NAMBUCCA

SHIRE COUNCIL

 


Ordinary Council Meeting

AGENDA ITEMS

27 July 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 - 27 July 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.

 

 

4.00 pm – 5.00 pm:  Prior to the Council Meeting - Mr Wayne Kenny and Mr Graeme Kady from Rally Australia to meet with Councillors and staff to discuss the World Rally and the outstanding Invoice for Road Damage.

 

 

AGENDA                                                                                                   Page

 

1        APOLOGIES

2        PRAYER

3        DISCLOSURE OF INTEREST

4        CONFIRMATION OF MINUTES —

Ordinary Council Meeting - 13 July 2017....................................................................................... 7

5        NOTICES OF MOTION

5.1     Notice of Motion - Request for Leave - Cr Janine Reed..................................................... 13  

6        PUBLIC FORUM

7        ASKING OF QUESTIONS WITH NOTICE   

8        QUESTIONS FOR CLOSED MEETING WHERE DUE NOTICE HAS BEEN RECEIVED

9        General Manager Report

9.1     Outstanding Actions and Reports.................................................................................... 14

9.2     General Manager's Delegations of Authority..................................................................... 18

9.3     Nambucca Heads to Urunga Pacific Highway Upgrade - Post-Construction Operational Noise Report..................................................................................................................................... 44

9.4     Macksville Gift - Sponsorship Request............................................................................ 55

9.5     Expression of Interest for Crown Land Negotiation Program............................................. 58

9.6     Conflict Arising from Horticulture Development in the Nambucca Shire.............................. 73

9.7     Developer Servicing Charges for Existing Residential Lots Which Have Been Levied a Single Water & Sewerage Access Charge as Part of an Existing Holding................................................ 107

9.8     Development Applications greater than 12 months or where submissions received -  to 5 July 2017.................................................................................................................................... 109

9.9     Proposed Section 355 Committee of Management for Public Land in Adin Street Scotts Head - further information regarding nominations................................................................................. 111

9.10   Tourism Update - Visitor Information Centre................................................................... 116

9.11   New Tourist Drive 15 and Changes for Tourist Drive 14................................................... 118

9.12   Notification of Community Service exemptions from waste levy...................................... 123

9.13   Review of Donations Policy.......................................................................................... 125

9.14   Changes to the Organisation Structure........................................................................... 138

9.15   White Albatross - Lease of Encroached Land................................................................. 140

10      Assistant General Manager Corporate Services Report

10.1   Related Party Disclosures............................................................................................. 143

10.2   Investment Report to 30 June 2017................................................................................ 166

10.3   Schedule of Council Public Meetings 2017..................................................................... 171

10.4   Valla Beach Community Association Committee of Management - Annual General Meeting - 17 July 2017............................................................................................................................. 173

11      Assistant General Manager Engineering Services Report

11.1   Notice of Aboriginal Land Claim 44219 and 44220 at Valla.............................................. 177    

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

12.1   Economic Development/Tourism Inquiry

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   Expression of Interest to Purchase Council's Valla Land - Lot 2 DP 1173066 - 6857 Pacific Highway, Valla

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

  

            a      Questions raised by Councillors at 8 above

 

       i         MOTION TO CLOSE THE MEETING

       ii        PUBLIC VERBAL REPRESENTATIONS REGARDING PROPOSAL

     TO CLOSE

       iii       CONSIDERATION OF PUBLIC REPRESENTATIONS

                   iv       DEAL WITH MOTION TO CLOSE THE MEETING

13      MEETING CLOSED TO THE PUBLIC

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


NAMBUCCA SHIRE COUNCIL

 

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 13 July 2017

The following document is the minutes of the Ordinary Council meeting held 13 July 2017.  These minutes are subject to confirmation as to their accuracy at the next meeting to be held on Thursday 27 July 2017 and therefore subject to change.  Please refer to the minutes of 27 July 2017 for confirmation.

 

PRESENT

 

Cr Rhonda Hoban (Mayor)

Cr John Ainsworth (Deputy Mayor)

Cr Martin Ballangarry OAM

Cr Brian Finlayson

Cr Susan Jenvey

Cr David Jones

Cr Janine Reed

Cr Anne Smyth

 

 

ALSO PRESENT

 

Michael Coulter (General Manager)

Scott Norman (AGM Corporate Services)

Paul Gallagher (AGM Engineering Services)

Lorraine Hemsworth (Minute Secretary)

 

 

APOLOGIES

 

Cr John Wilson

 

 

 

PRAYER

 

Reverend Clyde Appleby, of the Macksville Anglican Church, offered a prayer on behalf of the Nambucca Minister's Association.

 

 

DISCLOSURE OF INTEREST

 

Councillor R Hoban declared a pecuniary interest in Item 9.4 Councillor Expenses and Facilities Policy - Better Practice Template under the Local Government Act as Council’s decision will impact on the value of the Mayoral allowance. Cr Hoban left the meeting for this item.

 

 

CONFIRMATION OF MINUTES - Ordinary Council Meeting

 

CONFIRMATION OF MINUTES - Ordinary Council Meeting 29 June 2017

342/17 RESOLVED:        (Jenvey/Smyth)

 

That the minutes of the Ordinary Council Meeting of 29 June 2017 be confirmed.

 

 

 

  

ASKING OF QUESTIONS WITH NOTICE

 

There were no questions with notice.

 

QUESTIONS FOR CLOSED MEETING WHERE DUE NOTICE HAS BEEN RECEIVED

 

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

 

                                            

                   PRF44                130717       Draft Master Plan for Thistle Park

 

343/17 Resolved:        (Reed/Ainsworth)

 

That Item 9.3 - Draft Master Plan for Thistle Park be brought forward as members of the public with an interest in the Item were in the Gallery.

 

 

 

 

 

ITEM 9.3      PRF44                130717      Draft Master Plan for Thistle Park

344/17 RESOLVED:        (Finlayson/Ainsworth)

 

1       The General Manager source a suitable consultant to review the concept design option for Thistle Park taking into consideration the opinions expressed in the submissions and this report for the further consideration of Council.

 

2     That a consultancy proposal and budget for the review of the Concept Design Option 4 be the subject of a further report to Council.

 

 

 

 

 

General Manager Report

ITEM 9.1      SF959                130717      Outstanding Actions and Reports

345/17 RESOLVED:        (Finlayson/Reed)

 

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

 

 

 

 

 

ITEM 9.2      SF731                130717      Regional Growth Fund

346/17 RESOLVED:        (Ainsworth/Finlayson)

 

1        That the information concerning the programs under the Regional Growth Fund be received.

 

2        That any proposals from Councillors for projects which meet the program requirements be forwarded to Council's Grants Officer so they may be considered in the preparation of grant applications.

 

 

 

 

Item 9.3 was dealt with earlier in the meeting.

 

 

 

Mayor, Cr Hoban declared a pecuniary interest and left the meeting and Deputy Mayor Cr Ainsworth took the Chair.

Cr Hoban left the meeting for Item 9.4 at 6.10 pm and returned after the conclusion of the Item at 6.17 pm.

The Deputy Mayor Cr Ainsworth took the Chair for the duration of Item 9.4.

The Mayor resumed the Chair at 6.17 pm.

 

ITEM 9.4      SF42                  130717      Councillor Expenses and Facilities Policy - Better Practice Template

347/17 RESOLVED:        (Reed/Smyth)

 

1        That the draft Councillors Expenses and Facilities Policy be advertised for public submissions for a period of at least 28 days.

 

2        That the Office of Local Government be advised of Council’s concerns about the template arrangements for the Mayoral vehicle and Council’s reasons for not adopting the template recommendations.

 

 

 

 

 

ITEM 9.5      SF2329              130717      Nambucca Valley Business Advisory Committee - Draft Terms of Reference and Draft Future Actions

348/17 RESOLVED:        (Ainsworth/Finlayson)

 

1        Council accept the draft Terms of Reference for the Nambucca Valley Business Advisory      Committee.

 

2        Council note the draft action plan prepared by the Nambucca Valley Business Advisory        Committee and the notes of the meeting held on 19 June 2017.

 

3        That Council thank Ms Kerry Grace for her work as the Committee’s facilitator and endorse her proposal to continue to develop the Committee’s action plan to the point of designating      roles, proposing budgets and assigning a timeline.

 

 

 

 

 

ITEM 9.6      SF2293              130717      Development Applications greater than 12 months or where submissions received - to 5 July 2017

349/17 RESOLVED:        (Reed/Finlayson)

 

That the information be noted by Council.

 

 

 

 


 

 

ITEM 9.7      SF2293              130717      2017 June - Development and Complying Development Applications Received

350/17 RESOLVED:        (Ainsworth/Finlayson)

 

That the Development Applications and Complying Development Applications received in July 2017 be received for information.

 

 

 

 

 

ITEM 9.8      SF2293              130717      2017 June - Approved Construction and Complying Development Certificates

351/17 RESOLVED:        (Ainsworth/Reed)

 

That the Construction and Complying Development Certificates approved for June 2017 be noted and received for information by Council.

 

 

 

 

Assistant General Manager Corporate Services Report

ITEM 10.1    SF251                130717      Schedule of Council Public Meetings 2017

352/17 RESOLVED:        (Ainsworth/Smyth)

 

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

 

 

 

 

 

ITEM 10.2    SF332                130717      Scotts Head Tennis Club Committee of Management - Annual General Meeting - 29 June 2017

353/17 RESOLVED:        (Reed/Smyth)

 

That Council endorse the minutes of the Committee of Management for Scotts Head Tennis Club Committee of Management Annual General Meeting held on 29 June 2017 and thank the outgoing Committee for their work in the past twelve months.

 

 

 

 


 

Assistant General Manager Engineering Services Report

ITEM 11.1    SF2080              130717      Letter of Offer relating to RMS funding for highway handover from Nambucca Heads to Urunga

354/17 RESOLVED:        (Ainsworth/Finlayson)

 

1        That Council receive and note the Letter of Offer from Roads and Maritime Services, Ref: SF2015/026967 dated 21 June 2017.

 

2        That Council continue to negotiate the unit rates.

 

 

 

     

COUNCIL IN CLOSED MEETING (CLOSED TO THE PUBLIC)

355/17 RESOLVED:        (Ainsworth/Ballangarry)

 

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

 

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

 

Reason reports are in Closed Meeting:

 

 

 

General Manager Report

For Confidential Business Paper in Closed Meeting

ITEM 12.1    SF2094              130717      Development of Council's 13 Lot Residential Subdivision at Hyland Park

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.

 

 

 

 

CLOSED MEETING

 

The Ordinary Council Meeting's Meeting IN CLOSED MEETING commenced at 6.47 pm.

 

RESUME IN OPEN MEETING

356/17 RESOLVED:        (Ainsworth/Reed)

 

That Ordinary Council Meeting resume in Open Meeting. The Ordinary Council Meeting resumed IN OPEN MEETING at  7.00 pm

 

 


 

FROM COUNCIL IN CLOSED MEETING

 

General Manager Report

For Confidential Business Paper in Closed Meeting

ITEM 12.1    SF2094              130717      Development of Council's 13 Lot Residential Subdivision at Hyland Park

357/17 RESOLVED:        (Jones/Jenvey)

 

That Council engage Jedcivil Engineering Design and Drafting for the price nominated in their quotation to undertake the detailed design and project management services for the development of Council’s land at Hyland Park (Lot 22 DP 1036142).

 

 

 

 

 

CLOSURE

 

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

 

Confirmed and signed by the Mayor on 27 July 2017.

 

 

 

 

CR RHONDA HOBAN

MAYOR

(CHAIRPERSON)

 

     


Ordinary Council Meeting                                                                                                     27 July 2017

Notice of Motion

ITEM 5.1      SF2303            270717         Notice of Motion - Request for Leave - Cr Janine Reed

 

AUTHOR/ENQUIRIES:    Rhonda Hoban, Councillor         

 

Summary:

 

 

 

 

Recommendation:

 

That Cr J Reed be granted leave for the 27 July 2017. 

 

 

 

 

 

Attachments:

There are no attachments for this report.        


Ordinary Council Meeting                                                                                                     27 July 2017

General Manager

ITEM 9.1      SF959              270717         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.

 

2/7/17 – spreadsheet has been prepared for 2017/18 capital works program for Council’s website.

 

15/7/17 – AGMCS has prepared a Rates Newsletter

 

19/7/17 - Deferred to first meeting in August as outstanding invoices being processed at the time for preparing reports.

 

 


 

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

MARCH 2017

8

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.

9

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

 

10

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

 

11

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

22/6/2017 – Contact has been made with Mr Miles.  There are 7 veterans involved with Operation Pilgrimage.  The MCD is awaiting information from Mr Miles confirming dates and the assistance which Council might be able to provide.

 

APRIL 2017

12

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

 

18/5/17 – Further meeting with head of Pacific Highway requesting funding for the connection as a consequence of Old Coast Road be severed and made a dead end road.  Awaiting response.

MAY 2017

13

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

14

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

16/06/17 – Letter sent to DPI Water

JUNE 2017

15

SF2303

15/06/17

In consultation with Finance staff the GM & AGMCS conduct a review of the capacity of the Finance Section to meet reporting requirements.  Consider matters such as skill sets, training needs, capacity to backfill critical positions, workload spread & opportunities for efficiencies in process & removal of duplication.

 

GM & AGMCS

Report in July 2017

 

15/7/17 - Delayed due to EOFY priorities.  Report in August 2017


 

16

DA2017/028

15/06/17

That further investigation be made into properties affected so as to flag within each 149 certificate an informal warning to applicants to make enquiries about potential contributions and the matter be further reported to Council.

GM

Report in July 2017

17

DA2015/43

29/06/17

That a review be undertaken of the operating hours for The Beach House Providore, Valla Beach as per condition 2a of the modified consent.

GM

Report in August 2017

18

SF2303

29/06/17

Council receive a further report re options for preventing conflict arising from horticultural development.

GM

Report in July 2017

19

SF2195

29/06/17

That Council’s position on the holding of the Rally be deferred to the Council meeting at the end of August 2017 pending a meeting with Rally Australia to discuss the matter of unresolved claims for damage to Council roads and unresolved claims from private property owners along the route.

GM

Report 31 August 2017.

14/7/17 – Senior Executive Officer and Clerk of the Course for Rally Australia advised that Council’s claim would not be raised in the community consultative committee meeting – suggested a separate meeting.  Arrangements being made to have a meeting which Councillors can attend.

 

19/7/17 - arrangements made with Rally Australia at 4.00pm on 27 July 2017.

20

PRF79

29/06/17

That the proposed S355 Committee of Management for public land in Adin St, Scotts Head be deferred and that Councillors receive a copy of the nominations including the background for each delegate to the Committee.

GM

Report in July 2017

21

SF1676

29/06/17

Council receive a further report on the 2016/17 capital works at the end of July 2017 following finalisation of invoices.

AGMES

Report in July 2017

22

SF600

29/06/17

That the expression of interest to purchase Council’s Valla land be deferred for one month to investigate development costs.

GM

Report 27 July 2017

JULY 2017

23

PRF44

13/07/17

GM source a suitable consultant to review the concept design for Thistle Park and that a consultancy proposal and budget be the subject of a further report.

 

GM

Report in August 2017

Attachments:

There are no attachments for this report.

 


Ordinary Council Meeting                                                                                                     27 July 2017

General Manager's Report

ITEM 9.2      SF35                270717         General Manager's Delegations of Authority

 

AUTHOR/ENQUIRIES:    Daniel Walsh, Manager Development and Environment         

 

Summary:

 

It is not considered that a summary is necessary.

 

 

Recommendation:

 

That Council provide additional delegations of authority to the General Manager as follows:

 

1        To impound animals and articles under the Impounding Act 1993;

2        To seize, sell, or destroy animals under the Companion Animals Act 1998.

 

 

OPTIONS:

 

·           Provide additional delegations of authority as recommended.

·           Not provide additional delegations of authority.

·           Make additional changes to the existing delegations of authority.

 

 

DISCUSSION:

 

The purpose of this report is to advise Council that the current delegations of authority provided to the General Manager are insufficient as they do not provide delegations for staff within the Development and Environment Section to undertake some of the expected duties to be performed on a daily basis. These include:

 

·           Impound animals and articles under the Impounding Act 1993.

·           Seize, sell, or destroy animals under the Companion Animals Act 1998.

 

The exclusion of the above from the General Managers delegations of authority appear to be an oversight as these tasks have been undertaken by staff for many years. As such, it is recommended that they be included within the General Managers delegations of authority as highlighted yellow within attachment 1.

 

 

CONSULTATION:

 

General Manager

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

N/A

 

Social

 

N/A

 

Economic

 

N/A

 

Risk

 

N/A

 

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

25148/2017 - Attachment 1 - General Manager's Delegations of Authority

 

  


Ordinary Council Meeting - 27 July 2017

General Manager's Delegations of Authority

 

 

GENERAL MANAGER'S

DELEGATIONS OF AUTHORITY

 

31 January 2017

 

Our Vision

 

Nambucca Valley ~ Living at its best.

 

 

Our Mission

 

 

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

 

 

Our Values

 

Effective leadership

Strategic direction

Sustainability of infrastructure and assets

Community involvement and enhancement through partnership 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

 

From delegations provided to the General Manager by Council on 28 February 2013

(31461/2016, SF35)
Last Reviewed:16/5/2012 (Clause 15.5)
Trim 10629/2012
Last Reviewed: 31/1/2013 (whole doc)
Last Reviewed 28/2/2013 (whole doc)
Trim 5355/2013
Trim 898/2014 Updated 6/3/2015
Updated 16/7/2015 (approve leave)
Updated 16/09/2015 (Notices and Regulatory Orders)
Updated 10/12/2015 (changes to delegations to Engineering Designer & Senior Town Planner, authorisation  of Managers to deal with media.
Updated 15/12/2015 with changes to Accountant delegations
Updated 20/12/2015 with changes to position titles and also withdrawal of delegations for purchase of light vehicles now authorised by GM)
Updated 13/1/2016 with changes to position titles and authorisation to Rates Officer to approve leave
Updated 13/09/2016 with expenditure delegation to Ranger Mark Lollback and BSU Officer Colleen Dunlop
Updated 15/11/2016 with expenditure delegations to Relief Storekeeper
Updated 31/01/2017 with delegation to BSU Officer Matthew Harper to authorise action so as to comply with any provision of the Local Government Act.
Updated 8/5/2017 with changes relating to new responsibilities for the position of Technical Officer – Water and Sewerage
 

 

 

 

 

 

 

 

 


                                                                                      Description: cid:image001.jpg@01CE5630.CF4C34E0

 

MICHAEL COULTER

GENERAL MANAGER


 

APPLICATIONS – COUNCIL WORK

DELEGATES

To authorise the preparation, lodgement, signing and submission on Council’s behalf of development, construction or other applications for all work undertaken by Council or on behalf of Council.

 

General Manager

Assistant General Manager Engineering Services

Assistant General Manager Corporate Services

APPLICATIONS – OWNER’S CONSENT

DELEGATES

To sign all applications involving Council as property owner to facilitate the lodgement of applications.

General Manager

Assistant General Manager Engineering Services

Assistant General Manager Corporate Services

 

APPLICATIONS - EVENTS ON COUNCIL LAND

DELEGATES

To approve applications for activities and events on community land.

General Manager

Assistant General Manager Engineering Services

Assistant General Manager Corporate Services

 

APPLICATIONS – EXTERNAL BODIES

DELEGATES

To sign applications for works and services to be undertaken by Government Departments, utilities and the like which are required for Council’s operations.

 

General Manager

Assistant General Manager Engineering Services

Assistant General Manager Corporate Services

Manager Infrastructure Services

Manager Technical Services

Manager Water & Sewerage

Manager Assets

Manager Human Resources

Manager Community Development

Manager Development & Environment

Manager Financial Services

Manager Information Technology

Manager Business Development

 

To sign applications which are seeking grants or funding to assist Council in the delivery of services or the provision of facilities to the librarian.

General Manager

Assistant General Manager Engineering Services

Assistant General Manager Corporate Services

Manager Infrastructure Services

Manager Technical Services

Manager Water & Sewerage

Manager Assets

Manager Human Resources

Manager Community Development

Manager Development & Environment

Manager Financial Services

Manager Information Technology

Manager Business Development

 

ASSETS - DISPOSAL

DELEGATES

To approve of the disposal of assets that are surplus to the Council’s requirements.

General Manager

Assistant General Manager Engineering Services

Assistant General Manager Corporate Services

Manager Information Technology

AUTHORISED OFFICERS

DELEGATES

To appoint and revoke the appointment of authorised officers for the purposes of the Local Government Act 1993 and Regulations, and any other Acts or Regulations.

General Manager

Assistant General Manager Engineering Services

Assistant General Manager Corporate Services

BONDS – AGREEMENT AND RELEASE

DELEGATES

To agree to bond unfinished work and to release bonds upon the satisfactory completion of work.

 

General Manager

Assistant General Manager Engineering Services

Assistant General Manager Corporate Services

Manager Infrastructure Services

Manager Technical Services

Manager Water & Sewerage

Manager Assets

Manager Development & Environment

Engineering Designer

 


 

BUSH FIRE

DELEGATES

To issue and serve notices and permits as prescribed by the Rural Fires Act 1997.

 

General Manager

Assistant General Manager Engineering Services

Assistant General Manager Corporate Services

Manager Development & Environment

 

CATTLE GRIDS

DELEGATES

To require the removal of cattle grids from Council roads.

 

General Manager

Assistant General Manager Engineering Services

Assistant General Manager Corporate Services

Manager Assets

 

CEMETERIES

DELEGATES

To deal with all matters relating to the administration of cemeteries, in accordance with the provisions of the Local Government Act.

General Manager

Manager Development & Environment

Business Services Officer – Teresa Boorer

 

CERTIFICATION OF DEVELOPMENT

DELEGATES

To assess and determine applications for Building Certificates, Compliance Certificates, Construction Certificates, Complying Development Certificates, Strata Certificates, Subdivision Certificates and Occupation Certificates, in accordance with the provisions of the Environmental Planning and Assessment Act 1979 and subject to accreditation levels under the Building and Professionals Act 2005.

 

General Manager

Assistant General Manager Engineering Services (civil works)

Manager Water & Sewerage (civil works)

Manager Development & Environment

Senior Health & Building Surveyor

Area Health & Building Surveyors

Technical Officer Planning

Senior Town Planner

 

To issue certificates of compliance in relation to development.

 

Assistant General Manager Engineering Services (civil works)

Manager Technical Services (civil works)

Manager Development & Environment

Senior Health & Building Surveyor

Area Health & Building Surveyors

Senior Town Planner

 

CODES AND POLICIES

DELEGATES

To authorise any action necessary to comply with any policy or code of the Council.

 

General Manager

Assistant General Manager Engineering Services

Assistant General Manager Corporate Services

Manager Infrastructure Services

Manager Technical Services

Manager Water & Sewerage

Manager Assets

Manager Human Resources

Manager Community Development

Manager Development & Environment

Manager Financial Services

Manager Information Technology

Manager Business Development

 

COMPLAINTS AGAINST CERTIFIERS

DELEGATES

To submit, on behalf of the Council, complaints against accredited Certifiers in accordance with Section 109V of the Environmental Planning and Assessment Act.

 

General Manager

Manager Development & Environment

CORRESPONDENCE

DELEGATES

Within area of responsibility, to sign correspondence, certificates and statements on behalf of the Council.

 

All Council staff


 

CONSULTANTS - APPOINTMENT

DELEGATES

To approve the appointment of consultants for special purposes where expert professional advice is required in the proper discharge of Council’s functions on the condition that the expenditure has been provided for in Council’s Operational Plan/Delivery Program.

 

General Manager

Assistant General Manager Engineering Services

Assistant General Manager Corporate Services

Manager Infrastructure Services

Manager Technical Services

Manager Water & Sewerage

Manager Assets

Manager Human Resources

Manager Community Development

Manager Development & Environment

Manager Financial Services

Manager Information Technology

Manager Business Development

Engineering Designer

 

COUNCIL/COMMITTEE MEETINGS – AUTHORITY TO VARY DATES AND TIMES

DELEGATES

To vary the schedule of meeting dates and times for meetings of Committees and the Council, when it is not practicable or desirable to hold meetings on a designated day or night.

General Manager

Assistant General Manager Engineering Services

Assistant General Manager Corporate Services

Manager Infrastructure Services

Manager Technical Services

Manager Water & Sewerage

Manager Assets

Manager Human Resources

Manager Community Development

Manager Development & Environment

Manager Financial Services

Manager Information Technology

Manager Business Development

Executive Assistants

 

DOCUMENT - CERTIFICATION

DELEGATES

To certify documents as being originals or true copies and to verify current residency status of residents.

 

All Council staff who are a Justice of the Peace.

DONATIONS

DELEGATES

To approve donations in accordance with Council’s Donations Policy subject to the concurrence of the Mayor and funds being available in Council’s budget.

 

Mayor and General Manager

EEO MATTERS

DELEGATES

To implement the statutory responsibilities of the General Manager with respect to EEO matters (Local Government Act, 1993).

General Manager

Assistant General Manager Engineering Services

Assistant General Manager Corporate Services

Manager Infrastructure Services

Manager Technical Services

Manager Water & Sewerage

Manager Assets

Manager Human Resources

Manager Community Development

Manager Development & Environment

Manager Financial Services

Manager Information Technology

Manager Business Development

 


 

EMERGENCY SERVICES

DELEGATES

Authorise the use of Council’s plant, staff, equipment and contractors in emergencies at the request of the State Emergency Services, the New South Wales Police or the Bushfire Co-ordinator.

General Manager

Assistant General Manager Engineering Services

Manager Infrastructure Services

Manager Technical Services

Manager Water & Sewerage

Manager Assets

 

Authorise the sale of materials from Council stock under emergency circumstances, as considered appropriate.

General Manager

Assistant General Manager Engineering Services

Manager Infrastructure Services

Manager Technical Services

Manager Water & Sewerage

Manager Assets

 

Lend materials from Council stock under emergency circumstances, as considered appropriate.

 

General Manager

Assistant General Manager Engineering Services

Manager Infrastructure Services

Manager Technical Services

Manager Water & Sewerage

Manager Assets

FILMING ON COUNCIL PROPERTY

DELEGATES

To determine applications for filming or photography on Council owned or controlled land subject to the payment of any fees which may apply.

 

General Manager

Assistant General Manager Engineering Services

Assistant General Manager Corporate Services

Safety and Risk Officer

 

FINANCE – ABANDON SMALL BALANCES

DELEGATES

To approve the abandonment of small year end balances up to an amount of $1.00 in relation to outstanding rates, interest charges, and sundry debtors that are considered uneconomical to pursue subject to the provisions of the Local Government Act 1993.

General Manager

Assistant General Manager Corporate Services

Manager Financial Services

Accountant

Rates Officer

Rates Assistant

Finance Officer – Revenue

Manager Development & Environment

Business Services Officers

 

FINANCE – BANK GUARANTEES

DELEGATES

To approve the acceptance of bank guarantees in association with development, strata and subdivision applications or other Council requirements.

General Manager

Assistant General Manager Engineering Services

Assistant General Manager Corporate Services

Manager Infrastructure Services

Manager Technical Services

Manager Water & Sewerage

Manager Assets

Manager Development & Environment

 

FINANCE – CASHIER DISCREPANCIES

DELEGATES

To approve discrepancies of $50 or less in cashier banking with amounts of greater than $50 to be reported to Council.

 

General Manager

Assistant General Manager Corporate Services

Manager Financial Services

Accountant

Finance Officer – Expenditure

Finance Officer - Revenue

 

FINANCE – CHEQUE SIGNING

DELEGATES

To sign cheques on behalf of Council.

 

General Manager

Assistant General Manager Corporate Services

Manager Financial Services

Accountant

Manager Human Resources

 


 

FINANCE – DISCHARGE OF MORTGAGES

DELEGATES

To discharge mortgages held by Council on condition that there is certification that all conditions of the mortgage have been met.

 

General Manager

Assistant General Manager Engineering Services

Assistant General Manager Corporate Services

 

FINANCE – EXTENSIONS OF TIME TO PAY

DELEGATES

To approve applications for extensions of time to pay accounts where they are within the officer’s functional responsibility and where it is considered appropriate.

 

General Manager

Assistant General Manager Corporate Services

Manager Financial Services

Accountant

Rates Officer

Rates Assistant

Finance Officer – Revenue

Manager Development & Environment

Business Services Officers

 

FINANCE – EXPENDITURE AUTHORISATION

DELEGATES

To authorise all expenditure and/or purchase orders within the adopted Council budget.

 

General Manager

To authorise all expenditure and/or purchase orders within the adopted Council budget and within the officer’s budget responsibility, including the payment of the salaries and wages up to the value of $150,000.

 

Assistant General Manager Engineering Services

Assistant General Manager Corporate Services

Manager Infrastructure Services

Manager Technical Services

Manager Water & Sewerage

Manager Assets

Manager Development & Environment

Manager Financial Services

Manager Human Resources

Manager Information Technology

Manager Business Development

Accountant

 

To authorise all expenditure and/or purchase orders within the adopted Council budget and within the officer’s budget responsibility, including the payment of the salaries and wages up to the value of $100,000.

 

Manager Community Development

Civic Services Coordinator

To authorise all expenditure and/or purchase orders within the adopted Council budget and within the officer’s budget responsibility, including the payment of the salaries and wages up to the value of $50,000.

 

Water & Sewerage Engineer

Engineering Designer

To authorise all expenditure and/or purchase orders within the adopted Council budget and within the officer’s budget responsibility, including the payment of the salaries and wages up to the value of $25,000.

 

Structures Coordinator

Roads Coordinator

Depot Coordinator

Safety & Risk Officer

Senior Health & Building Surveyor

Technical Officer – Assets

Coordinator Strategic Planning & Natural Resources

 

To authorise all expenditure and/or purchase orders within the adopted Council budget and within the officer’s budget responsibility, including the payment of the salaries and wages up to the value of $10,000.

 

Information & Communications Technology Officer

Green Spaces Coordinator

Rates Officer

Senior Librarian

Water & Sewerage Coordinator

Surveyor

 

To authorise all expenditure and/or purchase orders within the adopted Council budget and within the officer’s budget responsibility, including the payment of the salaries and wages up to the value of $5,000.

 

Executive Assistants

Storekeeper

Relief Storekeeper

Mechanic – David Nash

Grants & Contributions Officer

Technical Assistant - Assets

Records Officer

Rates Assistant

Finance Officer – Expenditure

Finance Officer – Revenue

Technical Officer – Water & Sewerage

Business Services Officer – Teresa Boorer

Business Services Officer – Emma Shaw

Business Services Officer – Colleen Dunlop

Engineering Support Officer

Senior Town Planner

Technical Officer – Development & Environment

Construction Carpenter – Mick Ronan

Ranger – Mark Lollback

 

FINANCE – INTEREST CHARGES

DELEGATES

To approve interest charges accrued pursuant to Council’s power under S567 of the Local Government Act 1993 being written off up to a limit of $200 in respect of outstanding rates in circumstances where the person is unable to pay the accrued interest for reasons beyond that person’s control or payment of the accrued interest would cause personal hardship.

 

General Manager

Assistant General Manager Corporate Services

Manager Financial Services

Accountant

Rates Officer

Rates Assistant

Finance Officer - Revenue

 

FINANCE – INVESTMENTS

DELEGATES

To invest, in such securities as authorised under the Local Government Act and in accordance with Council’s Investment Policy, and as deemed necessary, cash and other funds of the Council which may from time to time be surplus to immediate needs, subject to a report of all Council investments being submitted to the Council on a monthly basis.

 

General Manager

Assistant General Manager Corporate Services

Manager Financial Services

Accountant

Finance Officer - Expenditure

FINANCE-PENSIONERS INTEREST CHARGES

DELEGATES

To approve interest charges on current years rates and annual charges levied pursuant to Council’s powers under S564 of the Local Government Act 1993 being written off where eligible pensioners enter into an arrangement for payment of rates and charges in full within the year in which they are levied.

 

General Manager

Assistant General Manager Corporate Services

Manager Financial Services

Accountant

Rates Officer

Rates Assistant

Finance Officer - Revenue

 

FINANCE – PETTY CASH

DELEGATES

To authorise petty cash expenditures within the adopted budget.

 

General Manager

Assistant General Manager Engineering Services

Assistant General Manager Corporate Services

Manager Infrastructure Services

Manager Technical Services

Manager Water & Sewerage

Manager Assets

Manager Development & Environment

Manager Financial Services

Manager Human Resources

Manager Information Technology

Manager Business Development

Accountant

Manager Community Development

Civic Services Coordinator

Water & Sewerage Engineer

Engineering Designer

Structures Coordinator

Roads Coordinator

Safety & Risk Officer

Senior Health & Building Surveyor

Technical Officer – Assets

Coordinator Strategic Planning & Natural Resources

Information & Communications Technology Officer

Green Space Coordinator

Rates Officer

Senior Librarian

Water & Sewerage Coordinator

Surveyor

Executive Assistants

Storekeeper

Relief Storekeeper

Depot Coordinator

Mechanic – David Nash

Grants & Contributions Officer

Technical Assistant - Assets

Records Officer

Rates Assistant

Finance Officer – Expenditure

Finance Officer – Revenue

Technical Officer – Water & Sewerage

Business Services Officer – Teresa Boorer

Business Services Officer – Emma Shaw

Engineering Support Officer

Senior Town Planner

Technical Officer - Planning

 

FINANCE – PURCHASE ORDER SIGNING

DELEGATES

To sign orders on Council’s behalf within the funds available in the adopted budget.

 

Subject to the expenditure authorisation limits set out previously, the following staff:

General Manager

Assistant General Manager Engineering Services

Assistant General Manager Corporate Services

Manager Infrastructure Services

Manager Technical Services

Manager Water & Sewerage

Manager Assets

Manager Development & Environment

Manager Financial Services

Manager Human Resources

Manager Information Technology

Manager Business Development

Accountant

Manager Community Development

Civic Services Coordinator

Water & Sewerage Engineer

Engineering Designer

Structures Coordinator

Roads Coordinator

Safety & Risk Officer

Senior Health & Building Surveyor

Technical Officer – Assets

Coordinator Strategic Planning & Natural Resources

Information & Communications Technology Officer

Green Space Coordinator

Rates Officer

Senior Librarian

Water & Sewerage Supervisor

Surveyor

Executive Assistants

Storekeeper

Relief Storekeeper

Depot Coordinator

Mechanic – David Nash

Grants & Contributions Officer

Technical Assistant – Assets

Ranger – Mark Lollback

Records Officer

Rates Assistant

Finance Officer – Expenditure

Finance Officer – Revenue

Technical Officer – Water & Sewerage

Business Services Officer – Teresa Boorer

Business Services Officer – Emma Shaw

Business Services Officer – Colleen Dunlop

Engineering Support Officer

Senior Town Planner

Technical Officer - Planning

 

To sign the Sales Tax Exemption Certificate in accordance with the provisions of Clause 18 of the Local Government (Financial Management) Regulation 1993.

 

General Manager

Assistant General Manager Corporate Services

Manager Financial Services

Accountant

Finance Officer – Expenditure

 

FINANCE – RATES AND DEBT RECOVERY

DELEGATES

To authorise legal proceedings for the recovery of any outstanding rates and other debts due to Council, except for the compulsory sale of land for unpaid rates.

General Manager

Assistant General Manager Corporate Services

Manager Financial Services

Accountant

Rates Officer

Rates Assistant

Finance Officer - Revenue

 

To approve the installation of flow restrictors or the disconnection of the water supply to a property for non-payment of water charges and to order removal of flow restrictors and the reconnection of water supply.

 

General Manager

Assistant General Manager Corporate Services

Manager Financial Services

Accountant

Rates Officer

Rates Assistant

Finance Officer - Revenue

 

FINANCE – RATING CATEGORIES

DELEGATES

To determine categories for rating purposes and eligibility for rate concessions.

 

General Manager

Assistant General Manager Corporate Services

Manager Financial Services

Rates Officer

Rates Assistant

 

FINANCE – REFUNDS

DELEGATES

To approve or refuse all applications for the refund of application fees, booking fees, bonds and deposits.

 

All staff with functional responsibility for the booking fee, bond or deposit.

 

FINANCE – S603 CERTIFICATES & LETTERS

DELEGATES

To issue certificates under Section 603 of the Local Government Act 1993.

 

To issue water averaging letters.

 

To issue special meter reads.

 

General Manager

Assistant General Manager Corporate Services

Manager Financial Services

Rates Officer

Rates Assistant

 

FINANCE – TRAVEL EXPENSES

DELEGATES

To authorise reimbursement of councillor and staff travel expenses incurred whilst undertaking official Council business or whilst attending a conference, training or similar activity.

 

General Manager

Assistant General Manager Engineering Services

Assistant General Manager Corporate Services

Manager Infrastructure Services

Manager Technical Services

Manager Water & Sewerage

Manager Assets

Manager Development & Environment

Manager Financial Services

Manager Human Resources

Manager Information Technology

Manager Business Development

Manager Community Development

Accountant

Senior Librarian

 

FINANCE – WRITING OFF DEBTS

DELEGATES

To approve the abandonment of debts up to an amount of $5,000 in accordance with the provisions of Clause 213 of the Local Government (General) Regulation 2005.

 

General Manager

Assistant General Manager Corporate Services

Manager Financial Services

Accountant

Finance Officer - Revenue

Rates Officer

Rates Assistant

 

FINANCE – WAYS TO PAY ACCOUNTS

DELEGATES

To accept proposals from banks, Australia Post and financial institutions to act as agents for Council for the collection of payment of rates and charges.

General Manager

Assistant General Manager Corporate Services

Manager Financial Services

Accountant

 


FOOD ACT 2003

DELEGATES

To exercise the powers of the Director-General of the NSW Food Authority as the “appropriate enforcement agency” in NSW for the purpose of the Food Standards Code, Standard 3.2.2 clauses 15 & 17 and Standard 3.2.3 clauses 10 & 14.

 

General Manager

Manager Development & Environment

Senior Health & Building Surveyor

Area Health & Building Surveyors

 

GOVERNMENT INFORMATION PUBLIC ACCESS ACT 2009 – INTERNAL REVIEWS

DELEGATES

To determine applications for internal reviews made under the Government Information Public Access Act 2009.

 

General Manager

Assistant General Manager Corporate Services

GOVERNMENT INFORMATION PUBLIC ACCESS ACT 2009 – REQUEST FOR INFORMATION

DELEGATES

To approve or refuse informal applications made under the Government Information Public Access Act 2009 for access to Council documents.

General Manager

Assistant General Manager Corporate Services

Records Officer

 

To approve or refuse formal applications made under the Government Information Public Access Act 2009 for access to Council documents.

 

General Manager

Assistant General Manager Corporate Services

Records Officer

 

To proactively release information under the Government Information Public Access Act 2009.

 

All staff

 

GRANTS/SUBSIDIES

DELEGATES

To make applications for grants where, except for in-kind contributions, there is no contributory funding requirement from Council or where there is a contributory funding requirement and Council’s budget has made provision for this.

All staff

To formally accept grants.

General Manager

Assistant General Manager Engineering Services

Assistant General Manager Corporate Services

Manager Infrastructure Services

Manager Technical Services

Manager Water & Sewerage

Manager Assets

Manager Human Resources

Manager Community Development

Manager Development & Environment

Manager Financial Services

Manager Information Technology

Manager Business Development

Accountant

Grants & Contributions Officer

 

To undertake and certify all grant acquittal requirements.

 

General Manager

Assistant General Manager Engineering Services

Assistant General Manager Corporate Services

Manager Infrastructure Services

Manager Technical Services

Manager Water & Sewerage

Manager Assets

Manager Human Resources

Manager Community Development

Manager Development & Environment

Manager Financial Services

Manager Information Technology

Manager Business Development

Accountant

Grants & Contributions Officer

Engineering Designer

 

INFRINGEMENT/PENALTY NOTICES

DELEGATES

To issue on the spot penalty infringement notices in relation to any legislation within Council’s jurisdiction.

 

General Manager

Assistant General Manager Corporate Services

Assistant General Manager Engineering Services

Manager Development & Environment

Senior Health & Building Surveyor

Area Health & Building Surveyors

Rangers

Senior Town Planner

Technical Officer – Water and Sewerage

 

INSURANCE – INSURERS CLAIMS

DELEGATES

To authorise payment of claims against Council, subject to the acceptance of the claim by the Council’s insurer if it exceeds the Council’s excess.

 

General Manager

Assistant General Manager Corporate Services

Assistant General Manager Engineering Services

Manager Human Resources

 


 

IMPOUND ANIMALS AND ARTICLES

 

To impound animals and articles under the Impounding Act 1993 and to seize, sell, or destroy animals under the Companion Animals Act 1998.

 

General Manager

Manager Development & Environment

Ranger

 

LEGAL ADVICE

DELEGATES

To obtain legal advice from a Solicitor or Counsel.

 

General Manager

Assistant General Manager Engineering Services

Assistant General Manager Corporate Services

Manager Infrastructure Services

Manager Technical Services

Manager Water & Sewerage

Manager Assets

Manager Human Resources

Manager Community Development

Manager Development & Environment

Manager Financial Services

Manager Information Technology

Manager Business Development

Rates Officer

 

LEGAL DOCUMENTS - GENERAL

DELEGATES

To sign any contract, lease, licence, deed, or legal or other document, where the execution of such document is necessary to meet legal or Council formalities when such relate to the Council’s normal business activities.

 

General Manager

Assistant General Manager Engineering Services

Assistant General Manager Corporate Services

Manager Infrastructure Services

Manager Technical Services

Manager Water & Sewerage

Manager Assets

Manager Human Resources

Manager Community Development

Manager Development & Environment

Manager Financial Services

Manager Information Technology

Manager Business Development

 

LEGAL DOCUMENTS – SERVICE

DELEGATES

To accept service of documents on behalf of Council.

 

All staff

LEGAL PROCEEDINGS

DELEGATES

To authorise the issue of Court attendance notices, application notices, subpoenas, the laying of any information or the making of any complaint for the recovery of any penalty or the making of any order for, or in respect of, any offence, nuisance or other matter or thing whatsoever under any Act of instrument which empowers such action to be taken by Council, or its employees and to issue such Court attendance notices, application notices, subpoenas or to lay any such information or make any such complaint.

 

General Manager

Assistant General Manager Engineering Services

Assistant General Manager Corporate Services

Manager Infrastructure Services

Manager Technical Services

Manager Water & Sewerage

Manager Assets

Manager Human Resources

Manager Community Development

Manager Development & Environment

Manager Financial Services

Manager Information Technology

Manager Business Development

Rates Officer

Rates Assistant

Finance Officer – Revenue

Rangers

 

To order the institution of proceedings for the recovery of any penalty or the making of any order for, or in respect of, any offence, nuisance or other matter or thing whatsoever under any Act or instrument which empowers such action to be taken by Council.

General Manager

Assistant General Manager Engineering Services

Assistant General Manager Corporate Services

Manager Infrastructure Services

Manager Technical Services

Manager Water & Sewerage

Manager Assets

Manager Human Resources

Manager Community Development

Manager Development & Environment

Manager Financial Services

Manager Information Technology

Manager Business Development

Rates Officer

Rates Assistant

Finance Officer - Revenue

 

To represent Council in all respects in any proceedings in any Court or Inquiry.

General Manager

Assistant General Manager Engineering Services

Assistant General Manager Corporate Services

Manager Infrastructure Services

Manager Technical Services

Manager Water & Sewerage

Manager Assets

Manager Human Resources

Manager Community Development

Manager Development & Environment

Manager Financial Services

Manager Information Technology

Manager Business Development

Coordinator Strategic Planning & Natural Resources

Senior Town Planner

Senior Health & Building Surveyor

Area Health & Building Surveyors

Technical Officer – Water & Sewerage

Rangers

Rates Officer

 

To institute any legal proceedings.

General Manager

Assistant General Manager Engineering Services

Assistant General Manager Corporate Services

Manager Infrastructure Services

Manager Technical Services

Manager Water & Sewerage

Manager Assets

Manager Human Resources

Manager Community Development

Manager Development & Environment

Manager Financial Services

Manager Information Technology

Manager Business Development

Rates Officer

 

To instruct Council’s solicitors and other legal representatives in the conduct of any action, suit or other legal proceedings in any court.

General Manager

Assistant General Manager Engineering Services

Assistant General Manager Corporate Services

Manager Infrastructure Services

Manager Technical Services

Manager Water & Sewerage

Manager Assets

Manager Human Resources

Manager Community Development

Manager Development & Environment

Manager Financial Services

Manager Information Technology

Manager Business Development

Coordinator Strategic Planning & Natural Resources

Senior Town Planner

Senior Health & Building Surveyor

Area Health & Building Surveyors

Technical Officer – Water & Sewerage

Rangers

Rates Officer

 

To authorise legal and other representation of Council in any legal proceedings.

General Manager

Assistant General Manager Engineering Services

Assistant General Manager Corporate Services

Manager Infrastructure Services

Manager Technical Services

Manager Water & Sewerage

Manager Assets

Manager Human Resources

Manager Community Development

Manager Development & Environment

Manager Financial Services

Manager Information Technology

Manager Business Development

Rates Officer

 

 

LIQUOR ACT & REGISTERED CLUBS ACT

DELEGATES

To exercise delegated authority on behalf of the Council in respect to matters arising from processes required by the Liquor Act and Registered Clubs Act.

 

General Manager

Assistant General Manager Corporate Services

Manager Community Development

Manager Development & Environment

 

LOAD LIMITS

DELEGATES

To stop vehicles on public roads, check the tare weight of such vehicles and determine whether such vehicles comply with any load limit imposed upon the road.

 

Mid North Weight of Loads Group

LOCAL GOVERNMENT ACT

DELEGATES

To authorise action so as to comply with any provision of the Local Government Act.

 

General Manager

Assistant General Manager Engineering Services

Assistant General Manager Corporate Services

Manager Infrastructure Services

Manager Technical Services

Manager Water & Sewerage

Manager Assets

Manager Human Resources

Manager Community Development

Manager Development & Environment

Manager Financial Services

Manager Information Technology

Manager Business Development

Accountant

Rates Officer

Rates Assistant

Senior Health & Building Surveyor

Area Health & Building Surveyors

Rangers

Business Services Unit Officer, Matt Harper

 

LOCAL APPROVALS - INFRASTRUCTURE

DELEGATES

To grant local approvals contained in Section 68 of the Local Government Act, 1993, necessary to provide the public and private works and services approved by Council in the adopted budget (operational plan).

 

General Manager

Assistant General Manager Engineering Services

Manager Water & Sewerage

Manager Technical Services

Manager Infrastructure Services

Roads Coordinator

Structures Coordinator

 

LOCAL APPROVALS, CONSENTS AND CERTIFICATES – ASSESSMENT OF DETAILS

DELEGATES

To assess applications, subject to compliance with the term of the approval and Local Government legislation including structural engineering details, mechanical ventilation, fire safety and construction details and details submitted to comply with an approval.

 

General Manager

Assistant General Manager Engineering Services

Manager Water & Sewerage

Manager Technical Services

Manager Infrastructure Services

Manager Assets

Engineering Designer

Water & Sewerage Engineer

Manager Development & Environment

Senior Health & Building Surveyor

Area Health & Building Surveyors

Coordinator Strategic Planning & Natural Resources

Senior Town Planner

Technical Officer Planning

Technical Officer – Water & Sewerage

 

LOCAL APPROVALS

DELEGATES

To undertake all of the functions contained in Chapter 7 of the Local Government Act, 1993 for the assessment and determination of applications for activities as contained in the Table to Section 68 of the Act.

 

General Manager

Assistant General Manager Engineering Services

Manager Water & Sewerage

Manager Technical Services

Manager Infrastructure Services

Manager Development & Environment

Civic Services Coordinator

Water & Sewerage Engineer

Technical Officer – Water/Sewer

Senior Health & Building Surveyor

Area Health & Building Surveyors

Senior Town Planner

Coordinator Strategic Planning & Natural Resources

Technical Officer Planning

 


 

LOCAL APPROVALS – S82 OBJECTIONS

DELEGATES

To exercise the functions of the Council in relation to the assessment and determination of objections under Section 82 of the Local Government Act 1993.

 

General Manager

Assistant General Manager Engineering Services

Manager Water & Sewerage

Manager Technical Services

Manager Infrastructure Services

Manager Development & Environment

Civic Services Coordinator

Water & Sewerage Engineer

Technical Officer – Water/Sewer

Senior Health & Building Surveyor

Area Health & Building Surveyors

 

MEDIA RELATIONS

DELEGATES

To answer questions from the media and to make media statements on behalf of Council

General Manager

Assistant General Manager Engineering Services

Assistant General Manager Corporate Services

Manager Water & Sewerage

Manager Infrastructure Services

Manager Assets

Manager Technical Services

Manager Human Resources

Manager Development & Environment

Manager Information Technology

Manager Business Development

Manager Financial Services

Manager Community Development

 

To make or authorise media releases on all matters to do with Council, provided that the concurrence of the Mayor is obtained.

 

General Manager

Assistant General Manager Engineering Services

Assistant General Manager Corporate Services

 

MOTOR VEHICLES – PRIVATE LEASEBACK AND COMMUTER USE BY COUNCIL STAFF

DELEGATES

To approve applications from employees to participate in Council’s leaseback motor vehicle policy, including commuter use, and to execute the appropriate standard written agreement.

 

General Manager

Assistant General Manager Engineering Services

Assistant General Manager Corporate Services

 

NOTICES AND REGULATORY ORDERS

DELEGATES

To issue or serve notices and/or orders under the Environmental Planning and Assessment Act 1979; Local Government Act 1993; Public Health Act 1991; Food Act 2003; Protection of the Environment Operations Act 1997; Swimming Pools Act 1992; Noxious Weeds Act 1993; Roads Act 1993; Impounding Act 1993; Companion Animals Act 1998; Waste Avoidance & Resource Recovery Act 2001; Environmental Penalties and Offences Act; Trees (Disputes Between Neighbours) Act 2006 or any other Acts which Nambucca Shire Council is required by law to administer.

 

General Manager

Assistant General Manager Engineering Services

Assistant General Manager Corporate Services

Manager Development & Environment

Senior Health & Building Surveyor

Area Health & Building Surveyors

Technical Officer – Water & Sewerage

Rangers

Coordinator Strategic Planning & Natural Resources

Senior Town Planner

Green Space Coordinator

Site Leader Green Space

 

PLANNING CONTROL - DEVELOPMENT ASSESSMENT

DELEGATES

To determine development applications under Part 4 of the Environmental Planning and Assessment Act having regard to the relevant environmental planning instruments, development control plans and Council policies, with the exception of:

1.  Applications which have been “called in” by Council

2.  Applications on land owned or under the care and control of Council where objections are unresolved.

 

General Manager

Manager Development & Environment

Senior Health & Building Surveyor

Area Health & Building Surveyors

Coordinator Strategic Planning & Natural Resources

Senior Town Planner

Technical Officer Planning

 

 

 


 

PLANNING CONTROL – OUTDOOR DINING

DELEGATES

To determine applications for approval to operate outdoor dining under the Roads Act 1993 and the execution of any agreement.

 

 

General Manager

Manager Development & Environment

Senior Health & Building Surveyor

Area Health & Building Surveyors

Coordinator Strategic Planning & Natural Resources

Senior Town Planner

Technical Officer Planning

 

 

PLANNING CONTROL – PART 5 ACTIVITIES

DELEGATES

To exercise the functions of Council in determining whether an environmental impact statement is required.

General Manager

Assistant General Manager Engineering Services

Manager Infrastructure Services

Manager Water & Sewerage

Manage Assets

Manager Technical Services

Manager Development & Environment

Coordinator Strategic Planning & Natural Resources

Senior Town Planner

 

To exercise the functions of Council under Part 5 of the Environmental Planning and Assessment Act in granting or refusing approval to a proposed activity.

 

General Manager

Assistant General Manager Engineering Services

Manager Infrastructure Services

Manager Water & Sewerage

Manage Assets

Manager Technical Services

Manager Development & Environment

Coordinator Strategic Planning & Natural Resources

Senior Town Planner

Engineering Designer

PLANNING CONTROL – AMENDED PLANS

DELEGATES

To agree to the amendment of a development application before determination in accordance with Clause 48A of the Environmental Planning and Assessment Regulation.

 

General Manager

Manager Development & Environment

Senior Health & Building Surveyor

Area Health & Building Surveyors

Coordinator Strategic Planning & Natural Resources

Senior Town Planner

Technical Officer Planning

PLANNING CONTROL - S82A REVIEW OF DETERMINATION

DELEGATES

To determine applications for the review of a determination of a development application under Section 82A of the Environmental Planning and Assessment Act 1979.

 

General Manager

Manager Development & Environment

PLANNING CONTROL – S96 MODIFICATION OF CONSENTS

DELEGATES

To determine applications for the modification of a development consent under Section 96 of the Environmental Planning and Assessment Act 1979 with the exception of:

1.  Applications which have been “called in” by Council

2.  Applications on land owned or under the care and control of Council where objections are unresolved.

 

General Manager

Manager Development & Environment

Senior Health & Building Surveyor

Area Health & Building Surveyors

Coordinator Strategic Planning & Natural Resources

Senior Town Planner

Technical Officer Planning

 

PLANNING CONTROL – SEPP 1 OBJECTIONS

DELEGATES

To exercise functions of the Council in relation to the assessment and determination of objections under State Environmental Planning Policy No. 1.

 

General Manager

Manager Development & Environment

Senior Health & Building Surveyor

Area Health & Building Surveyors

Coordinator Strategic Planning & Natural Resources

Senior Town Planner

Technical Officer Planning


 

PLANNING CONTROL – SECTION 149 (ZONING) CERTIFICATES

DELEGATES

Issue Section 149 zoning certificates.

 

General Manager

Manager Development & Environment

Coordinator Strategic Planning & Natural Resources

Senior Town Planner

Technical Officer Planning

 

 

PLANNING CONTROL – STRATA SUBDIVISIONS

DELEGATES

To determine applications for strata subdivision.

 

General Manager

Manager Development & Environment

Senior Health & Building Surveyor

Area Health & Building Surveyors

Coordinator Strategic Planning & Natural Resources

Senior Town Planner

Technical Officer Planning

 

PLANNING CONTROL – SUBDIVISION CERTIFICATES

DELEGATES

To issue subdivision certificates under the Environmental Planning and Assessment Act.

 

General Manager

Manager Development & Environment

Coordinator Strategic Planning & Natural Resources

Senior Town Planner

Technical Officer Planning

 

PLANNING CONTROL – SUBDIVISION MATTERS

DELEGATES

Certify that bonded works have been completed to Council’s satisfaction (including maintenance period) and then release or reduce the relevant bond.

General Manager

Assistant General Manager Engineering Services

Manager Assets

Manager Technical Services

Manager Water & Sewerage

Manager Infrastructure Services

Manager Development & Environment

Coordinator Strategic Planning & Natural Resources

Senior Town Planner

Technical Officer Planning

 

Vary, modify or release restriction to users and/or covenants created by Section 88B instruments in relation to subdivisions and to fix the common seal of Council.

 

General Manager

Manager Development & Environment

Coordinator Strategic Planning & Natural Resources

Senior Town Planner

Technical Officer Planning

PLAN MAKING – LOCAL ENVIRONMENTAL PLANS

DELEGATES

To undertake all functions delegated to Council except for the resolution to prepare a local environmental plan and whenever Council receives public submissions in response to the advertising of a draft local environmental plan, that those submissions be reported to Council.

General Manager

Manager Development & Environment

Coordinator Strategic Planning & Natural Resources

Senior Town Planner

Technical Officer Planning

PLANT DISPOSAL

DELEGATES

To dispose of surplus Council plant by auction.

 

General Manager

Assistant General Manager Engineering Services

Manager Assets

PLANT REPLACEMENT

DELEGATES

To replace plant in accordance with Council’s adopted plant replacement program and Council’s policies.

 

General Manager

Assistant General Manager Engineering Services (except for light vehicles which are approved by the GM)

Manager Assets (except for light vehicles which are approved done by the GM)

 

 

PRIVACY & PERSONAL INFORMATION PROTECTION ACT - APPLICATIONS

DELEGATES

To determine applications made under the Privacy and Personal Information Protection Act 1998.

 

General Manager

Assistant General Manager Corporate Services

Records Officer

 

PROPERTY – LEASING

DELEGATES

To authorise the leasing or licensing of Council property at market rates.

 

General Manager

Assistant General Manager Corporate Services

Manager Business Development

 

PROPERTY – USE OF

DELEGATES

To approve or refuse the use of Council buildings and to charge a fee, if applicable.

General Manager

Assistant General Manager Engineering Services

Assistant General Manager Corporate Services

Manager Infrastructure Services

Manager Technical Services

Manager Water & Sewerage

Manager Assets

Manager Human Resources

Manager Community Development

Manager Development & Environment

Manager Financial Services

Manager Information Technology

Manager Business Development

 

To approve the lending of Council equipment to community groups and service clubs.

 

General Manager

Assistant General Manager Engineering Services

Assistant General Manager Corporate Services

Manager Infrastructure Services

Manager Technical Services

Manager Water & Sewerage

Manager Assets

Manager Human Resources

Manager Community Development

Manager Development & Environment

Manager Financial Services

Manager Information Technology

Manager Business Development

 

PROPERTY – SALE OF LAND

DELEGATES

To sign any contract for sale of land where such land is sold by auction, in pursuance of a resolution of Council to sell such land.

 

General Manager

Assistant General Manager Engineering Services

Assistant General Manager Corporate Services

Manager Business Development

 

PROTECTED DISCLOSURES ACT

DELEGATES

To accept disclosures in accordance with the provisions of the Protected Disclosures Act, 1994.

 

General Manager

Assistant General Manager Corporate Services

Manager Human Resources

 

PUBLIC OFFICER

DELEGATES

To perform the functions of the Public Officer in accordance with the Local Government Act 1993.

 

Assistant General Manager Corporate Services

General Manager (in absence of AGMCS)

Records Officer (in absence of GM and AGMS)

 

PUBLIC RESERVES AND PLAYING FIELDS

DELEGATES

To approve, approve with conditions, or refuse applications for permission to use public reserves and playing fields, and for the casual and seasonal hiring and use of reserves and playing fields under the care, control and management of Council, subject to the payment of any applicable hiring charges.

Applicable Section 355 Committee of Management

To approve the refund of hiring fees, where, due to circumstances beyond the control of the hirer, the use of the reserve or playing field was impossible.

 

Applicable Section 355 Committee of Management

PRIVATE PROPERTY – ENTRY & INSPECTION

DELEGATES

To enter and examine at any reasonable hour, any premises within the Local Government Area for any purpose relating to the administration of the Local Government Act 1993, the Environmental Planning and Assessment Act 1979, the Public Health Act, the Food Act 1989, the Protection of the Environment Operations Act 1997, Swimming Pools Act 1992, Companion Animals Act 1998, Strata Schemes Management Act 1996, Waste Avoidance & Resource Recovery Act 2001 and all other Acts which Nambucca Shire Council is required by law to administer.

 

General Manager

Assistant General Manager Engineering Services

Assistant General Manager Corporate Services

Manager Development & Environment

All staff in Engineering Services

Senior Health & Building Surveyor

Area Health & Building Surveyors

Technical Officer – Water & Sewerage

Rangers

Coordinator Strategic Planning & Natural Resources

Senior Town Planner

Technical Officer Planning

 

PRIVATE WORKS

DELEGATES

To authorise the use of Council staff, plant, equipment and contractors to carry out private works.  Also to carry out works for Government Departments and statutory bodies upon receipt of an order.  Any authorisation in relation to private works is subject to the provisions of Council's Code of Conduct and its Donations Policy.

General Manager

Assistant General Manager Engineering Services

Manager Infrastructure Services

Manager Water & Sewerage

Manager Assets

Manager Technical Services

Structures Coordinator

Roads Coordinator

Water & Sewerage Coordinator

Green Space Coordinator

 

To hire out Council’s plant at charges approved by the Council.  Any authorisation in relation to hiring out plant is subject to the provisions of Council’s Code of Conduct and its Donations Policy.

 

General Manager

Assistant General Manager Engineering Services

Manager Infrastructure Services

Manager Water & Sewerage

Manager Assets

Manager Technical Services

Structures Coordinator

Roads Coordinator

Water & Sewerage Coordinator

Green Space Coordinator

 

RECORDS - DISPOSAL

DELEGATES

To authorise the disposal of Council’s records in accordance with statutory limitations and the adopted disposal schedule.

 

General Manager

Assistant General Manager Corporate Services

Records Officer

 

ROADS ACT 1993

DELEGATES

To approve, approve subject to conditions, or refuse applications under Section 138 of the Roads Act 1993, for work in, on or over the road reserve.

General Manager

Assistant General Manager Engineering Services

Manager Infrastructure Services

Manager Water & Sewerage

Manager Assets

Manager Technical Services

Engineering Designer

 

To approve any civil works within the road reserve.

 

General Manager

Assistant General Manager Engineering Services

Manager Infrastructure Services

Manager Water & Sewerage

Manager Assets

Manager Technical Services

Structures Coordinator

Roads Coordinator

Water & Sewerage Coordinator

Green Space Coordinator

Engineering Site Leaders

 

 

ROADS, FOOTPATHS & PUBLIC PLACES

DELEGATES

Approve parking of mobile display caravans in public streets and places where the caravans display information from government organisations.

General Manager

Assistant General Manager Engineering Services

Assistant General Manager Corporate Services

Manager Assets

Manager Technical Services

 

Approve the naming of new roads within subdivisions on historical, Aboriginal, prominent or famous people or a particular theme, provided such names are not the name of the subdivider or those of living persons.

General Manager

Assistant General Manager Engineering Services

Assistant General Manager Corporate Services

Manager Technical Services

 

To close roads, footpaths and public places, temporarily for repairs, construction or for public activities.

 

General Manager

Assistant General Manager Engineering Services

Manager Infrastructure Services

Manager Water & Sewerage

Manager Assets

Manager Technical Services

Structures Coordinator

Roads Coordinator

Water & Sewerage Coordinator

Green Space Coordinator

Engineering Site Leaders

 

SEAL

DELEGATES

To affix the seal of Council to a document in accordance with a Council resolution.

 

General Manager

Assistant General Manager Engineering Services

Assistant General Manager Corporate Services

Manager Infrastructure Services

Manager Technical Services

Manager Water & Sewerage

Manager Assets

Manager Human Resources

Manager Community Development

Manager Development & Environment

Manager Financial Services

Manager Information Technology

Manager Business Development

 

STREET NUMBERING

DELEGATES

To determine the street number of properties.

General Manager

Assistant General Manager Corporate Services

Manager Information Technology

Senior GIS Officer

 

To issue orders requiring persons to identify premises under Section 124 of the Local Government Act 1993.

 

General Manager

Assistant General Manager Corporate Services

Manager Information Technology

Senior GIS Officer

 

STAFF

DELEGATES

To authorise, approve and determine all matters in regard to staff except for the appointment of Assistant General Managers and the adoption of Council’s organisation structure.

 

General Manager

Assistant General Manager Engineering Services

Assistant General Manager Corporate Services

 

To approve leave

 

General Manager

Assistant General Manager Engineering Services

Assistant General Manager Corporate Services

Manager Infrastructure Services

Manager Technical Services

Manager Water & Sewerage

Manager Assets

Manager Human Resources

Manager Community Development

Manager Development & Environment

Manager Financial Services

Manager Information Technology

Manager Business Development

Senior Librarian

Accountant

Rates Officer

 

STAFF – REDUNDANCY

DELEGATES

To enter into redundancy arrangements with staff through organisational restructuring and other changes agreed to by Council.

 

General Manager

STAFF – TRAINING PLAN

DELEGATES

To approve staff training in accordance with Council’s budget allocation and the staff training plan.

General Manager

Assistant General Manager Engineering Services

Assistant General Manager Corporate Services

Manager Infrastructure Services

Manager Technical Services

Manager Water & Sewerage

Manager Assets

Manager Human Resources

Manager Community Development

Manager Development & Environment

Manager Financial Services

Manager Information Technology

Manager Business Development

Accountant

 

STREET LIGHTING

DELEGATES

To approve the replacement of street lamps or variation in wattage or type of street lamps in accordance with proposals submitted by the energy provider.

General Manager

Assistant General Manager Engineering Services

Manager Assets

 

To approve applications being made for improved street lighting and the acceptance of charges in respect thereof.

General Manager

Assistant General Manager Engineering Services

Manager Assets

 

Determine where additional street lights are to be installed or existing lights upgraded within the limits of funds voted by Council.

 

General Manager

Assistant General Manager Engineering Services

Manager Assets

 

STREET PROCESSIONS, ETC

DELEGATES

To approve, subject to Police requirements and any appropriate conditions or refuse, applications for permission to hold street processions, marches, fun runs and the like on public roads.

 

General Manager

Assistant General Manager Engineering Services

Manager Technical Services

 

STREET STALLS, COLLECTIONS, ETC

DELEGATES

To approve, with or without conditions, or refuse applications for door knock appeals and any applications for the solicitation or collection in any public road or place of gifts of money or subscriptions for any purpose.

General Manager

Assistant General Manager Engineering Services

Assistant General Manager Corporate Services

(Council policy that applications be determined by the relevant Chambers of Commerce)

 

To issue permits, with or without conditions, or refuse applications made by charitable and non-profit organisations, churches and the like, for the conduct of street stalls.

 

General Manager

Assistant General Manager Engineering Services

Assistant General Manager Corporate Services

(Council policy that applications be determined by the relevant Chambers of Commerce)

 

TEMPORARY OCCUPATION

DELEGATES

Give approval to occupy a caravan on-site where an application for a construction certificate for a dwelling has been approved and buildings under construction have reached the ground floor level and toilet and washing facilities have been provided.  Approval shall be for a maximum period of 6 months.

 

General Manager

Manager Development & Environment

Senior Health & Building Surveyor

Area Health & Building Surveyors

Coordinator Strategic Planning & Natural Resources

Senior Town Planner

Technical Officer Planning

 

 

TENDERS – OPENING

DELEGATES

To act as the appropriate person in accordance with the Local Government (Tendering) Regulation 1993 for the opening of tenders received in Council’s tender box.

 

General Manager

Assistant General Manager Engineering Services

Assistant General Manager Corporate Services

Manager Infrastructure Services

Manager Technical Services

Manager Water & Sewerage

Manager Assets

Manager Human Resources

Manager Community Development

Manager Development & Environment

Manager Financial Services

Manager Information Technology

Manager Business Development

Engineering Designer

Technical Officer – Assets

Civic Services Coordinator

Water & Sewerage Engineer

Engineering Support Officer

Executive Assistants

Records Officer

Business Services Officer – Records

Accountant

 

TENDERS – CALLING OF

DELEGATES

To call tenders on Council’s behalf.

 

General Manager

Assistant General Manager Engineering Services

Assistant General Manager Corporate Services

TENDERS – EXTENSION OF CLOSING TIME

DELEGATES

To extend the closing time for the lodgement of tenders where warranted.

 

General Manager

Assistant General Manager Engineering Services

Assistant General Manager Corporate Services

Manager Infrastructure Services

Manager Water & Sewerage

Manager Assets

Manager Technical Services

 

TENDERS – METHOD

DELEGATES

To determine the method of tendering as prescribed in Clause 166 of the Local Government (General) Regulation 2005.

 

General Manager

Assistant General Manager Engineering Services

Assistant General Manager Corporate Services

 

TREE – REMOVAL

DELEGATES

In accordance with any applicable Council policy, authorise the removal of trees considered to have a detrimental effect on Council’s infrastructure.

 

General Manager

Assistant General Manager Engineering Services

Manager Infrastructure Services

Green Space Coordinator

Roads Coordinator

Structures Coordinator

 

TRAFFIC MATTERS

DELEGATES

To exercise or perform on behalf of the Council, such powers, duties and responsibilities as are delegated from time to time to the Council by Roads and Maritime Services pursuant to the powers conferred by the Traffic Administration Act, 1998.

 

General Manager

Assistant General Manager Engineering Services

Manager Infrastructure Services

Manager Water & Sewerage

Manager Assets

Manager Technical Services

 

VALUATION APPEALS

DELEGATES

To represent the Council, or to appoint a suitable representative to appear before the Land and Environment Court at any hearings of objections against valuations of properties in the local government area.

 

General Manager

Assistant General Manager Corporate Services

Manager Financial Services

Rates Officer

WATER RESTRICTIONS

DELEGATES

In consultation with the Mayor, to determine and implement water restrictions as appropriate.

 

General Manager

Assistant General Manager Engineering Services

Manager Water & Sewerage

 

WEEDS

DELEGATES

All functions in relation to the control of weeds, including the service of notice on property owners for the control of weeds.

 

General Manager

Assistant General Manager Engineering Services

Manager Infrastructure Services

Noxious Weeds Inspector

 

WORKS - URGENT

DELEGATES

To approve work to a maximum cost of $10,000 which is considered urgent and in the public interest and for which there is no budget provision but where funds are available within the overall vote for the particular section.

 

General Manager

Assistant General Manager Engineering Services

Assistant General Manager Corporate Services

Manager Infrastructure Services

Manager Technical Services

Manager Water & Sewerage

Manager Assets

Manager Development & Environment

Manager Financial Services

Manager Human Resources

Manager Information Technology

Manager Business Development

Accountant

Manager Community Development

Civic Services Coordinator

Water & Sewerage Engineer

Engineering Designer

Structures Coordinator

Roads Coordinator

Safety & Risk Officer

Senior Health & Building Surveyor

Technical Officer – Assets

Coordinator Strategic Planning & Natural Resources

Information & Communications Technology Officer

Green Space Coordinator

Rates Officer

Senior Librarian

Water & Sewerage Coordinator

Surveyor

 


Ordinary Council Meeting                                                                                                     27 July 2017

General Manager's Report

ITEM 9.3      SF841              270717         Nambucca Heads to Urunga Pacific Highway Upgrade - Post-Construction Operational Noise Report

 

AUTHOR/ENQUIRIES:    Michael Coulter, General Manager         

 

Summary:

 

A post-construction operational noise report of the Pacific Highway between Nambucca Heads and Urunga has concluded that the design stage recommended noise mitigation measures are considered appropriate for all receivers (residents) and no additional noise mitigation measures are recommended.

 

However the determination of the consultants AECOM Australia Pty Ltd is at odds with the 75 separate submissions logged in the noise complaint register being Appendix H of the report.

 

 

Recommendation:

 

That Council make representations to the Member for Oxley and Minister for Roads, and Maritime and Freight supporting the residents’ concerns in relation to the post construction operational noise of the Pacific Highway between Nambucca Heads and Urunga and requesting additional noise attenuation to improve residential amenity.

 

 

OPTIONS:

 

Consideration has been given to Council commissioning its own acoustic assessment of the Highway’s post-construction operational noise.  This is likely to be relatively expensive and will not change the fact that many residents of Valla Rural and Valla Beach have complained about highway noise levels negatively impacting on their residential amenity.

 

The preferred approach is to seek recognition from Roads and Maritime Services (RMS) and the NSW Government that a problem does exist and to work collaboratively to find cost effective solutions.

 

DISCUSSION:

 

NSW Roads and Maritime Services (RMS) have now released the post construction operational noise report for the Nambucca Heads to Urunga Pacific Highway upgrade.

 

The completion of the noise report follows a host of complaints from Valla rural and Valla Beach residents concerning highway noise levels adversely affecting their residential amenity.

 

The report prepared by consultants AECOM Australia Pty Ltd on behalf of the RMS concludes that post construction noise levels at all receiver locations, with the exception of two, do not exceed the design model noise levels by more than 2dB. Noise levels at these two receiver locations were predicted to exceed the LAeq(15hr) and/or LAeq(9hr) criteria, however both receivers were already deemed eligible for treatment in the Operational Noise Management Report (ONMR). AECOM comments that the treatments were subsequently implemented and are considered appropriate for the level of exceedances predicted in this post construction noise assessment. They conclude that further consideration of additional mitigation measures is not required for these receivers.

 

AECOM conclude that as the design stage recommended noise mitigation measures are considered appropriate for all receivers, no additional noise mitigation measures are recommended.

 

A link to the noise report follows:

 

www.rms.nsw.gov.au/projects/northern-nsw/nambucca-heads-to-urunga/project-documents.html

 

The determination of the consultants AECOM Australia Pty Ltd is at odds with the 75 separate submissions logged in the noise complaint register being Appendix H of the report and the 700 signatures on a petition seeking action to alleviate the operational noise of the highway.

 

A review of Appendix H reveals a host of complaints concerning operational road noise from residents of Burkes Lane, East West Road, Ocean View Drive, Max Graham Drive, Bowerbird Lane, Picket Hill Close, Blackbutt Lane, Birugan Close, Forest Oak Chase, Timbertop Court, the Pearl Estate, Auld Close, Bale Close, Ginnagay Way, and even as far afield as Allison Road in Hyland Park.

 

Based on the resident complaints it seems that the noise reducing asphalt pavement should have been used more extensively, particularly in the vicinity of Valla where there is a concentration of rural residential properties immediately to the east and west of the new highway alignment.  There may be other site specific noise attenuation work such as earth berms which could provide benefit to residents at minimal cost.  Because of the report’s determination, none of these options are considered.

 

The attached “frequently asked questions” explanation indicates that the unreinforced concrete pavement laid on the Nambucca Heads to Urunga project has joints cut in it and there is an ongoing small movement at each joint.  The assessment is that if asphalt is placed over this type of concrete it would crack at each joint in the concrete pavement.

 

RMS staff provided a briefing to Valla and Valla Beach residents at a meeting of the Valla Beach Community Association held on 17 July 2017.

 

There are further opportunities for residents wishing to discuss the details of the report, with community drop-in sessions to be held as follows:

 

When:         Tuesday 1 August 2017, from 4-7 pm

Where:        Senior Citizens Hall, Bowra Street, Urunga

 

When:         Wednesday 2 August 2017, from 4-7 pm

Where:        Nambucca Community and Arts Centre, Ridge Street, Nambucca Heads

 

The numerous complaints which have been lodged about the operational road noise impacting on existing residents plainly identify that a problem exists.

 

The report does not seem to accept the legitimacy of these complaints nor does it countenance any further action to attenuate the noise.  This will mean the existing residents will be burdened with this noise in perpetuity and also with the prospect that it will increase with the volume of traffic.

 

Council should make representations to the Member for Oxley and Minister for Roads, and Maritime and Freight supporting the residents’ concerns and requesting the NSW Government’s consideration of additional noise attenuation to improve their residential amenity.

 

CONSULTATION:

 

There has been consultation with the Mayor and Coordinator Strategic Planning and Natural Resources who attended the meeting on 17 July 2017.

 

There has been consultation with the Secretary of the Valla Beach Community Association.  The Association has received a petition with 700 signatures seeking action to alleviate the operational noise of the highway.  The Association is trying to arrange a meeting with the Member for Oxley and Minister for Roads, and Maritime and Freight to present the petition.

 


 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

The impact of highway road noise on fauna is not well understood.  Its impacts on people are well understood.

 

Social

 

The level of complaint in relation to the road noise from the new highway is such that there is a significant social impact.

 

Economic

 

The impact of road noise may affect property values in the area, and particularly for homes which have had no acoustic treatment.

 

Risk

 

There are no identified risks to Council.

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

There is no budgetary impact.

 

Source of fund and any variance to working funds

 

The recommendation has no impact on working funds.

 

Service level changes and resourcing/staff implications

 

There are no significant service level/resourcing implications.

 

Attachments:

1

27125/2017 - Media Release - Post Construction Operational Noise Report

 

2

27126/2017 - Post Operational Noise Report - Frequently Asked Questions

 

  


Ordinary Council Meeting - 27 July 2017

Nambucca Heads to Urunga Pacific Highway Upgrade - Post-Construction Operational Noise Report

 


 


 


Ordinary Council Meeting - 27 July 2017

Nambucca Heads to Urunga Pacific Highway Upgrade - Post-Construction Operational Noise Report

 


 


 


 


 


Ordinary Council Meeting                                                                                                     27 July 2017

General Manager

ITEM 9.4      SF316              270717         Macksville Gift - Sponsorship Request

 

AUTHOR/ENQUIRIES:    Michael Coulter, General Manager         

 

Summary:

 

A summary is not required.

 

 

Recommendation:

 

That Council provide the 2017 Macksville Gift with sponsorship of $1,000.

 

 

 

OPTIONS:

 

Council has discretion as to what, if any, sponsorship it provides to local events.

 

 

DISCUSSION:

 

Council has received the following letter from Owen Rushton OAM from the Macksville Athletics Club on behalf of the Macksville Gift organising committee.  The letter was enclosed in an email which advised that the Committee is short a major sponsor and whilst other sources of funding are being explored, Mr Rushton hopes that Committee can, if possible, gain a contribution from Council.

 

The 64th “Macksville Gift” will be run on the 11th November 2017 and we as a committee are asking for assistance in meeting the costs of running this annual event in the Nambucca Shire.

The “Macksville Gift” has been held continuously for 64 years, and is one of the state’s most famous and prestigious foot races.

Run on grass, athletes are handicapped according to form and ability, and start off varying marks accordingly. Runners race for glory and prize money.

The main race is the Macksville Gift which is run over 120m up a slight gradient, and the final is traditionally held under lights on the 2nd Saturday on a balmy Summers evening each November.

 

Unlike the World Championships or Olympic Games which are conducted on synthetic rubber surfaces, the “Macksville Gift” is run on a grass track. For the majority of the year, Alan Gillettt Oval in the regional town of Macksville is home to local League and Touch competitions, but in November it transforms into an athletics mecca. For the sprint events, the athletes run in lanes that are separated by lane ropes, and painted lines. The famous finish gates are one of the most iconic features of the Macksville Gift.

 

The Macksville Gift is managed and organised by the Macksville Athletic Club, all of whom are volunteers and have enjoyed a long term involvement with the Gift. At the end of the year the committee distributes as much funds as possible to local charities. Over the years hundreds of thousands of dollars have been distributed to the construction of the District Olympic Pool, local hospital, and recently the Cancer Support group and Dialysis unit.

 

At present we looking for sponsors to cover the prize money of 4 races (3 x$500 each) including the “Macksville Gift” the signature race of the day ($5000).  We are also in need of sponsors to cover the cost of running the carnival, Publicity, Drone, PA and general running expenses.

 

Attached is the 2017 Program where you will see we have tried to involve the community as much as possible. We will be once again recording the events of the day and placing it on the Internet thus giving sponsors maximum exposure. Our Publicity will be seen in printed form, Television and Radio plus banners displayed in prominent positions around town and at the grounds prior to the day.

 

If there is any way your business can assist us in the running of the 64th Macksville Gift please contact myself

 

Owen Rushton OAM

President

Macksville Athletics Club”

 

In 2016 the Council provided, for the first time, a sponsorship of $1,000 to assist in the running of the gift.

 

Council has approximately $4,000 remaining unallocated in its donation’s budget, but this funding has to last for the rest of the financial year.

 

It is again proposed that Council provide the Macksville Gift with a sponsorship of $1,000 towards the running of the 2017 event.  Whilst this sum is relatively nominal, Council does have a limited donations budget and is unable to support all of the worthy community events which are conducted in the Shire.  In general terms Council should avoid being relied upon as a major sponsor for particular events as they require community support to be sustainable.  On this test it will be the case that some events survive and some don’t with their appeal to the community being the determining factor.

 

 

CONSULTATION:

 

There has been consultation with Mr Owen Rushton OAM.

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are no implications for the environment.

 

Social

 

The Macksville Gift has been a popular fixture on the Shire’s events calendar for 63 years.

 

Economic

 

The Macksville Gift does draw competitors and their families from outside the local government area and accordingly has a positive local economic impact.

 

Risk

 

There are no significant risks to Council.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

The funding can be met from existing budgets being the donations budget.

 

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 staffing implications.

 

Attachments:

There are no attachments for this report.  


Ordinary Council Meeting                                                                                                     27 July 2017

General Manager's Report

ITEM 9.5      SF734              270717         Expression of Interest for Crown Land Negotiation Program

 

AUTHOR/ENQUIRIES:    Michael Coulter, General Manager         

 

Summary:

 

The New South Wales government is implementing the Crown land reforms via a Crown land negotiation program. The government commenced a program of voluntary land negotiations with Local Councils and Aboriginal Land councils. The program began in four local government areas being the Tweed, Tamworth, Northern Beaches and Federation.

 

The Council has been invited to submit an expression of interest to participate in the next phase of the land negotiation program which will run between 2017 and 2019.

 

The period in which to make an expression of interest closes on Friday 18 August 2017.

 

 

Recommendation:

 

That Council submit an expression of interest to participate in the Crown land negotiation program.

 

 

OPTIONS:

 

The council has the option of whether or not it wishes to submit an expression of interest for the Crown Land Negotiation Program.

 

 

DISCUSSION:

 

Council has received the attached letter from the Hon Paul Toole MP Minister for Lands and Forestry and Minister for Racing concerning a program of voluntary land negotiations with local Councils and Aboriginal Land Councils.

 

The land negotiation program is part of the State Government’s Crown land reforms. The goal of the program is to ensure NSW Crown land is held by the most appropriate landholder to achieve the most positive social, economic, cultural and environmental benefit for the people of NSW, whilst retaining land of state significance.

 

The intention of the land negotiation program is to transfer locally significant Crown land to councils. This is a voluntary process and locally significant land would only be transferred with full agreement of the council.

 

The land negotiation program will use local land agreements as a mechanism to achieve the outcomes negotiated through the program with the Council.

 

The program recognises the importance of land to Aboriginal people and supports sustainable spiritual, cultural, environmental and economic benefits for Aboriginal people by transferring appropriate Crown land to local Aboriginal Land Councils through Aboriginal Land Agreements under the Aboriginal Land Rights Act 1983.

 

There have been a number of reports to Council concerning the delays, costs, as well as general confusion and lack of accountability arising out of the current arrangements for the management of Crown land. The opportunity to advance the implementation of the Crown land reforms for this local government area is welcomed.

 

The three Local Aboriginal Land Councils have been advised of this opportunity and their interest in a joint expression of interest has been sought.

 

At the date of preparing this report feedback had been provided by the Nambucca Heads Local Aboriginal Land Council (LALC) indicating some concern with their understanding of the process whereby that if a LALC took part in the negotiations then no further claim on land could be made in the future.  The LALC would enter into negotiations only on the understanding that it would not preclude future claims.  It is agreed that the process should not compromise the determination of existing Aboriginal Land Claims nor claims which could be made in the future under the legislation.

 

Conversely the process might provide the opportunity to finalise many of the existing unresolved Aboriginal Land Claims.  In this respect, the negotiation program would seem to represent an important opportunity for both the Council and the LALC’s to achieve better outcomes from the Crown land estate.  As any handovers will require the full agreement of the Council there does not appear to be a “downside” to submitting an expression of interest.

 

It is recommended that Council submit an expression of interest to participate in the Land Negotiation Program, ideally as a joint expression of interest with the three LALCs, but if their support is not forthcoming then council should submit a “standalone” expression of interest.

 

 

CONSULTATION:

 

There has been consultation with the Nambucca Heads, Unkya and Bowraville Local Aboriginal Land Councils.

 

A response has been received from the CEO of the Nambucca Heads LALC indicating some concern with their understanding of the process whereby that if a LALC took part in the negotiations then no further claim on the land could be made.

 

The CEO of the Bowraville LALC has indicated that he fully supports a joint expression of interest.

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

At this stage there are no implications for the environment.

 

Social

 

At this stage there are no social implications.

 

Economic

 

At this stage there are no economic implications.

 

Risk

 

With the proposed negotiation process, the transfer of land is entirely voluntary so there is seen to be little risk of adverse outcomes being foisted on Council or our Local Aboriginal Land Councils.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

At this stage there is no budgetary impact.

 

Source of fund and any variance to working funds

 

At this stage there is no impact on working funds.

 

Service level changes and resourcing/staff implications

 

At this stage there are no resourcing or staff implications. In the event that Council's expression of interest is accepted, it is anticipated that there will be significant time required on the part of Council staff in assessing and reporting on the Crown land which may be offered to Council.

 

Attachments:

1

25960/2017 - EOI - Crown Land negotiation program

 

  


Ordinary Council Meeting - 27 July 2017

Expression of Interest for Crown Land Negotiation Program

 


 


 


 


 


 


 


 


 


 


 


 


Ordinary Council Meeting                                                                                                     27 July 2017

General Manager's Report

ITEM 9.6      SF2381            270717         Conflict Arising from Horticulture Development in the Nambucca Shire

 

AUTHOR/ENQUIRIES:    Daniel Walsh, Manager Development and Environment         

 

Summary:

 

This report is in response to Councils request to receive a report relating to options for preventing conflict arising from horticultural development within the Shire.

 

The main form of conflict with horticultural activities is with residential land uses. This report recommends that the land use table within the Nambucca Local Environmental Plan 2010 for the R5 Large Lot Residential, RU1 Primary Production, and RU2 Rural Landscape zones be altered so that ‘horticulture’ is removed from ‘permitted without consent’ and relocated to ‘permitted with consent’. This will provide a proactive approach from Council to mitigate potential land use conflicts prior to the establishment of the horticultural land use.

 

It is also recommended to make horticulture exempt development in Schedule 2 of the Nambucca Local Environmental Plan 2010 by inserting a clause which permits certain horticultural activities to be undertaken in rural zones without development consent if they meet specified criteria designed to mitigate potential conflicts with existing land uses. Providing such exemptions would ensure that only those horticultural activities which are most likely to cause conflict are captured by the development consent requirement.

 

While the above is contrary to the NSW Department of Primary Industries (DPI) ‘Right to Farm Policy’, it is consistent with the DPI ‘Living and Working in Rural Areas’ handbook which promotes establishing recommended rural buffers. The DPI in conjunction with Regional Development Australia and the blueberry industry have recently put forward an option of self-regulation through the development of an industry best practice code. While this option has merit, it is not as proactive as requiring development consent as referred to above and would not enable regulation of all commonly raised matters which result in land use conflicts.

 

Recommendation:

 

1        Pursuant to the section 55 of the Environmental Planning and Assessment Act 1979, Council staff prepare a planning proposal to support an amendment to the Nambucca Local Environmental Plan 2010 which:

 

·       Removes ‘horticulture’ from ‘permitted without consent’ in the land use table for the R5 Large Lot Residential, RU1 Primary Production, and RU2 Rural Landscape zones and relocate it to ‘permitted with consent’.

 

·       Make ‘horticulture’ exempt development in Schedule 2 of the Nambucca Local Environmental Plan 2010 by inserting a clause which permits certain horticultural activities to be undertaken in rural zones without development consent if they meet specified criteria designed to mitigate potential conflicts with existing land uses.

 

2        Prior to Council staff forwarding the planning proposal to the Minister for gateway determination in accordance with section 56 of the Environmental Planning and Assessment Act 1979, the planning proposal must be reported back to Council for consideration of the exempt provisions for horticulture proposed to be implemented into Schedule 2 of the Nambucca Local Environmental Plan 2010.

 

OPTIONS:

 

·       Make no alterations to the Nambucca Local Environmental Plan 2010 so ‘horticulture’ remains permissible without development consent within the RU1 Primary Production, RU2 Rural Landscape and the R5 Large Lot Residential zones.

 

·       Authorise Council staff to proceed to prepare a planning proposal to seek to:

 

Ø Remove ‘horticulture’ from ‘permitted without consent’ in the land use table for the R5 Large Lot Residential, RU1 Primary Production, and RU2 Rural Landscape zones and relocate it to ‘permitted with consent’; and

 

Ø Make ‘horticulture’ exempt development in Schedule 2 of the Nambucca Local Environmental Plan 2010 by inserting a clause which permits certain horticultural activities to be undertaken in rural zones without development consent if they meet specified criteria designed to mitigate potential conflicts with existing land uses.

 

·       Authorise Council staff to proceed to prepare a planning proposal to seek to amend the land use tables of one or two of the land use zones mentioned above.

 

DISCUSSION:

 

At its meeting on 29 June 2017, Council made the following resolution:

 

That Council receive a further report relating to options for preventing conflict arising from horticultural development within the Shire.

 

In the past 3 years, the Blueberry industry has expanded by 40%. Most of this expansion has taken place around Coffs Harbour and Woolgoolga. The most recent expansion has occurred in greenfield sites south towards Nambucca and to the north between Halfway Creek and Grafton. Local Government Areas most affected by the growth of the industry include Coffs Harbour, Clarence Valley, Bellingen, Nambucca and more recently Kyogle.

 

While the blueberry industry presents many positive economic benefits for the local economy, the expansion of the industry has caused many environmental issues including breaches of vegetation and water legislation and concerns about off-site environmental impacts. Social impacts from the industry are also being continually reported with concerns around scenic amenity, impacts to property values and land use conflict.

 

Blueberry production falls within the definition of horticulture and more broadly as intensive plant agriculture under the Nambucca Local Environmental Plan 2010 (NLEP). Under the NLEP, horticulture is permissible without consent in the RU1 Primary Production, RU2 Rural Landscape and R5 Large Lot Residential zones.

 

The following table compares the permissibility of horticulture within the above mentioned zones in the Nambucca local government area compared to other local government areas on the north coast.

 

 

RU1 (or equivalent)

RU2

R5

Kyogle

Permissible without consent

Permissible without consent

Prohibited

Clarence Valley

Permissible without consent

Permissible without consent

Permissible with consent

Coffs Harbour

Permissible without consent

Permissible without consent

Permissible with consent

Bellingen

Permissible without consent

Permissible without consent

Permissible with consent

Nambucca

Permissible without consent

Permissible without consent

Permissible without consent

Kempsey

Permissible with consent

Permissible with consent

Permissible with consent

Port Macquarie

Permissible without consent

Permissible without consent

Prohibited

 

As can be seen above, Nambucca Shire Council is the only Council out of those mentioned which permit horticulture without development consent within the R5 Large Lot Residential zone.

 

The objectives of the R5 Large Lot Residential zone are as follows:

 

·      To provide residential housing in a rural setting while preserving, and minimising impacts on, environmentally sensitive locations and scenic quality.

·      To ensure that large residential lots do not hinder the proper and orderly development of urban areas in the future.

·      To ensure that development in the area does not unreasonably increase the demand for public services or public facilities.

·      To minimise conflict between land uses within this zone and land uses within adjoining zones.

 

Having regard to the above, the intent of the R5 zone is to promote the development of residential land uses within the zone which minimise conflict with land uses, such as agriculture, within adjoining zones. While it is considered reasonable to require any residential development in the R5 zone to provide the necessary rural buffers from agricultural activities in any adjoining rural zone; it is not considered to be reasonable to require additional buffers to agricultural land uses within the R5 zone. This is not only because it is contrary to the intent of the zone, but because in many cases the residential land uses have commenced first, as promoted by the relevant planning instruments, and implementing the required buffers from the agricultural activities in many situations would result in residential zoned land which cannot practically be developed for residential uses.

 

An example of this is the establishment of a blueberry plantation within an R5 zoned section of 537 Old Coast Road, North Macksville. As can be seen in the map within attachment 1, the blueberry plantation has been planted within 2m of the dividing boundary with 501 Old Coast Road and 15 Siding Road, North Macksville. Under the current NLEP development consent was not required to plant the blueberries or erect the ancillary netting. However, this resulted in no consideration being given to the proximity of the blueberries to the future dwelling on number 501 (approved but not built) and significantly impacts the ability to further subdivide both 501 Old Coast Road and 15 Siding Road due to future allotments non-compliance with the rural buffer requirements contained within Part F of the Nambucca Development Control Plan 2010.

 

Given the intent is to promote residential development within the R5 zone; it is recommended that Council amend the NLEP by removing ‘horticulture’ from ‘permitted without consent’ in the land use table for the R5 Large Lot Residential zone and relocate it to ‘permitted with consent’. This will still enable the blueberry industry to expand into these areas; however, it will enable Council to regulate it to those areas of the R5 zone which will not result in adverse impacts on surrounding residential land.

 

With regards to the RU1 Primary Production and RU2 Rural Landscape zones, desired land uses are predominantly agricultural. However, as a result of historical planning practices undertaken by Council, there is a considerable amount of ‘rural residential’ sized lots with lawful dwellings located on them within the rural zones, small clusters of R5 zoned land mixed throughout the RU1 and RU2 zones, as well as a significant amount of dwellings within close proximity to lot boundaries. In this regard there is increased potential for land use conflicts between horticultural and residential land uses within the rural zones.

 

To mitigate against these potential land use conflicts, Council could seek to amend the NLEP with regards to the RU1 and RU2 zones as follows:

 

·      Remove ‘horticulture’ from ‘permitted without consent’ in the land use table of the NLEP and relocate to ‘permitted with consent’.

 

·      List ‘horticulture’ as exempt development in Schedule 2 of the NLEP subject to controls to mitigate potential land use conflicts such as:

 

          Horticulture

(1)  Must be located on land within the RU1 Primary Production or RU2 Rural Landscape Zones.

(2)  Must be separated from other land uses in accordance with the following:

(a)  Dwellings in the R5 Large Lot Residential, Rural, or Environmental Protection Zones – 200m,

(b)  Dwellings in other residential or business zones – 300m,

(c)  Education facilities and Pre-schools – 200m, and

(d)  Tourist and Visitor Accommodation – 200m.

 

Additional exemptions could be incorporated into the above to exclude certain horticultural activities from complying with the above buffer requirements if they would result in minimal land use conflict if undertaken within the specified buffers. Provisions for the size, location and colour of ancillary buildings such as sheds and bird netting could also be incorporated into the above. Further consultation would need to be undertaken with the relevant stakeholders prior to formulating such exempt provisions. If Council were to support this position, this would be done and reported back to Council for consideration prior to the planning proposal being placed on public exhibition.

 

It is considered that the above would minimise potential conflict between proposed horticultural uses and existing lawful development as it would provide clear site specific parameters to farmers and surrounding landowners with regards to compliance with the relevant legislation. Please note that if a horticultural activity did not comply with the exempt development controls formulated by Council; it would mean a development application could be lodged with Council seeking approval for the activity. It is part of this process in which the landowner could seek to justify encroaching within specified buffer distances.

 

The buffer distances referred to above are derived from chapter 6 of the ‘Living and Working in Rural Areas’ handbook. The handbook has been prepared by the NSW Department of Primary Industries (DPI) and is a practical guide aimed at reducing and avoiding rural land use conflict on the NSW North Coast. A majority of north coast Councils (including Nambucca) have adopted its principles as part of their development control plans to mitigate rural land use conflicts.

 

It is noted that the DPI ‘Right to Farm Policy’ acknowledges that land use conflicts can occur between agricultural and residential land uses within rural zones. However, contrary to the above mentioned handbook it promotes the line that people who want to live in rural areas need to understand that land is used for productive purposes and the reality is that normal farming practices can have impacts on neighbours ranging from residual noise, light, dust and other impacts. While this position has merit, it relies on primary producers farming to the extent of what is lawful. This means compliance with the relevant legislation that govern, for example, use of chemicals, intensity and timing of lights and noise and management of odours.

 

To rely on the relevant legislation which regulates the above is reliant on resources to enforce. The issues with this are that the relevant authorities (including Council) which are tasked with enforcing the relevant legislation do not have adequate resources to undertake enforcement action, particularly if the industry continues to expand. Another issue is that responding to any breaches of legislation is a reactive response post significant investment in the setup of horticultural land use and the undertaking of substantial works which are often environmentally damaging. In addition to this, without altering the land use table to require development consent for horticulture, there is no ability for the colour of bird netting to be regulated; which in itself presents a significant conflict with landowners surrounding horticultural land uses.

 

While requiring a development application for new horticultural uses within the RU1 and RU2 zones which are within recommended rural buffers to existing sensitive uses would assist to mitigate land use conflicts before they occur; this approach would be contrary to the DPI latest policy (‘Right to Farm Policy’). DPI have made it clear within that policy that they intend to work with agricultural industries in NSW to support their efforts in establishing and maintaining best practice and minimise land use conflicts. A summary of the policy has been included within attachment 2.

 

In relation to the blueberry industry, such first steps were established at a recent blueberry and greenhouse horticulture development workshop conducted by DPI and Regional Development Australia in May 2017. Notes and insights from that workshop have been included within attachment 3. A key outcome from that meeting was the idea for the development of an industry best practice code which assists farmers to appropriately plan and manage their land in accordance with the relevant legislation and provides surrounding neighbours with a clear reference as to what to expect during the operation of the horticultural land use. This then would reduce land use conflict and provide those authorities enforcing the relevant legislation with a clear reference guide.

 

While it is considered that the DPI approach will provide an effective way of minimising land use conflict, it is not considered to be as proactive as requiring development consent which would address site specific issues prior to the establishment of the horticultural land use; particularly those such as boundary setbacks, landscape buffers, and colours of netting which can resolve many conflicts which eventuate as a result of permitting horticulture without consent. Please note that providing exemptions as specified earlier in this report would ensure that only those horticultural activities which are most likely to cause conflict are captured by the development consent requirement.

 

It is considered that if DPI and the blueberry industry follow through and develop/implement an industry best practice code; this would further assist Council in determining such proposals.

 

Please note that it is not recommended that Council provide exemptions for ‘horticulture’ within the R5 zone as provided for above in the RU1 and RU2 zones, as it would only protect existing land uses and not the future expansion of residential development within the R5 zone.

 

CONSULTATION:

 

General Manager

 

SUSTAINABILITY ASSESSMENT:

 

Environment

Addressed above.

 

Social

Addressed above.

 

Economic

Addressed above.

 

Risk

Addressed above.

 

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

Addressed above.

 

Attachments:

1

27048/2017 - Attachment 1 - Aerial of Blueberry Plantation

 

2

27047/2017 - Attachment 2 - Right to Farm Policy Summary

 

3

27046/2017 - Attachment 3 - Notes and Insights from Blueberry & Greenhouse Horticulture Workshop

 

  


Ordinary Council Meeting - 27 July 2017

Conflict Arising from Horticulture Development in the Nambucca Shire

 


Ordinary Council Meeting - 27 July 2017

Conflict Arising from Horticulture Development in the Nambucca Shire

 


 


 


Ordinary Council Meeting - 27 July 2017

Conflict Arising from Horticulture Development in the Nambucca Shire

 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


Ordinary Council Meeting                                                                                                     27 July 2017

General Manager's Report

ITEM 9.7      DA2017/028      270717         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:    Daniel Walsh, Manager Development and Environment         

 

Summary:

 

It is not considered that a summary is required.

 

 

Recommendation:

 

That Council staff incorporate the following advice in all section 149 planning certificates:

·    Developer contributions may be payable for future development on the land in accordance with the above mentioned section 94 Contribution Plans as well as Councils Development Servicing Plans for Sewerage and Water Supply. You are advised to contact Councils Development and Environment Section to confirm if developer contributions will be payable as part of any future development on the land.

 

OPTIONS:

 

·           Not put an advice in section 149 certificates.

·           Amend the wording of the advice.

 

 

DISCUSSION:

 

At its meeting on 15 June 2017, Council resolved to 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 2 years.

 

At the same meeting, Council also made the following resolution:

 

That further investigation be made into the 248 properties affected by the contribution requirement so as to flag within each 149 Certificate an informal warning to applicants to make enquiries about potential contributions and the matter be further reported to Council.

After further investigation, it is recommended that a general advice be placed on all section 149 Certificates under the part which outlines what section 94 contribution plans are applicable to the relevant land to ensure that all affected properties are advised. The recommended wording is as follows:

 

Developer contributions may be payable for future development on the land in accordance with the above mentioned section 94 Contribution Plans as well as Councils Development Servicing Plans for Sewerage and Water Supply. You are advised to contact Councils Development and Environment Section on (02) 65682555 to confirm if developer contributions will be payable as part of any future development on the land.

 

 

CONSULTATION:

 

General Manager

 

 


 

SUSTAINABILITY ASSESSMENT:

 

Environment

N/A

 

Social

N/A

 

Economic

N/A

 

Risk

N/A

 

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:

There are no attachments for this report.


Ordinary Council Meeting                                                                                                     27 July 2017

General Manager

ITEM 9.8      SF2293            270717         Development Applications greater than 12 months or where submissions received -  to 5 July 2017

 

AUTHOR/ENQUIRIES:    Lisa Hall, Technical Officer - Development and Environment         

 

Summary:

In accordance with Council's resolution from 15 May 2008 meeting, the development applications listed below are in excess of 12 months old (Table 1).  Table 2 shows development applications which have been received but not yet determined due to submissions received. 

 

In accordance with Minute 848/08 from Council’s meeting of 18 December 2008, should any Councillor wish to “call in” an application a Notice of Motion is required specifying the reasons why it is to be “called in”.

 

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

 

 

Recommendation:

 

That the information be noted by Council.

 

 

 

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

 

There are no Development Applications in excess of 12 months old.

 

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

 

DA NUMBER

DATE OF RECEIPT

PROPOSAL

ADDRESS

2017/092

29 April 2017

19 Lot Residential Subdivision

Various Lots, 24 Bellevue Drive (old Midco site), North Macksville

Four submissions have been received. They each oppose parts of the development.

·      Lot 9 should not have access to McLennans Lane, as it will be able to access the new road

·      Residents should be notified before demolition works commence

·      Wants absolute proof that stormwater from the development will not impact property

·      Asbestos removal must be done to appropriate safety standards

·      Wants developer to erect a 2 metre colourbond fence on the west and retaining walls to the north of property

·      Power supplied should be underground

STATUS: Being assessed. Applicant and RMS in negotiations re Casey Drive.

DA NUMBER

DATE OF RECEIPT

PROPOSAL

ADDRESS

1998/020/01

29 May 2017

Residential Subdivision

Lot 135 DP 1039015, Forest Road, Nambucca Heads

Two submissions have been received. They oppose the proposal

·      Will encroach on privacy of another lot

·      Concerns about adequate infrastructure

·      Rainforest area will be removed

·      Impacts on local native flora and fauna

·      Looks overcrowded

·      Will current property owners have to pay for kerb and guttering of Forest Road?

·      Playground needed for children/families

·      Will make Newman Street a one way street with the added traffic

·      Blocks should be 750 sq metres at least

·      Bushfire risks need to be considered

·      Stormwater runoff needs to be dealt with

STATUS: Being assessed. Notification closes 30 June 2017. Awaiting response from RFS

DA NUMBER

DATE OF RECEIPT

PROPOSAL

ADDRESS

2017/112

22 May 2017

Dwelling-House

Lot 101 DP 1106181, 9A Waratah Court, Nambucca Heads

One person has lodged two submissions – they oppose the development

·      Concerns that connecting the sewer will require rebuilding of a driveway and retaining wall which adjoining owner will not consent to

·      Loss of privacy

STATUS: Being assessed – additional information required from applicant – bushfire report/fees. Bushfire report sent to RFS.

DA NUMBER

DATE OF RECEIPT

PROPOSAL

ADDRESS

2017/127

5 June 2017

Subdivision

Lot 322 DP 1021922, 657 Upper Warrell Creek Road, Congarinni

Two submissions have been received – they oppose the application and/or have questions about it.

·      Access to at least one lot could be unsafe and cause accidents.

·      Road sealing on Congarinni Road South should be a requirement

STATUS: Being assessed. Adjoining owner notification closes 30 June 2017. Amended information sent to RFS.

DA NUMBER

DATE OF RECEIPT

PROPOSAL

ADDRESS

2017/104

10 May 2017

Retaining Wall – Continuing Use

Lot 412 DP 611276, 6 Ocean Street, Scotts Head

Two objections have been received  - both oppose the proposal

·      Builders have erected posts indicating a fence 2.9 metres high is to be constructed. Not shown on plans.

·      Builder has a history of non-compliance – pagoda higher than permitted, deck closer to boundary than permitted

·      Overshadowing, loss of privacy, loss of natural light.

STATUS: Being assessed.

Attachments:

There are no attachments for this report.  


Ordinary Council Meeting                                                                                                     27 July 2017

General Manager's Report

ITEM 9.9      PRF79              270717         Proposed Section 355 Committee of Management for Public Land in Adin Street Scotts Head - further information regarding nominations

 

AUTHOR/ENQUIRIES:    Coral Hutchinson, Manager Community Development         

 

Summary:

 

This report is a follow up from Council’s meeting of 29 June 2017 and is a response to the following resolution which was made at the meeting:

 

That the proposed Section 355 Committee of Management for Public Land in Adin Street, Scotts Head be deferred and that Councillors receive a copy of the nominations including the background for each delegate for the Committee.

 

 

Recommendation:

 

1        That Council endorse the formation of a Committee of Management under Section 355 of the Local Government Act, known as the Adin Street Reserve Committee of Management, with the purpose of care, control and management of land known as the Village Green and Adin Street Reserve Scotts Head, to create a vibrant social space for residents and visitors.

 

2        That draft delegation be endorsed. 

 

3        That Council endorse the following membership of the Adin Street Reserve Committee of Management being: Mr Jasper Young, Ms Moira Ryan, Mr Chris Mattick, Ms Kelly Pacey, Mr Bernie Ashcroft, Ms Lorien Brien, Mr James Ledger, Ms Judy Browne, Ms Janet Court, Mr Russell Simmons, Mr Paul Foley, Mr Tom Rice and Ms Annette Balfour.

 

4        That the Committee be provided with a copy of the document Section 355 Committees - Guidelines to Operations and Delegations of Authority, and be requested to advise Council of its office bearers when elected.

 

 

OPTIONS:

 

Council has a range of options including putting forward amended or different recommendations.  This includes not forming an additional Committee of Management in Scotts Head.

 

 

DISCUSSION:

 

A short background:

 

16 March 2017 - Council resolved to call for Expressions of Interest to form a Section 355 Committee to manage the public land around the Adin Street Reserve/Village Green.

 

Nominations to proposed Committee

 

Thirteen (13) people have put forward their nomination to join the proposed Committee. 

 

A report to the 29 June meeting put forward 4 recommendations regarding the formation of the Committee, adoption of a draft Delegation and endorsement of membership.  Council decided to defer those decisions and call for additional information as to the background of the people nominated.

 

It should be noted that it is not Council’s practice, nor a requirement (eg of the Local Government Act) that Council seek information as to the background of members of its Section 355 Committees.  Nevertheless, in this case, some people did provide this.  In addition, there are no requirements that council’s committee members reside in that local government area (LGA).  In fact there have been occasions where a resident of an adjoining LGA is a member of Nambucca Shire Council committee of management eg Unkya Reserve which is near the border with Kempsey Shire; or when they represent a user group eg on a sports ground committee.

 

As a response to Council’s request, the following notes are directly taken from each individual’s nomination. 

 

Tom Rice

 

My name is Tom Rice and I would like to put my name forward for a position on the Adin street management committee. I live in Scotts Head and have done so for about 35 years. I am a member of the Scotts Head community group.

 

Judy Browne

 

My name is Judy Browne. I am a new resident to Adin Street Scotts Head. I am interested in joining the Section 355 Committee of Management for the Adin Street Reserve and public land in the vicinity.

I would appreciate further information on the role and expectations of the committee.

 

Annette Balfour

 

My name is Annette Balfour and I am a local Scotts Head resident. I would like to express my interest regarding being involved in the 355 committee.  I have lived here for the past 18 years and work at Scotts Head public school. 

 

Paul Foley

 

I am writing to express my interest in helping form a Committee of Management for the Adin St. Reserve and Village Green areas at Scotts Head. I declare that I have no pecuniary interest in the use of these areas.

 

Russell Simmons

 

I wish to apply for membership of this committee.  I was Secretary of the Scotts Head Community Group for 5 years, from 2004 - 2009, and am currently the Deputy Chair.  I have a strong community commitment.  I have been involved in the Master Plan process since Day 1 and have had strong involvement in the planning and construction phase working with Council, North Coast Holiday Parks and State Government for the best outcome for the community.  I would like to now be involved in managing this community land to work for the improvements still to be achieved and the ongoing care of this valuable resource.

 

James Ledger

 

I would like to be considered to the above 355 committee.  I've visited Scotts Head since 2008. We bought a house here in 2012. And we moved here permanently in 2014.   My partner grew up here and her parents still live here.  I am very keen to see the Village Green and Adin Street Reserve maintained and used in an appropriate manner.  I have no commercial interests in Scotts Head as my work takes me to the capital cities and overseas.  

 

Janet Court

 

I would like to apply to be a member of the 355 Committee at Scotts Head.  I have a continuing interest in community concerns especially those at Scotts Head and feel that I could contribute positively to the committee.

I have had experience with 355 committees of council previously and have been a councillor of the Nambucca Shire Council.

 

Jasper Young

 

I would like to put myself forward to be a member on the committee.  (Proprietor/Pharmacist)

 

Lorien Brien

 

I would like to join the above 355 committee.  I grew up in Scotts Head and returned with my family to live here full time a few years ago.  I am very keen to see the Village Green and Adin Street Reserve maintained nicely.  I have no commercial interests in Scotts Head.  

 

Kelly Pacey

 

I am writing to you to express an interest in becoming part of the proposed Section 355 Council Committee of Management for the Adin Street Reserve and Village Green in  Scotts Head.

I am a long term resident and active community member of Scotts Head. I work at the local primary school, where both my children have attended, giving me direct access to the entire school community.

I have a strong connection and interest in the future of Scotts Head and feel that I would be an invaluable part of this council committee.

 

Moira Ryan

 

I wish to apply for membership of the 355 Committee to manage the community land at Scotts Head.

I am presently Secretary / Treasurer of Scotts Head Community Group have been involved in community matters for quite some time and am passionate about our beautiful place.  I hold a Bachelor Social Science, have considerable community management experience and have completed Governance Training with the Australian Institute of Company Directors.

 

Chris Mattick

 

I wish to register an expression of interest to be considered as a member of the proposed Committee.

Previous community involvement and experience includes: Director Scotts Head Bowling and Recreation Club, Nambucca Shire Council delegate on Scotts Head Recreation Reserve Trust, committee member section 530a Scotts Head sports fields committee of management, member Scotts Head junior sports club and president/member Scotts Head Village Bush Fire Brigade.

 

Bernie Ashcroft

 

Having read the "Guide to Operations & Delegations of Authority – Section 355 Committees”, I am interested in becoming a member of said Committee as a representative of Wildlife Rescue Inc.

 

Role of the Committee (ie the Delegation)

 

It is proposed that the delegation be in keeping with other similar Committees, with the addition of reference to the Plan of Management, and will be as follows:

 

1. Maintain, manage and improve the Adin Street Reserve (which includes the area known as the Village Green) Scotts Head;

2. Conduct of fund raising activities. Where such fund raising activities involve the sale of alcohol, a liquor license and the approval of Council is required.

3. Limit the expenditure of monies to the amount of funds held by the Committee at the time;

4. Seek grants for the maintenance and upgrading of the Reserve, subject to the General Manager‘s endorsement of the grant application;

5. Appoint such contractors as are deemed necessary by the Committee from time to time to assist in the administration and maintenance of the infrastructure and/or the conduct of programmes or functions therein, subject to contracts which are of necessity for a long term being reviewed once per year;

6. Make recommendations to the Council for any enhancement or upgrade of the Reserve as the Committee considers appropriate;

7. Make such other recommendations to the Council in respect of the Reserve as the Committee thinks appropriate from time to time;

8. Project manage capital works where a specific written authority for the particular works has been provided by Council.

9. Implement and review the Adin Street Reserve Plan of Management.

 

Other requirements of the Committee are outlined in the document Section 355 Committees - Guidelines to Operations and Delegations of Authority.

 

CONSULTATION:

 

General Manager

 

Comment from General Manager

 

My vision for the Town Green and the now connected public open space between the Bowling Club and the Surf Club is that it becomes a vibrant social space for regular community activities and events.  I don’t know whether or not this is a shared vision in the Scotts Head community.  The regular (monthly) use of the Town Green for community based markets is a logical objective to achieve this outcome.  The creation of a successful active social space will, by definition, attract visitors and cars and potentially result in some change to the quiet amenity which some residents may not support.  This has been evident in the objections received to the annual Scotts Head Food and Wine Festival.

 

Without in any way criticising the intent and good faith of those nominated for the Committee, volunteer members of the Committee of Management may find it difficult implement some initiatives which whilst supported by the general community may be resisted by a smaller and more vocal faction whose primary interest is maintaining an existing amenity or character.  This was the case with the Scotts Head Master Plan which certainly would not have progressed to an investment of $5m in improvements to the caravan park and day reserve area if it had not been actively managed.

 

I don’t support the establishment of this Section 355 Committee for these reasons.

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

This report relates to the formation of a Committee of Management and therefore has no direct implications for the environment.

 

Social

 

A key aim for the proposed Committee should be the development of the Reserve as an inclusive and vibrant social space for residents and visitors.  The types of activities being developed and promoted, collaboration with others in the community, reasonable fees and efficient Committee operations will assist with this goal.

 

Economic

 

The proposed Committee should develop activities which drive economic development within Scotts Head eg markets, fund raising activities. 

 


 

Risk

 

The Committee will be required to minimise risk exposure to Council – even more so since it will be part of Council.  Planning for activities is to involve Risk Assessment as part of regular Committee operations.

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

This report in itself is not recommending any actions which will impact on the budget; however requests may come from the Committee in the future which require consideration in the budget context.

 

Source of fund and any variance to working funds

 

Nothing required.

 

Service level changes and resourcing/staff implications

 

The creation of an additional Committee creates additional work, for example in administration – annual reporting, submission of monthly financial statements etc.  It may also add to the demands on Council staff time which come from Committee requests.

 

 

Attachments:

There are no attachments for this report.


Ordinary Council Meeting                                                                                                     27 July 2017

General Manager's Report

ITEM 9.10    SF2251            270717         Tourism Update - Visitor Information Centre

 

AUTHOR/ENQUIRIES:    Coral Hutchinson, Manager Community Development         

 

Summary:

 

This report will provide an update on the following decisions made by Council at its meeting on 16 March 2017:

 

1        That Council’s Mayor, General Manager and Manager Business Development be authorised to negotiate a lease or licence with Lifetime Connect Incorporated for the Nambucca Valley Visitor Information Centre, with the continuation of the lease being subject to visitor information being available from the site at the current level of service.

 

2        That Council support an application by Lifetime Connect for accreditation under the NSW Accredited Visitor Information Centre network. 

 

3        That incorporated into the lease is a condition that requires Lifetime Connect to ensure the current level of Visitor Information Centre service is maintained.

 

 

 

Recommendation:

 

That Council note that a lease with Lifetime Connect Incorporated has been negotiated and established for 57 Riverside Drive Nambucca (Visitor Information Centre) commencing 1 July 2017; and that the process of applying for Accreditation has commenced.

 

 

OPTIONS:

 

No options are being presented as the report is for information.

 

DISCUSSION:

 

A lease has now been negotiated with Lifetime Connect Incorporated as per the 16 March report.  The lease came into effect on 1 July 2017 and Lifetime Connect has been operating the VIC from then. 

 

Some 17 volunteers chose to register with Lifetime Connect and have stayed at the Centre and Lifetime Connect has appointed a part-time volunteer co-ordinator who works from the VIC.

 

Council’s Tourism Marketing Co-ordinator is now permanently located at the Council Administration Centre and is focussing on more industry-wide initiatives.  The current priority is development of the new Tourism website, which is progressing.   Having said that, Lifetime Connect is receiving some support during this establishment phase eg collection and reporting of statistics.  An application for Accreditation is being developed in conjunction with Council staff. 

 

CONSULTATION:

 

Nothing required for this report.

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

Nothing identified.

 


 

Social

 

There are no social implications arising from this report.

 

Economic

 

There are no economic impacts from this report. 

 

Risk

 

Nothing identified.

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

The rent realised from the lease of the Visitor Information Centre is accounted for in Council’s 2017-2018 budget.

 

Source of fund and any variance to working funds

 

Nothing required.

 

Service level changes and resourcing/staff implications

 

Nothing resulting from this report.

 

Attachments:

There are no attachments for this report.


Ordinary Council Meeting                                                                                                     27 July 2017

General Manager's Report

ITEM 9.11    SF296              270717         New Tourist Drive 15 and Changes for Tourist Drive 14

 

AUTHOR/ENQUIRIES:    Coral Hutchinson, Manager Community Development         

 

Summary:

 

Council is advised that following over 2 years negotiations and collaboration, a new Tourist Drive (TD) “15” will be established as a part of the Pacific Highway upgrade, and the by-pass of Macksville and Nambucca Heads.  In addition, the existing TD 14 will be extended a short distance. 

 

This report coincides with the release of plans for directional signage on the new motorway which includes changes to TD14 and shows the new TD15.  Plans can be found online at  http://www.rms.nsw.gov.au/projects/northern-nsw/warrell-creek-to-nambucca-heads/index.html or at various locations, including the Shire’s libraries.

 

 

Recommendation:

 

That Council accept the approved extension to Tourist Drive 14 by the Tourist Attraction Signposting Assessment Committee (TASAC), and the new Tourist Drive 15 approval (with its conditions) to follow Giinagay Way from Bald Hill Road through Macksville and Nambucca Heads, joining the motorway at Boggy Creek.

 

 

OPTIONS:

 

No real options are being presented as the report is informing Council that its desired outcome for Tourist Drives in the valley has been achieved – possibly beyond expectation with the creation of an additional drive. 

 

 

DISCUSSION:

 

Early in 2015, Council’s Manager Technical Service Keith Williams and Manager Community Development Coral Hutchinson commenced enquiries regarding Tourist Drives in the light of commencement of the Pacific Highway upgrade and by-pass of Macksville and Nambucca Heads. 

 

The Tourist Attraction Signposting Assessment Committee (TASAC), the body responsible for Tourist Drives, was then undertaking a review of all the State’s TD and at the time was not accepting new applications.  There was however an opportunity to discuss Tourist Drives through the Nambucca Shire as TD14 (Stuarts Point Interchange to Scotts Head Road turn – via the coast) had to be extended to accommodate the new Highway design.  Council followed this with a resolution (12 May 2016) to make a formal application to make proposed Giinagay Way a Tourist Drive.

 

A well-developed proposal, supported by draft promotional material which outlined the TD features was then presented to TASAC by Council staff.  The proposal was well received and therefore allowed for further discussion regarding feasibility, benefits, timing etc.

 

Meetings of TASAC during late 2016 and early 2017 have discussed the concept and made site visits, with the following resulting decisions.  (Also see letter attached.)

 

Extend TD14

 

TD14 has sufficient scenic value and natural and man-made attractions along the route to justify it current status as a numbered Tourist Drive.  The drive will now conclude at the Bald Hill interchange. 

 


 

Create new TD15

 

The proposed extension to TD14 from its juncture with Scotts Head Road, through Macksville and on to Nambucca Heads, features sufficient scenic values and points of interest to qualify for signposting as a tourist drive. However, based on the logistics associated with the need to erect effective signage along the motorway to clearly delineate the TD exit points, TASC concluded that it would be preferable to create a separate Tourist Drive (TD 15) for the new section rather than extend TD 14.

 

This approach will lend itself to effective motorway loop signage from the Stuarts Point (southern), Bald Hill (central) and Nambucca Heads (northern) interchanges, whereas an extended TD 14 would only lend itself to loop signage at the southern (Stuarts Point) and northern (Nambucca Heads) interchanges.

 

Under this arrangement, loop signage from the motorway for the two TDs would be erected as, follows:

 

·      Stuarts Point interchange - TD 14 for north bound motorists

·     Bald Hill interchange - TD 14 for south bound motorists

·      Bald Hill interchange – TD 15 for north bound motorists

·      Nambucca Heads interchange – TD 15 for south bound motorists

 

This provides motorists with a clear option to take a short detour, in the direction of their journey, to experience some highlights of the Nambucca Valley and hopefully make stops along the way.

 

Note:  TD15 will take the Riverside Drive, Bowra St, Mann St route through up town.

 

 

CONSULTATION:

 

Manger Technical Services

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are no environmental issues arising from this report.

 

Social

 

Nothing specifically identified as a result of this report.

 

Economic

 

Whilst Tourist Drives are not a panacea, there is evidence that the Drives, together with effective marketing, can increase visitation or create interest in villages and towns off the State’s main roads.  Tourist Drives bring the advantage of signage (ie brown/white) in addition to the green/white directional signs, which may increase awareness of towns and villages off the main freeway. 

 

Risk

 

There are no major risks associated with the proposals.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

Whilst the cost of signage on the new Highway and around its interchanges will be a part of the cost of the Highway upgrade and therefore met by the State government, Council will be expected to install or retrofit sufficient signage for way-finding.  This is not expected to be a significant cost and RMS have acknowledged that signage may need to be done in stages so that it is accommodated within budgets. 

 

In addition to this, new TD15 is subject to the removal of non-compliant and non-approved brown/white signage such as that at the junction of Link Road and Old Coast Road; which indicates that the route is a tourist drive when it is really just a scenic drive.  TASAC has advised that members indicated that this sign would need to be removed as a precondition for creating TD 15 so as to avoid confusing motorists.  There will be a small cost associated with the sign’s removal and disposal.

 

Source of fund and any variance to working funds

 

Without a final local signage plan it is difficult to accurately cost the introduction of TD15.  As stated, signage could be gradually installed or standard TD labelling added to existing signage with the aim of keeping within existing budgets.

 

Service level changes and resourcing/staff implications

 

There are no service level changes predicted. 

 

Attachments:

1

27030/2017 - Advice of approval to extend Tourist Drive 14 to Bald Hill interchange and for new Tourist Drive 15 from Bald Hill to Nambucca Heads interchange

 

  


Ordinary Council Meeting - 27 July 2017

New Tourist Drive 15 and Changes for Tourist Drive 14

 


 


Ordinary Council Meeting                                                                                                     27 July 2017

General Manager's Report

ITEM 9.12    SF1420            270717         Notification of Community Service exemptions from waste levy

 

AUTHOR/ENQUIRIES:    Paul Gallagher, Assistant General Manager - Engineering Services         

 

Summary:

 

The NSW EPA have provided notification that three community service agencies have been provided a two year exemption from the waste levy commencing this financial year;  The organisations are:

 

·           Lifeline

·           Salvation Army

·           St Vincent De Paul

 

The conditions of the exemption is for self-hauled waste generated by the normal course of their business, being the disposal of goods unable to be recycled, provided to the needy or sold and does not cover the general waste generated by refurbishment of their premises or employee related activities.

 

The exemption compliments three of the larger charities within the Shire that applied under Councils Donations Policy for a waiver of tipping fees.

 

 

Recommendation:

 

That Council receive and note the information

 

 

OPTIONS:

 

Nil options considered

 

DISCUSSION:

 

No discussion is required

 

CONSULTATION:

 

NSW EPA

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are environmental implications with the disposal of goods unable to be recycled, provided to the needy or sold going into landfill as the last remaining option.

 

Social

 

The community service agencies provide a social service within the community

 

Economic

 

There is economic implications for community service agencies as any money saved from fees and charges are put back through to the community via other services

 

Risk

 

The is no risk associated with this report

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

There is a saving on the budget as Council do not have to pay the waste levy in addition to waiving the tipping fees under the donations policy and also pay the waste levy

 

Source of fund and any variance to working funds

 

Funds are sourced through the waste budget

 

Service level changes and resourcing/staff implications

 

There is a minimal impact on staff resource with the keeping of records in the event that the EPA conduct an audit.

 

Attachments:

There are no attachments for this report.


Ordinary Council Meeting                                                                                                     27 July 2017

General Manager

ITEM 9.13    SF1031            270717         Review of Donations Policy

 

AUTHOR/ENQUIRIES:    Teresa Boorer, Grants Officer         

 

Summary:

 

A review of the Donations Policy, last adopted on 31 March 2016, has been done to reflect an adjustment to the process of reviewing applications for Section 356 donations by Council.

 

This review aims to reduce time involved in the review of applications, for both Councillors and staff, whilst still adhering to legislation, and to create a process that is perceived to be fairer and less difficult to administer.

 

This was previously reported to Council at its meeting of 27 April 2017, and 25 May 2017 also and the following resolutions were adopted:

 

1        That Councillors provide any comments on the reviewed policy within 14 days, after which time it will be reported back to Council, for adoption, with any comments/submissions taken into consideration. (27 April 2017)

 

2        That the reviewed Policy - “Donations Policy” be placed on public exhibition for 28 days. (25 May 2017)

 

          As at 30 June 2017, there had been 2 submissions received on the publicly exhibited reviewed           policy.

 

 

Recommendation:

 

That the reviewed Policy - “Donations Policy” be adopted by Council and Council’s current Policy titled “Donations Policy” be updated at that time, with consideration of the submissions received, but the donation cap included in the policy.

 

 

OPTIONS:

 

1        Council may choose to adopt the reviewed Policy without any comments or submissions.

 

2        Council may choose not to accept the reviewed Policy and to keep the current Policy without changes.

 

 

DISCUSSION:

 

Section 356 donations are currently called for annually by Council.  Under the current policy there is no upper level limit for donation requests and individuals may apply. There are currently no guidelines in the policy for waste management relating to charitable organisations.

 

Changes to the policy reflect the need for more donation programs each year, as the number of applications received by Council, outside the annual program timeframe, are dealt with ad-hoc, and often result in Council going “over-budget”, and approving donations into the next financial year. If the donation request was to be capped at a limit of $500, this would allow for a more equitable allocation of the limited donations budget.

 

Removal of the mention of individuals, or persons applying for a donation for personal gain, would mean only organisations that are not-for-profit, can apply to Council for assistance.

 

The waste waiver applications have not previously been mentioned in the Donations Policy, however it is a very large donation by Council each year for the dumping of excess waste from these organisations. The total tonnage delivered to Council’s waste facility in 2015/16 was 88.34 tonnes. The proposed addition of Item 5.18 under Donations Policy Funding Guidelines, would grant charitable organisations a waste tonnage amount per month, which would be equivalent to a total donation in a year of approximately $500. If they exceed the 300 kilograms per month, an invoice will be raised monthly, for the waste charges after taking their EPA exemption off the fees.

 

Council will continue to donate to each of the Nambucca Shire’s fourteen (14) schools, for annual presentation days, relieving them of the need to apply formally, however this amount has been altered to reflect increasing costs, to $100 to each school This regular donation is now reflected in the policy as part of the total Donations budget, not the residual 20%.

 

The above procedure aims to allocate 100% of the budget for donations. 

 

Should applications be received outside the two (2) proposed funding rounds, the Mayor and General Manager may consider the applications, up to the capped limit of $500, or in excess of the limit in special circumstances, documented by the applicant, and only if funds are still available in the current budget, and reported to Council.

 

Whilst the submissions refer to “first come first served basis” for granting of donations, Council has a limited total budget of $15,000 each financial year to attribute to local organisations. Capping the amount able to be applied for in the Donation Program will ensure Council is able to distribute this limited budget equitably across all organisations, not simply those with “ambitious and large projects”. All organisations deserve the opportunity to apply for funding.

 

The 2017/2018 budget, is almost fully expended, (there would be approximately $3,000 left until 30 June 2018), should Council adopt the policy to donate $100 to each of the 14 Nambucca Valley schools, rather than the current $50 each, and if the proposal to donate $1,000 to the Macksville Gift is approved. A report will be presented to Council at its meeting on 27 July 2017 regarding this. See the attachment to this report which identifies the donations already done for this financial year to date.

 

With regard to the limited funds remaining an additional sentence has been added to Item 5.3, at the end of the point, in bold, for consideration: The second round of applications will only be publicised if there are enough funds remaining in the donations budget for that year.

 

The attached reviewed Policy is the same as that reported to Council on 25 May 2017, with the addition of the above.

 

Submission from Marlene Griffin – email received on 15 June 2017:

 

I am writing as a recipient of donations from Shire Council for two organisations, the Nambucca Valley Arts Council and The Nambucca Community and Arts Centre.

 

Both organisations have benefitted in the past from Shire Council donations for which we have been most grateful.

In this letter I am submitting views on the policy document on ‘Donations “on behalf of the two organisations named above. 

 

I note that this policy document   proposes a significant change from the process in past years in that donations to any single organisation should in future be capped at $500 .

 

Most projects that we as community organisations or 355 Committees would be aiming to launch would cost of the order of several thousands of dollars. Even quite modest projects today require significant funding. To cap the donations at $500 would be of little assistance to many organisations. If an organisation should apply and if they were awarded this maximum sum of $ 500 it could leave them in a difficult situation as they may, even with this full donation, not be able to proceed with their plans. It is hard to think of a project with significant community benefit that only can be funded for such low cost.

 

Clearly some projects cost a lot more than others. I would suggest that it is often the most costly projects that are likely to achieve more benefits to our community. Surely an ambitious and worthwhile community project should attract greater assistance from Shire Council than minor and less ambitious project. Therefore to cap all projects at this figure of $500 is not at all helpful or fair. It would deter us from embarking on ambitious projects even though they would have brought significant benefits to our community.

 

In section 5.9 of the policy document we read “When the annual budgetary limit is reached, no further applications will be considered’. I am unsure how to interpret this. Does it mean that the applications from the day of opening of the process are all going to be accepted until this budgetary limit is reached?  In other words it would be ‘first applicants get the donations’.

 

In the past, 355 Committees and other voluntary organisations in our area have been in receipt of an invitation from Shire Council to put in an application at the time of year when the donations scheme is due to open. What is being suggested in this latest policy document is that we would no longer be in receipt of such an invitation and would need to keep an eye on the Shire Council website to notice the opening of the project during the year as suggested in subsection 5.3.   Many volunteers who serve our community do not habitually log on to the Shire Council website so they would not be aware of the launch of the scheme at the two months you suggest might be chosen ie January and July. This could have the effect of reducing the number of applications you may receive but would not be in the best interests of organisations themselves.

 

I hope that these points might be considered when the policy document is discussed. Thank you for the opportunity to present a submission on this.

 

Yours Sincerely, Marlene Griffin  -  On behalf of NVAC and NCAC C o M

 

Submission from Diane Gulson – email received on 16 June 2017:

As President of the Nambucca Community and Arts Centre Committee of Management I am writing in support of a submission recently sent to you by our Vice President Marlene Griffin and to offer some views of my own. 

In this submission concerning the Council Donations Policy Document, Marlene makes several important points. 

1. The proposed capping of donations at $500 will not significantly help in funding any future projects that will benefit organisations such as ours to achieve plans for improvement especially since the projects which are of most benefit are usually rather costly.  

My view is that if this amount was allowed to be deposited in a bank account until a substantial amount is reached then there may be some chance of gradually building funds to achieve any significant changes. However, if is to be spent by a certain date in the financial year it is awarded, such an amount will not be of much benefit for projects requiring significant funding.  

Also the following section of the draft policy is somewhat confusing.  

5.11 Subsequent applications for assistance, or applications requesting a donation in excess of the “capped” amount, or outside the two (2) funding rounds, are to be treated as follows:

5.11.1 All applications are referred to the General Manager and Mayor for consideration, and reported to Council for adoption or refusal.

            5.11.2 An appropriate response will be given where support is not provided. 

As I interpret this, organisations could continue to request larger amounts and such requests may be awarded at the discretion of the council. I think this further illustrates that council realise that the amount of $500 proposed in this draft will be inadequate for most projects. 

2. Section 5.9. ‘When the annual budgetary limit is reached, no further applications will be considered’. This is not clear. Does this indicate that donations will be on a first come, first served basis?  

3. Some organisations may not regularly check the council website and will therefore miss out on any opportunity to apply for donations. The past practice of sending invitations to organisations was a fairer method because while the new method may reduce the number of submissions it may also penalise some organisations. 

Thank you for the opportunity to present a submission on this draft policy.

Yours Sincerely, Dianne Gulson

CONSULTATION:

 

·           General Manager

·           Assistant General Manager – Corporate Services

·           Manager Financial Services

·           Grants Officer

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

No environmental impact identified.

 

Social

 

The reviewed policy identifies a consistent approach to determining applications for Section 356 donations from Council.

 

Economic

 

The reviewed Policy provides an advertising date for the donations policy more consistent with review of the budget each year, and provides a more equitable policy for allocation of donations.

 

Risk

 

No risk identified.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

There is no impact on the current or future budgets.

 

Source of fund and any variance to working funds

 

There is no variance to the allocation of donations funding.

 

Service level changes and resourcing/staff implications

 

Adoption of the reviewed Policy is likely to result in a positive effect on both service levels and resourcing.

 

Attachments:

1

12244/2017 - CS- POLICY - Review of Donations Policy - April/May 2017

 

2

27093/2017 - 2017/18 Donations Budget after cheque requisitions 18 July 2017

 

  


Ordinary Council Meeting - 27 July 2017

Review of Donations Policy

 

 

 

Description: Description: nambucca valley nsc

 

 

NAMBUCCA SHIRE COUNCIL

 (REVIEWED) POLICY

DONATIONS

(CHARITABLE AND OTHER)

 

 

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.’

 

 

Policy Statement:

 

To ensure that Council has a consistent, equitable and transparent process to respond to requests for donations. That equitable consideration is given to all donation applications received meeting this policy. Funding of donations represent value for money to the community

 

1.0        Policy objective

 

To ensure that money provided by Council to community organisations is allocated in the most effective manner, enabling Council to be more accountable to the community in regard to the spending of Council funds and be more transparent about the level of financial support to community events and organisations.

 

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

1.2     To ensure Council has a consistent, equitable and transparent process to respond to requests for donations of financial assistance funds in an equitable and appropriate manner.

1.3     To provide appropriated in-kind assistance to local not for profit organisations and one-off events.

1.4     To ensure that all applications received, which meet the policy requirements, are given equitable consideration for donation funding.

 

2.0        Related legislation

 

2.1      Section 356 Local Government Act 1993

2.2      Local Government (General) Regulation 2005 (NSW)

               2.3     Local Government and Planning Legislation Amendment (Political Donations) Act 2008

 


 

3.0        Definitions

 

3.1        Contribution

A contribution is a consideration to an independent organisation that will assist the Council in the maintenance and operation of a Council asset or program.

 

3.2       Donation

 A donation is a contribution made by Council without consideration or conditions other than the donation must be used in accordance with Council’s objectives and have a demonstrated benefit to the community. Council may make this donation as a direct monetary contribution, reimbursement for the provision of Council services, facilities or equipment on behalf of Council; or as direct services for which no return benefits are expected. In particular, Council donations can be in the form of payment of rates and charges on behalf of the community or sporting organisations, particularly where the property is leased from Council, and services are provided on behalf of Council.

 

3.3       Grant

            A grant is a consideration made by Council that focuses on a specific activity which is directed at achieving the community goals and objectives of Council.

 

3.4       Sponsorship

A sponsorship is a consideration to support the promotion of activities undertaken by Council.

 

4.0       Policy Content

 

4.1       Nambucca Shire Council in accordance with Section 356 of the Local Government Act annually allocates funds to provide financial assistance to community groups. Council acknowledges the contributions made by the not-for-profit organisations in the local government area, and is willing to support these organisations to achieve their goals wherever possible by committing limited funds in the budget for this purpose.

 

4.2       Council will consider provision of financial assistance by way of donation to local organisations, where in Council’s opinion, the application meets the eligibility criteria and demonstrates a community need.

 

4.3       This policy details the eligibility criteria for the Donations Program, and the types of Donations provided.

 

5.0        Donations Policy Funding Guidelines

 

5.1        During the management planning process each year Council allocates funds for Section 356 Financial assistance.  To optimise the benefit of these funds in the community, funds are allocated in accordance with the guidelines, eligibility and selection criteria outlined in this Policy.

 

5,2        Each year Council will allocate an amount in its annual budget for Section 356 Financial Assistance.

 

5.3        In July, and January each year Council will publish on its website the opening of funding rounds. Applications will be made available online. Enquiries for financial assistance will be directed to Council’s website. Council will accept applications from groups and organisations until the advertised closing date of each round. Each round will be open for a period of no less than 28 days from the first date of publication. The second round of applications will only be publicised if there are enough funds remaining in the donations budget for that year.

 

5.4        All applicants will be made aware that there are limited funds available in Council’s budget and donation requests will be capped at $500.

 

 

 

 

 

 

5.5        All applicants will be required to complete an application in the approved form, which will include a brief description of the organisation, the organisation’s viability, the purpose of the funding request and the need to be accountable for any funds provided.

 

5.6        After applications close a report will be included in Council’s next available Business Paper identifying each application and the funds applied for.

 

5.7        Council will base an assessment of each application, in accordance with the requirements of the Act and the selection criteria outlined in this Policy.  Council may choose to fund, part fund or not fund each application.

 

5.8        Due to limited funding available, the maximum amount that can be funded for any single request will be $500.

 

5.9        When the annual budgetary limit is reached, no further applications will be considered. Council will be advised when the current budgetary limit is close to being fully allocated, within $1,500, with an email from the Grants Officer, as required.

 

5.10      Funds are to be made available to groups after resolution of Council.

 

5.11      Subsequent applications for assistance, or applications requesting a donation in excess of the “capped” amount, or outside the two (2) funding rounds, are to be treated as follows:

 

5.11.1 All applications are referred to the General Manager and Mayor for consideration, and reported to Council for adoption or refusal.

5.11.2 An appropriate response will be given where support is not provided.

 

5.12   Council will make an annual provision for:

 

5.12.1 Award presentations for each of the fourteen (14) primary and secondary schools in the Local Government Area of $100 to each school. Those schools are:

 

Bowraville Central School

Eungai Public School

Frank Partridge VC Public School

Macksville Adventist School

Macksville High School

Macksville Public School

Medlow Public School

Nambucca Heads High School

Nambucca Heads Public School

Nambucca Valley Christian Community School

Scotts Head Public School

St Mary’s Primary School

St Patrick’s Primay School

Tallowood Steiner School

 

5.12.2 Nambucca District Rescue Squad Inc (VRA) for payment of their waste, water and sewer costs up to a total value of $500 only – Council’s Assessment #11215998.

 

5.12.3 An annual indexed donation of $500 to the Talarm Hall Committee of Management to cover out of pocket expenses for the volunteers and the Hall Committee in maintaining the Welsh Pioneer Park.

 

5.12.4 An annual donation of $200 to Legacy for the annual appeal.

 

5.13      Financial assistance is available to not-for-profit organisations which provide a community service within the Nambucca Valley, and that service assists Council in exercising its functions.

 

 

 

5.14      Funding assistance relating to the conduct of events will only be funded if they are one off community based events that provide a social benefit to the community.

 

5.15      Groups who receive funding will be required to show proof of expenditure for the purpose nominated by 31 May each year and whether the objectives of the funding were met, by completion of an Acquittal form.  Groups who fail to comply will not be considered for further funding.

 

5.16      It is not incumbent on Council to donate any, or all, of the funds.

 

5.17      If Council approves a funding request for financial assistance, it is not an ongoing commitment to funding for any following year, unless explicitly stated by Council.

 

5.18      Charitable organisations who make applications each year for a waste waiver, (disposal of inert materials), and have a current exemption in place for the waste levy from the EPA, be granted an allowable disposal tonnage of 300 kg per month, and any waste delivered over this amount will be invoiced monthly, charged at the current landfill disposal rate, less the EPA levy exemption.

 

6.0        Selection Criteria

 

6.1       Other than the annual donations to schools in the local government area for award presentations, and other noted donations, Council requires that organisations applying for funding under this policy are to submit an application.

 

6.2       Applicant organisations must be based in the Nambucca Shire Council local government area or must be affiliated with, or service clients within the Nambucca Shire Council local government area.

 

6.3       Federal or State Funded initiatives will generally not receive assistance under this Policy, nor will requests by organisations raising funds on behalf of another organisation, which is the recipient of financial assistance from the State or Federal Government.

 

6.4       Generally, Council will only provide financial assistance to incorporated not-for-profit organisations or unincorporated not-for-profit organisations, auspiced by an incorporated organisation.

 

6.5       Applicants for funding are required to demonstrate the financial viability of their organisation.

 

6.6       Preference is given to organisations that provide a valuable service or benefit for which there are no alternative funding sources.

 

6.7       The donation request must be for an activity or service to be provided within that financial year as approved by Council. Should an applicant not be in a position to expend the funds within the year, the applicant should prepare a written explanation and proposed time frame for the expenditure.

 

6.8       If an organisation wishes to modify its request or alter the proposed project or event, the applicant should make this request in writing. It is at the discretion of the General Manager as to whether the intent of this modification meets Council’s objectives.

 

6.9       Council will not make retrospective donations. Requests for donations made to the Mayor and General Manager outside of the Donations Policy, should be lodged at least six weeks prior to the date on which they are required.

 

6.10      Council will consider providing donations for significant sporting, cultural or academic achievements, which relate to ambassadorial roles in the community, and assess each of these applications on an individual basis, on merit and supporting evidence.

 

6.11      Council will not provide financial assistance to individuals, or organisations raising funds on behalf of an individual.

 

6.12      Activities ancillary to the functions of registered educational institutions, such as Parents and Citizens organisations are not eligible for funding under this Policy.


 

6.13      Consideration will be given regarding how each project will assist Council exercise its functions.

 

i  Consider the impact each project will have on the community or on disadvantaged groups within the community.

ii  Consider the number of potential beneficiaries from the proposed project or service.

iii Where the project has a smaller number of potential beneficiaries from the proposed project or service, consider the relative disadvantage of that group of people (eg low income, youth, Aboriginality, rural or social isolation, disability, etc).

iv Consider the availability of other funding sources.

v Consider resources/projects availability to the general community.

vi Consider the equity of support to groups across the area.

vii          Consider whether or not the applicant has received Section 356 Financial Assistance

viii         Include consideration of whether requirements for previous funding have been met.

 

7.0        Donation of Council Development Application (DA) fees

 

7.1       Council will make an annual provision for the refund of half of DA fees, to a maximum value of $500, not including fees collected on behalf of the State Government, from appropriate funds, pending submission, and acceptance, of a written application for a refund, for:

 

7.1.1          non-profit charitable organisations.

7.1.2          Council’s Section 355 Committees.

7.1.3          non-profit community and sporting organisations.

 

7.2     Council will not refund DA fees and developer contributions where the applicant:

 

7.2.1         is providing a personalised service for fees e.g. nursing homes, preschools or   childcare centre.

7.2.2         is a profitable operation

7.2.3         operates licensed premises.

 

7.3.      All Council fees must be paid in full, prior to Council considering an application to refund DA fees or developer contributions.

 

8.0        In-Kind Donations

 

8.1       Council may consider providing material, equipment or human resources support to community organisations. Any such in-kind donation would need to take into account the impact on the essential work of the Council through consultation with the relevant Assistant General Manager, before being committed.

 

8.2       Council provides a photocopying service for not for profit and community based service organisations with the Nambucca local government area.  Council will undertake copying of up to 1,000 double sided A4 pages twice per annum at no cost provided the organisation gives Council the necessary photocopy paper at a specification which meets the requirements of Council’s copier.  This copying will be in black and white only.  No colour copying to be provided.

 

9.0     Acknowledgement

 

9.1       Where possible or feasible, recipients of the Donations Program are requested to give public recognition to the donation received from Council, and acknowledge Council’s financial assistance on any related promotional material.


 

10.0   Acquittal

 

10.1   Council requires an acquittal of all donations.

10.2      The recipient organisation is required to detail the manner in which the funds have been expended and a brief description of outcomes.

10.3   Council is to receive the acquittal of these funds by 31 May the following year.

10.4      Organisations that do not complete an acquittal of the donation, will not be eligible for a future donation.

 

11.0   Table of Amendments

 

1.

Department:

Corporate Services

Last Reviewed

Author:

Monika Schuhmacher

Teresa Boorer

Document No.

6416/2011

5556/2016

First Adopted:

27 September 2012

31 March 2016

Resolution No:

 

150/16

Review Due:

 

March 2017

 

2.

Department:

Corporate Services

Last Reviewed

Author:

Teresa Boorer

Teresa Boorer

Document No.

5556/2016

12244/2017

Adopted:

31 March 2016

 

Resolution No:

150/16

 

Review Due:

March 2017

 

 


Ordinary Council Meeting - 27 July 2017

Review of Donations Policy

 


Ordinary Council Meeting                                                                                                     27 July 2017

General Manager's Report

ITEM 9.14    SF2223            270717         Changes to the Organisation Structure

 

AUTHOR/ENQUIRIES:    Joanne Hudson, Manager Human Resources; Michael Coulter, General Manager         

 

Summary:

 

Following the resignation of the Shared Ranger and after consultation with relevant parties, the General Manager has determined to make the following changes to the organisation structure:

 

·      Delete the Shared Ranger position and replace with a part-time Pound Attendant and part-time Compliance Officer, both positions to report to Manager Development and Environment.

 

·      Amend position title from Ranger Coordinator to Ranger.

 

 

 

Recommendation:

 

That Council note the following changes to the organisation structure:

 

Deletion: Shared Ranger EFT 0.50

Addition: Pound Attendant EFT 0.36

Addition: Compliance Officer EFT 0.6

Amendment to position title: from Ranger Coordinator to Ranger

 

 

OPTIONS:

 

None; this report is for information only.

 

DISCUSSION:

 

Following the resignation of the Shared Ranger and after consultation with relevant parties, the General Manager has determined to make the following changes to the organisation structure:

 

·      Delete the Shared Ranger position and replace with a part-time Pound Attendant and part-time Compliance Officer, both positions to report to Manager Development and Environment.

 

·      Amend position title from Ranger Coordinator to Ranger.

 

The changes result in the full-time equivalent (FTE) increasing from 112.54 to 113.00. The cost impact is an additional $27K in salaries (excluding on-costs).

 

The changes have come about following a review of the Shared Ranger position undertaken after the resignation of both the Shared Ranger and their casual replacement.  Council’s Manager Development and Environment identified a heightened priority for a part time Compliance Officer to follow up unauthorised and non-compliant development.  There was discussion as to how our lone Ranger could manage the workload and it was agreed that a contractor or part-time employee arrangement assigned to pound maintenance for 2 hours a day and to provide backup for emergency callouts (dog attacks and stock on roads) when the Ranger is on leave would provide a sufficient level of service.

 

There were other secondary factors in the decision which related to the shared position with Bellingen Shire Council these being the different systems and practices in each council; the difficulties which have been experienced in achieving positive engagement from operational staff; and thirdly the finance costs in acquitting time and expenses across both councils.  The Shared Ranger position was certainly instructive as to the “day-to-day” difficulties such arrangements can face.

 

 

CONSULTATION:

 

Bellingen Shire Council

General Manager

Manager Development and Environment

Manager Human Resources

Ranger

 

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

 

Salaries will increase by approximately $27K (excluding on-costs).

 

Source of fund and any variance to working funds

 

The additional salary expense is not included in Council’s budget.  It is the case that the lag in replacing staff who leave will provide at least an equivalent saving.

 

Service level changes and resourcing/staff implications

 

The proposed changes to the organisation structure will improve the service level in relation to action concerning unauthorised and non-compliant development. 

 

 

Attachments:

There are no attachments for this report.


Ordinary Council Meeting                                                                                                     27 July 2017

General Manager's Report

ITEM 9.15    SF1481            270717         White Albatross - Lease of Encroached Land

 

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

 

Summary:

 

A summary is not required.

 

 

Recommendation:

 

1        That Council as Reserve Trust Manager approve a 10 year licence agreement for the encroachments, advertising signage and pontoon located on Reserve 81153.

 

2        Council’s common seal be applied to the agreements as required.

 

 

OPTIONS:

 

·    Council can accept the report and resolve to approve the licence to INA for a 10 year period with council remaining as the Trust Manager

·    Council can resolve to not support the licence or select a shorter period.  Ten (10) years is the maximum licence period allowed by Crown land licencing.

 

DISCUSSION:

 

In 2014 Council was instructed by NSW Crown lands to remove many encroachments including tenant gardens from Crown Reserve 81153 at Nambucca Heads. This required lengthy negotiations with the permanent residents of the Holiday Park.  Many of the elderly residents had purchased their relocatable homes with the encroachments in place.

 

In 2011, the 6,404m2 of encroached land was valued by Magaan O’Rourke, Loader Valuations with a market rent assessment of $23,200 pa.

 

The holiday park owner contested the valuation and after negotiations with the residents, agreed to reduce the encroached area.

 

As many of the established relocatable homes were sited on the existing boundary it was impossible to reduce the encroachments completely as a legal planning requirement is a minimum 900 mm setback from the rear of any relocatable structure.

 

After the encroachments were removed including gardens the encroached area was reduced to 2,700 m2.  Megaan O’Rourke Loader Valuers then assessed the lease rent value at $9,750 pa.  They also assessed a purchase value on the 5 July 2012 of $135,000.

 

It was agreed that a log fence be erected along the boundary line that would bring future encroachments under control.  A request from the late Erwin Richter (then owner of the White Albatross) to purchase the reduced encroachment area was supported in principle by Crown Lands.  However this would ultimately require Ministerial approval.

 

On 24 September 2012 Council received a letter from Crown Lands congratulating council on their efforts in resolving the encroachment issue and in gaining consensus from all stakeholders.

 

On 17 April 2015 a valuation was obtained for the four encroachment areas being:

 

1.   The 2,904 m2 encroachment surrounding the permanent dwellings - $11,000 pa

2.   An advertising sign – $2,875 pa

3.   The pontoon located in the lagoon - $1,438 pa

4.   The area located at the front of the V Wall Tavern.- $4,000 pa

 

INA purchased the White Albatross Caravan Park on 4 December 2014 carrying over the existing licence agreement. INA were informed of the intention of the previous owner to purchase the encroached land and decided to continue with the existing licence seeking a 10 year term.

 

Other licenses related to the White Albatross include an advertising sign at the front entrance located in the reserve and a pontoon located in the centre of the lagoon.  These licences have been consolidated in the new license agreement. The fourth licence for the Crown land located at the front area of the V Wall Tavern was not followed through.

 

The new consolidated license agreement was prepared and returned to Crown Lands Grafton on 21 December 2015 with a request for further information from council on 16 January 2017.

 

Council is also seeking progression of the formalisation of the extension of Wellington Drive linking the entrance to the White Albatross Holiday Park with public road access as the existing car parks and roads are located on Crown Land. This application is with the department of Local government.

 

The proposed encroachment licence is considered to be consistent with the adjoining reserve purpose being public recreation. The encroachments are caused by allowing for set-backs to the existing permanent relocatable homes predominantly owned by the elderly residents.

 

The proposed license is considered to be compatible with the management plan and crown land management principles.

 

R81153 is vacant cleared natural land and is used by tourists and locals for recreational purposes. The land is adjoined by a cliff face and is subject to slips and landslides in wet weather however the land is held together with dense vegetation and has not had any major slides in the past 10 years.

 

The reserve is identified as one of three natural foreshore areas and is guided by the Crown land management principles detailed in section 11 of the Crown lands Act 1989 which provide the basis for all management decisions affecting Crown land. The principles are:

 

·      Environmental protection principles

·      The natural resources of Crown land be conserved where ever possible.

·      Public use and enjoyment of appropriate Crown land be encouraged

·      Where appropriate Crown land should be used and managed in such a way that both the land and its resources are sustained in perpetuity

·      Crown land be occupied, used, sold, leased, licensed, or otherwise dealt with in the best interests of the State consistent with the above principles

 

The most important social reason to support the issue of the proposed license is the security of tenure for the elderly community who own the relocatable homes with setbacks that reside partly on the remaining encroached land.

 

CONSULTATION:

 

Paul Guy NSC Manager Development and Environment

Michael Coulter General Manager NSC

Libby Weldon Department Primary Industries Lands Grafton Office

Megann, O’Rourke, Loader Valuations Coffs Harbour.

White Albatross Community Residents Action Group

INA Management

The late Erwin Richter

 


 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are no implications.

 

Social

 

The report discusses the social implications.

 

Economic

 

There are no significant economic implications.

 

Risk

 

There are no particular risks to Council.

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

There are no budgetary implications.

 

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 resourcing implications.

 

Attachments:

There are no attachments for this report.  


Ordinary Council Meeting                                                                                                     27 July 2017

Assistant General Manager Corporate Services Report

ITEM 10.1    SF2228            270717         Related Party Disclosures

 

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

 

Summary:

 

Under the provisions of the Local Government Act, 1993 and the Local Government (General) Regulation, 2005 Council must produce annual financial statements that comply with Australian Accounting Standards.  The Australian Accounting Standards Board (AASB) has amended and extended the scope of AASB124 (Related Parties Disclosures).

 

This Policy identifies and provides guidance to Councils Key Management Personnel in determining who are the ‘related parties’ in relation to Council, what equates to related party transactions and how to record these transactions.

 

The standard requires disclosure only and therefore does not impact on the reported financial position or performance. The effective date is for annual reporting periods beginning on or after 1 July 2016.

 

For the purposes of this disclosure, Council’s Key Management Personnel are all Councillors, the General Manager and the Assistant General Managers.

 

 

 

Recommendation:

 

That Council adopt the draft Related Party Disclosures Policy.

 

 

OPTIONS:

 

Changes to Australian Accounting Standards means Council is now required to comply with AASB124 – Related Party Disclosure from 1 July 2016.

 

Any related party transactions must be reported as part of the 2016/17 Financial Reports.

 

Council can adopt the draft Related Party Disclosures Policy as attached or amend as it sees fit.

 

 

DISCUSSION:

 

This policy is to provide guidance for determining who the related parties of Council are, what equates to related party transactions and how to record them. The purpose of this additional reporting is to ensure transparency in dealings with related parties and their effect on Council’s financial reports

 

This is a new policy and it aims to ensure that Council has the required information needed to produce annual financial statements that comply with Australian Accounting Standards.  This has been made necessary by the decision the Australian Accounting Standards Board that from 1 July 2016, that AASB 124 "Related Party Disclosures' will apply to government entities, including local governments.

 

This policy applies to key management personnel and related parties of Nambucca Shire Council.

 

The key aspects of the policy are

 

Related Parties – A person or entity that is related to the entity that is preparing its financial statements. For the purpose of this policy, related parties are entities related to Council, key management personnel and close family members of key management personnel.

 

 

Key Management Personnel (KMP) – Those persons having authority and responsibility for

planning, directing and controlling the activities of the entity directly or indirectly.

 

 

Close Family Members – Are people who can be expected to influence or be influenced by KMP.  This includes but is not limited to spouse or partner, children and dependants, children and dependants of spouse or partner and possibly parents, grandparents and other family members.  Other family members who would expect to influence or be influenced by KMP need to be included as close family members. This is to be carried out on a self-assessment basis by each KMP.

 

 

Related Party Transaction – A Related Party Transaction is a transfer of resources, services or obligations between a reporting entity and a related party, regardless of whether a price is charged.

 

Disclosure – Disclosures will include the nature of the relationship and information about transactions, outstanding balances and commitments. If a KMP is affected by the disclosure they will be given a copy of the disclosure for comment before the external audit is finalised. All comments will be considered however any deviations from the standard policy will not be included in the final disclosure. The General Manager will give the final approval of what will be contained in the disclosure.

 

What will be disclosed?

Councils must disclose related party relationships, transactions and outstanding balances, including commitments.  Generally, disclosure will only be made where a transaction has occurred between council and a related party of council. In addition the transaction must be material in nature or size, when considered individually or collectively.

Transactions between council and a subsidiary must be disclosed if they are individually significant. When assessing whether such transactions are significant councils could consider the following factors:

·      significance in terms of size

·      carried out on non-market terms

·      outside normal day-to-day council operations

·      subject to council approval

·      provide a financial benefit not available to the general public

·      transaction likely to influence decisions of users of financial statements.

The total remuneration paid to KMP must be disclosed.

The related party disclosure will include the nature of the relationship and information about transactions, outstanding balances and commitments. Transactions will only be included in the disclosure within the annual financial statements if the transaction has occurred or there is a commitment that it will occur. The types of disclosures will be relationships, transactions, outstanding balances and commitments.

 

 

Notification by KMP of Related Parties – KMP are to provide a notification of related parties at the beginning of each Financial Year. The method for identifying close family members and associated entities will be by KMP self-assessment.

 

Notification by KMP of Related Party Transactions – All KMP will be required to complete and submit to the General Manager, a notification advising of any known related party transactions that have occurred in the past reporting period. reporting purposes.

 

"Ordinary Citizen Transactions (OCTs) transactions that an ordinary citizen would undertake with Council and as such do not need to be captured and reported for disclosure.  The OCT’s that have been identified are the paying Council fees, rates or charges.

 

ATTACHED for reference is the draft policy, a draft guide, sample reporting for the current Accounting and Reporting Code and a question and sheet from the Office of Local Government.

 

 

CONSULTATION:

 

OLG Webinar 12 October 2016

LG Debits and Credits (NSW) November 2016

OLG Code of Accounting Practice and Financial Reporting Update 25

AASB124

Published policies regarding Related Party Transactions of Bellingen, Lismore, Singleton, Southern Downs, Townsville and Gladstone Councils.

 

 

SUSTAINABILITY ASSESSMENT:

 

The adoption of this policy supports the integrity of Council as well as its commitment to responsible corporate governance, including compliance with laws and regulations governing Related Party Transactions.

 

 

FINANCIAL IMPLICATIONS:

 

Nil

 

RISK IMPLICATIONS:

 

It is important that Council provides accurate, unbiased and factual reporting and the inclusion of related party disclosures in Council’s annual financial statements will enable users of the financial statements to form a view about the effects of related party relationships.

 

Attachments:

1

27528/2017 - Draft Policy NSC Related Party Transactions

 

2

27522/2017 - Draft Related Party Disclosures for Key Management Personnel

 

3

27431/2017 - Example Related Party Disclosures in Financial Statements Code of Accounting Practice and Financial Reporting Update 25 Note 28

 

4

27524/2017 - OLG - Questions and Answers - AASB124 Related Party Transactions Webinar  - 12 October 2016

 

  


Ordinary Council Meeting - 27 July 2017

Related Party Disclosures

 

 

 

Description: nambucca valley nsc

 

 

DRAFT NAMBUCCA SHIRE COUNCIL

 POLICY

 

 

Our Vision

 

Nambucca Valley ~ Living at its best

 

Our Mission Statement

 

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

 

 

 

 

1.0       Policy objective

The purpose of this policy is to define the parameters for Related Party Transactions and the

level of disclosure and reporting required for Council to achieve compliance with the Australian

Accounting Standard AASB 124 - Related Party Disclosures.  This is to ensure transparency in dealings with related parties and their effect on Council’s financial reports.

 

This policy shall be applied in

·    Identifying related parties and relevant transactions

·    Identifying outstanding balances, including commitments, between Council and its related

·    parties,

·    Identifying the circumstances in which disclosures of the items in a) and b) is required, and

·    Determining the disclosures to be made about those items.

 

2.0       Related legislation

Local Government Act 1993

Local Government (General) Regulation 2005

 

Related Documents

 

Australian Accounting Standards - AASB 124 Related Party Disclosures

Code of Accounting Practice and Financial Reporting

Council Code of Conduct

AASB 124 Related Party Disclosures

Nambucca Shire Related Party Transaction Guide

Nambucca Shire Related Party Register Nambucca Shire Related Party Transaction Register

Declaration of Interest

Queensland Government, Department of Infrastructure, Local Government and Planning Related Party Disclosure Bulletin

 

3.0       Definitions

 

"AASB 124" - means the Australian Accounting Standards Board, Related Party Disclosures

Standard.

 

"Act" - means the Local Government Act 1993.

 

“Close members of the family of a person” - are those family members who may be

expected to influence, or be influenced by, that person in their dealings with the Council and

include:

 

(a) that person’s children and spouse or domestic partner;

(b) children of that person’s spouse or domestic partner; and

(c) dependants of that person or that person’s spouse or domestic partner.

 

"Entity" - can include a body corporate, a partnership or a trust, incorporated association, or

unincorporated group or body.

 

"Key management personnel" - as defined in Section 4.1 of this Policy.

 

"KMP Compensation" - means all forms of consideration paid, payable, or provided in

exchange for services provided, and may include:

 

·    Short-term employee benefits, such as wages, salaries and social security

contributions, paid annual leave and paid sick leave, profit sharing and bonuses (if

payable within twelve months of the end of the period) and non-monetary benefits

(such as medical care, housing, cars and free and subsidised goods or services) for

current employees;

 

·    Post-employment benefits such as pensions, other retirement benefits, postemployment

life insurance and post-employment medical care;

 

·    Other long-term employee benefits, including long-service leave or sabbatical leave,

jubilee or other long-service benefits, long-term disability benefits and, if they are not

payable wholly within twelve months after the end of the period, profit sharing,

bonuses and deferred compensation;

 

·    Termination benefits; and

 

·    Share-based payment.

 

 

"Material" (materiality) - means the assessment of whether the transaction, either individually or in

aggregate with other transactions, by omitting it or misstating it could influence decisions that users

make on the basis an entity's financial statements. For the purpose of this policy, it is not considered

appropriate to set either a dollar value or a percentage value to determine materiality.

 

"Ordinary Citizen Transaction" - means a transaction that an ordinary citizen of the

community would undertake in the ordinary course of business with Council.

 

“Possible (Possibly) Close members of the family of a person” - are those family

members who could be expected to influence, or be influenced by, that person in their

dealings with the Council and include:

 

(a) that person’s brothers' and sisters';

(b) aunts', uncles', and cousins' of that person’s spouse or domestic partner;

(c) dependants of those persons' or that person’s spouse or domestic partner as

stated in (b); and

(d) that person's or that person's spouse or domestic partners', parents' and

grandparents'.

 

“Related Party” - defined in Section 4.2 of this Policy.

 

“Related Party Transaction” - is a transfer of resources, services or obligations between a

Council and a related party, regardless of whether a price is charged.

 

 

"Significant" (significance) - means likely to influence the decisions that users of the

Council’s financial statements make having regard to both the extent (value and frequency) of

the transactions, and that the transactions have occurred between the Council and related

party outside a public service provider/ taxpayer relationship.

 

 

 

 

4.0       Policy statement

 

Related Party relationships are a normal feature of commerce and business. For example,

entities frequently carry on parts of their activities through subsidiaries, joint ventures and

associates. In those circumstances, there is the possibility of the entity having the ability to

affect the financial and operating policies of Council through the presence of control, joint

control or significant influence.

 

A related Party relationship could influence the normal business operations of Council. In

some instances, Council may enter into transactions with a Related Party that unrelated

parties would not. For example, goods are supplied to Council on terms that might not be

offered to other customers. Also, transactions between Related Parties may not be made on

the same terms as between unrelated parties.

 

The normal business operations of Council may be affected by a Related Party relationship

even if Related Party Transactions do not occur. The mere existence of the relationship may

be sufficient to affect the transactions of the Council with other parties. Alternatively, one party

may refrain from trading with Council because of the significant influence of another—for

example, a local supplier may be instructed by its parent not to engage in supplying goods to

Council.

 

For these reasons, knowledge of Council’s transactions and outstanding balances (including

commitments and relationships with Related Parties) may affect assessments of Council's

operations by users of financial statements, including assessments of the risks and

opportunities facing the Council.

 

4.1       Identification of Key Management Personnel (KMP)

 

AASB 124 defines KMP's as “those persons having authority and responsibility for planning, directing and controlling the activities of the entity, directly or indirectly, including any director (whether executive or otherwise) of that entity”.

 

KMP's for the Council are considered to include:

 

Councillors (including the Mayor);

General Manager;

Senior Executive Officers.

 

4.2    Identification of Related Parties

 

A person or entity is a related party of Council if any of the following apply:

a) They are members of the same group (which means that each parent, subsidiary and

fellow subsidiary is related to the others).

b) They are an associate or belong to a joint venture of which Council is part of.

c) They and Council are joint ventures of the same third party.

d) They are part of a joint venture of a third party and council is an associate of the third

party.

e) They are a post-employment benefit plan for the benefit of employees of either Council

or an entity related to Council.

f) They are controlled or jointly controlled by Close members of the family of a person.

g) They are identified as a close or possibly close member of the family of a person with

significant influence over Council or a close or possibly close member of the family of a

person who is a KMP of Council.

h) They, or any member of a group of which they are a part, provide KMP services to

Council.

 

For the purposes of this Policy, related parties of Council are:

a) Entities related to Council;

b) Key Management Personnel (KMP) of Council

c) Close family members of KMP;

d) Possible close family members of KMP's; and

e) Entities or persons that are controlled or jointly controlled by KMP, or their close

family members, or their possible close family members.

 

 

4.3       Review of Related Parties

 

Particular events, such as a change of Councillors, General Manager or Senior Executive

Officers or a corporate restructure, will trigger a review of Council’s related parties immediately following such an event.

 

The method for identifying the close family members and associated entities of KMP will be by

KMP self-assessment.

 

Notification by KMP of Related Parties – KMP are to provide a notification of related parties at the beginning of each Financial Year. The method for identifying close family members and associated entities will be by KMP self-assessment.

 

4.4       Identification of Control or Joint Control

 

A person or entity is deemed to have control if they have:

 

a) power over the entity;

b) exposure, or rights, to variable returns from involvement with the entity; and

c) the ability to use power over the entity to affect the amount of returns.

 

To jointly control, a person or entity must have contractual rights or agreed sharing of control

of the entity, which exists only when decisions about the relevant activities require the

unanimous consent of the parties sharing control.

 

4.5       Required Disclosures & Reporting

 

AASB 124 provides that Council must disclose the following financial information in its financial

statements for each financial year period:

 

1. Disclosure of any related party relationship - must disclose in the annual financial

statements its relationship with any related parties or subsidiaries (where applicable),

whether or not there have been transactions within the relevant reporting period.

 

2. KMP Compensation Disclosures - must disclose in the annual financial statements

KMP for each of the categories of compensation (as defined in the definitions of this

Policy) in total.

 

4.6     Related Party Transactions Disclosures

 

Related Party Transactions are required to be disclosed, regardless of whether a price is

charged. Such transactions may include:

 

·    Purchase or sale of goods;

·    Purchase or sale of property and other assets;

·    Rendering or receiving services;

·    Leases;

·    Quotations and/or tenders;

·    Commitments; and

·    Settlements of liabilities on behalf of Council or by Council on behalf of the related party.

 

 

Council must disclose all material and significant Related Party Transactions in its annual

financial statements and include the following detail:

 

(i) The nature of the related party relationship; and

(ii) Relevant information about the transactions including:

a) The amount of the transaction;

b) The amount of outstanding balances, including commitments, and

i. Their terms and conditions, including whether they are secured, and the

nature of the consideration to be provided in the settlement; and

ii. Details of any guarantee given or received

c) Provision for doubtful debts related to the amount of outstanding balances; and

d)The expense recognised during the period in respect of bad or doubtful debts

due from related parties.

 

 

The following matters must be considered in determining the materiality and significance of

any related party transactions:

 

(i) Significance of transaction in terms of size;

(ii) Whether the transaction was carried out on non-market terms;

(iii) Whether the transaction is outside normal day-to-day business operations, such as the

purchase and sale of assets;

(iv) Whether the transaction is disclosed to regulatory or supervisory authorities;

(v) Whether the transaction has been reported to senior management; and

(vi) Whether the transaction was subject to Council approval.

 

Regard must also be given for transactions that are collectively, but not individually significant.

 

Disclosures that Related Party Transactions were made on terms equivalent to those that prevail

in arm’s length transactions can only be made if such terms can be substantiated.

 

All transactions involving Related Parties will be captured and reviewed to determine materiality

or otherwise of such transactions, if the transactions are Ordinary Citizen Transactions (OCTs),

and to determine the significance of each of the transactions.

 

Notification by KMP of Related Party Transactions – All KMP will be required to complete and submit to the General Manager, a notification advising of any known related party transactions that have occurred in the past reporting period. reporting purposes.

 

 

4.7     Materiality

 

Once the related party transactions have been identified they will be analysed by the

General Manager and those found to be of a material nature will be disclosed in the financial

statements.

 

For the purposes of this policy any transaction where the aggregate amount involved

will be expected to exceed $10,000 in any financial year will be disclosed in the annual financial statements.

 

4.8     Ordinary Citizen Transactions

 

Ordinary citizen transactions (see definitions) are those transactions that are made on

an arm’s length basis between Council and related parties that an ordinary citizen of

the community would transact with the Council. Examples of these are rates payments

for properties owned by the related party and dog registration payments.

 

Any transactions between Council and related parties that are deemed to be ordinary citizen transactions (see definition) will not be required to be  disclosed in the annual financial statement.

 

Transactions between Council and related parties that would normally be considered to

be ordinary citizen transactions but where the terms and conditions differ from normal

practice will not be considered to be an ordinary citizen transaction for the purposes of

this policy. These will be disclosed in Council’s annual financial statements in the

related party disclosure.

 

5.0       History

Department:

 

Last Reviewed

Resolution Number

Author:

Scott Norman  AGMCS

 

 

Document No.

 

 

 

First Adopted:

 

 

 

 


Ordinary Council Meeting - 27 July 2017

Related Party Disclosures

 

 

Description: nambucca valley nsc

 

DRAFT Guide to Related Party Disclosures for Key Management Personnel

 

From 1 July 2016 local governments (councils) must disclose related party relationships, transactions and outstanding balances, including commitments, in the annual financial statements.

 

Aren’t we already doing this?

 

The Pecuniary Interest form does capture similar information however the information required to report related party transactions is not all collected. The Office of Local Government has advised they will not be modifying the form or issuing another template specifically for related party transactions.

 

How are we doing to approach this?

 

Nambucca has implemented a self-assessment system for the disclosure of related party transactions and identifying close family members of Key Management Personnel.  This is document is a guide to assist in making that assessment.

 

Who are Related Parties?

 

 

 

Who are Key Management Personnel (KMP)?

 

Key Management Personnel (KMP)Those persons having authority and responsibility for

planning, directing and controlling the activities of the entity directly or indirectly.

 

Nambucca Shire has decided to nominate Councillors, The General Manager and Assistant General Managers as KMP.  This doesn’t exclude other people being KMP if their circumstances align with the above definition.

 

 

Who are close family members of KMP?

 

These are family members who may be expected to influence, or be influenced by, that person in their dealings with council and include:

(a) that person’s children and spouse or domestic partner;

(b) children of that person’s spouse or domestic partner; and

(c) dependants of that person or that person’s spouse or domestic partner.

 

 

 

 

The following table may assist you in identifying your close family members:

Definitely a close family member

May be a close family member

Your spouse/domestic partner

 

Your brothers and sisters, if they could be expected to influence or be influenced by you in their dealings with council

 

Your children

 

Your aunts, uncles and cousins, if they could be expected to influence or be influenced by you in their dealings with council

 

Your dependants

 

Your parents and grandparents, if they could be expected to influence or be influenced by you in their dealings with council

 

Definitely a close family member

May be a close family member

Children of your spouse/domestic partner

 

Your nieces and nephews, if they could be expected to influence or be influenced by you in their dealings with council

Dependants of your spouse/domestic partner

 

Any other member of your family if they could be expected to influence or be influenced by you in their dealings with council

 

 

 

What is an entity that I, or my close family member, control or jointly control?

 

Entities include companies, trusts, incorporated and unincorporated associations such as clubs and charities, joint ventures and partnerships

.

You control an entity if you have

a) power over the entity;

b) exposure, or rights, to variable returns from involvement with the entity; and

c) the ability to use your power over the entity to affect the amount of your returns.

 

 

Example of control

 

Fred is the Mayor of Sunny Shire Council and owns 100% of the ordinary shares in Sunny Development Company Pty Ltd (the company). The ordinary shares are the only shares in the company that have voting rights.

 

Fred controls the company because he has the power to affect the company’s decisions and the return that he will get from the company.

 

Fred will need to include the company on his related party declaration.

 

 

 

 

 

 

To jointly control an entity there must be contractually agreed sharing of control of the entity, which exists only when decisions about the relevant activities require the unanimous consent of the parties sharing control.

 

 

Example of joint control

 

Fred is the Mayor of Sunny Shire Council and owns 50% of the ordinary shares in Sunny Development Company Pty Ltd (the company). Fred’s brother Stan owns the other 50% of ordinary shares. Fred and Stan are the only Directors of the company and have equal voting rights on the board.

 

Fred and Stan have joint control of the company because any decisions require the unanimous consent of them both.

 

Fred will need to include the company on his related party declaration.

 

 

 

 

 

In some cases it will be obvious that you or a family member control or have joint control over an entity. In other cases it will be less clear.

 

If you are unsure whether you, or a close family member, has control or joint control of an entity then you should contact the General Manager for a confidential discussion.

 

What will be disclosed?

Councils must disclose related party relationships, transactions and outstanding balances, including commitments.  Generally, disclosure will only be made where a transaction has occurred between council and a related party of council. In addition the transaction must be material in nature or size, when considered individually or collectively.

Transactions between council and a subsidiary must be disclosed if they are individually significant. When assessing whether such transactions are significant councils could consider the following factors:

·      significance in terms of size

·      carried out on non-market terms

·      outside normal day-to-day council operations

·      subject to council approval

·      provide a financial benefit not available to the general public

·      transaction likely to influence decisions of users of financial statements.

The total remuneration paid to KMP must be disclosed.

The related party disclosure will include the nature of the relationship and information about transactions, outstanding balances and commitments. Transactions will only be included in the disclosure within the annual financial statements if the transaction has occurred or there is a commitment that it will occur. The types of disclosures will be relationships, transactions, outstanding balances and commitments.

How will disclosure be made?

Council will disclose material and significant related party transactions in its annual financial statements.

 

To make this possible KMP will have to report Related Party Transactions are required to be disclosed, regardless of whether a price is

charged. Such transactions may include:

 

·    Purchase or sale of goods;

·    Purchase or sale of property and other assets;

·    Rendering or receiving services;

·    Leases;

·    Quotations and/or tenders;

·    Commitments; and

·    Settlements of liabilities on behalf of Council or by Council on behalf of the related party.

 

To assist in the process a standard set of forms has been developed, Changes in circumstance and significant transactions can be reported at any time but as a matter of process KMP will be asked to complete a return at the beginning of a new financial year,  this ties in with the reporting cycle.

A register will be maintained.  The register will be secured on the Council’s Record Management System.

What doesn’t need to be disclosed?

Ordinary Citizen Transactions (OCT’s) - transactions that an ordinary citizen would undertake with Council and as such do not need to be captured and reported for disclosure.  The OCT’s that have been identified are the paying Council fees, rates or charges and companion animal registration.

 

 


Ordinary Council Meeting - 27 July 2017

Related Party Disclosures

 


 


 


Ordinary Council Meeting - 27 July 2017

Related Party Disclosures

 


 


 


Ordinary Council Meeting                                                                                                     27 July 2017

Assistant General Manager Corporate Services Report

ITEM           SF2230            270717         Investment Report to 30 June 2017

 

AUTHOR/ENQUIRIES:    Faye Hawthorne, Accountant         

 

Summary:

 

The return on investments from 1 July 2016 to 30 June 2017 is $1,376,544.

 

The original budget allocation for the financial year “2016/17” was $876,100, and revised with December 2016 Review to $1,067,100.

 

Council currently has $34.316 Million invested:

 

·      $   6.064     Million with Managed Funds,

·      $   2.170     Million with On Call Accounts

·      $ 22.082      Million on Term Deposits

·      $   4.000     Million with Floating Rate Notes

 

This report details all the investments placed during June and Council funds invested as at 30 June 2017.

 

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

 

 

 

C P Doolan

Responsible Accounting Officer

 

 

Recommendation:

 

That the Accountants’ Report on Investments placed to 30 June 2017 be noted.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

OPTIONS:

 

This report is for information only.

DISCUSSION:

 

This report details all the investments placed during June 2017 and Council funds invested as at June 2017.

 

 

CONSULTATION:

 

Grove Research and Advisory

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are no environmental implications.

 

Social

 

There are no social implications.

 

Economic

 

Risk

 

That Council may not meet its budget returns for 2016/2017 based on current performance.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

A review of budgeted interest returns for 2016/2017 has been completed with the March 2017 Budget Review and GPG Research & Advisory have provided Council with the updated interest rates.

 

Source of fund and any variance to working funds

 

Interest on investments have been assessed with the March 2017 Budget Review. Variances have been distributed between the Water, Sewerage and General Funds for the financial year up to 31 December 2016.

 

Service level changes and resourcing/staff implications

 

Not applicable

 

 

Attachments:

There are no attachments for this report.  


Ordinary Council Meeting                                                                                                     27 July 2017

Corporate Services

ITEM 10.3    SF251              270717         Schedule of Council Public Meetings 2017

 

AUTHOR/ENQUIRIES:    Lorraine Hemsworth, Executive Assistant         

 

SUMMARY:

 

The following is a schedule of dates for public Council meetings to be held in 2017.  The meeting dates may change from to time and this will be recorded in the next available report to Council.

 

Comment from General Manager

 

It is recommended that Council undertake some “away” meetings in spring when the weather and insects are kinder to meetings in public halls.  By way of suggestion it is proposed that there be meetings in Scotts Head, Valla Beach or Valla Rural and Burrapine.  These have been tentatively scheduled for September, October and November 2017.

 

 

Recommendation:

 

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

 

MEETING

DATE

VENUE

COMMENCING

Traffic Advisory Committee

1 August

Committee Room

10.30 AM

NSW Rural Fire Service SLA Meeting

9 August

NEOC Building

09.00 AM

Clean Energy Committee

9 August

Council Chambers

11.00 AM

Rally Australia Community Liaison Com

16 August

Council Chambers

10.30 AM

Ordinary Council Meeting

17 August

Council Chambers

5.30 PM

Access Committee

22 August

Council Chambers

2.00 PM

Ordinary Council Meeting

31 August

Council Chambers

5.30 PM

Audit & Risk Improvement Committee

13 September

Council Chambers

10.30 AM

Land Development Committee Com

14 September

Council Chambers

3.30 PM

Ordinary Council Meeting

14 September

Council Chambers

5.30 PM

Access Committee

26 September

Council Chambers

2.00 PM

Ordinary Council Meeting

28 September

Scotts Head at SLSC

5.30 PM

Traffic Advisory Committee

3 October

Committee Room

10.30 AM

Ordinary Council Meeting

12 October

Council Chambers

5.30 PM

Access Committee

24 October

Council Chambers

2.00 PM

Ordinary Council Meeting

26 October

Valla Beach Hall

5.30 PM

NSW Rural Fire Service SLA Meeting

8 November

NEOC Building

09.00 AM

Audit & Risk Improvement Committee

8 November

Council Chambers

10.30 AM

Vehicular Access to Beaches Committee

10 November

Council Chambers

1.30 PM