NAMBUCCA

SHIRE COUNCIL

 


Ordinary Council Meeting

AGENDA ITEMS

30 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 - 30 August 2018

 

 

INSPECTION:

 

3.00PM     Depart Council for inspection of Macksville Park

 

 

Acknowledgement of Country            (Mayor)

 

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

 

AGENDA                                                                                                   Page

 

1        APOLOGIES

2        PRAYER

3        DISCLOSURE OF INTEREST

4        CONFIRMATION OF MINUTES —

Ordinary Council Meeting - 16 August 2018.................................................................................. 7

5        NOTICES OF MOTION

5.1     NOTICE OF MOTION - Request for Report on Otta Sealing............................................... 27  

6        PUBLIC FORUM

7        ASKING OF QUESTIONS WITH NOTICE   

8        QUESTIONS FOR CLOSED MEETING WHERE DUE NOTICE HAS BEEN RECEIVED

9        General Manager Report

9.1     Report of Error in Minutes of Council's Meeting on 16 August 2018 - Item 9.2 - Request by Lesley Flanders to Purchase Land West of the Bowraville Racecourse......................................... 82

9.2     Management of Macksville Park...................................................................................... 86

9.3     Outstanding Actions and Reports.................................................................................... 89

9.4     Inquiry into the Impact of Expenditure Caps for Local Government Election Campaigns..... 95

9.5     Nambucca Shire Library Strategic Plan - Draft for Exhibition........................................... 101

9.6     Scotts Head Coastal Hazard Reduction Project.............................................................. 124

9.7     Local Strategic Planning Statements.............................................................................. 207

9.8     Undetermined Development Applications either greater than 12 months or where submissions received to 14 August 2018......................................................................................................... 210

9.9     Minutes of the Clean Energy Committee meeting held 8 August 2018.............................. 212

9.10   Donations Program (Section 356) 2018/2019 (Round 1) - Applications for Approval......... 234

10      Assistant General Manager Corporate Services Report

10.1   Schedule of Council Public Meetings 2018..................................................................... 312

10.2   Valla Public Hall Committee of Management - Annual General Meeting - 15 August 2018.. 313

11      Assistant General Manager Engineering Services Report

11.1   Draft Beach Management Policy.................................................................................... 319

11.2   Drought Management and Dam Water Quality................................................................ 341

11.3   Minutes of the NSW Rural Fire Service Level Agreement Zone Liaison Committee meeting - 8 August 2018............................................................................................................................. 346

11.4   2018-19 Capital Works Program Monthly Report............................................................. 363

11.5   T022/2018 Tender for provision of Piling Services for Construction of Lanes Bridge, Bowraville   374    

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

12.1   Confidential - T022/2018 Tender for Provision of Piling Services for Lanes Bridge, Bowraville

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

  

            a      Questions raised by Councillors at 8 above

 

       i         MOTION TO CLOSE THE MEETING

       ii        PUBLIC VERBAL REPRESENTATIONS REGARDING PROPOSAL

     TO CLOSE

       iii       CONSIDERATION OF PUBLIC REPRESENTATIONS

                   iv       DEAL WITH MOTION TO CLOSE THE MEETING

13      MEETING CLOSED TO THE PUBLIC

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


NAMBUCCA SHIRE COUNCIL

 

Description: nambucca valley nsc

 

DISCLOSURE OF INTEREST AT MEETINGS

 

 

Name of Meeting:

 

Meeting Date:

 

Item/Report Number:

 

Item/Report Title:

 

 

 

I

 

declare the following interest:

          (name)

 

 

 

 

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

 

 

 

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

 

 

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

 

For the reason that

 

 

 

 

 

 

Signed

 

Date

 

 

 

 

 

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

 

Council’s Facsimile Number – (02) 6568 2201

 

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

 


Definitions

 

(Local Government Act and Code of Conduct)

 

 

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

(Local Government Act, 1993 section 442 and 443)

 

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

 

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

 

 

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

 

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

 

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

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

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

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

 


NAMBUCCA SHIRE COUNCIL

Ordinary Council Meeting

MINUTES OF THE Ordinary Council Meeting HELD ON 16 August 2018

The following document is the minutes of the Ordinary Council meeting held 16 August 2018.  These minutes are subject to confirmation as to their accuracy at the next meeting to be held on Thursday 30 August 2018 and therefore subject to change.  Please refer to the minutes of 30 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 Anne Smyth

Cr John Wilson

 

 

 

ALSO PRESENT

 

Michael Coulter (General Manager)

Robert Hunt (AGM Corporate Services)

Paul Gallagher (AGM Engineering Services)

Lorraine Hemsworth (Minute Secretary)

 

 

DISCLOSURE OF INTEREST

 

Councillor Janine Reed declared a non-pecuniary - significant conflict of interest in Item 9.5 Mid North Coast Childhood Obesity Prevention and Management Action Plan July 2018-June 2023 under the Local Government Act as Cr Reed is the Chair of the Healthy Communities Advisory Committee of the Mid North Coast.  Cr Reed left the meeting for this item.

 

Councillor Anne Smyth declared a non-pecuniary - less significant conflict of interest in Item 9.15 Draft Nambucca Shire Council Strategic Tourism Plan under the Local Government Act as Cr Smyth is a member of the Nambucca Valley Conservation Association who made a submission to the Strategic Plan whilst on exhibition.

 

Councillor David Jones declared a non-pecuniary – Significant Conflict interest in Item 12.1 Tender 020/2018 Field Lighting Coronation Park under the Local Government Act as Cr Jones is President of the Coronation Park Trust. Cr Jones left the meeting for this item.

 

 

CONFIRMATION OF MINUTES - Ordinary Council Meeting

 

SUBJECT:   CONFIRMATION OF MINUTES - Ordinary Council Meeting 26 July 2018

341/18 RESOLVED:        (Wilson/Reed)

 

That the minutes of the Ordinary Council Meeting of 26 July 2018 be confirmed.

 

 

 

 

 


 

NOTICE OF MOTION - CR Hoban

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

342/18  RESOLVED:       (Hoban/Reed)

 

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.

 

 

 

 

NOTICE OF MOTION - CR Hoban

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

343/18 RESOLVED:        (Hoban/Ainsworth)

 

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.

 

 

 

  

DELEGATIONS

RECOMMENDATION

 

That the following delegations be heard:

 

 

Apology       Mr Bob Higgins on behalf of Head of Pacific Highway Upgrade

                   Mr Chris Clark on behalf of Project Engineer

 

i         10.6 Review of Investment Funds Policy and Strategy...................... Error! Bookmark not defined.

          Mr Michael Chandra and Mr Zac Wilkins on behalf of Imperium Markets

 

Mr Wilkins and Mr Chandra addressed Council with a powerpoint of Council’s investment returns.

 

 

 

 

ITEM 10.6    SF2493              160818      Review of Investment Funds Policy and Strategy

344/18 RESOLVED:        (Ainsworth/Reed)

 

1        That Council adopt the Draft Investment of Funds Policy and Investment Strategy from 16 August 2018.

 

2        That Council note the presentation from Mr Michael Chandra and Zac Wilkins from Imperium Markets.

 

 

 

 

 

ASKING OF QUESTIONS WITH NOTICE

 

What is the current capacity of each of Council’s cemetery and columbarium facilities?

 

Given the current take-up rate what is the roughly estimated date at which each facility will reach capacity?

 

When should Council consider extending the existing facilities or seek additional locations?

 

That a full response be provided back to Council.

 

QUESTIONS FOR CLOSED MEETING WHERE DUE NOTICE HAS BEEN RECEIVED

 

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

 

 

 

General Manager Report

ITEM 9.1      SF959                160818      Outstanding Actions and Reports

345/18 RESOLVED:        (Ainsworth/Wilson)

 

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

 

 

 

 

 

 

 

 

 

 

 

 

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

MOTION:      (Reed/Ainsworth)

 

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.

 

 

Amendment:       (Ainsworth/Ballangarry)

 

1        That Council undertake the process to close the section of road shown on the attached plan.

 

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 including purchase costs and that Ms Flanders be advised that the land will not have a dwelling entitlement.

 

4        Investigate the complexities of the issues including the value of the land and that Ms Flanders be advised under Section 356 of the Local Government Act.

 

The Amendment was carried and became the motion.

 

346/18 Resolved:        (Ainsworth/Ballangarry)

 

1        That Council undertake the process to close the section of road shown on the attached plan.

 

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 including purchase costs and that Ms Flanders be advised that the land will not have a dwelling entitlement.

 

4        Investigate the complexities of the issues including the value of the land and that Ms Flanders be advised under Section 356 of the Local Government Act.

 

 

 

 

 

ITEM 9.3      SF731                160818      Final Nambucca Regional Economic Development Strategy 2022

347/18 RESOLVED:        (Ainsworth/Finlayson)

 

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

 

 

 

 

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

348/18 RESOLVED:        (Finlayson/Wilson)

 

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.

 

 

 

 

Councillor Janine Reed left the meeting before the commencement of this item, the time being 6:43 PM

 

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

349/18 RESOLVED:        (Ainsworth/Finlayson)

 

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.

 

 

Councillor Janine Reed returned to the meeting at the completion of this item, the time being 6:44 PM

 

 

 

ITEM 9.6      SF2329              160818      Provision of a Mural in Bowraville

350/18 RESOLVED:        (Wilson/Finlayson)

 

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.

 

 

 

 

 

ITEM 9.7      SF2413              160818      Risk Framework and Strategic Risk Register

351/18 RESOLVED:        (Reed/Jones)

 

That the Risk Framework and Strategic Risk Register report be deferred until a workshop has been convened.

 

 

 

 

 

 

ITEM 9.8      PRF47                160818      Dawkins Park - IBIS Management

352/18 RESOLVED:        (Ballangarry/Finlayson)

 

1        Council engage external contractors to manage Australian White Ibis in Dawkins Park during the 2018/19 financial period.

 

2        That Council receive a report on the outcome of the Ibis management program at the end of the 2018/19 financial year.  This report will consider other opportunities to make the Islands less desirable to the Australian White Ibis.

 

 

 

 

 

ITEM 9.9      SF2423              160818      Undetermined Development Applications either greater than 12 months or where submissions received to 8 August 2018

353/18 RESOLVED:        (Ainsworth/Reed)

That the information contained in the report on undetermined Development Applications either greater than 12 months or where submissions received to 8 August 2018 be noted by Council.

 

 

 

 

 

ITEM 9.10    SF2423              160818      2018 July - Approved Construction and Complying Development Certificates

354/18 RESOLVED:        (Finlayson/Ainsworth)

 

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

 

 

 

 

 

ITEM 9.11    SF2423              160818      2018 July - Development and Complying Development Applications Received

355/18 RESOLVED:        (Ainsworth/Reed)

 

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

 

 

 

 

 

 

 

ITEM 9.12    SF24                  160818      Request for Donation - Nambucca Heads RSL Club for Farmers Donation Drive

356/18 RESOLVED:        (Smyth/Ainsworth)

 

1        That Council approve the Section 356 donation of $500.00, already donated due to a limited time frame, as a one-off donation to the Farmers Donation Drive.

 

2        That Council acknowledge the work undertaken by the Local Service Clubs, volunteers and the community in providing drought assistance.

 

 

 

 

 

ITEM 9.13    SF2395              160818      Regional Cultural Fund - Round 2

357/18 RESOLVED:        (Finlayson/Jenvey)

 

1        Nambucca Shire Council submit an application in Round 2 of the Regional Cultural Fund (RCF) for an “Extension of Nambucca Heads Library and Establishment of Cultural Space”.

 

2        Council use the Concept Plans and Cost Estimations prepared by Alan Rudge Architects for the application, with an adjustment on total cost based on the CPI of 2.5% – a total project cost of $1,705,000.

 

3        Council engage Annie Talve from Project Sisu, to assist in the preparation of the Business Case for the application, on an hourly rate basis, to assist Council’s Grants Officer with the application submission.

 

4        Nambucca Shire Council commit an amount of $500,000, from General Funds, plus in-kind for project management and administration, to the project, being close to 30% of the total project cost.

 

 

 

 

 

ITEM 9.14    SF1031              160818      Draft Companion Animals Policy

358/18 RESOLVED:        (Ainsworth/Reed)

 

That Council adopt the amended Companion Animals Control of Dogs and Cats Policy contained within attachment 1.

 

 

 

 

 

 

 

 

 

 

ITEM 9.15    SF941                160818      Draft Nambucca Shire Council Strategic Tourism Plan

359/18 RESOLVED:        (Wilson/Ainsworth)

 

1        That Council extends its thanks to all who participated in development of the Nambucca Shire Strategic Tourism Plan.

 

2        That Council adopt the draft Nambucca Shire Strategic Tourism Plan 2018-2023.

 

3        That the comments regarding the 12 undertakings made by Mr Stuart Holmes on behalf of Lifetime Connect Incorporated at the Council meeting on 16 March 2017, be noted and that Council sends a letter of thanks and appreciation to the volunteers who have resigned since Lifetime Connect commenced operating the Centre under lease.

 

4        That there be a report to Council in twelve months’ time on the progress of implementing the Strategic Tourism Plan.

 

 

 

 

Assistant General Manager Corporate Services Report

ITEM 10.1    SF1205              160818      Financial Reporting Review

360/18 RESOLVED:        (Ainsworth/Wilson)

 

That Council make a submission to the Australian Accounting Standards Board (AASB) requesting that financial reporting by local government be targeted more towards simplification of the preparation of Financial Statements for smaller councils and ease for users of the information to understand the results.

 

 

 

 

 

ITEM 10.2    SF1031              160818      Financial Management Policy

361/18 RESOLVED:        (Wilson/Reed)

 

That Council adopt the draft Financial Management Policy.

 

 

 

 

 

ITEM 10.3    SF35                  160818      Authority of Delegations - Mayor and Deputy Mayor

362/18 RESOLVED:        (Ainsworth/Reed)

 

That Council delegate authority to the Mayor and Deputy Mayor to perform functions in accordance with the attached list dated 16 August 2018.

 

 

 

 

 

 

7.34pm Mayor, Cr Hoban vacated the chair due to illness and Deputy Mayor, Cr Ballangarry OAM took the chair.

ITEM 10.4    SF1031              160818      Delegations

Motion:      (Ainsworth/Reed)

 

That Council refer the draft Delegations Policy and Instrument of Delegation to the General Manager to the Audit Risk and Improvement Committee.

 

Amendment:       (Jenvey/Jones)

 

1        That Council refer the draft Delegations Policy and Instrument of Delegation to the General Manager to the Audit Risk and Improvement Committee.

 

2        That Council refer to the Committee a proposal to exclude from the delegations the delegation of authority for deferred payments for developer contributions, meaning any requests for deferred payments are to come to Council for determination.

 

The Amendment was carried and became the motion.

 

363/18 Resolved:        (Jenvey/Jones)

 

1        That Council refer the draft Delegations Policy and Instrument of Delegation to the General Manager to the Audit Risk and Improvement Committee.

 

2        That Council refer to the Committee a proposal to exclude from the delegations the delegation of authority for deferred payments for developer contributions, meaning any requests for deferred payments are to come to Council for determination.

 

 

 

 

 

ITEM 10.5    SF1301              160818      Section 355 Committee Guidelines and Delegations of Authority

Motion:      (Wilson/Reed)

 

That:

 

a)       Council approve the amendments to the Section 355 Committee Guide to Operations and Delegations of Authority.

 

b)       A review of the status of the Australia Day Committee, Nambucca District Band Committee and incorporated committees be undertaken and a further report be submitted following the review.

 

c)       The policy on Conditions of Use of Sportsgrounds – Parks and Reserves be amended to include the approval of fees and charges by Council.

 

Amendment:       (Reed/Jones)

 

That the Section 355 Committee Guidelines and Delegations of Authority report be deferred for one month and that Councillors discuss their issues with Mr Hunt.

 

The Amendment was carried and became the motion.

 

 

 

364/18 Resolved:        (Reed/Jones)

 

That the Section 355 Committee Guidelines and Delegations of Authority report be deferred for one month and that Councillors discuss their issues with Mr Hunt.

 

 

 

 

Item 10.6 was dealt with under Delegations.

 

 

 

ITEM 10.7    SF2493              160818      Investment Report to 31 July 2018

365/18 RESOLVED:        (Ainsworth/Jenvey)

 

That the Accountants’ Report on Investments placed to 31 July 2018 be noted.

 

 

 

 

 

ITEM 10.8    SF340                160818      Utungun Community Hall Committee of Management - Annual General Meeting - 15 July 2018

366/18 RESOLVED:        (Jones/Jenvey)

 

That Council endorse the minutes of the Utungun Community Hall Committee of Management Annual General Meeting held on 15 July 2018 and thank the outgoing Committee for their work in the past twelve months.

 

 

 

 

 

ITEM 10.9    SF325                160818      Gordon Park Tennis Centre Committee of Management - Annual General Meeting - 26 July 2018

367/18 RESOLVED:        (Ainsworth/Reed)

 

That Council endorse the minutes of the Gordon Park Tennis Centre Committee of Management Annual General Meeting held on 26 July 2018 and thank the outgoing Committee for their work in the past twelve months.

 

 

 

 

 

 

 

 

 

ITEM 10.10   SF251                160818      Schedule of Council Public Meetings 2018

368/18 RESOLVED:        (Wilson/Reed)

 

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

 

 

 

 

Assistant General Manager Engineering Services Report

ITEM 11.1    SF1031              160818      Draft Beach Management Policy

369/18 RESOLVED:        (Ainsworth/Reed)

 

That the Draft Beach Management Policy be deferred until the next council meeting.

 

 

 

 

 

ITEM 11.2    SF1031              160818      Revision of Sustainable Fleet and Plant Policy

370/18 RESOLVED:        (Reed/Jenvey)

 

1        That Council adopt the amended Sustainable Fleet and Plant Policy (TRIM 15554/2018) noting that it replaces the current policy (TRIM 39599/2015).

 

2        That the Policy Register and website be updated accordingly.

 

 

 

 

 

ITEM 11.3    SF1676              160818      2017-18 Capital Works Program Monthly Report

371/18 RESOLVED:        (Ainsworth/Finlayson)

 

1        That Council receive and note the information pertaining to the finalisation of the 2017/2018 Capital Works Program at 30 June 2018.

 

2        That Council place the amount of $358,610.00 emanating from savings within the bridge replacement program into the bridge development reserve towards the pilot program for the development and construction of green bridges.

 

3        That Council revote the Engineering Services allocations into the 2018/19 program as follows:

 

W3235         Eungai - Bush Fire Brigade Station                                                  $17,757

W3053         Valla Beach Reserve Amenities                                                        $63,124

W3074         V-Wall Lighting/Footpath rehabilitation/Upgrade                     $39,325

W3085         Lanes Bridge                                                                                   $137,582

W3098         Gumma Road (from River street)                                                      $84,717

W3093         Scotts Head Road                                                                   $72,771

W3203         Mann Street to roundabout                                                              $154,547

W2213         Macksville Lane (Forresters Lane)                                                    $9,632

W3077         Footpaths & Bike Tracks - Nelson Street (Linemarking to come)       $9,088

P5791          Rangers vehicle                                                                                $36,166

 

4    That Council revote the allocations for other departments and special projects into the 2018/19 program as follows:

 

W2677         CZMP Action (Scotts Head Surf club Precinct LLS OEH NCHP)         $89,349

W3268         Scotts Head Tennis Club - Lights/Drainage etc (W3268)           $30,090

W3047         Dawkins Park                                                                                    $183,453

W2305         Macksville Streetscape Revitalisation                                              $293,760

W3066         Deep Creek Boat Ramp                                                                     $17,311

W3238         "Boating Now" - RSL Carpark/Boat ramp                                          $23,122

W2854         Nambucca Heads Surf club Protection - Stage 2                               $322,037

W2411         "Boating Now" Gordon Park                                                             $375,803

W3258         Macksville Park (Lighting installation, Kitchen

                   Upgrade & Security Fencing)                                                           $278,394

W3064         Gumbayngirr Park BBQ Renewal                                                      $2,260

W3104         Bowraville Connections  - Stage 1                                                    $42,869

W3241         CCTV Monitoring - Waste Facility                                                     $7,229

W3280         Scotts Head 4WD Access                                                                 $25,000

 

 

 

 

Councillor David Jones left the meeting before the commencement of this item, the time being 7:56 PM

 

ITEM 11.4    T020/2018           160818      Tender 020/2018 - Field Lighting Coronation Park and Macksville Park

372/18 RESOLVED:        (Jenvey/Smyth)

 

That Council:

a)       Accept the tender submitted by Alan Kneale Electrical Pty Ltd

b)       Receive and note the information contained within the confidential report

c)       Updates the Contracts Register.

d)       Allocates $126,950 from working funds as the Council contribution for the Coronation Park lighting project in accordance with the funding agreement.

e)       Allocate $71,000 from working funds as the Council contribution for the Macksville Park – Lighting installation, Kitchen upgrade and security fencing project in accordance with the funding agreement.

 

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

 

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

Total (8)

Against the Motion:                Nil

Total (0)

 

Councillor David Jones returned to the meeting at the completion of this item, the time being 7:57 PM

 

 

 

 

 

 

ITEM 11.5    SF453                160818      Waste Management Quarterly Report April - June 2018

373/18 RESOLVED:        (Reed/Ainsworth)

 

That Council receive and note the information provided in the Waste Management Quarterly Report for the period 1 April – 30 June 2018.

 

 

 

 

 

ITEM 11.6    SF90                  160818      Nambucca Shire Traffic Committee Meeting Minutes - 7 August 2018

374/18 RESOLVED:        (Jones/Ainsworth)

 

1        That Council receive and note the agenda and minutes emanating from the Nambucca Shire Traffic Committee held on the 5 June 2018.

 

2        i         That Council endorse the Temporary Road Closure Application from Drag-Ens Hot Rod Club to conduct the annual Hot Rod Display between 8.00am and 1.00pm on Saturday 6 October 2018 and offer the following additional approvals as follows:

 

·    Bowra Street and Mann Street Nambucca Heads – Ridge Street to West Street

·    Saturday 5 October 2019 and Saturday 3 October 2020

 

 

          ii        That Council notes the following information has been received for the above event:

 

·    Certificate of Currency for Public Liability Insurance

·    Traffic Management Plan confirming Accredited Traffic Controllers will be on site, and

·    Police and Roads and Maritime Services approval for the road closures.

 

          iii       The applicant must reapply if there are any changes to the approved application ie times, routes and dates.

 

3        i         That Council endorse the Temporary Road Closure Application from Macksville RSL Sub Branch to conduct the Remembrance Day 100 Year Anniversary, Sunday 11 November 2018 as follows:

 

·    Princess Street          Station Street  to River Street            10.00am to 10.30am

·    Wallace Street           Princess Street to Cooper Street       10.00am to 10.30am

·    Cooper Street            Partridge Street to River Street          10.00am to 10.30am

·    River Street               Princess Street to Cooper Street       9.00am to midday

 

          ii       That Council notes the following information will be received for the above event:

 

·     Certificate of Currency for Public Liability Insurance

·     Traffic Management Plan confirming Accredited Traffic Controllers will be on site, and

·     Police and Roads and Maritime Services approval for the road closures.

·     Road Occupancy License from RMS

 

          iii      The applicants advise the non event Community of the Giinagay Way Road Closure for at least one week prior to the event via VMS Board on the approaches to Macksville.

 

 

4        i        That Council approve a request from the Macksville Cycle Club to conduct the Brian Cockbain Ride Around the River 2018, noting the following has been received:

 

·     Certificate of Currency for Public Liability Insurance

·     Traffic Management Plan confirming Accredited Traffic Controllers will be on site.

 

ii        That Council endorse temporary road closures for the Brian Cockbain Ride Around the River to be held between 7.15 am and 8.30 am on Sunday 23 September in Macksville as follows:

 

·    River Street (East) - Pacific Highway to Willis Street;

·    Princess Street – Winifred Street to River Street;

·    Wallace Lane;

·    Macksville Bridge - Pacific Highway, Wallace Street and Princess Street, from Ferry Street to Mackay Street for 10 minutes between 8.00 am and 8.15am; and

·       Subject to organisers gaining Police and Roads and Maritime Services approval for the road closures.

 

5        i        That Council approve a request from the Australia Day Organising Committee for the following temporary road closures on Australia Day, Friday 26 January 2019 and offer additional approvals for 2019 and 2020.

 

a)  The access road through Gordon Park to hold the Australia Day event between 5.00 am and 4.00 pm.

b) Wellington Drive (from Gordon Park to the V Wall) for short periods only between 7.00 am and 10.00 am.

 

          ii        That Council approval for the Australia Day Carnival is subject to the following information being received by Council at least 2 weeks prior to the event:

 

·    Certificate of Currency for Public Liability Insurance with a minimum of $20M;

·    Traffic Management Plan confirming Accredited Traffic Controllers will be on site; and

·    Police and Roads and Maritime Services approval for the road closures.

 

iii       That the applicants reapply if there are any changes to the approved application ie times, routes or dates.

 

6                 That Council implement the following parking restrictions on Adin Street, Scotts Head:

 

a)       3 - 9 Adin Street                       - 1 hour parking    Mon - Sun 8.30am-5.00pm

b)       Adjacent to Village Green        - 2 hour parking    Mon - Sun 8.30am-5.00pm

 

 

7        i        That Council does not implement a Shared Zone in River Street, Macksville.

 

          ii       That Council considers installation of Traffic Calming Devices in River Street, Macksville.

 

          iii      That Council contact John Holland to formally request an increase to the load capacity of bridge OBN51552A, the over bridge on Taylors Arm Road.

 

8        i        That Council extend the time limit of 75 parking spaces in Macksville from 1 hour to 2 hour parking.

 

 

 

 

 

          ii        That Council approve a request from the Drag-ens Hot Rod Club to close River Street, Macksville to conduct the Birdman Event, noting the following has been received:

 

·     Certificate of Currency for Public Liability Insurance

·    Traffic Management Plan confirming Accredited Traffic Controllers will be on site.

 

          iii       That Council endorse temporary road closures for Birdman Event to be held between 8.00 am and 2.00 pm on Tuesday 2 October in Macksville as follows:

 

·           River Street (East) - Pacific Highway to East Street;

River Street (West) - Pacific Highway to Princess Street

 

 

 

 

Assistant General Manager Engineering Services Report - LATE

ITEM 11.7    T025/2018           160818      Quotation T025/2018 - Local Government Procurement for 2018/19 Road Rehabilitation Program

375/18 RESOLVED:        (Reed/Ainsworth)

 

1        That Council accept the quotation submitted by Stabilcorp for T025/2018 for the 2018/19 Road Rehabilitation Program.

 

2        That a provision be allowed for a 12 month extension to quotation T025/2018 based on satisfactory supplier performance, which may take this contract through to 30 August 2020.

 

3        That Council receive and note the information contained within the confidential report.

 

4        That Council update the Contract Register.

 

 

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

 

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

Total (9)

Against the Motion:                Nil

Total (0)

 

 

    

COUNCIL IN CLOSED MEETING (CLOSED TO THE PUBLIC)

376/18 RESOLVED:        (Jenvey/Ballangarry)

 

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

 

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

 

Reason reports are in Closed Meeting:

 

 

 

Assistant General Manager Engineering Services Report

For Confidential Business Paper in Closed Meeting

ITEM 12.1    SF2432              160818      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.

 

 

 

For Confidential Business Paper in Closed Meeting

ITEM 12.2    SF1549              160818      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 12.3    SF1437              160818      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.

 

 

 

For Confidential Business Paper in Closed Meeting

ITEM 12.4    EF50052             160818      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.

 

 

 

 

For Confidential Business Paper in Closed Meeting

ITEM 12.5    SF761                160818      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.

 

 

 

For Confidential Business Paper in Closed Meeting

ITEM 12.6    T025/2018           160818      Confidential - Quotation T025/2018 - Local Government Procurement for 2018/2019 Road Rehabilitation Program

It is recommended that the Council resolve into closed session with the press and public excluded to allow consideration of this item, as provided for under Section 10A(2) (d) of the Local Government Act, 1993, on the grounds that the report contains commercial information of a confidential nature that would, if disclosed (i) prejudice the commercial position of the person who supplied it; or (ii) confer a commercial advantage on a competitor of the Council; or (iii) reveal a trade secret.

 

 

 

CLOSED MEETING

 

The Ordinary Council Meeting's Meeting IN CLOSED MEETING commenced at 8.04 pm.

 

RESUME IN OPEN MEETING

377/18 RESOLVED:        (Jenvey/Smyth)

 

That Ordinary Council Meeting resume in Open Meeting. The Ordinary Council Meeting resumed IN OPEN MEETING at 8.22 pm.

 

 


 

FROM COUNCIL IN CLOSED MEETING

 

Assistant General Manager Engineering Services Report

For Confidential Business Paper in Closed Meeting

Councillor David Jones left the meeting before the commencement of Item 12.1, the time being 8:04 PM

 

ITEM 12.1    SF2432              160818      Tender 020/2018 Field Lighting Coronation Park and Macksville Park - Confidential Report

378/18 RESOLVED:        (Ainsworth/Reed)

 

That Council note the information in Item 12.1 Tender 020/2018 Field Lighting Coronation Park and Macksville Park - Confidential Report.

 

 

Councillor David Jones returned to the meeting at the completion of this Item 12.1, the time being 8:05 PM

 

 

For Confidential Business Paper in Closed Meeting

ITEM 12.2    SF1549              160818      Incidents Pertaining to Regulatory Non-Compliance, Fines, Penalties, Prosecutions, Potential Major Claims or Loss of Reputation

379/18 RESOLVED:        (Ainsworth/Wilson)

 

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 12.3    SF1437              160818      Stuart Island - Renewal of Lease to Golf Club

380/18 RESOLVED:        (Smyth/Jenvey)

 

1        Council enter into a 12 month lease for the use of Stuart Island by the Nambucca Heads Island Golf Club in accordance with the proposed terms outlined in the report.

 

2        That Council seek to convene a meeting with the nominated stakeholders being the Native Title claimants, the Nambucca Heads Island Golf Club, Crown Lands and the Crown Solicitor with a view to reaching agreement for the long term use and tenure of all or part of the Crown land on Stuart Island.

 

3        The Mayor, General Manager and Manager Business Development be provided with delegated authority to enter into any long term agreement which might be negotiated pursuant to point 2. of this resolution.

 

 

 

 


 

For Confidential Business Paper in Closed Meeting

ITEM 12.4    EF50052             160818      Payment of Funeral Expenses

381/18 RESOLVED:        (Wilson/Ainsworth)

 

That Council note the arrangements for the payment of funeral expenses and reimburse from working funds the Safety and Welfare Expenses budget for the sum listed in the report.

 

 

 

 

For Confidential Business Paper in Closed Meeting

ITEM 12.5    SF761                160818      Lease to Optus Mobile - Palmer Street, Nambucca Heads

MOTION:      (Ainsworth/Reed)

 

That Council enter into a new lease for a term of 20 years (4 x 5 year leases) commencing on 31 May 2018 with Optus Mobile Pty Ltd for the use of Council’s Water Reservoir site at Palmer Street, Nambucca Heads in accordance with the terms outlined in the report.

 

Amendment:       (Smyth/Jenvey)

 

That Item 12.5 be deferred until the General Manager comes back with more information regarding options to improve wireless service in Nambucca Heads.

 

The amendment was carried and became the motion.

 

382/18 Resolved:        (Smyth/Jenvey)

 

That Item 12.5 be deferred until the General Manager comes back with more information regarding options to improve wireless service in Nambucca Heads.

 

 

For Confidential Business Paper in Closed Meeting

ITEM 12.6    T025/2018           160818      Confidential - Quotation T025/2018 - Local Government Procurement for 2018/2019 Road Rehabilitation Program

383/18 RESOLVED:        (Reed/Ainsworth)

 

1        That Council accept the quotation submitted by Stabilcorp for T025/2018 for the 2018/19 Road Rehabilitation Program.  The cost is anticipated to be in the order of $1.5M.

 

2        That a provision be allowed for a 12 month extension to quotation T025/2018 based on satisfactory supplier performance, which may take this contract through to 30 August 2020.

 

3        That Council update the Contract Register.

 

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

 

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

Total (9)

Against the Motion:                Nil

Total (0)

 

 

 

 

CLOSURE

                                               

There being no further business the Mayor then closed the meeting the time being 8.23 pm. 

 

Confirmed and signed by the Mayor on 30 August 2018.

 

 

 

 

 

 

Cr Rhonda Hoban

MAYOR

(CHAIRPERSON)

 

     


Ordinary Council Meeting                                                                                                 30 August 2018

Notice of Motion

ITEM 5.1      SF2433            300818         NOTICE OF MOTION - Request for Report on Otta Sealing

 

AUTHOR/ENQUIRIES:    Rhonda Hoban, Councillor; Paul Gallagher, Assistant General Manager - Engineering Services         

 

Summary:

 

Bellingen Shire Council is currently constructing and trialling an Otta seal on Summervilles Road, Bellingen. Like Nambucca Shire Council, Bellingen Shire Council receives requests for sealing in rural areas where dust and road degradation are a continuing issue.

 

An Otta seal is formed by adding graded aggregate to a soft bituminous binding agent, usually emulsified asphalt. Otta seal is more durable than many alternative seals as it is impermeable and resistant to cracking from the sun’s radiation. A Google search indicates that Otta seal performs better than many other seals and can be expected to last 50 to 60 percent longer than a chip seal. There are varying claims relating to its longevity with some sites claiming a lifespan between 6 and 12 years if properly maintained while others claim an Otta seal will last up to 25 years. The seal can be used in any climate and is primarily used in places that do not have strict requirements for strength, grading, particle shape, binder adhesion, and dust content and expect relatively low traffic (up to 500 vehicles per day). Currently Otta seal is most prevalent in Norway, Sweden, Iceland, and Botswana and common in Bangladesh, Australia, and parts of Africa. A comparison between Otta seal and conventional seal produced by Narrandera Shire Council is attached.

 

Bellingen Shire Council has estimated that the cost of sealing 250 metres of road with an Otta seal is $32,000 compared to $60,000 for a standard bitumen chip seal.

 

It is not recommended that Council trial this seal, but rather receive a report from staff and monitor the performance of Bellingen Shire Council’s trial.

 

 

Recommendation:

 

1        That Council receive a brief report outlining the Engineering Department’s view of the feasibility of the use of Otta seals on low traffic volume roads.

 

2        That Council liaise with Bellingen Council and keep a watching brief on the success or otherwise of their Otta seal trial.

 

 

 

Comment from Assistant General Manager Engineering Services

 

Council investigated Otta seals in May 2015 following a presentation by Fulton Hogan at an IPWEA Regional Forum.  A representative from Fulton Hogan visited the Shire to inspect a number of roads that staff had identified as continual complaint areas of dust and corrugation.  At the time Council were going through the organisation restructure and there was resistance from staff to buy in on new technology and products being touted.  Fulton Hogan were showcasing the Otta seals, but had not introduced the product to Australia and advised it would be around twelve months before they had the product and plant and equipment required to deliver the product.  The Otta seal also needed to be balanced with the NSC gravel and road alignments.  The advice provided at the time was that best results were obtained on flat straight road conditions (in the NZ trials) and further design was required for steeper inclines and tight curve road alignments which are basically the roads in the rural areas of the Nambucca Shire.

 

The Assistant General Manager Engineering Services discussed the Otta seal with a NZ Nams Council colleague from the Gisborne District Council in 2016 at a meeting in Melbourne and he advised that the Otta seal was widely being used in New Zealand and had been for at least 10 years with good results.  They are generally used on low traffic, granular, unsealed pavements, as a way to eliminate dust. 

 

In New Zealand the Otta seal demonstrated a lifecycle costs significantly less than other conventional alternatives for gravel pavements.

 

Recent dialogue with Fulton Hogan advises the best time of using the Otta seal is during the summer period when temperatures are high, and they have indicated that the company is still prepared to undertake some trial areas in the Nambucca Shire Local Government Area providing Council provide the plant and equipment. 

 

Council has a capital gravel resheeting program and it would be prudent to use some of the identified areas as there would be a minimal cost involved considering the budget allocation covers the cost of gravel and plant and equipment.  The attached report was prepared in 2009 on the use of long term dust suppression using the Otta seal technique in New Zealand.

 

Attachments:

1

30280/2018 - Otta Seal vs Conventional Seal

 

2

30504/2018 - NZ Transport Agency Report - Otta seal technique

 

  


Ordinary Council Meeting - 30 August 2018

NOTICE OF MOTION - Request for Report on Otta Sealing

 


 


Ordinary Council Meeting - 30 August 2018

NOTICE OF MOTION - Request for Report on Otta Sealing

 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 

       


Ordinary Council Meeting                                                                                                 30 August 2018

General Manager's Report

ITEM 9.1      SF600              300818         Report of Error in Minutes of Council's Meeting on 16 August 2018 - Item 9.2 - Request by Lesley Flanders to Purchase Land West of the Bowraville Racecourse

 

AUTHOR/ENQUIRIES:    Michael Coulter, General Manager         

 

Summary:

 

Council has received a report of an error in the minutes for item 9.2 in Council’s meeting on 16 August 2018.

 

It is apparent that an error did occur but notwithstanding the Council voted on an amendment and a motion containing the erroneous wording.  As a matter of principle an error made in the compilation of the minutes on the screen at a meeting should not be made good by a subsequent vote or votes.

 

 

Recommendation:

 

That the minutes of item 9.2 in Council’s meeting on 16 August 2018 be corrected with the words with strikethrough to be removed:

 

MOTION:     (Reed/Ainsworth)

 

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.

 

Amendment:       (Ainsworth/Ballangarry)

 

1        That Council undertake the process to close the section of road shown on the attached plan.

 

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. including purchase costs and that Ms Flanders be advised that the land will not have a dwelling entitlement.

 

4        Investigate the complexities of the issues including the value of the land and that Ms Flanders be advised under Section 356 of the Local Government Act.

 

The Amendment was carried and became the motion.

 

1/18 Resolved(Ainsworth/Ballangarry)

 

1        That Council undertake the process to close the section of road shown on the attached plan.

 

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. including purchase costs and that Ms Flanders be advised that the land will not have a dwelling entitlement.

 

4        Investigate the complexities of the issues including the value of the land and that Ms Flanders be advised under Section 356 of the Local Government Act.

 

 

OPTIONS:

 

The Council could accept the minutes in the form they were published.

 

The Council could deal with the matter via a rescission motion, although this would not seem necessary when the Council has the opportunity to adopt its minutes.

 

Section 375 of the Local Government Act states that the Council must ensure that full and accurate minutes are kept of the proceedings of a meeting of the council.

 

DISCUSSION:

 

The minutes of the last Council meeting relating to this item were recorded as:

 

MOTION:     (Reed/Ainsworth)

 

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.

 

Amendment:       (Ainsworth/Ballangarry)

 

1        That Council undertake the process to close the section of road shown on the attached plan.

 

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 including purchase costs and that Ms Flanders be advised that the land will not have a dwelling entitlement.

 

4        Investigate the complexities of the issues including the value of the land and that Ms Flanders be advised under Section 356 of the Local Government Act.

 

The Amendment was carried and became the motion.

 

2/18 Resolved:   (Ainsworth/Ballangarry)

 

1        That Council undertake the process to close the section of road shown on the attached plan.

 

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 including purchase costs and that Ms Flanders be advised that the land will not have a dwelling entitlement.

 

4        Investigate the complexities of the issues including the value of the land and that Ms Flanders be advised under Section 356 of the Local Government Act.

 

Council has received an email from Anne Gillin from Nambucca Valley Legal who attended the meeting with her client.  Her email states as follows:

 

“We believe there is an error in the draft minutes.

 

The writer attended the meeting with our client and our understanding of the proceedings is as follows:

 

-     The Mayor proposed an amendment to Recommendation 3, by adding the words “including purchase costs and that Ms Flanders be advised that the land will not have a dwelling entitlement”.

-     The Mayor then decided to abandon the amendment, but requested that the wording be retained in Council’s minutes for future reference.  Therefore Recommendation 3 should have read:

 

“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.”

 

We note that the amended wording remained on the screen, but the Mayor did state that the proposed amendment would be abandoned.

 

-     A further amendment was then proposed – to add Recommendation 4.

 

We note that in the draft minutes published on Council’s website today, the Resolution includes the amendment to item 3 that was abandoned by the Mayor.

 

Your early reply would be appreciated.”

 

The matter was raised with the Mayor who moved the amendment who confirms she withdrew her amendment for the reason that the new point 4 captured her concerns.

 

Notwithstanding as noted by Ms Gillin the wording from the Mayor’s amendment remained on screen and there was further discussion and comment about it.

 

The same wording as was shown on the screen was subsequently put to the vote twice as both an amendment and a motion.

 

The question as to what should be in the minutes does depend upon whether or not all Councillors had read the screen and whether or not they were aware of the erroneous wording.

 

Ms Gillin’s account is accepted and given it is impossible to know whether or not Councillors accepted the erroneous wording by reading it on the screen it is recommended that the minutes be corrected in the manner suggested by Ms Gillin.

 

As a matter of principle an error made in the compilation of the minutes on the screen at a meeting should not be made good by a subsequent vote or votes.

 

CONSULTATION:

 

There has been consultation with Cr Ainsworth, the Mayor and Ms Anne Gillin.

 

Cr Ainsworth understood that the Mayor’s concerns about purchase costs and a dwelling entitlement were included in the amendment and subsequent motion which suggests at least from his point of view that the minutes as published were correct.

 


 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are no implications for the environment.

 

Social

 

There are no social implications.

 

Economic

 

There are no economic implications.

 

Risk

 

There are risks if Council does not accurately record its meetings.  This would mean that Council has breached the Local Government Act.  These risks could include complaints to the Office of Local Government or to the Ombudsman.  However if people were to act on the erroneous minutes and suffer a loss there can be a financial liability.

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

There are no budgetary implications.

 

Working funds – justification for urgency and cumulative impact

 

There are no implications for working funds.

 

Service level changes and resourcing/staff implications

 

There are no service level implications.

 

Attachments:

There are no attachments for this report.


Ordinary Council Meeting                                                                                                 30 August 2018

General Manager's Report

ITEM 9.2      SF317              300818         Management of Macksville Park

 

AUTHOR/ENQUIRIES:    Michael Coulter, General Manager         

 

Summary:

 

The Council has received a number of complaints from a user group and individual users concerning the operation of the Committee of Management; the standard of the amenities, their cleanliness and lack of amenities for females playing team sports.

 

As Council substantially increases its financial investment in the Park and its level of usage increases the apparent issue is whether the traditional volunteer based Section 355 Committee will be an adequate governance system for the future.  This is particularly the case for multi-user facilities where sporting codes will have conflicts over ground hire and the use of the facility generally.

 

 

Recommendation:

 

That Council note the inspection of the Macksville Park amenities and the information in this report.

 

 

OPTIONS:

 

In relation to the future management of the park the Council has a number of options.

 

If there is a consensus that there should be an investigation of new operating arrangements then it is suggested that there be a further report looking at options which could be applied to Macksville Park and other multi-user facilities if required.

 

Alternative operating models will cost users more but there will be an improved level of service.  The appropriate trade-off between cost and level of service is primarily a matter for the sporting codes which use the park.

 

 

DISCUSSION:

 

An inspection of the park has been scheduled for 3pm on the afternoon of this Council meeting.

 

The Council has received a number of complaints from a user group and individual users concerning the operation of the Committee of Management; the standard of the amenities, their cleanliness and lack of amenities for females playing team sports.

 

Some, but not all of the complaints come from the Macksville Falcons Touch Football Association.

 

The Macksville Park and Sports Committee of Management is charged with amongst other things responsibility for the control of the sporting areas and facilities at Macksville Park and their allocation to respective sporting organisations.  They are also responsible for maintaining, improving and protecting the grounds, buildings and fittings and regulating the casual hiring of the grounds and premises.

 

The Park is a multi-user facility and historically the Committee of Management has contained members representative of its major users, being rugby league, touch football, the Macksville Gift, cricket and in the past AFL.

 

In late 2017 the General Manager, Grants Officer and Technical Officer Assets undertook an inspection of the facilities in response to complaints concerning the lack of cleanliness of the amenities and change rooms.  The inspection supported the concerns of the complainant in that the facilities were generally in a poor state of cleanliness/tidiness.

 

The Committee was advised that if Council continues to receive complaints then other options would need to be considered which may include Council stipulating user fees sufficient to cover periodic cleaning.

 

More recently there have been complaints from the Macksville Falcons Touch Football Association in relation to aspects of the Park’s operation and also grounds maintenance undertaken by Council staff.  In summary their recent concerns are:

 

·      Consultation with user groups regarding the painting of the inside of the renovated canteen

 

·      Park booking service – they report that the booking service is not being utilised as it should.  They have been looking at the parks booking calendar trying to plan trials but there are no other bookings listed for Willis Street or Allan Gillet oval.  They selected dates for trials that were not booked but have been forced to change dates twice as they have found out that junior league are training on Willis Street.  The Touch Football Association offered assistance in adding bookings to the calendar.

 

·      With the fencing around the major building there were discussions concerning having two openings to cater for the 1,000 people using the facility (for touch football).  Installation of the fencing then occurred with apparently allowance for one opening only.  They are seeking an extra gate be retrofitted.

 

·      There were concerns expressed in relation to work undertaken by Council staff in attending to the seasonal maintenance of the turf and making good so areas of wear.

 

Some time ago Council set reasonable water allocations for Committees of Management as a consequence of Committees not attending to water leaks and the like.  The limit which was set for the Park has now been well exceeded with an invoice for water consumption of $982.64 issued to the Committee of Management.  A representative of the Committee has advised that the water allocation has been exceeded principally because of additional field watering required by the Touch Football Association.  The invoice remains unpaid.

 

The Council has not received the minutes of the Committee’s Annual General Meeting held on 17 July 2017 nor is there any evidence that an Annual General Meeting has been held in 2018 (so far).

 

With the increased participation of females in sports like Touch Football there are issues with the traditional male oriented amenities at the Park.  Council’s Technical Officer Assets is very aware of this issue and is investigating options to upgrade amenities which consider increased female participation.

 

As Council substantially increases its financial investment in the Park and its level of usage increases the apparent issue is whether the traditional volunteer based Section 355 Committee will be an adequate governance system for the future.  This is particularly the case for multi-user facilities where sporting codes will have conflicts over ground hire and the use of the facility generally.  The complaints listed in this report are examples of that.

 

Employing a ground caretaker on a part time basis and/or contract cleaners will substantially increase the operating costs for the Park.  Some or all of these costs could be passed on to the users.  It is currently the case that the financial contribution made by users to the up keep of the facility is minor compared to the membership fees paid to sporting organisations which utilise the facility.

 

If there is a consensus that there should be an investigation of new operating arrangements then it is suggested that there be a further report looking at options which could be applied to Macksville Park and other multi-user facilities if required.

 

 

CONSULTATION:

 

There has been consultation with the users, with a representative of the Committee of Management, with Council’s Technical Officer Assets and with Council’s Green Space Coordinator.

 

Council’s Green Space Coordinator has taken issue with the complaints about the condition of the Willis Street field and notes the following work which has been done:

 

·      Annual broad leaf weed control on all fields

·      Top dressing of fields, within budgetary constraints

·      Aerating annually

·      Army grub control annually or bi-annually if required

·      Liming

·      Soil testing

·      Fertilising

·      Re-turfing of dead patches

·      Planting of shade trees

·      Removal of dangerous park infrastructure (exclusion fencing) replacement with slide gate and vehicle exclusion bollards

·      Installation of seating (2nd hand bridge timber seats)

 

According to the Green Space Coordinator, the tractor operator who has mown the field for many years, has stated the field is in the best condition that he has ever experienced, with good turf coverage retained through the extreme dry weather we have recently experienced. Historically the Willis St field had a large dead area of turf in the north western area, possibly a result of an acid sulphate substrate, but this is slowly improving through annual turf renovation.

 

The Coordinator’s assessment of the field relative to others on the Coffs Coast is very favourable, only being surpassed by a major regional centre like the Coffs Stadium.

 

SUSTAINABILITY ASSESSMENT:

 

Environment

There are no implications for the environment.

 

Social

There are no significant social implications.

 

Economic

There are no significant economic implications.

 

Risk

The risks are outlined in the report.

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

At this stage there are no budgetary impacts.  Employing a ground caretaker on a part time basis and/or contract cleaners will substantially increase the operating costs for the Park.  Some or all of these costs could be passed on to the users. 

 

Working funds – justification for urgency and cumulative impact

This report has no impact on working funds.

 

Service level changes and resourcing/staff implications

There are no staffing resources available in Council to increase support to the Committee of Management.

 

Attachments:

There are no attachments for this report.


Ordinary Council Meeting                                                                                                 30 August 2018

General Manager

ITEM 9.3      SF959              300818         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.

 

23/8/18 – IWCM strategy Workshop conducted 16 August 2018. Public Works are now correlating a revised report based on the comments emanating from the workshop.

 

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.

 

22/08/18 – Delayed until September 2018 due to other work commitments.


 

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 downstream 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

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.

12

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.

 

 

13

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

14

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.

15

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.

JUNE 2018

16

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

JULY 2018

17

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

18

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

19

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.

20

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.

AUGUST 2018

21

SF2433

16/08/18

Council review the appointment of an Acting GM in six months.

 

GM

Report in February 2019

22

SF2433

16/08/18

Council refer the draft Delegations Policy and Instrument of Delegation to the GM to the Audit Risk & Improvement Committee.  That Council refer to the Committee a proposal to exclude from the delegations the delegation of authority for deferred payments for developer contributions, meaning any requests for deferred payments are to come to Council for determination.

 

AGMCS

Report in October 2018

23

 

16/08/18

QWN – what is the current capacity of cemeteries and columbariums? When will each facility reach capacity? When should Council consider extending the facilities or seek additional locations.

 

GM

Report in October 2018

24

SF2413

16/08/18

That the Risk Framework and Strategic Risk Register be deferred until a workshop has been convened.

 

GM

22/08/18 Workshop to be convened.

25

SF1301

16/08/18

The S355 CoM delegations of authority be deferred to one month and that Councillors discuss their issues with the AGMCS.

 

AGMCS

Report in September 2018

26

SF1031

16/08/18

The draft Beach Management Policy be deferred until the next council meeting.

 

AGMES

Report in August 2018

27

SF761

16/08/18

That the lease to Optus mobile in Palmer St be deferred until the GM comes back with more information regarding options to improve the wireless service in Nambucca Heads.

 

GM

Report in September 2018

Attachments:

There are no attachments for this report.

 


Ordinary Council Meeting                                                                                                 30 August 2018

General Manager's Report

ITEM 9.4      SF770              300818         Inquiry into the Impact of Expenditure Caps for Local Government Election Campaigns

 

AUTHOR/ENQUIRIES:    Michael Coulter, General Manager         

 

Summary:

 

The NSW Parliament’s Joint Standing Committee on Electoral Matters is conducting an inquiry into the impact of expenditure caps for local government election campaigns.

 

Applying current expenditure caps in the Electoral Funding Act 2018 to the Nambucca LGA means, by way of example, an independent ungrouped candidate can spend $25,000 on their campaign for a general election and an ungrouped mayoral candidate can spend $30,000 on their campaign.  This expenditure compares with the remuneration to councillors of $11,860 and $37,740 for the Mayor.

 

An alternate approach to determining the “reasonableness” of expenditure caps could be to link them to the council categories used by the Local Government Remuneration Tribunal and to fix them as a proportion of councillors’ remuneration, say the equivalent of 12 months’ remuneration applicable to that council at the time of the election.

 

For Nambucca Shire Council this would mean the expenditure cap for an independent upgrouped candidate would fall from $25,000 to $11,860.

 

It is also proposed that candidates not benefit from external funding whether it be from political parties or third-party campaigners.  This does not mean that candidates could not be endorsed by a party or a third party campaigner nor benefit from volunteer assistance, but rather that their campaign funding could not benefit from external financial assistance.

 

 

Recommendation:

 

1        That Council make a submission to the Inquiry into the Impact of Expenditure Caps for Local Government Election Campaigns suggesting:

 

a        An alternate approach to determining the “reasonableness” of expenditure caps by linking them to the council categories used by the Local Government Remuneration Tribunal and fixing them as a proportion of councillors’ remuneration, say the equivalent of 12 months’ remuneration applicable to that council at the time of the election.

 

b        Candidates not benefit from external funding whether it be from political parties or third-party campaigners.

 

2        That Council provide Local Government NSW with a copy of its submission.

 

 

OPTIONS:

 

The content of any submission Council makes to the inquiry into the impact of expenditure caps for local government election campaigns is a matter for Council.  There are a number of competing considerations including what is a reasonable cap to “prevent expenditure arms races” and also the extent to which expenditure by political parties and third party campaigners should be allowed.

 

Some years ago the State Government legislated to prevent councillors from serving as members of State parliament for the reason of conflict of interests.  However similar conflicts may pertain to political parties principally operating at the State and Federal levels wherein party policy may dictate a certain position which whilst being in the state or national interest may not be in the local interest.  The alternate view is that in a democracy councillors should be free to associate and identify with political parties as being broadly representative of their views.

 

Given the significant differences in the size of councils (and the remuneration of councillors) what is reasonable in the Nambucca local government area may not readily apply to a large city council.  In this respect the arbitrary selection of a population of 200,000 may not be representative of this.

 

Depending upon a person’s assessment of reasonableness there is an almost infinite array of options which could be put in a submission.

 

The Council also has the option of not making a submission.

 

DISCUSSION:

 

The NSW Parliament’s Joint Standing Committee on Electoral Matters is conducting an inquiry into the impact of expenditure caps for local government election campaigns.  The terms of reference for the inquiry are as follows:

 

“That the Committee inquire into and report on the impact of the expenditure caps for local government election campaigns on local government areas and wards with different populations, with particular reference to:

 

a)   Whether the current expenditure caps are adequate;

b)   Whether the number of enrolled electors in a ward or local government area is the best method to calculate expenditure caps; and

c)   Whether the current divisions around the number of enrolled electors on which the expenditure cap is calculated are adequate.”

 

The Council has been invited to make a submission and the closing date for submissions is Friday 14 September 2018.

 

An associated media release from the Chair of the Committee, the Hon. Dr Peter Phelps MLC states as follows:

 

What will be the impact of expenditure caps on local government election campaigns?  The NSW Parliament’s Joint Standing Committee on Electoral Matters has adopted a new inquiry to look into the issue.

 

The Committee will look at the impact of these expenditure caps for local government campaigns in more detail.  In particular, the Committee wants to review the differences for local government areas and wards with different populations.  It is interested in whether there are alternative methods to calculate the expenditure caps.

 

“The Government introduced the caps to ensure a level playing field for everyone in local government elections.  They will prevent expenditure arms races, particularly in tightly contested areas”, explained the Hon Dr Peter Phelps MLC, the Committee Chair.  The caps are outlined in the Electoral Funding Act 2018.

 

“However, the Government also recognised that this is a complex area and has asked the Committee to consider the matter.  While some costs will be fixed, others may vary depending on the number of electors in a ward of local government area.”

 

The Committee is currently calling for submissions from a wide range of stakeholders, including members of the public and will hold a hearing in October.

 

The Committee welcomes submissions from anybody with an interest in this area within New South Wales or other jurisdictions with similar processes.

 

The closing date for submissions is 14 September.

 

Further information about the inquiry can be found on the Committee’s website at:

 

http://www.parliament.nsw.gov.au/electoralmatters

 

The applicable caps on electoral expenditure for local government election campaigns are set out in Section 31 of the Electoral Funding Act 2018 which came into force in May this year.  The Section has some complexity as a consequence of its differentiation between parties, independents; the number of people in a local government area or ward; general elections or by-elections; mayoral elections and the role of third party campaigners.

 

In summary the caps are:

 

Parties with candidates in a general election

The applicable cap for a party that endorses candidates for election is the sum of the following:

(a)      $5,000 multiplied by the number of wards in which the party has endorsed candidates,

(b)      $5,000 multiplied by the number of local government areas not divided into wards in which the party has endorsed candidates.

 

Party (ungrouped) candidates in general election

The applicable cap for a candidate for election (other than a candidate who is a member of a group or a candidate for mayor) endorsed by a party is:

(a)      $20,000 – where the number of enrolled electors at the previous general election for the local government area or ward concerned was 200,000 or fewer, and

(b)      $30,000 – where the number of enrolled electors at the previous general election for the local government or ward concerned was more than 200,000

 

Independent (ungrouped) candidates in general election

The applicable cap for a candidate (other than a candidate who is a member of a group or a candidate for mayor) not endorsed by any party is:

(a)      $25,000 - where the number of enrolled electors at the previous general election for the local government area or ward concerned was 200,000 or fewer, and

(b)      $35,000 - where the number of enrolled electors at the previous general election for the local government area or ward concerned was more than 200,000.

 

Party groups of candidates in general elections

The applicable cap for a group of candidates who are endorsed by a party is:

(a)      $30,000 - where the number of enrolled electors at the previous general election for the local government area or ward concerned was 200,000 or fewer, and

(b)      $40,000 - where the number of enrolled electors at the previous general election for the local government area or ward concerned was more than 200,000.

 

Independent groups of candidates in general elections

The applicable cap for a group of candidates who are not endorsed by any party is:

(a)      $35,000 - where the number of enrolled electors at the previous general election for the local government area or ward concerned was 200,000 or fewer, and

(b)      $45,000 - where the number of enrolled electors at the previous general election for the local government area or ward concerned was more than 200,000.

 

Grouped mayoral candidates in general election

The applicable cap for a candidate for mayor who is a member of a group participating in the general election is:

(a)      $15,000 - where the number of enrolled electors at the previous general election for the local government area concerned was 200,000 or fewer, and

(b)      $20,000 - where the number of enrolled electors at the previous general election for the local government area concerned was more than 200,000.

 

Ungrouped mayoral candidates in general election

The applicable cap for a candidate for mayor who is not a member of a group participating in the general election is:

(a)      $30,000 - where the number of enrolled electors at the previous general election for the local government area concerned was 200,000 or fewer, and

(b)      $40,000 - where the number of enrolled electors at the previous general election for the local government area concerned was more than 200,000.

 

Candidates in by-elections

The applicable cap for a candidate (whether or not endorsed by a party) is:

(a)      $40,000 - where the number of enrolled electors at the previous general election for the local government area concerned was 200,000 or fewer, and

(b)      $60,000 - where the number of enrolled electors at the previous general election for the local government area concerned was more than 200,000.

 

Third-party campaigners

The applicable cap for a third-party campaigner is $2,500 multiplied by the number of local government areas for which the third-party campaigner incurs electoral expenditure.  For a by-election for councillor (including mayor), the applicable cap for a third-party campaigner is $2,500 for each by-election.

 

Additional cap for individual areas or wards

The applicable cap for parties and third-party campaigners is subject to an additional cap (within the overall applicable cap) in relation to local government general elections, or by-elections in more than one local government area or ward, for electoral expenditure incurred substantially for the purposes of the election in a particular local government area or ward, being:

(a)      in the case of a party - $5,000 in respect of each such local government area or ward, or

(b)      in the case of a third-party campaigner - $2,500 in respect of each such local government area or ward.

 

The amounts listed are indexed for CPI.

 

The President of Local Government NSW, Cr Linda Scott reported in her weekly newsletter on 17 August that under these laws, a candidate for Orange City Council would be allowed to spend $0.17 per voter, compared with $0.69 per voter by a candidate for Dubbo Regional Council.  In Walcha, the allowable spend is $8.71 per voter.  Meanwhile in metropolitan areas a Campbelltown City Council candidate would be allowed to spend $0.05 per voter, compared with the $0.44 per voter allowed in Waverley.

 

These apparently odd outcomes are principally a function of the differences in population between local government areas and whether or not the local government area has wards.

 

Applying the expenditure caps to the Nambucca LGA means, by way of example, an independent ungrouped candidate can spend $25,000 on their campaign for a general election and an ungrouped mayoral candidate can spend $30,000 on their campaign.  This expenditure compares with the remuneration to councillors of $11,860 and $37,740 for the Mayor meaning that in a 4 year term it would take elected councillors over 2 years to recoup the maximum permitted expenditure and the elected Mayor more than 1 year.

 

The reasonably miserly “part time” remuneration for councillors in smaller rural councils already has a number of disbenefits including discouraging younger candidates with dependents from nominating.  In the context of the Nambucca Valley to set expenditure caps on election spending more than twice the annual remuneration for councillors may further discourage a diversity of local government election candidates.

 

An alternate approach to determining the “reasonableness” of expenditure caps could be to link them to the council categories used by the Local Government Remuneration Tribunal and to fix them as a proportion of councillors’ remuneration, say the equivalent of 12 months’ remuneration applicable to that council at the time of the election.

 

For Nambucca Shire Council this would mean the expenditure cap for an independent upgrouped candidate would fall from $25,000 to $11,860.  The same formulae could apply to by-elections.  It is suggested there be no special provision for Mayoral candidates and their cap be set the same as councillors whether or not they are a candidate for Mayor or a councillor or both.  A significant proportion of councils in NSW do not have popularly elected Mayors and the remuneration for the Mayor’s position has the same base as councillors with an additional fee to reflect the additional time commitment.

 

Again to encourage a diversity of candidates the writer’s preference is that candidates not benefit from external funding whether it be from political parties or third-party campaigners.  This does not mean that candidates could not be endorsed by a party or a third party campaigner nor benefit from volunteer assistance, but rather that their campaign funding could not benefit from external financial assistance.

 

Assuming maximum annual councillor fees this proposal would cap election spending as follows:

 

Council Type

Expenditure Cap for Election Campaign ($)

Principal CBD (Sydney)

39,540

Major CBD (Parramatta)

33,310

Metro Large (Blacktown, Canterbury-Bankstown, Cumberland, Fairfield, Liverpool, Northern Beaches, Penrith, Sutherland

26,670

Metro Medium (Bayside, Campbelltown, Georges River, Hornsby, Kur-ring-gai, Inner West, Randwick, Ryde, The Hills)

25,160

Metro Small (Burwood, Camden, Canada Bay, Hunters Hill, Lane Cove, Mosman, North Sydney, Strathfield, Waverley, Willoughby, Woollahra)

19,790

Regional City (Newcastle, Wollongong)

31,260

Regional Strategic Area (Central Coast, Lake Macquarie)

29,670

Regional Rural (includes Clarence Valley, Coffs Harbour, Kempsey, Port Macquarie-Hastings and 34 others)

19,790

Rural (includes Bellingen, Nambucca and 55 others)

11,860

 

If it was considered that the caps in the larger Councils were too high the Government would also have the option of setting a maximum expenditure which was less than that nominated, ie the lesser of the two.

 

The proposal better reflects the diversity of NSW local government compared to the existing arrangements which have been recently legislated in the Electoral Funding Act 2018.

 

 

CONSULTATION:

 

There has been no consultation in preparing these proposals.

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are no implications for the environment.

 

Social

 

There are no significant social implications.  There is commentary in the report concerning the need to encourage diversity in election candidates.

 

Economic

 

There are no economic implications.

 

Risk

 

A number of risks are outlined in the report.  First and foremost it would be agreed that there should be legislation to avoid an “expenditure arms race”.  Establishing high expenditure caps may further discourage a diversity of local government election candidates.  There is potential conflict of interests with State and Federal based political parties (and third-party campaigners) contributing funding to council elections.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

The recommendation has no budgetary impact.

 

Working funds – justification for urgency and cumulative impact

 

The recommendation has no impact on working funds.

 

Service level changes and resourcing/staff implications

 

The recommendation (and this report) has no significant service level or staffing implications.

 

Attachments:

There are no attachments for this report.


Ordinary Council Meeting                                                                                                 30 August 2018

General Manager's Report

ITEM 9.5      SF2327            300818         Nambucca Shire Library Strategic Plan - Draft for Exhibition

 

AUTHOR/ENQUIRIES:    Coral Hutchinson, Manager Community Development         

 

Summary:

 

Council is preparing a Strategic Plan for Library Services which will pave the way for future delivery of Library Services.  Development of the Plan is progressing and we are now at the Stage of considering a draft Plan based on Council’s preferred direction of expansion. 

 

Following consideration by Council, it is the Library Plan Steering Committee’s preference that the Plan be exhibited for 3 weeks for community comment before going back to Council for adoption. 

 

 

Recommendation:

 

That Council place the draft Nambucca Shire Library Strategy 2018-2022 on exhibition for comment by the public.

 

 

OPTIONS:

 

At this point in developing the Strategic Plan, no other options are being put forward.  Having reached this stage, it is recommended that community feedback is sought.  Changes to the Plan may then result. 

 

 

DISCUSSION:

 

Following extensive consultation and a community survey, the Plan’s Consultant, Project Sisu, identified 3 possible approaches for the future delivery of Library Services.  This was outlined in “Interim Report Nambucca Shire Library Service 2018” which was presented to Council on 26 April 2018 with Council making the following decision:

 

“That Council receive and note the Interim Report and indicate its preferred position for the future delivery of Library Services is Scenario 1.”

 

The emphasis in this scenario is expansion and improvement of library services across the three major centres in the Nambucca Valley: Macksville, Nambucca Heads and Bowraville.  An extract from the Interim Report with more detail about the expansion scenario is attached as background. 

 

The Consultant was then asked to refine actions in accordance with this preferred direction and where possible provide some indicative costing.  A series of actions have now been developed into a draft Strategic Plan which is being presented to Council before being put to the community. 

 

 

CONSULTATION:

 

Library Plan Steering Committee

Senior Librarian

Library staff

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are no environmental sustainability issues arising from this report.

 

Social

 

Libraries and related cultural activities are an essential part of a community’s social fabric. 

 

Economic

 

Whilst libraries and economic benefit may not have obvious connections, in a report prepared by J.L. Management Services Pty Ltd for the Library Council of New South Wales, research revealed that NSW public libraries generate at least $4.24 of economic value for each dollar expended and $2.82 of economic activity for each dollar expended.

 

Risk

 

Nothing specific identified.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

It is recognised that much of the Plan’s success will depend on funding.  This is likely to be true of an expansion of any of Council’s services, and will need to be considered as the elements of the Plan are addressed.  Having said this, having a formally adopted strategic approach to library services gives Council a better chance of seeking external grants and guides in budget decisions as Council has an outline of the community’s wishes.

 

Source of fund and any variance to working funds

 

Nothing required at this stage.

 

Service level changes and resourcing/staff implications

 

This is at the very core of this exercise and the exact implications will be identified as Council moves forward in implementing the Plan.

 

Attachments:

1

30476/2018 - Extract from NS Library Strategic Plan Interim Report - outline of Expansion Scenario

 

2

30485/2018 - Nambucca Shire Library Strategy 2018-2022 - Draft for Exhibition       

 

  


Ordinary Council Meeting - 30 August 2018

Nambucca Shire Library Strategic Plan - Draft for Exhibition

 


 


Ordinary Council Meeting - 30 August 2018

Nambucca Shire Library Strategic Plan - Draft for Exhibition

 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


Ordinary Council Meeting                                                                                                 30 August 2018

General Manager's Report

ITEM 9.6      SF2168            300818         Scotts Head Coastal Hazard Reduction Project

 

AUTHOR/ENQUIRIES:    Grant Nelson, Coordinator Strategic Planning & Natural Resources         

 

Summary:

 

The purpose this report is to advise Council of the progress of the Scotts Head Coastal Hazard reduction project which includes maintenance of the seawalls, beach access and stormwater management at Forster Beach Scotts Head.

 

 

Recommendation:

 

1        That Council proceed to finalise the design for the maintenance of the seawalls and incorporate appropriate beach access solutions into the final designs for the area.

 

2        That Council proceed to finalise designs with the intent of maintaining the stormwater outlet in its existing location with an appropriate design to ensure safety and function of the outlet.

 

3        That Council allocate funding from the Stormwater Management Levy and/or Environmental Levy in 2019/20 financial year to support an investigation of Stormwater Management and water quality improvements for this area, using feedback provided through the surveys/submissions to guide the scope of the project.

 

 

OPTIONS:

 

1        Council may choose to undertake additional consultation with Community upon completion of the draft designs for works.

 

2        Council may consider additional options for car parking arrangements and seawall maintenance that take into consideration additional boat trailer parking or other reconfiguration. If constructed to standards parking bays and isle widths combined with seawall footprints would require significant encroachment in to the beach area. This is not recommended.

 

DISCUSSION:

 

Project Summary

 

This project has been designed around key actions identified in Councils Coastal Zone Management Plan for the Nambucca Shire Coastline - Strategies for Resilient Coastal Communities which can be found at the following link on Councils website:

 

https://www.nambucca.nsw.gov.au/cp_themes/default/page.asp?p=DOC-SYL-75-60-41

 

The primary objectives of this project are to:

 

-     to maintain and improve the existing seawalls in the eastern corner of Forster Beach Scotts Head.

-     Investigate and implement improvements to stormwater management onto Forster Beach;

-     Improve Beach Access in the corner of the Beach.

 

Budget

 

In March 2016 Council received funds from the Office of Environment and Heritage ($69,200) under their Coastal Management Program to re-instate seawalls, beach access and address stormwater management in Scotts Head. Council is contributing $34,200 to the project. Other project partners have included North Coast Holiday Parks and Local Land services who have contributed to weed management activities throughout the crown reserve area.

 

Note: As the funding for OEH grants is typically 50:50 Council requested North Coast Holiday park allow Council to identify and commit their annual weed management allocation to the project. This allowed Council to request more funding from OEH towards the project.

 

The remaining budget to finalise design work and implement works is approximately $100,000.

 

Status and Timing

 

Due to other grant funding commitments the project was placed on hold for extended period and was re-activated in early 2018. This is not ideal for the grant funding body or the community expectations for the project nevertheless staff are now working progressively to achieve outcomes prior to the end of the 2018/19 financial year.

 

If possible Council will aim to implement actions prior to the summer of 2018/19.

 

Project Development

 

The project has received funding support from OEH as it implements actions contained in Council’s certified Coastal Zone Management Plan.  The actions were developed as a result of extensive community surveys and workshops in Valla Beach, Nambucca Heads and Scotts Head as part of the development of the plan.

 

Upon receipt of the grant Council engaged GHD to examine/develop a number of options and a design to address the project scope, being the maintenance of the seawall, stormwater outlet and beach access. With funding input from North Coast Holiday Parks Council also received some preliminary advice from GHD in regards to the potential geofabric back stop wall along the main section of beach frontage (not included in the implementation scope of this project).

 

The report for this part of the project is provided as [Attachment 1]. Preliminary design work has commenced but was been placed on hold while staff sought community feedback particularly in relation to options available stormwater management at this location. Council staff and external engineers will progress with detailed designs in September subject to the outcome of this meeting.

 

The remainder of this report will discuss each of the project components separately. 

 

Seawall Maintenance

 

Outer rock revetment (seaward of the boat ramp) - The outer rock revetment was constructed relatively recently and comprises two layers of armour rocks atop a geotextile filter fabric, which is founded on the natural rock platform. The outer slope is relatively steep and varies between 1V:1H and 1V:1.5H. When originally constructed this wall included selected large rocks placed to provide stepped access to the point.

 

Advice indicates that the revetment was constructed as a short term protection measure on a limited budget. With this in mind, the revetment has performed very well and continues to function as intended.

 

Significant wave impact and overtopping during the June/August 2016 period has resulted in a number of the upper rocks being washed down to the toe of the structure resulting in scouring of the unprotected fill behind the revetment. GHD have provided preliminary design outcomes for the maintenance of the outer revetment (this is provided below).

 

The proposed maintenance of the existing outer wall proposes to re-use and top up existing rock with appropriately size material (initial estimates >3500kg), replace geofabric with marine grade material equivalent as necessary. Selected large rocks will be appropriately placed to provide informal access to from the carpark to the point.

 

 

 

 

 

Inner Rock Revetment (landward of the boat ramp) - The inner rock revetment was constructed at a date after the outer revetment and comprises two to three layers of armour rocks atop fill material. The revetment does not appear to include a geotextile filter layer and it is unclear whether the structure is founded on rock or simply embedded in the sand. The outer slope is typically 1V:1.5H and has undergone a number of repairs including placement of additional rock and placement of mass concrete. The structure appears to be functioning as intended however unprotected sections of fill and sinkholes at the top of the revetment are evident. A scour channel exists through the beach sands immediately west of this revetment as a result of the stormwater discharge point at the back of the beach. This does not appear to have undermined the revetment though it is possible the revetment has slumped in the past, thereby contributing to the lack of armour rock on the upper portion of the structure.

 

The design of the inner revetment requires consideration of options to manage stormwater in the area. Once Council has decided on a preferred way forward in respect to the stormwater the design of this inner revetment may be progressed.

 

The maintenance to existing revetment walls will not remove all risks associated with coastal events. It would not be possible to removal all risk from ocean conditions without significant expense and loss of beach amenity. As a simple example the height of the revetment would need to be significantly increased to eliminate potential overtopping.  The aim of this project is to maintain and improve the existing seawall without detrimentally impacting on the surrounding environment and amenity.

 

Beach Access

 

The previous beach access in the corner of Forster Beach comprised an enviromesh platform (with shower) and ramp providing access to the beach. Supports for this structure failed a number of years ago and it was subsequently removed.

 

 

GHD were requested to consider a number of options to improve access to the beach in this location. This included:

 

-     Like for like replacement

-     Provision of a more substantial structure and ramp

-     Provision of informal recycled plastic beach access ramp

-    

Given durability, maintenance and construction costs the provision of the recycled plastic boardwalk would provide an effective solution to access in this area. A similar beach access shown below provides access to Little Beach at Scotts Head.

 

 

An additional alternative solution could be to replicate the concept of a platform and ramp previously located in the area but construct over the stormwater infrastructure and using more robust materials such as concrete. This option would provide a platform/ access over a repaired stormwater culvert with an access ramp provided to the west. Designs would need to give consideration to cost, acceptable grades, foundations, foreshore erosion behind the ramp, and edge effects associated where the hard surface meets the unprotected dune.

 

Council recently constructed robust concrete access stairs at Shelly Beach, this type of arrangement has been suggested for the inner-revetment wall and it will be considered during designs however it may not be feasible due to expected stormwater flows through the area.

 

Stormwater Management

 

The existing stormwater outlet in the corner of Forster beach still functions but is in a state of disrepair. With the assistance of Reflections Caravan Park, Council has undertaken maintenance to the area on two occasions in the last 18 months using sand filled geofabric elcorock bags assist in scour protection in the area.

 

Existing outlet during a period of heavy rain (M. Ryan)

 

Description: C:\Users\grantn\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Word\100_5768.jpg

 

The location of the discharge point contributes to temporal erosion in the southern corner of the beach during major rainfall events. The foreshore in the vicinity of the outlet and further west has eroded significantly over past several years. However as with other coastal areas sand in the area goes through periods of accretion and erosion, and the erosion along the western foreshore is the result of coastal processes rather stormwater release. Local Dune Care has been proactively implementing dune management activities in the area in an attempt to ease the broader erosion issues occurring at the beach.

 

It is noted that the stormwater infrastructure plays a key role in preventing flooding of the holiday reserves and urban areas in the catchment. Hence, the functionality of the stormwater system must be maintained with any future works in the area.

 

Based on staff recommendations GHD investigated a number of options to address stormwater management in the area and advantages and disadvantages were provided for both. These options are presented below:

 


 

Option 1 – extension of the stormwater outlet north (seaward of the boatramp)

 

GHD explored an option to extend the stormwater to release on the seaward side of the boat ramp. The intention of this option was largely to aid in the amenity of a well used/ active area of the beach.

 

Based on recent surveys undertaken in the area and preliminary advice from GHD, grades to implement this option could be achieved.

 

Option 2 Extension of the Stormwater outlet east to Little Beach

 

As with option 1 this option would improve the amenity of Forster Beach, it would also eliminate any potential scour effects to seawalls protecting the carpark at Forster Beach.  The intention of this option would be to discharge close to the rock platform on the northern side of Little Beach so as not to erode the beach.

 

 

This option would require additional investigations to determine its feasibility.

Consultation

 

Staff completed some initial consultation with stakeholders being, the Scotts Head Macksville Surf Club and Scotts Head Dune Care. It is noted that these stakeholders identified their preferred approach to stormwater management was to have it re-directed to Little Beach. The key drivers for this being improvement to beach amenity and removal of stormwater discharge from the main swimming beach at Scotts Head.

 

To further scope community views on the project in May 2018 staff released a brief survey to the community which was distributed via the Scotts Head Community Group social media page and information placed on notice at the surf club. Other individuals who had expressed an interest in the project were also advised of the survey availability. The survey was made available on Councils website.

 

Council received 32 responses to the survey along with several written submissions and a petition which included 62 signatures. The results of the survey are provided as [attachment 2].

 

A review of the survey responses and written submissions highlighted the following key themes:

 

·       General support for the project and repairing the seawall walls;

·       Water quality for the main swimming area was identified as important and general support for catchment improvements to water quality;

·       Broad support (if it is technically feasible and cost effective) to divert stormwater to Little Beach.

·       There was limited support for any option that relocated the stormwater outlet to or beyond the existing boat ramp at Forster Beach.

·       A number of other options to resolve stormwater issues were raised that would require further investigation.

·       Several various options were raised in respect to beach access, including integration into the proposed seawall improvements, use of the beach access near to the existing amenities, re-instatement of the previous platform and ramp.

·       A number of submissions raised concerns regarding consultation and highlighted that they want to be part of the decision making supported by structured information to make informed decisions.

·       Action is required in timely manner;

·       The petition raised concerns that moving stormwater discharge closer to the point may impact surfing banks at Scotts Head. The petition in full has not been included in this report but signatories were to the following:

 

 

The surveys and written submissions received presented thoroughly considered responses and passionate and varying views on aspects of the project particularly the management of stormwater. These responses reflect the importance of this area for the local community and the direction of the project should be guided by these community views.

 

Recommendations

 

Seawall Maintenance

 

In respect to the seawall maintenance there is limited opportunity to vary the alignment of seawalls without sacrificing beach or carpark areas. In this regard it is recommended seawall designs be progressed to allow maintenance to be undertaken as soon as possible.

 


 

Stormwater

 

The existing budget will not accommodate significant changes to the stormwater system at this time and additional investigations would be required to determine appropriate and feasible solutions to stormwater management in the catchment.

 

Given the overwhelming response to stormwater management in the area and budget availability it is recommended that Council maintain the stormwater outlet in its existing location with an appropriate design to ensure safety and function of the outlet. The design of beach access be considered as part of this design in location where it will not be directly affected by the stormwater flow path.

 

This option will maintain the existing situation for time being until such time that Council may allocate additional funds for future investigations that may alleviate stormwater and water quality pressures affecting this area of Forster Beach.

 

It is noted that the stormwater junction landward of the existing beach outlet would be the junction for any alternative release point to Little Beach. Therefore if diversion to Little Beach is considered feasible through additional investigations the existing stormwater outlet to Forster Beach could be decommissioned without effecting beach access constructed in association with this project.

 

CONSULTATION:

 

General Manager

Assistant General Manager Engineering Services

Manager Infrastructure Services

Office of Environment and Heritage

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

It is noted that Council is presently preparing a new Coastal Management Program in accordance with new state government requirements. This program requires broad consultation with the community to guide the delivery of future actions in our Coastal areas which now include our estuaries, creeks and other similar coastal environments.

 

Parts of this Scotts Head Coastal Hazard reduction project that cannot be considered at this time will be identified as potential future actions in the plan which will aid Council in acquisition of additional resources such as funding through the Office of Environment and Heritages Coastal Management Program.

 

Social

 

Some concerns have been raised in respect to the consultation process undertaken with this project. These concerns are acknowledged, however it is considered that adequate representation has been received from the community to progress with the project.

 

There will additional opportunities for the community provide input into the preparation of Councils Coastal Management Program and further stormwater management investigations that are examined for the catchment should Council determine to proceed as recommended.

 

Economic

 

Maintain the amenity and function of the beach at Scotts Head is important for the local community and visitors to the area.

 


 

Risk

 

Nil

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

The project has a limited budget for the nature of the works proposed, however staff believe we can complete the project within budget if progressed in the manner recommended in the report.

 

Working funds – justification for urgency and cumulative impact

 

NIL

 

Service level changes and resourcing/staff implications

 

The project was placed on hold for period as other budget and grant funded project were required to be completed.

 

 

Attachments:

1

30816/2018 - 2125981-REP-0-Scotts Head concept Design Report

 

2

30811/2018 - Survey Scotts Head Coastal Hazard Improvement Project - Stormwater - Part 1

 

3

30812/2018 - Survey Scotts Head Coastal Hazard Improvement Project - Stormwater - Part 2

 

4

30845/2018 - Submissions for Scotts Head Headland Coastal Hazard Reduction Project

 

  


Ordinary Council Meeting - 30 August 2018

Scotts Head Coastal Hazard Reduction Project

 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 

 

 


 


Ordinary Council Meeting - 30 August 2018

Scotts Head Coastal Hazard Reduction Project

 


 


 


 

 


Ordinary Council Meeting - 30 August 2018

Scotts Head Coastal Hazard Reduction Project

 


Ordinary Council Meeting - 30 August 2018

Scotts Head Coastal Hazard Reduction Project

 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


Ordinary Council Meeting                                                                                                 30 August 2018

General Manager's Report

ITEM 9.7      SF1541            300818         Local Strategic Planning Statements

 

AUTHOR/ENQUIRIES:    Grant Nelson, Coordinator Strategic Planning & Natural Resources         

 

Summary:

 

The purpose of this report is to provide Council with information in relation to the State Governments requirement to prepare Local Strategic Planning Statements under the NSW planning reforms.

 

 

Recommendation:

 

That Council note the State Government’s requirement to prepare Local Strategic Planning Statements.

 

 

OPTIONS:

 

Nil

 

 

DISCUSSION:

 

The following extract of the Local Strategic Planning Statement Guidelines (Department of Planning and Environment - DOPE) provides an overview of the origin and intent of this new statement that Council will be required to prepare.

 

In March 2018, amendments to the Environmental Planning and Assessment Act 1979 (EP&A Act) introduced new requirements for councils to prepare and make local strategic planning statements.

Local strategic planning statements (LSPS) will set out

 

          the 20-year vision for land use in the local area

          the special characteristics which contribute to local identity

          shared community values to be maintained and enhanced

          how growth and change will be managed into the future.

 

Councils will show how their vision gives effect to the regional or district plan, based on local characteristics and opportunities, and the council’s own priorities in the community strategic plan it prepares under local government legislation.

 

Informed by the strategic and community planning work undertaken across regions, districts and local government areas, the LSPS will be the key resource to understand how strategic and statutory plans will be implemented at the local level.

 

Additional information on the LSPS can found on the DOPE’s website at the following link:

http://www.planning.nsw.gov.au/Policy-and-Legislation/Environmental-Planning-and-Assessment-Act-updated/Guide-to-the-updated-Environmental-Planning-and-Assessment-Act-1979/Part-3-Strategic-planning

 

Advice from DOPE has indicated that Councils in the Greater Sydney region will be required to prepare their final LSPS by December 2019. All other Councils including Nambucca Shire will be required to have their LSPS completed by July 2020. 

 

It is understood that the LSPS is intended to act as a link between Regional Strategic Plans, and local implementation of strategic land use planning. It is also very clear in the legislation, that local plans cannot be inconsistent with regional or district strategies (Eg North Coast Regional Plan) or Councils Community Strategic Plan.

 

An extract from the Act is provided below:

 

3.9   Local strategic planning statements of councils

 

(1)  The council of an area must prepare and make a local strategic planning statement and review the statement at least every 7 years.

 

(2)  The statement must include or identify the following:

(a)  the basis for strategic planning in the area, having regard to economic, social and environmental matters,

(b)  the planning priorities for the area that are consistent with any strategic plan applying to the area and (subject to any such strategic plan) any applicable community strategic plan under section 402 of the Local Government Act 1993,

(c)  the actions required for achieving those planning priorities,

(d)  the basis on which the council is to monitor and report on the implementation of those actions.

 

The guidelines provided by DOPE also indicate the LSPS will identify and prioritise for LEP and DCP amendments, place based studies, master planning, infrastructure to accommodate growth and other strategic guidance.

 

The procedures involved in the development of the LSPS are provided in guidelines found at the previously provided link. It will include four (4) main phases scoping, testing, finalisation and implementation.

 

It is noted that the testing phase may incorporate requirements for local strategy preparation (such as residential growth strategies, employment strategies or similar). This would need to be discussed with DOPE as Council has a number of existing strategies that have already been endorsed by State Government under previous state planning requirements. We are also presently preparing our Coastal Management Program, not to mention recently endorsed tourism and economic strategies.

 

Each phase incorporates a requirement for community consultation.

 

Given it is relatively early days in respect to the implementation of these statements by local government the level of resource commitment that will be required from Council to implement the statement is not known at this time.

 

This project will be scheduled for commencement in the 2019/20 period. At commencement Council will be provided with further advice in respect to the resources required to prepare the statement

 

 

CONSULTATION:

 

Comment from General Manager

 

I attended a DOPE regional round table in Coffs Harbour on 15 August when this new planning requirement was discussed with Mid and North Coast Councils.  Each Councils’ LEP already contains a statement of zone objectives and the prevailing view amongst Councils was that adding Local Strategic Planning Statements would not increase certainty in terms of planning outcomes (either for residents or applicants); would further increase the complexity of the planning system and would require a substantial commitment of time by Council staff and Elected Councils to develop.  Despite DOPE’s expressed concern to simplify the planning system the reverse seems to be happening and the LSPS are just another example of this.

 

 


 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

Nil

 

Social

 

Nil

 

Economic

 

Nil

 

Risk

 

Nil

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

Future budget requirements would be reported to Council.

 

Working funds – justification for urgency and cumulative impact

 

Nil

 

Service level changes and resourcing/staff implications

 

Future resourcing requirements will be reported to Council.

 

Attachments:

There are no attachments for this report.


Ordinary Council Meeting                                                                                                 30 August 2018

General Manager's Report

ITEM 9.8      SF2423            300818         Undetermined Development Applications either greater than 12 months or where submissions received to 14 August 2018

 

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

 

Summary:

This report contains information in relation to Development Applications which have been undetermined for over 12 months and undetermined Development Applications which have received submissions.

 

In accordance with Minute 848/08 from Council’s meeting of 18 December 2008, should any Councillor wish to “call in” an application a Notice of Motion is required specifying the reasons why it is to be “called in”. If an application is not called in and staff consider the matters raised by the submissions have been adequately addressed then the application will be processed under delegated authority.  Where refusal is recommended the application may be reported to Council for determination.

 

 

Recommendation:

That the information contained in the report on undetermined Development Applications either greater than 12 months or where submissions received to 22 August 2018 be noted by Council.

 

 

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

 

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

 

TABLE 2: UNDETERMINED DEVELOPMENT APPLICATIONS WHERE SUBMISSIONS HAVE BEEN RECEIVED

 

DA NUMBER

DATE OF RECEIPT

PROPOSAL

ADDRESS

2018/125

13 June 2018

Alterations to existing caravan park

Lot 162 DP 755560, 26 Swimming Creek Road, Nambucca Heads

Two submissions have been received.

STATUS: Being assessed. Objection received from applicant re non-compliance with Sections 91 & 94 of the Local Government (Manufactured Home Estates, Caravan Parks, Camping Grounds and Moveable Dwellings) Regulation 2005). It has been forwarded to DPE for their concurrence.

DA NUMBER

DATE OF RECEIPT

PROPOSAL

ADDRESS

2006/142 - modification

14 June 2018

19 Lot Residential Subdivision

Lot 2 DP 1214814, Grandview Drive, North Macksville

One late submission has been received.

STATUS: Being assessed – referred to the RFS

DA NUMBER

DATE OF RECEIPT

PROPOSAL

ADDRESS

2018/146

11 July 2018

Change of Use – Group Home

Lot 1 DP 42339 & Lot 22 DP 626014, 316 Wilson Road, Congarinni North

Seven submissions have been received

STATUS: Being assessed. Referred to RFS. Additional information required from applicant.

DA NUMBER

DATE OF RECEIPT

PROPOSAL

ADDRESS

2015/003 - modification

3 July 2018

Dual Occupancy

Lot 15 DP 786630, 8 Connors Cresent, Macksville

One submission has been received

STATUS: Being assessed – additional information required from applicant

DA NUMBER

DATE OF RECEIPT

PROPOSAL

ADDRESS

2018/152

26 July 2018

7 Lot Subdivision – Large Lot Residential

Lot 1 DP 1185748, 274 Wirrimbi Road, Newee Creek

One submission has been received

STATUS: Being assessed – Referred to RFS and RailCorp.

DA NUMBER

DATE OF RECEIPT

PROPOSAL

ADDRESS

2018/163

7 August 2018

Dwelling Additions

Lot 4 Sec G DP 20823, 8 Hill Street, Scotts Head

One submission has been received

STATUS: Being assessed

Attachments:

There are no attachments for this report.  


Ordinary Council Meeting                                                                                                 30 August 2018

General Manager's Report

ITEM 9.9      SF2278            300818         Minutes of the Clean Energy Committee meeting held 8 August 2018

 

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

 

Summary:

 

The purpose of this report is for Council to endorse the minutes of the Nambucca Clean Energy Committee meeting held on Wednesday 8 August 2018.  Copies of the minutes and agenda (without attachments) are attached.

 

 

Recommendation:

 

That Council note the minutes and endorse the recommendations of the Nambucca Clean Energy Committee held on Wednesday 8 August 2018.

 

 

 

OPTIONS:

 

1        Council may choose not to endorse any of the recommendations of the Committee.

 

2        Council may choose to endorse some of the Committee’s recommendations but not all of them.

 

DISCUSSION:

 

At their meeting, the Committee noted that the Environmental Levy for 2018-2019 has been adopted, with the Climate Change Adaptation portion being as recommended by the Committee at their 2 May 2018.

 

The Committee had a recommended budget as follows:

 

Renewable Energy Action Plan:                              $20,000

Electric Vehicle Fast Charging Station                    $10,000

Community Education Program                                $7,500

Solar Panel installation (site to be decided)            $54,500

 

Total:                                                           $92,000

 

The Committee also noted that Council adopted the five key actions for the Cities Power Partnership, being:

 

i         Install renewable energy (solar PV) on council buildings. Set targets to increase the level of renewable power for council operations over time.

ii        Investigate using unused council-managed land for renewable energy, for example landfills, and road reserves.

iii       Roll out energy efficient lighting (particularly street lighting) across the municipality.

iv       Provide fast-charging infrastructure at one or two key locations in the shire for electric vehicles.

v        Implement an education and behaviour change program to influence the behaviour of local residents and businesses within the municipality to drive the shift to renewable energy, energy efficiency and sustainable transport. This will be a regional goal, carried out in partnership with Bellingen Shire Council and Coffs Harbour City Council, subject to their agreement, through the Our Living Coast partnership.

 

The recommendations in the Committee’s minutes simply request that Council move ahead with the five key actions, as money has been appropriately allocated for them now in the Environmental Levy Budget.

 

The Committee was pleased to note that the street lighting upgrade is commencing shortly.

 

It was reported to the Committee that the Assistant General Manager Engineering Services is considering entering power purchase agreements with a suitable company (endorsed by the Office of Environment & Heritage) on a few Council assets, including the administration building, libraries, depot and the off-river storage facility.

 

The Committee was pleased to hear of movements towards clean energy implementation, but has requested that a report be provided to Council outlining the total costs and savings of each alternative (power purchase agreements versus Council installing the solar panels directly), so that Council can make an informed decision which will result in the greatest financial savings to Council.

 

 

CONSULTATION:

 

Assistant General Manager Engineering Services

Coordinator Strategic Planning and Natural Resources

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

Implementation of the Committee’s recommendations will produce a positive environmental benefit by reducing greenhouse gas emissions.

 

Social

 

Implementation of the Committee’s recommendations will provide social leadership with respect to climate change mitigation and adaptation and will enable the community to be better equipped to undertake their own mitigation and adaptation responses.

 

Economic

 

Transitioning to clean energy (if done in accordance with a sound rollout plan), will result in a net financial gain to Council.

 

Risk

 

Council will face a greater risk if climate change adaptation and mitigation is not addressed.

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

The funds for the recommended actions have already been allocated in the Environmental Levy

 

Source of fund and any variance to working funds

 

The Environmental Levy, as outlined above.

 

Service level changes and resourcing/staff implications

 

Some staff time will be required to undertake investigations into some of the recommendations. In addition, staff time will be required to weigh up the relative costs and benefits of Council directly installing solar panels as opposed to entering power purchase agreements.

 

Attachments:

1

28860/2018 - Minutes - Clean Energy Committee - 8 August 2018

 

2

29922/2018 - Agenda - Clean Energy Committee - 8 August 2018

 

  


Ordinary Council Meeting - 30 August 2018

Minutes of the Clean Energy Committee meeting held 8 August 2018

 

PRESENT

 

Cr Anne Smyth - Chair

Cr Susan Jenvey

Dr Peter Sobey

Mr Colin Wilson

Ms Lisa Hall

Mr Philip Margolis

Mr Michael Blockey

 

 

 

APOLOGIES

 

Cr Martin Ballangarry OAM

Mayor Rhonda Hoban

 

 

DISCLOSURE OF INTEREST

 

There were no Disclosures of Interest declared.

 

 

CONFIRMATION OF MINUTES

 

          (Sobey/Blockey)

That the Committee note that Council noted the Minutes of the Meeting held 2 May 2018, by Council at its meeting of 17 May 2018 and adopted the recommendations, with one amendment.

 

 

Reports

ITEM 4.1      SF2278              080818      Approved Environmental Levy Budget and Cities Power Partnership Key Actions

 

RECOMMENDATION:      (Sobey/Margolis)

 

1        That staff engage a consultant to prepare a Renewable Energy Action Plan for Council, including an emissions reduction target and a renewable energy target.

 

2        That the information regarding investigation into Power Purchase Agreements by Council be noted.

 

3        That a report be prepared for the Clean Energy Committee and Council detailing the relative cost-benefit analysis of entering Power Purchase Agreements compared to Council purchasing and installing solar panels itself.

 

4        That Council staff investigate what capacity is available on Council-managed land, such as sewage treatment plants, the off-river storage facility, the waste transfer station and any unused land to undertake renewable energy projects.

 

5        That the information concerning street lighting upgrades and solar bollards installation at the V-Wall be noted.

 

6        That Council staff investigate one to two suitable locations for a publicly accessible EV charging station to be installed.

 

7        That Council staff liaise with Bellingen Shire and Coffs City Councils to implement a community education program to drive the shift to renewable energy, energy efficiency and sustainable transport.

 

 

ITEM 4.2      SF2278              080818      Bulk Street Light Upgrade to LED

Recommendation:      (Jenvey/Blockey)

 

That the information be noted.

 

 

 

ITEM 4.3      SF2278              080818      Revision of Sustainable Fleet and Plant Policy

Recommendation:      (Sobey/Wilson)

 

That the information be noted.

 

 

 

ITEM 4.4      SF2278              080818      Community Greenhouse Gas Emissions Profile Project

Recommendation:      (Sobey/Blockey)

 

That the information be noted.

 

 

 

ITEM 4.5      SF2278              080818      Draft Climate Change Policy

Recommendation:      (Wilson/Margolis)

 

That the information be noted.

 

 

   

ASKING OF QUESTIONS WITH NOTICE

 

There were no questions with notice

 

 

NEXT MEETING DATE

 

The next meeting will be held on Wednesday 17 October commencing at 10.30am.

 

 

CLOSURE

 

There being no further business the Chair then closed the meeting the time being 12.15 pm. 

 

 

 

Cr Anne Smyth

(CHAIRPERSON)


Ordinary Council Meeting - 30 August 2018

Minutes of the Clean Energy Committee meeting held 8 August 2018

 

NAMBUCCA SHIRE COUNCIL

 

Clean Energy Committee Meeting - 08 August 2018

 

AGENDA                                                                                                   Page

 

Housekeeping and Emergency Procedures

 

Emergency exit points, Evacuation Plan and location of facilities

 

1        APOLOGIES

2        DISCLOSURE OF INTEREST

3        CONFIRMATION OF MINUTES —

Clean Energy Committee Meeting - 2 May 2018............................................................................ 7

4        Reports

4.1     Approved Environmental Levy Budget and Cities Power Partnership Key Actions Error! Bookmark not defined.

4.2     Bulk Street Light Upgrade to LED.......................................... Error! Bookmark not defined.

4.3     Revision of Sustainable Fleet and Plant Policy ...................... Error! Bookmark not defined.

4.4     Community Greenhouse Gas Emissions Profile Project.......... Error! Bookmark not defined.

4.5     Draft Climate Change Policy.................................................. Error! Bookmark not defined.    

5        ASKING OF QUESTIONS WITH NOTICE        

 

NEXT MEETING DATE

 

CLOSURE

 



Ordinary Council Meeting - 30 August 2018

Minutes of the Clean Energy Committee meeting held 8 August 2018

 

PRESENT

 

Cr Anne Smyth - Chair

Mr Michael Blockey

Mr Philip Margolis

Dr Peter Sobey

Mr Colin Wilson

Mr Grant Nelson – first two items

Ms Lisa Hall

 

 

 

APOLOGIES

 

There were no apologies received.

 

DISCLOSURE OF INTEREST

 

There were no Disclosures of Interest declared.

 

 

CONFIRMATION OF MINUTES

 

RESOLVED:          (Wilson/Blockey)

 

That the Committee note that the Minutes of the Meeting held 7 February 2018 were noted by Council at its meeting of 8 March 2018.

 

 

Amendment:       (Sobey/Margolis)

 

That Items 4.2 and 4.3 be discussed prior to Item 4.1 as Grant Nelson is available to answer questions.

 

Reports

 

ITEM 4.2      SF2278              020518      Draft Environmental Levy Budget

RESOLVED:          (Sobey/Blockey)

 

1        That Grant Nelson be invited to address the meeting.

 

2        That Council place the unspent portion of the 2017/2018 Climate Change Allocation Funds into reserve.

 

3        That the draft Environmental Levy Budget be noted by the committee

 

4        That the committee support the inclusion of $50,000 in the Climate Change Adaptation portion of the draft Environmental Levy Budget.

 

 


 

 

ITEM 4.3      SF2278              020518      Draft Climate Change Policy

RESOLVED:          (Wilson/Sobey)

 

1        That Council place on public exhibition the draft Climate Change policy as reported to the Committee.

 

2        That any submissions made by the public concerning the draft policy be circulated to the Committee prior to being reported to Council.

 

3        That Grant Nelson be thanked for attending the meeting and addressing Items 4.2 and 4.3.

 

ITEM 4.1      SF2278              020518      Council Resolution 8 March 2018 concerning Minutes of Clean Energy Committee meeting held 7 February 2018

RESOLVED:          (Wilson/Sobey)

 

1        That Council endorse the draft budget contained within this report.

 

2        That Council note that staff have been consulted with concerning the installation of solar panels at the River Street Treatment Works, STW Tertiary Transfer Pump, River Street, Nambucca Emergency Management Centre and the Works Depot and on the Administration building.

 

3        That Council endorse the following five key actions under the Cities Power Partnership, noting that the Partnership focuses on progressing these actions, not on completing them within a particular time frame:

 

i         Install renewable energy (solar PV) on council buildings. Set targets to increase the level of renewable power for council operations over time.

ii        Investigate using unused council-managed land for renewable energy, for example landfills, and road reserves.

iii       Roll out energy efficient lighting (particularly street lighting) across the municipality.

iv       Provide fast-charging infrastructure at one or two key locations in the shire for electric vehicles.

v        Implement an education and behaviour change program to influence the behaviour of local residents and businesses within the municipality to drive the shift to renewable energy, energy efficiency and sustainable transport. This will be a regional goal, carried out in partnership with Bellingen Shire Council and Coffs Harbour City Council, subject to their agreement, through the Our Living Coast partnership.

 

4        That Council allocate the unspent $42,000 in the 2017/2018 Climate Change Adaptation Projects section of the Environmental Levy budget to reserves, noting that those funds are likely to be called upon for such projects in the 2018/2019 financial year, as outlined in this report.

 

ITEM 4.4      SF2278              020518      Community Greenhouse Gas Emissions Profile Project

RESOLVED:          (Margolis/Blockey)

 

That the Committee note Council’s decision.

 


 

 

 

 

ITEM 4.5      SF2278              020518      Carbon Leadership Workshop

RESOLVED:          (Sobey/Margolis)

 

That Council note the outcome of the Carbon Leadership workshop and the report from 100 Per Cent Renewables.

 

  

ASKING OF QUESTIONS WITH NOTICE

 

Nil

 

NEXT MEETING DATE

 

The next meeting will be held on 1 August 2018 commencing at 10.30am

 

 

CLOSURE

 

There being no further business the Chair then closed the meeting the time being 1.08 pm. 

 

 

 

 

Cr Anne Smyth

CHAIR

       


Ordinary Council Meeting - 30 August 2018

Minutes of the Clean Energy Committee meeting held 8 August 2018

 

Reports

ITEM 4.1      SF2278            080818         Approved Environmental Levy Budget and Cities Power Partnership Key Actions

 

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

 

Summary:

 

At Council’s meeting of 17 May 2018, Council endorsed the draft Climate Change Adaptation portion of the Environmental Levy budget being $50,000 and the allocating of the unspent $42,000 in the 2017/2018 Climate Change Adaptation Projects section of the Environmental Levy budget to reserves. 

 

Council also endorsed the Committee’s recommended five key actions for the Cities Power Partnership.

 

The draft Environmental Levy budget was approved by Council in June 2018.

 

The Committee may wish to provide some recommendations to staff as to the spending of these funds.

 

 

Recommendation:

 

1        That staff engage a consultant to prepare a Renewable Energy Action Plan, including an emissions reduction target and a renewable energy target.

 

2        That the information regarding investigation into Power Purchase Agreements by Council be noted.

 

3        That Council staff investigate what capacity is available on Council-managed land, such as sewage treatment plants, the off-river storage facility, the waste transfer station and any unused land to undertake renewable energy projects.

 

4        That the information concerning street lighting upgrades and solar bollards installation at the V-Wall be noted.

 

5        That Council staff investigate one to two suitable locations for a publicly accessible EV charging station to be installed.

 

6        That Council staff liaise with Bellingen Shire and Coffs City Councils to implement a community education program to drive the shift to renewable energy, energy efficiency and sustainable transport.

 

 

OPTIONS:

 

The Committee may not wish to provide recommendations to staff as to the spending of the funds in the Climate Change Adaptation portion of the Environmental Levy or may wish to alter the recommendations above.

 

DISCUSSION:

 

This Committee recommended that the funds in the Climate Change Adaptation section of the Environmental Levy budget be spent as follows:

 

Renewable Energy Action Plan:                    $20,000

Electric Vehicle Fast Charging Station           $10,000

Community Education Program                      $7,500

Solar Panel installation (site to be decided)   $54,500

 

Total:                                                          $92,000

 

The five key actions Council has adopted under the Cities Power Partnership are to:

 

i         Install renewable energy (solar PV) on council buildings. Set targets to increase the level of renewable power for council operations over time.

ii        Investigate using unused council-managed land for renewable energy, for example landfills, and road reserves.

iii       Roll out energy efficient lighting (particularly street lighting) across the Shire.

iv       Provide EV charging infrastructure at one or two key locations in the shire for electric vehicles.

v        Implement an educational program to encourage local residents and businesses within the Shire to drive the shift to renewable energy, energy efficiency and sustainable transport. This will be a regional goal, carried out in partnership with Bellingen Shire Council and Coffs Harbour City Council, subject to their agreement, through the Our Living Coast partnership.

 

It is noted that the approved budget ties in fairly well with most of the adopted key actions.

 

Setting targets

 

At the Carbon Leadership module, it became apparent that Council staff required more information concerning emissions reduction and renewable energy prior to any targets being set. Accordingly, an amount of $20,000 has been set aside in the Environmental Levy for a Renewable Energy Action Plan.

 

Installing solar panels

 

Council has received reports from Dr Peter Sobey and Chargeworks, detailing suitable assets on which to commence solar panel installation.

 

In recent weeks, Council’s engineering staff have received information concerning Power Purchase Agreements, which they are currently investigating, specifically regarding Bowraville Dam, the Depot, Nambucca Library, Macksville Library, the Administration Centre and the Macksville Sewage Treatment Works.

 

The Office of Environment & Heritage provides the following information about Power Purchase Agreements:

 

“A Power Purchase Agreement (PPA) is an arrangement in which a solar service provider designs, builds, owns, operates, monitors, and maintains a photovoltaic (PV) system, and a customer agrees to site the system on its roof or elsewhere on its property and purchase the system's electric output from the solar services provider for a predetermined period and price.

 

The purchase price of the generated electricity is typically below the retail electricity rate that the host customer would otherwise pay to their retailer. The PPA rates can be fixed or they can contain an annual price escalator in the range of 2.0% to 4%.

 

The term length of most PPAs can range from 10 years to as long as 25 years.

 

PPA arrangements enable the customer to avoid many of the traditional barriers to the installation of solar systems. Solar PPAs bring the following benefits:

·       No upfront capital cost

·       Predictable energy pricing

·       No system performance or operating risk

·       Projects can be cash flow positive from day one

·       Visible resource efficiency leadership commitment

·       Reduces carbon emissions.

 

PPAs are commonly provided by companies specialised in solar systems design, development and installation. Energy retailers (e.g. AGL, Origin, ERM Power) recognise this and are increasingly working with these companies to also including PPAs in their product offering.

 

As the PPA provider designs, builds, operates, maintains and monitors the system, they will install a meter to measure the output of the system. The PPA provider may obtain construction financing for the system from a financing party.”

 

A company, The Solar Professionals, will provide an assessment and a report regarding the suitability of PPAs for Council. This report would then form the basis of a tender so that suitable companies could provide Council with quotes for offering PPAs on these facilities.

 

The Committee may wish to consider providing advice to Council staff on the relative costs/benefits to Council on proceeding with PPAs as opposed to the direct purchase of solar panel systems.

 

Investigating Council land

 

No funds have been set aside in the budget for the investigation of using unused Council land for renewable energy. However, it is a key action now under the Cities Power Partnership. Other Councils have undertaken renewable energy projects at sewage treatment plants and landfill sites.

 

Roll out energy efficient lighting

 

It should be noted that the roll out of energy efficient street lighting throughout the Shire will commence in the next couple of months – see later report in this agenda. Further, Stages 1 and 2 of the V-Wall upgrade will see the installation of solar bollards there, which is estimated will save Council approximately $16,000 per year.

 

Install EV charging station

 

No investigation has taken place yet as to where appropriate locations would be for EV charging stations. It is hoped that staff can undertake such an investigation in the next few months.

 

Community education

 

Discussions will take place amongst staff at Bellingen, Coffs City and Nambucca Councils in the coming weeks about community education workshops/programs. Such workshops have been jointly organised by the three Councils in previous years. The Clean Energy Committee is welcome to provide input on suitable topics to be covered at such workshops.

 

 

CONSULTATION:

 

Technical Officer Assets

Manager Assets

Assistant General Manager Engineering Services

Manager Development & Environment

Coordinator Strategic Planning & Natural Resources.

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

Implementing the projects outlined in this report will assist Council in achieving positive environmental outcomes.

 


 

Social

 

These projects will enable Council to be seen in the community as leading the way with respect to emissions reductions and clean energy.

 

Economic

 

The projects have the potential to reduce emissions and transition to clean energy in a cost-effective manner.

 

Risk

 

If Council does not progress actions with respect to renewable energy and emissions reductions, there is a risk to Council and community assets, health and way of life if adverse climate change possibilities are not mitigated or adapted to. Further, there is a risk to Council’s reputation and community standing if no actions are taken in these areas.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

Funding for most of these projects has been allocated in the Environmental Levy Budget. If additional funds are needed, these will be reported to Council.

 

Increasing the uptake of renewable energy by Council will result in future savings to Council’s working funds.

 

Source of fund and any variance to working funds

 

The Environmental Levy budget and a loan for street lighting upgrades have been approved by Council.

 

Service level changes and resourcing/staff implications

 

Some additional staff time will be required to implement these action.

 

Attachments:

There are no attachments for this report.  


Ordinary Council Meeting - 30 August 2018

Minutes of the Clean Energy Committee meeting held 8 August 2018

 

Reports

ITEM 4.2      SF2278            080818         Bulk Street Light Upgrade to LED

 

AUTHOR/ENQUIRIES:    Clint Fitzsummons, Manager Assets         

 

Summary:

 

Council resolved a number of years ago to transgress into LED Street lighting when the bulk street lamp upgrade fell due, this program has been subject to delays as the lighting providers and industry suppliers evaluated the technology, conducted the procurement process, and developed contracts. This process has resulted in the delay of the implementation for the LED Street Lighting.

 

Essential Energy has now notified Council that the Bulk Street Lamp Upgrade is scheduled to commence in the Nambucca Shire Area between August and October 2018. As part of this Bulk Street lamp upgrade, there is an opportunity for Council to upgrade all the Category P Lighting to a more environmental and sustainable LED light at an estimated cost of $357,620. By conducting the LED upgrade during the planned bulk upgrade there are significant financial savings to Council in both the short and long term.

 

Category P Lighting is the lighting located within the residential streets and excludes the main roads, which have Category V lighting. Essential Energy has advised that suitable LED luminaire for Category V lighting has not been evaluated as yet, and there is no immediate plan to upgrade to LED’s until sometime in the future.

 

Four (4) lighting options with varying estimates and yearly savings have been provided by Essential Energy for the LED upgrade. Following an assessment of the options offered to Council it is recommended to accept Option 1, as this uses luminaires that are within the standard Essential Energy catalogue. The other 3 options use LED’s which are not contained in the Catalogue, and the advice received is that if one of these other options are selected there will be:

 

·           a delay in the commencement of this project as they are non-catalogue luminaires,

·           there will be potential delays into the future for the replacement of failed lamps as they are non-catalogue luminaires’ that may result in some street lights not being able to be repaired in a timely manner until a replacement luminaire is sourced.

 

The upgrade to LED lighting is expected to replace 1,126 luminaires within the Shire, with a yearly energy saving (Option 1) of around 273,000 kWh. This represents about a 41% reduction in energy use for street lighting. As an indication and based on 14c/kwh, energy the anticipated savings are in the order of $42,600. Additionally, with further savings on the SLUOS charge of $74,900 there is a total approximate anticipated annual saving of $117,500 expected with the LED street lighting upgrade.

 

On 26 July 2018 Council resolved as follows:

 

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.

 

 


 

 

Recommendation:

1        That the information be noted.

 

 

OPTIONS:

 

None- the report is for information only.

 

 

DISCUSSION:

 

No discussion is necessary.

 

 

CONSULTATION:

 

Assistant General Manager Engineering Services

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

LED lights have a significant saving in Energy costs and due to their longer life, reductions in greenhouse gases are achieved through less globe replacements, and mobilisation of Essential Energy maintenance teams. The LED’s replace Mercury vapour lamps, where Mercury is a hazardous substance. Modern LED lights have less light spill into the night sky.

 

Social

 

LED luminaires have a whiter light and a flatter more focused lens, that may provide better lighting on the road/street areas with less light spill onto private property. This may eliminate some of the glare issues currently experienced. The whiter light may provide a safer street environment for motorists and pedestrians.

 

 

Economic

 

The expected savings in energy and globe replacement costs are significant and provide a continual saving for Council into the future.

 

Risk

 

Technology change would be the only risk, and may occur where new technology would make this technology obsolete. Considering the short payback period, it is unlikely there would be an impact on Council Savings.

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

There will be a reduction in Street lighting operating expenses for this and future years.

 

Working funds – justification for urgency and cumulative impact

 

No Working Funds required as proposal is to apply for a low interest loan and fund the repayments from the Energy and SLOUS savings.

 


 

Service level changes and resourcing/staff implications

 

It is not anticipated that there would be any resourcing or staffing implications. LED lights may provide a better light with less light spill onto private property.

 

Future Street Light technologies may allow for adaptive lighting and reporting. Through the Internet of Things, a street lighting network connected to the internet, greater savings may be achieved through dimming of lights (i.e. late at night), or active brightening only when a person or vehicle is in the vicinity. Reports on lights (on/off, usage, failures, etc.) may aid council staff in managing the lighting network in a more proactive way.

 

Attachments:

There are no attachments for this report.  


Ordinary Council Meeting - 30 August 2018

Minutes of the Clean Energy Committee meeting held 8 August 2018

 

Reports

ITEM 4.3      SF2278            080818         Revision of Sustainable Fleet and Plant Policy

 

AUTHOR/ENQUIRIES:    Clint Fitzsummons, Manager Assets         

 

Summary:

 

At the Council meeting held on 28 September 2017, Council adopted a procedural motion to defer item 11.7 Investigation Relating to Purchasing of Electric Vehicles until a review of the policy on Vehicle procurement was provided.

 

A further report was presented to Council on 17 May 2018 on the review the Sustainable Fleet and Plant Policy (TRIM 39599/2015) which included an additional policy statement that “new and emerging technologies, such as low emission vehicles will continue to be monitored and introduced into the Shire operations where practical and fiscally possible” which encompasses consideration of electric vehicles. Council’s vehicle specifications have also been amended to consider alternate technologies.

 

On the 31 May 2018 Council resolved to place the amended Sustainable Fleet and Plant Policy on public exhibition for a period of 28 days and written submissions were encouraged to be received by 4.00pm on Thursday 19 July 2018

 

The exhibition period has now closed and no further submissions have been received.  The attached draft Sustainable Fleet and Plant Policy will be presented to Council on 16 August 2018 for adoption.

 

 

Recommendation:

 

That the information be noted.

 

 

 

OPTIONS:

 

No options – this report is for information only.

 

 

DISCUSSION:

 

No discussion is necessary as all information is in the draft policy.

 

 

CONSULTATION:

 

Councillors

General Manager

Assistant General Manager Engineering Services

Depot Coordinator

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There is potential for an improved environmental outcome with reduced petrol usage and CO2 emissions.

 

Social

 

The initiative may provide Council with a platform to promote its environmental credentials.

 


 

Economic

 

It is unlikely that the saving in petrol can be offset by the increased cost of purchase.

 

Risk

 

It is a case of monitoring the market, as it presently is unknown what the resale value will be at the end of Council’s ownership for electric vehicles.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

There would need to be a budget variation for the additional purchase cost of this type of vehicle

 

Source of fund and any variance to working funds

 

There would need to be a variation to the Plant Fund budget

 

Service level changes and resourcing/staff implications

 

Negotiations will be required regarding home charging of electric vehicle.

 

Attachments:

1

15554/2018 - DRAFT Sustainable Fleet and Plant Policy

 

  


Ordinary Council Meeting - 30 August 2018

Minutes of the Clean Energy Committee meeting held 8 August 2018

 

Reports

ITEM 4.4      SF2278            080818         Community Greenhouse Gas Emissions Profile Project

 

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

 

Summary:

 

Council has been participating in a Community Greenhouse Gas Emissions Profile Pilot Project auspiced by the Office of Environment and Heritage. Council has been provided with a Community Emissions Profile Report which is attached and has also undertaken training so that this report can be replicated by Council on an annual basis.

 

 

Recommendation:

 

That the information be noted.

 

 

OPTIONS:

 

There are no options – this report is for information only.

 

DISCUSSION:

 

On 9 March, Council received an invitation from the Office of Environment & Heritage to lodge an Expression of Interest to participate in a Local Government Emissions Baseline Project. They provided Council with the following information.

 

Project Objectives

 

The Local Government Emissions Baseline Pilot project aims to develop a Global Protocol for Community-Scale Greenhouse Gas Emission Inventories (GPC) compliant community emissions profile for a selection of Councils in regional NSW and provide them with the tools and knowledge necessary to repeat this on an annual basis.  The profile provides the necessary foundation and baseline that helps each Council to work towards setting or updating greenhouse gas emissions reduction targets, engaging specific sectors in actions to reduce emissions and developing a plan to reduce emissions.

 

Project Methodology

 

OEH identified Ironbark Consultancy as a leader in establishing community-wide emission profiles.  OEH engaged Ironbark Consultancy to carry-out the following:

 

·      identify and source relevant data sets from participating Councils

·      calculate profiles for each Council

·      compile emissions profile reports for each Council

·      prepare a tailored community greenhouse gas emissions profile tool

·      submit documents to Councils and

·      provide a training workshop to Councils.

 

Project Deliverables

 

The following documents have been (or will be) submitted to each council:

 

·      a Community Greenhouse Gas Emissions Profile Report containing all the information, references, activity data, assumptions, inputs, charts, emission factors and other relevant data (PDF format)

·      a GPC-compliant Community Emissions Profile ready to be uploaded onto the Carbonn Climate Registry (cCR) reporting platform or inputted directly into cCR using relevant offline reporting tools (such as CIRIS, the City Inventory Reporting and Information System) at Council’s discretion

·      an Activity Data spreadsheet with all the emissions activity data and sources (excel format)

·      independent verification by ICLEI Oceania to provide Councils with the confidence of a review by an independent body

·      registration to the Carbonn reporting platform by ICLEI Oceania, which provides additional reporting benefits and access to solutions from participating cities and

·      a Community Greenhouse Gas Emissions Profile Tool that has been tailored specific to the councils in regional NSW.  This will enable Councils to repeat the process in future year and

·      a training workshop to be held in Sydney (together with webinar access for remote participants) to take Councils through the detail of the emissions profile process.

 

A short presentation of the information provided at the training workshop will be given at the Committee meeting.

 

CONSULTATION:

 

Nil

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

Participating in the pilot project will provide Council with information and tools to track Community Emissions. This will enable Council to evaluate the effectiveness of Council, community and/or state government emissions reduction programs and target actions towards areas of the community that require additional assistance.

 

Social

 

Mitigating climate change impacts will assist in protecting the community from the adverse implications of sea level rise, extreme weather events and rising temperatures.

 

Economic

 

Mitigating climate change impacts will assist in protecting local businesses from the adverse implications of sea level rise, extreme weather events and rising temperatures.

 

Risk

 

Council needs to be aware of the level of emissions in the community to effectively implement actions to mitigate the risk that climate change poses to all levels of the community

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

Council paid $2,500 (excluding GST) to Ironbark Sustainability in the 2017/2018 financial year.

 

Source of fund and any variance to working funds

 

Savings were made in the Environmental Levy’s State of the Environment (SOE) Report allocation of $2,500. As the project will result in Council possessing a toolkit and data that will enable future compliance with SOE requirements, it is proposed that the funds come from these savings.

 


 

Service level changes and resourcing/staff implications

 

A small amount of staff time will be involved to complete a questionnaire, provide data, attend a 3 hour training workshop in Sydney and report publicly on the emissions baseline within 12 months. This should involve approximately two - three days of staff time in total each year. This process will be repeated annually for four years.

 

Attachments:

1

28267/2018 - Community Emissions Profile Report - Nambucca Shire Council

 

  


Ordinary Council Meeting - 30 August 2018

Minutes of the Clean Energy Committee meeting held 8 August 2018

 

Reports

ITEM 4.5      SF2278            080818         Draft Climate Change Policy

 

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

 

Summary:

 

The draft Climate Change Policy has been reported to both this committee and the Nambucca River, Creeks, Estuaries and Coastline committee with no changes being made to it be either Committee.

 

It will shortly be placed on public exhibition for comment and then reported back to Council for amendment and/or adoption.

 

 

Recommendation:

 

That the information be noted by the Committee

 

 

OPTIONS:

 

There are no options – the report is for information only.

 

 

DISCUSSION:

 

No discussion is necessary

 

 

CONSULTATION:

 

Nil

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

As discussed in the previous report on this matter.

 

Social

 

As discussed in the previous report on this matter.

 

Economic

 

As discussed in the previous report on this matter.

 

Risk

 

As discussed in the previous report on this matter.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

Not applicable

 


 

Source of fund and any variance to working funds

 

Not applicable

 

Service level changes and resourcing/staff implications

 

Not applicable

 

 

Attachments:

There are no attachments for this report.            


Ordinary Council Meeting                                                                                                 30 August 2018

General Manager's Report

ITEM 9.10    SF2513            300818         Donations Program (Section 356) 2018/2019 (Round 1) - Applications for Approval

 

AUTHOR/ENQUIRIES:    Teresa Boorer, Grants Officer         

 

 

Summary:

 

Council’s Donations Program 2018/2019 accepted applications from 2 July 2018 to 17 August 2018. Sixteen (16) community group applications were received within the time, and one (1) late application was received on Monday, 20 August 2018. Council’s Donations Policy states that each application will be identified, the amount applied for noted, and the purpose for which the funds are being requested.

 

Fifteen (15) of the sixteen (16) applications submitted by 17 August 2018 meet the eligibility criteria and can be considered for funding from the 2018/2019 donations budget. One (1) application from the Nambucca Valley Croquet Club Inc cannot currently be funded as the project may not go ahead, as they are awaiting advice on a funding application from the Office of Sport & Rec, to proceed. The LATE application submitted by the Nambucca Valley Cycle Club (NVCC) is an eligible application for funding.

 

This year the eligible applications in Round 1 total $7,739.10, (including the late application from NVCC). No Group has requested an amount over the cap of $500.00.  Council has a total allocation of $26,300 for 2018/2019, of which, to date, only $860.00 has been allocated.

 

As per Council’s adopted revised Donations Policy, Council will donate $100 to each of the Nambucca Shire’s fourteen (14) schools for annual Presentation Days and provide a donation of $500 to the Talarm Hall Committee of Management to cover out of pocket expenses in maintaining Welsh Pioneer Park. This is an additional $1,900.00 from the Donations budget at this time.

 

All applications are attached.

 

 

That Council:

 

1        Approve the fifteen (15) eligible applications for monetary donation requests received by 17 August 2018 totalling $7,392.00;

 

2        Approve the one (1) late eligible application for a monetary donation of $347.10 from the Nambucca Valley Cycle Club – received on 20 August 2018;

 

3        Note that the Nambucca Valley Croquet Club have been advised to apply for funding in Round 2, should their funding application to the Office of Sport be successful for the fencing.

 

 

OPTIONS:

 

That Council reject the above recommendations and decide to approve or not approve individual applications for funding in Round 1.

 

 

DISCUSSION

 

Donations Program Assessment

Sixteen (16) eligible applications, including one (1) late application, were received from community organisations under the Donations Program (Section 356) 2018/2019 program – Round 1, open from 2 July 2018 to 17 August 2018. The applications are summarised in the table below:

 


 

Section 356 Donation Applications:

 

Organisation

Amount Requested

Use of funds

Source of funds

Scotts Head Sports Fields CoM

$500.00

Contribution towards purchase of approved line-marking paid for the fields

GL

South Arm Hall CoM

$500.00

Contribution towards painting hall name and gable

GL

Nambucca District Historical Society (Nambucca Headland Museum CoM)

$500.00

Contribution towards establishing the museum as a centre of local history research – ancestry.com subscription, NBN connection, etc

GL

Nambucca Valley Bridge Club Inc

$500.00

Contribution towards cost of Bridge Card Dealing Machine

GL

Burrapine Community Hall CoM

$500.00

Contribution towards removal of kitchen and installation of new, including sink, taps, tiling and benchtop

 

Nambucca Valley Craft & Art Inc

$500.00

Contribution towards Banners and Brochures for the group for display and distribution within the community

GL

Frank Partridge VC Public School

$500.00

Contribution towards 2 programs for 30 students with disabilities – “Fishability” and “Surfability”

GL

Macksville Falcons Touch Football Association

$400.00

Contribution towards approved line-marking paint for marking out the touch football fields

GL

Bowraville Community Technology Centre

$500.00

Contribution towards printing and distributing the Community Newsletter

GL

Bowraville Community Development Association Inc

$500.00

Contribution towards reproduction and display of old photographs of the heritage property (now known as Pioneer Community Centre)

GL

Mary Boulton Pioneer Cottage & Museum CoM

$500.00

Contribution for the connection of electricity to the Machinery Shed at the Museum

GL

Bowraville Folk Museum Inc

$500.00

Contribution towards purchase of Portable Projector and Lenovo Tablet

GL

Eungai District Soldiers Memorial Hall CoM

$492.00

Lockable cabinet for storage and extension tap for kitchen

GL

Nambucca/Macksville Evening VIEW Club

$500.00

Contribution towards purchase of a laptop computer from Betta Electrical in Macksville

GL

Nambucca Valley Netball Association

$500.00

Contribution towards purchase of a custom-built trolley to move goal posts and post pads

GL

Nambucca Valley Cycle Club – LATE APPL’N

$347.10

Contribution towards purchase of Emergency signs installed on the cycling trail network

GL

TOTAL

$7,739.10

 

GL

 

One (1) ineligible application was received from a community organisation under the Donations Program (Section 356) 2018/2019 program – Round 1. The application is summarised in the table below:

 

Section 356 Donation Applications (currently ineligible):

 

Organisation

Amount Requested

Use of funds

Source of funds

Nambucca Valley Croquet Club Inc

$350.00

Contribution towards gate to provide access through a fence to be built, if funding approved through Office of Sport & Rec – not able to approve as project may not go ahead – advised Committee to apply in Round 2 if their funding application is successful.

GL

TOTAL

$350.00

 

GL

 

RELATED DONATIONS INFORMATION

 

As per Council’s adopted revised Donations Policy, Council will donate $100 to each of the Nambucca Shire’s fourteen (14) schools for annual Presentation Days and provide a donation of $500 to the Talarm Hall Committee of Management to cover out of pocket expenses in maintaining Welsh Pioneer Park. This is an additional $1,900.00 from the Donations budget at this time.

 

As per Council’s determination of 13/03/2013 in relation to an ongoing donation to the Nambucca District Rescue Squad Inc for payment of their waste, water and sewer costs, the amount that the NDRS was exempted from paying in both 2017/2018 and 2018/2019 was $511.00 - Council’s Assessment #11215998.

 

 

CONSULTATION:

 

General Manager

Manager Financial Services

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

There are no environmental impacts associated with this report.

 

Social

There are positive social benefits associated with the donation of money to various community groups throughout the Nambucca Shire.

 

Economic

There are positive economic impacts for the charitable organisations which would otherwise be unable to meet the costs of the noted projects.

 

Risk

There are no risks associated with this report.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

A total amount of $26,300 is available in the 2018/2019 budget.

 

Source of fund and any variance to working funds

General ledger funds as established by Council.

 

Service level changes and resourcing/staff implications

No change or implications.

 

 

Attachments:

1

30300/2018 - Section 356 Donation applications (15) - Round 1 - for attachment to Council Report

 

2

30301/2018 - Section 356 Donation application (ineligible) - Round 1 - Nambucca Valley Croquet Club

 

3

30363/2018 - LATE Application for Section 356 Donation Programme 2018/2019 - Round 1 - Nambucca Valley Cycle Club

 

  


Ordinary Council Meeting - 30 August 2018

Donations Program (Section 356) 2018/2019 (Round 1) - Applications for Approval

 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


Ordinary Council Meeting - 30 August 2018

Donations Program (Section 356) 2018/2019 (Round 1) - Applications for Approval

 


 


 


 


 


Ordinary Council Meeting - 30 August 2018

Donations Program (Section 356) 2018/2019 (Round 1) - Applications for Approval

 


 


 


 


 


 


 

 


Ordinary Council Meeting                                                                                                 30 August 2018

Corporate Services

ITEM 10.1    SF251              300818         Schedule of Council Public Meetings 2018

 

AUTHOR/ENQUIRIES:    Lorraine Hemsworth, Executive Assistant         

 

SUMMARY:

 

The following is a schedule of dates for public Council meetings to be held in 2018.  The meeting dates may change from to time and this will be recorded in the next available report to Council.

 

 

Recommendation:

 

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

 

 

 

MEETING

DATE

VENUE

COMMENCING

Ordinary Council Meeting

13 Sep

Council Chambers

5.30 PM

Water and Fisheries - Nambucca District Water Supply Bowraville Off River Storage - River Monitoring Committee

19 Sep

Council Chambers

10.00 AM

Access Committee

25 Sep

Council Chambers

2.00 PM

Ordinary Council Meeting

27 Sep

South Arm Hall

5.30 PM

Nambucca Business Advisory Committee

3 Oct

Council Chambers

6.00 PM

NSC Traffic Advisory Committee

9 Oct

Council Chambers

10.30 AM

Ordinary Council Meeting

11 Oct

Council Chambers

5.30 PM

Access Committee

23 Oct

Council Chambers

2.00 PM

Ordinary Council Meeting

25 Oct

Agents Hill Hall

5.30 PM

Vehicular Access to Beaches Committee

9 Nov

Council Chambers

1.30 PM

Council Meeting

15 Nov

Council Chambers

5.30 PM

Access Committee

27 Nov

Council Chambers

2.00 PM

Council Meeting

29 Nov

Eungai District Soldiers’ & Memorial Hall

5.30 PM

NSC Traffic Advisory Committee

4 Dec

Council Chambers

10.30 AM

Nambucca Business Advisory Committee

5 Dec

Council Chambers

6.00 PM

Council Meeting

13 Dec

Council Chambers

5.30 PM

 

Attachments:

There are no attachments for this report.  


Ordinary Council Meeting                                                                                                 30 August 2018

Assistant General Manager Corporate Services Report

ITEM 10.2    SF343              300818         Valla Public Hall Committee of Management - Annual General Meeting - 15 August 2018

 

AUTHOR/ENQUIRIES:    Lorraine Hemsworth, Executive Assistant         

 

Summary:

 

The report acknowledges the minutes of the Annual General Meeting (AGM) of the Valla Public Hall Committee of Management.  A copy of the minutes and financial report are attached.

 

 

Recommendation:

 

That Council endorse the minutes of the Valla Public Hall Committee of Management Annual General Meeting held on 15 August 2018 and thank the outgoing Committee for their work in the past twelve months.

 

OPTIONS:

 

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

 

 

DISCUSSION:

 

The AGM of the Valla Public Hall Committee of Management was held on 15 August 2018.

 

The Committee of Management for 2018/2019 comprises:

 

President                        Ron Henderson

Vice President                 Brian Pade

Secretary                        Peter Shales

Treasurer                         Belinda Williams

Bookings                        Liz Henderson

 

 

CONSULTATION:

 

There has been no consultation in preparing this report.

 

 

SUSTAINABILITY ASSESSMENT:

Environment

 

There are no implications on the environment.

 

Social

 

There are no social implications.

 


Economic

 

There are no economic implications.

 

Risk

 

There are no risk implications.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

There are impacts on current and future budgets.

 

Source of fund and any variance to working funds

 

There is no variance to working funds.

 

Service level changes and resourcing/staff implications

 

There are no changes or implications stemming from this report.

 

 

Attachments:

1

30419/2018 - AGM Minutes 15 August 2018 - Valla Community Hall

 

  


Ordinary Council Meeting - 30 August 2018

Valla Public Hall Committee of Management - Annual General Meeting - 15 August 2018

 


 


 


 

 


Ordinary Council Meeting                                                                                                 30 August 2018

Engineering Services

ITEM 11.1    SF1031            300818         Draft Beach Management Policy

 

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

 

Summary:

 

The attached draft Beach Management Policy (47676/2017) was presented to Council for adoption at its meeting held on 16 August 2018, when Council resolved to defer it until the meeting of the 30 August 2018.

 

Council currently has four policies titled Beaches- General Bonfires and Damage, Beaches – General Horses on Beaches, Beaches – Inspectors/Lifesaving Authority to patrol beaches to train and Vehicle Access to Beaches. 

 

On the 31 May 2018 Council resolved to place the draft Beach Management Policy on public exhibition for a period of 28 days and written submissions were encouraged to be received by 4.00pm on Thursday 19 July 2018

 

The exhibition period has now closed and no further submissions have been received.  The draft Beach Management Policy (47676/2017) is now presented to Council for adoption.

 

 

Recommendation:

 

1        That Council adopt the Draft Beach Management Policy (TRIM 47676/2017) and delete the following policies which have now been replaced:

 

a)       TRIM 3958/2006     Beaches – General bonfires and damage

b)       TRIM 3959/2006     Beaches – General horses on beaches

c)       TRIM 3961/2006     Beaches – Inspectors/lifesaving Authority to patrol beaches and to           train.

d)       TRIM 4331/2013     Vehicular access to beaches

 

3        That Council update the Policy Register and website accordingly.

 

 

OPTIONS:

 

1        Adopt the draft Beach Management Policy.

2        Provide further comment or amendments to adopting the draft Beach Management Policy.

3        Not proceed with the draft Beach Management Policy.

 

 

DISCUSSION:

 

As part of Council’s ongoing review of policies, a new draft policy has been prepared encompassing all previous policies under a single Beach Management Policy.  This Beach Management Policy is a standalone document that provides residents, Councilor’s and staff with all the information relating to beach management matters under the auspice of one policy document and its adoption will mean that the following specific policies will become redundant as singular policies and form part of the new document:

 

·   Beaches – General bonfires and damage (Our Ref 3958/2006)

·   Beaches – General horses on beaches  (Our Ref: 3959/2006)

·   Beaches – Inspectors/lifesaving Authority to patrol beaches and to train (Our Ref: 3961/2006)

·   Vehicle access to beaches (Our Ref: 4331/2013)

 

The inclusion of the following two new polices within the document:

 

·   New- Marine mammal disposal

·   New – Shark siting/incident management and guidelines

 

The reference to the following policy from Development and Environment within the document:

 

·    Companion Animals Control of Cats and Dogs Policy

 

In accordance with Council direction for review of policies, the amended draft policy and current policies were provided to Councillors for their comment prior to it being placed on public exhibition.  In this particular instance, comments were also sought from the Vehicular Access To Beaches Committee and Surf Life Saving NSW.  Written comments were encouraged on or before 4.00pm 26 April 2018.  Submissions are detailed in the discussion section of this report.  

 

On the 31 May 2018 Council resolved:

 

1        That Council receive and note the new Draft Beach Management Policy which encompasses the existing policies and the introduction of two new statements and procedures into one standalone document as follows:

 

a)   Two new statements and procedure within the Draft Beach Management Policy relating to shark siting / incident management and mammal disposal; and the incorporation of the following existing policies into one standalone document;

b)   Beaches – General bonfires and damage (Our Ref 3958/2006)

c)   Beaches – General horses on beaches (Our Ref: 3959/2006)

d)   Beaches – Inspectors/lifesaving Authority to patrol beaches and to train (Our Ref: 3961/2006)

e)   Vehicular access to beaches (Our Ref: 4331/2013)

 

2        That there be additional text relating to the protection of migratory shore birds.

 

3        That Council place the Draft Beach Management Policy (Our Ref: 47676/2017) on public exhibition for a period of 28 days seeking comment,

 

4        That Council advise the Vehicular Access To Beaches Committee members, Macksville-Scotts Head and Nambucca Heads Surf Life Saving Clubs Inc committees, SLS NSW and DPI  - Fisheries NSW that the Draft Beach Management Policy is on public exhibition and can be viewed on Council’s website should they wish to make any further comment.

 

5        That a further report be provided to Council following the closing of the exhibition period advising of any comments received from Councillors, the agencies listed in recommendation No. 2 and the general public detailing any potential amendments to the document and seeking formal adoption of the Draft Beach Management Policy.

 

The draft policy was amended to reflect these changes prior to going on public exhibition for a period of 28 days.  The public exhibition period finished on 19 July 2018 and no further comments have been received.

 

As the policies to be deleted have been provided on two separate occasions, they are not attached to this report, however, they can be viewed on Council’s website under Council & Engagement – Compliance, Forms, Policies & Reporting – Policies.

 

 

CONSULTATION:

 

General Manager

Council’s Ranger

Surf Life Saving NSW

Macksville-Scotts Head and Nambucca Heads Surf Life Saving Clubs Inc committees

DPI Fisheries NSW

Vehicular Access To Beaches Committee

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

The Policy addresses environmental management of the beach areas within the Shire.

 

Social

 

The Policy addresses social management of the beach areas within the Shire.

 

Economic

 

The Policy addresses economic management of the beach areas within the Shire.

 

Risk

 

The Policy addresses risk management of the beach areas within the Shire.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

There is no direct or indirect impact on current tor future budgets associated with the Policy

 

Source of fund and any variance to working funds

 

Council provides funding for surf lifesaving patrols during the Christmas holiday period

 

Council receive income from the sale of beach permits that are directed to the beach access maintenance.

 

Service level changes and resourcing/staff implications

 

There are no staff implications associated with this report.

Attachments:

1

47676/2017 - DRAFT - Beach Management Policy

 

  


Ordinary Council Meeting - 30 August 2018

Draft Beach Management Policy

 

 

 

Description: nambucca valley nsc

 

 

NAMBUCCA SHIRE COUNCIL

BEACH MANAGEMENT POLICY

 

 

Our Vision

 

Nambucca Valley ~ Living at its best

 

Our Mission Statement

 

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

 

 

 

1.0        Policy objective

 

This Beach Management Policy is a standalone document that provides residents, Councillors and staff with all the information relating to beach management matters under the auspice of one policy document.

 

To provide guidelines for the structured use, management and protection of the natural heritage of beaches and reserves within the Nambucca Local Government Area through the establishment of a system where beach usage can be managed and monitored through a range of actions including but not limited to Honorary and Council Rangers, signage, brochures, media and a 4WD vehicle permit system. 

 

To ensure a balance between the protection of natural environs together with an appropriate level of safety, equity, harmony, enjoyment and satisfaction for all persons using the beaches.

 

To provide the appropriate delegated authority to volunteer and paid lifesaving services protecting the safety of beach users and maximising the enjoyment for all key stake holders via the functions of beach patrol, risk management, regulatory controls and signage within the Nambucca LGA.

 

The section on shark siting and management was formulated in consultation with SLSNSW following a significant number of shark sightings and attacks along the coastal areas of NSW.  These guidelines are an aid in recognising and reducing the risks associated with sharks along the beaches within the Nambucca LGA. It also recognises the role of Council and lifesaving services in managing an environment that sharks inhabit and ensuring the general safety of beach goers.

 

As a land manager, Council, National Parks and Wildlife Service (a branch of OEH), Department of Industry – Crown Land or Department of Primary Industries – Fisheries are responsible for managing deceased whales or other carcasses that wash ashore.

 

2.0        Related legislation

·      Local Government Act 1993 and regulations

·      Section 377 of the Local Government Act 1993

·      Section 379 of the Local Government Act 1993

·      Section 633 of the Local Government Act 1993

·      Section 681A of the Local Government Act 1993

·      Local Government (General) Regulation 2005

·      Marine Safety Act 1998

·      Water Safety Practice Note No. 15 – September 2010

·      Beach Safety for Visitors to Australian beaches – www.beachsafe.org.au

·      Recreational Vehicles Act 1983

·      Road Transport (Vehicle Registration) Act 1997

·      Road Transport (Vehicle Registration Regulation 2007)

·      Road Transport (Driver Licensing) Act 1998

·      Road Transport (Driver Licensing Regulation 1999)

·      Fisheries Management Act 1994

·      Fisheries Management Regulation

·      Nambucca Shire Council Local Approvals Policy

·      Nambucca Shire Council Companion Animal Act 1998

·      Nambucca Shire Council Management Plan

 

3.0        Definitions

 

Definitions associated with this policy document are contained in ANNEXURE A

 

4.0        Policy statement

 

Nambucca Shire Council as a public authority is duty bound to maintain and protect its natural environment, maintain its assets and provide a balance between protecting the safety of beach users and managing the enjoyment for all key stakeholders 

 

Bonfires - prohibit the lighting of bonfires on beaches as they represent a risk to public safety The Policy recognises the effects on the environment from the lighting of fires, particularly during high fire danger and peak tourist periods, and the potential consequence of an untendered fire.

 

Commercial Activities – any activity for commercial purposes on any beach, community land, parks and reserves that come under the control of Council are regulated through Council’s Local Approvals Policy which outlines the criteria for those activities where approval is required.  This includes activities such as, but not limited to, water based activities (surfboard hire, boat hire, kayak hire, standup paddle boards, surfing lessons, surfing competitions, etc), along with personal or group training, boot camps, and any other commercial activities which may wish to use beaches, parks and reserves within the Nambucca LGA.

 

Dog Control – to maintain harmony between the owners of companion animals, other beach users, Council, Council staff, the Regulatory / Impounding Officer and the RSPCA.  A dog that is in a public place must be under the effective control of some competent person by means of an adequate chain, cord or leash when in an On-Leash Only area.  These areas are defined in Council’s Policy - Companion Animals Control of Dogs and Cats.

 

Fireworks – to have a fireworks display on any beach, community land, parks and reserves that come under the control of Council, the Applicant will require approval under Council’s Local Approvals Policy. The Applicant or their nominated person(s) must obtain a pyrotechnicians licence or a fireworks (single use) licence.  These are available from SafeWork NSW www.safework.nsw.gov.au

 

HorsesHorse-riding is a popular recreation and sporting activity, and appreciation and enjoyment of coastal areas on horseback is a quality experience for horse-riders. All recreational activities, including horse riding, can generate impacts on the environment and must therefore be managed in accordance with legislative requirements and the objectives for which certain lands are allocated.

 

Marine mammal carcasses - formulated to assist staff in managing the disposal of a carcass on the beach. Under current practices, whale carcasses may be left in-situ, buried, or transported to landfill or specified grave sites depending on the whale's size, state of decomposition and location.

 


 

Shark awareness - raise the awareness of a hazard and reduce the risk to the public using the beach facilities, and determine whether a patrolled or unpatrolled beach area is to be closed and swimmers asked to evacuate the water following the confirmation of sighting of a shark.

 

Delegated authority is provided to SLSNSW, DPI - Fisheries NSW and Council officers (hereafter called joint working group) to follow the guidelines in closing a beach(s) and the reopening of the beach(s) to ensure public safety in the event of a shark siting or attack.

 

Surf Life Saving Services, Training, Events, Crowd and Behavioural Management - provides the appropriate delegated authority to volunteer and paid lifesaving services protecting the safety of beach users and maximizing the enjoyment for all key stake holders via the functions of beach patrol, risk management, regulatory controls within the Nambucca LGA

 

Vehicular Access to Beaches: - Defines the locations and conditions where vehicles, professional fishermen, beach haulers and licensed bait gatherers can access and use the beaches.

 

Council will allow vehicles to be driven on local beaches at nominated locations, the vehicular access is restricted under the terms of the beach permit conditions outlined in a brochure entitled “Vehicles on Beaches” which prohibits vehicles in the location of habitat for migratory shore birds.

 

It also defines the role of Council’s Honorary Ranger and the extent of their capacity to advise the public of requirements and restrictions applicable to activities on the beach areas within the Nambucca Shire Council Local Government Area.

 

 

5.0        Promotion of Policy

 

This policy will be freely available on Council’s website. It will be provided to the Committee of Council responsible for managing beach access on Council’s behalf.  Reference to this policy will be made in any media release relating to beach access and on any board, screen or public notifications relating to beaches where appropriate.

 

 

6.0        History

 

Over the years Council has a number of policies related to beach matters.  This has bought about various changes in the way Council manages the beach environs and infrastructure provided to the community and visitors to our shire. 

 

This Beach Management Policy is a standalone document that provides residents, Councilor’s and staff with all the information relating to beach management matters under the auspice of one policy document and following its adoption by Council, will mean that the following specific policies will become redundant:

 

The new policy document will include reference to the following new categories:

 

·      Commercial activities on beaches (surf schools, boot camps etc) refer to Local Approvals Policy

·      Dog control (refer Councils Companion Animals

·      Fireworks

·      Marine mammal disposal

·      Shark siting/incident management and guidelines

 

and the following specific polices will become redundant as they have been combined into this one policy document:

·      Beaches General bonfires and damage (Our Ref 3958/2006)

·      Beaches General horses on beaches  (Our Ref: 3959/2006)

·      Beaches Inspectors/lifesaving Authority to patrol beaches and to train (Our Ref: 3961/2006)

·      Vehicular Access to Beaches (Our Ref: 4331/2013)

 


 

Bonfires on Beaches Policy was created in 1997 after an incident at Scotts Head. Sign posting was erected at the time and has been maintained since. Bonfires on beaches and reserves often occurs in association with vandalism relating to gaining firewood from trees and structures such as seats and tables.

 

Horses on Beaches Policy - For many years Council has permitted horse riding from Swimming Creek to the Valla Beach footbridge including race horses. A section of beach for Scotts Head and Valla Beach was allocated in 2001.

 

Marine Mammal Carcasses – In the past Council has buried the whale carcasses at the beach in an isolated area away from beach users with the assistance and direction of the National Parks and Wildlife Service (a branch of OEH), Department of Industry – Crown Land or Department of Primary Industries – Fisheries.

 

Surf Life Saving Services, Training, Events, Crowd and Behavioural Management - the previous Beaches – Inspectors/Lifesaving Authority to Patrol Beaches and To Train Policy did not make reference to the fact that the Surf Clubs also carry out various activities from locations other than ‘their’ beach, of which the Council is either the owner of the land or manager in trust. These areas are now included in this Policy. The Surf Clubs are required to provide these written permissions each year to the NSW Waterways Authority.

 

The written Deeds of Agreement referred to in this policy are to be updated each year prior to each summer patrol period. Section 379 of the LGA states:

 

379 A regulatory function of a council under chapter 7 must not be delegated or sub-delegated to a person or body other than:

 

(a) a committee of the council of which all the members are councillors or of which all the

members are either councillors or employees of the council; or

 

(b) an employee of the council; or

 

(c) a county council”

 

Section 379 does not allow council to delegate regulatory functions to Surf Life Saving Clubs, their members nor a company such as Valla Beach Resort. Therefore, the “control public behaviour” reference which appeared in the previous Beaches Policy No. 2 has been omitted from this policy.

 

In terms of regulatory functions, Council appoints SLSC members for the purpose of Section 681A of the Local Government Act 1993 as “authorised persons”. These appointments are reviewed annually.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Department:

Engineering Services

Last Reviewed

Resolution Number

Author:

AGMES

 

 

Document No.

47676/2017

 

 

First Adopted:

 

 

 

Resolution No:

 

 

 

Review Due:

January 2022

 

 

 

TABLE OF CONTENTS

PART A:        PRELIMINARY INFORMATION.. 7

Purpose. 7

Title. 7

Outline. 7

Statutory Context. 7

Consistency. 7

Review of this document. 7

PART B:        LEGISTLATIVE FRAMEWORK. 8

Local Government Act 1993 and regulations. 8

Local Government (General) Regulation 2005. 8

Marine Safety Act 1998. 8

Water Safety Practice Note No. 15 – September 2010. 8

Beach Safety for Visitors to Australian beaches – www.beachsfe.otg.au. 8

Recreational Vehicles Act 1983. 8

Road Transport (Vehicle Registration) Act 1997. 8

Road Transport (Vehicle Registration Regulation 2007) 8

Road Transport (Driver Licensing) Act 1998. 8

Road Transport (Driver Licensing Regulation 1999) 8

Fisheries Management Act 1994. 8

Fisheries Management Regulation. 8

Nambucca Shire Council Plans and Policies: 8

F     Management Plan. 8

F     Companion Animals Control of Cats and Dogs Policy. 8

F     Local Approvals Policy. 8

PART C:        BEACH MANAGEMENT. 9

BONFIRES ON BEACHES. 9

COMMERCIAL ACTIVITIES ON BEACHES. 9

Related Policy - Local Approvals. 9

Application Form.. 9

Lodgement of an application. 9

Assessment of an application. 9

Non-exclusive Licence. 9

DOG AND ANIMAL CONTROL ON BEACHES. 10

FIREWORKS. 10

HORSE RIDING ON BEACHES. 10

MARINE MAMMAL CARCASS DISPOSAL. 10

SHARK SIGHTING AND MANAGEMENT. 11

Procedure for staff and surf lifesaving personnel 11

Actions to be taken on a sighting: 11

Actions to be taken in the event of shark incident/bite: 11

State Duty Officer (SDO): 12

Media Liaison: 12

Reopening patrolled areas after a shark attack: 12

SURF LIFE SAVING SERVICES, TRAINING, EVENTS, CROWD AND BEHAVOURIAL MANAGEMENT: 13

Surf Life Saving Services: 13

Training. 13

Events. 13

Crowd and Behavioural Management 13


 

 

VEHICULAR ACCESS TO BEACHES. 14

Where 4WD Beach Access Will Be Permitted. 14

4WD Beach Permits. 15

Commercial Fisherman Permits. 15

Code of Conduct for Professional Fishers. 15

Exemptions from Permits. 16

Speed Restrictions. 16

Penalty infringement 17

Honorary Ranger Rules - Enforcing Beach Permit Conditions. 17

Rules and Regulations Applying to Reserves. 17

Regulation by Notice. 17

Enforcement 17

General Information for Honorary Rangers. 18

Insurance Coverage. 18

Request for repairs or improvements. 18

APPENDIX A – DEFINITIONS. 19

 


 

PART A: PRELIMINARY INFORMATION

 

 

Purpose

Nambucca Shire Council’s adopted mission is:

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

Council has adopted various local policies, in accordance with the Local Government Act 1993 that are relevant to the management of beaches within the LGA.

The purpose of this consolidated document is to bring together all Council policies relating to beaches into a single document and to allow Council’s customers and ratepayers to be reasonably aware of the existence of relevant regulations and local policies.

Title

This consolidated document is the Beach Management Policy.

Outline

The Beach Management Policy generally covers those activities relating to the use of the beaches within the Nambucca LGA that can be done, those that cannot be done, and those that require Council approval.

Statutory Context

The Beach Management Policy is a local policy made under the Local Government Act 1993 (Chapter 7, Part 3).

The Beach Management Policy will be a publicly available policy document under the Freedom of Information Act 1989 and be available on Council website.

Consistency

All Council’s policies are required to comply with the requirements of relevant Acts and Regulations and also to be consistent with the principles of ecologically sustainable development.

Where a local policy is inconsistent with the Local Government Act 1993 or the Regulations, then to the extent to which it is inconsistent is noted and council shall determine whether it is appropriate to retain or remove the dialogue.

In addition, a local policy cannot to be more onerous than the Local Government Act 1993 or the Regulations.

Review of this document

This policy document will be reviewed every four years as required as part of the Nambucca Shire Council Management Plan and within twelve months following the election of a new Council or as required with changes in legislation to ensure that it is up-to-date with current legislation and community expectations.


PART B: LEGISTLATIVE FRAMEWORK

 

 

Council provides various services appropriate to the current and future needs of local communities in accordance with the relevant Acts, Regulations and standards. Some of the relevant Acts, Regulations and standards are outlined below.

 

Local Government Act 1993 and regulations

The Local Government Act 1993 outlines Council’s power to do a range of functions.

 

·      Section 377 of the Local Government Act 1993

·      Section 379 of the Local Government Act 1993

·      Section 633 of the Local Government Act 1993

·      Section 681A of the Local Government Act 1993

 

Local Government (General) Regulation 2005

The Local Government (General) Regulation 2005, made under the Local Government Act 1993, further outlines and defines Council’s powers

 

Marine Safety Act 1998

Water Safety Practice Note No. 15 – September 2010

Beach Safety for Visitors to Australian beaches – www.beachsfe.otg.au

Recreational Vehicles Act 1983

Road Transport (Vehicle Registration) Act 1997

Road Transport (Vehicle Registration Regulation 2007)

Road Transport (Driver Licensing) Act 1998

Road Transport (Driver Licensing Regulation 1999)

Fisheries Management Act 1994

Fisheries Management Regulation

Nambucca Shire Council Plans and Policies:

F Management Plan

Every year, Council prepares a draft Management Plan outlining Council's activities for at least the next 3 years, and the revenue policy for the next year. This includes fees and charges for all of Council’s activities. The draft Management Plan is exhibited and comments are invited from the public prior to it being adopted by Council.

F Companion Animals Control of Cats and Dogs Policy

F Local Approvals Policy


 

PART C: BEACH MANAGEMENT

 

 

 

BONFIRES ON BEACHES

 

To maintain the appreciation and enjoyment of coastal areas and limit the impacts on the environment and the associated issues of timber debris and broken glass, bonfires are prohibited on all beaches in accordance with legislative requirements.

 

COMMERCIAL ACTIVITIES ON BEACHES

 

Related Policy - Local Approvals

 

Applicants wishing to undertake a commercial activity on community land such as parks and reserves, beaches etc., are encouraged to familiarise themselves with the Local Approvals Policy which is available for viewing or download on the Nambucca Shire Council website.  In particular, we refer you to Part 2 – Criteria – Local Approvals Policy – Section B Local Criteria.

 

Application Form

 

Commercial (recreation and tourism) uses are permitted only in locations considered acceptable to the type and scale of use and an Application Form Commercial Activities on Council Controlled Land

 

A non-refundable annual Licence application (plus inspection, lease and bond where applicable) is payable on lodgment of this application form (see Section 3 – Fees). These fees allow for assessment and monitoring of the commercial activity and maintenance of the public reserve related to the area used by the commercial activity.

 

Lodgement of an application

 

Most applications or bookings have a specific form and/or guide designed to assist in the lodgement of the application. Depending on the type of work or activity, fees may apply and where these are required they must be paid at the time of lodgement.

 

An application may be rejected within 7 days of receipt if it is not clear as to the approval sought or the application is not easily legible. Fees if applicable are refunded.

 

Assessment of an application

 

In assessing the more complex applications, additional information may be needed. Where this is the case, Council will contact the applicant within 21 days of receipt of an application.

 

Non-exclusive Licence

 

Any licence issued by Council merely approves the defined commercial activity at the stated locations. The application process, the licence and the applicable fee relate to a regulatory process not the sale of an exclusive right. The licence does not grant or imply exclusive use and the licence holder is always obliged to respect that these are shared public use areas and legitimated potential users include other commercial operators as well as members of the public.

 

Website Link:  Local Approvals Policy

 

 


 

DOG AND ANIMAL CONTROL ON BEACHES

 

Dogs are prohibited in some public places and anyone wishing to take a dog onto community land such as parks and reserves, beaches etc., are encouraged to familiarise themselves with Council’s Companion Animals Control of Dogs and Cats Policy which is available for viewing or download on the Nambucca Shire Council website. 

 

The purpose of a Companion Animals Control of Dogs and Cats Policy is to maintain harmony between the owners of companion animals, other residents, the Council, Council’s staff, the Regulatory/Impounding Officer and the RSPCA. 

 

Website Link:  Companion Animals Policy

 

 

FIREWORKS

 

Fireworks – to have a fireworks display on any beach, community land, parks and reserves that come under the control of Council, the Applicant will require approval under Council’s Local Approvals Policy. The Applicant or their nominated person(s) must obtain a pyrotechnicians licence or a fireworks (single use) licence.  These are available from SafeWork NSW www.safework.nsw.gov.au .

 

HORSE RIDING ON BEACHES

 

Horses can be ridden on the following beaches:

 

·      Swimming Creek north to the footbridge at Valla Beach Foot Bridge

·      Scotts Head north from the four wheel drive access

·      Valla Beach north from the four wheel drive access, with such activity being confined to non-vegetated areas excluding dunal areas

 

 

MARINE MAMMAL CARCASS DISPOSAL

 

As a land manager- Council, National Parks and Wildlife Service (a branch of OEH), Department of Industry – Crown Land or Department of Primary Industries – Fisheries are responsible for managing deceased whales or other carcasses that wash ashore.

 

All cetaceans (whales, dolphins and porpoises) are protected under the Federal Environment Protection and Biodiversity Conservation Act, as well as by various pieces of state conservation legislation

NOTE - The Office of Environment and Heritage are reviewing how deceased whales are managed on New South Wales beaches. The review will investigate public concerns, explore the science and suggest potential changes that can give the community greater confidence, this new policy has been developed for the management of Beaches within the Nambucca LGA and will be amended accordingly

 

Council acknowledges that there is;

 

·      no published best practice guideline or common resources that land managers can access to guide their decision making; and

·      that the Office of Environment and Heritage are reviewing how deceased whales are managed on New South Wales beaches

·      As whale numbers increase, it is likely that as a land manager council will need to potentially deal with whale carcasses more regularly.

 

 

SHARK SIGHTING AND MANAGEMENT

 

For the purposes of this document the word shark is used in the broad sense to include all sharks. It is recognised that not all sharks are dangerous with nearly all shark bites in NSW coastal waters being attributed to just three shark types. These include whaler sharks (including bull sharks), tiger sharks and great white sharks (also called white pointer or white shark).

 

Council have erected regulatory and non-regulatory warning signs at each beach access point in accordance with the Australian Standards to warn patrons of the potential hazards.

 

Council encourages safe swimming to reduce the risk of incidents involving sharks and humans, and promote the following precautions:

 

·      Always swim at a designated patrolled beach and between the red and yellow flags.(Council provide a patrolled beach service during the Christmas school holiday period only.

·      Leave the water immediately if a shark is sighted.

·      Leave the water if you hear a siren or a public address announcement. Do not enter the water if the beach is closed.

·      Never swim or surf alone.

·      Avoid swimming when it is dark or during the twilight hours (dusk or dawn) when sharks are most active and have a sensory advantage.

·      Never swim or surf in dirty or murky waters.

·      Do not swim or surf near schools of fish.

·      Do not swim in canals, channels, near a river or creek mouth or drainage outlets or where fish are being cleaned.

·      Steep drop offs are favored shark ‘hangouts’.

·      If you see a shark leave the water as quickly and calmly as possible

 

Procedure for staff and surf lifesaving personnel

 

Actions to be taken on a sighting:

 

In the event of a (lifesaving services, DPI - Fisheries or Council) confirmed shark sighting near the patrolled or unpatrolled area the following procedure shall occur:

 

Determine if patrolled area is to be closed and swimmers asked to evacuate the water (considering size of shark, proximity to swimmers, level of confirmation of sighting and conduct of shark).

 

Actions to be taken in the event of shark incident/bite:

 

In the event of an apparent shark incident/bite, the following procedure should be undertaken by lifesaving services or emergency services attending the incident:

 

·      Recover and treat the patient as per normal procedures;

·      Close the beach immediately – contact Council (02) 6568 2555 business hours or the on call Duty Officer after hours on 1800 26 27 28 so that the appropriate beach closed signage (stored at the Council Works deport Gumma Road can be erected;

·      SurfCom to contact the Branch Duty Officer and State Duty Officer (SDO) on 13SURF who will advise appropriate authorities (i.e. Fisheries NSW and Council) to activate NSW Shark Attack Response Plan;

·      Consider closing patrolled and unpatrolled areas at adjacent beaches;

·      Record as much detail regarding the incident as possible;

·      Implement critical incident debriefing / peer support process;

·      Consider deploying marker buoys at attack site(s) and last seen (victim & shark) locations;

·      Consider securing a body retrieval kit.

 

State Duty Officer (SDO):

 

·      Contact DPI – NSW Fisheries to advise.

·      Contact the SLSNSW Lifesaving Manager and ALS Manager (or Council Lifeguard Supervisor).

·      Ensure that the Rescue Coordinator at the relevant VKG Radio Communication Centre has been advised.

 

Media Liaison:

 

The SLSNSW Lifesaving Manager or Australian Lifeguard Service (NSW) Manager will notify the SLSNSW Media Manager. All media queries, releases and statements relating to shark attacks must be referred to:

 

·      Media Manager or the delegated spokesperson (i.e Lifesaving Manager).

·      Mayor, General Manager or Assistant General Managers for Council

 

Reopening patrolled areas after a shark attack:

 

The decision to reopen patrolled areas after a shark attack should be decision made by the joint working group. This group comprises DPI - Fisheries NSW, SLSNSW, and Council.

 

The beach where the attack occurred shall remain closed for a minimum period of 24 hours following an attack.

 

When deciding to reopen patrolled areas, a risk management approach needs to be undertaken and all risk factors need to be reviewed. If risk factors remain high, beaches should not be reopened.

 

Lifesaving services should be aware of the following risk factors so as to ensure a heightened sense of alertness and an appropriate level of response when these factors are present.

 

While sharks may be present at any time the following risk factors may increase the risk of an encounter with a shark. These risk factors are:

 

·      Twilight hours (dusk or dawn) and night. These are considered as times when sharks are typically more active;

·      Salt water meets fresh water. Often this water is dirty, silt-laden or has debris in it (including rivers);

·      Deeply overcast conditions;

·      Large amounts of fish schooling in the vicinity (seabirds diving is a good indicator of baitfish);

·      The occurrence of a shark attack in the area in the recent past; and

·      Swimming near steep drop offs and between sandbars.

 

Prior to reopening patrolled areas it is strongly recommended that a thorough search of the beach is made through the use of power craft and or aircraft (if available) to confirm that there are no further sightings of sharks in the area.

 

REFERENCE:

Fisheries NSW Shark Smart public education program website

DPI - Sharksmart

 


 

SURF LIFE SAVING SERVICES, TRAINING, EVENTS, CROWD AND BEHAVOURIAL MANAGEMENT:

 

Surf Life Saving Services:

 

Council shall engage the paid service of lifesaving during for the Christmas School holiday period only at the following designated areas;

 

Beach

Number of Lifeguards

Service Times

Period

 

South Valla Beach at Valla Beach

2

7 Days
9.30 am to 3.30 pm

Third week December to  26 January  inclusive of Australia Day

Main Beach at Nambucca Heads

2

5 Days
9.30 am to 3.30 pm

Third week December to  26 January  inclusive of Australia Day

Forster Beach at Scotts Head

2

5 Days
9.30 am to 3.30 pm

Third week December to 26 January  inclusive of Australia Day

 

Council recognises that volunteer surf lifesaving club patrols are of a service and rescue nature.

 

That as a matter of policy, Council grant delegated authority, under the provisions of Section 377 of the Local Government Act 1993, to the Nambucca Heads Surf Life Saving Club Inc. to establish patrols in accordance with the current written Deed of Agreement between the Council, the Surf Life Saving Club and the Surf Life Saving North Coast Branch Incorporated.

 

That as a matter of policy, Council grant delegated authority, under the provisions of Section 377 of the Local Government Act 1993, to the Macksville-Scotts Head Surf Life Saving Club Inc. to establish patrols in accordance with the current written Deed of Agreement between the Council, the Surf Life Saving Club and the Surf Life Saving North Coast Branch Incorporated.

 

Training

 

That as a matter of policy, Council grant delegated authority, under the provisions of Section 377 of the Local Government Act 1993, to the Nambucca Heads Surf Life Saving Club Inc. to carry out training activities and other events at and from the Stuart Island boat shed and Bellwood reserve, Nambucca Heads.

 

That as a matter of policy, Council grant delegated authority, under the provisions of Section 377 of the Local Government Act 1993, to the Macksville-Scotts Head Surf Life Saving Club Inc. to carry out training activities and other events at and from the McKay Street boat shed, Macksville.

 

Events

 

That as a matter of policy, Council grant delegated authority, under the provisions of Section 377 of the Local Government Act 1993, to the Nambucca Heads Surf Life Saving Club Inc. to conduct SLSA approved carnivals and similar events (such as radio station promotion days) at the Nambucca Heads Main Beach. Such authority is issued subject to the appropriate application forms being submitted two (2) months prior to the event with the certificate of currency indemnifying Council for Public Liability

 

That as a matter of policy, Council grant delegated authority, under the provisions of Section 377 of the Local Government Act 1993, to the Macksville-Scotts Head Surf Life Saving Club Inc. to conduct SLSA approved carnivals and similar events (such as radio station promotion days) at the Scotts Heads Beach. Such authority is issued subject to the appropriate application forms being submitted two (2) months prior to the event with the certificate of currency indemnifying Council for Public Liability

 

Crowd and Behavioural Management

 

Lifeguards, Council Rangers, and the Police have the authority to address issues of inappropriate behaviour such as noncompliance with water safety regulations to ensure public safety.  Persons ignoring the direction of a lifeguard will be dealt with under the relevant clauses of the Local Government Act 1993 and Police enforcement.

 

VEHICULAR ACCESS TO BEACHES

 

This policy recognises that:

 

·      the community holds a number of differing views on whether vehicles should be permitted on Council’s beaches and that there are a number of beaches where there has been a historical use by vehicles for fishing and recreation.

·      the beaches are a sensitive environment that are habitat to a range of native flora and fauna, and are also prone to coastal erosion.

·      the policy establishes a system where beach usage can be managed and monitored through a simple and consistent approach to the regulation of beach access by vehicles achieved through a range of actions including but not limited to Honorary and Council Rangers, signage, brochures, media and a vehicle permit system.

·      the role of Honorary Ranger in assisting Council preserve a high standard of safety and enjoyment of persons using beaches within the Nambucca Local Government Area and sets out the guidelines of the extent of their authority

·      Council will allow vehicles to be driven on local beaches at nominated locations providing they obtain a beach access permit and comply with the permit conditions. Details relating to the display of permits, offences, regulations, prohibited and permitted areas are outlined in a brochure entitled “Vehicles on Beaches”. 

·      Vehicular access is restricted under the terms of the beach permit conditions outlined in a brochure which prohibits vehicles in the location of habitat for migratory shore birds. Council acknowledges the local habitat for migratory shore birds and how these co-exist with vehicle access and control of dogs on beaches to minimise human disturbance at the nesting sites of threatened species (Little Terns, and Beach Stone Curlews). These sites are outside of the boundaries where vehicles are able to access and are generally located in low lying sand pits and sand islands at or near the mouths of estuaries and lagoons.

·      where feasible Council will maintain a cooperative arrangement with adjacent Council’s.  Currently Port Macquarie Hastings, Kempsey and Nambucca Shire Councils operate as a group whereby one permit applies to the three local government areas.

·      Council will allow licensed professional fishermen, beach haulers and licensed bait gatherers to drive on the beaches.  Access to beaches for these activities is allowed over a greater length of beach.  These locations are determined by State Government regulations.

 

These Commercial Operators are required to obtain a beach access permit.  In addition to the standard requirements, these operators must comply with the “NSW Ocean Hauling Fishery Commercial Fishers code of Practice for Hauling Activities” to retain their permit and be permitted to operate in this local government area.

 

These Commercial Operators shall operate under the Code of Conduct for Professional Fishers contained herein.

 

Where 4WD Beach Access Will Be Permitted

 

Signs are erected as close as possible to the location of the designated beach access entry points.  Vehicles will only be permitted on the following Council controlled beaches:

 

·      Valla/Valla Beach:

            Valla Beach access point (off Cockburn Street, Valla Beach) traversing north for a length of 2.4 km to Oyster Creek Knoll

 

·      Nambucca Heads:

          Swimming Creek Road access point traversing north towards Hyland Park for a length of 3.7km.

 

·      Scotts Head – Forster Beach:

            Forster Beach access point (off South Pacific Drive, Scotts Head) traversing north for a length of 10.6km.

 

4WD Beach Permits

 

·      Permits are required for all users of vehicles on beaches.

·      Vehicles may only access the beach at approved and signposted access points.

·      12 month beach access permit and a 2 week temporary permit are available from Nambucca Shire Council’s Administration Centre and selected locations. Permits apply for the financial year.

·      Permit fees are to be set annually by Council each financial year.

·      Permits must be clearly displayed on the windscreen or rear window of the vehicle and at the rear number plate of a motorcycle.

·      Permits are not transferable between vehicles – one permit per car/motorcycle is issued.

·      A replacement/damaged permit may be obtained on request at full cost.

·      The use of vehicles on the frontal dune is totally prohibited, this includes parking of vehicles.

·      Vehicles are not to park on the beach within 100 metres of an access point or along vehicle access tracks.  Vehicles can park within 20 metres of a 4WD track access point, land side only.

·      Users are to ensure that all passengers are wearing seat belts – riding in the rear of utilities or in a similar unconstrained manner is not permitted.

 

 

Commercial Fisherman Permits

 

The conditions for the issue of Permits to drive vehicles on the beach for Professional Net Fishermen shall be:

 

·      Permits will only be issued to Licensed Net Fishermen

·      Vehicles may only access the beach at approved and signposted access points.

·      The vehicle nominated on the Permit shall be distinctly marked with the name of the Licensed Fisherman and the words "Net Fisherman" displayed thereon.

·      The compliance with items of conditions applicable to Amateur Fishermen.

·      The Fishermen shall not operate through or drive upon pedestrian areas.

·      Vehicles to be driven onto beaches at specified locations to be designated on the permit.

·      The Permit fee for Professional Fishermen is set annually.

 

In addition to the standard requirements, these operators must comply with the “NSW Ocean Hauling Fishery Commercial Fishers code of Practice for Hauling Activities” to retain their permit and be permitted to operate in this local government area.

 

Code of Conduct for Professional Fishers

 

The Code of Conduct as detailed in the minutes of the Vehicles on Beaches Task Force of 15 December 1992 and detailed below is Council policy:

 

Code of Conduct for Commercial Fisherman

Beach Hauling and Bait Gathering  Within the Nambucca and Kempsey Shires and Hastings Municipality

 

1    I will observe all the conditions under which my Beach Driving Permit is issued.

2    I will observe all Council and other relevant authorities' regulations, paying particular attention to:

i      Camping

ii     Litter

iii     Lighting of fires

iv    Toileting

v     Consumption of alcohol

vi    Speed limits

vii    Key regulations

viii   Protection of coastal vegetation

 

3    I will keep to the absolute minimum, the number of vehicles my crew have on the beach.

4    I will display on my vehicle in large letters my fisherman's file number and the number issued to my licensed fishing boat (if applicable).

5    I will co-operate with dune care groups and assist with their management plans.

6    I will obey reasonable instructions from Surf Life Saving Club duty patrol officers and Council Beach Inspectors.

7    I will only use my vehicle on areas specifically set aside for Professional Fishermen whilst actively engaged in bona fide fishing.

8    I will operate the hazard lights or revolving lights on my vehicle when driving on the beach, whenever common sense dictates.

9    On beaches within National Parks and Reserves

i    particular care will be taken to drive below the mean high water mark and to never drive on dunal vegetation.

ii   no dogs will be taken into National Parks.

The practice of "SPOTLIGHTING" is banned on all beaches within the Nambucca Shire and Hastings Municipality and all beaches except Trial Bay within Kempsey Shire.  The permission of the Arakoon State Recreation Trust will be necessary to "spot light" on Trial Bay.

 

10   I understand that a breach of this Code of Conduct may result in either my permit being cancelled or a refusal to issue a permit for next season.

 

Exemptions from Permits

 

·      Persons launching and retrieving boats at specifically designated areas.  These areas being the boat ramps at Shelly Beach, Nambucca Heads and Forster Beach, Scotts Head (near the Surf Club).

·      Volunteer and professional life saving services during patrols, carnivals and training.

·      Emergency services during an operation relating to rescues, environmental emergency (e.g. oil spill) illegal landings (e.g. boat people).

·      Authorised Council staff and contractors relating to beach maintenance (raking and litter collections) re-leveling of boat ramp access, weed control, beach improvements (e.g. construction of erosion protection structures), restoration of dunes, re-vegetation, cleanups (e.g. litter from storms, collection and disposal of dead animals, large quantities of seaweed), opening or closing estuary entrances in accordance with Plans of Management and/or government approvals.

·      Authorised staff, agents and contractors of State and Federal Government agencies in the performance of their duties.

 

Council will maintain a register of permit holders.  Access to the register will be provided to Council’s Ranger. 

 

Speed Restrictions

 

Users shall at all times observe the need to drive vehicles in a safe and responsible manner that does not impose a threat to the safety of other beach users. This especially applies to areas around the access points to beaches where bathers are more likely to be encountered.

 

The following speed limits shall apply:

 

50 km/h maximum speed limit on all beaches:

25 km/h maximum speed shall apply when a vehicle is within 100 metres of people on the beach

 

Penalty infringement

 

Council staff will be responsible for implementing the policy with regular inspections during peak holiday periods.

 

Registration plates of vehicles observed without a permit will be recorded and forwarded to the NSW Police or issued a penalty infringement notice from Council’s Ranger.

 

Any person driving in restricted or prohibited areas will be considered to be in breach of the Recreation Vehicles Act 1983 which provides for penalties of up to $500, or a breach of the Local Government Act 1993 which provides for penalties of up to $550. On-the-spot fines of $110 may be also issued. Nambucca Shire Council reserves the right to withdraw the beach driving permit from vehicles found contravening this policy

 

The following persons are authorised to enforce this policy:

 

·      Officers of the NSW Police Force

·      Authorised Officers as defined under the Recreational Vehicles Act 1983

·      Council Ranger

·      Officers of the National Parks and Wildlife Service

 

Honorary Ranger Rules - Enforcing Beach Permit Conditions

 

Honorary Rangers are appointed under Section 377 of the Local Government Act 1993 and have the role of advising the public of requirements and restrictions applicable to activities on beach areas within the Nambucca Shire Council Local Government Area, and of reporting details of breaches to Councils Ranger and/or the Police, for further action.

 

Council’s Honorary Rangers may call for the removal of any person, who by disorderly or insulting conduct on the public beach areas within the Nambucca Shire Council Local Government Area causes annoyance or inconvenience to the persons then present or going to or coming from the same.

 

The Honorary Ranger’s authority does not, extend to issuing fines or themselves undertaking forceful action, except in as much as their everyday rights of a citizen apply.

 

All Honorary Rangers will be supplied with an authorised Identification Badge to be carried and presented when acting in Honorary Ranger capacity.

 

Rules and Regulations Applying to Reserves

 

The role of an Honorary Ranger will largely be performed by “keeping an eye out” for anti-social behaviour and, if necessary, reporting the incident to Councils Ranger and or Police.

 

Regulation by Notice

 

Council beaches are sign posted to regulate their use and include but not limited to:

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