Agenda of General Purpose Committee

General Purpose Committee

17 December 2008

Director Environment & Planning's Report

ITEM 9.2 SF1232 171208 Report on Review of Nambucca Shire Council - On-Site Sewage Management Plan

AUTHOR/ENQUIRIES: Neil Pengilly, Senior Health and Building Surveyor

Summary:

On-site sewage management systems, historically known as septic systems, are utilised to treat and/or dispose of wastewater from both domestic and non-domestic premises in non-sewered areas.

The current Nambucca Shire Council - On-site Sewage Management Plan was prepared in June 1999 and provides a strategy for the regulation of systems within the Shire. Since that time significant changes in legislative requirements and technological advances have occurred.

The draft On-site Sewage Management Plan 2009 has been prepared to address these changes.

The draft plan applies a risk assessment process to determine the likely environmental and public health impacts of a system. The type of system installed and its proximity to environmentally sensitive areas are prime considerations in determining the risk classification.

Under the draft plan, systems with a high risk classification have more stringent operational and monitoring requirements imposed compared to systems in a lower risk class. Additionally systems that have a proven satisfactory performance record are rewarded with a reduced risk classification where as unsatisfactory systems may have there classification increased.

Recommendation:

1 That the draft Nambucca Shire Council On-site Sewage Management Plan 2009 be advertised for community consultation from 29 January 2009 to 27 February 2009.

2 That following the exhibition period, a further report be presented to Council for adoption of the Management Plan.

OPTIONS:

Council has the following options:

1 To advertise the draft on-site sewage management plan for public consultation;

2 Require modification of the draft plan prior to community consultation; or

3 Resolve not to proceed with the draft plan.

DISCUSSION:

The Local Government Act, 1993 is the over-riding legislation that governs on-site sewage management systems.

The Act and its subordinate legislation places requirements on the installation, operation and management of all on-site systems.

When legislation pertaining to on-site sewage management systems was introduced it was reported that up 70% of existing systems within New South Wales were failing to achieve satisfactory health and/or environmental outcomes.

The impact of inadequate disposal of effluent was highlighted in 1997 when the commercial aquaculture operations of Wallace Lake were terminated due to contaminated effluent entering the aquatic system. The closure resulted in significant costs in both environmental and economic terms.

On a local and more recent event, the closure of oyster operations in the Bellinger and Kalang Rivers within Bellingen Shire has demonstrated the need to be vigilant in identifying and mitigating potential contamination sources.

In areas remote from the estuarine system, the satisfactory performance of an on-site system is still required to ensure minimal impact on the environment. Poorly planned or poorly maintained systems may increase the potential for pollution of groundwater or increase the risk of human exposure to pathogens.

The Draft On-site Sewage Management Plan has been prepared with the following prominent matters being considered:

1 Update/change reference documents;

2 Provide risk assessment matrix to determine classification;

3 Extend/reduce licence periods for on-site systems according to performance;

4 Require additional treatment for systems in high risk locations; and

5 Concession for aerated wastewater treatment systems.

1 Update/Change Reference Documents

· The Local Government (Approvals) Regulation, 1993 has been replaced by the Local Government (General) Regulation, 2005.

· AS 1547 – 1994 Disposal Systems for Effluent from Domestic Premises has been superseded by AS 1547 – 2000 On-site Domestic Wastewater Management. It should be noted that the Environment & Health Protection Guidelines – On-site Sewage Management for Single Households, which was released in 1998 and is a reference document under Council’s draft plan, identifies the 1994 standard.

· The following documents are now referenced within the draft plan:

a Protection of the Environment Operations Act, 1997;

b AS/NZS 1546.1:1998 – On-site Domestic Wastewater Treatment Units- Septic Tanks;

c AS/NZS 1546.2:2001 – Waterless Composting Toilets;

d AS/NZS 1546.3 – Aerated Wastewater Treatment Systems;

e NSW Department of Health – Certificates of Accreditation for Septic Tanks and Collection Wells; and

f NSW Department of Health – Greywater Reuse in Sewered Single Domestic Premises

2 Provide Risk Assessment Matrix to Determine Classification

The licensing period for an on-site system is determined according to its risk classification. Licensing periods may be 1, 3, 5, or in some circumstances 10 years with the system being inspected by Council at the expiry of each license period.

In order to determine the risk classification, a matrix has been prepared (Table 12.2 of the draft plan). The matrix allocates points for varying aspects of the proposed system such as location, type of treatment system, surrounding environmental factors, etc.

The points are “weighted” so that critical aspects are scored according to there potential impact.

The higher the score, the more potential for significant adverse impact should the on-site system fail.

Accordingly a high score may result in a 1 year licence and annual inspection requirement being imposed compared to a low score and say a 5 year licence period.

3 Extend/Reduce Licence Periods for On-site Systems According to Performance

The draft plan proposes to introduce provisions where the risk classification (and hence the inspection frequency) may be reduced or increased depending upon the performance of the system.

If an operating system fails a Council inspection, a direction will be given to improve maintenance, operation or upgrade the system as required. If a system fails two (2) consecutive inspections the risk category will increase one class and further action may be necessary. If a particular system is increased in risk classification, the subsequent licence period is reduced and more frequent inspections will result to ensure that the system poses no adverse impacts to the environment. For example a system with a 3 year licence period that fails two consecutive inspections will have its licence period reduced to 1 year.

Conversely, where two (2) consecutive Council inspections confirm the system is operating satisfactorily, the system will be reduced one (1) risk class from its initial classification. For example a system with a 3 year licence period may be extended to 5 years upon its renewal.

By applying this provision, property owners who have an on-site system that is installed and operated in a satisfactory manner are rewarded through reduced Council inspections and the associated fees.

It should be noted that the provision for extending the licence period does not apply to primary treatment systems (eg conventional septic tanks with no secondary or tertiary treatment) located in an environmentally sensitive area or within 100m of a permanent water source. This acknowledges the high risk of environmental impact should a system of this description fail.

4 Require Additional Treatment for Systems in High Risk Locations

As mentioned above, in the event of a failure or poor performance, systems within an environmentally sensitive area or within 100m of a watercourse pose a significant risk to the environment. To address this matter, the draft plan proposes that all new systems within these areas are required to be either secondary or tertiary treatment (aerated wastewater treatment system, sand filters, reed beds, etc.).

The additional treatment provides a “better” quality of effluent by the reduction of pathogens and/or nutrients resulting in a lower potential adverse impact.

The installation of any system within these areas will only be considered were there is no alternative location available.

Where an existing system requires repairs or replacement, the proposed works are to comply with the new requirements. Council will consider alternative proposals on a case by case basis where compliance is physically not possible.

5 Concession for Aerated Wastewater Treatment Systems

Aerated wastewater treatment systems are accredited by the NSW Department of Health. As part of their accreditation, the systems are required to be serviced by authorised contractors on a quarterly basis.

The matter has been raised by members of the public in relation to the “doubling” of inspections. One by an authorised contractor and then one by Council.

In order to address this matter, the draft plan provides a concession for owners of an aerated wastewater treatment system that are subject to a “fixed service agreement” with an authorised contractor. The concession waives the requirement for Council inspection where the system is being inspected by an authorised contractor and quarterly service reports are submitted to Council.

Council will only inspect the system when the service agreement expires.

For example if the system is classified a high risk, a 1 year licence period and annual inspection by Council would generally be applicable. However if a 3 year “fixed service agreement” is in place Council will only inspect that system at the expiration of the service agreement. Council would not undertake an annual inspection.

CONSULTATION:

The Draft On-site Sewage Management Plan has been reviewed within Council’s Department of Environment and Planning.

It is recommended that the document be made available for public exhibition and comment.

SUSTAINABILITY ASSESSMENT:

Environment

The draft On-site Sewage Management Plan provides a strategy to ensure that the on-site disposal of domestic effluent occurs in a sustainable manner and with minimal adverse impact upon the environment.

Social

There are no social implications from this plan.

Economic

The cost of installing, upgrading or replacing failed onsite systems places a financial burden on the property owner.

Risk

Exposure to litigation may occur where it was proven that Council had failed to meet its statutory commitments. The implementation of this plan will assist in reducing any such exposure.

FINANCIAL IMPLICATIONS:

Direct and indirect impact on current and future budgets

The impact of the plan on current and future budgets is generally neutral. A minor reduction in income may occur where the frequency of inspections undertaken by Council are reduced. This reduction in income will be off set by a reduction in expenditure via payment to Council’s contractor undertaking the inspections.

Source of fund and any variance to working funds

Funding is derived from fees associated with the lodgement of applications and inspections undertaken by Council.

Attachments:

1View

31004/2008 - On-Site Sewage Management Plan 2009

General Purpose Committee - 17 December 2008

Report on Review of Nambucca Shire Council - On-Site Sewage Management Plan

Attachment 1

31004/2008 - On-Site Sewage Management Plan 2009

1 EXECUTIVE SUMMARY

This On-Site Sewage Management Plan (strategy) was prepared in accordance with the requirements of the Local Government (General) Regulation, 2005.

The Local Government Act 1993 requires all on-site sewage management systems to be licensed by Council.

On-site sewage management systems (which include septics, aerated wastewater treatment systems, composting toilets, greywater systems, etc) are required in all non-sewered areas.

These systems treat wastewater from a premise before being disposed of to an on-site land application area. Land application areas may include absorption/evaporation beds, subsurface irrigation or drip irrigation.

The Plan provides information to applicants and the community about On-Site Sewage Management Systems and what must be included in an application to install, modify or operate such a system.

On-site systems that are not performing satisfactorily may lead to significant environmental and public health issues. As such the long term viability and satisfactory performance of the system is fundamental in minimising any potential adverse impacts.

2 LOCAL CONTEXT

Nambucca Shire Council is a rural Shire located on the Mid North Coast of New South Wales. It comprises a mix of towns, villages, rural residential and rural areas.

The Shire is bounded on the north by Bellingen Shire and on the south and west by Kempsey Shire. It is roughly triangular in shape, being 1,433km² with a coastline of approximately 20km. The Shire geographically represents the catchment units for the Nambucca River and its tributaries.

The Shire can be divided topographically into two (2) broad areas. The western part comprises the rugged topography of the eastern edges of the New England Plateau, dominated by steep hill slopes and valleys with a significant area having slopes in excess of 33%. The eastern part of the Shire is characterized by the gentle slopes of the Nambucca River and Taylors Arm flood plains and adjacent undulating lands.

From the elevation of 0.0 metres at the mouth of the Nambucca River to approximately 900 metres in the western part of the Shire.

Much of the Shire comprises steep land (60%), with the remaining areas undulating (20%) or flat (20%). The most productive rural land is on the alluvial flats of the Nambucca River with some grazing on undulating slopes. Agricultural production comprises 19% of the total Nambucca area. Tourism and aquaculture make up a significant portion of the economy of the area. The principle type of aquaculture within the shire is oyster farming with leases along the Nambucca River.

As at 19 November 2008 there were 2897 On-Site Sewage Management Systems registered with the Nambucca Shire Council.

3 SCOPE

The Australian/New Zealand Standard 1547 - On-Site Domestic Wastewater Management (1994 & 2000) and the State Government document entitled Environment & Health Protection Guidelines - On Site Sewage Management for Single Households (which is currently under review) provide a framework for implementation of ecologically and socially sustainable On-Site Sewage Management practices. It is intended that this should be achieved, as far as possible, by a process of community and user education and by implementation of appropriate operating requirements in a manner that is sensitive to the local circumstances. Strategic management of existing septic systems and attention to address sewage management issues in new release areas is an important task for Council. Sewage management strategies need to be linked with related strategies for urban sewer services, and a greater emphasis placed on storm water and pollution control.

Regulations gazetted on 6 March 1998 require owners of relevant premises to apply to Council for approval to operate and amend a system of sewage management. The Council is required to grant an operating approval (eg, a sewer management license). The granting of any such approval allows the Council to monitor performance on a regular basis and to levy an inspection fee (frequency will depend on area sensitivity) to cover reasonable costs.

4 AIMS

This management plan is intended to:

¨ Provide a framework to manage and regulate the impact of On-Site Sewage Management Systems in the Nambucca Shire Local Government area and to ensure community accountability.

¨ Assist Nambucca Shire Council in prioritising resources for efficient regulation and monitoring of On-Site Sewage Management Systems within the shire area.

¨ Co-ordinate environmental assessment, data collection and monitoring which is related to On-Site Sewage Management.

¨ Allow for site assessment on risk management basis and consideration of alternate solutions on environmentally sensitive sites.

¨ Provide opportunity for education of system users through ongoing auditing programs.

5 OBJECTIVES

This plan has been designed to achieve the following objectives:

¨ The protection of surface water and ground water.

¨ The protection of land and vegetation.

¨ Minimise the health risk associated with On-Site Sewage Management facilities.

¨ To encourage the re-use of resources eg the reuse of grey water after treatment through a council approved system.

¨ To promote ecologically sustainable development.

6 GOALS

¨ To continue building and maintaining a database of all On-Site Sewage Management Systems.

¨ To map and maintain details of soil and site conditions and suitability for On-Site Sewage Management Systems. The mapping overlay being placed on Council’s GIS and use of this information in conjunction with site specific soil reports should provide beneficial data for all new systems being installed.

¨ To ensure that all land application areas comply with environment and health protection standards and Council operating requirements.

¨ To adopt a partnership approach with household and service agents to support continual improvement of On-Site Sewage Management systems.

¨ To determine the structures and facilities needed to support On-Site Sewage Management Systems.

¨ To ensure that all On-Site Sewage Management Systems are inspected by qualified people at regular intervals and are maintained as required.

¨ In co-operation with householders, to develop a site specific Sewage Management Plan for each household using an On-Site Sewage Management System.

¨ To review Council development standards and approval criteria for subdivision, development and building works to ensure that appropriate provision is made for sustainable On-Site Sewage Management when residential development occurs in non-sewered areas.

¨ To consult aerated wastewater treatment systems agents to ensure that maintenance reports certify that the system operation and land application of effluent is being done in compliance with the site requirements.

¨ To promote the use of suitably qualified service contractors that is acceptable to council. Such contractors may be recognised on a regional basis.

7 REVIEW PROCESS

The review process was undertaken for the following reasons:

¨ To determine the structures and facilities needed to support On-Site Sewage Management Systems.

¨ Update references to guidelines, standards and legislation requirements.

¨ Asses the management plan against the eight (8) years of implementation to asses’ community concerns and any improvement that can be made to this plan.

¨ Continue with requirements of council’s management plan.

¨ Provide improved assessment standards.

With the inspection and assessment process now in its eighth (8) year, the following issues are being addressed as part of the review process:

¨ Upgrading of existing systems that are not performing satisfactorily.

¨ The phasing out of “long drop” toilets (pit toilets).

¨ Upgrade of greywater systems on larger rural properties.

¨ Upgrade access to tanks to ensure good maintenance and operation of the entire on-site system.

¨ Undertake ongoing education of operators and owners of on-site sewage management systems.

¨ Identify properties that have unregistered systems.

¨ Follow up on systems installed with unauthorised land uses.

8 ADMINISTRATION

8.1 APPROVAL

Under Section 68 of the Local Government Act 1993, Council approval is required for the installation, construction or alteration of a human waste treatment device or storage facility and drains connected to it.

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Council approval is also required for the ongoing operation of an On-Site Sewage Management System. Failure to obtain an approval or to comply with the conditions of an approval are offences liable to a maximum penalty of twenty penalty units (currently $2200).

Clause 26 of the Local Government (General) Regulation 2005 sets out the details that are to accompany an application with Clause 29 specifying the matters Council must take into consideration when assessing an application to install or alter an on-site sewage management system.

Council has responsibility under the provisions of the Local Government Act to maintain a register of On-Site Sewage Management Systems within their local government area.

Local Government therefore has responsibility to ensure that each approved system is maintained and serviced correctly. Furthermore, Local Government has a legislative responsibility to ensure that approved systems are installed and operated according to approved specifications and any special conditions.

NOTE: A helpful fact sheet and checklist containing specific details that must accompany an application is available from the council either on-line or from the Council’s Administrative Centre

8.2 NON COMPLIANCE

The failure to operate or maintain a system in accordance with a Council approval or the requirements of NSW Health may lead to operating licenses being suspended/withdrawn, Orders issued or penalty notices being served.

8.3 LEGISLATION SCHEDULE

The following Acts and Regulations contain provisions that are applicable to on-site sewage management systems:

¨ Local Government Act 1993

¨ Local Government (General) Regulation 2005

¨ Protection of the Environment Operations Act 1997

The commencement date of the On-Site Sewage Management Legislation was the 6 March 1998 (date of the gazettal). The legislation provides that:

¨ Land owners with On-Site Sewage Management facilities installed prior to the 6 April 1998 must apply to the Council to register their system and for approval to operate a System of Sewage Management.

¨ New performance standards for approvals to install, construct or alter an On-Site Sewage Management facility apply from the 6 March 1998.

¨ Land owners who install new On-Site systems after the 6 April 1998, must obtain Council approval to operate a system of sewage management prior to the intended date of occupation of the premises.

¨ Council’s were required to adopt an approved fee for applications for approval to operate any new system installed from 6 April 1998 by resolution and public notice under Section 612 of the Local Government Act 1993. This fee is included in Council’s Annual Management Plan.

8.4 AUSTRALIAN STANDARDS AND GUIDELINES

The relevant Standards and Guidelines are as follows:

¨ AS/NZS 1546.1:1998 - On-site Domestic Wastewater Treatment Units – Septic Tanks

¨ AS/NZS 1546.2:2001 – Waterless Composting Toilets

¨ AS/NZS 1546.3:2001 - Aerated Wastewater Treatment Systems

¨ AS/NZS 1547:2000 – On-site Domestic Wastewater Management

¨ AS/NZS 3500:2003 – Plumbing and Drainage

¨ NSW Department of Health - Certificates of Accreditation for Septic Tanks and Collection Wells

¨ NSW Department of Health – Greywater Reuse in Sewered Single Domestic Premises

¨ Environmental Health Protection Guidelines – On-site Sewage Management for Single Households

¨ Nambucca Shire Council On-site Sewage Management Plan

8.5 PERFORMANCE STANDARDS

Council must not approve an application which would not comply with performance standards prescribed by the Regulation and must take into consideration, relevant guidelines and directions that have been issued by the Director General of Local Government.

In 1998 the Local Government Act 1993 was amended to include new regulations for On-site Sewage Management (OSSM) Systems.

The current regulations specify that On-Site Sewage Management Systems should be designed, installed and operated to ensure the following environmental and health performance objectives will continue to be met over the long term:

¨ Prevention of health risk.

¨ Protection of land.

¨ Protection of surface waters.

¨ Protection of ground waters.

¨
Conservation and re-use of resources.

¨ Protection of community amenity.

Clause 9 of the Local Government (General) Regulation 2005, requires that a system of sewage management must be operated in a manner that achieves the following specific performance standards:

¨ To prevent the spread of disease by micro-organisms.

¨ To prevent the spread of foul odours.

¨ To prevent the contamination of water.

¨ To prevent the degradation of soil and vegetation.

¨ To discourage insects and vermin.

¨ To ensure that persons do not come in contact with untreated sewage or effluent in their ordinary activities on premises.

¨ To provide for the re-use of resources (including nutrients, organic matter and water).

¨ To minimise adverse impacts on the amenity of the land on which it is installed or constructed and other land in the vicinity of that land.

9 SEWAGE TREATMENT AND DISPOSAL

9.1 TREATMENT

Wastewater requires varying levels of treatment, depending on the method of disposal and the sensitivity of the site. Treatment is generally classified as primary, secondary or tertiary.

Primary treatment is the separation of suspended material from wastewater by settlement and/or floatation in septic tanks, primary settling chambers, etc prior to discharge to either a secondary treatment process or to a land application system.

Secondary treatment is generally an aerobic biological process involving the settling or filtering of effluent from a primary treatment system and provides an improved “quality” effluent.

Tertiary treatment is the disinfection of effluent to destroy or remove pathogenic micro-organisms.

The following table indicates the level of wastewater treatment required for the relevant land application system:

Table 9.1: Treatment Levels for Land Application Systems

TREATMENT	DEVICE TYPE	LAND APPLICATION SYSTEM
Primary	· Septic Tank · Greywater Tank · Waterless Composting Toilet · Wet Composting Toilet · Combustion Toilet	· Soil Absorption system · Burial (compost)
Secondary	· AWTS · Greywater Treatment · Septic Tank and Recirculating Sand Filter · Reed Beds	· Subsurface irrigation
Tertiary (disinfection)	· AWTS · Greywater Treatment · Septic Tank and Recirculating Sand Filter	· Subsurface irrigation
Greywater Tertiary	· Greywater Treatment Device	· Subsurface irrigation · Toilet Flushing · Washing Machine Use

Source: Environment and Health Protection Guidelines (Modified)

Septic Tanks have been the most common method of On-site wastewater treatment in un-sewered areas of the Shire. A conventional septic tank built in traditional style comprises of tank, inlet and outlet fittings, possibly a partition, inspection and access holes and covers. Septic tanks can be single or multiple chambered tank through which wastewater is allowed to flow slowly to permit suspended matter to settle and be retained, so that organic matter contained therein can be decomposed (digested) by anaerobic bacterial action in the liquid. The term covers tanks used to treat all-waste, greywater or blackwater.

Over the past fifteen (15) years the use of composting closets and aerated wastewater treatment systems have increased as accepted alternatives to traditional septic tanks. Composting toilets may be either a “wet’ or “dry” system. The waste material is deposited via a chute into a chamber where it is decomposed into humus by composting micro-organisms.

Aerated wastewater treatment systems are accredited by NSW Department of Health and are essentially a compact treatment plant that processes all domestic wastewater from premises. They contain a primary settling chamber, an aeration chamber, a clarification chamber for the further settling of suspended solids and a chlorination chamber for disinfection. It is a requirement of NSW Health that the systems are inspected and serviced on a quarterly basis.

Various secondary treatment systems and alternate solutions such as sand/membrane filters or

reed beds are available and being promoted within the Shire. Reed beds consist of impermeable ponds which are filled with a media such as rock, gravel or coarse sand. The media supports the root system of the vegetation. As the wastewater flows through the media the root system removes some of the nutrients and uptakes moisture via transpiration.

With sand/membrane filtration, effluent that has undergone a primary treatment is collected in a sump or holding well and is pumped intermittently for distribution through a bed of coarse sand. A diversion valve is placed in the return line to the sump, and the effluent is directed to a land application system.

Greywater is wastewater from all fixtures excluding the kitchen, toilet or urinal. With clean water becoming a scarce resource, the reuse of greywater is an increasingly important consideration. Greywater “diversion devices” may be used for subsurface disposal within the garden in conjunction with an approved on-site sewage management system. Where reuse within the home for washing machine or the flushing of toilets is proposed a greywater “treatment system” accredited by NSW Health is required to be installed. NSW Health has various publications available that outline the requirements for diversion and/or reuse.

9.2 DISPOSAL

Effluent that has been treated may be discharged to a land application area. Application areas vary in their design and method of disposal to suit a range of factors including, type of treatment system, climatic conditions, site constraints, etc.

Common disposal systems within the Nambucca Shire are:

· Absorption Trenches and Beds

Absorption trenches and beds are designed to dispose of treated effluent by percolation into local soils. As absorption is the primary method of disposal this style is ideally suited to soils with a mid range percolation rate. Soils that are too dense will not permit the migration of the effluent leading to flooding of the trench. Conversely soils that drain too freely (sand, gravel, etc.) may not provided adequate filtration of the effluent and risk contamination of groundwater supplies. Absorption trenches and beds are the most widely used on-site disposal systems throughout the Shire.

· Evapotranspiration Area

Evaporation/transpiration areas place effluent into the root zone of plants allowing transpiration and evaporation while sub-soil soakage is maintained. They generally have a large surface to depth ratio in order to maximise effluent infiltration of the vegetation root zone. Climatic conditions are a critical consideration in the design of these systems as wet weather may have a significant adverse affect on the efficiency of the evapotranspiration area.

· Subsurface Irrigation

Subsurface irrigation is generally employed with a pressurised system utilised in conjunction with an AWTS or other secondary treatment system. The effluent is typically disposed of in shallow trenches over a large area which can incorporate gardens or the like. The pressurised system permits the disposal area to be located at a higher elevation than the treatment chamber and therefore provides more opportunities to maximise reuse.

Note: Conventional treatment methods of wastewater cannot remove all bacteria or viral organisms. Exposure or contact may result in adverse health effects and as such the surface disposal of effluent via spray irrigation or other method is not permitted within Nambucca Shire.

9.3 DESIGN

Historically, the design and selection of on-site sewage management systems only received cursory consideration which was reflective of the technical standards and requirements of the time. With the release of Australian Standard 1547-1994 (subsequently superseded in 2000) and the State Governments Environment and Health Protection Guidelines for On-Site Sewage Management (1998) the standards of design altered to reflect the need for specific site, soil and climatic assessment.

It is also relevant to mention that prior to the Approvals provisions of the Local Government Act, 1993 the NSW Health Department had responsibility for the approval of all sewage management installations in un-sewered areas.

The primary reference documents for the design and installation of on-site sewage management systems within Nambucca Shire are:

1 AS/NZS 1547-2000 – On-site Domestic Wastewater Management,

2 Environment and Health Protection Guidelines – On-site Sewage Management for Single Households, and

3 Nambucca Shire Council On-site Sewage Management Plan.

Special note should be made that only under extreme circumstances will an on-site sewage management system be permitted within 100 metres of a permanent waterway or environmentally sensitive area. With such a proposal, the system must include a secondary or tertiary treatment component and be sited to maximise any available buffer.

New Systems

The installation and operation of any new on-site sewage management system requires the prior approval of Council.

An Application to Install an On-site Sewage Management System shall include a written report detailing the type of system proposed and a specific site and soil assessment for the subject property.

Council will assess the application for compliance with AS/NZS 1547-2000 On-site Domestic Wastewater Management with consideration of the requirements from Environment and Health Protection Guidelines – On-site Sewage Management for Single Households.

The application shall include:

1 On-site Sewage Manage Report

· The report is to be prepared by a suitably qualified and experienced consultant,

· The report shall provide a detailed site and soil assessment which addresses climate, topography, geology and vegetation aspects,

· A recommendation for the most appropriate form of on-site sewage management system,

· A recommendation for the proposed configuration and location of the system along with supporting calculations.

2 Site Plan

· Drawn to a scale of 1:200 or larger,

· Showing the location of the on-site system and disposal area with distances from all buildings and property boundaries,

· Showing a “reserve” disposal area equivalent in size for duplication of the disposal area,

· Indicating the position of all fittings and drainage lines,

· Indicating the distance to any environmentally sensitive area eg rivers, creeks, farm dams, bores, dry gullies, etc.

3 Manufacturers Specifications and Accreditation Certificates

· Full specifications of the proposed on-site sewage management system,

· Certificate of Accreditation from the NSW Department of Health.

Existing Systems

Existing systems that are failing and require modifications are to be upgraded to comply with the requirements for new systems where possible. A system is considered to have “failed” when it does not satisfactorily address the performance standards identified within this plan.

Where compliance with the new requirements is not possible, Council will consider alternative proposals on a case by case basis. The protection of the environment and public health are dominant considerations in such a circumstance.

A preliminary assessment of the site constraints and soil condition are to be accompanied by the modified design along with supporting calculations. The preliminary assessment may be undertaken by persons with appropriate knowledge and experience (eg a licensed plumber).

9.4 FLOOD PRONE LANDS

New Installations:

The design and installation of new on-site sewage management systems should ensure all components of the system are located above the 1:100 year flood level. Where this cannot be achieved the treatment system components are to be located above the 1:100 year flood level with the disposal area to be above the 1:20 year flood level for the relevant site.

Electrical components, vents and inspection openings of wastewater treatment devices should be sited above the 1:100 year flood level.

Amendments/modifications to existing systems:

Where existing systems are installed below the 1 in 100 year flood level for a site, options to ensure the following security of the system are to be implemented:

¨ Tanks and collection wells are to be sealed to prevent flood water infiltrating the system,

¨ Overflow Relief Gullies if installed are to be terminated above the 1 in 100 year floor level, provided this level is not above the fixture flood level or floor waste level in the building connected to the system. See AS 3500 for details.

¨ Where flood free land is available on the site consideration be given to pumping liquid effluent to disposal facility above the 1 in 100 years flood level.

For land where no established flood levels are held by Council, documented evidence is to be submitted demonstrating the site is unaffected by flooding (eg historical information, photographs, etc).

10 MANAGEMENT RESPONSE

10.1 RESPONSE

Applications for installation of an on-site sewage management system were not required in rural areas prior to the building regulations being extended to the rural areas from the 1 March 1982. This has resulted in a variety of standards and type of systems for on-site sewage management being installed within the rural areas of the shire during these unregulated years.

It is therefore considered important that any management response to the issue of On-Site Sewage Management systems and the disposal of waste should seek to achieve a balance between:

a Improving Council’s approach to achieving sustainable long term outcomes and;

b Encouraging facility owners to upgrade these older systems to ensure that their systems are operating and being maintained appropriately and also acknowledging the limitation that apply to these older systems.

The situation that exists in un-sewered areas is such that sustainable long term outcomes should be achievable in most cases using On-Site Sewage Management Systems. In order to achieve more sustainable and long term outcomes for on-site wastewater management it is necessary to identify the fundamental principles which apply to wastewater management. For the purposes of this plan the following principles have been adopted:

1 Conservation and Re-Use of Resources

The resources in domestic wastewater (including nutrients, organic matter and water) should be identified and utilised as much as possible within the bounds posed by the other performance objectives and regulatory requirements. Water conservation practices should be encouraged and subsequent wastewater production minimised.

2 Appropriate Treatment And Disposal

The level of wastewater treatment and the methods of disposal required depend not only on the nature and sensitivity of the receiving environment, but also on the potential uses of the treated wastewater and bio-solids.

3 Reliability

All on-site sewage management systems require, to varying degrees, maintenance and servicing to be undertaken. It is inappropriate to install a sewage management system and to expect it to perform adequately without maintenance and performance inspections being carried out. Education of the system user is considered fundamental to the satisfactory performance of an on-site sewage management system.

4 Long Term Impacts

The above principles have been used to identify a range of goals and actions which are considered integral to achieving more sustainable sewage management outcomes in un-sewered areas. These goals and actions have been developed into an action plan.

5 Public Health And Health Impacts On Occupants

Poor maintenance of components of an on-site system can severely impact on health of the surrounding public and that of the tenant or occupier of the premises connected to the system. Both blackwater (toilet waste) and greywater (all other sources) contain high bacterial loads and can be breeding grounds for insects and a vector for disease.

10.2 ACTION PLAN

The objectives and goals have been developed to reflect, in responding to the issue of sewage management in un-sewered areas, a multifaceted approach which requires:

¨ Education/information.

¨ Service provision.

¨ Efficient and effective administration.

¨ Facility provision.

¨ Appropriate regulation and enforcement.

It is suggested that if the on-site sewage management issue is viewed in this context then regulatory and enforcement mechanisms will be minimised and generally accepted.[r2]

The regulatory process has been developed to ensure compliance with both stages of the approval process being Installation and Operation of the system. Aspects of Council’s Action Plan have been included in Council’s Annual Management Plan for quarterly reporting.

10.3 FUNDING

Council is able to raise revenue for On-Site Sewage Management programs and services through:

¨ Ordinary rates for general administration and services.

¨ Special rates levied on particular parcels of land that have access to, benefit from or contribute to the need for particular programs and services.

¨ Charges for On-Site Sewage Management services.

¨ Approved fees for service (including regulatory services to individuals).

¨ Develop a charge under Section 94 of the Environmental Planning and Assessment Act.

In developing a revenue strategy it is considered important to develop an approach which is:

¨ Administratively efficient.

¨ Cost efficient.

¨ Fair, equitable and minimises financial impact.

¨ Guarantees implementation.

Having regard to the above it is proposed that actions which involve environmental assessment, monitoring and reporting and community education be funded through charges levied on premises using sewage management facilities.

Provision has been made within Council’s Management Plan for the development and ongoing monitoring of the On-site Sewage Management Plan. The legislation requires individual site management plans to be developed.

Accordingly provision has been made within the management plan for annual fees and charges to be adopted for the following activities:

¨ Approvals to install and operate an On-Site Sewage Management System fee (one-off payment).

¨ Approval to amend an existing on-site sewage management system.

¨ Renewal fees for issuing an operating approval for existing systems.

¨ Pre purchase inspection of on-site sewage management system.

¨ Registration fee for existing systems installed prior to 1999.

¨ Issue a copy of an operating approval.

¨ Application to change ownership details on operating approval.

Note: Council is the only authority who can issue approvals to operate an on-site sewage management system under Section 68 (6) of the Local Government Act 1993.

11 RISK ASSESSMENT

11.1 SITE LIMITATIONS

Prior to the installation of any new on-site sewage management system, a site assessment report is to be undertaken to identify any site limitations. These site limitations can impinge upon the type of system installed and the location of the system. Where the assessment reveals major limitations associated with particular site features additional investigation or design adjustments will be required. This may involve a concession based on measures such as:

¨ Improved effluent quality through secondary/tertiary treatment.

¨ Increased margin of safety such as an increase in disposal area or an alternate method of disposal.

¨ The supplementary maintenance programs such as increased frequency of inspection.

¨ Landscaping and appropriate tree planting.

¨ Identification of a reserve area on site for replacement of on-site disposal area in case of a major failure.

The following table depicts both major and minor limiting site features.

Table 11.1: Site Limitations

SITE FEATURE	NO LIMITATION	MINOR LIMITATION	MAJOR LIMITATION
Flood potential (new systems)	Total system above 1:100 year flood level	Treatment System above 1:100. Disposal area above 1:20 flood level	Treatment system below 1:100 year flood level [p3]
Flood potential (existing systems)	Total system above 1:100 year flood level	Treatment System above 1:100. Disposal area above 1:20 flood	Treatment system below 1:100 year flood
Signs of erosion	None	Some/Slight	Yes
Slope	0 – 10%	10% - 20%	> 20%
Exposure water run-off	Low	Moderate	High
Site Drainage (Surface dampness)	None	Slight	Yes
Exposure to sun	High(not in shadow)	Moderate (some shadow)	Low (no direct sunlight)
Exposure to wind	Moderate	Moderate	Low
Compliance with nominated buffer distances	Yes		No
Filled earth	No fill	Fill present
Rocks and rock outcrops (% of land surface containing rocks >200mm diameter)	<10%	10-20%	>20%

Source: Environment Health Protection Guidelines (modified)

Each of these site features will be considered on applications to install any on-site disposal system.

11.2 BUFFER DISTANCES

It is necessary, when installing on-site disposal systems, to ensure that sufficient viable land is left for such practices as clothes drying and recreation within the yard as well as a reserve area for future disposal of effluent on each premise. Associated with this are buffer zones around the disposal field to minimise impacts on the surrounding environment and to reduce the potential for human contact with wastewater. The recommended buffer zones under the guidelines for all land application areas are:

¨ 100 metres to a permanent surface water (eg river, streams, lakes etc).

¨ 250 metres to domestic ground water wells, bores and spear pumps.

¨ 40 metres to other waters (eg dams, intermittent waterways and drainage channels, etc).

In addition to the above the following buffer distances apply as appropriate:

Tertiary Treatment Systems:

¨ Six (6) metres down gradient it to swimming pools, property boundaries, driveways and building.

¨ Three (3) metres to paths and walkways and up gradient to driveways and property boundaries.

¨ Three (3) metres from edge of disposal area to boundaries at same contour level as the disposal area.

Note: Surface disposal of effluent within Nambucca Shire is not permitted

Primary and Secondary Treatment Systems:

¨ Twelve (12) metres if area up gradient of property boundary.

¨ Six (6) metres if area down gradient of property boundary.

¨ Six (6) metres if area up gradient of swimming pools, driveways and buildings.

¨ Three (3) metres if area down gradient of swimming pools, driveways and buildings.

¨ Three (3) metres from ends of trenches to boundaries at same contour level as trenches.

Where compliance with the above buffers is not possible, Council will consider alternative proposals on a case by case basis. The protection of the environment and public health are dominant considerations in such a circumstance. Special note should be made that only under extreme circumstances will an on-site sewage management system be permitted within 100 metres of a permanent waterway or environmentally sensitive area. With such a proposal, the system must include a secondary or tertiary treatment component and be sited to maximise any available buffer.

Note: All Reserve areas for effluent disposal are to be indicated on the plan and this area is to be preserved for future disposal of effluent.

12 RISK EVALUATION

12.1 EVALUATION

Risk assessment and evaluation of on-site disposal systems will be undertaken on a site specific basis. The risk assessment for a system failure will be determined according to the proximity of the environmentally sensitive areas and potential for negative impact upon human health. History of failure will also be a contributing factor in determining risk assessment. The risk evaluation will determine the frequency of inspections undertaken by Council and will vary from one (1) to ten (10) years.

Table 12.1: Risk Evaluation Classifications

RISK EVALUATION	INSPECTION FREQUENCY	RISK ASSESSMENT SCORE
Class 1 (High)	Every year	Considered a high risk Has a score higher than 19
Class 2 (Medium)	Every three (3) years	Considered a medium risk Has a score of 15-19
Class 3 (Low)	Every five (5) years	Considered a low risk Has a score of less than 15
Class 4 (Very Low)	Every ten (10) years	Initially Class 3 risk but has had two consecutive satisfactory inspections

The Risk Assessment score is determined by a matrix which provides a weighting to the issues considered in undertaking the evaluation. The matrix is represented in Table 12.2.

[r4]

If a system fails the risk assessment inspection, a direction will be given to improve maintenance, operation or upgrade the system as required. If a system fails two (2) consecutive inspections the risk category will increase one class and further action may be necessary to provide an alternate disposal system on the property. If a particular system is increased in risk classification, an increase in the frequency of inspections will result to ensure that the system poses no adverse impacts to the environment.

In the event of two (2) consecutive risk assessment inspections confirming the system is operating satisfactorily, the system will be reduced one (1) risk class from its initial classification. This concession does not apply to primary treatment systems located in an environmentally sensitive area or within 100m of a permanent water source.

12.2 INSPECTIONS

Regular inspections will be undertaken by Council on all on-site sewage management systems. The frequency of the inspection will be determined according to the systems Risk Evaluation and Assessment. The risk evaluation and subsequent inspection frequency is determined from the following matrix. Special Notes at the bottom of the table are to be read in conjunction with the matrix assessment:

Table 12.2: Risk Assessment Matrix

FEATURES	RESPONSE			POINTS
Type of Wastewater Treatment	Primary 10 points	Secondary 5 points	Tertiary 0 points
Environmentally Sensitive Area (Flood prone, high water table, catchment area, etc)	Yes 10 points	Borderline 5 points	No 0 points
Buffer Distance to Permanent Water (River, creek, etc)	<100m 10 points	101-250 m 5 points	>250m 0 points
Buffer Distance to Intermittent Water (Intermittent creeks, gullies, farm dams)	<20m 10 points	21-40 m 5 points	>41m 0 points
Buffer Distance to Any Ground Water Bore	<125m 10 points	125-250 m 5 points	>250m 0 points
Buffer Setbacks Between System and Property Boundaries/Buildings Comply	Yes 0 points		No 5 points
Signs of Surface Dampness at Disposal Area	Yes 5 points		No 0 points
Evidence of Erosion at Disposal Area	Yes 2 points		No 0 points
Slope	1-10% 0 points	11-20% 1 points	>20% 2 points
Exposure to Sun/Wind	Good 0 points	Average 1 points	Low 2 points
Protection From Surface Water Entry to Disposal Area (Swales, Berms)	Yes 0 points		No 2 points
Fill Present (>300mm)	Yes 2 points		No 0 points

TOTAL:

Class 1 Risk Category (High): >19 points

Class 2 Risk Category (Medium): 15-19 points

Class 3 Risk Category (Low): <15 points

Special Notes:

1 Any system not complying with the minimum buffer distances for permanent water or is located in an environmentally sensitive area (flood prone, high water table, etc) is subject to a Class 1 Risk Category.

2 An Aerated Wastewater Treatment System may be reduced one (1) risk classification where a signed service agreement is in place between the system owner and a service contractor acceptable to Council. A copy of the quarterly inspection report undertaken by the contractor is to be submitted to Council. In this circumstance the Council inspection will be undertaken on the expiry or termination of each service agreement.

3 All on-site sewage management systems within 100 metres of any permanent waterway must include a secondary or tertiary treatment component.

13 PLAN REVIEW AND EVALUATION

Council maintains a commitment to the continuing improvement in the regulation and operation of On-Site Sewage Management Systems. The sewage management plan will be a “living” document that is undergoing a process of continual improvement. Council’s resources have been stretched in areas where there are large numbers of on-site sewage treatment facilities and a permanent contractor has been engaged to undertake the renewal assessment inspections as there is a need to provide and improve treatment and monitoring of the program.

The implementation of this plan will be reviewed and evaluated every four (4) years in order to ensure:

¨ That the outcomes being achieved reflect the goals and objectives of the plan.

¨ That the goals and objectives are still relevant and continue to meet community, council’s and environmental & public health expectations.

¨ Develop best practice notes and fact sheets and make these available from the council website for property owners to assist with maintaining systems and improving there performance.

¨ That the plan accommodates changes to legislation and new technology.

13.1 TYPES OF SYSTEMS

1 Aerated Wastewater Treatment Systems (AWTS)

Aerated wastewater treatment systems provide tertiary treatment of effluent and are accredited by NSW Department of Health. They are essentially a compact treatment plant that processes all domestic wastewater from premises. They contain a primary settling chamber, an aeration chamber, a clarification chamber for the further settling of suspended solids and a chlorination chamber for disinfection. It is a requirement of NSW Health that the systems are inspected and serviced on a quarterly basis.

2 Composting Toilets

Composting toilets use a process of biological degradation by micro-organisms to convert waste material into humus. The compost from compost/humus toilets must be removed on a regular basis and can be disposed of on-site by burial. The design and configuration of the systems vary significantly.

3 Conventional Septic Tank

A septic tank provides primary treatment of effluent and usually comprises two chambers. These chambers can be separate or within the one tank. The first or primary chamber allows some of the solids to settle to the bottom of the tank and oils and fats to rise to the surface to form a scum layer. The solids that settle to the bottom of the primary chamber undergo anaerobic decomposition forming sludge. The second chamber permits further settling of solids and creation of a scum layer before the effluent is discharged to a land application area (usually absorption trenches or evapotranspiration areas).

4 Elevated Mound Disposal System (Wisconsin Mound)

An elevated mound is typically a large mound of varying height made of sand or other course media. A network of small diameter pipes with small perforations distributes the effluent uniformly over the absorption area of the mound. The effluent infiltrates into and percolates through the media before being absorbed into the natural earth.

5 Grey & Black Water Split Systems

These systems provide primary treatment and comprise of two tanks - one receiving wastewater from the toilet, and the other receiving wastewater from the combined laundry, shower & possibly kitchen (depending on proposed method of disposal/reuse). Some systems included a 'grease-trap' in the plumbing between the kitchen and the septic tank, to limit the amount of fats and oils going to the tank.

6 Pumpout

Due to unsuitable site conditions for wastewater disposal Council allows, under extreme circumstances, the installation of pump out systems. This involves the use of a collection well which stores treated wastewater from the septic tank. The stored wastewater is then pumped out into approved tankers which transport the wastewater to Council sewage treatment works where treatment and disposal occurs

7 Secondary/Tertiary Treatment [c5] Systems

After the wastewater has undergone primary treatment the effluent may be further refined to secondary or tertiary quality. By this further process pollutant levels within the wastewater can generally be reduced to a level that is readily manageable. However, effluent from some treatment systems may still be biologically active and contain high levels of pollutants. There have been many developments in the area of ancillary on-site sewage management systems. These systems can be added to the main treatment train with the objective of improving the effluent quality, and so enabling the treated wastewater to be managed in a larger number of ways. These ancillary systems are not considered to be treatment systems requiring certification by NSW Health. At this stage they are considered optional, but they are worthy of consideration.

8 Water Diversion Device

A simple device used to divert some or all of the grey water to garden applications. Only to be used during times of low rain fall. Note cannot be used all the time.

13.2 DEFINITIONS

Absorption: The uptake of effluent into the soil by capillary action.

Aerated Wastewater Treatment System (AWTS): A system which uses the process of aeration followed by clarification and disinfection to treat wastewater.

Blackwater: Wastewater from a toilet or urinal

Composting Toilet: Composting toilets collect and treat toilet waste only. Water from the shower, sink and washing machine, etc. needs to be treated separately. The compost produced has special disposal requirements but is usually buried.

Disposal Area: An area of land specifically designated for the application of treated effluent.

Effluent: Wastewater discharging from a sewage management system.

Evapotranspiration: Process by which soil moisture is subject to processes of evaporation from the sun and wind and is transpired to the atmosphere by vegetation.

Greywater (or sullage): Domestic effluent, excluding toilet waste and depending upon method of disposal my exclude kitchen waste.

Guidelines: Environment and Health Protection Guidelines – On-site sewage Management for Single Households.

On-site Sewage Management System (OSSM): Any facility that stores, treats and/or disposes of sewage and wastewater and requires an approval to operate issued under the Local government Act 1993.

Pump-out System: A septic system where all accumulated wastewater is removed from site by a purpose built tanker. Such systems generally incorporate both a primary septic tank and a collection well.

Run-off: The part of precipitated effluent that becomes surface flow because it is not immediately absorbed into the soil.

Septic Tank: A sealed vessel that treats greywater, blackwater or both bur provides only limited treatment through the settling of solids and the flotation of fats and greases.

Wastewater: The combined blackwater and greywater from a domestic premise.

---oo0oo---

General Purpose Committee - 17 December 2008

Report on Draft Animal Management Plan for the Nambucca Shire

Attachment 1

31182/2008 - Keeping of Animals Management Plan - January 2009

Introduction

The Nambucca Shire Council encourages the responsible keeping of animals, including, but not limited to, companion animals, therapeutic animals, pets, hobby farm animals, sustenance and food production animals. Most people who keep animals, as pets, or for the companionship they offer, will attest to the many benefits arising from such interactions. However, there are also negative situations that can occur when animals are kept in unhealthy or inappropriate conditions, or are kept in locations or circumstances which cause a nuisance to others.

This document serves to inform members of the communities within the Nambucca Shire as to their rights and responsibilities when keeping animals. This Plan outlines the legal requirements and responsibilities of animal owners, and also offers advice and guidance to ensure that the keeping of animals is conducted in the most healthy and harmonious manner possible.

Aims of this Plan

The aims of this Plan are to:

a Clarify Council’s position on the keeping of animals in different land-use areas within the Nambucca Shire;

b Outline Council’s responsibilities and expectations in regard to keeping animals in these areas; and,

c Educate the owners and carers of animals as to their responsibilities, and to encourage them to act in the community interest.

Purpose of this Plan

The purpose of this Plan is to supplement provisions of the Local Government Act 1993 and Regulations by specifying matters that Council must take into account when determining whether or not to issue an Order under Section 124 of that Act.

This Plan will allow Council Regulatory Officers and members of the public to ensure that the objectives of Schedule 2 Part 5 of the Local Government (General) Regulation 2005 – Standards for Keeping Birds or Animals, are observed when taking these matters into consideration. This Schedule is attached to the end of this Plan as Appendix 1.

Scope of this Plan

This Plan applies to the keeping of animals for domestic purposes as companion pets or for hobby interests. However, the principles contained in the prescriptive requirements also apply to the keeping of animals for commercial purposes including breeding, boarding, grooming, caring, treatment, racing, exhibiting, trading or selling.

Where it is intended to keep animals for commercial purposes, advice should be sought from Council’s Planning Department as to whether a Development Application is required by Council in order to obtain planning consent. Consent to the operation of animal establishments may not be granted where Council considers that the proposal would be detrimental to the amenity of the locality.

This Plan addresses statutory and community-based obligations for animal management practices in different land use areas. The land-use areas referred to in this Plan are described in the Nambucca Shire Council’s Local Environment Plan (LEP) and shall include Urban or Residential zones and Rural Residential zones as well as Rural land abutting any of these previously mentioned zones.

Guidelines or obligations for the keeping of animals in rural zones are not prescribed or controlled by this Management Plan.

Definitions

The definitions used in this Policy shall be read and incorporated in conjunction with:

· Protection of the Environment Operations Act 1997;

· NSW Local Government Act 1993;

· Local Government (General) Regulation 2005;

· Environmental Planning and Assessment Act 1979; and

· Nambucca Local Environmental Plan 1995;

Unless specified otherwise, the Act referred to in this Plan is the Local Government Act 1993. A dictionary defining the most important terms used in this Plan is taken from the dictionary for that Act, listed as Appendix 3 of this document.

Prescriptive Requirements

The number of animals that may be kept at a premises is not to exceed the number shown as listed in the Table of Requirements included with this Plan.

In circumstances where an approval may be required, Council may not grant approval for increased animal numbers or changes to the identified minimum set back distance, however, Council may consider application for increased animal numbers or changes to the minimum setback distance where it can be demonstrated that such variation will have no potential or actual disturbances to health, environment, or neighbourhood amenity.

The type of animal that is suitable to be kept at any premises will be determined having regard to the size of the available yard area, the distance to the nearest dwelling or other prescribed building, and any animal management plan for collection and storage of waste, control of noise, pests and vermin. Certain statutory requirements apply as noted in the table.

It should not be assumed that animals of all types may be kept on premises which are part of a multiple dwelling allotment. Where a dwelling is owned within a Strata Plan or Community Title, it will be necessary for the rules of the Body Corporate to be examined for requirements relevant to the keeping of animals. In many cases private covenants may apply to land, whilst in some cases, restrictions may have been placed on the title of properties through development consent conditions restricting the type of animals which may be kept. A check of the land title will indicate the existence of such covenants.

All animals must be kept in a manner which does not:

· Create unclean or unhealthy conditions for people or for the animals

· Attract or provide a harbourage for vermin

· Create offensive noise or odour

· Cause a drainage nuisance or dust nuisance

· Create waste disposal problems or pollution problems

· Create an unreasonable annoyance to neighbouring residents or fear for safety

· Cause nuisance due to proliferation of flies, lice, fleas or other insects

Suitable shelter should be provided for all animals. Certain types of animals are required to be kept in cages to prevent their escape or attack by predators. Generally, other animals are to be securely enclosed with adequate fencing to prevent escape. Animal shelters should not be erected or located at premises without first determining whether the prior approval of Council is required. To determine whether a proposed animal shelter complies with Council’s requirements, or requires approval, please refer to Development Control Plan Number 10 – Exempt and Complying Development, located on Council’s website at http://www.nambucca.nsw.gov.au.

Council’s Powers to Control and Regulate the Keeping of Animals

Generally, Council’s powers to control and regulate the keeping of animals are provided under Section 124 of the Local Government Act 1993 and the Local Government (General) Regulation 2005, Schedule 2 Part 5.

Under Chapter 7, Part 2, Division 1, Section 124, Order 18 of the above Act, the Council may, in the appropriate circumstances, issue an Order to:

· Prohibit the keeping of various kinds of animals;

· Restrict the number of various kinds of animals to be kept at a premises; or

· Require that animals be kept in a specified manner

The Council may also issue Orders requiring:

· Demolition of animal shelters built without prior approval of the Council; or

· The occupier to do or refrain from doing such things as are specified so as to ensure that land or premises are placed or kept in safe or healthy conditions

It is advised that Council can exercise further controls under the following Acts:

· The Noise Control Act, 1975;

· The Impounding Act, 1993;

· The Food Act, 2003 (prohibits animals to be kept where food is handled for sale);

· Companion Animals Act 1998;

· Environmental Planning & Assessment Act 1979; and,

· Protection of the Environment Operations Act 1997;

Giving of Orders by Council

Firstly, it must be established that the keeping of a particular animal within the zone or area is permitted under Nambucca Shire Council’s Local Environmental Plan. Secondly, where a problem is identified with keeping of animals and it can not be resolved through consultation and mediation, the Council may proceed to issue notice of its intention to serve an Order. Normally a person will be given opportunity to make representation to Council prior to a formal Order being issued. In situations which Council believes constitute a serious risk to health or safety, an emergency Order to address or remove the risk may be issued without prior notice.

Table 1: Requirements for Animal Keeping in Urban Areas

URBAN AREAS (Including Villages)
Type of Animal	Maximum Number	Minimum Distance (from habitable structures and/or property boundaries)	Applicable Regulations and Other Advisory Matters
Birds including canaries, budgerigars, quails, finches and parrots	Depending on breed of bird and location	Aviaries to be 900 mm from any property boundary	All birds to be kept in accordance with the “Code of Ethics” produced by the Associated Birdkeepers of Australia and printed by NSW Agriculture (See Appendix 2)
Cats	3 (and kittens to 6 months)	_	These regulations are to be read in conjunction with the Companion Animals Act, 1998 This Act requires cats to be: (a) microchipped by 6 months of age, and, (b) to be registered with the Nambucca Shire Council
Dogs (excluding greyhounds)	4 (and pups to 6 months)	_	These regulations are to be read in conjunction with the Companion Animals Act, 1998 This Act requires dogs to be: (a) microchipped by 6 months of age, and, (b) to be registered with the Nambucca Shire Council
Ferrets	2	Cages to be 9 metres from dwellings and 900 mm from any property boundary	The keeping of ferrets is not recommended in urban areas. However, where proper care (including appropriately designed, secure cages) is available, the keeping of ferrets is permitted providing no nuisance is created.
Greyhounds	4	Kennels to be 15 metres from dwellings and 900 mm from any property boundary	Individual greyhounds to be housed in separate kennels. Kennels to be secure and lockable Minimum kennel dimensions to be 1200 (w) x 1800 (h) x 1200 (d)^* Muzzles must be fitted to each greyhound when in public and no more than 4 greyhounds to be walked by one individual

URBAN AREAS (Including Villages)
Type of Animal	Maximum Number	Minimum Distance (from habitable structures and/or property boundaries)	Applicable Regulations and Other Advisory Matters
Horses and cattle	0	_	The keeping of horses and cattle on properties of less than 5, 000 m² is not considered appropriate.
Pigs	0	_	The keeping of pigs is prohibited in urban and village areas
Pigeons	50 (members of recognised aviculture society) 15 (non-members)	Coops to be 9 metres from dwellings and 900 mm from any property boundary	Free lofting^* is prohibited in urban areas. Exercise periods to be restricted to the 2 hours immediately preceding sunset and following sunrise. Training of young birds to be conducted in a manner to avoid nuisance.
Poultry (domestic), guinea fowl and bantams Poultry other than fowls, including geese, turkeys peafowl and other pheasants	10 (and chicks to 6 months of age) 5 (and chicks to 6 months of age)	4.5 metres from dwellings and 1 metre from any property boundary 30 metres from dwellings and 1 metre from any property boundary	Keeping of poultry must not create a nuisance or be dangerous or injurious to health. Poultry yard must at all times be kept clean and free from offensive odours. Council may insist on the keeping of domestic poultry or guinea fowl at a distance greater than 4.5 metres in a particular case. The keeping of roosters in urban areas is prohibited Poultry yards must be enclosed to prevent escape of poultry. The floors of poultry houses beneath roosts or perches must be constructed of impervious material (eg concrete or mineral asphalt) if constructed on, or within 3m, of a property boundary. This does not apply to poultry houses that are located at a distance greater than 15.2 m from a dwelling, public hall or school. Where impervious material is not required the floor of the poultry house is to be covered with clean sand or other suitable material.

URBAN AREAS (Including Villages)
Type of Animal	Maximum Number	Minimum Distance (from habitable structures and/or property boundaries)	Applicable Regulations and Other Advisory Matters
Rabbits	2 (same gender)	Cages to be 900 mm from any property boundary	Must be domestic breed and kept in a cage. Cages may be portable to allow access to fresh feed, but must securely contain animal(s). Do not release into environment. The rabbit is a declared noxious animal under the Rural Lands Protection Act, 1989. However, two domestic breed pet rabbits, securely housed, are permitted per residential allotment. NOTE: Restriction on numbers is imposed by the NSW Dept. of Agriculture under the Rural Lands Protection Act, 1989. For more than one rabbit a permit must be obtained from the Rural Lands Protection Board.
Other rodents (rats, mice and guinea pigs)	Appropriate to location, species and breed	Appropriate distance to avoid nuisance and/or health hazard.	Must be kept in appropriate, escape-proof cages which are kept odour free. These animals must not be released into the environment
Reptiles and amphibians	As appropriate to circumstances	As appropriate to circumstances.	All species must be adequately housed to prevent escape. The National Parks and Wildlife Act, 1974 and Fauna Protection Regulations place a general prohibition on the keeping of reptiles. Advice on the keeping of any reptile or amphibian should be sought from National Parks and Wildlife Service in ALL cases
Sheep and goats	1 of either	9 metres from dwellings	Billy goat or rams should not be kept on a residential property in an urban area.

Table 2: Requirements for Animal Keeping in Rural-Residential Areas

Rural-Residential AREAS
Type of Animal	Maximum Number	Minimum Distance (from habitable structures & property boundaries)	Applicable Regulations and Other Advisory Matters
Birds including canaries, budgerigars, quails, finches and parrots	Depending on breed of bird and location	Aviaries to be 900 mm from any property boundary	All birds to be kept in accordance with the “Code of Ethics” produced by the Associated Birdkeepers of Australia and printed by NSW Agriculture (See Appendix 2)
Cats	3 (and kittens to 6 months)	_	These regulations are to be read in conjunction with the Companion Animals Act 1998 This Act requires cats to be: (a) microchipped by 6 months of age, and, (b) to be registered with the Nambucca Shire Council
Dogs (excluding greyhounds)	3 (and pups to 6 months)	_	These regulations are to be read in conjunction with the Companion Animals Act 1998 This Act requires dogs to be: (a) microchipped by 6 months of age, and, (b) to be registered with the Nambucca Shire Council
Ferrets	5	Cages to be 9 metres from dwellings and 900 mm from any property boundary	Where proper care (including appropriately designed, secure cages) is available, the keeping of ferrets is permitted providing no nuisance is created.
Greyhounds	4	Kennels to be 15 metres from dwellings and 900 mm from any property boundary	Individual greyhounds to be housed in separate kennels. Kennels to be secure and lockable Minimum kennel dimensions to be 1200 (w) x 1800 (h) x 1200 (d)^* Muzzles must be fitted to each greyhound when in public and no more than 4 greyhounds to be walked by one individual

Rural-Residential AREAS
Type of Animal		Maximum Number	Minimum Distance (from habitable structures & property boundaries)	Applicable Regulations and Other Advisory Matters
Horses and cattle		1 per 0.5 ha	9 m from dwellings and 1 metre from any property boundary	Must be securely fenced
Pigs		1	60 m from any dwelling or property boundary	DPI guidelines suggest that rural residential properties under 1.5 ha in area are not suitable for the keeping of pigs
Pigeons		150 (members of recognised aviculture society) 50 (non-members)	Coops to be 9 metres from dwellings and 1 metre from any property boundary	Free lofting^* is prohibited in rural residential areas. Exercise periods to be restricted to the 2 hours immediately preceding sunset and following sunrise. Training of young birds to be conducted in a manner to avoid nuisance.
Poultry (domestic), guinea fowl and bantams Poultry other than fowls, including geese, turkeys peafowl and other pheasants		10 (and chicks to 6 months of age) 5 (and chicks to 6 months of age)	4.5 metres from dwellings and 1 metre from any property boundary 30 metres from dwellings and 1 metre from any property boundary	Keeping of poultry must not create a nuisance or be dangerous or injurious to health. Poultry yard must at all times be kept clean and free from offensive odours. Council may insist on the keeping of domestic poultry or guinea fowl at a distance greater than 4.5 metres in a particular case. The keeping of roosters in rural-residential areas is not recommended. Noise issues relating to roosters will result in the removal of offending bird Poultry yards must be enclosed to prevent escape of poultry. The floors of poultry houses beneath roosts or perches must be constructed of impervious material (eg concrete or mineral asphalt) if constructed on, or within 3m, of a property boundary. This does not apply to poultry houses that are located at a distance greater than
Rural-Residential AREAS
Type of Animal	Maximum Number		Minimum Distance (from habitable structures & property boundaries)	Applicable Regulations and Other Advisory Matters
Poultry (Cont.)				15.2 metres from a dwelling, public hall or school. Where impervious material is not required the floor of the poultry house is to be covered with clean sand or other suitable material.
Rabbits	2 (same gender)		Cages to be 900 mm from any property boundary	Must be domestic breed and kept in a cage. Cages may be portable to allow access to fresh feed, but must securely contain animal(s). Do not release into environment. The rabbit is a declared noxious animal under the Rural Lands Protection Act, 1989. However, two domestic breed pet rabbits, securely housed, are permitted per residential allotment. NOTE: Restriction on numbers is imposed by the NSW Dept. of Agriculture under the Rural Lands Protection Act, 1989. For more than one rabbit a permit must be obtained from the Rural Lands Protection Board.
Other rodents (rats, mice and guinea pigs)	Appropriate to location, species and breed		Appropriate distance to avoid nuisance and/or health hazard.	Must be kept in appropriate, escape-proof cages which are kept odour free. These animals must not be released into the environment
Reptiles and amphibians	As appropriate to circumstances		As appropriate to circumstances.	All species must be adequately housed to prevent escape. The National Parks and Wildlife Act, 1974 and Fauna Protection Regulations place a general prohibition on the keeping of reptiles. Advice on the keeping of any reptile or amphibian should be sought from National Parks and Wildlife Service in ALL cases
Sheep and goats	1 of either per 0.5 ha of land		9 metres from dwellings	Enclosure must be securely fenced to avoid escape

Appendix 1 – Standards for the Keeping of Birds and Animals (Extract from Local Government (General) Regulation 2005)

Schedule 2

Part 5 Standards for keeping birds or animals

Division 1 Keeping of swine

17 Swine not to pollute

1 Swine must not be kept in such a place or manner as to pollute any water supplied for use (or used, or likely to be used):

a by a person for drinking or domestic purposes, or

b in a dairy.

2 Swine’s dung must not be deposited in such a place or manner as to pollute any water referred to in subclause (1).

18 Swine not to be kept near certain premises

1 Without limiting clause 1, swine must not be kept (and swine’s dung must not be deposited) within 60 metres (or such greater distance as the council may determine in a particular case) of a dwelling, shop, office, factory, church or other place of public worship, workshop, school or public place in a city, town, village or other urban part of an area.

2 A greater distance determined under this clause applies to a person only if the council has served an order under section 124 of the Act to that effect on the person.

Division 2 Keeping of poultry

19 Poultry not to be nuisance or health risk:

1 Poultry must not be kept under such conditions as to create a nuisance or to be dangerous or injurious to health.

2 Poultry yards must at all times be kept clean and free from offensive odours.

20 Poultry not to be kept near certain premises

1 Fowls (that is, birds of the species Gallus gallus) or guinea fowls must not be kept within 4.5 metres (or such greater distance as the council may determine in a particular case) of a dwelling, public hall, school or premises used for the manufacture, preparation, sale or storage of food.

2 Poultry (other than fowls referred to in subclause (1)) must not be kept within 30 metres of any building referred to in subclause (1).

3 The floors of poultry houses must be paved with concrete or mineral asphalt underneath the roosts or perches. However, this subclause does not apply to poultry houses:

a that are not within 15.2 metres of a dwelling, public hall or school, or

b that are situated on clean sand.

4 Poultry yards must be so enclosed as to prevent the escape of poultry.

5 The standards in this clause apply to a person only if the council has served an order under section 124 of the Act to that effect on the person.

Division 3 Keeping of horses and cattle

21 Horses and cattle not to be kept near certain premises:

1 Horses and cattle must not be kept within 9 metres (or such greater distance as the council may determine in a particular case) of a dwelling, school shop, office, factory, workshop, church or other place of public worship, public hall or premises used for the manufacture, preparation or storage of food.

2 The floors of stables must be paved with concrete or mineral asphalt or other equally impervious material, and must be properly graded to drain.

3 Horse yards and cattle yards must be so enclosed as to prevent the escape of horses and cattle.

4 The standards in this clause apply to a person only if the council has served an order under section 124 of the Act to that effect on the person.

Appendix 2 – Code of Practice for keeping of birds

This Code is designed for everyone involved in keeping, breeding, showing and trading birds (other than domestic poultry).

By adhering to the code, people involved in this industry demonstrate to the general community their concern for birds in their care. The code is neither a complete manual of aviculture husbandry nor a static document. It may be revised to take account of advances in the understanding of bird physiology and behaviour, technological changes, changing industry standards, and the community’s attitudes and expectations about the welfare of birds.

Compliance with the code does not remove the need to abide by the requirements of any other laws and regulations, such as local government or National Parks and Wildlife Service legislation. The code has been prepared by the Associated Birdkeepers of Australia (ABA), representing a large proportion of those in aviculture. It is not intended to apply to those premises licensed or approved under the Exhibited Animals Protection Act or by the Zoological Parks Board.

1.0 INTRODUCTION

1.1 This code recognises the following principles:

a a primary concern for the welfare of birds.

b a realisation of the need for conservation.

c a concern for others in aviculture.

d compliance with legislative requirement.

1.2 The importance of care and competence in the handing and keeping of birds cannot be over-emphasised. Appropriate expert advice and guidance should be sought whenever needed.

1.3 This code cannot replace the need for common sense and experience.

2.0 GENERAL REQUIREMENTS

2.1 The basic needs of aviary birds are:

a ready access to proper and sufficient food and water adequate to maintain health and vigour.

b freedom of movement and ability to exercise or fly appropriate to the species.

c accommodation which provides protection and which neither harms nor causes distress.

d fresh air and exposure to suitable light.

e protection from predators, toxic substances and diseases.

f rapid identification and competent treatment of any injury, vice or disease.

3.0 FOOD & WATER

3.1 Adequate food suitable for the needs of the particular species of birds should be readily available. Most species of birds should have access to food at all times.

3.2 Clean, cool water should be available at all times.

It is totally unacceptable for birds to die from lack of food or water.

4.0 ACCOMMODATION

4.1 Each species should be accommodated according to its need, including:

a protection from extremes of climate.

b safety from predators.

c ability to escape from, or to avoid distress caused by other birds animals, and humans.

d protection of food and water containers from contamination or firm rain or direct sunlight.

e sufficient space, perches, nesting areas and/or feed and water station to meet the needs of all the birds in the cage or aviary.

f nesting sites and materials appropriate for the species for breeding purposes where intended.

5.0 HEALTH & HYGIENE

5.1 Good animal husbandry, as for any animal species, is essential for the welfare of birds.

5.2 Newly acquired birds should be quarantined for a suitable time for treatment / observation before release into aviaries or cages.

5.3 Birds show ill health or stress in a great variety of ways, but careful observation may be needed as sick birds are able to suppress some signs when stimulated.

5.4 Sick or injured birds should be isolated to facilitate observation and treatment and to prevent further damage and / or to restrict the spread of infection.

5.5 Cages and aviaries should be cleaned regularly; the floor and food and water containers in holding cages should be kept clean.

5.6 Birds should be inspected regularly, preferably daily, to ensure that adequate feed and water is available, to check on their state of health, and to identify and promptly remedy any problem that may develop. New, sick or young birds should be inspected more frequently.

5.7 Where treatment to restore health or to repair injury is not possible or is not successful, euthanasia should be performed by a competent person and in an appropriate and humane manner. Veterinary advice should be sought.

6.0 PROCEDURES

6.1 Catching

aviary birds usually causes them distress and some species are particularly susceptible. Birds should be caught by the least stressful method available and subjected to minimal handling.

6.2 Restraint

Special care and knowledge is necessary in holding or restraining birds, and the most appropriate method should be used for each species.

6.3 Wings

Pinioning of wings is an unacceptable practice and is defined as an act of cruelty. The clipping of wing feathers of small birds or nervous species is also unacceptable.

6.4 Rings

The application of rings for identification purposes requires careful selection of the appropriate ring and its application. Some species, especially adult birds, should not be ringed because of the risk of self-mutilation. Special care is needed should a ring require removal. for example, to attend to a leg injury.

6.5 Beak Trimming

Overgrown beaks should be carefully trimmed. Unless due to curable disease or a nutritional problem, birds with overgrown beaks should not be used for breeding.

6.6 Toe Trimming

Excessively long nails should be trimmed without drawing blood, but toes should not be cut with the intent of preventing nail growth. Overgrown nails may be indicative of inadequate conditions, particularly in small cages.

7.0 PARASITE CONTROL

7.1 Worm control is necessary with most aviary birds.

7.2 Water or feed medication may be indicated in some circumstances, but is least efficient.

7.3 Individual dosing should be performed by competent operators.

7.4 Chemicals, eg insecticides, should be selected and used carefully and in accordance with pesticide laws. For example, pest strips are ineffective except in enclosed areas.

8.0 BIRDS ON DISPLAY

8.1 Show and Exhibitions

Show and Exhibitions should be conducted over as short a period as possible and not more than 72 hours. Public access should be controlled. Birds exhibiting signs of distress, injury or disease must be removed from the display area for appropriate attention or treatment. Birds on display must be under competent supervision at all times. Food and water must be available and birds accommodated in accordance with this code. Cage sizes must be not less than the show standards for the particular species.

8.2 Markets and Auctions

These are stressful to birds and must be conducted over as short a period as possible and not more than 12 hours. Otherwise conditions as in 9.1 apply.

This code has been endorsed by:

· The NSW Animal Welfare Advisory Council

· The NSW National Parks and Wildlife Service

· NSW Agriculture

· Pet Industry Joint Advisory Council Canary & Cage Bird Federation of Australia Inc

Appendix 3 – Dictionary of important terms

Excerpt of Dictionary taken from Local Government Act 1993

adjoining, in relation to an area, means abutting or separated only by a public reserve, road, river, watercourse, or tidal or non-tidal water, or other like division.

approval means an approval that is in force under this Act.

area means an area as constituted under Division 1 of Part 1 of Chapter 9.

building includes part of a building and any structure or part of a structure, but does not include a moveable dwelling or associated structure or part of a moveable dwelling or associated structure.

catchment district means a district proclaimed to be a catchment district under section 128.

council:

a means the council of an area, and includes an administrator, and

b in Part 11 of Chapter 15, includes the Lord Howe Island Board constituted under the Lord Howe Island Act 1953.

dwelling in Division 1 of Part 8 of Chapter 15, means a building or part of a building used as a place of dwelling.

local environmental plan has the same meaning as it has in the Environmental Planning and Assessment Act 1979.

notice includes notification, order, direction and demand.

occupier includes:

a a person having the charge, management or control of premises, and

b in the case of a building which is let out in separate occupancies or a lodging house which is let out to lodgers, the person receiving the rent payable by the tenants or lodgers, either on his or her own account or as the agent of another person,

and, in the case of a vessel, means the master or other person in charge of the vessel.

owner:

a in relation to Crown land, means the Crown and includes:

i a lessee of land from the Crown, and

ii a person to whom the Crown has lawfully contracted to sell the land but in respect of which the purchase price or other consideration for the sale has not been received by the Crown, and

b in relation to land other than Crown land, includes:

i every person who jointly or severally, whether at law or in equity, is entitled to the land for any estate of freehold in possession, and

ii every such person who is entitled to receive, or is in receipt of, or if the land were let to a tenant would be entitled to receive, the rents and profits of the land, whether as beneficial owner, trustee, mortgagee in possession, or otherwise, and

iii in the case of land that is the subject of a strata scheme under the Strata Schemes (Freehold Development) Act 1973 or the Strata Schemes (Leasehold Development) Act 1986, the owners corporation for that scheme constituted under the Strata Schemes Management Act 1996, and

iv in the case of land that is a community, precinct or neighbourhood parcel within the meaning of the Community Land Development Act 1989, the association for the parcel, and

v every person who by this Act is taken to be the owner, and

c in relation to land subject to a mining lease under the Mining Act 1992, includes the holder of the lease, and

d in Part 2 of Chapter 7, in relation to a building, means the owner of the building or the owner of the land on which the building is erected.

premises means any of the following:

a a building of any description or any part of it and the appurtenances to it,

b land, whether built on or not,

c a shed or other structure,

d a tent,

e a swimming pool,

f a ship or vessel of any description (including a houseboat),

g a van.

private land means land the fee-simple of which is not vested in the Crown, and land that the Crown has lawfully contracted to sell.

public authority means a public authority constituted by or under an Act, a government department or a statutory body representing the Crown, and includes a person exercising any function on behalf of the authority, department or body and any person prescribed by the regulations to be a public authority.

public land means any land (including a public reserve) vested in or under the control of the council, but does not include:

a a public road, or

b land to which the Crown Lands Act 1989 applies, or

c a common, or

d land subject to the Trustees of Schools of Arts Enabling Act 1902, or

e a regional park under the National Parks and Wildlife Act 1974.

public officer of a council means the public officer appointed under Chapter 11 for that council.

public place means:

a a public reserve, public bathing reserve, public baths or public swimming pool, or

b a public road, public bridge, public wharf or public road-ferry, or

c a Crown reserve comprising land reserved for future public requirements, or

d public land or Crown land that is not:

i a Crown reserve (other than a Crown reserve that is a public place because of paragraph (a), (b) or (c)), or

ii a common, or

iii land subject to the Trustees of Schools of Arts Enabling Act 1902, or

iv land that has been sold or leased or lawfully contracted to be sold or leased, or

e land that is declared by the regulations to be a public place for the purposes of this definition.

public reserve means:

a a public park, or

b any land conveyed or transferred to the council under section 340A of the Local Government Act 1919, or

c any land dedicated or taken to be dedicated as a public reserve under section 340C or 340D of the Local Government Act 1919, or

d any land dedicated or taken to be dedicated under section 49 or 50, or

e any land vested in the council, and declared to be a public reserve, under section 37AAA of the Crown Lands Consolidation Act 1913, or

f any land vested in the council, and declared to be a public reserve, under section 76 of the Crown Lands Act 1989, or

g a Crown reserve that is dedicated or reserved:

i for public recreation or for a public cemetery, or

ii for a purpose that is declared to be a purpose that falls within the scope of this definition by means of an order published in the Gazette by the Minister administering the Crown Lands Act 1989,

being a Crown reserve in respect of which a council has been appointed as manager of a reserve trust for the reserve or for which no reserve trust has been established, or

h land declared to be a public reserve and placed under the control of a council under section 52 of the State Roads Act 1986, or

i land dedicated as a public reserve and placed under the control of a council under section 159 of the Roads Act 1993,

and includes a public reserve of which a council has the control under section 344 of the Local Government Act 1919 or section 48, but does not include a common.

rural land, in Division 2 of Part 8 of Chapter 15, means:

a a parcel of rateable land which is valued as one assessment and exceeds 8,000 square metres in area and which is wholly or mainly used for the time being by the occupier for carrying on one or more of the businesses or industries of grazing, animal feedlots, dairying, pig-farming, poultry farming, viticulture, orcharding, bee-keeping, horticulture, vegetable growing, the growing of crops of any kind or forestry, or

b an area which is wholly or mainly used for aquaculture within the meaning of the Fisheries Management Act 1994.

rural residential land means land that:

a is the site of a dwelling, and

b is not less than 2 hectares and not more than 40 hectares in area, and

c is either:

i not zoned or otherwise designated for use under an environmental planning instrument, or

ii zoned or otherwise designated for use under such an instrument for non-urban purposes, and

d does not have a significant and substantial commercial purpose or character.

waste means:

a effluent, being any matter or thing, whether solid or liquid or a combination of solids and liquids, which is of a kind that may be removed from a human waste storage facility, sullage pit or grease trap, or from any holding tank or other container forming part of or used in connection with a human waste storage facility, sullage pit or grease trap, or

b trade waste, being any matter or thing, whether solid, gaseous or liquid or a combination of solids, gases and liquids (or any of them), which is of a kind that comprises refuse from any industrial, chemical, trade or business process or operation, including any building or demolition work, or

c garbage, being all refuse other than trade waste and effluent,

and includes any other substance defined as waste for the purposes of the Protection of the Environment Operations Act 1997, and a substance is not precluded from being waste merely because it is capable of being refined or recycled.

General Purpose Committee

17 December 2008

Director Environment & Planning's Report

ITEM 9.5 DA2008/269 171208 Report on DA 2008/269 - Change of Use to Residential and Deck, Garage and Internal Alterations - 48 High Street, Bowraville

AUTHOR/ENQUIRIES: Rhys Edwards, Health & Building Surveyor

Summary:

Applicant: Dex Consulting Pty Ltd

Proposal: Deck, Garage & Internal Alterations; Change of use to residential/commercial

Property: Lot D Section 9 DP 5611; 48 High Street, Bowraville

Zoning: Zone 2(v) – Residential (Village)

The original development application (DA 2008/269), lodged on 23 June 2008, was for the construction of a deck and garage, and internal alterations to a building in High Street, Bowraville (Old Scout Hall). Routine assessment of the application revealed that no approval had been previously granted for residential occupation of this building. The approved use of the building was for a Scout Hall. The applicant was then asked to lodge a modification to the original development application, to seek a change of use for the building to allow residential occupation.

Since notification of primary development application on 22 July 2008, several submissions have been received relating to conflicting landuse if the commercial premises are converted to residential use. The submissions raised concerns about potential loss of commercial premises in Bowraville’s main street, parking and noise issues, and concerns about the condition of building and adequacy of natural light.

After consideration of this application under the relevant legislation and Council requirements, there appears to be no impediment to Council approving this application, provided relevant development requirements are considered and placed as conditions on the Development Consent.

Recommendation:

1 That development application 2008/269 for minor building works and change of use be approved subject to conditions included in this report.

2 That those persons who made submissions to the application be advised of Council’s decision.

OPTIONS:

As an alternative to the recommendation, Council has the option to refuse the application on the basis of potential noise and conflicting landuse issues.

PROPOSAL:

The DA proposal is for the construction of an attached deck on an existing timber building, minor alterations to the interior layout of the building, and the construction of a detached garage. Additionally, the DA has been modified to include approval for a change of use to the commercial building, to allow for residential use. The proposed 10 x 8 m metal garage to the rear of the property will provide off-street parking with access from rear lane (Adams Lane).

DISCUSSION:

The proposed use of this building as a combined dwelling/commercial premises under it’s current zoning (2(v) - Residential (Village)) is supported by Council’s LEP. In addition, a subsequent survey of nearby buildings in High Street, conducted by Council Health & Building Officers on 1 October 2008, determined that many of the commercial premises in High Street have a residential component attached.

With respect to conflicting land use, it appears that the butcher’s shop adjoining the proposed development site is the only commercial operation in this part of High Street. The applicant has stated that they intend to retain the commercial component of the building, to ensure the potential for commercial use of this building is preserved.

Submissions raised by notification of this application are discussed further in this report and include:

· conflicting landuse if the commercial premises are converted to residential use

· potential loss of commercial premises in Bowraville’s main street

· parking issues

· condition of building and adequacy of natural light

· sound transmitted between adjoining residential and commercial properties

One issue, which has not been raised in submissions, is the proposal to erect a timber picket fence along the boundary adjoining Nos 48 and 50 High Street. This is an area of concern, as the means of access to refrigeration equipment and hot water heater for 50 High Street. has been through the yard of the subject property. Although not formally recognised, this arrangement between neighbours appears to have existed for many years.

CONSULTATION:

This application has been considered by Council’s Engineering Services and Environment & Planning Departments.

Engineering services required the proposed garage to be set back one (1) metre from the boundary to allow continuing access to sewer line.

Council’s Planning Department has expressed reservations about the building line setback for the proposed garage, stating that the setback does not comply with DCP 11 (Building line setbacks). However, a circular from the Director of Environment & Planning states that a policy will be prepared in regards to the regulation of this matter. However, during the interim period, for “…all lanes not designated as a road/street, the minimum setback will apply.”

The application was notified to surrounding premises and four (4) submissions were received. The issues raised in submissions have been considered by Council’s Health & Building Staff during the assessment of this application, as discussed in the following sections.

MATTERS FOR CONSIDERATION – SECTION 79C(1) EP&A ACT

In its assessment of a development application, Council is required to take into consideration the following matters:

(a) the provisions of

(i) any environmental planning instruments

Nambucca Local Environmental Plan 1995

The land is zoned Zone 2(v) – Residential (Village) the objectives of which encourage the variety of urban

land uses required within small urban communities.

North Coast Regional Environmental Plan

There are no relevant provisions of the Regional Environmental Plan that specifically apply to the proposed development.

(ii) any draft environmental planning instrument

No draft environmental planning instruments currently apply to the land or the proposed development.

(iii) any development control plan (DCP)

DCP 9 – Bowraville Heritage Guidelines applies to the site. The proposal complies with the Aims of this DCP, as described in Section 1 Part (e) (i), (ii), (iii), and (v).

Comment

The proposal is compliant with DCP 9 as there is no intention to alter the frontage of the building, hence no impact on the character or streetscape of High Street is anticipated.

DCP 11 – Building Line setbacks for residential buildings do not apply to this development.

Comment

The proposal is for a building already constructed, the setback of which is consistent with the setback lines of adjacent buildings, and is in keeping with the character of the streetscape in this location. The proposed garage will be set back one (1) metre from the rear boundary.

(b) the likely impacts of the development

The main concern with the proposal is the perceived land use conflict issues and amenity. Impacts, if any, are anticipated to be of a minor nature.

Assessment of this application suggests that conflicting land-use concerns, as raised in the submissions, have little basis as this area has traditionally been subject to mixed landuse, in the form of commercial premises with attached or ancillary residential components. In the past, these types of uses have co-existed with little conflict arising as a result.

Issues relating to the amenity of the site are likely to have little impact on occupants or neighbouring residents or business operators. Issues such as privacy for residents of the proposed development can be managed through conditions placed on the development consent. Noise issues arising from the operation of commercial premises can be addressed by insulating the residential component of the development in accordance with the BCA.

Director’s Note:

This application and concerns raised by the adjoining premise operator, highlights potential future issues leading with competing landuses within the 2(v) Village zone. As identified in this proposal, the potential impacts between the residential expectations and those expectations of the commercial operator (Butcher), to continue operating as has been the case for many years, where there is a need to start early and refrigeration equipment and motors are required to run 24 hours a day, 7 days a week.

The proposal presented to Council is likely to occur more regularly as some of the smaller village areas experience a reduced commercial activity and an increase in residential living, which are both permissible landuses within the 2(v) Village zone.

The potential conflicts associated with noise will need to be monitored and dealt with, hopefully in a sympathetic and understanding way to ensure both competing landuses may continue to co-exist without one landuse being considered “superior” to the other.

Parking issues raised in submissions are not considered to be valid as:

· precedent exists for on-street parking at this location;

· the building is some distance from pedestrian crossing and will have no adverse impacts; and

· there is access to the property via a rear lane (Adams Lane).

(c) the suitability of the site for the development

The site is serviced and reasonably flat and level and is therefore considered to be unconstrained. There are no constraints which would preclude developing the land for the purpose of a mixed classification building with combined residential and commercial components.

Given that the buildings already exist, fire separation between adjoining buildings will need to be carefully considered to provide the highest possible level of fire protection to prevent the spread of fire between buildings.

(d) any submissions made in accordance with the Act or the regulations

The application has been notified to adjoining landowners for a period of 14 days. Four submissions were received regarding the proposed development. These submissions have been attached to this report.

Of these, one submission registered no objections to the proposal, with the remaining submissions being initiated from one adjacent property, and included such concerns as:

· conflicting landuse

· potential loss of commercial premises in Bowraville’s main street

· parking and noise issues

· condition of building and adequacy of natural light

In response to the issues raised, the following points are noted:

1 Pursuant to Section 79C(1)(a)(i) of the EP&A Act, the proposed use of the building is consistent with the standards for zoning in this area in accordance with Part 3 of Council’s Local Environmental Plan (LEP).

2 Pursuant to Section 79C(1)(b) of the EP&A Act, the proposed development complies with land uses and activity in the locality; precedent exists for mixed commercial and residential classification for buildings in this area.

3 Pursuant to Section 79C(1)(b), off-street parking access is possible from lane at rear of property, the use of rear-lane access for parking purposes is common in this area. A garage for parking of vehicles is part of this proposal.

4 No records of noise complaints against neighbouring dwelling(s) by current occupant are registered on Council’s Customer Request System. Any such complaints would be dealt with under the Protection of the Environment Operations (Noise Control) Regulation 2000.

5 Pursuant to Section 79C(1)(b) of the EP&A Act, amenity issues can be addressed through normal DA approval process.

6 Residential component of building will be required to comply with appropriate BCA obligations for fire safety, facilities, light and ventilation and for protection from the spread of fire between residential and commercial components of building. Acknowledging that the development involves an existing building, it is not proposed for Council to require complete compliance with the BCA, but more to achieve an acceptable level of occupant safety.

7 No intention exists to serve a demolition order on the existing building, which has been used as a residence since 1997. Council encourages the recycling of existing buildings under the principles of environmental sustainability.

(e) the public interest

Council has the responsibility of balancing competing interests to prevent inappropriate development, while allowing individual landowners the opportunity to develop their land. A consistent application of development standards is important for Council to demonstrate that it is acting in the public interest.

SUSTAINABILITY ASSESSMENT:

Environment

The proposed development will have no adverse impacts on the natural environment. The recycling of existing buildings is encouraged under the principles of environmental sustainability.

Social

No adverse impacts anticipated from this application.

Economic

There are no economic implications arising from the proposed development. However, there may be costs to Council depending on the outcome of the determination and if an appeal is lodged by the applicant.

Risk

The adoption of a consistent approach to development control, combined with a proper assessment under Section 79C of the EP&A Act 1979, will mitigate any risks to Council that may arise following determination of an application.

FINANCIAL IMPLICATIONS:

Direct and indirect impact on current and future budgets

There may be financial implications to Council arising from the determination of the development application. In accordance with the provisions of the EP&A Act, the applicant has the right of appeal should they be unhappy with the decision of Council.

Source of fund and any variance to working funds

Not applicable.

DETAILS OF CONDITIONS OF CONSENT

PARAMETERS OF THIS CONSENT

1 Development is to be in accordance with approved plans

The development is to be implemented generally in accordance with the plans and supporting documents set out in the following table except where modified by any conditions of this consent.

Plan No/Supporting Document	Version	Prepared by	Dated
Plan No 486 1-10	1	Dex Consulting	March 2008

In the event of any inconsistency between conditions of this development consent and the plans/ supporting documents referred to above, the conditions of this development consent prevail.

The approved plans and supporting documents endorsed with the Council stamp and authorised signature must be kept on site at all times while work is being undertaken.

2 Consent Granted For Works within the Road Reserve

This development consent includes the works within the road reserve set out in the table below. The work must be carried out in accordance with the standard specified in the column opposite the work. All works are to include the adjustment and/or relocation of services as necessary to the requirements of the appropriate service authorities.

Work	Standard to be provided
Driveway	10 metres wide. Paving to be 100mm thick reinforced with construction joints to suit service trenches. The footpath crossing must be designed to provide a cross-fall of 1 % or 1:100 (maximum 2.5% or 1 in 40) for a width of at least 2.4 metres to provide for pedestrians with access disabilities.

3 Compliance with Building Code of Australia and insurance requirements under Home Building Act 1989

a All building work must be carried out in accordance with the requirements of the Building Code of Australia as in force on the date the application for the relevant construction certificate or complying development certificate was made.

b In the case of residential building work for which the Home Building Act 1989 requires there to be a contract of insurance in force in accordance with Part 6 of that Act, that such a contract of insurance is in force before any building work authorised to be carried out by the consent commences.

This condition does not apply:

a to the extent to which an exemption is in force under clause 187 or 188, subject to the terms of any condition or requirement referred to in Clause 187 (6) or 188 (4), or

b to the erection of a temporary building.

4 Notification of Home Building Act 1989 requirements

Residential building work within the meaning of the Home Building Act 1989 must not be carried out unless the principal certifying authority for the development to which the work relates (not being the council) has given the council written notice of the following information:

a in the case of work for which a principal contractor is required to be appointed:

i the name and licence number of the principal contractor, and

ii the name of the insurer by which the work is insured under Part 6 of that Act,

b in the case of work to be done by an owner-builder:

i the name of the owner-builder, and

ii if the owner-builder is required to hold an owner-builder permit under that Act, the number of the owner-builder permit.

If arrangements for doing the residential building work are changed while the work is in progress so that the information notified above becomes out of date, further work must not be carried out unless the principal certifying authority for the development to which the work relates (not being the council) has given the council written notice of the updated information.

5 Existing buildings to be bought into compliance with fire safety provisions

In accordance with Clause 94 of the Environmental Planning & Assessment Regulation 2000 Council requires the existing building(s), subject to a development application, be bought into total compliance with the fire safety provisions of the Building Code of Australia Part C1 and Table C1.1 of BCA Vol 1.

THE FOLLOWING CONDITIONS ARE TO BE COMPLIED WITH PRIOR TO ISSUE OF A CONSTRUCTION CERTIFICATE FOR BUILDING WORKS

6 Sewer main to be relocated or protected

The application for a Construction Certificate is to include Structural Engineer's details and a certificate certifying that the design for the footings has taken into account the effect on the garage, should excavation of the sewer line be necessary, see special conditions re position of garage & sewer main.

7 Plans and Specifications for Fire Protection

Plans and specifications to be submitted to Council showing:

a methods of attaining compliance with:

i Part C1, C2 and C3 of BCA 2008 (Vol. 1) for separating wall between residential (Class 4) and commercial (Class 6) with regards to protection from spread of fire between buildings, and,

ii Part F5 of BCA 2008 (Vol 1) for sound insulation of separating wall between residential and commercial components;

b Finished edge of external wall of proposed garage to be located no less than 1 metre from Council sewer main; and

c Double glazing of bedroom windows to assist in sound attenuation.

THE FOLLOWING CONDITIONS ARE TO BE COMPLIED WITH PRIOR TO ANY BUILDING OR CONSTRUCTION WORKS COMMENCING

8 Plumbing Standards and requirements

All Plumbing, Water Supply and Sewerage Works are to be installed and operated in accordance with the Local Government Act 1993, the NSW Code of Practice for Plumbing and Drainage and AS/NZS 3500 Parts 0-5, the approved plans (any notations on those plans) and the approved specifications.

The plumber must obtain a Plumbing Permit at least two (2) working days prior to commencing work in accordance with the Local Government Act and the NSW Code of Practice for Plumbing and Drainage. The proponent must ensure the plumber has obtained a Plumbing Permit prior to commencing work on the site.

9 Residential building work

Building work that involves residential building work (within the meaning of the Home Building Act 1989) must not be carried out unless the Principal Certifying Authority:

a in the case of work to be done by a licensee under that Act:

i has been informed in writing of the licensee’s name and contractor licence number, and

ii is satisfied that the licensee has complied with the requirements of Part 6 of that Act, or

b in the case of work to be done by any other person:

i has been informed in writing of the licensee’s name and contractor licence number, and

ii has been informed in writing of the person’s name and owner-builder permit number, or

iii has been given a declaration, signed by the owner of the land, that states that the reasonable market cost of the labour and materials involved in the work is less than the amount prescribed for the purposes of the definition of owner-builder work in Section 29 of that Act, and is given appropriate information and declarations under paragraphs (a) and (b) whenever arrangements for the doing of the work are changed in such a manner as to render out of date any information or declaration previously given under either of those paragraphs.

Note: The amount referred to in paragraph (b) (iii) is prescribed by regulations under the Home Building Act 1989. As at the date on which this Regulation was Gazetted that amount was $5,000. As those regulations are amended from time to time, so that amount may vary.

A certificate purporting to be issued by an approved insurer under Part 6 of the Home Building Act 1989 that states that a person is the holder of an insurance policy issued for the purposes of that Part is, for the purposes of this clause, sufficient evidence that the person has complied with the requirements of that Part.

10 Erosion & sediment measures

Erosion and sedimentation controls are to be in place in accordance with Managing Urban Stormwater - Soils and Construction Vol. 1, 4th Edition prepared by Landcom.

11 Toilet facilities

Toilet facilities are to be provided, at or in the vicinity of the work site at the rate of one toilet for every 20 persons or part of 20 persons employed at the site. Each toilet provided must be a toilet connected to an accredited sewage management system approved by the Council.

12 Site construction sign required

A sign or signs must be erected before the commencement of the work in a prominent position at the frontage to the site:

a showing the name, address and telephone number of the principal certifying authority for the work, and

b showing the name of the principal contractor (if any) for any building work and a telephone number on which that person may be contacted outside working hours, and

c stating that unauthorised entry to the work site is prohibited.

The sign is to be maintained while the building work, subdivision work or demolition work is being carried out, but must be removed when the work has been completed. No sign is to have an area in excess of one (1) m².

THE FOLLOWING CONDITIONS ARE TO BE COMPLIED WITH DURING CONSTRUCTION

13 Construction times

Construction works must not unreasonably interfere with the amenity of the neighbourhood. In particular construction noise, when audible on adjoining residential premises, can only occur:

a Monday to Friday, from 7.00 am to 6.00 pm.

b Saturday, from 8.00 am to 1.00 pm.

No construction work is to take place on Sundays or Public Holidays.

14 Builders rubbish to be contained on site

All builders rubbish is to be contained on the site in a ‘Builders Skips’ or an enclosure. Building materials are to be delivered directly onto the property. Footpaths, road reserves and public reserves are to be maintained clear of rubbish, building materials and all other items.

15 Maintenance of sediment and erosion control measures

Sediment and erosion control measures must be maintained at all times until the site has been stabilised by permanent vegetation cover or hard surface.

16 Measures to control stormwater runoff

Measures must be put in place to control stormwater runoff. These control measures must be in place prior to the commencement of works so as to prevent soil erosion and the transport of sediment from the site into either:

a adjoining land

b natural drainage courses

c constructed drainage systems, or

d waterways.

All disturbed areas must be stabilised and revegetated. Turfing or another approved seeding method must be undertaken in each part of the development within 7 days of completion of earthworks. Topsoil must be preserved for site revegetation. Details of sediment control measures and revegetation works must be submitted to the Principal Certifying Authority for approval prior to release of the Construction Certificate.

17 Survey of building location required

This condition relates specifically to the proposed garage. A survey certificate prepared by a registered surveyor is to be submitted to the Principal Certifier upon completion of the floor slab formwork, before concrete is poured, to ensure the siting of the building in relation to adjacent boundaries is in accordance with the development consent.

18 Stormwater drainage work

Stormwater must be collected and disposed of to the kerb and gutter via a suitably manufactured kerb adaptor. Drainage lines within the road reserve must be sewer class or other approved equivalent. All drainage works are to be installed by a suitably qualified person and in accordance with the requirements of AS/NZS 3500.3:2003 - Plumbing and drainage, Part 3: Stormwater drainage.

THE FOLLOWING CONDITIONS ARE TO BE COMPLIED WITH PRIOR TO OCCUPATION OF THE BUILDING

19 Works to be completed

All of the works indicated on the plans and granted by this consent, including any other consents that are necessary for the completion of this development, are to be completed and approved by the relevant consent authority/s prior to the issue of an Occupation Certificate. The bond paid for this application will be held until Council is satisfied that no further works are to be carried out that may result in damage to Council’s road/footpath reserve.

20 Sewer and water to be connected

Sewer and water supply is to be connected to the premises in accordance with an approval granted under Section 68 of the Local Government Act 1993.

21 Smoke Alarms

Interconnected and automatic hard wired smoke alarms to be fitted to Class 4 and Class 6 buildings in accordance with Part 3.7.2 of BCA 2008 (Vol. 1)

THE FOLLOWING CONDITIONS ARE TO BE COMPLIED WITH AT ALL TIMES

22 Premises not to be converted to dual occupancy

The premises are not to be converted for use for dual occupancy purposes without the prior consent of Council.

REASONS

1 To comply with the provisions of Nambucca Local Environmental Plan 1995.

2 To ensure that the movement of traffic along the public road is not interfered with by activities relating to the development, and/or to comply with traffic regulations.

3 To preserve the environment and existing or likely future amenity of the neighbourhood.

4 To provide and/or maintain an adequate drainage network that will not cause damage to existing or future development.

5 To ensure adequate access to and from the development.

6 To ensure that the land or adjoining land is not damaged by the uncontrolled discharge of runoff of stormwater from any buildings and paved areas that may be constructed on the land.

7 To protect the environment.

8 To preserve the amenity of the area.

9 To ensure public health and safety.

10 To ensure compliance with the Roads Act 1993.

11 To ensure the garage is located wholly within boundary of subject property, without encroachment onto adjoining land.

Attachments:

There are no attachments for this report.

Time	Description	Where OS/CC	Item No	Page
7.45 am	Inspection of Coronation Park amenities. Arriving on site at 8.00am	OS	8.2	4
8.30 am	Policy Reviews On-site Sewage Management Plan Animal Management Plan	CC	9.2 and 9.3	10 and 39
9.00 am	RICHARD HOLLOWAY (Arts Mid North Coast) Presentation to new Councillors	CC	8.1	2
9.30 am -9.45 am	Morning Tea & Introduction of New Staff (Stephen Fowler - Engineering Designer)
10.00 am - 11.00 am	Buz Brazel Park	OS	10.2	93
11.30 am - 12.00 noon	Fig Trees Bellevue Dr & meet residents	OS	10.1	74
1.00 pm - 2.00 pm	Cow Creek Road to view Valla Growth Area proposal	OS	9.4	61
2.15 pm-2.45 pm	Inspection of Excavation at rear of Nambucca Entertainment Centre	OS	8.3	6
3.00 pm -3.15 pm	Presentation to Council by Life Education - thank you for Council support	CC	9.1	8
3.30 pm - 4.30 pm	DA 2008/269 - 48 High Street, Bowraville	OS	9.5	63

1View	21678/2008 - Seeking comments into the removal of fig trees from Bellevue Drive Macksville data letter
2View	23366/2008 - Submission in relation to the removal of fig trees in Bellevue Drive - K Giles
3View	23458/2008 - Submission in relation to the removal of fig trees in Bellevue Drive - T Johnson, A Bergin & H Gosson
4View	23361/2008 - Submission in relation to the removal of the fig trees in Bellevue Drive - J & L Lyttle
5	23204/2008 - Submission in relation to the removal of fig trees in Bellevue Drive, Macksville - Milliss