NAMBUCCA

SHIRE COUNCIL

 


Ordinary Council Meeting

AGENDA ITEMS

16 August 2018

 

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 - 16 August 2018

 

Acknowledgement of Country            (Mayor)

 

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

 

AGENDA                                                                                                   Page

 

1        APOLOGIES

2        PRAYER

3        DISCLOSURE OF INTEREST

4        CONFIRMATION OF MINUTES —

Ordinary Council Meeting - 26 July 2018....................................................................................... 8

5        NOTICES OF MOTION

5.1     NOTICE OF MOTION - Appointment of Acting General Manager (SF35)............................. 17

5.2     NOTICE OF MOTION - Review of Mayor, Deputy Mayor and General Manager's Delegations of Authority (SF35)............................................................................................................. 20  

6        PUBLIC FORUM

 

i         Mr Bob Higgins  Head of Pacific Highway Upgrade and Mr Chris Clarke Project Engineer will be attending Council for the last time to thank Council for their collaboration

ii        Mr Michael Chandra on behalf of Imperium Markets

 

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.................................................................................... 45

9.2     Request by Lesley Flanders to Purchase Land West of the Bowraville Racecourse............ 52

9.3     Final Nambucca Regional Economic Development Strategy 2022..................................... 56

9.4     Notification of Aboriginal Land Claim No. 45864............................................................... 60

9.5     Mid North Coast Childhood Obesity Prevention and Management Action Plan July 2018 - June 2023..................................................................................................................................... 65

9.6     Provision of a Mural in Bowraville.................................................................................... 68

9.7     Risk Framework and Strategic Risk Register.................................................................... 70

9.8     Dawkins Park - IBIS Management ................................................................................. 123

9.9     Undetermined Development Applications either greater than 12 months or where submissions received to 8 August 2018.......................................................................................................... 127

9.10   2018 July - Approved Construction and Complying Development Certificates.................. 128

9.11   2018 July - Development and Complying Development Applications Received................ 131

9.12   Request for Donation - Nambucca Heads RSL Club for Farmers Donation Drive.............. 135

9.13   Regional Cultural Fund - Round 2................................................................................... 138

9.14   Draft Companion Animals Policy................................................................................... 147

9.15   Draft Nambucca Shire Council Strategic Tourism Plan.................................................... 156

10      Assistant General Manager Corporate Services Report

10.1   Financial Reporting Review............................................................................................ 206

10.2   Financial Management Policy........................................................................................ 208

10.3   Authority of Delegations - Mayor and Deputy Mayor....................................................... 214

10.4   Delegations.................................................................................................................. 219

10.5   Section 355 Committee Guidelines and Delegations of Authority..................................... 229

10.6   Review of Investment Funds Policy and Strategy........................................................... 291

10.7   Investment Report to 31 July 2018................................................................................. 318

10.8   Utungun Community Hall Committee of Management - Annual General Meeting - 15 July 2018 323

10.9   Gordon Park Tennis Centre Committee of Management - Annual General Meeting - 26 July 2018  329

10.10  Schedule of Council Public Meetings 2018..................................................................... 337

11      Assistant General Manager Engineering Services Report

11.1   Draft Beach Management Policy.................................................................................... 338

11.2   Revision of Sustainable Fleet and Plant Policy .............................................................. 360

11.3   2017-18 Capital Works Program Monthly Report............................................................. 365

11.4   Tender 020/2018 - Field Lighting Coronation Park and Macksville Park............................. 379

11.5   Waste Management Quarterly Report April - June 2018................................................... 382

11.6   Nambucca Shire Traffic Committee Meeting Minutes - 7 August 2018.............................. 387    

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

12.1   Tender 020/2018 Field Lighting Coronation Park and Macksville Park - Confidential Report

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   Incidents Pertaining to Regulatory Non-Compliance, Fines, Penalties, Prosecutions, Potential Major Claims or Loss of Reputation

It is recommended that the Council resolve into closed session with the press and public excluded to allow consideration of this item, as provided for under Section 10A(2) (g) of the Local Government Act, 1993, on the grounds that the report contains advice concerning litigation, or advice that would otherwise be privileged from production in legal proceedings on the ground of legal professional privilege.

 

12.3   Stuart Island - Renewal of Lease to Golf Club

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) (d) (g) (h) 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; AND 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; AND the report contains advice concerning litigation, or advice that would otherwise be privileged from production in legal proceedings on the ground of legal professional privilege; AND the report contains information concerning the nature and location of a place or an item of Aboriginal significance on community land.

 

12.4   Payment of Funeral Expenses

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) (b) (d) of the Local Government Act, 1993, on the grounds that the report contains a discussion in relation to the personal hardship of a resident or ratepayer; AND 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.

 

12.5   Lease to Optus Mobile - Palmer Street, Nambucca Heads

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

  

            a      Questions raised by Councillors at 8 above

 

       i         MOTION TO CLOSE THE MEETING

       ii        PUBLIC VERBAL REPRESENTATIONS REGARDING PROPOSAL

     TO CLOSE

       iii       CONSIDERATION OF PUBLIC REPRESENTATIONS

                   iv       DEAL WITH MOTION TO CLOSE THE MEETING

13      MEETING CLOSED TO THE PUBLIC

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


NAMBUCCA SHIRE COUNCIL

 

Description: nambucca valley nsc

 

DISCLOSURE OF INTEREST AT MEETINGS

 

 

Name of Meeting:

 

Meeting Date:

 

Item/Report Number:

 

Item/Report Title:

 

 

 

I

 

declare the following interest:

          (name)

 

 

 

 

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

 

 

 

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

 

 

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

 

For the reason that

 

 

 

 

 

 

Signed

 

Date

 

 

 

 

 

Council’s Email Address – council@nambucca.nsw.gov.au

 

Council’s Facsimile Number – (02) 6568 2201

 

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

 


Definitions

 

(Local Government Act and Code of Conduct)

 

 

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

(Local Government Act, 1993 section 442 and 443)

 

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

 

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

 

 

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

 

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

 

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

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

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

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

 


NAMBUCCA SHIRE COUNCIL

Ordinary Council Meeting

MINUTES OF THE Ordinary Council Meeting HELD ON 26 July 2018

The following document is the minutes of the Ordinary Council meeting held 26 July 2018.  These minutes are subject to confirmation as to their accuracy at the next meeting to be held on Thursday 16 August 2018 and therefore subject to change.  Please refer to the minutes of 16 August 2018 for confirmation.

PRESENT

 

Cr Rhonda Hoban (Mayor)

Cr John Ainsworth

Cr Martin Ballangarry OAM (Deputy Mayor)

Cr Brian Finlayson

Cr Susan Jenvey

Cr David Jones

Cr Janine Reed

Cr John Wilson

 

ALSO PRESENT

 

Michael Coulter (General Manager)

Robert Hunt (AGM Corporate Services)

Paul Gallagher (AGM Engineering Services)

Lorraine Hemsworth (Minute Secretary)

 

APOLOGIES

 

Cr Anne Smyth

 

 

 

PRAYER

 

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

 

 

DISCLOSURE OF INTEREST

 

Councillor Janine Reed declared a pecuniary interest in Item 9.3 New Macksville Hospital Development Application under the Local Government Act as Cr Reed is a member of the Mid North Coast Local Health District Board. Cr Reed left the meeting for this item.

 

Mr Michael Coulter declared a Non Pecuniary – Significant Conflict interest in Item 11.2 Revised Plan of Management Adin Street Reserve Scotts Head under the Local Government Act as he is the Secretary of the Macksville-Scotts Head Surf Lifesaving Club.  He is involved in the organisation of surf carnivals which may require provision for overflow parking and conflict with the objectives of the Committee and Plan of Management.  Mr Coulter left the meeting for this Item.

 

 

CONFIRMATION OF MINUTES - Ordinary Council Meeting

 

SUBJECT:   CONFIRMATION OF MINUTES - Ordinary Council Meeting 12 July 2018

316/18 RESOLVED:        (Wilson/Reed)

 

That the minutes of the Ordinary Council Meeting of 12 July 2018 be confirmed.

 

 

 PUBLIC FORMUM

i         Joe Saliba – Notice of an application for the protection of a specified area, being the area    known as the Bellwood Sacred Site, NSW

Mr Saliba was not present.

 

 

ASKING OF QUESTIONS WITH NOTICE

 

There were no questions with notice.

 

QUESTIONS FOR CLOSED MEETING WHERE DUE NOTICE HAS BEEN RECEIVED

 

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

 

 

 

General Manager Report

Bring Forward Item 9.3 - New Macksville Hospital Development Application

317/18 Resolved:        (Ainsworth/Jones)

 

That Item 9.3 - New Macksville Hospital Development Application be brought forward as a staff member was present.

 

 

Councillor Janine Reed left the meeting before the commencement of this item, the time being 5:34 PM

 

ITEM 9.3      SF542                260718      New Macksville Hospital Development Application

318/18 RESOLVED:        (Wilson/Ballangarry)

 

1        That Council note the information concerning the Development Application and Environmental Impact Statement for the new Macksville Hospital.

 

2        Council continue to make representations to the Member for Oxley, the Premier and senior staff from her Department in relation to $ for $ grant funding for the provision of water and sewerage services to the new Macksville Hospital.

 

3        Council note the proposed expenditure of $20,000 in funding provided by the Department of Premier and Cabinet for the preparation of business cases for grant applications under the Growing Local Economies Program.

 

 

Councillor Janine Reed returned to the meeting at the completion of this item, the time being 5:44 PM

 

 

 

ITEM 9.1      SF959                260718      Outstanding Actions and Reports

319/18 RESOLVED:        (Ainsworth/Finlayson)

 

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

 

 

 

 


 

 

ITEM 9.2      SF2455              260718      Encroachments White Albatross Holiday Park, Nambucca Heads

320/18 RESOLVED:        (Ainsworth/Wilson)

 

1        That the Nambucca Shire Council as Reserve Trust Managers of (R81262) provide support in principle for Land Advisory services (Landas) to request directly to Crown lands for a boundary adjustment shown on the survey provided.

 

2        The Caravan Park be requested to provide Council with a current site plan identifying all dwelling/camp sites, roads, and communal areas, including the sizes of sites (areas and dimensions) and notify Council of any proposed changes to the plan prior to the occurrence.

 

3        That the owner be advised that any future encroachments will be required to be removed immediately.

 

 

 

 

Item 9.3 was dealt with earlier in the meeting.

 

 

 

ITEM 9.4      SF2423              260718      Development Applications greater than 12 months or where submissions received - to 18 July 2018

321/18 RESOLVED:        (Ainsworth/Jenvey)

That the information contained in the report on Development Applications greater than 12 months or where submissions have been received as at 18 July 2018 be noted by Council.

 

 

MOTION:      (Jenvey/Jones)

 

That Council defer deciding on DA 2018/129 until a Council site inspection has been carried out and call in the Development Application.

 

The motion was lost.

 

 

 

 

 

ITEM 9.5      SF2423              260718      2018 June - Approved Construction and Complying Development Certificates

322/18 RESOLVED:        (Finlayson/Reed)

 

That the Construction and Complying Development Certificates approved for June 2018 be noted and received for information by Council.

 

 

 

 

 

ITEM 9.6      SF2423              260718      2018 June - Development and Complying Development Applications Received

323/18 RESOLVED:        (Finlayson/Reed)

 

That the Development Applications and Complying Development Applications received in June 2018 be received for information.

 

 

 

 

 

ITEM 9.7      SF2422              260718      Minutes of the Nambucca Shire Council Access Committee meeting held 22 May 2018

324/18 RESOLVED:        (Jenvey/Jones)

 

1        That Council staff advise whether the steps/tiered seating at Macksville foreshore are steps or seating and also whether they comply with current standards given that they are uneven and vary in width.

 

2        That Council endorse the minutes of the Nambucca Shire Council Access Committee meeting held 22 May 2018.

 

 

 

ITEM 9.8      SF2422              260718      Minutes of the Nambucca Shire Council Access Committee meeting held 26 June 2018

325/18 RESOLVED:        (Wilson/Jones)

 

1        That Council write to the Nambucca Plaza management to advise that the Access Committee has been made aware of the access issues raised and offers its support or advice if needed. 

 

2        That Council write to the Chambers of Commerce and ask if any Chamber business members are interested in being access-friendly appraised given the benefits to business.

 

3        That Council endorse the minutes of the Nambucca Shire Council Access Committee meeting held 26 June 2018.

 

 

 

 

ITEM 9.9      SF1148              260718      Council Ranger's Report June 2018

326/18 RESOLVED:        (Wilson/Finlayson)

 

That the Council’s Ranger’s report for June 2018 be received and noted by Council.

 

 

 

 


 

Assistant General Manager Corporate Services Report

ITEM 10.1    SF2368              260718      Investment Report to 30 June 2018

327/18 RESOLVED:        (Finlayson/Ainsworth)

 

1        That the Accountants’ Report on Investments placed to 30 June 2018 be noted.

 

2        That an invitation be extended to Imperium Markets to address Council.

 

 

 

 

ITEM 10.2    SF251                260718      Schedule of Council Public Meetings 2018

328/18 RESOLVED:        (Reed/Finlayson)

 

That the schedule of dates for Council meetings in 2018 be noted and received for      information by Council.

 

 

 

ITEM 10.3    SF341                260718      Valla Beach Community Association Committee of Management - Annual General Meeting - 16 July 2018

329/18 RESOLVED:        (Jenvey/Wilson)

 

That Council endorse the minutes of the Valla Beach Community Association Committee of Management Annual General Meeting held on 16 July 2018 and thank the outgoing Committee for their work in the past twelve months.

 

 

 

Assistant General Manager Engineering Services Report

ITEM 11.1    SF1676              260718      2018-19 Capital Works Program Monthly Report

330/18 RESOLVED:        (Ainsworth/Finlayson)

 

That Council receive and note the information pertaining to the 2018/2019 Capital Works Program for July 2018.

 

 

 


Mr Michael Coulter left the meeting before the commencement of this item, the time being 6:22 PM

 

ITEM 11.2    PRF10                260718      Revised Plan of Management Adin Street Reserve Scotts Head

331/18 Resolved:        (Hoban/Reed)

 

That Council disband the Adin Street Reserve Committee of Management as Council has determined that the Reserve is to be used as a detention basin and overflow carparking for peak periods and events as the current Committee believes that there are no opportunities for the Committee to create a vibrant open space.

 

 

332/18 Resolved:        (Hoban/Ainsworth)

 

1        That the current Plan of Management be updated to reflect the disbandment of the Adin Street Reserve Committee of Management.

 

2        That the trees that have already been planted on the embankment for the detention basin be retained where they do not interfere with mowing and maintenance.

 

3        That Council provide assistance if required to the Scotts Head Community Group to remove and relocate the garden bed and mulch to the Buz Brazel park.

 

 

333/18 Resolved:        (Reed/Ainsworth)

 

That Council seek a further report on the ‘Terms of Reference’ for Section 355 Committees of Council.

 

 

Mr Michael Coulter returned to the meeting at the completion of this item, the time being 6:49 PM

 

 

 

ITEM 11.3    SF616                260718      Bulk Street Light Upgrade to LED

334/18 RESOLVED:        (Ainsworth/Reed)

 

1        That Council accept Essential Energy’s offer of upgrading the Category P street lighting to LED’s in conjunction with the planned bulk lamp replacement program at an estimated cost of $357,620, as per option 1.

 

2        That Council use the $158,000 within the restricted reserve for street lighting (Council report 16 May 2012, Item 11.3 Nambucca Shire Emissions Reduction Program (NARP) - Street Lighting Upgrade), for this project.

 

3        That Council applies for a $200,000 low interest loan from either the Clean Energy Finance Corp or through LIRS, to fund the remainder of the expenditure required for the LED lighting upgrade with the repayments of the loan to be offset through the anticipated savings.

 

4        The Council places the savings resulting from the upgrade to LED lighting into a restricted reserve to fund the loan repayments.

 

 

 

 

 

ITEM 11.4    Q019/2018          260718      Q019/2018 Riverside Drive Nambucca Heads Upslope Stabilisation under Tender T008/2016

335/18 RESOLVED:        (Finlayson/Reed)

 

1        That Council accept the quotation from Pan Civil Pty Ltd t/as Pan Civil as a lump sum price for Q019/2018 Upslope Stabilisation – Riverside Drive Nambucca Heads (Project GC-NH-69).

 

2        That Council note the report within confidential.

 

3        That Council update the Contract Register (TRIM: 31325/2016).

 

4        That Council allocate an amount of $44,600 identified as savings from within the Roads to Recovery program and $36,400 from the Regional Roads Block grant to fund the additional $81,000.00 expenditure required to undertake the works.

 

5        That Council reduce the allocation for W2396 Regional Road – Rodeo Drive by $36,400.

 

Upon being put to the meeting, the motion was declared carried.

 

For the Motion:                      Councillors Ainsworth, Ballangarry, Finlayson, Hoban, Jenvey, Jones, Reed, and Wilson

                                             Total (8)

Against the Motion:                Nil

                                             Total (0)

 

 

 

     

COUNCIL IN CLOSED MEETING (CLOSED TO THE PUBLIC)

336/18 RESOLVED:        (Ainsworth/Jenvey)

 

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    SF1549              260718      Incidents Pertaining to Regulatory Non-Compliance, Fines, Penalties, Prosecutions, Potential Major Claims or Loss of Reputation

It is recommended that the Council resolve into closed session with the press and public excluded to allow consideration of this item, as provided for under Section 10A(2) (g) of the Local Government Act, 1993, on the grounds that the report contains advice concerning litigation, or advice that would otherwise be privileged from production in legal proceedings on the ground of legal professional privilege.

 

 

 


For Confidential Business Paper in Closed Meeting

 

ITEM 12.2    Q019/2018          260718      Confidential - Q019/2018 Riverside Drive Nambucca Heads Upslope Stabilisation under Tender T008/2016

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

 

 

 

For Confidential Business Paper in Closed Meeting

ITEM 12.3    SF600                260718      Proposed Sale of Land

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

 

 

 

CLOSED MEETING

 

The Ordinary Council Meeting's Meeting IN CLOSED MEETING commenced at 6.52 pm.

 

RESUME IN OPEN MEETING

337/18 RESOLVED:        (Ainsworth/Wilson)

 

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

 

 

FROM COUNCIL IN CLOSED MEETING

 

General Manager Report

For Confidential Business Paper in Closed Meeting

ITEM 12.1    SF1549              260718      Incidents Pertaining to Regulatory Non-Compliance, Fines, Penalties, Prosecutions, Potential Major Claims or Loss of Reputation

338/18 RESOLVED:        (Ainsworth/Finlayson)

 

That the information concerning incidents pertaining to regulatory non-compliance, fines, penalties, prosecutions, potential major claims or loss of reputation be received.

 

 

 

 


 

For Confidential Business Paper in Closed Meeting

ITEM 12.2    Q019/2018          260718      Confidential - Q019/2018 Riverside Drive Nambucca Heads Upslope Stabilisation under Tender T008/2016

339/18 RESOLVED:        (Finlayson/Ainsworth)

 

That Council accept the quotation submitted from Pan Civil Pty Ltd t/as Pan Civil for Q019/2018 Upslope Stabilisation – Riverside Drive Nambucca Heads for the Lump Sum Price of $320,000.00 GST exclusive.

 

 

 

For Confidential Business Paper in Closed Meeting

ITEM 12.3    SF600                260718      Proposed Sale of Land

340/18 RESOLVED:        (Finlayson/Jones)

 

That Council agree to enter into contracts for the sale of the proposed lot 10 at Hyland Park and the existing Gumma night soil depot for the prices listed in the report.

 

 

 

 

 

 

CLOSURE

 

There being no further business the Mayor then closed the meeting the time being 6.57 pm. 

 

Confirmed and signed by the Mayor on 16 August 2018.

 

 

 

 

Cr Rhonda Hoban

MAYOR

(CHAIRPERSON)

 

     


Ordinary Council Meeting                                                                                                 16 August 2018

Notice of Motion

ITEM 5.1      SF2433            160818         NOTICE OF MOTION - Appointment of Acting General Manager (SF35)

 

AUTHOR/ENQUIRIES:    Rhonda Hoban, Councillor         

 

Summary:

 

Sections 351 and 377 of the Local Government Act 1993 (copies attached) restrict the power to appoint an Acting General Manager to the elected Council. In order to ensure compliance with the Act and avoid the need for extraordinary council meetings or use of the Mayor’s emergency powers, it is recommended that Council provide a resolution to cover  temporary appointments to the position of General Manager in the event that the General Manager is on leave or unavailable to work during the next six months.

 

Section 351 of the Local Government Act 1993 assigns the power to appoint an Acting General Manager to the elected Council. Specifically subsection 351(1) differentiates between the role of council to appoint an Acting General Manager and the role of the General Manager to appoint temporarily to any other position. Furthermore, Section 377(1)(a) of the Act prohibits councils from delegating the power to appoint a General Manager.

 

The two most senior positions in Council other than the General Manager are the Assistant General Manager Engineering Services and the Assistant General Manager Corporate Services. It is logical that these two officers rotate in filling the role of Acting General Manager. However given that the Assistant General Manager Corporate Services was only recently appointed it is recommended that Council allow six months for the Assistant General Manager Corporate Services to become familiar with his new council and community before expecting him to act as General Manager.

 

It is anticipated that at the end of the proposed six month period the council would review the matter and provide a resolution which requires the Assistant General Manager Engineering Services and the Assistant General Manager Corporate Services to rotate in the position of General Manager in the event that the General Manager is on leave or unavailable to work and that the period of effectiveness of the resolution would be extended to twelve months.

 

 

Recommendation:

 

1        That Council appoint the Assistant General Manager Engineering Services to act in the role of General Manager when the General Manager is on leave or unavailable to work between 17 August 2018 and 28 February 2019 inclusive.

 

2        That Council appoint the Assistant General Manager Corporate Services to act in the role of General Manager when both the General Manager and the Assistant General Manager Engineering Services are on leave or unavailable to work between 17 August 2018 and 28 February 2019 inclusive.

 

3        That Council review the appointment of an Acting General Manager in six months.

 

 

 

Sections 351 and 377 of the Local Government Act 1993.

 


 

LOCAL GOVERNMENT ACT 1993 - SECT 351

Temporary appointments

351 Temporary appointments

(1) If a position (including a senior staff position) within the organisation structure of the council is vacant or the holder of such a position is suspended from duty, sick or absent:

(a) the council, in the case of the general manager's position, or

(b) the general manager, in the case of any other position,

may appoint a person to the position temporarily.

(2) A person who is appointed to a position temporarily may not continue in that position:

(a) if the holder of the position is on parental leave--for a period of more than 24 months, or

(b) in any other case--for a period of more than 12 months.

 

 

LOCAL GOVERNMENT ACT 1993 - SECT 377

General power of the council to delegate

377 General power of the council to delegate

(1) A council may, by resolution, delegate to the general manager or any other person or body (not including another employee of the council) any of the functions of the council under this or any other Act, other than the following:

(a) the appointment of a general manager,

(b) the making of a rate,

(c) a determination under section 549 as to the levying of a rate,

(d) the making of a charge,

(e) the fixing of a fee,

(f) the borrowing of money,

(g) the voting of money for expenditure on its works, services or operations,

(h) the compulsory acquisition, purchase, sale, exchange or surrender of any land or other property (but not including the sale of items of plant or equipment),

(i) the acceptance of tenders to provide services currently provided by members of staff of the council,

(j) the adoption of an operational plan under section 405,

(k) the adoption of a financial statement included in an annual financial report,

(l) a decision to classify or reclassify public land under Division 1 of Part 2 of Chapter 6,

(m) the fixing of an amount or rate for the carrying out by the council of work on private land,

(n) the decision to carry out work on private land for an amount that is less than the amount or rate fixed by the council for the carrying out of any such work,

(o) the review of a determination made by the council, and not by a delegate of the council, of an application for approval or an application that may be reviewed under section 82A of the Environmental Planning and Assessment Act 1979 ,

(p) the power of the council to authorise the use of reasonable force for the purpose of gaining entry to premises under section 194,

(q) a decision under section 356 to contribute money or otherwise grant financial assistance to persons,

(r) a decision under section 234 to grant leave of absence to the holder of a civic office,

(s) the making of an application, or the giving of a notice, to the Governor or Minister,

(t) this power of delegation,

(u) any function under this or any other Act that is expressly required to be exercised by resolution of the council.

(1A) Despite subsection (1), a council may delegate its functions relating to the granting of financial assistance if:

(a) the financial assistance is part of a specified program, and

(b) the program is included in the council's draft operational plan for the year in which the financial assistance is proposed to be given, and

(c) the program's proposed budget for that year does not exceed 5 per cent of the council's proposed income from the ordinary rates levied for that year, and

(d) the program applies uniformly to all persons within the council's area or to a significant proportion of all the persons within the council's area.

(2) A council may, by resolution, sub-delegate to the general manager or any other person or body (not including another employee of the council) any function delegated to the council by the Departmental Chief Executive except as provided by the instrument of delegation to the council.

(3) A council may delegate functions to a joint organisation only with the approval, by resolution, of the board of the joint organisation.

 

 

Attachments:

There are no attachments for this report.


Ordinary Council Meeting                                                                                                 16 August 2018

Notice of Motion

ITEM 5.2      SF2433            160818         NOTICE OF MOTION - Review of Mayor, Deputy Mayor and General Manager's Delegations of Authority (SF35)

 

AUTHOR/ENQUIRIES:    Rhonda Hoban, Councillor         

 

Summary:

 

The NSW Local Government Act provides that Council determines the General Manager’s delegations of authority and that the General Manager in turn determines the delegations of authority for Council staff.

 

The delegations require periodic review to take into account changes in legislation and processes.  Whilst the current delegations have had on-going amendment, they have not been reviewed in totality since February 2013. A complete review is timely.

 

 

Recommendation:

 

1        That Council request the Audit Risk and Improvement Committee review the General Manager’s Delegations of Authority giving consideration to Coffs Harbour City Council’s model and present draft delegations to Council for consideration and adoption.

 

2        That Council review the delegations of authority for the Mayor and Deputy Mayor.

 

 

 

Council has discretion in determining the delegations of authority to the General Manager.  The NSW Local Government Act 1993 does prescribe certain matters which the Council cannot delegate. 

 

The delegations of authority need to strike the right balance between allowing the normal administrative business of Council to occur and ensuring that important matters such as policy, finance, budgeting etc. are determined by Council.

 

Under the Local Government Act there are some matters which the Council cannot delegate.  These are set out in Section 377 as follows and largely deal with the separation between administration and policy.

377   General power of the council to delegate

(1) A council may, by resolution, delegate to the general manager or any other person or body (not including another employee of the council) any of the functions of the council under this or any other Act, other than the following:

(a) the appointment of a general manager,

(b) the making of a rate,

(c) a determination under section 549 as to the levying of a rate,

(d) the making of a charge,

(e) the fixing of a fee,

(f) the borrowing of money,

(g) the voting of money for expenditure on its works, services or operations,

(h) the compulsory acquisition, purchase, sale, exchange or surrender of any land or other property (but not including the sale of items of plant or equipment),

(i) the acceptance of tenders to provide services currently provided by members of staff of the council,

(j) the adoption of an operational plan under section 405,

(k) the adoption of a financial statement included in an annual financial report,

(l) a decision to classify or reclassify public land under Division 1 of Part 2 of Chapter 6,

(m) the fixing of an amount or rate for the carrying out by the council of work on private land,

(n) the decision to carry out work on private land for an amount that is less than the amount or rate fixed by the council for the carrying out of any such work,

(o) the review of a determination made by the council, and not by a delegate of the council, of an application for approval or an application that may be reviewed under section 82A of the Environmental Planning and Assessment Act 1979 ,

(p) the power of the council to authorise the use of reasonable force for the purpose of gaining entry to premises under section 194,

(q) a decision under section 356 to contribute money or otherwise grant financial assistance to persons,

(r) a decision under section 234 to grant leave of absence to the holder of a civic office,

(s) the making of an application, or the giving of a notice, to the Governor or Minister,

(t) this power of delegation,

(u) any function under this or any other Act that is expressly required to be exercised by resolution of the council.

(1A) Despite subsection (1), a council may delegate its functions relating to the granting of financial assistance if:

(a) the financial assistance is part of a specified program, and

(b) the program is included in the council's draft operational plan for the year in which the financial assistance is proposed to be given, and

(c) the program's proposed budget for that year does not exceed 5 per cent of the council's proposed income from the ordinary rates levied for that year, and

(d) the program applies uniformly to all persons within the council's area or to a significant proportion of all the persons within the council's area.

(2) A council may, by resolution, sub-delegate to the general manager or any other person or body (not including another employee of the council) any function delegated to the council by the Departmental Chief Executive except as provided by the instrument of delegation to the council.

(3) A council may delegate functions to a joint organisation only with the approval, by resolution, of the board of the joint organisation.

 

The General Manager’s Delegations of Authority (copy attached) were last reviewed by Council on 28 February 2013 however regular amendments have been made to the delegations to other staff. Given that more than five years has elapsed, since Council conducted a review of the delegations to the General Manager, a review is recommended.

 

As Council now has an Audit Risk and Improvement Committee which operates to a degree independently of both the elected Council and Council staff it is recommended that the Committee review the current delegations and recommend draft delegations to Council. As part of the process it is recommended that the Committee consider Coffs Harbour City Council’s approach to delegating authority to the General Manager. As councillors will see from our current delegations, Nambucca Shire Council specifically lists individual items of delegated authority. It is understood that Coffs Harbour City Council’s approach is to delegate all authority but list the exceptions which include those matters that cannot lawfully be delegated under section 377 as listed above and any other matters the Council chooses not to delegate. There may be advantage in adopting this approach as it avoids the possibility of something being “missed” and Council staff acting without delegated authority. This could result in serious legal problems if for example it was determined during a court case that a council officer acting in a compliance role did not have delegated authority to exercise a particular function of Council.

Attachments:

1

31461/2016 - General Manager's Delegations of Authority / Delegations Register  - 27 October 2017 update

 

  


Ordinary Council Meeting - 16 August 2018

NOTICE OF MOTION - Review of Mayor, Deputy Mayor and General Manager's Delegations of Authority (SF35)

 

 

GENERAL MANAGER'S

DELEGATIONS OF AUTHORITY

 

3 November 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
Updated 27/10/2017 with expenditure delegations to Site Leader Structures and Concreter
Updated 3/11/2017 with expenditure delegations to Senior Community Development Officer, Site Leaders Green Space, Electrician, Business Services Officer
 

 

 

 

 

 

 

 

 

 


                                                                                      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 Development & Environment

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

Site Leader Structures – Malcolm Brown

Concreter – Lucas Unterrheiner

Senior Community Development Officer – Naj Hadzic

Site Leader Green Space – Keegan Noble

Site Leader Green Space – Manus Noble

Electrician – Terry Newley

Business Services Officer – Candice Lopez

 

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

 

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 Development & Environment

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 Development & Environment


 

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 Development & Environment

 

 

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 Development & Environment

 

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 Development & Environment

 

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 Development & Environment

 

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 Development & Environment

 

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 Development & Environment

 

 

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 Development & Environment

 

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 Development & Environment

 

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 Development & Environment

 

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 Development & Environment

 

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 Development & Environment

 

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 Development & Environment

 

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 Development & Environment

 

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                                                                                                 16 August 2018

General Manager

ITEM 9.1      SF959              160818         Outstanding Actions and Reports

 

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

 

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

AUGUST 2015

1

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.

 

22/3/17 - AGMES has contacted Forestry and a further meeting to be arranged to consider sites for offset forestry.

 

8/8/18 – It is proposed to report to next Council meeting on a compulsory acquisition of land given that there has been adverse response from Forestry NSW.

 

OCTOBER 2015

2

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

 

4/12/17 – awaiting effect of highway closure.

 

10/1/18 – Will be reported to Council in February.

 

31/1/18 – Pending negotiations with the RMS on the highway handover.

 

4/4/18 – Comments provided to rms on a review of traffic light phasing and also permitting left turns on red.

 


 

JANUARY 2017

3

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

15/5/17 – 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.

 

01/6/17 – Housekeeping amendment planned to be finalised by end of 2017.

 

11/1/18 – Flora and Fauna report completed. Item removed from subject planning proposal to prevent delay in finalisation of housekeeping amendments.  It will be included in upcoming planning proposal to be presented to Council in 2018.

 

MARCH 2017

4

SF2230

16/03/17

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

 

AGMCS

18/3/17 – Report late 2017

 

06/12/17 – Report to be presented in 2018 following receipt of draft IWCMP.

 

5/4/18 – GM has followed up unacceptable delays in the review of the IWCM.

 

09/05/18 Issues paper received and workshop to be organised.

 

6/6/18 – Public Works have provided a timetable for the completion of the IWCM being:

·    Final Issues Paper – 30/4/18

·    Complete VGA water & sewer analysis 4/5/18

·    Complete Macksville sewer model & issue draft report 4/5/18

·    Issue draft scenario analysis 25/5/18

·    Council review scenario analysis 31/5/18

·    Complete financial  planning 29/6/18

·    Prepare draft IWCM Strategy 13/7/18

 

18/7/18 – An IWCM strategy Workshop is scheduled for 16 August 2018 11.00am – 3.00pm.

 

MAY 2017

5

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

31/5/17 – Report in October 2017

 

18/10/17 - Deferred to December due to workload.

 

06/12/17 - Deferred to 2018 due to workload.

 

 

 


 

JUNE 2017

6

SF2290

15/06/17

That Council revise the Plan of Management for Gordon Park in consultation with the Section 355 Committee of Management.

 

GM

Report in November 2017.

 

22/11/17 - Deferred to January 2018 due to workload.

 

10/01/18 – CSPNR on leave.  Will need to be deferred to Feb/March 2018.

 

4/4/18 – Draft Plan and REF complete.  Section 355 Committee to be consulted and the matter reported back to Council by June 2018.

 

21/6/18 – A flying fox camp plan of management has been prepared as well as a vegetation management plan and a review of environmental factors for maintaining the vegetation around the tennis courts.  Together with the works undertaken as part of the estuary plan, these adopted plans will be the only substantive change to the Plan of Management.  The process of advertising these revisions to the Plan of Management is likely to result in the flying fox issue being revisited, a potentially unproductive outcome.  I would recommend that Council rethink this resolution otherwise I will need to attend to it myself when time permits.

 

SEPTEMBER 2017

7

SF2293

28/09/17

Council approach the Hon Melinda Pavey and request that the control of Casey Drive be handed to Council and further that Minister be asked to reconsider handing control of the Soccer field adjacent to Casey Drive at no cost.

 

GM

04/10/17 – Pending

 

31/10/17 – further representations made to the Member for Oxley and Minister for Roads, Maritime and Freight.

 

24/5/18 - GM followed up

 

8/8/18 – An officer from the Valuer General telephoned the gm and advised that they are going to review the base rate valuation.

 

OCTOBER 2017

8

SF2329

26/10/17

There be a report on amending Council’s policy on Urban and Rural Road Naming to incorporate the recommendation of the Business Advisory Committee for dual road naming.

 

AGMES

7/11/2017 - Policy to be reviewed and reported back to Council in March 2018 with other policy reviews.

 

4/4/18 – Report to May 2018 meeting.

 

23/5/18 - Draft Review in June 2018

 

8/8/18 – Temporarily delayed and will be provided at the end of August  pending a review of the flow chart that sits behind the policy and confirmation on the process required to obtain the Aboriginal translation and compliance with the Geographical Names Board

 


 

JANUARY 2018

9

SF979

18/1/18

(Great Koala National Park) That if and when further information relating to the KPMG report, State Labor Policy or a transition package come forward, they be reported to Council.

 

GM

Awaiting further information.

 

18/7/18 – The matter was considered by the Valla Beach Community Association at their meeting on 16 July 2018 it was resolved to advise Council that the VBCA supports the GKNP in principle, and that the VBCA make available to Council further information re the practicalities involved, when to hand, from the National Parks Association of NSW, who originally proposed the GKNP.

 

APRIL 2018

10

PRF45

12/4/18

That Council investigate the possibility of overnight stays on the downside of the Macksville Bridge (northern side) and at western end of Crosswinds Wetland Nature Reserve.

 

GM

18/04/18 - Report being prepared for September 2018 meeting.

11

PRF10

12/4/18

That Council research and develop an alternate car park strategy in the location of the Adin Street precinct.

 

AGMES

18/4/18- Report being prepared for September 2018 meeting.

 

 

12

SF1981

12/4/18

That Council makes representation to the Minister for Roads to fund a new bridge at Browns Crossing to protect Council Infrastructure from flood damage and allow residents flood free access emanating from the Pacific Highway upgrade.

 

AGMES

16/4/18 – Letter sent Friday 13 April 2018

 

8/8/18 – Response from the Minister – (28649/2018)  attached.

13

SF2456

12/4/18

Submission to Safe and Secure Water Program for funding of a design and construct contract for the installation of the required infrastructure (water treatment plant).

AGMES

18/4/18 - Submission to be drafted for funding.

 

9/5/18 – A submission has been lodged for funding and an Options Report which is expected to be considered by DPI-Water in May 2018.

14

T012/2017

12/4/18

That Council make representation to the Member of Oxley seeking her support for reconsideration of additional grant funding consistent with 50% contribution of the project (for Bowraville STP effluent treatment)

AGMES

18/4/18 Letter sent 20/04/18.

 

09/05/18 – General Manager has spoken to Melinda Pavey’s office and is assisting them with their representations.

 

 

15

SF2303

12/4/18

That a further report to Council on actions arising out of the Review of the Capacity of the Finance Section report, “An Internal Review of the Capacity of the Finance Section to meet operational requirements.

 

AGMCS

18/4/18 - Awaiting appointment of new AGMCS.

2/8/18 AGMCS currently assessing the Report and consulting finance staff members.

 

MAY 2018

16

SF600

17/5/18

Council work with the Flanders Family and Crown Lands to assist the family in further progressing this claim (for land at Grassy Road)

 

GM

23/5/18 - Letter sent to Crown Lands on 22 May 2018.  The letter seeks their advice as to how to progress the transfer of land to Lesley Flanders.

 

2/7/18 – GM followed up letter sent to Crown Lands on 22 May 2018.

 

4/4/18 – Ms Anne Gillin has been requested to provide a plan of the land that Ms Flanders seeks to be transferred to enable Council proceed with a road closure.  Council’s Surveyor advised that once Council closes a section of the road it will invest in the Crown Lands and will have to be purchased by Council to be transferred to Ms Flanders.

 

17

SF2459

17/5/18

Outcome of negotiations re raising dwellings at 8 & 14 High Street, Bowraville or otherwise getting agreement be reported back to Council as soon as possible.

 

AGMES

23/5/18 - Report to Council in September 2018.

18

SF2460

17/4/18

Council defer any decision on regulating horticulture in RU1 and RU2 until the outcome of a similar proposal put forward by Bellingen Council is determined by the Minister.

 

GM

20/5/18 – will track progress of Bellingen’s Planning Proposal and report on any developments.

19

SF941

31/5/18

Consideration of the 12 undertakings re the VIC be deferred (Cr Wilson absent)

 

GM

6/6/18 - Will report at conclusion of exhibition of draft Strategic Tourism Plan.

20

SF1031

31/5/18

Staff report to Council once exhibition of the draft amendment to the Companion Animals Policy is completed.

 

GM

6/6/18 – report in August 2018

21

SF1031

31/5/18

There be a report to Council following the closing of the exhibition period (for the Review of Draft Beach Management Policy).

 

AGMES

6/6/18 – report by September 2018

JUNE 2018

22

SF2468

28/6/18

Council advertise a Draft Plan of Management for Lot 2 DP 101698 McKay Street Macksville.

 

GM

30/6/18 – report in October 2018

23

SF1437

28/6/18

Renewal of lease for the Golf Club – Stuart Island.

 

GM

2/7/18 – President of the Club has been contacted to arrange a meeting between representatives of the Board and Council (Mayor, GM, MBD).

 

4/7/18 - Mayor and GM meeting with Golf Club Board Friday 6 July 2018.

 

15/7/18 – NTS Corp requested to advise of availability of Native Title claimants to meet with Golf Club and also provide information on basis of compensation claim.

 

18/7/18 – That Council has been advised by the Crown Lands that they have a Ministerial and are going to issue a new Lease.  Council has not been advised as to the term.

 

Written advice is being sought from Crown Lands to as who is the responsible person for the Lease.

 

24

SF2453

28/6/18

Report on timed parking for Macksville and shared traffic zone for River Street Macksville.

 

AGMES

30/6/18 – report to October 2018

JULY 2018

25

SF46

12/7/18

Council defer consideration of a memorial wall until a further report is received which considers in detail the plans submitted by Rupert Milne Holme including indicative costings and potential sources of funding.

Further that there be consultation with LALCs and Native Title claimants.

 

GM

15/7/18 – report in September 2018

26

PRF47

12/7/18

Council review the Master Plan for Dawkins Park including the possibility of providing a footbridge to the islands and Ibis management by Council staff.

 

GM

15/7/18 – report in September 2018

27

SF2422

26/07/18

Council staff advise whether the steps/tiered seating at Macksville foreshore are steps or seating and whether they comply with current standards given they are uneven and vary in width.

 

AGMES

8/8/18 – Under investigation to be reported in September 2018.

28

SF2368

26/07/18

That an invitation be extended to Imperium Markets to address Council.

 

AGMCS

2/8/18 – invitation extended and accepted to present to the 16 August Council meeting.

29

PRF10

26/07/18

Council seek a further report on the terms of reference for Section 355 Committees of Council.

 

AGMCS

2/8/18 – report to August Meeting.

Attachments:

1

28649/2018 - Response from Melinda Pavey MP regarding flooding impact on Browns Crossing Road following the Pacific Highway upgrade

 

 

 


Ordinary Council Meeting - 16 August 2018

Outstanding Actions and Reports

 


Ordinary Council Meeting                                                                                                 16 August 2018

General Manager

ITEM 9.2      SF600              160818         Request by Lesley Flanders to Purchase Land West of the Bowraville Racecourse

 

AUTHOR/ENQUIRIES:    Michael Coulter, General Manager         

 

Summary:

 

Ms Lesley Flanders has requested that she and her family be provided with title to land immediately to the west of the Bowraville racecourse.  She requests this because it is a very sacred place to the Flanders family culturally, spiritually as well as historically.

 

The land is an unused section of the Grassy Road reservation which she maintains has been the home of the Flanders family since 1922.  In or about the 1960’s, there were three houses on the land, occupied by the Donovan, Kelly and Flanders’ families, who were direct descendants of John Flanders (grandfather).  The families raised their children on the land.  In 1977 a flood destroyed the houses.  The family did not have the money to pay for the repairs.  Thereafter, Lesley’s mother lived in a caravan on the land until approximately 1983 when she became too ill to stay on the property.

 

Lesley’s mother was the last member of her family to reside on the land.  A nephew, Michael Flanders (son of Christine) also resided on the land until the early 1980’s.

 

 

Recommendation:

 

1        That Council undertake the process to close the section of road shown on the attached plan and obtain the title to that land.

 

2        That Council’s Surveyor advise Ms Flanders when he intends to be on site so that she may attend and know “first-hand” the boundaries of the land.

 

3        That Ms Flanders be advised of Council’s actions and that she will need to meet Council’s out of pocket costs in creating the title and transferring the land.

 

 

OPTIONS:

 

Options and a recommendation in relation to the matter have been previously reported to Council.  As the Council did not accept the previous recommendation it will not be revisited in this report.

 

Council has the option of seeking some security for the costs which will be incurred in the closure of the road and the creation of a title to the land.  This has not been included in the recommendation as it is arguably contrary to the resolution, “that Council work with the Flanders family and Crown Lands to assist the family in further progressing this claim”.

 

 

DISCUSSION:

 

This matter was considered by Council at its meeting on 17 May 2018 and it was resolved:

 

1        That Council recognise the significance of the Grassy Road, Bowraville site near the racecourse to the Flanders descendants and acknowledge previous attempts by the Flanders ancestors to acquire the land as outlined in the report to Council.

 

2        That Council note:

 

·           The long generations connection the family has with this site

·           The actions taken previously by the family to acquire the site

·           The support given to Ms Lesley Flanders by Elders, some of whom were born on this site

·           The spiritual significance of the site to the descendants.

 

3        That Council work with the Flanders family and Crown Lands to assist the family in further progressing this claim.

 

4        That Ms Lesley Flanders, Mr David Shoebridge MLC and Ms Anne Gillin of Nambucca Valley Legal be advised of advised of Council’s decision.

 

On 26 June 2018 the Council received a request from Nambucca Valley Legal on behalf of Lesley Flanders that she be provided with permission to enter the land to undertake maintenance including mowing and clearing.  Advice was sought as to whether Council consented to Ms Flanders accessing the land for this purpose.

 

The General Manager then made enquiries with an officer from Crown Lands who advised that pursuant to changes to the Road Act 1993 the Council is able to close roads under their control.  Advice was sought as to whether the closed road would vest in Council or the Crown but the officer was unable to say.

 

Council’s Surveyor has advised that he believes the section of road to be closed will likely vest in the Crown when the title is created.  The Council would then need to acquire it and pay the relevant fees to be in a position to transfer it to Ms Flanders.  Presumably Council would be seeking Ms Flanders reimburse Council for those costs.

 

In terms of progressing the matter, Nambucca Valley Legal have been advised that the General Manager will seek a resolution for a road closure and undertake the advertising and reporting on that and then proceed to acquire the title (if required).

 

Nambucca Valley Legal was requested to provide a plan showing the land sought to be transferred to Ms Flanders and this is shown attached.

 

In relation to Ms Flanders undertaking some maintenance of the land and Council providing consent for same, Council’s Safety and Risk Officer has advised that he is not supportive of consent being provided because Lesley or any person undertaking work on her behalf is unlikely to be covered by any of Council’s insurances in relation to public liability, personal accident or as a volunteer.

 

In terms of Council’s resolution, “to work with the Flanders family and Crown Lands to assist the family in further progressing this claim”, it is recommended that Council proceed to close the section of road shown in the attached plan and obtain the title to that land.

 

Nambucca Valley Legal has also requested Council’s Surveyor notify Ms Flanders when he intends to be on-site, presumably so that she can be made aware of the boundaries of the land as per the attached plan.  There is no objection to this.

 

 

CONSULTATION:

 

There has been consultation with Ms Anne Gillin from Nambucca Valley Legal on behalf of Ms Lesley Flanders.

 

There has been consultation with Crown Lands and Council’s Surveyor.

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

At this stage there are no implications for the environment.

 

Social

 

The social implications are discussed in the report.

 

Economic

 

There are no significant economic implications.

 

Risk

 

The risk issues were outlined in the report to Council’s meeting on 17 May 2018.  Besides the risks noted in that report the recommendation poses additional financial risks being the reimbursement of Council’s costs in closing a section of the road and creating a title to the land.

 

There is also a risk in relation to managing expectations.  The resolution that, “Council work with the Flanders family and Crown Lands to assist the family in further progressing this claim” is relatively open ended as to the level of assistance to be provided.  There may be different interpretations as to the assistance to be provided.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

There is no budgetary provision for this work.  It has been suggested that Ms Flanders will reimburse Council for these costs which will be known when the title is created in Council’s favour.  The Council could seek some security in relation to its costs now or defer consideration of costs until the Council is in possession of the title by which time they will have been paid.

 

Source of fund and any variance to working funds

 

The Council will incur costs in the process of closing the road which has to be advertised and reported on.  The Council is then likely to incur further costs in obtaining the title to the land.

 

Service level changes and resourcing/staff implications

 

There is a reasonable amount of staff work required to process the road closure application and create a title to the land.

 

Attachments:

1

27361/2018 - Flanders - land parcel

 

  


Ordinary Council Meeting - 16 August 2018

Request by Lesley Flanders to Purchase Land West of the Bowraville Racecourse

 


Ordinary Council Meeting                                                                                                 16 August 2018

General Manager's Report

ITEM 9.3      SF731              160818         Final Nambucca Regional Economic Development Strategy 2022

 

AUTHOR/ENQUIRIES:    Michael Coulter, General Manager         

 

Summary:

 

The NSW Government has assisted local councils and their communities to develop 37 Regional Economic Development Strategies across regional NSW.  Each strategy is designed around one or more local government areas that form a functional economic region as defined by economic data and community input.

 

The NSW Government determined that this local government area was a functional economic region and as a consequence this draft regional economic development strategy is specific to the Nambucca Valley whereas Coffs Harbour and Bellingen have been combined for the preparation of a single strategy for both local government areas and Port Macquarie-Hastings and Kempsey Councils likewise.

 

The Council has now received a final draft Nambucca Shire Regional Economic Development Strategy 2022 prepared by the firm Corview.

 

 

Recommendation:

 

That Council note and endorse the final draft of the Nambucca Shire Regional Economic Development Strategy.

 

 

OPTIONS:

 

The Council can make comment on the draft Nambucca Regional Economic Development Strategy as it sees fit.

 

 

DISCUSSION:

 

The draft Nambucca Regional Economic Development Strategy 2018-2022 was reported to Council’s meeting on 17 May 2018 and it was resolved:

 

1.       Council advise Corview in terms of the comments provided in this report plus any additional comments the Council seeks consideration of.

 

2.       That Council formally thank the Department of Premier and Cabinet for the funding and support provided for the development of the Regional Economic Development Strategy.

 

On 23 July the Council was provided with a copy of the final draft Strategy.

 

The Strategy has been structured into two documents.  The Nambucca Regional Economic Development Strategy 2018-2022 summarises the Strategy and allows the reader to quickly and easily determine key content.  The accompanying Nambucca Regional Economic Development Strategy Supporting Analysis 2018-2022 includes the evidence on which the strategy is based, and describes the development process including community consultations.

 

Given the length of both documents the Strategy and the supporting Analysis have been posted to the hub.

 

Council has been advised that the documents are now in the final stages of production and have been reviewed by the Office of Regional Development staff and the Centre for Economic and Regional Development (CERD) Expert Panel.  The strategy has been provided to council prior to finalisation.  Given the Strategy has already undergone extensive consultation and review Council has been requested to limit its feedback to factual corrections or edits.  The deadline for feedback is Friday 3 August which is before this meeting.  The Centre for Economic and Regional Development has been referred to Council’s previous feedback.

 

After Friday 3 August the Strategy will be published onto the Centre for Economic and Regional Development website and lodged with Infrastructure NSW to support council applications to the NSW Government’s Growing Local Economies (GLE) Fund.  In relation to this the General Manager finished and submitted the business case for the Valla Employment Lands on 30 July 2018.  The business case which was prepared with the assistance of Corview is seeking $8.2m to support the creation of 7.74 hectares of employment land which should in turn provide an estimated 75-125 extra jobs.

 

The report notes that for a region (LGA) with a relatively small population base, the degree of economic diversification is relatively unusual.  In part, this reflects the success of the LGA in developing an emerging specialisation in manufacturing and the impact of the Pacific Highway program on local engineering construction activity.

 

The Strategy identifies four key strategic imperatives being:

 

1.  Enable the Growth of the Manufacturing Cluster by Increasing the Supply of Industrial Land

 

Strategic Opportunities

Early Stage Actions

Candidate Projects

Activate new serviced industrial land

 

Increase employment opportunities in the region

 

Sustain new approaches to partnership within the private sector

 

Develop a business case for developing services Employment Lands (Industrial Precinct) in Valla Growth Area

 

Continue to engage and work with industry in developing proposals for new industrial land (such as Valla Employment Lands)

 

Valla Growth Area Employment Lands

 

 

2.  Develop a Vehicle Body Manufacturing Cluster Plan

 

Strategic Opportunities

Early Stage Actions

Candidate Projects

Leverage Nambucca’s vehicle body manufacturing cluster to train local job seekers

 

Align training courses to meet local industry needs and increase investment

 

 

Develop the supply chain network to support local manufacturing industries

 

Partner with local industries and training providers to review training gaps and align training courses to local industry needs

 

Vehicle Body Manufacturing Cluster Plan

 

Joint Nambucca Shire, education provider, and private industry Taskforce to identify skills needs and training facilities

 

 

3.  Protect and Enhance the Region’s Endowments Supporting Tourism and Agriculture

 

Strategic Opportunities

Early Stage Actions

Candidate Projects

Derive economic benefits from Nambucca’s proximity to markets north and south

 

Improve mobility and reduce transport costs through an integrated local road network within Nambucca Shire

 

Further develop the regions “Clean and Green” image for the agribusiness and tourism sectors

 

Leverage Nambucca River’s amenity

 

Engage with the Aboriginal community to improve access to economic opportunity

 

Advocate for service improvements to improve connectivity between Regional Cities and Centres (Coffs Harbour & Port Macquarie)

 

Identify, cost and prioritise options for “first mile” and “last mile” connections to arterial roads

 

Leverage Nambucca Shire’s “Clean and Green” brand image to enhance its visitor economy

 

Review and determine the next steps for the Nambucca River Master Plan and develop a program business case

 

Provide greater access to and awareness of indigenous and environmental heritage

 

Identify indigenous business and employment opportunities in consultation with the Aboriginal community and industry leaders

 

Business case for “First Mile” and “Last Mile” Roads Network Integration

 

Lanes Bridge replacement

 

Nambucca Tourism and Agribusiness Branding Strategy

 

Nambucca River investment program

 

Community Events Festival Strategy

 

Macksville CBD Beautification Plan

 

New Macksville Hospital

 

Implementation of foreshore and public art projects in Nambucca Heads

 

 

4.  Facilitate Population Growth to Expand the Shire’s Internal Markets

 

Strategic Opportunities

Early Stage Actions

Candidate Projects

Attract and retain families and workers by:

 

·    Matching school infrastructure services

·    Offering a diverse and accessible supply of housing

·    Embracing and celebrating Nambucca’s indigenous and environmental heritage

 

Accommodate and attract an aging population through an appropriately resourced Macksville hospital

 

Resolve “first mover” disadvantage of incurring enabling infrastructure costs

 

Improve the attractiveness of Nambucca to business through high capacity digital connections.

 

Pursue new forms of partnership with the State and Federal Governments

Work with the Department of Education to identify school asset opportunities to provide contemporary, future focussed learning spaces.

 

Collaborate with NSW Health to prepare a Road Map to address regional health care service delivery gaps.

 

Develop a First Mover Infrastructure Program to provide enabling greenfield (residential land) infrastructure.

 

In collaboration with the private sector, audit digital connectivity blackspots across the region.

 

Pursue a City Deal in partnership with neighbouring Regions.

First Mover Infrastructure Program.

 

Secure an agreement to locate a Senior Technical College in the Valla Growth Area.

 

Provision of infrastructure for the new Macksville Hospital.

 

Upgrade to Bowraville Sewerage Treatment Plant.

 

Nambucca Water Treatment Plan.

 

The Strategy provides that the General Manager will meet regularly to track progress and liaise with the Regional Director, North Coast, NSW Department of Premier and Cabinet.  These meetings could also be used to check the Strategy’s progress and review against current grant opportunities.

 

After two years it is proposed there be a formal review of the Action Plan and associated governance processes, producing a brief report card to be published as an addendum to the Regional Economic Development Strategy.

 

This will also provide an opportunity to update the Action Plan for new or modified actions in view of key economic, social, environmental and policy changes.

 

 

CONSULTATION:

 

The preparation of the Regional Economic Development Strategy (REDS) has been the subject of extensive consultation.

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

A number of initiatives in the strategy do have implications for the environment.

 

Social

 

The strategy initiatives have social implications.

 

Economic

 

The primary focus for the strategy is on improving economic outcomes.

 

Risk

 

There are risks associated with the Strategy.  The risks principally relate to the selected strategies providing the best cost/benefit to the community in terms of achieving the triple bottom line (environmental, social and economic) returns.

 

However the data provided in the Strategy together with the outcome of the consultation process provides more confidence in relation to the development of those strategies that will produce the best returns.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

At this stage the draft strategy has no budgetary implications.

 

Source of fund and any variance to working funds

 

At this stage the draft strategy has no implications for working funds.

 

Service level changes and resourcing/staff implications

 

At this stage there are no significant service level implications.

 

Attachments:

There are no attachments for this report.  


Ordinary Council Meeting                                                                                                 16 August 2018

General Manager's Report

ITEM 9.4      SF621              160818         Notification of Aboriginal Land Claim No. 45864

 

AUTHOR/ENQUIRIES:    Michael Coulter, General Manager         

 

Summary:

 

A summary is not required.

 

 

Recommendation:

 

That Council advise and provide relevant evidence to the Department of Industry – Lands and Forestry, Aboriginal Land Claim Investigation Unit (ALCIU) that the land the subject of Claim no. 45864 is used for the essential public purpose of a drainage reserve.

 

 

OPTIONS:

 

The Council can make representations to the ALCIU if the Council holds an interest in any of the claimed land that demonstrates at around the time of the claim the land was lawfully used or occupied or needed or likely to be needed for an essential public purpose.

 

 

DISCUSSION:

 

The Department of Industry – Lands has notified Council of the registration of one (1) new Aboriginal land claims by the NSW Aboriginal Land Council.

 

Lodging of an Aboriginal land claim creates an interest in the land. 

 

The Department of Industry – Lands is seeking information from Council as to whether or not it holds any interest in any of the claimed land.  If the Council holds an interest then the Department is seeking evidence which demonstrates that around the date of the claim the land was”

 

·           Lawfully used or occupied

·           Needed or likely to be needed for an essential public purpose.

 

Alternatively if Council has no interest in the claimed land it is requested that Council advise the Department of such in which case the Council will not be further referenced.

 

The land the subject of the claims together with commentary in relation to Council’s potential interest (if any) is as follows:

 

Claim no. 45864 – Lot 7300 DP 1132718, West Street, Nambucca Heads

 

The land is shown on the attached plan.  It has an area of approximately 4,600m2.

 

On Council’s property register the land is described as the “West Street Public Reserve Bushland – Crown Reserve 75538”.  It has a classification of “community land – care and control” and there is no plan of management.  Council was originally appointed as trustee of the Crown Land in the Government Gazette of 6 March 1953 and pursuant to the recent Crown Land “reforms” the Reserve Trust name was assigned on 18 May 2018.

 

Notwithstanding the description of the land as a “public reserve bushland” it is for all practical purposes a drainage reserve with a large volume of stormwater from the upstream catchment passing through the land both as overland flow and through low flow pipes.  Evidence of the land’s function as a drainage reserve is shown on the attached plans showing stormwater and sewerage pipes.

 

 

CONSULTATION:

 

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

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are no implications for the environment.

 

Social

 

With the exception of the proposed retention of the Argents Hill cemetery there appear to be no significant social implications.

 

Economic

 

There are no significant economic implications.

 

Risk

 

There are no significant risks.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

There is no budgetary impact.

 

Working funds – justification for urgency and cumulative impact

 

There is no impact on working funds.

 

Service level changes and resourcing/staff implications

 

There are no service level implications.

 

Attachments:

1

29136/2018 - Aboriginal Land Claim 45864 Aerial Cadastral

 

2

29133/2018 - Aboriginal Land Claim 45864 Stormwater

 

3

29135/2018 - Aboriginal Land Claim 45864 Sewer

 

  


Ordinary Council Meeting - 16 August 2018

Notification of Aboriginal Land Claim No. 45864

 


Ordinary Council Meeting - 16 August 2018

Notification of Aboriginal Land Claim No. 45864

 


Ordinary Council Meeting - 16 August 2018

Notification of Aboriginal Land Claim No. 45864

 


Ordinary Council Meeting                                                                                                 16 August 2018

General Manager's Report

ITEM 9.5      SF980              160818         Mid North Coast Childhood Obesity Prevention and Management Action Plan July 2018 - June 2023

 

AUTHOR/ENQUIRIES:    Michael Coulter, General Manager         

 

Summary:

 

A summary is not required.

 

 

Recommendation:

 

That Council note the outcomes of the Mid North Coast Childhood Obesity Prevention and Management Action Plan July 2018 – June 2023 and include consideration of those matters listed for the consideration by local government in the next review of Council’s Community Strategic Plan.

 

 

OPTIONS:

 

The Council has a range of options from direct action and involvement in childhood obesity prevention through to assisting or collaborating to improve outcomes as per the Action Plan’s recommendations or taking no action.

 

 

DISCUSSION:

 

Council has received the attached letter from Mrs Janine Reed, Chair of the Healthy Communities Mid North Coast (HCMNC) which is an initiative of the Mid North Coast Local Health District and was established in early 2017 in an effort to develop a regional leadership model for preventive health and to stimulate direct engagement with communities in relation to preventive health initiatives.

 

Last year, HCMNC hosted the Mid North Coast Regional Obesity Summit:  Healthy Children and Young People in Port Macquarie.  During the Summit representatives from partner agencies came together to develop a range of strategies to address childhood obesity across the Mid North Coast.  Those strategies were refined in consultation and incorporated in to the Mid North Coast Childhood Obesity Prevention and Management Plan 2018 – 2023 which can be viewed on the business paper hub.

 

The Chair’s letter advises that the HCMNC is particularly keen to work with the Local Government sector and it is worth noting that NSW Health has recently indicated a strong willingness to strengthen engagement with local government to assist in the development of proposals that can address active travel, active play infrastructure and liveable communities.

 

The overarching purpose and scope of the plan is to address the NSW Premier’s Priority to reduce childhood overweight and obesity rates by 5% by 2025.

 

In 2015, more than one in five children on the Mid North Coast were overweight or obese, and there are areas on the Mid North Coast that have obesity rates higher than the NSW average.  According to the Action Plan Australian children obtain more than one third of their kilojoules from junk food and sugary drinks.

 

The Action Plan notes that childhood obesity is a complex health, social and economic issue that cannot be solved by the health system alone.  Only a whole-of-government approach, with a broad range of policies and actions, will reverse childhood overweight and obesity trends.

 

The Action Plan identifies a number of strategic actions where councils can be involved as delivery partners.  These are:

 

5.8     Support Local Government sector to identify (and) integrate Healthy Eating Active Living (HEAL) principles in Council Community Strategic Plans

 

5.9     Conduct strategic workshops for Local Government sector to increase knowledge of healthy built environments which promote Healthy Eating Active Living (HEAL)

 

5.10   Identify and encourage/facilitate access to suitable locations for activities (including local school grounds, Land Councils, community and cultural facilities, community sporting fields and open community spaces)

 

5.11   Progressively audit built environments to identify required improvements to amenability (well-lit areas, undercover spaces, clean and usable facilities) to increase the probability of physical activity in community spaces utilised predominantly be children and families.

 

CONSULTATION:

 

There has been no consultation in the preparation of this report.

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are no significant implications for the environment.

 

Social

 

In the recent State Government “Restart NSW” grant programs the Council has prioritised the improvement of its sporting infrastructure.  There will be very significant expenditure in upgrading most of Council’s active sporting venues over the next 12 months.

 

Improving childhood health will reduce the public health cost of preventative diseases in the future.

 

Economic

 

The recommendation has no significant economic impacts.

 

Risk

 

There are no significant risks.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

At this stage there is no budgetary impact.

 

Working funds – justification for urgency and cumulative impact

 

There is no impact on working funds.

 

Service level changes and resourcing/staff implications

 

There are no significant service level or resourcing/staff implications.

 

Attachments:

1

28540/2018 - Healthy Communities Mid North Coast Update August 2018_GM_NSC

 

  


Ordinary Council Meeting - 16 August 2018

Mid North Coast Childhood Obesity Prevention and Management Action Plan July 2018 - June 2023

 


Ordinary Council Meeting                                                                                                 16 August 2018

General Manager's Report

ITEM 9.6      SF2329            160818         Provision of a Mural in Bowraville

 

AUTHOR/ENQUIRIES:    Michael Coulter, General Manager         

 

Summary:

 

A summary is not required.

 

 

Recommendation:

 

That Council provide funding of $3,450 to the Bowraville Chamber of Commerce and Industry Inc. for the provision of a mural in High Street, Bowraville subject to the Chamber undertaking the necessary project management and providing graffiti protection.

 

 

OPTIONS:

 

The Council has the option of not providing the funding or placing conditions on its expenditure.

 

 

DISCUSSION:

 

At Council’s meeting on 12 April 2018 it was resolved to:

 

“… thank the Nambucca Heads and Valla and Bowraville Chambers of Commerce for their expressions of interest (in murals) and advise the Chambers that Council would be pleased to consider any specific project to an equivalent sum (as provided for Macksville) to improve the amenity of Nambucca Heads and Bowraville.”

 

The Council has now received a proposal from the Bowraville Chamber of Commerce and Industry Inc. for a Gumbaynggirr spray painted mural design and installation on the fence behind the bus stop in High Street, Bowraville.  The quotation from Gumbaynggirr artist Brentyn Lugnan is for $3,450.

 

The Chamber’s representative has confirmed that the owner of the fence is agreeable to the proposed mural.  Consistent with Council’s resolution of 12 April it is recommended that Council provide the Bowraville Chamber of Commerce and Industry Inc. with $3,450 to pay for the proposed mural on the basis that they will undertake the necessary project management and provide graffiti protection.

 

 

CONSULTATION:

 

There has been consultation with the Bowraville Chamber of Commerce and Industry Inc.

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are no implications for the environment.

 

Social

 

The provision of the murals in Wallace Lane, Macksville has been well received and there is no reason why a mural in High Street should not add some interest and colour to the main street.

 

Economic

 

There are no economic implications.

Risk

 

There are no significant risks.

 

It should be noted that the artists who are providing the murals in Wallace Lane, Macksville have donated their labour with Council paying for the cost of materials and equipment only.  This allows a much more extensive artistic outcome for the expenditure than would otherwise be the case.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

No provision was made in Council’s 2018-19 budget for murals so the cost will need to be met from working funds.

 

Working funds – justification for urgency and cumulative impact

 

The $3,450 cost of the mural will need to be met from working funds.

 

Service level changes and resourcing/staff implications

 

If the Bowraville Chamber of Commerce and Industry Inc. is able to undertake the project management for the mural there is no significant impact on staff resources.

 

Attachments:

There are no attachments for this report.  


Ordinary Council Meeting                                                                                                 16 August 2018

General Manager's Report

ITEM 9.7      SF2413            160818         Risk Framework and Strategic Risk Register

 

AUTHOR/ENQUIRIES:    Joanne Hudson, Manager Human Resources         

 

Summary:

 

The Internal Audit Report for Risk Management was completed in April 2017. The summary of observations by the Internal Auditor included the following:

 

Risk Management Framework

The current Risk Management Framework needs to be reviewed and updated to provide a more robust foundation for designing, implementing, monitoring, reviewing and continually improving risk management throughout the Council. A risk appetite statement should be developed and adopted. A culture of risk management should also be championed by senior management, the General Manager and the Audit, Risk and Improvement Committee and developed throughout the organisation.

 

A Risk Framework and Strategic Risk Register have been prepared and presented to the Audit, Risk and Improvement Committee. In accordance with the Committee’s recommendation, these documents are now presented to Council for adoption.

 

 

Recommendation:

 

1        That the Risk Framework and Strategic Risk Register be adopted.

 

2        That the Risk Framework and Strategic Risk Register be a standing Item on the Manex A agenda.

 

OPTIONS:

 

Council can make changes to the documents.

 

 

DISCUSSION:

 

The Internal Audit Report for Risk Management was completed in April 2017. The summary of observations by the Internal Auditor included the following:

 

Risk Management Framework

The current Risk Management Framework needs to be reviewed and updated to provide a more robust foundation for designing, implementing, monitoring, reviewing and continually improving risk management throughout the Council. A risk appetite statement should be developed and adopted. A culture of risk management should also be championed by senior management, the General Manager and the Audit, Risk and Improvement Committee and developed throughout the organisation.

 

A Risk Framework and Strategic Risk Register have been prepared and presented to the Audit, Risk and Improvement Committee. In accordance with the Committee’s recommendation, these documents are now presented to Council for adoption.

 

 

CONSULTATION:

 

Executive

Managers

Safety and Risk Officer

Internal Auditor (Kevin Franey)

Audit, Risk and Improvement Committee


 

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

 

 

Working funds – justification for urgency and cumulative impact

 

 

Service level changes and resourcing/staff implications

 

 

Attachments:

1

8411/2018 - DRAFT Risk Management Framework July 2018

 

2

43344/2017 - Draft Strategic Risk Register July 2018

 

  


Ordinary Council Meeting - 16 August 2018

Risk Framework and Strategic Risk Register

 

 

 

 

Description: Description: Description: nambucca valley nsc

 

 

 

Nambucca Shire Council

 

RISK MANAGEMENT

POLICY AND FRAMEWORK

 

 

 

 

July 2018

 

 

 


Ordinary Council Meeting - 16 August 2018

Risk Framework and Strategic Risk Register

 

Contents

 

 

1    Policy and Scope of the Risk Management Framework

2

2    Roles and Responsibilities

3

3    Risk Appetite Statement

6

4    Risk Identification and Analysis

7

5    Reporting, Monitoring and Review

11

6    Continual Improvement of the Risk Management Policy and Framework

11

7    Related Documentation

11

 

 


Ordinary Council Meeting - 16 August 2018

Risk Framework and Strategic Risk Register

 

1 Policy and Scope of the Risk Management Framework


 


Policy

 

It is the policy of Nambucca Shire Council (NSC) that all work areas implement the Risk Management Framework that provides an effective process for the identification, analysis and management of both negative and positive impacts on physical, social and economic capital. This will support sustainability and safeguard Council’s assets, infrastructure, people, finances and reputation.

 

Framework

 

The NSC Risk Management Framework supports the NSC Risk Management Policy and aims to provide a structured and integrated approach to identifying and managing risks. The application of uniform and effective risk management practices will ensure that risks are managed appropriately, efficiently and consistently across NSC.

 

 

The Framework, which has been designed in line with Australian Standards AS/NZS ISO 31000:2009; 'Risk Management – Principles and Guidelines', defines Council's risk management process, methodology, appetite, reporting and also establishes roles and responsibilities.

 

The primary objective of the Framework is to support the achievement of Council’s strategic objectives contained in the Community Strategic Plan and to ensure that organisational capabilities and resources are employed in an efficient and effective manner to manage both opportunities and threats.

 

Risk management is the responsibility of every employee, contractor, volunteer and elected member of the Council

 

.


 

 


 

2 Roles and Responsibilities

 


NSC adopts the Three Lines of Defence model to provide a simple and effective way to enhance communications on risk management and control by clarifying essential roles and duties.

 

The Three Lines of Defence model identifies three groups (or lines) involved in effective risk management:

 

§ Business units that own and manage risk  – the first line;

§ Council personnel that oversee risks (risk officer, compliance, workplace health and safety etc) - the second line; and

§ Independent assurance functions such as internal audit – the third line.

 

 

 

 

 

 

COUNCIL

 

 

Audit, Risk and Improvement Committee

 

Executive Leadership Team

 

 

1st Line of Defence

Risk Ownership

(Managers)

2nd Line of Defence

Risk and Compliance Functions

3rd Line of Defence

Risk Assurance

(Internal & External Audit)

Key Activities

§ Identify, rate, manage, monitor and report risks

§ Manage compliance obligations and key controls; report breaches

§ Staff awareness and training

§ Make management decisions in line with risk appetite

§ Design  risk and compliance control frameworks

§ Monitor adherence to framework

§ Provide advice and guidance

§ Assess quality of processes and control environment

§ Review framework design and implementation

§ Provide independent oversight of 1st and 2nd lines

§ Conduct core compliance testing on rolling annual basis

 

Outcomes

Satisfactory control of risk and compliance obligations

Monitoring and reporting

Policies and frameworks established

Facilitation of risk identification and follow-up

Assurance and oversight through system and process audits

 

 

Adapted from City of Port Phillip, Risk Management Framework, April 2017, page 6

 

 

 

 

 


Ordinary Council Meeting - 16 August 2018

Risk Framework and Strategic Risk Register

 

Roles and Responsibilities (continued)

 


The following outlines the roles and responsibilities associated with risk management at NSC.

 

Council: responsible for endorsing and adopting the Framework and monitoring Council's risk profile with assistance from the oversight of the Audit, Risk and Improvement Committee.

 

Councillors: responsible for utilising and supporting good risk management principles to guide decision making, including a consideration of potential risks and opportunities in the broader context of Council and community priorities.

 

Audit, Risk and Improvement Committee (ARIC): responsible for assisting Council in carrying out its governance responsibilities in relation to the risk management process across Council operations. The ARIC Charter sets out the details for monitoring risk management activities.

 

Internal Auditor: provides an independent review function which provides information about the effectiveness of Council's risk management policies, procedures and practices through the design and delivery of the Annual Internal Audit Plan.

 

General Manager:

 

§ Establish and maintain a strong risk management culture;

§ Ensure overall accountability, authority and resources for managing risks, including incorporation of risk management KPIs into performance measures for managers and staff;

§ Ensure risk management is considered and integrated into the strategic business planning process and reviews at Council;

§ Ensure optimal resources are allocated to provide a corporate risk management structure and system across Council; and

§ Ensure managers and staff receive support and training to fulfil their responsibilities;

 

Assistant General Managers:

 

§ Monitor and report on the status of all Strategic and Operational Risks within their Department;

§ Implement risk management practices within their Department to ensure risks are appropriately identified, managed and reviewed;

§ Facilitate the embedding of a risk aware culture within their Department;

§ Initiate the incorporation of risk management KPIs into the performance measures for managers and staff; and

§ Implement and review progress of treatment plans for improved mitigation within their area of operation.

 

Assistant General Manager Corporate Services:

 

§ Act as the Council officer responsible for being the administrative contact point for the Internal Audit function.

 

Managers

 

§ Facilitate the embedding of a risk aware culture within their Section;

§ Ensure that Strategic and Operational Risks are identified, managed, reviewed and updated regularly within their areas of responsibility; and

§ Implement and review progress of treatment plans for improved mitigation within their area of operation.

 

Manager Human Resources

 

§ Manage the risk management function for Council;

§ Establish and implement the Risk Management Framework and Risk Management Policy;

§ Ensure that the Strategic and Operational Risk Registers are properly maintained across Council;

§ Assist managers with the integration of risk management into the strategic management process;

§ Provide advice and support on risk management matters;

§ Review key risk management related documents including risk register, risk profiles, policies, plans and procedures; and

§ Provide and coordinate the delivery of risk management training to staff to promote a risk and safety aware culture.


Roles and Responsibilities (continued)

 


Coordinators, Supervisors, Team Leaders

 

§ Systematically identify, analyse, evaluate and treat any risk that might impact on their objectives, within their area of responsibility;

§ Maintain an awareness of risks (current and emerging) that relate to their area of responsibility; and

§ Notify the Section Manager of any high risk exposure and gain authority and approval to continue work practices with aligned risk mitigation controls.

 

 

 

All Staff

 

§ Take measures to ensure their own safety, that of other employees, customers and other workers;

§ Identify, manage and monitor risks in their areas of accountability;

§ Identify opportunities for improvements to Council operations;

§ Communicate these areas of improvement and/or risks to their manager or supervisor; and

§ Assist risk owners and responsible risk officers to take practical steps to minimise Council’s exposure to risk.




Ordinary Council Meeting - 16 August 2018

Risk Framework and Strategic Risk Register

 

3  Risk Appetite Statement

 


“Risk appetite” is the level of risk that Council is prepared to accept in delivering its key strategic objectives outlined in our Community Strategic Plan.

 

Council’s approach to risk appetite is to minimise our exposure to reputational, compliance and financial risk, whilst accepting and encouraging an increased

degree of risk in pursuit of our key strategic objectives.

 

We recognise that our appetite for risk varies according to the activity undertaken, that acceptance of risk is subject always to ensuring that potential benefits and risks are fully understood before developments are authorised, and that sensible measures to mitigate risk are established.

 

Our overall Risk Appetite for Council is Balanced (ie level 3). Although organisational business areas or programs may operate at higher risk/reward levels of 4 or 5, Council’s role as a local government authority leads to a preference for balanced risk.

 


 

 

 

LEVEL

DESCRIPTION

5

HIGH RISK APPETITE

Council is willing to accept a high risk of potential disruption to service delivery, environmental harm, reduced organisational wellbeing, WHS exposure, reputation damage, financial loss or exposure, significant incidents(s) of regulatory non-compliance, and degradation of assets.

4

MODERATELY HIGH RISK APPETITE

Council is willing to accept a moderately high risk of potential disruption to service delivery, environmental harm, reduced organisational wellbeing, WHS exposure, reputation damage, financial loss or exposure, significant incidents(s) of regulatory non-compliance, and degradation of assets.

3

BALANCED RISK APPETITE

Council is willing to accept only a balanced risk of potential disruption to service delivery, environmental harm, reduced organisational wellbeing, WHS exposure, reputation damage, financial loss or exposure, significant incidents(s) of regulatory non-compliance, and degradation of assets.

2

LOW RISK APPETITE

Council is not willing to accept risks in most circumstances that may result in disruption to service delivery, environmental harm, reduced organisational wellbeing, WHS exposure, reputation damage, financial loss or exposure, significant incidents(s) of regulatory non-compliance, and degradation of assets. A score of 2 usually means that the organisation sees more risk than potential reward in an initiative.

1

RISK AVERSE APPETITE

Council is not willing to intentionally accept risks in any situations that may result in disruption to service delivery, environmental harm, reduced organisational wellbeing, WHS exposure, reputation damage, financial loss or exposure, significant incidents(s) of regulatory non-compliance, and degradation of assets. Any item with a score of 1 should have positive controls in place to ensure that harm cannot happen.

 


Ordinary Council Meeting - 16 August 2018

Risk Framework and Strategic Risk Register

 

4  Risk Identification and Analysis

 


Risks are classed for the purposes of the Risk Register as either Strategic or Operational.

 

Strategic Risks

 

Strategic risks are high level risks that could impact on the ability of Council to achieve its key strategic targets. To add further context, they are risks that:

 

§ Are significant risks that affect the longer term interests of Council and the community;

§ Are of a higher level, possibly affecting the future service delivery; or

§ May have an organisational wide focus or impact.

 

Strategic risks can result not only in financial loss or penalty but also in loss of reputation or major political loss.

 

Operational Risks

 

Operational risks are exposures that could impact on the day-to-day operations of Council. To add further context, they are risks that:

 

§ Relate directly to the delivery of services, including the quality and appropriateness of services;

§ Relate to the effective and efficient use of Council's resources; or

§ Can have a day to day impact on specific Council operations.

 

Risk Identification

 

Risk identification is the process of identifying risks facing Council. This involves thinking through the sources of risks, the potential hazards, the possible causes and the potential exposure. The risk identification process should be systematic and comprehensive and should include those risks not directly under the control of Council.

 

Once identified, the next step of the risk management process is to analyse the risks.

 

Risk Analysis

 

A key objective of risk analysis is differentiating minor and acceptable risks from major risks that require active management or intervention and to provide data that assists in risk evaluation and determination of treatment strategies. Likelihood and consequence are assessed against Council's risk matrix to provide an overall risk rating.


 


 


Ordinary Council Meeting - 16 August 2018

Risk Framework and Strategic Risk Register

 

Risk Identification and Analysis (continued)

 

Step 1: Analyse risks in terms of consequence (outcome of an event) using the Consequence Table. The analysis must consider the range of potential consequences and how these are likely to occur.

 

RISK CATEGORY

CONSEQUENCE LEVEL

LOW

MEDIUM

HIGH

VERY HIGH

ENVIRONMENTAL

Minor impact, reversible with short-term remediation required

Moderate impact, reversible with medium term remediation required

Significant impact contained to site / project, irreversible or long term remediation required

Significant ongoing impact, irreversible and not contained to site / project life

FINANCIAL

< 2% of the annual operating expenses budget

2% - 5% of the annual operating expenses budget

5% - 40% of the annual operating expenses budget

>40% of the annual operating expenses budget

GOVERNANCE / COMPLIANCE

Minor regulatory consequence with formal warning / instruction with unlikely litigation, prosecution or penalty

Moderate regulatory consequence which may result in fines. Contractual non-compliance or breach of legislation with threat of litigation, prosecution and/or penalty

Major regulatory consequence resulting in material fines or restrictions on Council’s operations. Probably litigation or prosecution and/or penalty.

Extreme regulatory consequence which could result in dismissal of Council. Non-compliance or breach of legislation with litigation, prosecution and/or penalty with fines.

REPUTATION

Temporary loss of confidence in NSC in some sections of the community, AND/OR

Ongoing individual concerns

Major impact on public confidence in NSC (days), AND/OR

Concern expressed by OLG in NSC activities

Considerable and widespread impact on public confidence in NSC (days/weeks) AND/OR

Issues raised by OLG/Ombudsman/ ICAC

Significant impact on public confidence in NSC (months) AND/OR

Potential enquiry by OLG/Ombudsman/ ICAC

SAFETY AND PEOPLE

Minor injury that may require medical attention with no ongoing treatment

Injury requiring ongoing medical treatment and/.or lost time

Extensive injuries that are life threatening, or multiple serious injuries and hospitalisation

Any fatality or multiple permanent disability or ill health

SERVICE DELIVERY DISRUPTION (BUSINESS CONTINUITY)

Minor to moderate disruption to service activities. Minor to moderate % of customers inconvenienced and may receive some complaints.

Moderate disruption to services (1-5 days). Medium to large % of customers inconvenienced and will receive complaints.

Continuing difficulties in servicing customers over prolonged period (5-10 days) across majority of service locations that will result in a large number of complaints.

Severe long term disruption or permanent loss of capability to provide critical services to customers for 10+ days.


SERVICE PERFORMANCE

Changes to service delivery strategies managed within the service group

Significant changes to a single group’s service delivery, requiring some realignment of resources within NSC

Significant realignment of service delivery strategies across several service groups

Imposition of significant service delivery reforms by government


Ordinary Council Meeting - 16 August 2018

Risk Framework and Strategic Risk Register

 

Risk Identification and Analysis (continued)

 

Step 2: Analyse risks in terms of likelihood (probability or frequency) using the Likelihood Table.

 

 

LIKELIHOOD DESCRIPTOR

GENERAL DESCRIPTIONS

INDICATIVE FREQUENCY

ALMOST CERTAIN

Is expected to occur in most circumstances

The event will occur on an annual basis – within the short-term (eg budget) planning cycle

Will occur within this year

LIKELY

Could occur in some circumstances

Is likely to happen to NSC within the long-term (10-year) planning cycle

1 chance in 10 of occurring this year

POSSIBLE

Could occur but would not be expected

Has happened in the NSW local government sector

1 chance in 200 of occurring this year

RARE

May occur only in exceptional circumstances

Could happen in the NSW local government sector

1 chance in 1,000 of occurring this year

 

 


Step 3: Once the risk has been analysed, the existing controls designed to mitigate or remove the risk must be determined.

 

Controls can be:

 

·      preventative or detective (generally reduce likelihood); or

·      corrective / reactive (generally reduces the impact).

 

The degree and effectiveness of existing controls over risks need to be considered to allow for an accurate risk rating process. These controls need to be identified clearly and their effectiveness assessed.

 

Step 4: Once risks are assessed against the likelihood and consequence and the controls designed to manage the risk are identified, the residual rating/level of risk is determined against the Risk Rating Table/Matrix below:

 


 

 

 

CONSEQUENCE

 

 

Low

Medium

High

Very high

LIKELIHOOD

Almost certain

Moderate

Moderate

Major

Extreme

Likely

Minimal

Moderate

Major

Major

Possible

Minimal

Moderate

Moderate

Major

Rare

Minimal

Minimal

Moderate

Moderate


Ordinary Council Meeting - 16 August 2018

Risk Framework and Strategic Risk Register

 

Risk Identification and Analysis (continued)

 


Risk evaluation involves comparing the level of risk (Minimal, Moderate, Major or Extreme as per the above matrix) found during the analysis process against the Council's risk appetite statement and known priorities and requirements. It involves making decisions based on the risk rating about which risks are going to be treated and the priorities of those treatments.

 

Treatment strategies will vary depending on the level of risk. It's important to strike a balance between the cost of eliminating or reducing a risk and any potential benefits or loss reduction.

 

The higher the overall level of risk the greater level of management attention is required to reduce its probability and/or impact or manage the risk.

 

The ALARP (As Low As Reasonably Practicable) principle covers two main areas of risk—acceptability and tolerability.

 

Note: In consultation with the Manager Human Resources and/or the Safety and Risk Officer, each risk will be recorded on the relevant risk register.

The management and reporting structure for risks assessed under an operational, corporate, environmental, business or project level risk assessment is as follows:


 

 

 

EXTREME

Immediate escalation to GM or AGM.

Control strategy developed and monitored by GM/AGM.

Reported to elected Council.

MAJOR

Ownership of risk assigned to GM or AGM.

Reported to MANEX

MODERATE

Managed at the functional/service group level.

Escalated to the relevant AGM for information.

MINIMAL

Managed within the functional area/service group


Ordinary Council Meeting - 16 August 2018

Risk Framework and Strategic Risk Register

 

5 Reporting, Monitoring and Review

 


All risk and risk profiles must be regularly reviewed (at least every 6 months).

 

Few risks remain static. Ongoing review is essential to ensure that risks identified and associated treatment options remain relevant and that changing circumstances don't alter risk priorities.

 

The designated risk owner is responsible for both monitoring and reviewing the risks assigned to them to ensure the treatment strategies have been implemented and are working effectively.

 

The review must be informed by recent events and include consideration of:

 

 

§ Completeness and accuracy of the risk register, including whether any risks can be retired;

§ Continued existence of controls and their adequacy;

§ Risk ratings and treatment strategies; and

§ Risk review date.

 

All risks rated as Extreme or Major must be monitored on a regular basis (at least monthly) to ensure the rating assigned, controls identified and treatment options established remain valid. At each stage that the monitoring or review results in a change to the Risk Assessment/Treatment Template, such must be recorded on the document.

 


6 Continual Improvement of the Framework

 


The Risk Management Framework must be reviewed regularly to ensure continual improvement.

 

The Policy and Framework will be reviewed once in three (3) years by the Risk Manager and the Audit, Risk and Improvement Committee on behalf of the Council to enhance the system to meet the changing needs of the Council and to reflect contemporary better practice.

 


 

7 Related Documentation

 

The following document/s relate to NSC’s Risk Management Policy Framework:

 

§ Strategic Risk Register


Ordinary Council Meeting - 16 August 2018

Risk Framework and Strategic Risk Register

 

Description: Description: Description: nambucca valley nsc

 

 

 

Nambucca Shire Council

 

STRATEGIC RISK REGISTER

 

 

 

 

                                                  

 

 


Ordinary Council Meeting - 16 August 2018

Risk Framework and Strategic Risk Register

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Prepared by Jo Hudson, Manager Human Resources and Ken Fowler, Safety and Risk Officer with the assistance of Thomas Noble and Russell (Internal Auditors); and in consultation with Michael Coulter, General Manager; Paul Gallagher, Assistant General Manager Engineering Services; Coral Hutchinson, Manager Community Development; Craig Doolan, Manager Financial Services;  Richard Spain, Manager Water and Sewerage; Matthew Leibrandt, Manager Infrastructure Services; Clint Fitzsummons, Manager Assets; Daniel Walsh, Manager Development and Environment; Wayne Lowe, Manager Business Development and Tim Shields, Manager Information and Communication Technology

 

for Nambucca Shire Council

 

March 2018

 

Link to Community Strategic Plan

Theme

Caring for our Community

Key Strategy

1.1 Civic Leadership and Administration

Program

1.1.1 Civic Leadership and administration: Council engages the Community in the process of open government. Public participation is encouraged not only in policy development and major decisions, but in the day to day operations of the Council.

Actions

1.1.1.1 Using a variety of tools, engage with the Community in ways that are accessible and transparent

1.1.1.2 Use information from the Community in decision making

1.1.1.3 Keep the Community informed of the decisions, key issues and actions of Council

1.1.1.4 Maintain an effective governance regime

 

Risk Description

Trigger

Consequence Type

Controls/Risk Treatment

Residual Risk
Likelihood

Residual Risk
Consequence

Residual Risk Rating

Risk Owner/s

Actions for Improvement / Target Date

Failure to  effectively engage with the Community and satisfy its needs and expectations

 

 

 

 

Information is not gathered to measure expectations of the population

 

Poor communication of Council's outcomes.

 

Inadequate Community engagement prior to developing Council directions /performance criteria.

 

Inadequate recognition and coordination of Council's needs relating to Community participation

Reputation

eg community dissatisfaction; complaints; negative publicity; key partners not supportive of outcomes; lack of community participation on Council, committees and other activities

 

 

 

§ Strong volunteer base, including Section 355 Committees

§ Public forums and delegations to Council meetings

§ Council meetings held at various locations

§  Submissions reported to Council

§ Open access to information

§ Regular Community Satisfaction Surveys

§ Council website

§ Regular interviews with media (eg radio, newspaper)

§ Annual Report

§ Newsletter

§ Direct communication with stakeholders

§ Integrated Planning and Reporting Framework

§ Internal Audit function

 Possible

 

 

 Medium

 

 

 Moderate

 

 

General Manager

 

Assistant General Managers

Community Engagement Strategy

 

Volunteer Management Strategy


 


Link to Community Strategic Plan

Theme

Caring for our Community

Key Strategy

1.1 Civic Leadership and Administration

Program

1.1.2 Sustainable Delivery of Services - Council delivers services that reflect the priorities of the Community and makes best use of the available resources.

Actions

1.1.2.1 Identify and implement initiatives to improve financial sustainability

1.1.2.2  Use of effective asset management practices

1.1.2.3 Embrace a culture of continuous improvement including the best utilisation of the human resources, reviews of what and how services are delivered with a view to improvement of processes and the embracing of new technologies.

 

Risk Description

Trigger

Consequence Type

Controls/Risk Treatment

Residual Risk
Likelihood

Residual Risk
Consequence

Residual Risk Rating

Risk Owner/s

Actions for Improvement / Target Date

Failure to deliver required level of infrastructure and services

Inadequate asset management planning and implementation.

 

Inadequate planning and coordination, between Council and Community groups for new infrastructure and capital projects.

 

Construction of infrastructure and other capital projects without consideration of future running/maintenance costs.

 

Inadequate human resources to manage asset management in the event of natural disasters.

 

Acceptance of dedicated assets without consideration of future maintenance costs.

 

Inability to source cost effective infrastructure construction materials (Quarry).

 

Inadequate Community consultation relating to service level expectations.(Provision of incorrect service levels)

 

Inability to fund desired Community service levels.

 

Acceptance of inferior dedicated assets (RMS and Developer Dedications)

 

Annual works programme is not adequately costed, funded and adhered to.

 

Poor project management

 

Inadequate maintenance of existing and new assets

 

Inadequate coordination of funding projects and services with other stakeholders

 

Delivery of services not required / desired by the Community

 

Inefficient delivery of services by the Council.

 

Failure to plan for population changes and growth

 

Inadequate human resources to deliver desired services.

 

Delivering services which would be better delivered by the private sector

 

Inadequate resources to fund regulatory requirements

 

Inability to attract and retain skilled asset management and service delivery personnel.

 

Failure of income streams / unplanned expenditure / inability to secure or maintain funding

Service Delivery Disruption

 

Governance/Compliance

 

Service Performance

 

Reputation

 

 

 

 

Strong focus on bottom line

 

Initiatives to improve financial sustainability reported to MANEX

 

Specific resourcing assigned to pursue

 

Council and community grant funding applications opportunities ie Grants Officer

 

Designated Assets section

 

Asset management plans

 

Annual asset maturity assessments

 

New technology adopted

 

Service level reviews

 

Process reviews

 

Organisational structure reviews

 

Job redesign

 

Workforce Plan

 

Impact on staffing considered as part of Council’s regular reporting

 

Training and development

 

Engage with Community

 Possible

 

 High

 

 Moderate

General Manager

 

Assistant General Managers

 

Manager Assets

Leadership development

Inability to be financially sustainable

Inadequate planning and monitoring of budgets

 

Significant reduction of income streams and external funding

 

Significant change in service delivery impacting on budget

 

Unplanned expenditure as a result of urgent works

 

Expenditure incurred where no budgetary provision exists

 

Grant funding sought without adequate consultation or consideration of impact on budget

 

Poor debt recovery

 

Theft

 

Fraud

Financial

eg severe budget pressures; spending cutbacks; rates increases; reliance on investments; reserves used, potentially falling below minimum approved levels; Fit for the Future status in jeopardy

 

Service Delivery Disruption

eg capital works delayed; non-delivery of core statutory functions

Reputation

eg community dissatisfaction; adverse publicity

 

 

 

 

Internal controls

 

Delegations of Authority

 

External Audit

 

Management reporting

 

Quarterly budget reviews and reporting of major variances

 

Annual budget

 

4-year Delivery Program

 

Capital Works Program reporting

 

Investment strategy

 

Debt Recovery policy

 

 

 

Possible

 

 

High

 

 

Moderate

 

 

Manager Financial Services

Improve budget forecasting and coordination

Failure of IT and/or communications systems, data and infrastructure

Insufficient staff capacity/capability

 

Ageing and obsolete IT infrastructure

 

Lack of information to inform decisions

 

Cyber-crime

 

Security breach

 

 

 

Financial

 

Service Delivery Disruption (including impact on frontline service delivery)

 

Governance/Compliance

eg misuse and loss of sensitive information; identity theft

 

Service Performance

eg failure to meet stated priorities

 

Reputation

eg community dissatisfaction; complaints; adverse publicity

 

 

 

 

 

 

System “champions”; super-users.

 

Firewall and virus software

 

User access controls

 

User ID and password protocol

 

Routine penetration testing

 

Licences and agreements in place with suppliers

 

User Groups


Back-ups

 

Programmed updates

 

Disaster Recovery Plan

 

Business Continuity Plan

 

Insurance coverage for cyber crime

 

Possible

 

 

 

High

 

 

 

Moderate

 

 

 

Manager Information and Communication Technology

Quarterly reporting to MANEX of progress against project milestones and budget

 

Reporting of firewall breaches to AGMCS


 


Link to Community Strategic Plan

Theme

Caring for our Community

Key Strategy

1.1 Civic Leadership and Administration

Program

1.1.3 Risk Management - Council will identify and manage risks likely to have a material impact on the organisation’s ability to achieve its mission and objectives.

Actions

1.1.3.1   Integrate effective risk management practices across the organisation.

1.1.3.2  Instil a culture of safe work practices across the organisation

 

Risk Description

Trigger

Consequence Type

Controls/Risk Treatment

Residual Risk
Likelihood

Residual Risk
Consequence

Residual Risk Rating

Risk Owner/s

Actions for Improvement / Target Date

Ineffective risk management including failure to provide a safe workplace

Inadequate resources to effectively implement and maintain the Risk Management Framework.

 

Inadequate recognition of major risk events and development of appropriate response plans

 

Absence of robust health and safety management system

 

Inadequate planning

 

Lack of effective monitoring and supervision

Financial

eg material loss; increased insurance premiums

 

Safety and People

eg incidents including near-misses and injuries

 

Governance/Compliance

eg prosecution for breaches of legislation; insurance claims

 

Reputation

eg complaints; adverse publicity

 

 

 

 

 

Specific resourcing assigned to support risk management ie Safety and Risk Officer

 

Strategic Risk Register

 

Effective insurance coverage

 

Impact on Council’s risk profile considered as part of Council’s regular reporting

 

Safety system including policies and procedures and documentation such as SOPs and SWMS

 

Dynamic risk assessments

 

Hazard reporting

 

Incident reporting

 

WHS Committee

 

Quarterly reporting to MANEX

 

Annual WHS audit

 

WHS Action Plan

 

Annual budget provided for safety and welfare expenses

 

Consultation and communication with staff including via WHS Committee, staff newsletter, toolbox talks

 

WHS focused training both mandatory and non-mandatory

 

Implementation of i-auditor in field via tablets

 

Regular onsite inspections and audits

 

Participation in MIDROC Safety Group and Risk Group

 

Support and resourcing from StateCover and StateWide

 Possible

 

 

 

 

 

 High

 

 

 

 

 

 Moderate

 

 

 

 

 

General Manager

 

Manager Human Resources

WHS Action Plan

 

Due Diligence training for managers and supervisors

 


 


Link to Community Strategic Plan

Theme

Caring for our Community

Key Strategy

1.1 Civic Leadership and Administration

Program

1.1.4   Sustainable Energy Use - Council will provide Community leadership in sustainable energy use.

Actions

1.1.4.1 Implement technologies and make decisions to reduce Council’s greenhouse gas emissions.  Establish a Clean Energy committee to investigate options for investment growth in renewable energy.

1.1.4.2 Make information available to the Community to help them reduce energy use.

 

Risk Description

Trigger

Consequence Type

Controls/Risk Treatment

Residual Risk
Likelihood

Residual Risk
Consequence

Residual Risk Rating

Risk Owner/s

Actions for Improvement / Target Date

Failure to demonstrate leadership in sustainable energy use

Inability to invest in sustainable-focused technologies.

 

Inadequate planning to meet greenhouse gas emission targets.

 

Established timeframe to achieve the greenhouse targets are too short.

 

The appetite for carbon neutrality is not shared by the Community.

 

Inadequate communication and information provided to the Community

 

Inadequate description of the key energy use measurements

Reputation

Clean Energy Committee established and recommendations reported to Council

 

Links on Council’s website to other websites which provide information on sustainable energy use and Government initiatives to reduce greenhouse gas emission

 Likely

 

 

 

 Medium

 

 

 

 Moderate

 

 

 

General Manager

 

Assistant General Manager Engineering Services

 

Assistant General Manager Corporate Services

 

 

Manager Development and Environment 

Review of Fleet Policy to incorporate electric cars

 

Sustainability Advantage Program – audit electricity use; installation of solar panels


 


Link to Community Strategic Plan

Theme

Caring for our Community

Key Strategy

1.2 Public Order and Safety

Program

1.2.1   Public order and (community) safety - Council shall foster communities where people feel safe and secure.

Actions

1.2.1.1 Provide support for local emergency services and beach safety

1.2.1.2 Provide leadership on safety initiatives

 

Risk Description

Trigger

Consequence Type

Controls/Risk Treatment

Residual Risk
Likelihood

Residual Risk
Consequence

Residual Risk Rating

Risk Owner/s

Actions for Improvement / Target Date

Failure to foster and assist with the provision of a safe and secure Community

 

 

 

Inadequate Council resourcing

 

Inadequate Police resources

Ineffective lobbying for / inadequate resourcing of road safety initiatives

 

Inadequate identification and recording of road safety priorities

 

Inadequate consultation with and support provided to emergency services

Financial

eg economic downturn

 

Governance/Compliance

eg Inability to satisfy requirements of state government legislation with respect to emergency planning and response; increase in crime, including vandalism; road safety incidents.

 

Reputation

eg community dissatisfaction with Council; complaints; adverse publicity; poor perception of the Shire resulting in failure to attract new business, new residents and visitors to the area.

 

 

Fire trails maintained

 

Lifeguard services provided

 

Local Emergency Management Committee

 

Regulation of vehicles on beaches

 

Vehicular Access to Beaches Committee


Vehicle Beach Permit system

 

Road safety improvements recommended through the Local Traffic Advisory Committee

 

Lobbying for road safety initiatives

 

Community safety initiatives such as alcohol free zones implemented in conjunction with the Local Area Command

Possible

 

 

 High

 

 Major

 

General Manager

 

Assistant General Manager Engineering Services

 

Manager Development and Environment

 

Manager Technical Services

 

Manager Community Development

Installation of street surveillance cameras as a crime prevention strategy and to enable live monitoring by Police to achieve improved response times and identify offenders.

 

 

 


 


Link to Community Strategic Plan

Theme

Caring for our Community

Key Strategy

1.2 Public Order and Safety

Program

1.2.2 Companion Animal Welfare - Companion animals will be proactively managed to ensure the Community’s safety and high standard of animal welfare.

Actions

1.2.2.1 Manage companion animals to ensure the Community’s safety and improve animal welfare.

1.2.2.2 Provide open spaces where dogs can be exercised.

 

Risk Description

Trigger

Consequence Type

Controls/Risk Treatment

Residual Risk
Likelihood

Residual Risk
Consequence

Residual Risk Rating

Risk Owner/s

Actions for Improvement / Target Date

Failure to manage companion animals to ensure the Community’s safety and high standard of animal welfare

Fees and charges are not sufficient to fund the service.

 

Inadequate patrols

 

Complaints not responded to in a timely and effective manner

 

Education/awareness programs ineffective

 

Inadequate resources to meet Community expectations and legislative requirements.

 

Lack of understanding and documentation of Community and legislative expectations / needs

Service Delivery Disruption

 

Governance/Compliance

eg dog attacks

 

Service Performance

 

Reputation

eg complaints; adverse publicity

 

 

Patrols undertaken by Rangers

 

Complaints registered in MERIT and investigated.

 

Fees and fines imposed for service/breaches.

 

Dogs impounded

 

Rehoming program

 

Responsible Pet Ownership programs run to assist disadvantaged groups with desexing and registration costs

 

Doggy bags and bins program

 

Pet ownership responsibilities promoted on Council’s website and via educational/awareness programs and activities

 

Off-leash areas provided

Possible

Medium

Moderate

Manager Development and Environment

Increase patrol frequency

 

Review fees and charges

 

Improve community awareness

 


 


Link to Community Strategic Plan

Theme

Caring for our Community

Key Strategy

1.3 Public health

Program

1.3.1    Public health -  Safe Food - Council will guard against illness caused by unhealthy food by promoting and enforcing food hygiene standards

Actions

1.3.1.1 Effectively license and regulate premises that handle food for public consumption

 

Risk Description

Trigger

Consequence Type

Controls/Risk Treatment

Residual Risk
Likelihood

Residual Risk
Consequence

Residual Risk Rating

Risk Owner/s

Actions for Improvement / Target Date

Failure to ensure food hygiene standards are adhered to

 

Food safety inspection program not implemented

 

Complaints not followed up

 

Inconsistent or soft approach to enforcement

 

Lack of understanding by staff of food quality legislative requirements

 

Lack of understanding and non-compliance by operators/ outlets

 

Education and awareness programs not promoted, ineffective or not attended

Financial

eg Financial loss

 

Service Delivery Disruption

 

Governance/Compliance

eg food hygiene standards not adhered to; legislative non-compliance; litigation

 

Service Performance

 

Reputation

eg complaints; damage to reputation; Illness / Epidemic /Death caused by unsafe food

 

 

 

 

Annual food inspection program in accordance with NSW Health requirements.

 

Training provided to staff

 

Promotion of food safety via education and awareness programs for operators / outlets

 

Complaints investigated

 

Food hygiene standards enforced via orders and fines imposed for breaches

 

 Possible

 

 

 High

 

 

 Moderate

 

 

Manager Development and Environment

Provide greater awareness amongst food handlers

 

Improve staff training

 


 


Link to Community Strategic Plan

Theme

Caring for our Community

Key Strategy

1.3 Public health

Program

1.3.2 Public health - Clean Water - Council will improve healthy waterways though promoting and implementing where possible the protection of riparian areas and minimising pollution sources.

Actions

1.3.2.1 Ensure Nambucca waterways will not be contaminated by on-site sewerage systems.  This will be achieved by efficient licensing and monitoring regime and effective enforcement of the current standards.

1.3.2.2 Protection and restoration of riparian areas as prioritised in the Nambucca River Estuary Management Plan - Dependent on grant funding and funding from the Environmental Levy.

 

Risk Description

Trigger

Consequence Type

Controls/Risk Treatment

Residual Risk
Likelihood

Residual Risk
Consequence

Residual Risk Rating

Risk Owner/s

Actions for Improvement / Target Date

Failure to protect healthy waterways from contamination

Monitoring and control is ineffective and results in damage to business / environment

 

Inadequate records identifying all on-site sewage systems

 

Inadequate response plans to manage and stop contamination events

 

Inadequate identification of high, medium and low risk sites

 

Failure of on-site sewage systems

 

Financial

eg financial loss

 

Service Performance

eg contamination of waterways

 

Governance/Compliance

eg damage to the environment; legislative non-compliance

 

Reputation

eg complaints; litigation

 

 

Licencing of OSSM systems

 

OSSM inspection program

 

Training provided to staff

 

Complaints investigated

 

Enforcement of licence conditions via orders and fines imposed for breaches

 

Regular water sampling program

 

Identification of programs in Nambucca River Estuary Management Plan

 

Projects funded via Environmental levy

 Possible

 

 

 

 

 High

 

 

 

 Moderate

 

 

 

 

Manager Development and Environment

Continue to implement OSSM inspection program and enforce rectification of failing systems.

 


 


Link to Community Strategic Plan

Theme

Caring for our Community

Key Strategy

1.3 Public health

Program

1.3.3 Personal Health and Wellbeing - Council will seek to improve the overall  health  and  wellbeing  of  the  Community  by supporting public health initiatives, and advocating for improved health services  and supporting age care services.

Actions

1.3.3.1 Support existing and initiate new public health activities. Specifically advocate to the State Government for improved health services.

 

Risk Description

Trigger

Consequence Type

Controls/Risk Treatment

Residual Risk
Likelihood

Residual Risk
Consequence

Residual Risk Rating

Risk Owner/s

Actions for Improvement / Target Date

Failure to secure improved public health facilities and services for the Community

 

Measures taken to gain support from State Government (eg lobbying, advocacy) are ineffective

 

Ineffective lobbying techniques

 

Lobbying is not coordinated with key stakeholders

 

Inadequate coordination to enable identification of agreed public health initiatives that require support

Reputation

eg community dissatisfaction, will act as a deterrent to businesses considering moving to the Shire

 

 

 

Lobbying at State and Federal level

 

Advocacy

 

Publicity

 

Funding opportunities sought via grant applications

Possible

High

Moderate

General Manager

 

Manager Community Development

Relocation of Macksville Hospital

 


 


Link to Community Strategic Plan

Theme

Caring for our Environment

Key Strategy

2.1  Well Planned Communities

Program

2.1.2    Housing - Housing across the Shire provides choice and is affordable

Actions

2.1.2.1 Provide diverse, sustainable, adaptable and affordable housing options through effective land use planning.

 

Risk Description

Trigger

Consequence Type

Controls/Risk Treatment

Residual Risk
Likelihood

Residual Risk
Consequence

Residual Risk Rating

Risk Owner/s

Actions for Improvement / Target Date

Failure to deliver well planned communities through promoting sustainable development including housing that is not only sustainable and affordable but aesthetically desirable.

 

Inability to define "sustainable" development (economic, environmental and social)

 

Inadequate development assessment and consent controls

 

Inadequate land use planning

 

Inadequate identification and coordination with other industry groups with similar objectives

 

Development assessment and consent processes do not support diverse and affordable housing

 

Inadequate identification of housing requirements for the Shire

 

Inadequate coordination with housing / aged care providers to satisfy identified needs

Inadequate rating structure to address

Financial

eg reduction in rates revenue through charitable organisations providing low cost house; rates burden shifted to other ratepayers

 

Service Performance

eg sustainable development inhibited by out of date planning controls

 

Reputation

eg cheaper housing exacerbating undesirable SIEFA ranking.

 

 

 

Designated strategic planner

 

Regular enforcement and review of development controls.

 

Promotion of secondary dwellings and detached dual occupancies

 

Possible

Medium

Moderate

General Manager

 

Manager Development and Environment

Review rating structure


 


Link to Community Strategic Plan

Theme

Caring for our Environment

Key Strategy

2.2 Building Regulation

Program

2.2.1 Safe Buildings and Pools - Building and swimming pool certification will be achieved in an accurate and timely manner.  An effective risked based compliance program for building fire safety and pool safety is maintained.

Actions

2.2.2.1 Ensure private pools are of a safe standard.

2.2.2.2 Ensure private infrastructure and buildings comply with relevant standards and codes.

2.2.2.3 Ensure Fire Safety regulations are enforced.

2.2.2.4 Promote sustainable building practices including energy and water efficiency.

 

Risk Description

Trigger

Consequence Type

Controls/Risk Treatment

Residual Risk
Likelihood

Residual Risk
Consequence

Residual Risk Rating

Risk Owner/s

Actions for Improvement / Target Date

Failure to deliver an effective and efficient certification process and compliance program in relation to private swimming pools, fire safety and buildings

Certification fees are not adequate to cover costs

 

Uncoordinated or inefficient approach to inspection and certification.

 

Inadequate identification of objectives and measures to achieve objectives

 

Inadequate resources to achieve documented performance indicators

 

Legislative requirements are not identified and not followed

 

Compliance programme is not conducted in accordance with a documented and agreed risk-based manner

 

Legislative requirement are not enforced when breaches are identified.

Service Delivery Disruption

 

Governance/Compliance

eg unsafe buildings and swimming pools leading to injury/death

 

Service Performance

 

Reputation

 

Inspection program carried out

 Possible

 High

 Moderate

Manager Development and Environment

Review lack of follow up of Fire Safety Certificates


 

Failure to promote and enforce sustainable building practices including energy and water use efficiency

Development assessment and consent processes do not support sustainable building practices

 

Council's sustainability development conditions are in excess of minimum requirements and are not affordable

 

Inspection programs to identify compliance with sustainable building initiatives are not effective

 

Legislative requirements are not enforced when breaches are identified

Reputation

Enforce development controls