and responds to contamination at the earliest possible instance. To ensure the effectiveness of these records Council strive to maintain accurate, reliable and up-to date information on potential and known sites, in accordance with the MIDROC Contaminated Land Information Management Strategy 2016 and the Policy. A list of the types of information that Council will retain in its information system are outlined in Clause 5.14 of the Policy.  

9.2.     Section 149 Planning Certificates

Section 149 Planning Certificates are documents issued under Section 149 of the EP&A Act that contain information in relation to a property’s zoning, planning controls and restrictions on development.

Council is obliged to provide certain information on the Section 149 Planning Certificate as specified in Schedule 4 of the Environmental Planning and Assessment Regulations 2000 (NSW) and section 59 of the CLM Act. That is:

a)     clause 7, Schedule 4 of the Environmental Planning and Assessment Regulations 2000 (NSW) requires that the certificate identify whether or not the land is affected by any policy (adopted by Council or by a public authority for the express purpose of its adoption being referred to in Section 149 Planning Certificates issued by Council) that restricts the development of land because of the likelihood of any risk; and 

b)    section 59 of the CLM Act requires that the certificate address the specific matters relating to the management of contaminated land set out in that section.

Contaminated land information kept by Council shall be provided in s149 Planning Certificates requested pursuant to section 149(2) and section 149(5) of the EP&A Act in accordance with the standards outlined in Section 5.14.1 of the Policy.

Appendix J provides a set of standard Section 149 planning certificate notations that Council may use.

10. Preventing Contamination

Measures to prevent contamination at its source can help to reduce future contamination and the need for remedial actions. Once contamination has been detected, environmental damage may have occurred and clean-up bills could be high. Therefore, future economic consequences of contamination play a part in the current motivation for prevention.

A pro-active approach which ensures that the potential for contamination is reduced or that it does not occur must be linked to the nature of an activity on a particular site. Contamination of land may often be associated with new developments involving potentially contaminating activities. Such activities may result in accidental releases of chemicals to land which in turn will render the land contaminated. When assessing the suitability of a land use change Council will consider the following:

1.     Does the proposal include a land use where a hazardous substance will be applied, stored, handled or disposed of on the site?

2.     Can the land use or process be altered to eliminate the potential for land contamination to develop?

3.     Are the management controls and responsibilities outlined in sufficient detail in the proposal and are they appropriate?

4.     Is an Environmental Management Plan required?

5.     For development applications, are appropriate conditions of consent able to be imposed to ensure potentially contaminating land uses are being monitored and managed over time?

 


 

Appendix A: Abbreviations

ANZECC

Australian and New Zealand Environment and Conservation Council

CLM Act

Contaminated Land Management Act 1997

DA

Development Application

DCP

Development Control Plan

DP&E

Department of Planning & Environment

EPA

Environment Protection Authority

EP&A Act

Environmental Planning and Assessment Act 1979

ESD

Ecological Sustainable Development

LEP

Local Environment Plan

NEHF

National Environmental Health Forum

POEO Act

Protection of the Environment Operations Act 1997

RAP

Remedial Action Plan

SEPP 55

State Environmental Planning Policy No. 55 – Remediation of Land

Table 1

Table 1 - Some Activities that May Cause Contamination

UST

Underground Storage Tanks

UPSS

Underground Petroleum Storage Tanks

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Appendix B: Definitions

Category 1 remediation work 

has the same meaning as in SEPP55, and is remediation work that needs development consent

Category 2 remediation work

has the same meaning as in SEPP55, and is remediation work that does not need development consent

CLM Act

means the Contaminated Land Management Act 1997 (NSW) as amended from time to time.

Contamination of land

depending on the context:

has the same meaning as in section 5(1) of the CLM Act, being the presence in, on or under the land of a substance at a concentration above that normally present in, on or under the land in the same locality, being a presence that presents a risk of harm to human health or any other aspect of the environment, and “Contaminate” and “Contaminated” are to be construed accordingly.  The words “land”, “harm” and “environment” are defined as in the CLM Act.

OR

has the same meaning as in section 145A of the EP&A Act, being  land in, on or under which any substance is present at a concentration above the concentration at which the substance is normally present in, on or under (respectively) land in the same locality, being a presence that presents a risk of harm to human health or any other aspect of the environment.  The words “land” and “environment” are defined as in the EP&A Act.

Detailed investigation

means an investigation to define the extent and degree of contamination, to assess potential risk posed by contaminants to health and the environment, and to obtain sufficient information for the development of a remedial action plan if required.

EP&A Act

means the Environmental Planning and Assessment Act 1997 (NSW) as amended from time to time.

Independent review

means an evaluation by an independent expert required by a planning authority of any information submitted by a proponent, conducted at the proponent’s expense.

Initial evaluation

means an assessment of readily available factual information to determine whether contamination may be an issue relevant to the decision being made.

Preliminary investigation order

means a preliminary investigation order issued by the EPA under s 10 of the CLM Act to investigate whether specified land is Contaminated, and the nature and extent of any such Contamination.

Notice of completion

means a notice to the Council (or Minister for Planning where the Minister is the consent authority) in accordance with SEPP 55 that remediation work has been completed.

Notification of remediation

means prior notice of a category 2 remediation work given to the Council in accordance with SEPP 55.

Planning authority

means a public authority or other person responsible for exercising a planning function.

Planning Certificate

means a planning certificate issued under s149 of the EP&A Act.

Planning function

means a function exercised by the Council as a planning authority under the EP&A Act, including the functions listed in s145B EP&A Act such as the preparation or making of an environmental planning instrument and the determination of a development application.

Preliminary investigation

means an investigation to identify any past or present potentially contaminating activities and to provide a preliminary assessment of any site contamination.

Remedial Action Plan

means a plan which sets remediation goals and documents the process to remediate a site.

Management Order

means a management order issued by the EPA under section 14 of the CLM Act, requiring the carrying out of specified actions in relation to the management of contaminated land (including remediation).

Significantly Contaminated Land

means a site declared by the EPA under section 11 of the CLM  Act to be significantly contaminated land.

Remediation 

has the same meaning as in the CLM Act and includes:

(a)  preparing a long-term management plan (if any) for the land;

(b)  removing, dispersing, destroying, reducing, mitigating or containing the contamination of the land; and

(c)   eliminating or reducing any hazard arising from the contamination of the land (including by preventing the entry of persons or animals on the land).

SEPP 55

means the State Environmental Planning Policy No 55 – Remediation of Land

Site audit

has the same meaning as in the CLM Act, being a review:

(a)  that relates to management (whether under this Act or otherwise) of the actual or possible contamination of land; and

(b)  that is conducted for the purpose of determining any one or more of the following matters:

i.      the nature and extent of any contamination of the land,

ii.     the nature and extent of any management of actual or possible contamination of the land,

iii.    whether the land is suitable for any specified use or range of uses,

iv.   what management remains necessary before the land is suitable for any specified use or range of uses,

v.    the suitability and appropriateness of a plan of management, long-term management plan or a voluntary management proposal.

Site auditor

has the same meaning as in the CLM Act, being a person accredited by the EPA under the CLM Act to conduct site audits.

Site audit statement

means a site audit statement issued by a site auditor in accordance with Part 4 of the CLM Act.

Site audit report

means a report prepared by a site auditor containing the key information and the basis of consideration which leads to the issue of a site audit statement.

Site history

means a land use history of a site which identifies activities or land uses which may have contaminated the site, establishes the geographical location of particular processes within the site, and determines the approximate time periods over which these activities took place. See (Edwards et al 1994)

Site investigation process

means the process of investigating land which may be, or is, contaminated, for the purpose of providing information to a planning authority.

Validation

means the process of determining whether the objectives for remediation and any conditions of development consent in relation to the remediation have been achieved.

 

 

 

 

 

Appendix C: Legislation, Regulation, Policy and Guidelines Relevant to the Management of Contaminated Land Matters

 

Acts

§ Environmental Planning and Assessment Act 1979

§ Contaminated Land Management Act 1997

§ Protection of Environmental Operations Act 1997

§ Local Government Act 1993

§ NSW Health and Safety Act 2011

 

Regulation

§ Environmental Planning and Assessment Regulation 2000

§ Protection of the Environment Operations (General) Regulation 2009

§ Protection of the Environment Operations (Waste) Regulation 2014

§ Protection of the Environment Operations (Clean Air) Regulation 2010

§ Protection of the Environment Operations (Underground Petroleum Storage Systems) Regulation 2014

§ NSW Health and Safety Regulation 2011

Policy

§ State Environmental Planning Policy No. 55 – Remediation of Land

§ State Environmental Planning Policy No. 55 – Planning Guidelines 1998

§ State Environmental Planning Policy (Exempt and Complying Development Codes) 2008

 

Others

§ Nambucca Local Environmental Plan 2010

§ Nambucca Development Control Plan 2010

§ EPA guidelines

 

 

 

 

 

 

 

 

 

 

 

Appendix E: Initial Evaluation Procedure

The process that Council employs to undertake an Initial Evaluation should include:

1.      Review of previous contaminated land investigations

a.     Are Council aware of previous contaminated land investigations undertaken at the site? This may include site investigations undertaken outside of the planning and development process that have been provided to Council as part of the planning applications.  

i.  No – Go to question 2

ii. Yes – Go to 1b

b.     Were the investigations undertaken by a suitably qualified contaminated land specialist?

i.  No – Investigation and its findings should be considered as not suitable to base planning decisions.

If contamination was identified during the assessment then further investigation is warranted and conditions of consent must be put in the determination requiring further investigation of contamination at the site. 

If no contamination was found then go to question 2.

ii. Yes – Go to 1c

c.     Did the investigation find contamination that has the potential to make the site unsuitable for its proposed uses?

i.  No – Go to question 1d

ii. Yes – Conditions of consent must be put in the determination requiring further investigation of contamination at the site.

d.     Are Council aware of land use activities that have been undertaken at the site since the investigation that have the potential to cause contamination (eg. storage, dumping, manufacturing or application of hazardous substances? See Appendix D of the Policy for a list of contaminating land uses)?

i.  No – Go to question 2

ii. Yes - Conditions of consent must be put in the determination requiring further investigation of contamination at the site.

2.      Review of Council land use records

a.     Are there thorough records kept by Council on the site’s previous land uses?

i.  No – Conditions of consent must be put in the determination requiring further investigation of contamination at the site.

ii. Yes – Go to question 2b.

b.     Has the site been used for a potentially contaminating land use? See Appendix D of the Policy for list of potentially contaminating land uses.

i.  No – Go to question 3

ii. Yes - Conditions of consent must be put in the determination requiring further investigation of contamination at the site.

3.      Consideration of zoning

a.     Was the site ever zoned for industrial, agricultural or defence purposes?

i.  No – Go to question 4

ii. Yes – Conditions of consent must be put in the determination requiring further investigation of contamination at the site.

4.   Current use of land in and around the site

a.     Is the site currently used for an activity or land use that is listed in Appendix D of the Policy?

i.  No – Go to question 4b

ii. Yes – Conditions of consent must be put in the determination requiring further investigation of contamination at the site.

b.     Is there an Underground Petroleum Storage System within 50m of the site?

i.  No – Go to question 4c

ii. Yes – Conditions of consent must be put in the determination requiring further investigation of contamination at the site.

c.     Is the land neighbouring the site used for land uses listed in Appendix D of the Policy

i.  No – Go to question 5

ii. Yes – A visual site inspection should be undertaken at the site to identify whether contamination sources have the potential to impact upon the site. See site inspection checklist for further information.

iii.      Where the reviewer is unsure or considers contamination to be present appropriate conditions of consent must be put in the determination requiring further investigation of contamination at the site.

5.   Regulations on land uses or activities at the site

a.     Are Council aware of any current or past land uses restrictions placed on the site due to the presence of contamination? This may include sites that have been restricted for use by the EPA or other government agencies?

i.  No – Go to question 6

ii. Yes – Council should contact the relevant government agency to discuss the suitability of the planning proposal or development application. 

Conditions of consent must be put in the determination requiring further investigation of contamination at the site.

6.   Site inspection to identify potential land contamination matters at a site

a.     A visual site inspection should be undertaken by Council where:

i.  Information provided by a proponent about the presence or absence of contamination is able to be confirmed by a visual inspection.

ii. The site is used for a land use type that may be associated with the application, storage and handling of hazardous substances.

iii.      Unapproved development has taken place, to review whether certain contaminating activities have taken place (eg use of uncertified fill materials, unapproved removal of asbestos structures, releases of hazardous materials on site).

iv.      Pathways exist between contamination on surrounding lands and the site.

v. All other instances where Council suspect contamination may be a factor at a site

b.     Where a site contains observable indicators of contamination or is seen to be used for activities that have the potential cause contamination, then appropriate conditions of consent must be put in the determination requiring further investigation of contamination at the site.

If after carrying out an initial evaluation of a site there is no indications that the site may be contaminated then the planning process is to proceed in the normal way.

 

 

 

 

 

 

Appendix E: Preliminary Investigation Report Review Procedure

When reviewing a Preliminary Investigation Report Council should follow the below process:

1.     Was the investigation and report undertaken/overseen by an appropriate Contaminated Land Practitioner in accordance with the requirements of the Nambucca Shire Council Policy?

a.     No - Report is to be disregarded.

The proponent may choose to have the investigation and report independently reviewed and verified by a suitably qualified Contaminated Land Practitioner or accredited Site Auditor. Council will accept reports that have been independently reviewed and verified.

b.     Yes - Go to question 2

2.     Review of site history

a.     Does the report include

§ A section on site history

§ Verifiable information that was gained from reliable sources

§ Detailed information on land uses that is clear and comprehensive

i.  No – The report is to be refused. The proponent may request that the contaminated land practitioner make updates in line with Council’s comments.

ii. Yes – Go to question 3

3.     Review of Site characteristics

a.     Does this report include

§ Information on a sites current conditions and settings

§ Geological and hydrological characteristics of the site

§ Assessment of surrounding environment

§ Outline of material sampling results if undertaken

i.    No – The report is to be refused. The proponent may request that the contaminated land practitioner make updates in line with Council’s comments.

ii.   Yes – Go to question 4

4.     Conclusion and recommendations

a.     Does this report include

§ Summary of the findings of the investigation

§ Statement of limitations and uncertainties

§ Clear statement on the conclusion of the investigation

§ Recommendations section stating further works that should be undertaken, if applicable

i.      No – The report is to be refused. The proponent may request that the contaminated land practitioner make updates in line with Council’s comments.

ii.     Yes – Report should be accepted by Council.

Further information on the scope and type of information that should be provided in a preliminary investigation can be found in the EPA Guidelines for Reporting on Contaminated Sites as well as in the SEPP 55 Planning Guidelines.

 

 

 

Appendix F: Detailed Investigation Report Review Procedure

When reviewing a Detailed Investigation Report Council should follow the below process:

1.     Was the investigation and report undertaken/overseen by an appropriate Contaminated Land Practitioner in accordance with the requirements of the Nambucca Shire Council Policy?

a.     No - Report is to be disregarded.

The proponent may choose to have the investigation and report independently reviewed and verified by a suitably qualified Contaminated Land Practitioner or accredited Site Auditor. Council will accept reports that have been independently reviewed and verified.

b.     Yes - Go to question 2

2.     Responds to issues raised in preliminary investigation (if one was undertaken)

a.     No – The report is to be refused. The proponent may request that the contaminated land practitioner make updates in line with Council’s comments.

b.     Yes – Go to question 3

3.     If no preliminary investigation was undertaken does the report include:

a.     Detailed information on the location, conditions and characteristics of the site

b.     Information on the sites history and past land uses including contamination sources and potential types

i.  No – The report is to be refused. The proponent may request that the contaminated land practitioner make updates in line with Council’s comments.

ii. Yes – Go to question 4

4.     Site sampling and analysis processes

a.     Does the report include

§  Sampling, analysis and data quality objectives

§  Rationale behind sampling regime used at the site

§  Detailed description of sample collection methods used by practitioner

i.  No – The report is to be refused. The proponent may request that the contaminated land practitioner make updates in line with Council’s comments.

ii. Yes – Go to question 5

5.     Analysis of contamination and recommendations

a.     Does this report include

§ Review of field and laboratory qualify assurance and qualify control data against set data quality objectives

§ Summary of results outlining the type, extent and level of contamination present

§ Descriptions of risks that the contamination poses to human health and the environment

§ Clear statement on whether a RAP is required

i. No – The report is to be refused. The proponent may request that the contaminated land practitioner make updates in line with Council’s comments.

iii.   Yes – Report should be accepted by Council.

Further information on the scope and type of information that should be provided in a detailed investigation can be found in the EPA Guidelines for Reporting on Contaminated Sites as well as in the SEPP 55 Planning Guidelines.

 

Appendix G: Remedial Action Plan Review Procedure

When reviewing a RAP Council should follow the below process:

1.   Was the RAP prepared by an appropriate Contaminated Land Practitioner in accordance with the requirements of the Nambucca Shire Council Policy?

b.     No - RAP is to be disregarded.

The proponent may choose to have the RAP independently reviewed and verified by a suitably qualified Contaminated Land Practitioner or accredited Site Auditor. Council will accept RAP’s that have been independently reviewed and verified.

c.     Yes - Go to question 2

2.   Does the RAP include the following information:

a.   Remediation goals

b.   Outline of the extent of remediation required

c.    Discussion of possible remedial options and how risk can be reduced

d.   Rationale for the selection of recommended remedial option

e.   Proposed testing to validate the site after remediation

f.    Contingency plan if the selected remedial strategy fails

g.   Interim site management plan (before remediation), including e.g. fencing, erection of warning signs, stormwater diversion

h.   Site management plan (operation phase):

i.    Site stormwater management plan

ii.   Soil management plan

iii.  Noise control plan

iv.   Dust control plan, including wheel wash (where applicable)

v.    Odour control plan

vi.   Occupational health and safety plan

i.    Remediation schedule

j.    Hours of operation

k.    Contingency plans to respond to site incidents, to obviate potential effects on surrounding environment and community

l.    Identification of regulatory compliance requirements such as licences and approvals

m.  Names and phone numbers of appropriate personnel to contact during remediation

n.   Community relations plans, where applicable

o.   Staged progress reporting, where appropriate

p.   Long-term site management plan.

b.     No – The report is to be refused. The proponent may request that the contaminated land practitioner make updates in line with Council’s comments.

c.     Yes – RAP should be accepted by Council.

Further information on the scope and type of information that should be provided in a RAP can be found in the EPA Guidelines for Reporting on Contaminated Sites as well as in the SEPP 55 Planning Guidelines.

 

 

 

Appendix H: Validation Report Review Procedure

When reviewing a Validation Report Council should follow the below process:

1.      Was the Validation assessment and report undertaken/overseen by an appropriate Contaminated Land Practitioner in accordance with the requirements of the Nambucca Shire Council Policy?

b.     No - Report is to be disregarded.

The proponent may choose to have the investigation and report independently reviewed and verified by a suitably qualified Contaminated Land Practitioner or accredited Site Auditor. Council will accept reports that have been independently reviewed and verified.

c.     Yes - Go to question 2

2.      Does the Validation report include the following:

§ An appropriate rationale and justification for the validation strategy

§ Validation sampling and analysis plan

§ Statistical confirmation that the remediated site complies with the clean-up criteria set for the site (if achieved)

§ Where the targets have not been achieved, reasons for such failure must be stated and additional site work should be proposed that will achieve the original objectives (if further remediation is practical)

§ Verification of compliance with regulatory requirements including a copy of all licences, approvals and development consents that apply

§ Provision of a clear statement on the suitability of a site proposed site use

a.     No - Report is to be disregarded.

The proponent may choose to have the investigation and report independently reviewed and verified by a suitably qualified Contaminated Land Practitioner or accredited Site Auditor. Council will accept reports that have been independently reviewed and verified.

b.     Yes – The validation report should be accepted by Council. As required under SEPP 55 a notice of completion should be provided to Council stating that remediation works have been completed.

 

Further information on the scope and type of information that should be provided in a validation report can be found in the EPA Guidelines for Reporting on Contaminated Sites as well as in the SEPP 55 Planning Guidelines.

 

 

 

 

 

 

 

 

 

Appendix I: Ongoing Monitoring Report Review Procedure

When reviewing an Ongoing Monitoring Report Council should follow the below process:

1.     Was the Validation assessment and report undertaken/overseen by an appropriate Contaminated Land Practitioner in accordance with the requirements of the Nambucca Shire Council Policy?

d.     No - Report is to be disregarded.

The proponent may choose to have the investigation and report independently reviewed and verified by a suitably qualified Contaminated Land Practitioner or accredited Site Auditor. Council will accept reports that have been independently reviewed and verified.

e.     Yes - Go to question 2

2.     Are Council satisfied that further remediation works are not practical at the site?

a.     No – Council should consider having a Site Auditor or other suitably qualified Contaminated Land Practitioner to review merits of this plan.

b.     Yes - Go to question 3

3.     Does the report include the following information:

§ Monitoring strategy

§ Parameters to be monitored

§ Monitoring locations

§ Frequency of monitoring

§ Reporting requirements

a.     No – Report is to be disregarded

The proponent may choose to have the investigation and report independently reviewed and verified by a suitably qualified Contaminated Land Practitioner or accredited Site Auditor. Council will accept reports that have been independently reviewed and verified.

b.     Yes - Go to question 4

4.     Does Council consider the monitoring program to be adequate?

a.     No – Report is to be disregarded

The proponent may choose to have the investigation and report independently reviewed and verified by a suitably qualified Contaminated Land Practitioner or accredited Site Auditor. Council will accept reports that have been independently reviewed and verified.

c.     Yes – The Ongoing Monitoring Report should be accepted by Council.

Further information on the scope and type of information that should be provided in an ongoing monitoring report can be found in the EPA Guidelines for Reporting on Contaminated Sites as well as in the SEPP 55 Planning Guidelines.

 

 

 

 

 

 

 

Appendix J: Section 149 Planning Certificate Standard Notations

This Appendix provides information that council may add to a Planning Certificates issued under Section 149(2) and 149(5) of the EP&A Act. 

Section 149(2) Planning Certificates

In accordance with the This Policy recommends that wherever relevant the following standard notation should be added to 149(2) Planning Certificates:

1.     Where Council has received a Site Audit Statement that relates to the land

‘Council has received a Site Audit Statement that relates to the land.’

2.     Where the site has not been regulated by the CLM Act

‘The land to which this certificate relates is not presently subject to regulation under the Contaminated Land Management Act 1997.’

3.     Where the site has been declared significantly contaminated under the CLM Act

‘The land to which this certificate relates is significantly contaminated land under the Contaminated Land Management Act 1997.’

4.     Where the site is subject to a management order under the CLM Act

‘The land to which this certificate relates is subject to a management order under the Contaminated Land Management Act 1997.’

5.     Where the land is subject to a voluntary management proposal under the CLM Act

‘The land to which this certificate relates is subject to an approved voluntary management proposal under the Contaminated Land Management Act 1997.’

6.     Where the land is subject to an ongoing maintenance order under the CLM Act

‘The land to which this certificate relates is subject to an ongoing maintenance order under the Contaminated Land Management Act 1997.’

7.     Where the land has been, but is no longer declared  significantly contaminated under the CLM Act

‘The land to which this certificate relates was, but is no longer significantly contaminated land under the Contaminated Land Management Act 1997.’

8.     Where the land has been, but is no longer subject to a  management order under the CLM Act

‘The land to which this certificate relates was, but is no longer subject to a management order under the Contaminated Land Management Act 1997.’

9.     Where the land has been, but is no longer subject to a voluntary management proposal under the CLM Act

‘The land to which this certificate relates was, but is no longer subject to an approved voluntary management proposal under the Contaminated Land Management Act 1997.’

10.  Where the land has been, but is no longer subject to an ongoing maintenance order under the CLM Act

‘The land to which this certificate relates was, but is no longer subject to an ongoing maintenance order under the Contaminated Land Management Act 1997.’

Section 149(5) Planning Certificates

This Policy recommends that wherever relevant the following standard notation should be added to 149(5) Planning Certificates:

‘Council are aware that the lands to which this certificate relates is or has the potential to be affected by land contaminated. Contact Council for further information.’

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Appendix K: Standard Conditions of Consent

This Appendix provides a set of standard conditions of consent that council may consider using in development consents

Development Applications for contaminated sites

Request for information:

‘Prior to determination of development application if additional information is required, one or more of the following may be relevant.’

Site History

‘A review of the historical land uses of the site is requested to ensure that any activities that have the potential to cause land contamination are identified. Council requests that this information be forwarded with a statutory declaration by any person furnishing relevant information declaring that the information is true and complete to the best of their knowledge.

Where a potentially contaminating activity is identified, a relevant contaminated site investigation will be required and shall be carried out in accordance with Council’s Contaminated Land Policy, the Managing Land Contamination Planning Guideline (1998), relevant EPA Guidelines and the Assessment of Site Contamination NEPM (1999 as amended 2013). Please note the requirements specified in Council’s policy for consultants reporting and for Site Audits.’

Preliminary investigations

A preliminary contaminated site investigation is required to be submitted prior to further assessment of DA Number/year. The preliminary investigation shall be carried out in accordance with Council’s Contaminated Land Policy, the Managing Land Contamination Planning Guideline (1998), relevant EPA Guidelines and the Assessment of Site Contamination NEPM (1999 as amended 2013). Please note the requirements specified in Council’s policy for consultants reporting and for Site Audits.

Detailed investigations

‘A detailed contaminated site investigation is required to be submitted prior to further assessment of DA Number/year. The detail Investigation shall be carried out in accordance with Council’s Contaminated Land Policy, the Managing Land Contamination Planning Guideline (1998), relevant EPA Guidelines and the Assessment of Site Contamination NEPM (1999 as amended 2013). Please note the requirements specified in Council’s policy for consultants reporting and for Site Audits.’

Recommended Condition where development will destroy evidence of potential contamination in an area of the site:

‘Prior to any works commencing on the site a photographic survey and oral history of the use of the land may be required is to be submitted to Council for its records.’

Recommended Conditions for Deferred Commencement or prior to Construction Certificate:

‘The following conditions may be applied to ensure that the land is remediated in accordance with the development proposal and the information provided in relevant contamination assessments. Each application will be considered on its merit and the use, or modification, of any of the standard condition is at the discretion of Council in each circumstance. Conditions may be tailored to meet the specific circumstance of the development.

The use of deferred commencement is strongly advised if there is any doubt that the remediation will be entirely successful.’

Remediation Action Plans

‘A Remediation Action Plan (RAP) is to be prepared that addresses the contamination identified in [report(s) details Title, Author, Date ] and sets out how site can be made suitable for its intended use including methodology, clean-up criteria and validation procedures. The RAP must be prepared in accordance with Council’s Contaminated Land Policy, the Managing Land Contamination Planning Guideline (1998), relevant EPA Guidelines and the Assessment of Site Contamination NEPM (1999 as amended 2013). Please note the requirements specified in Council’s policy for consultant’s reporting and for site audits.

[A Site Audit statement stating that the land CAN BE MADE SUITABLE (Section B) for the proposed development as [insert SAS land use category of the development] land use shall be provided to Council. Please note the requirements specified in Council’s policy for site audits.]

[Any remediation carried out prior to commencement is subject to the requirements to either obtain consent or notify Council in accordance with SEPP 55 and Council’s policy.]’

Validation

‘A validation report shall be provided to Council along with the summary report and notice of completion required under clause 17(2) of SEPP 55 to confirm that the remediation has been completed generally in accordance with the RAP and that the site is suitable for the development. The validation report must be prepared in accordance with Council’s Contaminated Land Policy, the Managing Land Contamination Planning Guideline (1998), relevant EPA Guidelines and the Assessment of Site Contamination NEPM (1999 as amended 2013). Please note the requirements specified in Council’s policy for consultants’ reporting and for Site Audits.

Any recommendations identified in the validation report shall be binding on the development.’

Site Management Plans

A Site Management Plan (has the same meaning as an Environmental Management plan as defined in the Guidelines for the NSW Site Auditor Scheme (2nd edition) (DEC NSW 2006)), if required to make the site suitable for the development, shall be submitted to Council for approval. The plan shall address what land use restrictions are required, any ongoing monitoring requirements and what responses should be made to any unsatisfactory monitoring results. The Site Management Plan must be prepared in accordance with Council’s Contaminated Land Policy, the Managing Land Contamination Planning Guideline (1998), relevant EPA Guidelines and the Assessment of Site Contamination NEPM (1999 as amended 2013). Please note the requirements specified in Council’s policy for consultants reporting and for Site Audits.

A restriction or covenant requiring compliance with the approved site management plan must be registered on the title under section 88E of the Conveyancing Act 1919 or section 29(3) of the Contaminated Land Management Act 1997. Assistance must be provided to Council (including by executing relevant documents) to enable registration (without unreasonable delay) of the restriction or covenant and Council is to be named as the only party able to vary or release the restriction or covenant.’

 

Site Audit Statement

‘A Statutory Site Audit Statement in accordance with Part 4 Contaminated Land Management Act 1997 stating that the land is suitable for the proposed development as [insert SAS land use category of the development] land use shall be provided to Council. Please note the requirements specified in Council’s policy for Site Audits.

SAS land use categories are found on the Site Audit Statement template available on the EPA website http://www.epa.nsw.gov.au/resources/clm/SAS.doc.’

 Recommended Conditions for ongoing site management:

All construction, development and use shall be bound by the recommendations of the validation report or any Site Management Plan coming from the remediation of the site.

Category 1 remediation:

1          Remediation activities shall be carried out in accordance with the RAP [insert details of RAP: title, author, date]. Any variation to the RAP must be communicated to Council before work is commenced to determine if any proposed variation will require reassessment under s96 of the EP&A Act.

2          Remediation work is to be carried out by a suitably qualified and experienced contractor under the guidance of a contaminated land consultant who meets the requirements of Council’s Contaminated Land Policy in relation to reporting, certification and insurances.

3          A site auditor shall oversee the remediation [and where practicable, be the same site auditor that has reviewed the RAP]. A site audit statement in accordance with Part 4 Contaminated Land Management Act 1997 shall be provided to Council for the validation report and any Site Management Plan stating that the land is suitable for the proposed development as [insert SAS land use category of the development] land use.

4          A Construction Certificate shall be required for any structure required to carry out the remediation.

Community consultation

5          Adjoining property owners must be notified in writing of the commencement date of the remediation activities at least 7 days prior to remediation activities commencing on site.

6          A sign identifying the contact details of the remediation contractor must be displayed at the site for the duration of the remediation activities. The sign must identify the phone numbers for the duration of the remediation activities.

7          While the remediation activities are being undertaken the contractor must maintain a written record of any complaints received in relation to the conduct of the remediation. The written record must include each complainant's name and address, the time and date that each complaint was made, the nature of each complaint and the actions taken to address the complaint. The record may be requested by Council officers during the conduct of remediation, in which case the record must be made available to Council.

Reason: so that any impacts on the surrounding environment are mitigated in a timely manner.

8          Any complaint received by the contractor in relation to the remediation activities must be notified to Council during Council business hours as soon as possible, and in all cases no later than 2 business days following the date that the complaint was received by the contractor.

Reason: so that Council is made aware that a complaint has been made and the contractor has dealt with the complaint promptly.

Managing Impacts

9          Remediation activities must not cause any environmental harm outside of the area nominated for remediation within the site. The remediation area is to be contained by a suitable barrier or fencing to prevent all unauthorised access. Erosion and sediment controls must be in place to prevent any soil leaving the remediation site. Runoff from areas of contaminated soil, whether in situ, stockpiled or in excavation pits, must not be permitted to leave the site without relevant testing or treatment.

10        Remediation must not create visible dust that extends beyond any site boundary.

11        Remediation activities must not cause offensive noise (as defined by POEO Act) and avoid the production of vibration that may impact nearby properties.

12        Remediation activities must be managed to ensure that dust, odour, gases or fumes are not emitted beyond the boundary of the remediation site. Appropriate monitoring equipment must be used to demonstrate compliance with the condition.

Dealing with Waste

13        All liquid and solid waste must be classified in accordance with the Protection of the Environment (Waste) Regulation2014 and related guidelines.

14        All waste transported from the remediation site must be covered in a vehicle suitable for that waste material. There must be no tracking of soil onto public roads.

15        Any receiver of waste material must be properly licensed by the EPA to receive that waste. If a non-licensed premises is intended to receive waste from the site then an approved notice within the meaning of s143(4) of the POEO Act (s143 notice) must be supplied prior to removal of the material from the remediation site.

16        Details of material removed including volume, mass, classification, destination and any s143 notices are to be included in the validation report.

17        All waste transport routes must avoid where possible all sensitive land uses such as residential areas, schools, preschools, etc, as well as bus routes and particularly school bus pick up and drop off periods.

Validation report

18        A validation report shall be provided to Council along with the summary report and the notice of completion required under clause 17(2) of SEPP 55 to confirm that the remediation has been carried out in accordance with the requirement this consent and SEPP 55 and provide a statement regarding the suitability of the site for use in accordance with the generic land use settings identified by the National Environmental Protection (Assessment of Site Contamination) Measure (1999). The validation report must be prepared in accordance with Council’s Contaminated Land Policy, the Managing Land Contamination Planning Guideline (1998), relevant EPA Guidelines and the National Environmental Protection (Assessment of Site Contamination) Measure (1999).

Site Management Plan

19        If the validation report recommends or requires the implementation of an ongoing site management plan (has the same meaning as an Environmental Management plan as defined in the Guidelines for the NSW Site Auditor Scheme (2nd edition DEC NSW 2006) or a  site management plan is otherwise required, the site management plan must be prepared in consultation with Council in regard to how land use will be restricted, compliance with any ongoing monitoring and responses to unsatisfactory monitoring results.

20        A restriction or covenant requiring compliance with the site management plan must be registered on the title under section 88E of the Conveyancing Act 1919 or section 29(3) of the Contaminated Land Management Act 1997. Assistance must be provided to Council (including by executing relevant documents) to enable registration of the restriction or covenant and Council is to be named as the only party able to vary or release the restriction or covenant.


Ordinary Council Meeting - 15 June 2017

Contaminated Land Policy

 


 


 


 


Ordinary Council Meeting                                                                                                    15 June 2017

General Manager's Report

ITEM 9.12    DA2016/233      150617         Development Application 2016/233 - Swimming Pool Lot 120 DP 245010, 7 South Pacific Drive, Scott's Head

 

AUTHOR/ENQUIRIES:    Anthony Brandie, Senior Health and Building Surveyor         

 

Summary:

 

The subject Development Application was lodged with Council on 9 December 2016. The Applicant proposes to install an above ground pool with surrounding decking and pool barrier on the subject allotment. The application is being reported to Council for reasons of transparency as the applicant is a Council staff member.

 

NOTE: This matter requires a “Planning Decision” meaning a decision made in the exercise of a function of the council under the Environmental Planning and Assessment Act 1979 including a decision relating to a development application, an environmental planning instrument, a development control plan or a development contribution plan.  Under Section 375A of the Local Government Act 1993 it requires the General Manager to record the names of each Councillor supporting and opposing the decision.

 

 

Recommendation:

 

That Council grant development consent to the proposal in accordance with the development assessment report and recommended conditions of development consent in attachment 2 to this report.

 

 

OPTIONS:

 

1          To determine the application by granting Development Consent to the proposal in accordance with the recommended conditions of Development Consent contained in Attachment 2.

 

2          To determine the application by granting Development Consent to the proposal with modified conditions of Development Consent.

 

3          To determine the application by refusal.

 

 

DISCUSSION:

 

Site description

 

The site is located within an R1 – General residential zoning precinct and is generally surrounded by detached single dwellings. The site slopes away from South Pacific Drive falling to the rear of the allotment.

 

Locality plan

 

A locality plan is shown on the following page.

 

Description of development

 

The Applicant proposes to install an above ground pool in the rear yard of the subject allotment. Decking will be constructed around the pool. This will form the base from which the swimming pool barrier will be constructed.

 

The proposed development is assessed against the relevant sections of the Environmental Planning and Assessment Act 1979 as follows:

 

Section 5A - Significant effect on threatened species, populations or ecological communities, or their habitats

 

It is considered that sufficient information is available to satisfy Council that the proposed development will not be contrary to the matters for consideration outlined in this section subject to the recommended conditions of consent. As such, it is not considered that the proposal will have any significant effects on threatened species, populations, communities or their habitats.

Section 79BA - Consultation and development consent—certain bush fire prone land

 

N/A

Section 79C(1) In determining a development application a consent authority is to take into consideration such of the following matters as are of relevance to the development the subject of the development application:

 

(a)(i)   The provisions of any environmental planning instrument (EPI)

 

NAMBUCCA LOCAL ENVIRONMENTAL PLAN 2010

 

The proposed development is assessed against the relevant clauses of the Nambucca Local Environmental Plan 2010 in the following table:

 

Clause

Complies

Comments

2.3 - Zone objectives and land use table

YES

Consistent with zoning objectives

4.3 - Height of buildings

YES

 

4.4 - Floor space ratio

YES

Deck is within density parameters

5.5 - Development within the coastal zone