NAMBUCCA

SHIRE COUNCIL

 


Ordinary Council Meeting

AGENDA ITEMS

27 September 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 - 27 September 2018

 

Acknowledgement of Country            (Mayor)

 

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

 

AGENDA                                                                                                   Page

 

1        APOLOGIES

2        PRAYER

3        DISCLOSURE OF INTEREST

4        CONFIRMATION OF MINUTES —

Ordinary Council Meeting - 13 September 2018............................................................................. 7

5        NOTICES OF MOTION

5.1     NOTICE OF MOTION - Leave of Absence - Cr Janine Reed - 26 October to 6 November 2018 inclusive..................................................................................................................................... 17  

6        PUBLIC FORUM

7        ASKING OF QUESTIONS WITH NOTICE   

8        QUESTIONS FOR CLOSED MEETING WHERE DUE NOTICE HAS BEEN RECEIVED

9        General Manager Report

9.1     Outstanding Actions and Reports.................................................................................... 18

9.2     Draft Cemetery Policy..................................................................................................... 25

9.3     LEP and DCP Amendment.............................................................................................. 45

9.4     Undetermined Development Applications either greater than 12 months or where submissions received to 20 September 2018................................................................................................... 283

9.5     Minutes of the Nambucca Rivers, Creeks, Estuaries and Coastline Management Committee - 13 June 2018............................................................................................................................. 284

9.6     Minutes of the Nambucca Shire Council Access Committee meeting held 24 July 2018..... 290

9.7     Precious Memories - proposed reprint........................................................................... 294

9.8     Lodgement of Application to Minister for Lands and Forestry for Classification and Categorisation of Crown Reserves............................................................................................................ 296

10      Assistant General Manager Corporate Services Report

10.1   Fraud Management and Prevention Strategy and Policy.................................................. 320

10.2   Rate Peg for 2019/20.................................................................................................... 351

10.3   Legislative Compliance Policy....................................................................................... 357

10.4   Future Implementation of New Accounting Standards..................................................... 361

10.5   Review of Accounting Policies...................................................................................... 363

10.6   Year End Financial Working Result - 30 June 2018 - Budget Review................................. 389

10.7   Investment Report to 31 August 2018............................................................................. 474

10.8   South Arm Hall Committee of Management - Annual General Meeting - 2 September 2018 479

10.9   Warrell Creek Hall Committee of Management - Annual General Meeting - 5 September 2018 483

10.10  Argents Hill Hall Committee of Management - Annual General Meeting - 10 September 2018 488

10.11  Schedule of Council Public Meetings 2018..................................................................... 494

11      Assistant General Manager Engineering Services Report

11.1   2018-19 Capital Works Program Monthly Report............................................................. 495

11.2   2018-19 Allocation for NSW Rural Fire Fighting Fund...................................................... 506

11.3   Lanes Bridge Bowraville - Progress report No1............................................................... 509

11.4   Annual/Biennial Contracts - 1 October 2018 - 30 September 2019/2020............................ 515

11.5   T023/2018 Tender for provision of Crane Services for Construction of Lanes Bridge, Bowraville  519

11.6   T024/2018 Tender for provision of precast Components for Construction of Lanes Bridge, Bowraville.................................................................................................................................... 522    

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

12.1   T023/2018 Tender for provision of Crane Services for Construction of 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.

 

12.2   T024/2018 Tender for provision of precast Components for Construction of 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 MEETINGc

       ii        PUBLIC VERBAL REPRESENTATIONS REGARDING PROPOSAL

     TO CLOSE

       iii       CONSIDERATION OF PUBLIC REPRESENTATIONS

                   iv       DEAL WITH MOTION TO CLOSE THE MEETING

13      MEETING CLOSED TO THE PUBLIC

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


NAMBUCCA SHIRE COUNCIL

 

Description: nambucca valley nsc

 

DISCLOSURE OF INTEREST AT MEETINGS

 

 

Name of Meeting:

 

Meeting Date:

 

Item/Report Number:

 

Item/Report Title:

 

 

 

I

 

declare the following interest:

          (name)

 

 

 

 

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

 

 

 

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

 

 

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

 

For the reason that

 

 

 

 

 

 

Signed

 

Date

 

 

 

 

 

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

 

Council’s Facsimile Number – (02) 6568 2201

 

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

 


Definitions

 

(Local Government Act and Code of Conduct)

 

 

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

(Local Government Act, 1993 section 442 and 443)

 

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

 

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

 

 

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

 

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

 

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

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

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

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

 


NAMBUCCA SHIRE COUNCIL

Ordinary Council Meeting

MINUTES OF THE Ordinary Council Meeting HELD ON 13 September 2018

The following document is the minutes of the Ordinary Council meeting held 13 September 2018.  These minutes are subject to confirmation as to their accuracy at the next meeting to be held on Thursday 27 September 2018 and therefore subject to change.  Please refer to the minutes of 27 September 2018 for confirmation.

PRESENT

 

Cr Rhonda Hoban (Mayor)

Cr Brian Finlayson (Arrived 5.42pm)

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)

 

 

APOLOGIES

 

Cr Martin Ballangarry OAM (Deputy Mayor)

Cr John Ainsworth

 

 

PRAYER

 

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

 

DISCLOSURE OF INTEREST

 

Councillor Rhonda Hoban declared a non-pecuniary - less significant conflict of interest in Item 9.2 Transitioning Defence Force Veterans to the Nambucca Valley – Proposed Creation of a Section 355 Committee under the Local Government Act as Cr Hoban has a son serving in the Defence Force.

 

Councillor Anne Smyth declared a non-pecuniary - less significant conflict of interest in Item 9.3 Addition of 590 Hectares of State Forest to Gumbaynggirr National Park under the Local Government Act as Cr Smyth is a member of the Nambucca Valley Conservation Association whose advice was sought in relation to the environmental value of the announced addition of 590 hectares to the Gumbaynggirr National Park.

 

Councillor Janine Reed declared a pecuniary interest in Item 9.8 Development Applications and Complying Development Applications Received under the Local Government Act as Cr Reed is the elected Chairman of the Nambucca Valley Care Group who are the owners of the property for application DA2018/177. Cr Reed left the meeting for this item.

 

CONFIRMATION OF MINUTES - Ordinary Council Meeting

 

SUBJECT:   CONFIRMATION OF MINUTES - Ordinary Council Meeting 30 August 2018

404/18 RESOLVED:        (Wilson/Jenvey)

 

That the minutes of the Ordinary Council Meeting of 30 August 2018 be confirmed.

 

 

 

 

Cr Finlayson arrived at the meeting at 5.42PM.

Cr Finlayson declared a significant conflict of interest and left the meeting prior to the commencement of this Item for the reason that he had previously provided legal services in relation to the matter.

Mayoral Minute – Court of Criminal Appeal – Bowraville Murders

Motion:      (Hoban)

 

That Council note with disappointment that the Court of Criminal Appeal today ruled a man should not be retried for the murders of two children in Bowraville in the early 1990’s or tried for the first time over the murder of a third.

That Council and the community support the families of Colleen, Evelyn and Clinton and pray that justice may still one day be served.

 

Amendment:       (Jenvey/Smyth)

 

That Council note with disappointment that the Court of Criminal Appeal today ruled a man should not be retried for the murders of two children in Bowraville in the early 1990’s or tried for the first time over the murder of a third.

 

That Council and the community support the families of Colleen, Evelyn and Clinton and hope that justice may still one day be served.

 

The amendment was carried and became the motion.

 

 

405/18 Resolved:        (Jenvey/Smyth)

 

That Council note with disappointment that the Court of Criminal Appeal today ruled a man should not be retried for the murders of two children in Bowraville in the early 1990’s or tried for the first time over the murder of a third.

 

That Council and the community support the families of Colleen, Evelyn and Clinton and hope that justice may still one day be served.

 

 

Councillor Brian Finlayson returned to the meeting at the completion of this item, the time being 5.48 PM

 

DELEGATIONS

RECOMMENDATION

 

That the following delegations be heard:

 

5.1  NOTICE OF MOTION - Review of Policy - Memorials on Council Controlled Land

       i           Rod Edwards

 

9.2   Transitioning Defence Force Veterans to the Nambucca Valley - Proposed Creation of a Section 355 Committee

 

       ii          Mike Birtles

 

Mr Rod Edwards addressed Council with prepared notes being placed on File TRIM 33454/2018.

 


 

NOTICE OF MOTION - CR Hoban

ITEM 5.1      SF2433              130918      NOTICE OF MOTION - Review of Policy - Memorials on Council Controlled Land

406/18 RESOLVED:        (Hoban/Smyth)

 

That after considering the policies of other councils Council receive a report on its Policy for Memorials on Council Controlled Land giving consideration to the possibility of a policy that allows memorials that are consistent with Council’s adopted Capital Works Program or an adopted Masterplan or Plan of Management.

 

 

 

 

NOTICE OF MOTION - CR Hoban

ITEM 5.2      SF2433              130918      NOTICE OF MOTION - Request for Sign - John's Cutting Missabotti

motion:      (Hoban/Smyth)

 

That Council advise the Missabotti Community Centre Committee of Management that although Council recognises the contribution of the Johns family to the Missabotti community as evidenced by the naming of Johns Bridge further naming of the road cutting does not meet Council’s current policy.

 

Amendment:       (Reed/Jenvey)

 

That in recognition of the historic reference to John’s Cutting as can be evidenced in the Nambucca Bellinger News since 1925, Council apply to the Geographical Names Board to officially name the cutting on Missabotti Road, “Johns Cutting” and that the Missabotti Community Centre Committee of Management be advised on the action.

 

The amendment was carried and became the motion.

 

407/18 Resolved:        (Reed/Jenvey)

 

That in recognition of the historic reference to John’s Cutting as can be evidenced in the Nambucca Bellinger News since 1925, Council apply to the Geographical Names Board to officially name the cutting on Missabotti Road, “Johns Cutting” and that the Missabotti Community Centre Committee of Management be advised on the action.

 

 

 

 

NOTICE OF MOTION - CR Wilson

ITEM 5.3      SF2433              130918      NOTICE OF MOTION - Leave of Absence - Cr John Wilson - 31 October to 18 November 2018 inclusive

408/18 RESOLVED:        (Wilson/Jones)

 

That Cr John Wilson be granted leave of absence in accordance with Section 234(d) of the Local Government Act for the period 31 October to 18 November 2018 inclusive.

 

 

  

 

ASKING OF QUESTIONS WITH NOTICE

 

There were no questions with notice.

 

QUESTIONS FOR CLOSED MEETING WHERE DUE NOTICE HAS BEEN RECEIVED

 

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

 

 

Delegation Continued:

 

9.2     Mr Mike Birtles - Transitioning Defence Force Veterans to the Nambucca Valley - Proposed Creation of a Section 355 Committee

 

Mr Birtles addressed Council with prepared notes being placed on File.

 

 

 

ITEM 9.2      SF873                130918      Transitioning Defence Force Veterans to the Nambucca Valley - Proposed Creation of a Section 355 Committee

409/18 RESOLVED:        (Wilson/Reed)

 

1           That Council establish and provide administrative support and publications to a Section 355 Committee of Management, to be known as the “We’re Here” Committee, to support defence personnel transitioning from the armed services by encouraging them to settle in the Nambucca Valley.

 

2        Cr John Wilson be the Councillor on the Committee.

 

 

 

General Manager Report

ITEM 9.1      SF959                130918      Outstanding Actions and Reports

410/18 RESOLVED:        (Reed/Wilson)

 

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

 

 

 

 

Item 9.2 was dealt with under Delegations

 

 

 

 

 


 

 

ITEM 9.3      SF2162              130918      Addition of 590 hectares of State Forest to the Gumbaynggirr National Park

411/18 RESOLVED:        (Reed/Finlayson)

 

That Council note the addition of 590 hectares of State Forest to the Gumbaynggirr National Park.

 

 

 

 

 

ITEM 9.4      SF2329              130918      Minutes of the Business Advisory Committee Meeting held on 5 September 2018

412/18 RESOLVED:        (Reed/Wilson)

 

That the following actions arising out of the Business Advisory Committee’s meeting held on 5 September 2018 be adopted:

 

1        Arrangements be made for the completion of the parklet and its installation in Macksville.

 

2        That Council endorse the lodgement of the Club Grants application for two pairs of Variable Digital Message Boards at a cost of $60,000 noting that if Council is successful it will need to make a contribution of $30,000 from working funds.

 

3        That Council staff report on options to improve and/or relocate the River Street, Macksville amenities and also options to improve the standard of the amenities in Fletcher Street, Nambucca Heads.

 

4        A letter of thanks be sent to Mr Rob McWilliam for the provision of his scissor lift for the use by artists preparing the murals in Wallace Lane.

 

 

 

ITEM 9.5      SF1067              130918      New Model Code of Conduct

413/18 RESOLVED:        (Wilson/Finlayson)

 

That Council note the information concerning the new Model Code of Conduct; Procedures for Administration; and Councillor Induction and Professional Development Guidelines and that a further report be submitted to Council on their adoption after they have been prescribed.

 

 

 

 

ITEM 9.6      SF2423              130918      Undetermined Development Applications either greater than 12 months or where submissions received to 6 September 2018

414/18 RESOLVED:        (Wilson/Finlayson)

That the information contained in the report on undetermined Development Applications either greater than 12 months or where submissions received to 6 September 2018 be noted by Council.

 

 

 

 

ITEM 9.7      SF2423              130918      2018 August - Approved Construction and Complying Development Certificates

415/18 RESOLVED:        (Finlayson/Reed)

 

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

 

 

 

 

Councillor Janine Reed left the meeting before the commencement of this item, the time being 6:25 PM

 

ITEM 9.8      SF2423              130918      2018 August - Development Applications and Complying Development Applications Received

416/18 RESOLVED:        (Finlayson/Wilson)

 

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

 

 

Councillor Janine Reed returned to the meeting at the completion of this item, the time being 6:28 PM

 

 

 

ITEM 9.9      SF1120              130918      Grant Application Status Report

417/18 RESOLVEDS:      (Wilson/Finlayson)

 

1        That Council receive the list of grant applications including active projects, successful and unsuccessful applications, and undetermined applications, to 4 September 2018.

 

2        That Council approve an amount of $165,747 from working funds as the matching funding for the ClubGRANTS approved application for Phillip Hughes Oval;

 

3        That Council note the matching cash funding of $15,000 for the OEH program for Restoration of Beach Access Way at Nambucca Heads is included in the 2018/2019 budget – WO3063;

 

4        That Council note the matching cash funding for the OEH program for Construction of 2 x disabled accessible fishing platforms at Nambucca Heads will be included as a part of the boardwalk rehabilitation, included in the 2018/2019 budget – WO2020;

 

5        That a report come back to Council on the funding of the proposed Playing Fields and Amenities for urban growth area, South Macksville and to include consideration of the use of Section 94 Funds;

 

6        That Council reallocate $28,000 of the $65,000 in the 2018/2019 budget in WO2310 for Estuary Management Plan actions as a consequence that Council has failed to attract matching fund with the funds to be committed to other estuary works being the East Street drain; and the sign and shelter for Deep Creek.

 

 

 

 

 

General Manager Report - LATE

ITEM 9.10    SF2397              130918      Outcome of Regional Sports Infrastructure Funding Applications

418/18 RESOLVED:        (Finlayson/Reed)

 

1        Council note that its applications for funding under the Regional Sports Infrastructure Fund for the Nambucca Valley Connected (Bowraville) project and the Macksville Memorial Aquatic Centre have both been rejected.

 

2        Council advise the various volunteer groups who were involved in both applications of the their rejection and that they be thanked for all of the time and assistance they provided in preparing and lodging the applications.

 

 

 

 

Assistant General Manager Corporate Services Report

ITEM 10.1    SF355                130918      Tabling of Returns Disclosing Interests of Councillors and Designated Persons

419/18 RESOLVED:        (Finlayson/Jones)

 

That the returns disclosing interests of Councillors and designated persons, for the period ended 30 June 2018, be tabled.

 

 

 

 

ITEM 10.2    SF1301              130918      Section 355 Committee Guidelines and Delegations of Authority

420/18 RESOLVED:        (Reed/Wilson)

 

THAT:

 

a)       Council adopt the revised Guidelines and Delegations of Authority for S355 Committees.

b)       Council request each committee to forward its fees and charges to Council as soon as possible so that they can be advertised and adopted by Council.

c)       Council investigate a lease of its facilities where they are being managed by an incorporated body.

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

e)       That the “We’re Here” 355 Committee be added to the document.

 

 

 

 

ITEM 10.3    SF827                130918      Commonwealth Financial Assistance Grant

421/18 RESOLVED:        (Reed/Finlayson)

 

That Council receive and note the Report.

 

 

 

 

 

ITEM 10.4    SF1755              130918      Customer Service Charter and Engagement Strategy

422/18 RESOLVED:        (Reed/Wilson)

 

That the Customer Service Charter and Communication and Stakeholder Engagement Strategy be adopted.

 

 

423/18 Resolved:        (Smyth/Jenvey)

 

That the next quarterly waste report contain information on the MyBin App including its cost to Council.

 

 

 

 

ITEM 10.5    SF251                130918      Schedule of Council Public Meetings 2018

424/18 RESOLVED:        (Wilson/Reed)

 

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

 

2        That Council note the next Ordinary Council meeting is to be held at South Arm Hall on 27 September 2018.

 

 

 

 

 

ITEM 10.6    SF321                130918      Missabotti Hall Committee of Management - Annual General Meeting - 5 August 2018

425/18 RESOLVED:        (Reed/Wilson)

 

That Council endorse the minutes of the Missabotti Hall Committee of Management Annual General Meeting held on 5 August 2018 and thank the outgoing Committee for their work in the past twelve months.

 

 

 

     

COUNCIL IN CLOSED MEETING (CLOSED TO THE PUBLIC)

426/18 RESOLVED:        (Finlayson/Jenvey)

 

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

 

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

 

Reason reports are in Closed Meeting:

 

 

 

General Manager Report

For Confidential Business Paper in Closed Meeting

ITEM 11.1    SF1549              130918      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 11.2    SF1437              130918      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 11.3    SF1503              130918      Nambucca Valley Regional Sports Facilitation 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) (a) of the Local Government Act, 1993, on the grounds that the report contains personnel matters concerning particular individuals.

 

 

 

 

CLOSED MEETING

 

The Ordinary Council Meeting's Meeting IN CLOSED MEETING commenced at 7.06pm.

 

RESUME IN OPEN MEETING

427/18 RESOLVED:        (Reed/Finlayson)

 

That Ordinary Council Meeting resume in Open Meeting. The Ordinary Council Meeting resumed IN OPEN MEETING at  7.15pm.

 

 


 

FROM COUNCIL IN CLOSED MEETING

 

The Mayor then read the Confidential resolutions.

 

General Manager Report

For Confidential Business Paper in Closed Meeting

ITEM 11.1    SF1549              130918      Incidents Pertaining to Regulatory Non-Compliance, Fines, Penalties, Prosecutions, Potential Major Claims or Loss of Reputation

428/18 RESOLVED:        (Finlayson/Smyth)

 

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 11.2    SF1437              130918      Stuart Island - Renewal of Lease to Golf Club

429/18 RESOLVED:        (Reed/Wilson)

 

That Council note the advice of the Hon. Paul Toole MP in relation to the renewal of a lease to the Nambucca Heads Island Golf Club.

 

 

 

 

For Confidential Business Paper in Closed Meeting

ITEM 11.3    SF1503              130918      Nambucca Valley Regional Sports Facilitation Program

430/18 RESOLVED:        (Wilson/Reed)

 

Council accept the audit findings and reimburse the amount of $4,857.48 to the Department of Prime Minister and Cabinet.

 

 

 

 

CLOSURE

 

There being no further business the Mayor then closed the meeting the time being 7.15pm.

 

Confirmed and signed by the Mayor on 27 September 2018.

 

 

 

 

Cr Rhonda Hoban

MAYOR

(CHAIRPERSON)

 

     


Ordinary Council Meeting                                                                                           27 September 2018

Notice of Motion

ITEM 5.1      SF2433            270918         NOTICE OF MOTION - Leave of Absence - Cr Janine Reed - 26 October to 6 November 2018 inclusive

 

AUTHOR/ENQUIRIES:    Janine Reed, Councillor         

 

Summary:

 

I, (Cr Janine Reed) request leave for the period 26 October to 6 November 2018 inclusive for personal reasons.

 

 

Recommendation:

 

That Cr Janine Reed be granted leave of absence in accordance with Section 234(d) of the Local Government Act for the period 26 October to 6 November 2018 inclusive.

 

 

 

 

 

Attachments:

There are no attachments for this report.         


Ordinary Council Meeting                                                                                           27 September 2018

General Manager

ITEM 9.1      SF959              270918         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.

 

19/8/18 - Report on a compulsory acquisition to Council’s meeting 11 October 2018

 

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.

 

19/8/18 – GM to contact John Alexander from RMS in relation to the delay.

 

20/9/18 – A workshop is to be organised with Council and the RMS to determine an acceptable option.

 

JANUARY 2017

3

SF2208

12/1/17

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.

 

SEPTEMBER 2017

6

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

7

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

8

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.

 

5/9/18 – there is a report to Council’s meeting on 13/9/18 in relation to a Government announcement on additional conservation areas.

 


 

APRIL 2018

9

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.

 

19/8/18 – Report to October meeting.

 

10

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.

 

11

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.

 

4/9/18 – request added to media release to be issued by local member

 

 

12

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.

 

19/8/18 – Report to November meeting.

 

MAY 2018

13

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.

 

19/8/18 - Staff has met on site with residents of No 14 High St No 32 High St. Discussions with the owners of both these dwellings has confirmed the results of GHD’s modelling. The residents indicated the historical height of previous flood waters and for this reason, it was concluded that these dwellings did not require lifting. A formal letter has be sent to the property owners advising that there is no further action being taken by Council.

 

The owner of No 8 High St Bowraville has been contacted, and will be meeting with Council Staff on site in early October as they are presently away from the Shire. A further report will be provided to Council.

 


 

14

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

15

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

16

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

 

6/09/18 – matter discussed with MDE – consultation with LALCs and Native Title claimants to be undertaken.  Report now scheduled for November 2018.

17

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.

AUGUST 2018

18

SF2433

16/08/18

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

GM

Report in February 2019

19

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

20

 

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

21

SF2413

16/08/18

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

 

AGMCS

22/08/18 Workshop to be convened.

 

6/09/18 - Risk framework being reviewed by management.  Council workshop proposed for November 2018.

22

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

 

5/9/18 – GM has contacted Optus who are to come up with a proposal for slimline antennas to address Nambucca Heads black spots including the Plaza and Swimming Creek.

 

19/8/18 – GM to follow-up with Optus

 

23

SF2433

30/08/18

Council receive a brief report on the use of Otta seals on low traffic volume roads.  Also Council keep a watch on success or otherwise of the Bellingen trial.

AGMES

5/9/18 – Report in October 2018

24

SF317

30/08/18

Report on a proposal for improvements to the amenities at Macksville Park - including change rooms for women; doors on showers; suitable disabled amenities.

AGMES

 

5/9/18 – Report in November 2018.

 

14/9/18 – A grant application has been lodged with the Federal Gov’t for $ for $ funding for a $356,000 refurbishment of the amenities building.

25

SF317

30/08/18

A Management Plan be developed for the future administration of Macksville Park to cater for its current use and future opportunities as a regional sporting hub.

AGMCS

5/9/18 – Report in November 2018.

SEPTEMBER 2018

26

SF2433

13/09/18

After considering the policies of other councils that council receive a report on its Policy for Memorials … giving consideration to … a policy that allows memorials that are consistent with Council’s adopted capital works program or an adopted master plan or plan of management.

AGMES

18/9/2018 – With current work priorities be reported in December 2018.

27

SF2329

13/09/18

Council staff report on options to improve and/or relocate the River Street, Macksville amenities and also options to improve the standard of the amenities in Fletcher Street, Nambucca Heads.

GM

Report in November 2018.

28

SF1120

13/09/18

Report … on the funding of the proposed playing fields and amenities for South Macksville and include consideration of the use of S94 funds.

GM

Report in November 2018.

29

SF1755

13/09/18

The next quarterly waste report contain information on the MyBin App including its cost to Council.

AGMES

18/09/2018     Will be reported in October within the waste quarterly report.

30

SF1067

13/09/18

There be a further report on the new Model Code of Conduct; Procedures for Administration & Councillor Induction and Professional Development after they have been prescribed.

AGMCS

Report by December 2018.

Attachments:

There are no attachments for this report.

 


Ordinary Council Meeting                                                                                           27 September 2018

General Manager's Report

ITEM 9.2      SF46                270918         Draft Cemetery Policy

 

AUTHOR/ENQUIRIES:    Daniel Walsh, Manager Development and Environment; Michael Coulter, General Manager         

 

Summary:

 

All of Council’s cemeteries have capacity to accommodate existing burial rates for the next 50-100 years without the need to acquire additional land or reuse any existing grave sites.  However this doesn’t mean that Council should not plan for the future to avoid the issues currently faced by metropolitan areas in relation to cemetery capacity.

 

The proposed draft Cemetery Policy proposes that Council change from cemetery use based on “traditional” monumental burials with denominational and racial (Aboriginal) sections to monumental lawn burials either side of a central concrete plinth where there is no denominational and racial segregation.

 

It is also proposed to provide the opportunity for a renewable interment right at a much lesser cost to a perpetual interment right.  A reasonable take up of renewable interments will mean that Council’s cemeteries will have an almost infinite capacity.

 

 

Recommendation:

 

1        That Council publicly exhibit the draft ‘Cemetery Policy’ contained within attachment 1 for 28 days and the three Local Aboriginal Land Council’s be directly notified of the draft policy and invited to make comment.

 

2        There be a report to Council once the public exhibition of the draft policy is concluded to determine if Council will proceed with its adoption and provide an amendment to the Fees and Charges which differentiates between perpetual and renewable interment rights.

 

 

OPTIONS:

 

·    Proceed to create the policy as recommended or with changes.

·    Not proceed to create a cemetery policy.

 

DISCUSSION:

 

At Council’s meeting on 16 August 2018 there were questions with notice concerning the current capacity of the Council cemeteries and columbariums; when each facility is expected to reach capacity; and when should Council consider extending the facilities or seek additional locations?  This report responds to these questions as well as proposing the adoption of a draft Cemetery Policy.  A cemetery policy which will assist in the ongoing management of Council cemeteries, address cemetery capacity, and outline proposed fee amendments for the internment of human remains in Councils cemeteries.

 

Cemetery Policy

 

To assist internal and external stakeholders in accessing interment rights within Councils cemeteries and the ongoing management of Councils cemeteries; a draft cemetery policy has been prepared and included within attachment 1.

 

Currently, Council does not have a cemetery policy.

 

The most notable change to the existing operation of Councils cemeteries proposed by the draft policy is the change from the existing monumental burials to monumental lawn burials.

 

Photographs of monumental burials and monumental lawn burials have been included within attachment 2. This will mean that all monuments erected at gravesites within Council cemeteries (apart from infill burials) will need to be erected on concrete head beams constructed by Council as part of the future expansion of Council cemeteries.

 

While there will be upfront costs incurred by Council to install the head beams efficiencies will be achieved over the long term by way of reduced maintenance costs and a greater number of burials contained within the cemetery. This is because maintenance staff will be able to access the wide lawn rows and beam edges easier than between monumental burials.  Also grave site markers will be stencilled into the head beams eliminating the existing pattern of crooked rows and unevenly spaced grave sites which have resulted in disorderly cemetery layouts and have compromised cemetery capacity.

 

The monumental lawn burials will provide greater access to grave sites which are to be reused in the future as discussed later in this report.

 

Monumental lawn burials will be at double depth so all graves have the opportunity accommodate two (2) people, normally partners.

 

The draft policy also provides for the monumental lawn burial sections to be non-denominational and non-racial and provides standards and controls which regulate the size of monuments and nature of works within Council cemeteries to protect public safety and facilitate the management of Council cemeteries as efficiently as possible.

 

Cemetery Capacity

 

All Council cemeteries have capacity to accommodate existing burial rates for the next 50-100 years without the need to acquire additional land or reuse any existing grave sites. Draft sketches of anticipated growth of monumental lawn burials at Nambucca and Macksville cemeteries have been provided within attachment 3.

 

In order to be interred in a Council cemetery an interment right must be purchased from Council. An interment right can be for the burial of human remains in the ground or in a structure designed for the placement of human remains such as a columbarium wall. Recently, the Cemeteries and Crematoria Act 2013 was amended to differentiate between perpetual interment rights and renewable interment rights.

 

The duration of perpetual interment rights is in perpetuity; whereas a renewable interment right (with regards to burials not including cremated remains) has an initial duration of 25 years. Under these provisions, the grantee of a renewable interment right is to be offered the ability to renew the interment right for an increased period at least 12 months before the expiry of the interment right. If the interment right is not renewed, Council would then have the ability to reuse the burial site 2 years after its expiry. This would require Council to bury any human remains at a greater depth to accommodate the new burial and remove any memorial placed at the grave site.

 

These new provisions enable greater flexibility for cemetery operators and choice for the public as it allows more cost-effective burials for the public for a duration which meets their needs, while giving cemetery operators the ability to reuse burial sites to avoid the need to have to expand cemetery operations in new locations.

 

Given all of Councils cemeteries have capacity for the next 50-100 years, it is considered highly unlikely Council would need to consider reusing any grave sites for at least 50 years.

 

With regards to columbarium wall capacity, as walls near capacity additional walls are built to facilitate growth. Given each wall has approximately 60 niches, forecasting when new walls are required can be done by considering the average number of reservations at the relevant cemetery per year and accommodating money within the budget to cover construction costs.  At present, the Nambucca cemetery is the only cemetery nearing capacity. Money has been budgeted for the construction of a new wall which is anticipated to occur before the end of this calendar year.

 

 

 

 

Proposed Fee Amendments

 

In order to be consistent with adjoining local government areas (LGAs), meet cemetery upgrade/expansion costs, and promote the take up of renewable interment rights it is recommended that Councils cemetery fees be amended to differentiate between perpetual and renewable interment rights.

 

Councils current interment fees in relation to surrounding LGAs are as follows:

 

 

Nambucca

Bellingen

Coffs Harbour

Kempsey

Burial

$1,430.00

$1,400.50

$2,153.00

$3,750.00

Columbarium Wall

$410.00 - $700.00

$700.00

$773 - $1,326.00

$550.00

 

Please note that surrounding Councils have not addressed separate fees for perpetual and renewable interment rights at the time of writing this report.

 

It is recommended that Councils fees be amended as follows:

 

Burials

 

Perpetual Interment Right

Renewable Interment Right

Burial

$6,000.00

$2,000.00 (25 years)

Renewal Fee

-

$25.00 per year

 

Given the sensitivity issues associated with reusing a grave at the expiry of 25 years and that Councils cemeteries have the capacity for the next 50-100 years, it is recommended that Council provide an additional 25 years to a renewable interment right in addition to the statutory 25 year initial period, resulting in the $2,000.00 fee covering an initial 50 years. After this period Council will have the option to reuse the grave if the interment right is not renewed.

 

Columbarium Wall

 

Perpetual Interment Right

Renewable Interment Right

Columbarium Wall

$1,400.00

$410.00 - $700.00 (99 years)

 

Councils current charges for columbarium walls cover the cost of constructing the walls and their ongoing maintenance. As such it is not recommended to alter the fees for columbarium walls. In addition to this, maintaining the existing fees may encourage people to opt for cremation instead of burials which would assist in maximising burial capacity lifespan.

 

CONSULTATION:

Grants Officer

Green Space Coordinator

General Manager

 

Comment by General Manager

The draft policy may attract media and public interest.  Council’s existing cemeteries have denominational and racial (Aboriginal) sections.  The proposed monumental lawn burials will be non-denomination, non-racial and very egalitarian.  Whilst this could be perceived as the Australian way there may be some who prefer a continuing denominational and racial segregation.   It is recommended there be specific consultation with the Valley’s three Local Aboriginal Land Councils in relation to the draft policy.

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

It is not considered that the recommendation will result in any adverse environmental impacts.

 

Social

 

Some social issues are discussed in the comment by the General Manager

 

Economic

 

It is not considered that the recommendation will result in any adverse economic impacts.

 

Risk

 

It is not considered that the recommendation will result in any significant risk to Council.

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

Nil.

 

Working funds – justification for urgency and cumulative impact

Nil

 

Service level changes and resourcing/staff implications

Nil

 

Attachments:

1

34903/2018 - Draft Policy

 

2

34668/2018 - Examples of Monumental Burials

 

3

34671/2018 - Draft concepts for Macksville and Nambucca

 

  


Ordinary Council Meeting - 27 September 2018

Draft Cemetery Policy

 

 

Description: nambucca valley nsc

 

 

NAMBUCCA SHIRE COUNCIL

CEMETERY POLICY

 

 

 

Function: Environment and Planning Department

 

 

Adopted:

Last reviewed:

 

 

Our Vision

 

Nambucca Valley ~ Living at its best

 

Our Mission Statement

 

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

 

1.0     INTRODUCTION

 

This policy outlines the overall principles that underpin how Council manages its cemeteries in order to comply with legislative requirements and to provide a dignified and responsive cemetery and memorialisation service to the community. This policy applies to all cemeteries under the care, control and management of Nambucca Shire Council.

 

2.0     POLICY OBJECTIVE

 

To provide a dignified and responsive cemetery and memorialisation service to the community.

 

3.0     RELATED LEGISLATION

 

·              Cemeteries and Crematoria Act 2013

·              Cemeteries and Crematoria Regulation 2014

·              Local Government Act 1993

·              Public Health Act 2010

·              Public Health Regulation 2012

·              Work Health and Safety Act 2011

·              Privacy and Personal Information Act 1998

4.0     PRINCIPLES

 

1          To provide places for quiet and safe remembrance of the dead.

 

2          To provide sites within cemeteries for the lawful disposal of human remains.

 

3          To provide equitable access to burial sites to all members of the community.

 

4          To provide conditions in cemeteries which have regard to minimising any risk to health or safety of persons working in or entering cemeteries.

 

5          To consider conservation and heritage issues when making decisions relating to cemeteries, including planning for the future use of cemeteries.

 

6          To provide a cost effective and sustainable cemetery service within the Nambucca Shire.

 

 

5.0     INTERMENT IN COUNCIL CEMETERIES

 

5.1     Interment Rights

 

Human remains may only be interred in a burial site with the written permission of Council who will issue an interment right.

 

An interment right remains in force:

(a)   If it is a perpetual interment right—in perpetuity, and

(b)   If it is a renewable interment right—until the end of the period commencing on the day on which the   interment right is granted and ending on the day the interment right expires (minimum period of 25 years).

 

5.2     Application for Interment Right

 

Application can be made to Council for an interment right in a burial site. Applications must be made by completing and lodging the relevant Council application form and paying the reservation fee (if applicable) and interment permit fee as determined in Councils Fees and Charges.

 

Applications should be lodged with Council at least two business days before the date of interment. Applications will not be accepted for the reservation of interment sites.

 

The application an interment right must be accompanied by:

a)   An application for reservation/purchase of the burial site; or

b)   Proof the applicant is a grantee of the burial site reservation that relates to the proposed interment; or

c)   The written consent of the surviving grantee of the burial site reservation that relates to the proposed interment which permits the applicant to lodge the application; or

d)   A statutory declaration from the applicant stating:

·      The applicant is not the grantee of the burial site reservation;

·      The applicant does not have the consent of the surviving grantee of the burial site reservation and the reason why such consent has not or cannot be obtained;

·      The relationship between the applicant and the subject person; and

·      Signed and dated Death/Cause of Death Certificate

 

Council may require further information from the applicant at any time prior to determining an application. In the event a statutory declaration is submitted in accordance with c) above, Council will take into consideration whether the applicant has a sufficient relationship with the person whose remains are to be interred to warrant granting of an interment right to the applicant.

 

The grantee of an interment right is to ensure the interment takes place within 14 days of the granting of the interment right.

 

Interment rights will be subject to conditions as outlined within Appendix 1.

 

5.3     Exhumation

 

Exhumations are not to take place unless:

 

a. Prior written consent has been obtained from the Director-General of the NSW Ministry of Health; and

b. Council has issued an approval for exhumation.

 

This clause does not apply if an exhumation has been ordered by a Court.

 

An exhumation shall be performed under the direction of NSW Department of Health staff. A Council representative shall also be in attendance.

 

All costs incurred in carrying out an exhumation shall be paid for by the applicant.

 

6.0     WORK UNDERTAKEN IN CEMETERIES

 

A person may not undertake work of any type in a cemetery unless that person, and those engaged by that person, have written approval from Council for the works. Conditional approvals are granted as part of an interment right or approval to erect or repair a headstone/monument. Approval for any other works will only be considered after lodging a separate written application to Council. Council must be provided with a copy of a valid Public Liability insurance policy.

 

6.1     Monumental Burial

 

Traditionally, monumental burials have been provided in all Council cemeteries since their establishment. Given the increased maintenance costs associated with monumental burials, Council will only permit them to be undertaken as infill within existing monumental burial sections of Councils cemeteries. In areas where Council has made provision for monumental lawn burials, monumental burials will not be permitted.

 

Applications are to be submitted to Council using the appropriate form for the erection/repair of headstones/memorials and the applicable fee paid, as determined by Council’s Fees and Charges. Council will not issue a monument permit in respect of a burial site except for the erection of a headstone/monument of a size and type that complies with the following:

 

·      The headstone and/or kerbing may be installed 3 months after the burial (to allow for subsidence and settlement).

·      Headstones must be set on a concrete slab which is placed level and pillared/piered into the ground.

·      The headstone/monument must not be any higher than 850mm above natural ground level, and must not exceed the width of the burial plot, being 1200mm.

·      All work must comply with Australian Standard AS4204-1995 ‘Headstones and Cemetery Monuments’.

·      General conditions contained within Appendix 2.

 

6.2     Monumental Lawn Burial

 

Council will install concrete beams within areas of its cemeteries to facilitate the establishment and future growth of monumental lawn burial sections which will phase out the expansion of monumental burial sites. Monumental lawn burial sections are non-denominational.

 

Applications are to be submitted to Council using the appropriate form for the erection of headstones/memorials and the applicable fee paid, as determined by Council’s Fees and Charges. Council will not issue a monument permit in respect of a grave site except for the erection of a headstone of a size and type that complies with the following:

 

·      The headstone must be installed on the concrete beam.

·      The headstone can have the option of up to two flower containers of the same product as the headstone.

·      Kerbing, edging or markers of any description cannot be placed on or around the perimeter of the grave.

·      The headstone can be of a recumbent "desk" style affixed to the beam or an upright headstone set on a base (1000mm maximum length x 300mm maximum wide) affixed to the beam with a maximum height of 850mm above the highest point of the beam within the grave site (including base) as illustrated below:

·      General conditions contained within Appendix 2.

 

6.3     Application for the erection or repair of headstone/monument

 

A monument permit will only be granted, pending completion of Council’s application form and payment of the prescribed fee, and in respect of a burial site with the consent of the grantee of the internment right or the provision of necessary proof as outlined within section 5.3.

 

7.0     MANAGEMENT

 

7.1     Maintenance

 

Council will maintain and repair all columbarium walls, gardens, roadways and pathways within each cemetery. Council does not maintain or repair monuments. The grantee of an interment right must maintain and repair the monument to which the interment right and monument permit relate.

 

Where Council considers that a monument is at risk of collapse due to its condition which may result in harm to a person or an adjoining burial site, Council may take such action as is required to ameliorate that risk. Such action includes:

 

·      The removal of the monument. In monumental burial sections, the headstone is to be laid on the ground within the grave site with inscriptions face up so the identity of the interred person(s) can be identified.  If this is not possible due to space or public safety reasons, the monument is to be removed and a plaque located within the grave site which identifies the person(s) interred at that site.

·      The repair and/or modification of the monument.

 

Prior to undertaking the above actions, Council will attempt to contact the grantee of the interment right and monument permit to provide the opportunity to reinstate the monument prior to Council undertaking any works.

 

7.2     Prohibited Activities

 

The following provisions apply to all Council cemeteries:

 

·      Ornaments and kerbing/edging of any description including concrete, timber, treated logs, ferrous material, bricks or stones cannot be placed around or within any grave site without the prior approval of Council. Approval will not be given within monumental lawn burial sections.

 

·      Flowers may only be placed in the containers that form part of the monument.

 

·      The placing of glass containers, vases or jars inside the cemetery boundary is prohibited.

 

·      Plants, trees and shrubs are prohibited in/on or around any grave site.

 

·      No plaques shall be erected on a columbarium wall or within a memorial garden other than the design, and style purchased through Council.

 

·      No monument, memorial, inscriptions or token plant, floral tributes or containers are to be erected or placed on or within a columbarium wall, memorial garden or surrounds without Council's written consent.

 

Council reserves the right to remove without notice any unauthorised works or excessive/incorrectly located tributes.

 

7.3     Signposting

 

Council will ensure that each cemetery is adequately signposted or otherwise marked to ensure that persons working or otherwise entering cemeteries can properly locate burial sites and columbarium walls.

 

 

 

 

7.4     Records

 

Council shall maintain a register of all burials, exhumation and burial rights in respect of each cemetery in order to comply with legislation and to provide information for historical research references for the public.

 

7.5     Availability of Cemetery Register Information

 

Information will be available during Council's ordinary business hours. The provision of information will be determined by Council's responsibility under the Privacy and Personal Information Protection Act 1998, or otherwise as outlined in the Government Information (Public Access) Act 2009.

 

7.6     Storage of cremated remains pending interment

 

Council may, at its absolute discretion and without responsibility, hold cremated remains for placement in a burial site at the request of the grantee of an interment right or; if there is no surviving grantee, the legal representative of the deceased person.

 

Prior to accepting possession of the remains, fees for the interment of the ashes in a columbarium wall and associated plaque must be paid to Council.

 

Such remains must be provided in a sealed container labelled with the name of the deceased person, that person's dates of birth and death, and the name and other contact details of the person who has requested that the remains be held by Council. A register of retained ashes is maintained by Council.

 

Except as otherwise agreed to in writing, remains will be held for a period of six months after which those remains will be placed in a columbarium wall within a Council cemetery or as otherwise determined by Council, without notice to the person who has requested the remains be held by Council.

 

 


DICTIONARY

 

applicant - means any person making application for an interment right, monument permit, exhumation permit, or work permit.

 

burial site - means land and/or structures within a cemetery used for the purpose of interring human remains (including cremated human remains) and may be a:

a) grave site (for the interment of human remains or cremated human remains in the ground); or a

b) memorial site (for the for the interment of human cremated remains in a columbarium wall or garden)

 

Council - means Nambucca Shire Council

 

columbarium wall – A wall in which ashes are interred.

 

exhumation - means the removal of human remains from a grave site.

 

grantee - means a person granted an interment right, exhumation permit, monument permit, or work permit by Council.

 

grave site – means land within a cemetery used exclusively for the purposes of interring human remains (whether cremated or not) beneath the surface of the land of the grave site.

 

interment right - means an exclusive right granted by Council for the interment of human remains within a burial site.

 

interment of human remains – means

a) The placement of human remains in a mausoleum, vault, columbarium or other structure designed for the placement of such remains, or

(b) The burial in the earth of human remains (directly in the earth or in a container).

 

memorial site – means land within a cemetery or part of a structure constructed on land within a cemetery used exclusively for the purpose of interring cremated remains.

 

monument – means any structure, plaque, headstone, masonry, metal work, casting or item placed over, in or around a burial site.

 

monument permit – means right granted to the grantee to place a monument over, in or around a burial site.

 

monumental burial – Traditional covering of a burial plot with monumental work (headstone & kerbing).

 

monumental lawn burial – A headstone is placed on the grave on a concrete beam with the balance of the plot covered in lawn.

 

perpetual interment right – Refer to section 47 of the Cemeteries and Crematoria Act 2013.

 

renewable interment right - Refer to section 47 of the Cemeteries and Crematoria Act 2013.

 

work permit – means a permit allowing a person, company or organisation to engage in specific works within a cemetery.

 

 

 

 

 


APPENDIX 1 – CONDITIONS OF INTERMENT RIGHT

 

1.       All works must be undertaken in accordance with the Nambucca Shire Council Cemetery Policy

 

2.       All grave sites must be excavated to double depth to facilitate the burial of at least 2 coffins.

 

3.       This interment right permits the grantee to do the following:

a)   Inter human remains, ashes and any specified items in the subject burial site.

b)   Prevent any person from interring any remains in the subject burial site;

c)   Prevent any person from erecting any monument on or over the burial site;

d)   Engage any undertaker to inter human remains, ashes or items in the burial sites;

e)   Where the interment right is for a grave site:

·      Exclude any person (other than an employee of Council acting in their capacity as an employee of Council) during any grave digging works;

·      Prevent the exhumation of interred remains from the grave site (except where such exhumation has been ordered by a coroner or a court).

 

4.       This interment right does not:

a)   Permit the grantee to exclude any person from having access to the burial site (except where necessary to ensure works undertaken do not cause pollution or cause a danger to any person working or visiting the cemetery in which the burial site is located);

b)   Authorise the construction or erection of a monument on the subject burial site. A grantee of an interment right requires a monument permit before erecting or constructing a monument on a burial site.

 

5.       The grantee and any agent such as a funeral director or sub-contractors must:

 

a)   Ensure any person undertaking any works on a burial site holds a relevant work permit issued by Council with respect to those works or works of that type.

 

b)   Ensure that no monument (except as permitted by a monument permit), plant tributes, floral tributes, or containers not approved by Council, are erected, planted, or placed on or about the burial site to which the interment right relates.

 

c)   Repair, maintain and preserve any monument placed on or in a burial site in accordance with a monument permit.

 

d)   Remove any monument placed on or in a burial site that is not approved by a relevant monument permit.

 

e)   Notify Council of any change of address within seven days; otherwise Council will assume the current address for the grantee is the address set out in the application.

 

f)    Ensure that as part of the burial process:

i.    The human remains to be interred have been placed in a coffin to which a lid has been securely sealed.

ii.    The upper surface of the upper most coffin interred in the grave site is not less than 900mm below the natural surface level of the soil of the burial site.

iii.   Cremated remains to be interred in a burial site are placed in a suitable sealed container.

 

g)   Inform Council in writing that the interment has been completed within 14 days of the interment.

 

h)   Remove all planks, building equipment, protective coverings, waste, and excess soil; with the ground surface surrounding the grave site returned to its condition prior to the commencement of any works.

 

i)    Ensure any excess soil is placed in the area designated by Council within the cemetery for that purpose or removed from the cemetery.

 

6.       Those undertaking grave digging must:

a)   Erect barricades, protective restrains or reinforce covers to limit access to the site of the grave digging so as to ensure public safety.

b)   Ensure that the ground on which any machinery or plant is located is sufficiently stable to ensure the support of the working load of that machinery or plant equipment and that the operation of that machinery or plant equipment will not come into contact with any power line, service conduit or monument.

c)   When at a location that is more than 500 metres from the nearest occupied building or not within the direct line of sight of a person capable of providing assistance, have access to:

i.    A reliable system of communication, such as a two-way radio or mobile phone.

ii.    A first aid kit.

iii.   Instruction in basic first aid principles.

iv.   Access to a motor vehicle.

d)   Use a properly constructed and placed ladder for entering and exiting graves during grave digging, with any such ladder to extend from the base of the excavation to at least 600mm above the top of the grave site.

e)   Wear an approved safety helmet in good order.

f)    Ensure that prior to the commencement of excavation all ground support material, tools, equipment and personnel are available at the site.

g)   Be aware of the soil types prior to the commencement of excavation. Where any doubt exists, works should be conducted as if the soil type is the most unstable soil type, being sandy soil. This requires that:

i.    Where the overall depth of the grave is less than 1.5 metres, 2 box shoring sets to be used to within 200mm of the base of the grave;

ii.    Where the overall depth of the grave is between 1.5 and 2.1 metres, 3 box shoring sets to be used to within 400mm of the base of the grave.

iii.   That each box shoring comprise Oregon timber of a size of not less than 200mm x 75mm cross-section with a stress rating of not less than F14 with each box shoring set to include:

·      Longitudinal timbers cut to the length of the grave site, with 3 such longitudinal timbers to form one wall 600mm x 75mm on one side of the grave and the other 3 longitudinal timbers to form another wall 600mm x 75mm; and

·      spreaders, being the width necessary to accommodate the width of any coffin to be interred in the grave site.

iv.   That shoring box sets be inserted as the excavation progresses, by firstly installing the longitudinal timbers along the width of the grave and secondly forcing the spreaders between the longitudinal timbers using timber mallet.

v.   That after the coffin is placed in the grave, the shoring box set be removed, two longitudinal timber runners and 2 spreaders at a time, as the grave is filled with soil.

 

7.         All care is to be taken to ensure the safety of the public in general. A minimum of $20 million public liability insurance cover is to be maintained for the duration of the works by the person/company undertaking the works within the cemetery. Council is to be nominated as an interested party on the policy. Council is not to be held responsible for any negligence caused by the undertaking of the works. A copy of the certificate of currency must be submitted to Council prior to the commencement of works.

 

8.         Council may, at any time and by notice in writing to any grantee of the interment right, revoke the interment right if, in the opinion of Council, the grantee has failed to comply with or has breached any of these conditions.

 

9.       The granting of this interment right does not restrict the ability of Council to:

 

i.    Re-construct, re-align or alter the position of a memorial site to which the interment right relates.

ii.    Establish any new burial sites within a cemetery.

iii.   Restrict access to any burial site as Council considers necessary to undertake routine maintenance of structures within the cemetery, to protect the safety of people working or entering a cemetery, or to undertake any work necessary to prevent or contain pollution within a cemetery.

 


APPENDIX 2 - CONDITIONS FOR ERECTION OF HEADSTONE/MONUMENT

 

1.       All works must be undertaken in accordance with the Nambucca Shire Council Cemetery Policy

 

2.         All monuments and monumental work must comply with AS4204-1995 Headstones and Cemetery Monuments.

 

3.         The grantee is responsible for maintaining and repairing the monument. Where Council considers that a monument is at risk of collapse due to its condition which may result in harm to a person or an adjoining burial site, Council reserves the right to remove the monument.

 

4.         For monumental lawn burials:

i.    The headstone must be installed on the concrete beam.

ii.    The headstone can have the option of up to two flower containers of the same product as the headstone.

iii.   Kerbing, edging or markers of any description cannot be placed on or around the perimeter of the grave. The area is to be kept clear to allow lawn maintenance to be undertaken by Council.

iv.   The headstone can be of a recumbent "desk" style affixed to the beam or an upright headstone set on a base (1000mm maximum length x 300mm maximum wide) affixed to the beam with a maximum height of 850mm above the highest point of the beam within the grave site (including base).

 

5.       For monumental burials:

i.    The headstone and/or kerbing is to be installed 3 months after the burial (to allow for subsidence and settlement).

ii.    Headstones must be set on a concrete slab which is placed level and pillared/piered into the ground.

iii.   The headstone/monument must not be any higher than 850mm above natural ground level and must not exceed the width of the burial plot, being 1200mm.

 

6.         All care is to be taken to ensure the safety of the public in general. A minimum of $20 million public liability insurance cover is to be maintained for the duration of the works by the person/company undertaking the works within the cemetery. Council is to be nominated as an interested party on the policy. Council is not to be held responsible for any negligence caused by the undertaking of the works. A copy of the certificate of currency must be submitted to Council prior to the commencement of works.

 

7.         Ensure that the ground on which any machinery or plant is located is sufficiently stable to ensure the support of the working load of that machinery or plant equipment and that the operation of that machinery or plant equipment will not come into contact with any power line, service conduit or monument.

 

8.         Remove all planks, building equipment, protective coverings, waste, and excess soil; with the ground surface surrounding the grave site returned to its condition prior to the commencement of any works.

 

9.         Ensure any excess soil is placed in the area designated by Council within the cemetery for that purpose or removed from the cemetery.

 

 

 

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Ordinary Council Meeting - 27 September 2018

Draft Cemetery Policy

 

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Ordinary Council Meeting - 27 September 2018

Draft Cemetery Policy

 


 


 


Ordinary Council Meeting                                                                                           27 September 2018

General Manager's Report

ITEM 9.3      SF2460            270918         LEP and DCP Amendment

 

AUTHOR/ENQUIRIES:    Daniel Walsh, Manager Development and Environment         

 

Summary:

 

Council previously resolved to proceed to exhibit amendments to the Nambucca Local Environmental Plan 2010 (LEP) and the Nambucca Development Control Plan 2010 (DCP). The amendments relate to horticulture within the R5 Large Lot Residential zone, the erection of dwellings within the rural and environmental protection zones, and the removal of vegetation within the Pearl Estate, Valla.

 

The public exhibition period ended on 31 August 2018 with 1 submission received relating to the removal of vegetation within the Pearl Estate.

 

This report addresses the submissions received and provides recommendations for Council to proceed to make the planning proposal and amend the DCP.

 

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

 

 

Recommendation:

 

That Council:

 

1.   Make the local environmental plan as outlined within the planning proposal contained within attachment 3 in accordance with section 3.36(2) of the Environmental Planning and Assessment Act 1979.

 

2.   Approve the amendments to the Nambucca Development Control Plan 2010 as outlined in attachment 2, subject to the replacement of Part F with that contained within attachment 5.

 

3.   Provide delegation to the General Manager to determine permit applications made for the removal of vegetation within the Pearl Estate, Valla.

 

 

OPTIONS:

 

1.   Adopt the recommendations as above.

2.   Not proceed with the amendments to the LEP and DCP.

3.   Approve the DCP in accordance with the provisions of the draft DCP publicly exhibited.

4.   Approve the DCP with such alterations as the council thinks fit.

 

DISCUSSION:

 

At Councils meeting on 17 May 2018 a report was presented to Council recommending amendments to the LEP and DCP with regards to the permissibility of horticulture within the R5 Large Lot Residential zone, the erection of dwellings within the rural and environmental protection zones, and the removal of vegetation within the Pearl Estate, Valla. After consideration of that report the following resolution was made:

 

1        Subject to Paragraph (e) hereof, horticulture in areas zoned R5 will be subject to a development application and any approval shall include inter alia the following provisions:

 

          a        Where the property adjoins other land zoned RU1 or RU2 but where there is no existing house, no buffer will be required. No horticulture will be carried out within a radius of 100 metres of any existing house, the 100 metres being measured from the house, not the boundary.

 

         b        Where the property adjoins other land zoned R5 which is vacant no horticulture will take place (including erection of netting) within 20 meters of the boundary and that 20 metres shall contain a 10 metre vegetative buffer.

 

          c        No building envelope shall be permitted to be located within 40 metres of a boundary on the other side of which horticultural activities have been permitted.

 

         d        When the property adjoins land zoned R5 on which houses are located, no horticulture will be permitted within a radius of 50 metres of that house (such radius measured from the house) and there shall be a vegetative buffer provided along the boundary of the said radius within the land where horticulture is to take place.

 

          e        No development application will be necessary in respect of any horticultural activity in respect of a crop having a productive duration of less than twelve months.

 

2       The applicant will ensure that any operations on the property requiring the use of chemicals shall be under the supervision of a person who is the holder of a Farm Safety Management Certificate and an Agricultural Chemical Users Certificate.

 

3        No bird netting shall be erected in any area zoned R5 of a colour other than black.

 

4        S149 Certificates issued by Council will be amended accordingly so that potential purchasers of property are put on notice of these requirements.

 

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

 

6        That Council support the amendments to regulate tree clearing in the Pearl Estate and the proposed changes to Clause 4.2A in relation to the erection of dwellings.

 

The draft DCP presented to Council was amended to reflect the changes to Part F required by the above resolution.

 

After receiving the gateway determination from the NSW Department of Planning and Environment on 19 July 2018 (attachment 1), the planning proposal was amended to reflect the required changes then publicly exhibited with the draft DCP from 2 August – 31 August 2018. A copy of the draft DCP and planning proposal have been included within attachments 2 and 3 respectively.

 

Public exhibition was undertaken by an advertisement within the local newspaper and notification to land owners within the Pearl Estate, the NSW Rural Fire Service and the NSW Department of Primary Industries. After the conclusion of the exhibition period 1 submission was received which has been included within attachment 4. No response was received from the public authorities. A summary of the submission received is as follows:

 

Matters Raised in Submission

Reporting Officers Comment

Support for the requirements for a permit to clear areas of vegetation within the Pearl Estate Valla.

Noted.

There should be greater communication from Council within regards to any approvals to clear within the Pearl Estate so surrounding residents are aware.

The impacts associated with the removal of the mapped vegetation are environmental. Having regard to this and that notification of applications results in a delay in determination, increased staff time processing applications, and increased costs to the applicant; it is not recommended that applications be notified.

It is alarming that Council has sought public opinion regarding the clearing of vegetation within the Pearl Estate given the public outcry since the establishment of the estate.

Public consultation is required under the Environmental Planning and Assessment Act 1979.

 

Prior to proceeding to amend the DCP, it is recommended that Council reconsider the proposed amendments to Part F with regards to rural buffers for horticulture within the R5 zone (clause F1.3.6). The reasons for this are that the buffers suggested by Council as part of its previous resolution are considered to be inadequate as they will be insufficient in protecting the predominant and preferred land use within the R5 zone (residential) and are inconsistent with each other, other controls relating to the rural zones, and the Department of Primary Industries recommended rural buffer standards. The buffers proposed by Council are within clause F1.3.6 are as follows:

 

1.   Where the lot on which the proposed horticulture adjoins another lot zoned RU1 or RU2 which does not contain an existing dwelling, no buffer will be required. No horticulture is permitted to be carried out within a radius of 100 metres of any existing dwelling, the 100 metres being measured from the dwelling, not the boundary.

2.   Where the property adjoins another lot zoned R5 which is vacant, no horticulture is permitted (including erection of netting) within 20 meters of the boundary and that 20 metres shall contain a 10 metre wide vegetative buffer.

3.   No building envelope shall be permitted to be located within 40 metres of a boundary on the other side of which horticultural activities have been commenced.

4.   When the lot on which the horticulture is proposed adjoins a lot zoned R5 on which a dwelling is located, no horticulture will be permitted within a radius of 50 metres of that dwelling (such radius measured from the dwelling) and there shall be a 10m wide vegetative buffer provided along the boundary of the said radius within the land where horticulture is to take place.

The inadequacies with these are addressed as follows:

 

·      Clause 1 requires horticulture within the R5 zone to be 100m from an existing dwelling within the rural zones. Clauses 2 and 3 require horticulture within the R5 zone to be 60m from an adjoining building envelope within the R5 zone. Clause 4 requires horticulture within the R5 zone to be 50m from an existing dwelling within the R5 zone.

 

Not only are the above clauses inconsistent with themselves, they are also inconsistent with the buffer requirements in clause F1.3.2 of the DCP which requires new dwellings within the rural and environmental zones to be 150m from horticultural land uses, or 80m with a 40m wide vegetated buffer.

 

The inconsistency of having a reduced rural buffer requirement for horticulture within the residential zone compared to what is required within the rural and environmental zones will result in the latter becoming redundant. This is because Council is required to be flexible when applying development controls within a DCP when there is a reasonable alternative solution. Given the DCP accepts that there would be no land use conflict within a residential zone if horticulture was setback 50m from a dwelling, it would be considered unreasonable to then say that there would be a conflict if it was located within 150m or 100m (whichever control is applied).

 

This would assist in fragmenting rural land uses and intensify potential conflict within the rural zones, which would result in negative impacts on primary production. Please note that if Council sets a standard within a DCP Council cannot require an applicant to comply with a more onerous standard as part of a development application.

 

·      The Living and Working in Rural Areas’ handbook was prepared by the NSW Department of Primary Industries as a practical guide aimed at reducing and avoiding rural land use conflict on the NSW North Coast. The handbook recommends the rural buffers between horticultural land uses and dwellings be at least 200m. Alternatively, the NSW Department of Primary Industries recommends that a Land Use Conflict Risk Assessment (LUCRA) be undertaken to determine the most suitable buffer to minimise potential conflict. The majority of Councils along the north coast have adopted the handbooks recommended rural buffers within their DCPs, while others have adopted provisions requiring a LUCRA to be prepared for each application to assess the potential risk.

 

It is considered that setting a specified minimum rural buffer as a clause within the DCP makes it clear to the community what Councils requirements are. Should there be other factors such as topography or type of horticultural activity which would facilitate a reduced buffer, this could be considered as part of the development assessment process given that Council must be flexible in how it applies its controls contained within the DCP.

 

Given the proposed controls are significantly lower than those recommended in the handbook, Councils existing controls, and controls imposed by surrounding Councils without any supporting information demonstrating how the buffers were derived; explaining Councils rationale behind the reduced buffer distances to those residents who will most likely object to future development applications could prove problematic.

 

Having regard to the above, in order to remove the inconsistencies, it is recommended to delete the proposed clauses 1-4 within F1.3.6 of the draft DCP (outlined above) and replace with a requirement to comply with the requirements of the ‘Living and Working in Rural Areas’ handbook. This would ensure Council is consistent with current industry standards imposed by other Councils, would allow variation to reduced buffers where appropriately justified (LUCRA) as supported by the NSW Department of Primary Industries, would provide greater protection for primary production within the rural zones, and provide a clearer path for compliance for potential applicants looking to establish horticulture or construct a dwelling. The recommended amendments have been outlined as track changes within attachment 5.

 

It is not recommended that Council have varying buffer requirements between horticulture and dwellings in different zones because no matter what the zone is, the uses and the potential impacts are the same.


CONSULTATION:

 

Senior Town Planner

Coordinator Strategic Planning & Natural Resources

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

It is not considered that the recommended amendments will have any adverse environmental impacts.

 

Social

 

It is not considered that the recommended amendments will have any adverse social impacts.

 

Economic

 

It is not considered that the recommended amendments will have any adverse economic impacts.

 

Risk

 

Not implementing the recommendations would weaken Councils ability to defend an appeal against a refusal of a development application for the continued use of an unlawful dwelling as clause 4.2A of the LEP could not be relied on; inconsistent approaches could be implemented into development consents to minimise the land use conflicts associated with horticulture; and vegetation identified to be retained as part of a development consent could be removed without any ability for regulation.

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

Nil.

 

Working funds – justification for urgency and cumulative impact

NA

 

Service level changes and resourcing/staff implications

Nil

 

Attachments:

1

34643/2018 - Gateway Determination

 

2

34644/2018 - Draft DCP

 

3

34645/2018 - Planning Proposal

 

4

34647/2018 - Submission

 

5

34648/2018 - Recommended Part F

 

  


Ordinary Council Meeting - 27 September 2018

LEP and DCP Amendment

 

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Ordinary Council Meeting - 27 September 2018

LEP and DCP Amendment

 

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Ordinary Council Meeting - 27 September 2018

LEP and DCP Amendment

 

  


Nambucca Shire Council

 

 

 

 

 

 

 

 

 

 

 

Planning Proposal

Nambucca Local Environmental Plan

Amendment No. 22

Horticulture and Clause 4.2A

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Prepared by:

Development & Environment Section

Nambucca Shire Council

 

Dated: February 2018

 

File:SF2460


Table of Contents

 

 

Preliminary.. 1

Part 1    Objectives AND Intended outcomes. 1

Part 2    Explanation of Provisions. 1

2.1 – Horticulture. 1

2.2 – Clause 4.2A.. 1

Part 3    Justification.. 1

Section A – Need for the Planning Proposal. 1

Section B –Relationship to strategic planning framework. 3

Section C – Environmental, social and economic impact. 10

Section D – State and Commonwealth Interests. 10

Part 4    Mapping.. 10

Part 5    Community Consultation.. 11

Part 6    Project Timeline.. 11

 

 

 


Preliminary

 

This planning proposal has been drafted in accordance with Section 55 of the Environmental Planning and Assessment Act 1979, and ‘A guide to preparing planning proposals’ (DoP, 2016) for amendment to the Nambucca Local Environmental Plan 2010 (LEP). A gateway determination under Section 56 of the Act is requested.

 

Part 1    Objectives and Intended outcomes

 

The objective and intended outcomes of this planning proposal are:

·      To require development consent prior to undertaking horticulture development within the R5 Large Lot Residential Zone,

·      Provide an exemption to the requirement for development consent for specific forms of horticulture within the R5 Large Lot Residential Zone, and

·      To ensure that clause 4.2A of the LEP applies to land on which an unlawful dwelling has been erected and land on which a lawful dwelling has been destroyed by events such as a natural disaster or house fire.

 

Part 2    Explanation of Provisions

 

2.1  Horticulture

 

The proposed outcome will be achieved by removing ‘horticulture’ from ‘permitted without consent’ in the land use table for the R5 Large Lot Residential zone and relocating it to ‘permitted with consent’. This means that a development application will be required to be lodged with Council and development consent granted prior to commencing any horticultural activity within the R5 Large Lot Residential zone.

 

However, it is also proposed to include a clause in Schedule 2 of the LEP which makes various horticultural activities exempt in the R5 Large Lot Residential zone if the activity is for the purposes of a crop with a productive duration of less than twelve months. Such a crop is considered to be one where the plant is removed as part of the harvest and a vacant field is all that remains. The types of crops that will be exempt development within the R5 Large Lot Residential Zone include water melons, potatoes, pumpkin, tomatoes and beans.

 

2.2 Clause 4.2A

 

Clause 4.2A restricts the erection of dwellings within the rural and environmental protection zones to lots which meet the criteria specified within the clause. The intent of restricting dwellings in these zones to particular lots is to minimise unplanned rural residential development which create impacts such as drain on infrastructure and increased potential for land use conflict and fragmentation. The existing wording of the clause results in it only being applicable to a lot which is vacant and has had no dwelling erected on it in the past. This results in the clause not being applicable to a lot which contains an existing dwelling which has been constructed without development consent and to lots which have had dwellings erected on them but have been demolished or decommissioned as part of a development consent on an adjoining lot in the same ownership.

 

It is proposed to amend the wording of clause 4.2A of the LEP so that it applies to all development applications seeking approval to erect or use a dwelling within the rural and environmental protection zones. This will ensure the controls within the clause are applicable to development applications seeking continued use of an unlawful dwelling. It is also proposed to amend the wording to ensure it is permissible to erect a dwelling which is replacing a previous lawful dwelling that has been demolished or destroyed by events such as a natural disaster, house fire or other unplanned event.

 

Part 3    Justification

 

Section A – Need for the Planning Proposal

 

1        Is the planning proposal the result of any strategic study or report?

 

The planning proposal is not the result of any strategic study or report.

 

2        Is the planning proposal the best means of achieving the objectives or intended outcomes, or is there a better way?

 

It is considered that the planning proposal is the best and only means of achieving the objectives and intended outcomes.

 

With regards to horticulture, the following table compares the permissibility of horticulture within the R5 Large Lot Residential Zone in the Nambucca local government area compared to other local government areas on the north coast.

 

LGA

Permissibility

Kyogle

Prohibited

Clarence Valley

Permissible with consent

Coffs Harbour

Permissible with consent

Bellingen

Permissible with consent

Nambucca

Permissible without consent

Kempsey

Permissible with consent

Port Macquarie

Prohibited

 

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

 

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

 

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

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

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

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

 

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

 

Having regard to clause 4.2A of the LEP, it is considered that the following section of subclause (3) should be deleted:

 

“and on which no dwelling house or dual occupancy (attached) has been erected”

 

It is considered that the above wording should be deleted as it results in the clause only being applicable to a lot which is vacant and has had no dwelling erected on it in the past. It is also considered that the wording of the subclause should be amended to include developments which are seeking to use existing buildings such as unlawful dwellings.

 

An example of when the existing clause 4.2A would be contrary to the objectives of the clause and result in unplanned rural residential development is if a dwelling house or dual occupancy were to be erected on a lot without development consent. In this situation clause 4.2A does not apply to any development application seeking approval to continue to use the dwelling house or dual occupancy as the dwelling house or dual occupancy has already been erected on the lot. Making the suggested amendment to the clause would reinforce Councils position to refuse such an application where it did not conform with the provisions within subclause (3)(a)-(d).

 

The proposed change would result in the clause being applicable to any development application for the erection or use of a dwelling house or dual occupancy on a lot within a zone to which the clause applies. Given that the clause would then apply to land on which a dwelling house or dual occupancy has been erected, it is also considered that subclause (4) should be amended by adding a provision which permits the granting of development consent for the erection of a dwelling house or dual occupancy when it is replacing a lawfully erected dwelling house or dual occupancy on the lot which was destroyed by natural disaster or house fire. It is considered that this provision is necessary as the existing provision within sub clause (4) (a) is reliant on there being an “existing” dwelling house or dual occupancy.

 

An example of a scenario when the above additional provision would be necessary is for a lot created under clause 4.1C of the LEP which was below the minimum lot size and the existing dwelling house or dual occupancy was destroyed by a natural disaster or house fire. Such a provision would allow for the replacement of the previous dwelling house or dual occupancy with development consent which would be consistent with the objective of the clause.

 

Section B –Relationship to strategic planning framework.

 

3        Is the planning proposal consistent with the objectives and actions contained within the applicable regional or sub-regional strategy?

 

The proposed amendments will not be contrary to any existing or draft plans or strategies.

 

4        Is the planning proposal consistent with the local Council’s Community Strategic Plan, or other strategic plan?

 

The proposed amendments will not be contrary to Councils Community Strategic Plan or any other strategic plan. The planning proposal includes housekeeping amendments which are aimed at reinforcing the existing objectives of the R5 Large Lot Residential zone and Clause 4.2A.

 

5        Is the planning proposal consistent with applicable State Environmental Planning Policies (SEPP’s)?

 

The following State Environmental Planning Policies (SEPPs) are considered applicable to and have been considered in the preparation of this planning proposal:

 

·              State Environmental Planning Policy (Rural Lands)

 

The aims of this SEPP are:

 

(a)  to facilitate the orderly and economic use and development of rural lands for rural and related purposes,

(b)  to identify the Rural Planning Principles and the Rural Subdivision Principles so as to assist in the proper management, development and protection of rural lands for the purpose of promoting the social, economic and environmental welfare of the State,

(c)  to implement measures designed to reduce land use conflicts,

(d)  to identify State significant agricultural land for the purpose of ensuring the ongoing viability of agriculture on that land, having regard to social, economic and environmental considerations,

(e)  to amend provisions of other environmental planning instruments relating to concessional lots in rural subdivisions.

 

The SEPP identifies rural planning principles within clause 7 that must be taken into account when a Council prepares a planning proposal. These are brought into effect through a Section 117 Direction. The Rural Planning Principles are as follows:

 

(a)  the promotion and protection of opportunities for current and potential productive and sustainable economic activities in rural areas,

(b)  recognition of the importance of rural lands and agriculture and the changing nature of agriculture and of trends, demands and issues in agriculture in the area, region or State,

(c)  recognition of the significance of rural land uses to the State and rural communities, including the social and economic benefits of rural land use and development,

(d)  in planning for rural lands, to balance the social, economic and environmental interests of the community,

(e)  the identification and protection of natural resources, having regard to maintaining biodiversity, the protection of native vegetation, the importance of water resources and avoiding constrained land,

(f)  the provision of opportunities for rural lifestyle, settlement and housing that contribute to the social and economic welfare of rural communities,

(g)  the consideration of impacts on services and infrastructure and appropriate location when providing for rural housing,

(h)  ensuring consistency with any applicable regional strategy of the Department of Planning or any applicable local strategy endorsed by the Director-General.

 

The proposed amendments are considered to be consistent with the provisions of the SEPP as they will assist in minimising land use conflict within the R5 Large Lot Residential zone by enabling suitable buffers to be provided by way of development consent from horticulture to residential development which is considered to be the preferred and the predominant land use in the zone. Given the intention of the R5 zone is to provide residential housing in a rural setting to contribute to the social and economic welfare of rural communities; it is considered that protecting the residential uses in the zone from potential land use conflict is important in ensuring consistency with the SEPP and the objectives of the zone.

 

Furthermore, the proposed amendments to clause 4.2A will ensure rural housing is appropriately located having regard to land use conflict, impacts on services and infrastructure, and protection of opportunities for current and potential productive and sustainable economic activities in rural areas.

 

·              State Environmental Planning Policy No. 44 – Koala Habitat Protection

 

SEPP 44 encourages the conservation and management of natural vegetation areas that provide habitat for koalas to ensure permanent free-living populations will be maintained over their present range.

 

Under SEPP 44, potential koala habitat is defined as areas of native vegetation where the trees listed in Schedule 2 of the SEPP constitute at least 15% of the total number of trees in the upper or lower strata of the tree component. A koala habitat assessment is required for any significant development in such areas.

 

The planning proposal is not considered to be contrary to the requirements of this SEPP as it will ensure development for horticulture within the R5 zone will be assessed against the potential impacts on core koala habitat.

 

·              State Environmental Planning Policy No 55 – Remediation of Land

 

SEPP 55 provides that Council is not to include in a particular zone any specified land if the inclusion of the land in that zone would permit a change of use of the land unless:

“(a) the planning authority has considered whether the land is contaminated, and

(b) if the land is contaminated, the planning authority is satisfied that the land is suitable in its contaminated state (or will be suitable, after remediation) for all the purposes for which land in the zone concerned is permitted to be used, and

(c) if the land requires remediation to be made suitable for any purpose for which land in that zone is permitted to be used, the planning authority is satisfied that the land will be so remediated before the land is used for that purpose.“

 

Given that this planning proposal does not include any rezoning of land, it is not considered that the planning proposal is contrary to the SEPP.

 

·              State Environmental Planning Policy (Coastal Management) 2018

 

The object of this policy is to provide for the protection and management of sensitive and significant areas within the coastal zone. Sections of land to which the planning proposal relates is located within the coastal zone. Therefore, in preparing the final LEP, Council must consider the natural, cultural, recreational and economic attributes of land within the coastal zone to ensure that public access to foreshore areas, Aboriginal heritage, visual amenity, coastal flora and fauna, coastal processes and cumulative impacts are addressed.

 

The amendments within this planning proposal are not contrary to the requirements of this SEPP.

 

6        Is the planning proposal consistent with applicable Ministerial Directions (s.117 directions)?

 

Directions under Section 117 of the Environmental Planning and Assessment Act 1979 applicable to this planning proposal are addressed as follows:

 

1       Employment and Resources

 

Direction 1.2         Rural Zones

 

The objective of this direction is to protect the agricultural production value of rural land.

 

This direction applies when a council prepares a planning proposal that affects land within an existing or proposed rural zone (including the alteration of any existing rural zone boundary). Because clause 4.2A of the LEP applies to rural zones, this direction is applicable.

 

In accordance with this direction, the planning proposal shall not rezone land from a rural zone to a residential, business, industrial, village or tourist zone. Given the planning proposal does not include rezoning; it is not contrary to this direction.

 

Direction 1.5         Rural Lands

 

The objectives of this direction are to:

 

a        protect the agricultural production value of rural land,

b        facilitate the orderly and economic development of rural lands for rural and related purposes.

 

This direction applies when:

 

a          a council prepares a planning proposal that affects land within an existing or proposed rural or environment protection zone (including the alteration of any existing rural or environment protection zone boundary) or

b          a council prepares a planning proposal that changes the existing minimum lot size on land within a rural or environment protection zone.

 

What a council must do if this direction applies

 

a          A planning proposal to which clauses 3(a) or 3(b) apply must be consistent with the Rural Planning Principles listed in State Environmental Planning Policy (Rural Lands) 2008.

b          A planning proposal to which clause 3(b) applies must be consistent with the Rural Subdivision Principles listed in State Environmental Planning Policy (Rural Lands) 2008.

 

The amendment to clause 4.2A of the LEP affects land within rural and environmental protection zones. The amendment is considered to be consistent with this direction as outlined under State Environmental Planning Policy (Rural Lands) 2008 earlier in this report.

 

2       Environment and Heritage

 

Direction 2.1         Environment Protection Zones

 

The objective of this direction is to protect and conserve environmentally sensitive areas. This direction applies when a council prepares a planning proposal.

 

What a council must do if this direction applies:

 

a          A planning proposal shall include provisions that facilitate the protection and conservation of environmentally sensitive areas.

b          A planning proposal that applies to land within an environment protection zone or land otherwise identified for environment protection purposes in a LEP shall not reduce the environmental protection standards that apply to the land (including by modifying development standards that apply to the land). This requirement does not apply to a change to a development standard for minimum lot size for a dwelling in accordance with clause (5) of Direction 1.5 “Rural Lands.

 

This direction is applicable to the proposed amendment to clause 4.2A. Given the proposed amendment will ensure all dwellings in the environment protection zones are subject to existing intended provisions which are partly aimed at minimising environmental impacts, it is not considered that the proposal is contrary to this direction.

 

Direction 2.2         Coastal Protection

 

The objective of this direction is to implement the principles in the NSW Coastal Policy. This direction applies when a council prepares a planning proposal that applies to land in the coastal zone.

 

A planning proposal shall include provisions that give effect to and are consistent with:

 

a        the NSW Coastal Policy: A Sustainable Future for the New South Wales Coast 1997, and

b        the Coastal Design Guidelines 2003, and

c          the manual relating to the management of the coastline for the purposes of section 733 of the Local Government Act 1993 (the NSW Coastline Management Manual 1990).

 

The amendments within this planning proposal are consistent with the requirements of this direction. The LEP contains provisions which address coastal development and will not be impacted by the proposal.

 

Direction 2.3         Heritage Conservation

 

The objective of this direction is to conserve items, areas, objects and places of environmental heritage significance and indigenous heritage significance. This direction applies when a council prepares a planning proposal.

 

A planning proposal shall contain provisions that facilitate the conservation of:

 

a          items, places, buildings, works, relics, moveable objects or precincts of environmental heritage significance to an area, in relation to the historical, scientific, cultural, social, archaeological, architectural, natural or aesthetic value of the item, area, object or place, identified in a study of the environmental heritage of the area,

b          Aboriginal objects or Aboriginal places that are protected under the National Parks and Wildlife Act 1974, and

c          Aboriginal areas, Aboriginal objects, Aboriginal places or landscapes identified by an Aboriginal heritage survey prepared by or on behalf of an Aboriginal Land Council, Aboriginal body or public authority and provided to the council, which identifies the area, object, place or landscape as being of heritage significance to Aboriginal culture and people.

 

The amendments within this planning proposal are not contrary to the requirements of this direction as they will not impact the conservation of the above. Furthermore, the LEP contains provisions to address heritage areas and items which will not be impacted by the proposal.

 

Direction 2.4  Recreation Vehicle Areas

 

The objective of this direction is to protect sensitive land or land with significant conservation values from adverse impacts from recreation vehicles.

 

This direction applies when Council prepares a planning proposal. The planning proposal must not enable land to be developed for the purpose of a recreation vehicle area (within the meaning of the Recreation Vehicles Act 1983):

(a) where the land is within an environmental protection zone,

          (b) where the land comprises a beach or a dune adjacent to or adjoining a beach,

(c) where the land is not within an area or zone referred to in paragraphs (4)(a) or (4)(b) unless the relevant planning authority has taken into consideration:

(i) the provisions of the guidelines entitled Guidelines for Selection, Establishment and Maintenance of Recreation Vehicle Areas, Soil Conservation Service of New South Wales, September, 1985, and

(ii) the provisions of the guidelines entitled Recreation Vehicles Act, 1983, Guidelines for Selection, Design, and Operation of Recreation Vehicle Areas, State Pollution Control Commission, September 1985.

 

The planning proposal is not contrary to this direction as it does not enable land to be developed for the purpose of a recreation vehicle area.

 

3       Housing, Infrastructure and Urban Development

 

Direction 3.1         Residential Zones

 

The objectives of this direction are:

 

a          to encourage a variety and choice of housing types to provide for existing and future housing needs,

b          to make efficient use of existing infrastructure and services and ensure that new housing has appropriate access to infrastructure and services, and

c        to minimise the impact of residential development on the environment and resource lands.

 

This direction applies when a council prepares a planning proposal that affects land within:

 

a          an existing or proposed residential zone (including the alteration of any existing residential zone boundary),

b          any other zone in which significant residential development is permitted or proposed to be permitted.

 

A planning proposal shall include provisions that encourage the provision of housing that will:

 

a        broaden the choice of building types and locations available in the housing market, and

b        make more efficient use of existing infrastructure and services, and

c          reduce the consumption of land for housing and associated urban development on the urban fringe, and

d        be of good design.

 

A planning proposal shall, in relation to land to which this direction applies:

 

a          contain a requirement that residential development is not permitted until land is adequately serviced (or arrangements satisfactory to the council, or other appropriate authority, have been made to service it), and

b        not contain provisions which will reduce the permissible residential density of land.

 

The amendments within this planning proposal will not impact existing provisions which make the LEP complaint with this direction.

 

4       Hazard and Risk

 

Direction 4.1         Acid Sulfate Soils

 

The objective of this direction is to avoid significant adverse environmental impacts from the use of land that has a probability of containing acid sulfate soils.

 

This direction applies when a council prepares a planning proposal that will apply to land having a probability of containing acid sulfate soils as shown on the Acid Sulfate Soils Planning Maps.

 

Council shall consider the Acid Sulfate Soils Planning Guidelines adopted by the Director-General of the Department of Planning when preparing a planning proposal that applies to any land identified on the Acid Sulfate Soils Planning Maps as having a probability of acid sulfate soils being present.

 

When a council is preparing a planning proposal to introduce provisions to regulate works in acid sulfate soils, those provisions shall be consistent with:

 

a          the Acid Sulfate Soils Model LEP in the Acid Sulfate Soils Planning Guidelines adopted by the Director-General, or

b          such other provisions provided by the Director-General of the Department of Planning that are consistent with the Acid Sulfate Soils Planning Guidelines.

 

A council shall not prepare a planning proposal that proposes an intensification of land uses on land identified as having a probability of containing acid sulfate soils on the Acid Sulfate Soils Planning Maps unless the council has considered an acid sulfate soils study assessing the appropriateness of the change of land use given the presence of acid sulfate soils. Council shall provide a copy of any such study with its statement to the Director-General of the Department of Planning under section 64 of the EP&A Act.

 

Where provisions referred to under paragraph (5) of this direction have not been introduced and council is preparing a planning proposal that proposes an intensification of land uses on land identified as having a probability of acid sulfate soils on the Acid Sulfate Soils Planning Maps, the planning proposal must contain provisions consistent with paragraph (5).

 

Given the proposed amendments will not increase potential development with areas mapped on the Acid Sulfate Soils Map and will not regulate works in acid sulfate soils, it is not considered that the proposal will be contrary to this direction.

 

5       Regional Planning

 

Direction 5.4         Commercial and Retail Development along the Pacific Highway, North Coast

 

The objectives for managing commercial and retail development along the Pacific Highway are:

(a) to protect the Pacific Highway’s function, that is to operate as the North Coast’s primary inter- and intra-regional road traffic route;

(b) to prevent inappropriate development fronting the highway;

(c) to protect public expenditure invested in the Pacific Highway;

(d) to protect and improve highway safety and highway efficiency;

(e) to provide for the food, vehicle service and rest needs of travellers on the highway; and

(f) to reinforce the role of retail and commercial development in town centres, where they can best serve the populations of the towns.

 

This Direction applies to those council areas on the North Coast that the Pacific Highway traverses, being those council areas between Port Stephens Shire Council and Tweed Shire Council, inclusive.

 

This Direction applies when a relevant planning authority prepares a planning proposal for land in the vicinity of the existing and/or proposed alignment of the Pacific Highway.

 

A planning proposal that applies to land located on “within town” segments of the Pacific Highway must provide that:

(a) new commercial or retail development must be concentrated within distinct centres rather than spread along the highway;

(b) development with frontage to the Pacific Highway must consider impact the development has on the safety and efficiency of the highway; and

(c) for the purposes of this paragraph, “within town” means areas which, prior to the draft local environmental plan, have an urban zone (eg: “village”, “residential”, “tourist”, “commercial”, “industrial”, etc) and where the Pacific Highway speed limit is less than 80km/hour.

 

A planning proposal that applies to land located on “out-of-town” segments of the Pacific Highway must provide that:

(a) new commercial or retail development must not be established near the Pacific Highway if this proximity would be inconsistent with the objectives of this Direction;

(b) development with frontage to the Pacific Highway must consider the impact the development has on the safety and efficiency of the highway; and

(c) for the purposes of this paragraph, “out-of-town” means areas which, prior to the draft local environmental plan, do not have an urban zone (eg: “village”, “residential”, “tourist”, “commercial”, “industrial”, etc) or are in areas where the Pacific Highway speed limit is 80km/hour or greater.

 

The amendments proposed as part of the planning proposal are not contrary to this direction.

 

Direction 5.10 Implementation of Regional Plans

 

The objective of this direction is to give legal effect to the vision, land use strategy, goals, directions and actions contained in Regional Plans. This direction applies to land to which a Regional Plan has been released by the Minister for Planning.

 

This direction applies when Council prepares a planning proposal. Planning proposals must be consistent with a Regional Plan released by the Minister for Planning.

 

The two amendments the subject of the planning proposal will not be contrary to the North Coast Regional Plan.

 

6       Local Plan Making

 

Direction 6.1         Approval and Referral Requirements

 

The objective of this direction is to ensure that LEP provisions encourage the efficient and appropriate assessment of development.

 

A planning proposal shall:

 

a          minimise the inclusion of provisions that require the concurrence, consultation or referral of development applications to a Minister or public authority, and

b          not contain provisions requiring concurrence, consultation or referral of a Minister or public authority unless the council has obtained the approval of:

i         the appropriate Minister or public authority, and

ii        the Director-General of the Department of Planning (or an officer of the Department nominated by the Director-General),

prior to a certificate under section 65 of the Act being issued, and

c        not identify development as designated development unless the council:

i         can satisfy the Director-General of the Department of Planning (or an officer of the Department nominated by the Director-General) that the class of development is likely to have a significant impact on the environment, and

ii        has obtained the approval of the Director-General of the Department of Planning (or an officer of the Department nominated by the Director-General) prior to a certificate being issued under section 65 of the Environmental Planning and Assessment Act 1979.

 

This Planning Proposal does not require the implementation of any concurrence provisions. The planning proposal is consistent with this direction.

 

Direction 6.2         Reserving Land for Public Purposes

 

The objectives of this direction are:

 

a        to facilitate the provision of public services and facilities by reserving land for public purposes, and

b          to facilitate the removal of reservations of land for public purposes where the land is no longer required for acquisition.

 

A planning proposal shall not create, alter or reduce existing zonings or reservations of land for public purposes without the approval of the relevant public authority and the Director-General of the Department of Planning (or an officer of the Department nominated by the Director-General).

 

When a Minister or public authority requests a council to reserve land for a public purpose in a planning proposal and the land would be required to be acquired under Division 3 of Part 2 of the Land Acquisition (Just Terms Compensation) Act 1991, the council shall:

 

a        reserve the land in accordance with the request, and

b          include the land in a zone appropriate to its intended future use or a zone advised by the Director-General of the Department of Planning (or an officer of the Department nominated by the Director-General), and

c        identify the relevant acquiring authority for the land.

 

When a Minister or public authority requests a council to include provisions in a planning proposal relating to the use of any land reserved for a public purpose before that land is acquired, the council shall:

 

a        include the requested provisions, or

b          take such other action as advised by the Director-General of the Department of Planning (or an officer of the Department nominated by the Director-General) with respect to the use of the land before it is acquired.

 

When a Minister or public authority requests a council to include provisions in a planning proposal to rezone and/or remove a reservation of any land that is reserved for public purposes because the land is no longer designated by that public authority for acquisition, the council shall rezone and/or remove the relevant reservation in accordance with the request.

 

This Planning Proposal is consistent with this direction

 

Section C – Environmental, social and economic impact

 

7        Is there any likelihood that critical habitat or threatened species, populations or ecological communities, or their habitats, will be adversely affected as a result of the proposal?

 

The proposed amendments will not result in any greater disturbance to the natural environment than what would already occur as horticulture is currently permissible without consent and the amendment to clause 4.2A will assist regulate dwellings within the rural and environmental protection zones.

 

8        Are there any other likely environmental effects as a result of the planning proposal and how are they proposed to be managed?

 

It is not considered that there are any environmental effects resulting from the planning proposal.

 

9          Has the planning proposal adequately addressed any social and economic effects?

 

The proposed amendments in this planning proposal are aimed at rectifying issues with the LEP which have the potential to result in significant social and economic impacts.

 

Section D – State and Commonwealth Interests

 

10         Is there adequate public infrastructure for the planning proposal?

 

The planning proposal relates to housekeeping and policy amendments for which additional public infrastructure are not required.

 

11         What are the views of State and Commonwealth public authorities consulted in accordance with the gateway determination?

 

Government authorities have not been formally involved in this planning proposal as it is yet to receive gateway approval. However, the NSW Department of Primary Industries (DPI) were consulted with regards to the amendment to horticulture within the R5 zone prior to Council resolving to proceed with the preparation of the planning proposal. DPI responded with no objections to the proposed amendment.

 

Part 4    Mapping

 

No new or amended maps are required as part of the proposed amendments.

 

Part 5    Community Consultation

 

It is intended to undertake community consultation by way of an advertisement in the local newspaper and Councils website advising the public of the planning proposal and the opportunity to make a submission. It is intended to advertise the planning proposal for 28 days.

 

Part 6    Project Timeline

 

19 July 2018                             Gateway determination issued by Department of Planning & Environment

2-30 August 2018                      Public exhibition of planning proposal and consultation with government agencies

September 2018                       Analysis of public submissions and agency responses

                                               Preparation of Council report

October 2018                           Endorsed planning proposal submitted to Department of Planning and Environment for finalisation


 

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Ordinary Council Meeting - 27 September 2018

LEP and DCP Amendment

 

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Ordinary Council Meeting                                                                                           27 September 2018

General Manager's Report

ITEM 9.4      SF2423            270918         Undetermined Development Applications either greater than 12 months or where submissions received to 20 September 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 20 September 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 relevant regulation. 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

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

2018/173

27 August 2018

Continued Use of Garage & Caravan Shelter

Lot 3 DP 21766, 23 Taylors Arm Road, Upper Taylors Arm

One submission has been received.

STATUS: Being assessed

Attachments:

There are no attachments for this report.  


Ordinary Council Meeting                                                                                           27 September 2018

General Manager's Report

ITEM 9.5      SF1496            270918         Minutes of the Nambucca Rivers, Creeks, Estuaries and Coastline Management Committee - 13 June 2018

 

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

 

Summary:

 

The purpose of this report is for Council to endorse the minutes of the Nambucca Rivers Creek Estuaries and Coastline Management Committee meeting held on Thursday 13 June 2018.  A copy of the minutes is attached.

 

 

Recommendation:

 

1        That Council adopt the minutes of the Nambucca Rivers, Creeks, Estuaries and Coastline Management Committee held on the Thursday 13 June 2018.

 

2        That Cr John Wilson be included as a formal representative on the Nambucca Rivers, Creeks Estuaries and Coastline Management Committee.

 

 

OPTIONS:

 

1    Council may choose not to adopt the all or part of the minutes and request further clarification from staff on particular matters;

 

2    Council may make alternative recommendations to the committee

 

 

DISCUSSION:

 

The minutes of the committee meeting are attached.

 

It is noted that this meeting included an inspection of many of the projects referred in the report, providing an opportunity for members and agencies to see some recent projects completed by Council and some and some that will be progressed in the coming 12 months.

 

Due to unavailability on the day two committee representatives made separate arrangements with our Local Boating Safety Officer (RMS) to visit some riverbank stabilisation sites upstream from Macksville.

 

Representatives from the University of New England (UNE) presented the findings of the Ecohealth monitoring report. A separate report will be presented to the next Council meeting.

 

General Managers Comment

 

Councillor John Wilson is a frequent attendee to these committee meetings and it is recommended that he be included as a formal representative on this committee. Other Councillors presently with a position on the committee are:

 

Councillor Ainsworth (Chair)

Councillor Reed

Councillor Finlayson

 

 

CONSULTATION:

 

Various agency representatives were present at the committee meeting to provide advice on various matters.

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

Nil

 

Social

 

Nil

 

Economic

 

Nil

 

Risk

 

Nil

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

Funds required to complete the River Inspection will be made available through the Environmental Levy.

 

Source of fund and any variance to working funds

 

Environmental Levy and Grant funds

 

Service level changes and resourcing/staff implications

 

Nil

 

Attachments:

1

20342/2018 - Minutes - Nambucca River, Creeks, Estuaries and Coastline Management Committee - 13 June 2018

 

  


Ordinary Council Meeting - 27 September 2018

Minutes of the Nambucca Rivers, Creeks, Estuaries and Coastline Management Committee - 13 June 2018

 

PRESENT

 

Cr John Ainsworth (Chairperson)

 

Logan Zingus (Nambucca Valley Landcare)

 

Fay Lawson (Flood Affected Landowner)

 

Theresa Spens-Black (Oyster Farmers)

 

 

 

ALSO PRESENT

 

Grant Nelson (Council)

Lewis Parkins (SES)

Caroline Ortel (OEH)

Jason Jones (SES)

John Schmidt (OEH)

Jonathan Yantsch (NSW DPI Fisheries)

Alex Statzenko (LLS)

Cr Susan Jenvey

Sarah Mika (UNE)

Michael Smart (UNE)

Ben Vincent (UNE)

Craig Smith

Michael Coulter (Council GM)

John Wilson (Cr)

 

 

APOLOGIES

 

Robert Kennedy (Nambucca Valley Tourism)

Cr Anne Smythe

Paula Flack (Nambucca Valley Conservation Association)

Daniel Walsh (Manager Development and Environment)

James Hallam (NSW Farmers)

Cr Janine Reed

Cr Brian Finlayson

(Nambucca Valley River Users Group)

Chels Marshall (Nambucca Heads Local Aboriginal Land Council) Part Meeting

 

 

 

DISCLOSURE OF INTEREST

 

There were no Disclosures of Interest declared.

 

 

CONFIRMATION OF MINUTES

 

          (Lawson/Zingus)

 

That the Committee note the adoption and endorsement of the recommendations of the Minutes of the Meeting held , by Council at its meeting of  21 September 2017.

 

 

 

 

 

 

 

ASKING OF QUESTIONS WITH NOTICE

 

There were no Questions With Notice.

 

 

General Manager Report

ITEM 5.1      SF1496              130618      Report on Outstanding Items

RESOLVED:          (Lawson/Spens-Black)

 

The list of outstanding actions be noted and received by the committee

 

 

 

 

 

ITEM 5.2      SF2165              130618      Nambucca Ecohealth Project 2016-17

RESOLVED:          (Spens-Black/Lawson)

 

1        That the Committee receive a presentation from the University of New England on the Nambucca Ecohealth Project 2016-17.

 

2        That Council incorporate recommendations of the Nambucca Ecohealth Project in future plans and strategies relating to the coast and estuary.

 

3        That Council use the information contained in the Nambucca Ecohealth Project to support future funding programs and resources.

 

 

 

 

 

ITEM 5.3      SF1496              130618      Draft Climate Change Policy

RESOLVED:          (Spens-Black/Lawson)

 

1        That Council place on public exhibition the draft Climate Change policy as amended by the Nambucca Rivers Creeks Estuaries and Coastline Management Committee.

 

2        That any submissions made by the public concerning the draft policy be reported back to the        Committee for their information.

 

 

 

 

 

ITEM 5.4      SF2457              130618      Coastal Management Program - Commencement

RESOLVED:          (Spens-Black/Lawson)

 

1        That the committee note the progress of the Coastal Management Program.

 

 

 

 

 

ITEM 5.5      SF1496              130618      River Bank Stabilisation

RESOLVED:          (Ainsworth/Spens-Black)

 

1        That committee note the status of the program.

 

2        That committee identify any locations of eroding riverbank of significance for future action.

 

 

 

 

 

ITEM 5.6      PRF47                130618      Dawkins Park - Progress Report on Management and Investigations

RESOLVED:          (Zingus/Lawson)

 

That the Committee note the status of the Dawkins Park Projects.

 

 

 

 

 

ITEM 5.7      SF1496              130618      Nambucca River Flood Warning System

RESOLVED:          (Lawson/Spens-Black)

 

1        That the committee note the status of Council’s Flood Risk Management Plan and its implementation.

 

2        That the committee be provided with a report regarding the potential warning systems on Warrell Creek and Burrapine.

 

 

 

 

 

ITEM 5.8      SF1496              130618      Main Beach Nambucca Heads Stage 2 Coastal Protection Works - Progress Report

RESOLVED:          (Ainsworth/Zingus)

 

That the committee note the content of this report and the status of the project.

 

 

 

 

 

 

 

 

 

 

ITEM 5.9      SF1496              130618      Results of Exhibition of the Environmental Levy program 2018/19

RESOLVED:          (Lawson/Zingus)

 

1        That Council note the submissions received to the Environmental Levy;

 

2        That Council apply $15,000 of the Coast and Estuary Funding to the riparian improvements to Hughes Creek;

 

3        That Council seek grant funding through the Office of Environment Heritage to prepare a management plan for Hughes Creek and its immediate catchment.

 

 

 

   

 

 

 

NEXT MEETING DATE

 

The next meeting will be held October 2018.

 

 

CLOSURE

 

There being no further business the chair then closed the meeting the time being 3.00 pm. 

 

 

 

John Ainsworth

(CHAIRPERSON)

 


Ordinary Council Meeting                                                                                           27 September 2018

General Manager's Report

ITEM 9.6      SF2422            270918         Minutes of the Nambucca Shire Council Access Committee meeting held 24 July 2018

 

AUTHOR/ENQUIRIES:    Coral Hutchinson, Manager Community Development        

 

 

Summary:

 

The minutes of the Nambucca Shire Council Access Committee meeting held Tuesday 24 July 2018 are attached for Council’s endorsement. 

 

There are no specific recommendations for Council’s attention however they are presented to Council for information and a summary of matters considered at the meeting.

 

 

 

RECOMMENDATION:

 

That Council endorse the minutes of the Nambucca Shire Council Access Committee meeting held 24 July 2018.

 

 

OPTIONS:

 

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

 

 

DISCUSSION:

 

Access around Plaza

 

Small improvements are scheduled but not yet completed.

 

Inclusive Tourism

 

The Committee has now concluded Stream 2 of the training and will be taking a break to assess the learnings.

 

Steps on River Foreshore

 

A report is being prepared for the September Access Committee meeting. 

 

 

CONSULTATION:

 

Nothing required.

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

Nothing identified

 

Social

 

Improved access has positive social outcomes for the community particularly people with disability.

 

Economic

 

Nothing identified relating to this report. 

 

Risk

 

There are no specific risks identified.

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

Nothing required.

 

Source of fund and any variance to working funds

 

Nil

 

Service level changes and resourcing/staff implications

 

Nothing identified

 

Attachments:

1

26082/2018 - Minutes - Access Committee - 24 July 2018

 

  


Ordinary Council Meeting - 27 September 2018

Minutes of the Nambucca Shire Council Access Committee meeting held 24 July 2018

 

PRESENT

 

Mr Peter Shales (Chairperson)

Cr Susan Jenvey

Ms Lee-anne Funnell

Mr Les Small

Mr Mark Bettini

Mr Lewis Parkins

Mr Michael Porter

Ms Margaret Hutchinson

Ms Coral Hutchinson

Ms Alba Sky

 

APOLOGIES

 

Cr Anne Smyth

Mr Keith Davis

Ms Fiona Henwood (Guide Dogs)

 

 

 

Assistant General Manager Corporate Services Report

ITEM 3.1      SF2422              240718      Confirmation of the Minutes of the Previous Meeting held 26 June 2018

Recommendation: (hutchinson m/porter)

 

That the Committee confirm the minutes of the meeting held 26 June 2018, with the notation that Cr Jenvey was in attendance. 

 

 

 

 

 

ITEM 3.2      SF2422              240718      Business Arising from Previous Meeting held 26 June 2018

Recommendation:

 

The Business Arising was noted.

 

 

Note:  Lewis Parkins arrived at this point with the time being 2.17pm.

 

 

 

ITEM 3.3      SF2422              240718      Correspondence to the Access Committee meeting 24 July 2018

Recommendation:

 

The correspondence received and sent was noted.

 

 

 

 

 

ITEM 3.4      SF2422              240718      Report on General Business to the Access Committee 24 July 2018

Recommendation:

 

The following matters were discussed:

 

1     Living Well Expo – Coffs Cex 15 August

2     Highway Service Centre – popular spot for young people

3     Trolleys stored on footpath in Bowraville (for August agenda)

4     Adult change facilities at Macksville Memorial Aquatic Centre (for August agenda)

 

Note:  the Committee completed half of Stream 2 online training of “Inclusive Tourism – Everyone’s Business”.

 

 

 

   

 

NEXT MEETING DATE

 

The next meeting will be held on Tuesday 28 August 2018 commencing at 2.00pm.

 

 

CLOSURE

 

There being no further business the Chairperson then closed the meeting with the time being  3.50 pm. 

 

 

 

………………………………

PETER SHALES

(CHAIRPERSON)

 


Ordinary Council Meeting                                                                                           27 September 2018

General Manager's Report

ITEM 9.7      SF868              270918         Precious Memories - proposed reprint

 

AUTHOR/ENQUIRIES:    Coral Hutchinson, Manager Community Development         

 

Summary:

 

“Precious Memories” is a photographic history of the Nambucca Shire prepared and published to commemorate the Centenary of Federation.  The book was researched and compiled by David Dunne for the Centenary of Federation Committee 2001.

 

At the time Council purchased 1,000 copies and shortly after ordered a reprint.  A stocktake earlier in 2018 revealed that numbers were lower than expected due to a renewed interest in the publication.  Perhaps this is to be expected with the increased interest in researching family history and connecting with our past eg the growth in cultural tourism.  The book also makes a worthy gift to new Citizens.

 

Council is requested to consider underwriting a reprint of 1,000 copies of Precious Memories and make an allocation of $10,000 to fund this mid financial year as stocks will not last for the matter to be considered during 2019-2020 budget preparation. 

 

 

 

Recommendation:

 

1        That Council make an allocation of $10,000 from 2018-2019 working funds to underwrite a reprint of Precious Memories.

 

2        That Council offer the publication at cost, to museums to on-sell as a fund raising initiative.

 

3        That Council’s Fees and Charges note the retail price of Precious Memories as $25.

 

 

OPTIONS:

 

Council has the option of doing nothing, however this is not recommended as the publication still has value.  At the very least the book needs to be somehow preserved (at least electronically) for the future.  Having said that as technology changes, print material ensures the information is available for the future. 

 

Council also has the option of donating the books to Museums or indeed make a separation between independent and Council-operated museums and charging them different prices.  In providing the books free, Council runs into the issue of tracking and reporting donations via the Annual Report – even very small amounts must be accounted for and creates unnecessary work.  Selling the books at cost (approximately $10.00) should be doable to the Museum Committees who would only need small numbers in stock – mostly they request/purchase under 10 copies at a time now.  The latter approach is recommended for simplicity.  Current Fees and Charges should note the price of Precious Memories as $25. 

 

DISCUSSION:

 

The Manager Community Development has spent some time finding the people originally involved in developing the book and the original files. 

 

There has been success; to a point – the original printers files have been lost due to a fire some time ago at The Printery; and alternative electronic versions have been found, but these are either unreadable due to changes in software or hardware technology.  The good news is that author David Dunne and John Cruickshanks from J&MC Graphics are both willing to assist Council with a reprint; the photographs are available in usable versions and modern software will allow for scanning and converting the text and re-creation of the layout.  This is perhaps the long way around but do-able.  There is another upside to this approach and that is development of a completely new cover to remove the Diamond Tree image which is from a tree sacred to the Gumbaynggirr people, correction of some minor mistakes in the text and relaunch of the book to mark the centenary of the arrival of rail to the Nambucca Valley in 1919.  There are no plans to undertake any more work than necessary for a reprint with these updates.

 

The estimate of $10,000 will cover printing and layout. 

 

Whilst we are discussing Precious Memories, Council is asked to consider how the book is sold.  Local museums would like to offer the book for sale and most do, however it appears arrangements with Council vary – some expect the publication for free, others are prepared to pay.  In the interest of the ratepayer, this should be standardised and based on a cost-recovery basis.  This will also avoid the issue of the items being a donation. 

 

 

CONSULTATION:

 

Assistant General Manager – Corporate Services

Manager Information and Communication Technology

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are no environmental issues raised from this report.

 

Social

 

There are well established positive social outcomes from people connecting with their local history and heritage.

 

Economic

 

Nothing specifically identified.

 

Risk

 

There is nothing specifically identified. 

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

It is likely that 1,000 copies would last for many years at the level of current demand.

 

Working funds – justification for urgency and cumulative impact

 

The renewed interest in Precious Memories, sales at Museums and Council and its value as a gift to new citizens have collectively lowered available stocks quicker than anticipated.

 

Service level changes and resourcing/staff implications

 

There are no staffing implications; the Manager Community Development will need to co-ordinate the production within available staff time.

 

Attachments:

There are no attachments for this report.


Ordinary Council Meeting                                                                                           27 September 2018

General Manager's Report

ITEM 9.8      SF2280            270918         Lodgement of Application to Minister for Lands and Forestry for Classification and Categorisation of Crown Reserves

 

AUTHOR/ENQUIRIES:    Terri Brown, Engineering Support Officer; Michael Coulter, General Manager         

 

Summary:

 

Previously Crown reserves have been jointly managed by Crown Lands and Council under separate legislation.

 

Recent Crown Land “reforms” culminating in the Crown Land Management Act 2016 (CLMA) which came into effect on 1 July 2018 has resulted in the previous joint arrangements being discarded in favour of Councils having administrative responsibility for the management of Crown reserves.

 

At the commencement of the CLMA the categorisation and classification of Crown land under the care and control of Council reverted back to the categorisation and classification as per the original gazettal notice and all current plans of management are to be rewritten to reflect the CLMA under the Local Government Act (LGA).

 

Crown lands and the Office of Local Government (OLG) are requiring that Councils undertake a two (2) step process to transition their management of Crown reserves to the new processes.

 

The first step, which is the subject of this report, is for Council to undertake a classification (operational or community land) and then categorisation (type of community land).  Whilst the Council can seek the classification of Crown reserves as operational land this will require the approval of the Minister and it has been made plain that Crown land and the OLG expect the vast majority of Crown reserves to be classified as community land.

 

The second step is for Council to prepare Plans of Management for all of the listed Crown reserves.

 

The purpose of this report is to obtain approval for classification and categorisation of ninety (90) Crown reserves as per the recommendations in the circularised spreadsheet.  Of the ninety (90) Crown reserves it is proposed that eighteen (18) be classified as operational land and that another twenty five (25) have their community land categorisation changed to better reflect the purpose of the community land classification.  Most of the recommended changes in community land categorisation are from General Community Use to Natural Area/Bushland.

 

 

Recommendation:

 

That Council endorse the recommended classification and categorisation of the ninety (90) Crown land reserves as per the circularised spreadsheet and make the necessary applications to the NSW Department of Industry – Lands and Water for their endorsement.

 

 

OPTIONS:

 

Under the Crown Land Management Act 2016, Council must assign a classification and category and rewrite or prepare plans of management.  The Council does not have to accept the recommended classifications and categorisations.  Regardless of Council’s decision the NSW Department of Industry – Lands and Water may not accept Council’s recommendations.

 

DISCUSSION:

 

Outline of Legislation

 

The Crown Land Management Act 2016 (CLMA) provides for councils to manage crown land under the provisions of the Local Government Act 1993 (LGA).  It is anticipated this will reduce the duplication and drain on resources experienced by councils resulting from the current dual legislative frameworks.

 

Councils will generally no longer have to seek consent from the Minister for Lands and Forestry for dealings on crown land and will also benefit from the removal of reporting requirements.  Instead, they will be able to manage crown reserves in the same way that council owned land is managed.

 

Although local councils will generally be managing land as if it were under the LGA, the Minister for Lands and Forestry will retain important rights and powers including the ability to:

 

·      Make crown land management rules with which local councils must comply

·      Place conditions in councils' appointment instruments, when appointing them as Crown Land Managers

·      Remove councils as Crown Land Managers

 

Councils currently manage crown land as the appointed Reserve Trust Manager responsible for managing the affairs of a reserve trust.  From the commencement of the CLMA, the concepts of "reserve trusts" and "reserve trust managers:" were removed from the Crown Land Legislation and replaced with "Crown Land Managers".  Councils will be automatically appointed as Crown Land Managers for all reserves for which they are currently the appointed Reserve Trust Manager.  Councils will not need to do anything for this to occur - this is provided for in the provisions of the CLMA.

 

The default classification for crown land managed by councils is as community land.  In some circumstances, however, it will be possible for councils to get the approval of the Minister for Lands and Forestry for crown land to be managed as if it were operational land under the LGA.

 

The Minister may provide consent for crown land to be managed as operational land only where the Minister is satisfied that either:

 

·       The land does not fall within any of the categories for community land under the LGA (eg a road works depot, a rubbish tip); or

 

·       The land could not continue to be used and dealt with as it currently can if it were required to be used and dealt with as community land (eg caravan park sites with long term tenures, cemeteries).

 

Upon commencement of the CLMA councils must, as soon as practicable, assign an "initial category" to all crown land they manage (unless the Minister has given approval for the land to be classified as operational land).  The initial category must be the category that council considers is most closely related to the reserve purpose.

 

Once council has assigned categories to the reserves it manages, council must provide written notice to the Minister for Lands and Forestry of the categories it has assigned to the reserves.  The Minister may require council to alter the category it has assigned to a reserve if the Minister considers that:

 

·       The assigned initial category is not the most closely related to the reserve purpose, or

 

·       Management of the land in accordance with the assigned initial category is likely to materially harm the use on the land for the purpose for which it is reserved.

 

Following assignment to a category, council must proceed to prepare a plan of management under the LGA that reflects the assigned category.  Councils will generally not be required to hold public hearings in order to adopt this initial plan of management as long as the plan of management has been prepared in accordance with the regime outlined above.

 

Councils are authorised to manage crown land as if it were public land within the meaning of the LGA.  This enables councils to issue licences and leases for crown land in the same way as for public land owned by Council.  Essentially, the process for issuing tenures will depend on the classification and categorisation of the land.

 

Council may grant a lease, licence or other estate over community land where it is provided for in a compliant plan of management.  In accordance with the LGA, the tenure must also be consistent with the core objectives of the classification of that land.  Community land must not be leased or licenced for more than 21 years, or 30 years with the consent of the Minister for Local Government.  Any lease or licence for more than 5 years must have prior public notice, and in the event that an objection is made to that tenure as a result of the notice, the Minister for Local Government's consent is required.

 

Operational land is not subject to the tenure controls applicable to community land under the LGA.

 

In all cases, councils will be required to obtain the written advice of a qualified native title manager that the grant of the tenure complies with any applicable provisions of native title legislation.

 

Councils will be required to have plans of management for crown reserves that they manage as community land.  In order to make the implementation of plan of management requirements as straightforward as possible, the following will apply:

 

·       The requirement to have plans of management will be phased in over three years from the time the CLMA provisions relating to reserves commences

·       Councils can amend existing plans of management so they apply to crown reserves, where this is appropriate given the use for the crown reserve

·       Where new plans are required, councils will be able to follow a simplified process (for example, councils will not always be required to hold public hearings)

·       Some financial assistance will be available to help with the costs of preparing plans of management

 

Nambucca Shire Council will receive funding of $38,000 to assist with the implementation of the CLMA and the development of the plans of management.

 

For reasons which are not understood, the new legislation does not change the management of devolved land.  Any Crown Land that is a public reserve for the purposes of the LGA with no appointed Crown Land Manager or that is not held under lease from the Crown will continue to devolve to council management in accordance with section 48 of the LGA. Why this Crown land is treated differently to that identified as a Reserve is unknown.

 

Councils can now close council roads located on crown land without approval of the Minister for Lands provided:

 

·       It has been advertised

·       Adjoining land holders have been notified

·       Emergency services, Roads and Maritime Service etc have been notified

 

During the initial period, and until council adopts a first plan of management, the Regulation allows councils to:

·       Issue short term licences over council managed Crown Land for a range of prescribed purposes, such as holding sports and recreational activities, camping and events

·       Renew existing leases over council managed Crown Land if the renewal does not authorise any additional use for the land

·       Grant new leases over council managed Crown Land, if there was a pre-existing lease immediately prior to the repeal of the CL Act and the new lease does not authorise any additional use of the land

 

When exercising powers provided by these transitional arrangement, council Crown Land Managers must obtain written advice from a qualified Native Title Manager that any leases or licences comply with native title legislation.  Councils are required to engage or employ a Native Title Manager under the Act.

 

Nambucca Shire Council’s Manager Business Development has attended the necessary training and is the appointed Native Title Manager.  Other Council staff will attend the mandatory training when the opportunity arises.

 

Under the new legislation the Minister will still be able to:

 

·       Dedicate or reserve land

·       Grant leases, licences, permits, easements or rights of way

·       Appoint managers for dedicated or reserved crown land

·       Sell or dispose of Crown Land, subject to appropriate safeguards

 

Councils will not be required to furnish annual reports to the Minister for Lands and Forestry as is current practice.  The Minister for Lands and Forestry does retain powers to direct a council to furnish a report or information regarding Crown Land management however this will be used in exceptional circumstances.

 

"Generic" plans of management may apply to multiple categories and pieces of land notwithstanding where a categorisation under the LGA mandates a single plan for land.

 

Council Crown Land Managers must also obtain written advice from a qualified Native Title Manager that any plan of management for crown land adopted, or submit for approval, complies with any applicable provision of the Commonwealth Native Title legislation.

 

It is expected that land being vested to council will come across as community land in the majority of cases.  The land will be vested with any Native Title obligations.  To reclassify the land council will need to go through a vigorous re-classification process, including consideration of native title.

 

Land devolved to Council has the following conditions (as per Section 48 of the Local Government Act):

 

·      Council cannot let, lease, licence etc.

·      Do not need to classify, categorise or have a plan of management

·      Is not managed as local government community land

 

Recommended Classifications and Categorisations

 

A circularised spreadsheet indicates ninety (90) crown reserves where Council is the Crown Land Manager, detailing what Crown Lands propose by way of categorisation and classification and what Council staff recommend.  The recommended changes are shown in red font.

 

Crown lands have identified the 90 crown reserves as community land.  However a review of each reserve indicates that eighteen (18) reserves should be classified as operational land for a range of reasons.  To best illustrate the reasons attached are cadastral and aerial overlays of the proposed operational land.

 

Whilst Crown Lands would not be anticipating that a Council would seek so many operational land classifications on transfer, there is little point agreeing to accept the management of Crown reserves that will never have any community purpose and will only be a burden to future Council administrations and ratepayers, let only the foregone opportunity for a potential capital benefit to the Crown.  If nothing is done future Council administrations will receive and churn the same enquiries when adjoining properties are listed for sale.  For example the fact that adjoining properties don’t have legal access will affect their saleability and value and cause distress to residents.

 

The Local Government Act 1993 does not provide specific guidance as to what land should be classified as operational land or community land but in assessing the constraints on the use of community land it is clear that if land should be, for whatever reason, the subject of a transfer or long term dealing then it should have an operational land classification.  This is for the reason that Section 45 of the Act provides that a council has no power to sell, exchange or otherwise dispose of community land.  Whether or not the Crown reach agreement for the sale, exchange or otherwise disposal of the land is a matter for the Crown, not the Council.  Council’s only role is to facilitate the opportunity for a mutually agreeable outcome if and when that might arise.

 

A summary of the recommended operational land classifications is as follows:

 

Lot 7005 Upper Warrell Creek Road, Macksville

This would seem to be a section of Crown land left from a former travelling stock route.  It serves no purpose and has no value to anyone except the owner of the adjoining property.  If it is clear of public infrastructure it should be offered to them for sale at valuation.

 

Lot 7014 Wallace Street, Macksville

As per Lot 7005 this seems a section of Crown land left from a former travelling stock route and again serves no community purpose.  The adjoining owners may be interested in purchasing it.  There would need to be checks that the land was clear of public infrastructure.

 

Lot 7015 Wallace Street and Upper Warrell Creek Road, Macksville

This land is similarly crown land “left over” from a former travelling stock route.  It is more extensive than the land on the western side of Wallace Street but similarly has no discernible community purpose and the public interest would be best served by the land being available to purchase by adjoining property owners.  As with the other land there would need to be checks to ensure the land was clear of public infrastructure.

 

Lot 202 Factory Road, Bowraville

The land would appear to be a residue of the former wharf reserve.  It no longer has any identifiable public purpose and the adjoining owner may be interested in purchasing it.

 

Lot 7301 Park Street, Bowraville

The land on the northern side of Park Street is a foreshore area and should be retained in public ownership as foreshore.  However the land on the southern side of the road mainly comprises the front yards of private properties and with an encroachment from Park Street.  As the opportunity arises the sections of land which are not foreshore and which do not contain public infrastructure could be offered to the adjoining owners at valuation.

 

Lot 7023 Swimming Creek Road, Nambucca Heads

This land which has an area of approximately 2,600m2 sits amongst other houses on the western side of Bemago Street/Swimming Creek Road and below the Nambucca cemetery.  Crown lands have previously provided the adjoining owner to the north with a licence to obtain access across the land.  The land is opposite Morrison Park and has been zoned RE1 Public Recreation for no apparent reason other than the land is owned by the Crown.  It is otherwise a “gap” in the housing on the western side of the street.  With the access to the beach on the opposite side of the road there is no need or reason for the retention of the land for community use.  Approximately half the land sits behind the 2100 coastal hazard line not requiring any special engineering and it is possible to build in front of that line with special engineering.  There seems to be no public interest reason for the Crown to retain the land.  It would be extremely valuable if it was offered to the market.

 

Lot 5 High Street, Nambucca Heads

The adjoining owner accesses a triple garage across part of this Crown land.  By the appearance of the garage it would seem this arrangement has been in place for many decades.  To regularise and potentially legalise this access for future property transfers the land should be classified as operational allowing for the small section which provides the garage access to be offered to the adjoining owner at valuation.  The residue of the land can be retained as a park.

 

Lots 1 & 2 DP 951723, Rodeo Drive (Tewinga Community Centre)

Nambucca Radio Inc. 2NVR recently held a special general meeting which received an 85% majority vote in favour of seeking a transfer of the ownership of this facility to their incorporated association.  2NVR is a community based organisation which is effectively managing the building as a community facility.  In terms of the community’s access to and use of the facility it is difficult to foresee how a change in ownership will make any difference to how the centre has been managed for the past 10 years.  The benefit to Council of a change in ownership is that it removes some depreciation from our asset schedule.  The potential benefit to Nambucca Radio Inc. is that it will control the premises, have fewer reporting obligations and possibly receive more grant income as an independent entity not tied to Council.  The opportunity should be taken to seek an operational land classification to facilitate this transfer.

 

Lot 339 Loftus Street, Nambucca Heads

Similar to the land in Swimming Creek Road, this land has no apparent use by the community, nor any prospect of it in the foreseeable future.  There is a small park in close proximity in Sussex Street.  Besides the provision of some land for drainage there is no apparent public interest in the retention of the land and Council should seek an operational land classification.

 

Lot 340 Short Street, Nambucca Heads

This land is at the rear of Lot 339 Loftus Street and faces Short Street.  The reasons for an operational classification are as per those provided for Lot 339 Loftus Street.

 

Lot 7024 Swimming Creek Road, Nambucca Heads

For reasons unknown the houses at 11 and 11A Bemago Street/Swimming Creek Road do not have legal access to Bemago Street as indicated on the attached plan.  The land needs to be operational only to make provision for the negotiation of a legal access to both houses.  Once this is completed the land should revert to a community land classification.

 

Lot 7012 Back Street, Woolworths car park (originally war memorial)

This land should be part of the road reservation but Crown lands may/may not have a lease in place with Woolworths.  Either way it is not land which should have a community land classification.

 

Lot 3 Back Street, Nambucca Heads (Woolworths car park)

This land is part of the Woolworths car park and presumably there is a long term lease in place for its use.

 

Lot 232 Boultons Crossing Road (Gumma Reserve)

This is a primitive camping ground which Council operates on a commercial/cost recovery basis.  If it chooses, the Council should be able to contract out its operation to the private sector without the consultation requirements which would prevail if it were community land.

 

Lot 178 Swimming Creek Road, Nambucca Heads

This land comprises the entry to the caravan park and contains a car park and buildings.  There is a long term lease in place for its use and accordingly should be operational land.

 

Lot 70 Riverside Drive, Nambucca Heads

This land comprises the surrounds of the Foreshore Caravan Park.  It contains numerous encroachments including caravans and other improvements.  There is presumably a long term lease in place for these encroachments and accordingly it should be operational land.

 

Lot 478 Ocean Street, Nambucca Heads (Nambucca Heads SLSC)

This reserve would seem to relate to the footprint of the former Clubhouse which has been gone for many decades.  The SLSC should have a long term lease in place for its use and accordingly the crown reserve should be operational rather than community land.

 

CONSULTATION:

 

General Manager

Manager Business Development

Department of Industry – Lands & Water

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

There are no significant implications for the environment.

 

Social

 

The social implications are discussed in the summary of the recommended operational land classifications.  In time a number of the Crown reserves will create angst when people come to sell adjoining land and discover the lack of legal access is a liability leading to discounted offers.

 

Economic

 

A number of the Crown reserves recommended for an operational land classification will be extremely valuable.  They could provide a significant financial and economic windfall for the Crown and also the community by providing additional rateable properties and investment by potentially high wealth individuals.

 

Risk

 

There may be some objections to the transfer of some properties identified for operational land classification.  These are likely to be focussed on the adjoining and nearby property owners who might perceive some private benefit in the land remaining vacant crown land.  However balanced against this are public interest considerations.

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

At this stage there are no direct and indirect impacts on current and future budgets.

 

Working funds – justification for urgency and cumulative impact

 

Council will receive financial assistance of $38,000 to assist with implementation of the CLMA.

 

Service level changes and resourcing/staff implications

 

There are no changes to service levels however staff time will be required to complete the plans of management.

 

Attachments:

1

34463/2018 - Lot 7005 Upper Warrell Creek Road

 

2

34465/2018 - Lot 7014 Wallace Street

 

3

34469/2018 - Lot 7015 Wallace Street

 

4

34473/2018 - Lot 202 Factory Road

 

5

34481/2018 - Lot 7301 Park Street

 

6

34501/2018 - Lot 7023 Swimming Creek Road

 

7

34660/2018 - Lot 5 High Street

 

8

34662/2018 - Tewinga Community Centre

 

9

34673/2018 - Lot 339 Loftus Street

 

10

34713/2018 - Lot 340 Short Street

 

11

34754/2018 - Lot 7024 Swimming Creek Road

 

12

34755/2018 - Lot 7012 Back Street (Woolworths car park)

 

13

34756/2018 - Lot 3 Back Street (Woolworths car park)

 

14

34757/2018 - Lot 232 Boultons Crossing (Gumma Reserve)

 

15

34758/2018 - Lot 178 Swimming Creek Road

 

16

34760/2018 - Lot 70 Riverside Drive

 

17

34762/2018 - Lot 478 Nambucca Heads SLSC

 

  


Ordinary Council Meeting - 27 September 2018

Lodgement of Application to Minister for Lands and Forestry for Classification and Categorisation of Crown Reserves

 

PDF Creator


Ordinary Council Meeting - 27 September 2018

Lodgement of Application to Minister for Lands and Forestry for Classification and Categorisation of Crown Reserves

 

PDF Creator


Ordinary Council Meeting - 27 September 2018

Lodgement of Application to Minister for Lands and Forestry for Classification and Categorisation of Crown Reserves

 

PDF Creator


Ordinary Council Meeting - 27 September 2018

Lodgement of Application to Minister for Lands and Forestry for Classification and Categorisation of Crown Reserves

 

PDF Creator


Ordinary Council Meeting - 27 September 2018

Lodgement of Application to Minister for Lands and Forestry for Classification and Categorisation of Crown Reserves

 

PDF Creator


Ordinary Council Meeting - 27 September 2018

Lodgement of Application to Minister for Lands and Forestry for Classification and Categorisation of Crown Reserves

 

PDF Creator


Ordinary Council Meeting - 27 September 2018

Lodgement of Application to Minister for Lands and Forestry for Classification and Categorisation of Crown Reserves

 

PDF Creator


Ordinary Council Meeting - 27 September 2018

Lodgement of Application to Minister for Lands and Forestry for Classification and Categorisation of Crown Reserves

 

PDF Creator


Ordinary Council Meeting - 27 September 2018

Lodgement of Application to Minister for Lands and Forestry for Classification and Categorisation of Crown Reserves

 

PDF Creator


Ordinary Council Meeting - 27 September 2018

Lodgement of Application to Minister for Lands and Forestry for Classification and Categorisation of Crown Reserves

 

PDF Creator


Ordinary Council Meeting - 27 September 2018

Lodgement of Application to Minister for Lands and Forestry for Classification and Categorisation of Crown Reserves

 

PDF Creator


Ordinary Council Meeting - 27 September 2018

Lodgement of Application to Minister for Lands and Forestry for Classification and Categorisation of Crown Reserves

 

PDF Creator


Ordinary Council Meeting - 27 September 2018

Lodgement of Application to Minister for Lands and Forestry for Classification and Categorisation of Crown Reserves

 

PDF Creator


Ordinary Council Meeting - 27 September 2018

Lodgement of Application to Minister for Lands and Forestry for Classification and Categorisation of Crown Reserves

 

PDF Creator


Ordinary Council Meeting - 27 September 2018

Lodgement of Application to Minister for Lands and Forestry for Classification and Categorisation of Crown Reserves

 

PDF Creator


Ordinary Council Meeting - 27 September 2018

Lodgement of Application to Minister for Lands and Forestry for Classification and Categorisation of Crown Reserves

 

PDF Creator


Ordinary Council Meeting - 27 September 2018

Lodgement of Application to Minister for Lands and Forestry for Classification and Categorisation of Crown Reserves

 

PDF Creator 


Ordinary Council Meeting                                                                                           27 September 2018

Assistant General Manager Corporate Services Report

ITEM 10.1    SF1221            270918         Fraud Management and Prevention Strategy and Policy

 

AUTHOR/ENQUIRIES:    Robert Hunt, Assistant General Manager Corporate Services         

 

Summary:

 

Council has a Fraud Management and Prevention Strategy and Policy which have not been updated since 2010. The attached Strategy and Policy are now up to date and can be adopted by Council.

 

 

Recommendation:

 

That the Fraud Management and Prevention Strategy and Policy be adopted.

 

 

OPTIONS:

 

Council amend the Strategy and/or Policy

Council adopt the Strategy and/or Policy

Council not adopt the Strategy and/or Policy

 

 

DISCUSSION:

 

The Strategy and Policy last went to Council in 2010 and have now been updated. They are required to reduce the risk of fraud within Council and are essential mitigation measures in the revised Enterprise Risk Management Plan.

 

 

CONSULTATION:

 

Nil – update of existing strategy and policy

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

Not applicable

 

Social

 

Not applicable

 

Economic

 

Not applicable

 

 

Risk

 

The Strategy and Policy are designed to reduce Council’s exposure to Fraud.

 

 


 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

Nil as Strategy and Policy only

 

Working funds – justification for urgency and cumulative impact

 

Nil as Strategy and Policy only

 

Service level changes and resourcing/staff implications

 

Nil as Strategy and Policy only

 

Attachments:

1

30751/2018 - DRAFT Updated Fraud and Corruption Prevention Strategy - August 2018

 

2

30540/2018 - DRAFT Policy - Fraud and Corruption Prevent Policy

 

  


Ordinary Council Meeting - 27 September 2018

Fraud Management and Prevention Strategy and Policy

 

 

Description: nambucca valley nsc

 

 

 

 

NAMBUCCA SHIRE COUNCIL

 

FRAUD AND CORRUPTION PREVENTION STRATEGY

 

 

 

 

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.’

 

 

 

 

 

Department:

Corporate Services

Last Reviewed

Resolution Number

Author:

Robert Hunt

September 2018

 

Document No.

30540/2018

 

 

First Adopted:

18 February 2010

 

 

Resolution No:

1888/10

 

 

Review Due:

September 2020

 

 

 

 

 

 


 

Table of Contents

 

 

 

Section 1:  Introduction.. 2

Section 2:  Responsibility Structure.. 7

Section 3:  Corruption Risk Assessment. 9

Section 4:  Council Officials’ Awareness. 12

Section 5:  Customer and Community Awareness. 14

Section 6:  Notification Systems. 15

Section 7:  Detection Systems. 16

Section 8:  External Notification System... 17

Section 9:  Investigation System... 19

Section 10:  Conduct and Disciplinary System... 21

 

 


Section 1:  Introduction

 

Nambucca Shire Council is committed to high ethical standards. The Fraud and Corruption Prevention Strategy is aimed at helping the Council to maintain these high standards.

 

The Fraud and Corruption Prevention Strategy details the Council's commitment to fraud and corruption prevention.  The strategy supports our Council's Vision and Mission:

         

Vision

 

“Nambucca Valley ~ Living at its Best”

 

Mission

 

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

 

The Strategy draws together the initiatives designed to deal with the prevention, detection and investigation of any possible fraud or corruption in, and against, the Council.

 

The Corruption Prevention Strategy provides the Council's strategic approach to fraud and corruption prevention, detection and investigation.

 

It will be the responsibility of each Senior Staff member to provide relevant procedural information and training to their managers and employees in order that the objectives of the Corruption Prevention Strategy are achieved.

 

 

Aim

 

The aims of the Strategy are as follows:

 

§   To reduce the likelihood of employees, Councillors and members of the public acting in a fraudulent or corrupt manner towards the Council.

 

§   To reduce opportunities in the Council for fraud and corrupt activity.

 

§   To improve the possibility of detecting those employees, Councillors or members of the public who do act in a fraudulent or corrupt manner.

 

§   To ensure appropriate action is taken with employees, Councillors or members of the public found to have acted in a fraudulent or corrupt manner.

 

§   To clearly define the responsibility levels of employees, Councillors and managers for prevention, detection and investigation of fraud and corruption.

 

§   To ensure employees, Councillors and managers have the necessary tools and understanding to meet these responsibilities.

 

 

Fraud and Corruption Prevention Strategy

 

The strategy examines the following areas:

 

Section 1 explains the Council's strategy in controlling fraud and corruption.

 

Section 2 deals with the responsibility structure. It contains the responsibilities for the implementation and co-ordination of all aspects of the Corruption Prevention Strategy across all aspects of the Council's operations.

 

Section 3 deals with fraud and corruption risk assessment and contains the program designed to identify specific areas of fraud and corruption risk and the development of countermeasures and action plans to reduce unacceptable risks.

 

Section 4 deals with Council officials’ awareness and outlines the plan of action to raise awareness and modify attitudes across the Council concerning fraud and corruption.

 

Section 5 deals with customer and community awareness.

 

Section 6 deals with the notification systems. It contains details of the procedures and systems implemented for the internal reporting and recording of suspected fraud and corruption situations, management of investigation information and distribution of information.

 

Section 7 deals with detection systems.

 

Section 8 deals with the external notification systems. It contains the guidelines for reporting suspected fraud and corruption to external authorities, especially the Independent Commission Against Corruption, Ombudsman and the Police Service.

 

Section 9 contains details of the investigation system.

 

Section 10 deals with the conduct and disciplinary systems. It contains the Code of Conduct and Disciplinary Standards of expected behaviour established by the Council.

 

 

Definitions of Fraud and Corruption

 

Fraud is defined in the Australian Standard Fraud and Corruption Control AS8001-2008 as:

 

“dishonest activity causing actual or potential financial loss to any person or entity including theft of moneys or other property by employees or persons external to the entity and whether or not deception is used at the time, immediately before or immediately following the activity. This also includes the deliberate falsification, concealment, destruction or use of falsified documentation used or intended for use for normal business purposes or the improper use of information or position”.

 

Corruption is defined in the Independent Commission Against Corruption Act 1988 (ICAC Act) in sections 7, 8 and 9.

 

Section 7 essentially refers the reader to sections 8 and 9.

 

Section 8 essentially refers to corrupt conduct including dishonest and partial conduct by a public official, breach of public trust, or misuse of information or material that he or she has acquired in the course of his or her official functions. The conduct of any person that could adversely affect the official conduct of a public officer and involves a long list of crimes is specifically included as corrupt conduct.

 

Section 9 attempts to limit the extent of the meaning of corrupt conduct by stating that for conduct to be corrupt it must involve:

 

§ a crime;

 

§ a disciplinary offence; or

 

§ grounds for firing.

 

 


The following extracts from the ICAC Act are relevant:

 

Section 7     Corrupt conduct

 

1          For the purposes of this Act, corrupt conduct is any conduct which falls within the description of corrupt conduct in either or both of subsections (1) and (2) of section 8, but which is not excluded by section 9.

 

2          Conduct comprising a conspiracy or attempt to commit or engage in conduct that would be corrupt conduct under section 8 (1) or (2) shall itself be regarded as corrupt conduct under section 8 (1) or (2).

 

3          Conduct comprising such a conspiracy or attempt is not excluded by section 9 if, had the conspiracy or attempt been brought to fruition in further conduct, the further conduct could constitute or involve an offence or grounds referred to in that section.

 

Section 8     General nature of corrupt conduct

 

1          Corrupt conduct is:

(a)    any conduct of any person (whether or not a public official) that adversely affects, or that could adversely affect, either directly or indirectly, the honest or impartial exercise of official functions by any public official, any group or body of public officials or any public authority, or

(b)    any conduct of a public official that constitutes or involves the dishonest or partial exercise of any of his or her official functions, or

(c)    any conduct of a public official or former public official that constitutes or involves a breach of public trust, or

(d)    any conduct of a public official or former public official that involves the misuse of information or material that he or she has acquired in the course of his or her official functions, whether or not for his or her benefit or for the benefit of any other person.

 

2          Corrupt conduct is also any conduct of any person (whether or not a public official) that adversely affects, or that could adversely affect, either directly or indirectly, the exercise of official functions by any public official, any group or body of public officials or any public authority and which could involve any of the following matters:

(a)    official misconduct (including breach of trust, fraud in office, nonfeasance, misfeasance, malfeasance, oppression, extortion or imposition),

(b)    bribery,

(c)    blackmail,

(d)    obtaining or offering secret commissions,

(e)    fraud,

(f)     theft,

(g)    perverting the course of justice,

(h)    embezzlement,

(i)     election bribery,

(j)     election funding offences,

(k)    election fraud,

(l)     treating,

(m)   tax evasion,

(n)    revenue evasion,

(o)    currency violations,

(p)    illegal drug dealings,

(q)    illegal gambling,

(r)     obtaining financial benefit by vice engaged in by others,

(s)    bankruptcy and company violations,

(t)     harbouring criminals,

(u)    forgery,

(v)     treason or other offences against the Sovereign,

(w)     homicide or violence,

(x)     matters of the same or a similar nature to any listed above,

(y)     any conspiracy or attempt in relation to any of the above.

3          Conduct may amount to corrupt conduct under this section even though it occurred before the commencement of this subsection, and it does not matter that some or all of the effects or other ingredients necessary to establish such corrupt conduct occurred before that commencement and that any person or persons involved are no longer public officials.

4          Conduct committed by or in relation to a person who was not or is not a public official may amount to corrupt conduct under this section with respect to the exercise of his or her official functions after becoming a public official.

5          Conduct may amount to corrupt conduct under this section even though it occurred outside the State or outside Australia, and matters listed in subsection (2) refer to:

(a)     matters arising in the State or matters arising under the law of the State, or

(b)     matters arising outside the State or outside Australia or matters arising under the law of the Commonwealth or under any other law.

6          the specific mention of a kind of conduct in a provision of this section shall not be regarded as limiting the scope of any other provision of this section.

 

Section 9     Limitation on nature of corrupt conduct

1          Despite section 8, conduct does not amount to corrupt conduct unless it could constitute or involve:

(a)      a criminal offence, or

(b)      a disciplinary offence, or

(c)      reasonable grounds for dismissing, dispensing with the services of or otherwise terminating the services of a public official, or

(d)      in the case of conduct of a Minister of the Crown or a member of a House of Parliament - a substantial breach of an applicable code of conduct.

2          It does not matter that proceedings or action for such an offence can no longer be brought or continued, or that action for such dismissal, dispensing or other termination can no longer be taken.

3          For the purposes of this section:

applicable code of conduct means, in relation to:

(a)      a Minister of the Crown—a ministerial code of conduct prescribed or adopted for the purposes of this section by the regulations, or

(b)      a member of the Legislative Council or of the Legislative Assembly (including a Minister of the Crown)—a code of conduct adopted for the purposes of this section by resolution of the House concerned.

criminal offence means a criminal offence under the law of the State or under any other law relevant to the conduct in question.

disciplinary offence includes any misconduct, irregularity, neglect of duty, breach of discipline or other matter that constitutes or may constitute grounds for disciplinary action under any law.

6          A reference to a disciplinary offence in this section and sections 74A and 74B includes a reference to a substantial breach of an applicable requirement of a code of conduct required to be complied with under section 440 (5) of the Local Government Act 1993, but does not include a reference to any other breach of such a requirement.

 

Public Official

The term public official is defined in section 3 of the ICAC Act.

public official means an individual having public official functions or acting in a public official capacity, and includes any of the following:

(a)        the Governor (whether or not acting with the advice of the Executive Council),

(b)      a person appointed to an office by the Governor,

(c)        a Minister of the Crown, a member of the Executive Council or a Parliamentary Secretary,

(d)      a member of the Legislative Council or of the Legislative Assembly,

(e)        a person employed by the President of the Legislative Council or the Speaker of the Legislative Assembly or both,

(ei)     A person employed under the Members of Parliament Staff Act 2013,

(f)         a judge, a magistrate or the holder of any other judicial office (whether exercising judicial, ministerial or other functions),

(g)        A person employed in a Public Service Agency or any other Government Sector Agency within the meaning of the Government Sector Employment Act 2013,

(h)      an individual who constitutes or is a member of a public authority,

(i)       a person in the service of the Crown or of a public authority,

(j)         an individual entitled to be reimbursed expenses, from a fund of which an account mentioned in paragraph (d) of the definition of public authority is kept, of attending meetings or carrying out the business of any body constituted by an Act,

(k)      a member of the NSW Police Force,

(k1)       an accredited certifier within the meaning of the Environmental Planning and Assessment Act 1979.

(l)         the holder of an office declared by the regulations to be an office within this definition,

(m)       an employee of or any person otherwise engaged by or acting for or on behalf of, or in the place of, or as deputy or delegate of, a public authority or any person or body described in any of the foregoing paragraphs.

 


Section 2:  Responsibility Structure

 

Employees and Councillors

 

Employees and Councillors have the following responsibilities:

 

§   report all instances of suspected fraud or corrupt conduct in accordance with the reporting policy

 

§   report any attempts at fraud or corruption. This includes any corrupt inducements offered or hinted at.

 

§   not to take detrimental action against any individuals reporting fraud, corruption, maladministration or serious and substantial waste. They must protect colleagues from detrimental action if they are aware of colleagues who have made any reports.

 

§   operate systems of internal control to prevent and detect fraud or corruption in accordance with instructions and established procedures

 

§   provide cooperation and assistance to investigators or officials  investigating suspected or reported fraud or corruption

 

Managers and Supervisors

 

Managers and supervisors have the following responsibilities, in addition to the responsibilities that they have as employees:

 

§   take appropriate measures to ensure that their employees understand the standards of expected behaviour as outlined in the Code of Conduct and relevant policies and procedures

 

§   ensure that all reports made to them of suspected fraud or corruption, maladministration and serious and substantial wastage are referred to the General Manager who carries out the role of Corruption Prevention Coordinator, without delay. If a report is received orally, it should be clearly documented, signed and dated.

 

§   maintain the confidentiality of people making reports and the subject matter of reports, insofar as practical and in conformity with the instructions of the investigator

 

§   ensure that employees who have reported in accordance with the reporting procedure are not disadvantaged or suffer detrimental action

 

§   identify and assess the risks of fraud and corruption in their area of responsibility

 

§   ensure that reasonable internal controls have been implemented to address these risks, and monitor the continued operation of controls to prevent and detect fraud and corruption in their area

 

§   provide leadership in the area of ethics and the minimisation of fraud and corruption

 

§   undertake regular reviews and checks to detect irregularities

 

§   use basic data mining tools to detect possible fraud and corruption

 

§   ensure that all employees and Councillors have been made aware of the fraud control policy document and its contents, and that the policy is readily available for them

 

§   ensure that contractors and consultants employed by the Council are bound contractually to comply with appropriate ethical standards, including reporting any suspected or alleged fraud or corruption

 

§
ensure a disciplinary interview is conducted and appropriate action taken where evidence indicates that employees have been involved in fraud or corrupt conduct.  This action is to be taken in accordance with the Council's disciplinary standards.  The person who conducted the investigation is not to conduct the disciplinary interview.

 

§ take disciplinary action, if considered necessary, promptly following completion of the investigation report in accordance with the disciplinary standards.

 

 

Corruption Prevention Coordinator (If not the General Manager)

 

The responsibilities of the Corruption Prevention Coordinator are to:

 

§   maintain the Council's corruption prevention strategy

 

§   coordinate the elements which form the corruption prevention strategy

 

§   set priorities for the development and implementation of corporate wide corruption  prevention initiatives

 

§   provide an on-going review and promotion of the corruption prevention strategy

 

§   provide an alternative internal reporting channel and act as a clearing house for all reports

 

§   make an initial assessment of each report, and ensure appropriate follow up action is taken

 

§   ensure feedback is provided to the person who made the initial report

 

§   ensure that the person against whom the complaint is made is advised at the completion of the investigation of the outcome of any investigation, irrespective of the outcome

 

§   receive all allegations of  corruption, maladministration and serious and substantial wastage and copies of all investigation reports

 

§   record all allegations and file all investigation reports

 

§   update Investigation register/database on results of all investigations into allegations of corruption, maladministration and waste

 

§   provide the General Manager with sufficient information to enable reporting of suspected corrupt conduct to the Independent Commission Against Corruption (ICAC)

 

 

General Manager

 

§   ensure that the plan and activities adequately address the corruption risks and related systems of internal control

 

§   ensure that regular reviews and checks are undertaken to detect irregularities

 

§   receive summary information about investigations undertaken into suspected fraud and corruption

 

 

 


Section 3:  Corruption Risk Assessment

 

Council is committed to:

 

§ undertaking regular assessments of the fraud and corruption risks

 

§ quantifying the level, nature and form of the fraud and corruption risks to be managed

 

§ taking actions to mitigate issues identified in the fraud and corruption risk assessment

 

Corruption can occur whenever a person supplies or has access to resources or information or has responsibility for decision making.  Since this describes almost any activity, all activities should be designed with an awareness of the corruption risks, which arise in the activity and the management controls that can reduce the risk to an acceptable level.

 

Managers are responsible for assessing the risks of fraud and corruption within their areas.  They consider the internal controls in place to mitigate those risks and assess the residual risks. Where the residual risk is high they are responsible for ensuring further measures are undertaken to reduce the risk to an acceptable level.

 

The following procedures should be undertaken by managers in accordance with the Australian Standard on Fraud and Corruption Control, as adapted:

 

1        Identify the risks

 

The objective of this phase is to generate a register of all possible inherent risk of fraud or corruption for subsequent analysis. All inherent risks identified should be documented at this point regardless of whether a preliminary assessment concludes that internal controls currently in force will be fully effective in mitigating the risk.

 

2        Analyse the risks

 

Document key internal controls currently in force, which would tend to have the effect of mitigating the risks of fraud and corruption under consideration. Consider the fraud and corruption risks, taking into account the key controls identified for each risk. For each risk rate it in terms of likelihood and consequence. Work out the overall residual rating for each risk based on your assessments of likelihood and consequence.

 

3          Evaluate the risks

 

Identify the fraud and corruption risks that are unacceptably high.

 

4        Treat the risks

 

For all fraud and corruption risks that are unacceptably high undertake one or more of the following:

 

§ Alter the existing internal control procedures

§ Implement new internal control procedures

§ Implement procedures aimed at detecting possible fraud or corruption

§ Implement fraud prevention strategies

 

It is the responsibility of the Manager of the area to monitor and review their fraud and corruption risk assessment and notify the Corruption Prevention Coordinator of any changes. Assessments of the fraud and corruption risks will be undertaken at least every two to three years.

 

 


Determine Consequence

 

The inherent risk consequence (impact) of risk represents the plausible worst case scenario consequence if the risk event occurred, in an environment of no controls. It is categorised according to following levels of impact on the achievement of Council strategy and objectives:

 

1                      Insignificant

2        Minor

3        Moderate

4        Significant

5        Catastrophic

 

The categories to consider when rating inherent risk consequence are:

 

a)       Financial

b)       Reputation

c)       Operational

 

 

This table below is used to rate the inherent risk consequence for each risk and is a fair representation of the risk appetite of Council:

 

 

Impact Level

5  Catastrophic

4  Significant

3  Moderate

2  Minor

1  Insignificant

Consequence Types

$

§ Direct loss or opportunity cost with > A$10M impact

§ Direct loss or opportunity cost with A$2-10M impact

§ Direct loss or opportunity cost with A$250K-2M impact

§ Direct loss or opportunity cost with A$50K-250K impact

§ Direct loss or opportunity cost with > A$50K impact

Operations

§ Key project failure

§ Information systems or security failure causing permanent loss of critical business information

§ Event resulting in death

§ A major environmental incident

§ Key project delays/under-delivery resulting in material impact on planned project outcomes

§ Information systems failure causing temporary loss of information or significant delays

§ Decreasing population

§ Skilled staff turnover of more than 5 p/a

§  Event resulting in multiple serious injuries

§ Key project delays but no material impact on quality outcome

§  Breach of information security without loss of information

§ Skilled staff turnover between 3 and 5 p/a

§ Event resulting in serious injury

§ An isolated environmental incident

§ Non-key project delays or under-delivery of planned outcomes

§ Evidence of attempted breach of information security

§ Skilled staff turnover  between 2 and 3 p/a

§ Information system unavailable for 1 day or less

Reputation

§ Significant adverse national media coverage

§ Regulatory sanctions

 

§ ICAC investigation

§ Significant state media coverage

§ Adverse national media coverage

 

§ Adverse regional media coverage

§ Potential breach of regulations

§ Community protests/strikes

 

§ Local Government sector knowledge of incident, but no media attention

§ Some impact on community support

§ No reputation damage – internal knowledge only

§ Minimal or no impact on community support

 

 

 

 

 

Determine Current Likelihood

 

The inherent risk likelihood (probability) represents the possibility that a given event will occur, in an environment without controls.

 

This table below is used to rate the inherent risk likelihood for each risk:

 

 

Likelihood Level

5  Almost Certain

4  Likely

3  Possible

2  Unlikely

1  Almost Impossible / Rare

Description

§ The occurrence of the event(s) necessary for the risk to materialise is almost certain in the foreseeable future

 

 

 

 

§ The expected frequency of the event(s) is more than once every year

§ The occurrence of the event(s) necessary for the risk to materialise is likely, but not almost certain in the foreseeable future

 

 

 

§ The expected frequency of the event(s) is once every 1-3 years

 

§ The occurrence of the event(s) necessary for the risk to materialise is possible, but not likely in the foreseeable future

 

 

 

 

§ The expected frequency of the event(s) is once every 3-5 years

§ The occurrence of the event(s) necessary for the risk to materialise is unlikely, but not almost impossible in the foreseeable future

 

 

 

§ The expected frequency of the event(s) is once every 5-10 years

§ The occurrence of the event(s) necessary for the risk to materialise is almost impossible in the foreseeable future

 

§ The expected frequency of the event(s) is less than once every 10 years

 

 

Determine Risk Rating

 

The potential consequence and likelihood of each risk identified is combined to determine the Inherent Risk Rating. Inherent Risk Ratings are critical, as they are the basis for identifying the most critical risks that need to be treated by management.

 

The table below, which is consistent with the Australia Standard AS/NZS ISO 31000:2018, is used to determine the Inherent Risk rating for each risk. The information from the risk assessment process is fed into the Council risk & control registers which form the basis for a risk map for Council.

 

 


Section 4:  Council Officials’ Awareness

Council is committed to:

 

§   undertaking measures to help ensure that all employees, Councillors and delegates understand the ethical behaviours expected of them in the workplace

 

§   undertaking measures to help ensure that contractors and suppliers understand that Council will not tolerate corruption, including fraudulent dealings

 

§   providing training programs in ethical behaviours across our organisation

 

§   providing guidance material that deals with real-life situations, conflicts and fraud risks that employees face in their work areas

 

§   encouraging contractors and suppliers to provide information if they suspect corruption is occurring

 

 

Council Officials

 

All Council officials are to be made aware that fraud and corruption is unacceptable and must understand the levels of ethical conduct expected of them as contained in the Council’s Code of Conduct.

 

Those who have a responsibility for resources, decision making or information need to be aware of the behaviours that could result in fraud or corruption, either actual or perceived.

 

The Code of Conduct and the Fraud and Corruption Prevention Policy are to be made available to all Council officials.

 

 

Third Parties

 

Third parties who may be seen by the public as representing the Council are to be made aware of the standards of conduct and ethics expected of them.

 

Third parties dealing with the Council, such as contractors, consultants and suppliers are to be made aware of the ethical standards expected of them in their dealings with the Council and our employees and Councillors. This information is conveyed to the third parties via the Council’s Statement of Business Ethics.

 

Breaches of the Statement of Business Ethics by third parties can result in penalties being imposed and possible cancellation of the contract.

 

The third parties are also to be made aware that they are required to report any suspected or alleged fraud or corruption involving the Council to the Corruption Prevention Coordinator.

 

 

Education Plan

 

1            Council Officials

 

Nambucca Shire Council undertakes training for all staff and Councillors in the Council’s Code of Conduct and the Internal Reporting Policy.

 

The objectives as covered by the Code of Conduct and Ethics training are as follows:

 

§ Define fraud and corrupt conduct

§ Understand the code of conduct and ethics

§ Understand employee responsibilities

§ Be able to identify conflicts of interest (both pecuniary and non pecuniary)

§ Hospitality, gifts and benefits

§ Understanding reporting mechanisms within the Council

§ Identify related Council Policies

 

2            Contractors and Suppliers

 

All Contractors and major suppliers should be provided with a copy of the Council’s Statement of Business Ethics.

 

 

 

 


Section 5:  Customer and Community Awareness

 

The objectives of customer and community awareness are to ensure that:

 

§   the community (ratepayers) has confidence in the integrity of Council

 

§   customers understand that Council will not tolerate corruption, including fraudulent dealings

 

§   the community and customers are encouraged to provide information if they suspect corruption is occurring, and there are easy channels for them to do so

 

Council promotes community awareness that fraud and corrupt activities against the organisation are unacceptable.

 

Council undertakes the provision of services to ratepayers with integrity and high ethical standards.

 

Council encourages the community and customers to report any fraud or corruption against the organisation that they suspect. Relevant managers and employees are to ensure that it is easy for members of the public and customers to report any suspected fraud or corruption. Once a report is made to a Councillor or employee then he or she is to report this in accordance with the policy for reporting corruption, maladministration and serious and substantial waste.

 

 

 

 

 

 

 

 


Section 6:  Notification Systems

 

Ignoring fraud or corruption is tantamount to endorsing it. Ignoring fraud or corruption and turning “a blind eye” can lead to it becoming acceptable behaviour that can taint whole sections of the organisation.  Reporting fraud and corruption is an obligation imposed by honesty.

 

Councillors and employees are required to report any suspected fraud or corruption.  The requirement is contained in:

 

1        The Council’s Fraud and Corruption Prevention Policy

 

2        The Council’s Code of Conduct

 

3          The Council’s Internal Reporting Policy.

 

 

The Fraud and Corruption Prevention Policy, Code of Conduct and the Internal Reporting Policy are communicated to employees and Councillors in accordance with the education program as detailed in Section 4 of the FCPS Council Officials’ Awareness.

 

People who make genuine reports in accordance with the reporting policy are protected from detrimental action against them.

 

The Public Interest Disclosures Act 1994 offers additional legislative protection to an employee that makes a protected disclosure concerning corrupt conduct.

 

 


Section 7:  Detection Systems

 

The following detection systems are applicable:

 

§   early warning systems to alert relevant personnel to possible fraud problems

§   undertaking regular reviews and checks to detect irregularities as a routine part of regular line management

§   routinely using basic data mining tools, for line management

 

The Australian Standard on Fraud and Corruption Control notes that all entities should adopt a policy aimed at detecting fraud and corruption as soon as possible after it has occurred in the event that the entity’s preventative systems fail.

 

The Standard notes that fraud and corruption prevention may be achieved through:

 

§   vigilance on the part of line management, who must be aware of their responsibility to identify early and report any fraud or corruption or suspected fraudulent or corrupt activity;

§   strategic use of the internal audit function;

§   the development of specific detection strategies for action by line management; and

§   periodic management reviews instigated by the entity’s management team.

 

1          Investigation Results

 

The Corruption Prevention Coordinator (CPC) maintains a record of any investigation conducted as a result of suspected instances of fraud and corrupt being reported.

 

2          General Manager

 

The General Manager has access to:

 

§ Council’s Enterprise Risk Management Plan and Risk Register

§ Management Investigation Reports

 

The General Manager takes relevant fraud and corruption information into account in reviewing the Fraud and Corruption Prevention Strategy.


Section 8:  External Notification System

 

ICAC

 

Under section 11 of the Independent Commission Against Corruption Act 1988, the principal officer of a public authority has a duty to report to the Commission any matter that the officer suspects on reasonable grounds concerns or may concern corruption.

 

The principal officer is defined as the person who is the head of the authority, its most senior officer or the person normally entitled to preside at its meetings.  The Council’s principal officer is the General Manager.

 

The Corruption Prevention Coordinator reports to the General Manager any suspected corruption.

 

When another person acts as the General Manager during periods of leave or other absence, the duty applies to that person who is acting.

 

The reference to suspects on reasonable grounds, according to ICAC means that there is a real possibility that corrupt conduct may be involved.  Proof is not necessary.

 

ICAC encourage organisations to contact the Commission to discuss particular matters if they are unsure about whether or not to report, and to seek clarification about other issues related to reporting.

 

Section 11 applies despite any duty of secrecy or other restriction on disclosure.

 

The requirement to report suspected corruption to ICAC does not affect the obligations to report or refer matters to other bodies, such as the Police, the Ombudsman, or to carry out disciplinary procedures as required.

 

The Independent Commission Against Corruption (ICAC) has stated that reporting criminal matters to the Commission should not delay the matter being reported to the Police.

 

ICAC have advised that the following items should be included in reports:

 

§   details of the allegations

 

§   the name and position of any public official/s alleged to be involved

 

§   the name and role of any other people relevant to the matter

 

§   when the alleged conduct occurred

 

§   whether the alleged conduct appears to be a one-off event or part of a wider pattern or scheme

 

§   when the allegation was made or you became aware of the alleged conduct

 

§   what your organisation has done about the suspected conduct, including notification to any other agency

 

§   what further action is proposed

 

§   an indication of the estimated amount of money (if any) involved

 

§   any other indicators of seriousness

 

§   any other relevant information

 


The Commission may use the matters reported to ICAC in the following ways:

 

§ all information is assessed in terms of the contribution it may make to the work of the Commission;

 

§ a small number of reports are selected for full investigation by ICAC;

 

§ reports may form the basis of corruption prevention advice and project work;

 

§ reports may be referred to more appropriate investigative authorities.

 

The Corruption Prevention Coordinator will provide the General Manager with information to enable him/her to report the matters to the ICAC.

 

 

Police

 

Where the General Manager reasonably believes that a Council official has committed a criminal offence, the matter should be referred to the police.

 

If it is suspected that a crime has been committed the police should be informed.

 

According to section 316 of the Crimes Act 1900, concealing a serious offence is a criminal offence:

 

If a person has committed a serious indictable offence and another person who knows or believes that the offence has been committed and that he or she has information which might be of material assistance in securing the apprehension of the offender or the prosecution or conviction of the offender for it fails without reasonable excuse to bring that information to the attention of a member of the Police Force or other appropriate authority, that other person is liable to imprisonment for 2 years.

 

Where it is suspected on reasonable grounds that a crime has been committed, this should be reported in accordance with the reporting policy for corruption, maladministration and serious and substantial waste.

 

The Corruption Prevention Coordinator is responsible for making decisions about reporting matters to the police service.

 

 

Department of Family and Community Services

 

Where there is a reasonable suspicion that a child has experienced or is at risk of abuse, the Department of Family and Community Services should be notified.

 

The Corruption Prevention Coordinator is responsible for making decisions about reporting matters to the Department of Community Services.

 

 

Children and Young Persons (Care and Protection) Act 1998

 

Section 27 of the Children and Young Persons (Care and Protection) Act 1998 imposes duties to notify the Secretary in relation to a person who has reasonable grounds to suspect that a child is at risk of significant harm and those grounds arise during course of or from the person’s work. These include actions taken to investigate matters that have been the subject of allegations involving:

 

The Corruption Prevention Coordinator is responsible for making decisions about reporting matters to the Secretary.

 

Annual Report

 

The Annual Report provides information to the community about instances of fraud and corruption reported to external bodies.

 

The Corruption Prevention Coordinator is responsible for providing information to be included in the Annual Report.


Section 9:  Investigation System

 

All suspected or alleged frauds will be investigated.

 

The Australian Standard on Fraud and Corruption Control notes that the overall guiding principles of any investigation into alleged improper conduct are independence and objectivity.

 

Adequate records must be made and kept of investigations.

 

Alleged criminal activity may also be investigated by the relevant law enforcement authorities.

 

1        Investigation Procedures

 

The Council has adopted the investigation procedures contained in the Investigation Toolkit.

 

The procedures in the Investigation Toolkit cover:

 

§ Receiving allegations or reports

§ Recording allegations or reports

§ Assessing allegations or reports

§ Initial reporting

§ Planning the investigation

§ Collecting and dealing with documents and exhibits

§ Collecting and dealing with electronic evidence

§ Conducting the interviews and interrogations

§ Assessing the findings

§ Reporting

§ Preparing a police brief.

 

The Investigation Toolkit contains standard forms and the Toolkit is designed to ensure all investigations are undertaken fairly and consistently in accordance with the rules of natural justice.

 

2        Investigation Training

 

All investigations will be undertaken by either external consultants or employees who have the necessary training in investigation procedures.

 

3        Procedures for Record Keeping and Information Protection

 

It is essential that allegations of corrupt conduct maladministration and serious and substantial wastage, evidence collected during investigations and the results of investigations are properly:

 

§ collected

§ recorded

§ stored; and

§ secured

 

during all phases of the investigations.

 

The following measures should be adhered to.  The Corruption Prevention Co-ordinator will provide a copy of these measures to anyone conducting an investigation into allegations of corruption, maladministration and waste on behalf of the Council.

 

1          Investigation files and reports should be kept securely locked when not is use.  They should not be left unattended on desks even for short periods.

 

2          Access to files and reports should only be given to people for official purposes and on a needs basis.

 

3          People to whom access is given must observe the same security procedures. This should be explained to them.

 

4          The name of the person suspected of the conduct should not be mentioned on the cover of any files.

 

5          The name of the person who reported the suspected conduct should not be mentioned on the cover of any file.

 

6          No information from the investigation report is to be attached to any employee's personnel file.

 

7          The Corruption Prevention Coordinator is responsible for all investigation files dealing with suspected corruption, maladministration and wastage.

 

8          All completed investigation files are to be returned to, and retained by, the Corruption Prevention Coordinator.

 

9          The Corruption Prevention Coordinator is responsible for maintaining an Investigation Register which details:

§ Category of allegation

§ Section

 

10         The Corruption Prevention Coordinator will be responsible for the destruction of investigation files in accordance with agreed destruction standards.

 

4          Management Control Structure to Monitor Investigations

 

It is essential that all allegations received and indexed onto the Corruption Investigation Register, maintained by the Corruption Prevention Coordinator.

 

The Corruption Prevention Co-ordinator will be responsible for the completion of this schedule. Each case will stay on the schedule and be reported until all action is finalised.

 

Once all action for a case is finalised, including all managerial action, it will be reported as finalised.

 

All investigation action, including any managerial disciplinary action, if applicable, is expected to be completed within three months of the allegation being received.

 

All preventative action, if any, required by management as recommended and agreed with the investigator is to be implemented within three months of the investigation being completed.

 

The Corruption Prevention Co-ordinator is responsible for analysing and undertaking trend analysis of information contained on the register/database eg by location, by investigation type.

 

Date: 

MANAGEMENT INVESTIGATION REPORT

 

Case No

Date Received

Internal/ External

Location

Type

Investigation Complete

Investigation Result

Management Action Complete

Date finalised

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


Section 10:  Conduct and Disciplinary System

 

The following contribute to a sound conduct and disciplinary system:

 

§   employees, Councillors and delegates understand that fraud is a crime and will not be tolerated

 

§   employees, Councillors and delegates understand that those committing fraud will be prosecuted

 

§   employees, Councillors and delegates are clear about rules and requirements, and the values and behaviours expected of them

 

§   the policies and actions of the Council establish a clear and consistent approach to dealing with instances of fraud

 

Fraud against the Council or corruption by its employees, Councillors and delegates are unacceptable and offender(s) will face disciplinary action. Where crimes have been committed the matters will be reported to the police. Council will implement civil action to recover any losses incurred by fraud.

 

 

1        Code of Conduct and Policies

 

The Council has issued a Code of Conduct, which establishes levels of expected behaviour. The Code is revised on a regular basis to ensure that it remains relevant and comprehensive. It meets the standards of the Model Code of Conduct issued by the Office of Local Government.

 

Other policies dealing with ethical and fraud control matters are issued as considered appropriate.

 

A copy of the Code and any future revisions will be given to every employee, Councillor and delegates. The Code will be included in the annual report. Posters are used to highlight key issues from the Code. Other methods are used from time to time to ensure that Council officials understand the expected standards of behaviour as regards ethics and fraud control.

 

Council’s Statement of Business Ethics has been developed to detail our high ethical standards to our suppliers, consultants and contractors. 

 

It will be written into the contracts of suppliers, consultants and contractors that they and their employees adhere to the standards. Failure to adhere to these standards can result in the cancellation of their contracts.

 

 

2        Disciplinary Standards

 

The Council has disciplinary standards that are detailed in the Council’s:

 

§ Code of Conduct; and

§ Disciplinary Procedures as per the Local Government State Award.

 

In all cases of fraud and corruption, consideration will be given to restitution and criminal charges.  The General Manager is responsible for making the decision about these matters.

 

The General Manager decides what disciplinary action is appropriate for employees involved in fraud and corruption.

 

The Council and/or the Chief Executive of Local Government decide what disciplinary action is appropriate for Councillors involved in fraud and corruption.

 

 


Ordinary Council Meeting - 27 September 2018

Fraud Management and Prevention Strategy and Policy

 

 

 

Description: nambucca valley nsc

 

 

NAMBUCCA SHIRE COUNCIL

DRAFT Fraud and Corruption Prevention 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

 

Council is committed to high ethical standards. We have a responsibility to protect taxpayer funded resources and assets from fraud and corruption and to ensure that our decisions and actions are free of any corruption.

 

This policy provides guidance as to Council’s actions and expectations in relation to fraud and corruption and the responsibilities of Council officials for dealing with the risks of fraud and corruption.

 

 

2.0       Related legislation

 

·         Independent Commission Against Corruption Act 1988

·         Environmental Planning and Assessment Act 1979

·         Public Interest Disclosures Act 1994

·         Crimes Act 1900

 

 

3.0       Definitions

 

3.1       Fraud is defined in the Australian Standard Fraud and Corruption Control AS 8001-2008 as:

 

dishonest activity causing actual or potential financial loss to any person or entity including theft of moneys or other property by employees or persons external to the entity and whether or not deception is used at the time, immediately before or immediately following the activity. This also includes the deliberate falsification, concealment, destruction or use of falsified documentation used or intended for use for normal business purposes or the improper use of information or position.

 

3.2     Corrupt Conduct is:

 

§  conduct of a person (whether or not a public official) that adversely affects, or could affect the honest and impartial exercise of public official functions, or

§  conduct of a public official that involves the dishonest or partial exercise of any of his or her public official functions, or

§  a breach of public trust, or

§  the misuse of information or material acquired in the course of a public official’s functions.

 

Additionally corrupt conduct can also be conduct of any person (whether or not a public official) that adversely affects or could affect the exercise of official functions and involves conduct such as bribery, blackmail, fraud, forgery and various other crimes.

 

3.3       For conduct to be corrupt it must be covered by one of the conditions above and also any one of the following:

 

§  a criminal offence; or

§  a disciplinary offence; or

§  reasonable grounds for dismissal or dispensing or terminating the services of a public official.

 

 

4.0       Policy Statement

 

4.1       Responsibilities

 

            All Council officials have general responsibilities in relation to reporting fraud and corruption as well as cooperating and providing assistance.

 

Managers, supervisors and the Corruption Prevention Coordinator have additional responsibilities.

 

4.2     Risk Assessment Reviews

 

As managers at all levels within Council are primarily responsible for fraud and corruption prevention and detection, they should conduct fraud and corruption risk assessments in their area of responsibility. Appropriate measures must be implemented to reduce the risks to a minimum level. Risk assessments must be undertaken at least every two years to three years.

 

4.3     Council Official Awareness

 

Employees, Councillors and Council delegates must understand that fraud and corruption are unacceptable in or against the Council. Fraud and corruption control is the responsibility of every person. All supervisors need to be aware of the behaviours that could result in corruption, either real or perceived.

 

4.4     Customer and Community Awareness

 

Awareness should be promoted among the community, customers, contractors, suppliers and other third parties that fraud and corruption against the Council is unacceptable.

 

Relevant managers and employees are to ensure that it is easy for third parties to report any suspected fraud or corruption. Once a report is made to an employee or Councillor then he or she is to report this in accordance with the policy for reporting corruption, maladministration and serious and substantial waste.

 


4.5     Reporting Suspected Fraud or Corruption

 

Ignoring fraud or corruption is tantamount to endorsing it. Ignoring fraud or corruption and turning “a blind eye” can lead to it becoming acceptable behaviour that can taint whole sections of the Council.  Reporting fraud and corruption is an obligation imposed by honesty.

 

Councillors and employees are required to report any suspected fraud or corruption. The requirement is contained in the Code of Conduct and the Council’s Internal Reporting Policy. Managers are to ensure that employees and Councillors have easy access to the reporting policy.

 

4.6     Detection Systems

 

Managers are responsible for establishing appropriate fraud and corruption detection systems in their areas.

 

4.7     External Notification

 

Crimes committed against the Council will be reported to the police and any corruption will be reported to the Independent Commission Against Corruption.  Other external authorities will be notified of fraudulent or corrupt conduct as appropriate.

 

4.8     Investigations

 

All suspected or alleged fraud or corruption will be investigated. All employees and Councillors are to cooperate fully in such investigations. Investigations are undertaken in accordance with the principles of natural justice.

 

4.9     Conduct and Discipline

 

All Councillors and employees are to carefully read, understand and observe the Code of Conduct. Fraud and corruption are unacceptable and offenders will face disciplinary action. In addition criminal prosecution will be undertaken and civil and administrative action to recover any losses to the Council will be instituted, as appropriate.

 

4.10   Links

 

§  Internal Reporting policy

§  Code of Conduct

§  Fraud and Corruption Prevention Strategy

§  Disciplinary Procedures

§  ICAC Act 1988

 

 


5.0       History

 

The Fraud and Corruption Prevention Policy was contained within the Fraud and Corruption Prevention Strategy (Trim: 29007/2009) which was adopted by Council 18 February 2010 (Resolution Number 1888/10).

 

The Policy has been removed from the updated Strategy (Trim:  30751/2018) and is a standalone Policy.

 

 

Department:

Corporate Services

Last Reviewed

Resolution Number

Author:

Robert Hunt

September 2018

 

Document No.

30540/2018

 

 

First Adopted:

18 February 2010

 

 

Resolution No:

1888/10

 

 

Review Due:

September 2020

 

 

 


Ordinary Council Meeting                                                                                           27 September 2018

Assistant General Manager Corporate Services Report

ITEM 10.2    SF690              270918         Rate Peg for 2019/20

 

AUTHOR/ENQUIRIES:    Robert Hunt, Assistant General Manager Corporate Services         

 

Summary:

 

IPART has released the rate peg limit for 2019/20 which is set at 2.7%. This will generate an additional $290,000 in rate revenue if applied in full.

 

 

Recommendation:

 

That the Report be received and noted.

 

 

OPTIONS:

 

Report is for information only.

 

DISCUSSION:

 

IPART has advised that it has set the 2019/20 rate peg limit at 2.7% for all NSW councils. This sets the maximum increase in Council’s rates revenue.

 

IPART has set the rate peg early to allow councils more time to prepare annual budgets and to consult with their communities earlier should it pursue a Special Rate Variation.

 

Council has discretion whether to increase rates up to the maximum and how to allocate any increase between different ratepayer categories. Individual rates can also be impacted by new land valuations.

 

Should Council wish to pursue a Special Rate Variation for 2019/20 it must notify IPART before 30 November 2018.

 

CONSULTATION:

 

GM comment – it is proposed that Council’s long term financial sustainability be the subject of a detailed review following the completion of the Pacific highway handover.  At that time the Council will bring to account a significant increase in its depreciation as well as funding via a “one-off” cash contribution and an on-going increase in its regional roads block grant.

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

Nil

 

Social

 

Nil

 

Economic

Nil

 

Risk

Nil

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

The additional rate revenue if the full rate peg is applied is estimated to be $290,000

This figure will be absorbed by increases in costs for labour, materials and plant.

 

Working funds – justification for urgency and cumulative impact

Nil

 

Service level changes and resourcing/staff implications

Nil

 

Attachments:

1

33536/2018 - IPART Advice on Rate Peg

 

  


Ordinary Council Meeting - 27 September 2018

Rate Peg for 2019/20

 

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Ordinary Council Meeting                                                                                           27 September 2018

Assistant General Manager Corporate Services Report

ITEM 10.3    SF1031            270918         Legislative Compliance Policy

 

AUTHOR/ENQUIRIES:    Robert Hunt, Assistant General Manager Corporate Services         

 

Summary:

 

As part of the Internal Audit, Risk and Improvement Committee’s request for an overall Governance Framework, Council requires a Legislative Compliance Policy and Register. The Policy is attached for Council’s consideration while the Compliance Register will be maintained by Local Government Legal which will advise relevant staff of any changes to legislation via e-mail. The cost of this service is $3,000 per annum.

 

 

Recommendation:

 

That Council adopt the attached Legislative Compliance Policy.

 

 

OPTIONS:

 

Council adopt the Policy

Council amend the Policy

Council not adopt the Policy

 

 

DISCUSSION:

 

Council is affected by hundreds of different Acts and Regulations and keeping track of any changes to this legislation is a huge task for staff. Council could be subject to great risk if any important changes in legislation are overlooked. For this reason Council will be engaging Local Government Legal (associated with the former Hunter Councils) on an ongoing basis to advise relevant Council staff of changes to legislation applicable to their position.

 

There will be some initial effort by ICT staff to set up the legislative compliance register however once set up Local Government Legal will send any changes to legislation via e-mail to staff for their information and subsequent action if any. Ongoing maintenance of the register by ICT staff only involves setting up new or replacement staff e-mails.

 

 

CONSULTATION:

 

ICT Staff

General Manager

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

Not applicable

 

Social

 

Not Applicable

 

Economic

 

Not Applicable

 

Risk

 

The Compliance Register and policy will significantly reduce Council’s risk in overlooking changes in legislation that could damage Council’s finances and reputation.

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

Future ICT budgets will need to include $3,000 for this service.

 

Working funds – justification for urgency and cumulative impact

 

Not applicable

 

Service level changes and resourcing/staff implications

 

There will be a reduction in staff resources allocated to researching changes in legislation resulting in productivity savings.

 

Attachments:

1

34011/2018 - Draft Legislative Compliance Policy Sept 18

 

  


Ordinary Council Meeting - 27 September 2018

Legislative Compliance Policy

 

 

 

Description: nambucca valley nsc

 

 

NAMBUCCA SHIRE COUNCIL

DRAFT LEGISLATIVE COMPLIANCE - 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     Policy objective

 

The objective of this policy is to provide a framework for legislative compliance across all aspects of the Council’s operations in order to achieve the highest standards of good governance.

 

2     Related legislation

 

Refer to the Legislative Compliance Register database maintained by Local Government Legal

 

 

3     Policy statement

 

3.1 General Principles

 

Council is committed to the following principles based on the Australian Standard AS 3806-2006 Compliance Programs: -

·    Council, as the organisation’s governing body, and the Council’s senior staff are committed to achieving compliance in all areas of its operations

 

·    Council will maintain a Legislative Compliance Policy that outlines its commitment to compliance with applicable Acts, Regulations, codes and Council standards

 

·    Council is committed to providing sufficient resources to ensure that its Compliance Program can be implemented, maintained and continuously improved

 

·    Council officials will ensure that they understand, promote and be responsible for compliance with relevant laws, regulations, codes and Council standards and policies that apply to activities within their day-today responsibilities

 

·    Competency and training needs are to be identified and addressed to assist staff members to fulfil their compliance obligations

 

·    Corporate Services will maintain a Compliance Register

 

·    Established risk management practices will be used to accurately identify, rate and manage compliance risks

 

·    Management and staff will ensure that compliance requirements are integrated into day-to-day operating procedures as appropriate

 

·    Compliance failures will be investigated, rectified and reported to the General Manager

 

·    The importance of legislative compliance will be actively promoted to contractors and thirds parties having dealings with the Council

 

·    Council will monitor its legislative compliance through its Internal Audit Plan

 

·    The legislative complianc