Nambucca River, Creeks,
Estuaries and Coastline Management Committee Meeting - 28 May 2010
AGENDA Page
1 APOLOGIES
2 DISCLOSURE
OF INTEREST
3 CONFIRMATION OF MINUTES — Nambucca River, Creeks,
Estuaries and Coastline Management Committee Meeting – 12 February 2010
4 ASKING
OF QUESTIONS WITH NOTICE
4.1 Boat Ramps for Macksville
5 Director
Environment and Planning Report
5.1 Induction for the New Members of the Nambucca River, Creeks, Estuaries and Coastline Management Committee
5.2 Report on Outstanding Items 14 May 2010
5.3 Restoration projects and programs in the
Nambucca River Catchment
5.4 Lower Nambucca Flood Study Update
5.5 Water quality testing/Acquisition of Data
Loggers - Nambucca River
5.6 Nambucca Coastal Hazard Management Plan
NEXT MEETING
DATE – 13 August 2010
CLOSURE
NAMBUCCA SHIRE COUNCIL
DISCLOSURE OF INTEREST AT MEETINGS
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Name
of Meeting:
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Meeting
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Item/Report
Number:
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Item/Report
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declare
the following interest:
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(name)
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Pecuniary – must leave chamber, take no part in discussion
and voting.
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Non
Pecuniary – Significant Conflict –
Recommended that Councillor/Member leaves chamber, takes no part in
discussion or voting.
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Non-Pecuniary
– Less Significant Conflict –
Councillor/Member may choose to remain in Chamber and participate in
discussion and voting.
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For
the reason that
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Signed
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Date
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Council’s
Email Address – council@nambucca.nsw.gov.au
Council’s
Facsimile Number – (02) 6568 2201
(Instructions and definitions are
provided on the next page).
Definitions
(Local Government Act and Code of Conduct)
Pecuniary – An interest that a person has in a matter because
of a reasonable likelihood or expectation of appreciable financial gain or loss
to the person or another person with whom the person is associated.
(Local
Government Act, 1993 section 442 and 443)
A
Councillor or other member of a Council Committee who is present at a meeting
and has a pecuniary interest in any matter which is being considered must
disclose the nature of that interest to the meeting as soon as practicable.
The
Council or other member must not take part in the consideration or discussion
on the matter and must not vote on any question relating to that matter. (Section
451).
Non-pecuniary – A private or personal interest the council official
has that does not amount to a pecuniary interest as defined in the Act (for
example; a friendship, membership of an association, society or trade union or
involvement or interest in an activity and may include an interest of a
financial nature).
If
you have declared a non-pecuniary conflict of interest you have a broad range
of options for managing the conflict. The option you choose will depend on an
assessment of the circumstances of the matter, the nature of your interest and
the significance of the issue being dealt with. You must deal with a
non-pecuniary conflict of interest in at least one of these ways.
·
It may be appropriate that no
action is taken where the potential for conflict is minimal. However, council officials should consider providing an explanation of why they consider a conflict
does not exist.
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Limit involvement if practical
(for example, participate in discussion but not in decision making or
visa-versa). Care needs to be taken when exercising this option.
·
Remove the source of the conflict
(for example, relinquishing or divesting the personal interest that creates the
conflict or reallocating the conflicting duties to another officer).
·
Have no involvement by absenting
yourself from and not taking part in any debate or voting on the issue as if
the provisions in section 451(2) of the Act apply (particularly if you have a
significant non-pecuniary conflict of interest).
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Nambucca River, Creeks,
Estuaries and Coastline Management Committee Meeting
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28 May 2010
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Question with Notice
ITEM 4.1 SF1496 280510 Boat Ramps for Macksville
AUTHOR/ENQUIRIES: Barbara Parkins, Executive Assistant
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Summary:
An email was
received from Ms Janine Reed, Macksville Chamber of Commerce and Industry, in
relation to having more boat ramps in the Macksville area.
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Recommendation:
That the
Committee refer this matter to the Nambucca River Users Group and Maritime
for Comment.
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Discussion
At the last
Chamber of Commerce meeting we resolved to request more boat ramps in the
Macksville area. I am aware that this may also have been raised in Nambucca.
Apparently boat
ramps have been closed and not replaced and now the remaining number of ramps
is inadequate.
Director Environment and Planning Note:
Several boat ramps have been closed within Nambucca Shire in recent
time. The one at Wrights Corner as part of the RTA road upgrade at this point
and the one in River Street Macksville following a successful Public Liability
claim against Council for an incident at this boat ramp.
A range of management issues need to be considered before installing
new boat ramps, these include adequate parking and traffic management, impact
on the river and bank stability, amenity issues for surrounding properties,
costs associated with their installation to Australian Standards and the
ongoing maintenance costs as Council currently inspects the boat ramps every 3
months ad are cleaned on a 6 monthly interval.
Attachments:
There are no attachments for this report.
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Nambucca River, Creeks,
Estuaries and Coastline Management Committee Meeting
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28 May 2010
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Director Environment & Planning's Report
ITEM 5.1 SF1496 280510 induction for the new members of the nambucca river, creeks, estuaries and coastline management committee
AUTHOR/ENQUIRIES: Greg Meyers, Director Environment and Planning
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Summary:
It is
important for the new members of this committee and timely reminder for
continuing members, to understand their responsibilities and accountabilities
as a member to a Nambucca Shire Council Section 355 Committee.
The Committee
has been provided with a clear set of delegations through its Terms of
Reference which are included in the introductory section of each Agenda.
Each Committee
member operates within and must abide by the Nambucca Shire Council Code of
Conduct for Councillors, Committee Members and Staff. A hard copy of this is
circulated with this meeting Agenda Notice.
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Recommendation:
That the
Committee members note their responsibilities and accountabilities as a
member of the Nambucca River, Creeks, Estuaries and Coastline Management
Committee being a Section 355 Committee of Council.
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OPTIONS:
Not applicable
DISCUSSION:
As this is the first meeting of the new Nambucca River, Creeks, Estuaries and Coastline Management Committee, it is important that all members
are made aware of their responsibilities and accountabilities as a member of a
Section 355 Committee of Council.
Pursuant to the Local Government Act 1993 and the Nambucca Shire
Council Code of Conduct, members are required to Disclose any Pecuniary, Non
Pecuniary – Significant Conflict, or Non Pecuniary – Less Significant Conflict
prior to each meeting. The definitions for Pecuniary and Non-Pecuniary are
outlined in the Introductory Section of the Agenda and may also be viewed in
the Local Government Act and the Nambucca Shire Council Code of Conduct.
Only those members who have been appointed to the Committee have a
voting right, with the exception of the three Local Aboriginal Land Council's
who have one voting right between them and the Chairperson who does have one
ordinary vote and one casting vote if required.
The representatives of the identified Government Agencies provide
technical information and advice to the Committee as required and do not vote
on any matter.
The Committee considers reports and makes recommendations to the
Council for consideration and determination. The Committee does not direct staff
to undertake any task, appoint consultants or contractors, or expend funds
without the prior approval of Council.
The Committee is required to have regard to the Sustainability
Assessment provided with each report which considers the impact on the Environment,
Social, Economic and the Risks associated with a recommendation or matter
presented for consideration.
The Committee will from time to time deal with confidential matters,
in which case the meeting will be closed to the public and dealt with. Section
10A of the Local Government Act 1993 outlines the circumstances when a meeting
may be closed. Such confidential matters are not to be disclosed and the
individual members may be held accountable or liable should such confidential
matters be released. This is very important for those members who represent
community groups or organisations as they are unable to release the
"confidential" information back to their groups.
Unlike state and federal governments, committee members do not have
protection or privileges and may be held personally liable for defamatory
comments or accusations that may be made.
Council's Director Environment and Planning is the Secretariat for
this committee and coordinates the preparation of the Agenda, issues
invitations to other community, industry or departmental agencies for
attendance at meetings.
Any member may request an item to be listed on the Agenda via a
Notice of Motion, or Question with Notice. Both of the above must be with the
Secretariat 14 days before the scheduled meeting date to enable the matter to
be researched (if required) and/or included for discussion.
Notice of Motion and Question with Notice forms will be circulated
to all members both in hard copy and electronically. Notices of Motion are in a
particular format and the member needs to provide the relevant outline,
recommendation (draft motion) and some discussion on the matter. For Questions
with Notice, the committee members needs to be specific with the question. The
Secretariat will investigate and endeavour to provide the formal written
response, which will be included in the formal Agenda. If the Secretariat feels
the matter is outside the Terms of Reference for the Committee a response will
be prepared for the committee member and or the matter referred to the
appropriate Council Officer for attention and response.
CONSULTATION:
Nil
SUSTAINABILITY ASSESSMENT:
Environment — Not applicable
Social — Not applicable
Economic — Not applicable
Risk — Not applicable
FINANCIAL IMPLICATIONS:
Direct and indirect impact on current and future budgets — Nil
Source of fund and any variance to working funds — Nil
Attachments:
There are no attachments for this report.
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Nambucca River, Creeks, Estuaries and Coastline
Management Committee Meeting
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28 May 2010
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Director Environment & Planning's Report
ITEM 5.2 SF1496 280510 Report on Outstanding Items 14 May 2010
AUTHOR/ENQUIRIES: Jacqui Ashby, Environmental Compliance Officer
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Summary:
The following Outstanding Actions Table has
been generated from the Committee Meetings held since 2007 relating to
outstanding resolutions. Matters which are simply noted or received, are not
listed as outstanding actions. Where matters have been actioned they are
indicated with strikethrough and then removed from the report to the
following meeting.
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Recommendation:
That the
list of outstanding actions be noted and received by the Committee.
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File no
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Committee
Meeting
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Summary of Matter
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Action
By
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Status
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1
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SF612
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29.05.07
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Monitoring of tidal waters at Gumma, Council further
investigate other forms/types of loggers that could be acquired and that any
required data loggers be considered for purchase from Council’s Environmental
Levy and investigate funding opportunities. Has a funding source been found?
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DEP
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Funding application successful.
Recommendation of best type of logger to come from
consultant currently engaged in river sampling project.
Waiting for consultants report.
Final report likely to be submitted by end of
September 2009
Consultants report finalised, separate report sent to
DEP concerning several options for monitoring including a quotation for the
engagement of contractors to monitor water quality for a two year period as
opposed to purchasing, managing and operating data loggers by Council.
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2
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29.05.07
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The former Nambucca River Floodplain Management
Committee recommended that Council ask the RTA to include an evaluation of
the effect of the old highway during further flood modelling of the new
highway route with a view to installing drainage structures to relieve local
flooding.
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DEP
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Letter sent to RTA on 7 November 2008 by DES.
No reply from RTA at this stage. Matter being
followed up.
No response received as at 4 May 2009 to follow up
with the DES upon his return to work mid May.
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2 cont
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No response, new round of enquiry opened, letter sent
June 2009
No response, new letter with plan sent 16.11.09
After detailed discussions with two Officers from the
RTA in 13, 14, & 15 January 2010 the replies for the letters written in
November 08 &09 addressed another issue that Council was also enquiring
about. Several emails have now been exchanged clarifying exactly what the two
matters are. Now awaiting a reply from RTA - Pacific Highway Upgrade
Division.
The Upgrade division released their Environmental
Assessment that the RTA said covered the flood models. No other
correspondence was received for this round of enquires.
The motion to write to the Minister of Transport has
been put on hold pending outcome of these recent discussions and emails. If
no formal response by 1 February 2010 then a the matter will be referred to
the Minister.
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3
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SF612
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06.03.08
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Letters to
be sent to home owners identified in the Flood Study and Floodplain Risk
Management Plan affected by flooding to advise that there may be some state
funding available to help with the costs of raising the houses above flood levels
for $ for $ basis and to seek their interest to enable a Funding application
to be prepared for the 2009 round of funding
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DEP
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Letters
not yet sent. The DECC representative, Kevin Gibson, will prepare and present
to the Committee a report on Voluntary Home Raising. There has to be an
economic viability assessment of houses before they are included.
A draft
discussion paper has been prepared by Mr Gibson, DECC which will be refined
and presented to a future meeting of the Committee.
Paper been
prepared and will be discussed at the technical level prior to presentation
at this committee.
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4
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SF1267
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6.04.09
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Road depth
flood markers to be installed at Factory Bridge, Taylors Arm to increase
warning for motorists to 6 mts
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DES
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Matter
referred to DES who advises that the sign has been ordered and will be
installed as soon as council and staff resources permit
Instillation
been held up due to more pressing short term issues.
Depth
markers have been installed and show up to 4 mts on the western (village) side and up to 2 metres on the eastern side.
Still awaiting delivery and installation of 2-4m indicator for eastern side.
Depth indicator has been delivered
although due to other flood damage maintenance and availability of staff it
has not been installed. Once staff become available the indicator will be
installed.
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5
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SF1267
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6.04.09
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Query on
projects completed by organisations, government department, funded or non
funded, successful and unsuccessful, on or along the Nambucca River for assessment.
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DEP
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Received
3 replies. Information is not what Council asked for, the submissions just
listed the projects but not the success or failure. More time is needed to
contact each of the project managers to assess each individual project.
List of
projects in report in main agenda
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6
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SF1267
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River site
gauges be placed in at least one position on Taylors Arm River at Kings Point
and one position on Tilly Willy Creek Kings Point and also a double sided
site gauge on the eastern side of Gumma bridge, and after further investigation
may require more site gauges, as well as the upgrading of the site gauge at
the corner of Princess and River Streets Macksville
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DES
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Site
gauges have been purchased, SES have agreed to install signs starting at Gumma Rd followed by Kings Point and Taylors Arm.
All
gauges were installed early December, unfortunately due to public objection,
the Kings Point gauges have been removed and are to be replaced by a river
depth gauge at Wilsons Bridge in consultation with BoM and SES.
DES
raised the upgrading of the gauge with the Dept Of Meteorology as they are
responsible. They are arranging a replacement.
BoM has
done a temporary upgrade with a permanent gauge to be installed soon.
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7
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SF1267
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6.08.09
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Council
write to NSW Waterways to ask them to clear stumps and other debris that may
hinder navigation on the Nambucca River.
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DES
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Letter
sent 20 August, reply from NSW Waterways on 18 September asks for more
information on specific sites so they can undertake a risk assessment.
Letter
sent on 12/11/09 with detailed maps provided by the public identifying the
debris and location.
Noted some
of the obstacles have been marked with buoys by NSW Waterways
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Attachments:
There are no attachments for this report.
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Nambucca River, Creeks, Estuaries and Coastline
Management Committee Meeting
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28 May 2010
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Director Environment & Planning's Report
ITEM 5.3 SF1496 280510 Restoration projects and programs in the
Nambucca River Catchment
AUTHOR/ENQUIRIES: Jacqui Ashby, Environmental Compliance Officer
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Summary:
On the 6 April
2009 there was a query on
projects completed by organisations, government departments, funded or non
funded, successful and unsuccessful, on or along the Nambucca River. Several submissions were received and carefully grouped into projects and areas of the Nambucca River.
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Recommendation:
That the
report be noted that all projects completed along the Nambucca River have been successful.
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OPTIONS:
There are no other options
DISCUSSION:
Councils Environmental Compliance Officer contacted several
Government departments and NGO’s for a list of all projects started and
finished on or along the Nambucca river. Submissions were received from DECCW,
NRCMA, Nambucca Valley Landcare and Envirofund. All projects were overseen by
Nambucca Valley Landcare. Attached is a spreadsheet showing all finished and
on-going projects since 2007, data is sketchy prior to 2007.
CONSULTATION:
DECCW
Nambucca Valley Landcare
NRCMA
Envirofund
SUSTAINABILITY ASSESSMENT:
Environment
Protecting the riverbank from erosion and rehabilitation is
paramount to good water quality in the Nambucca River system.
Social
Increased water quality promotes healthier residents and the sense
of place and ownership of the Nambucca River to the community.
Economic
Increased quality of water is paramount for Aquaculture, commercial
fisheries and continuing tourism
Risk
The only risk is if rehabilitation projects and funding are lost and
the water quality deteriorates as a result of riverbank erosion.
FINANCIAL IMPLICATIONS:
Direct and indirect impact on current and future budgets
None as all the projects have been externally grant funded
Source of fund and any variance to working funds
Nil
Attachments:
There are no attachments for this report.
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Nambucca River, Creeks, Estuaries and Coastline
Management Committee Meeting
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28 May 2010
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Director Environment & Planning's Report
ITEM 5.4 SF1338 280510 Lower Nambucca Flood Study Update
AUTHOR/ENQUIRIES: Greg Meyers, Director Environment and Planning
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Summary:
Sinclair
Knight Merz (SKM) were contracted to undertake a comprehensive review of the
Lower Nambucca Flood Study (Watt Creek to River Mouth).
The Draft
report has been completed and is currently being reviewed by DECCW before
being presented to the Committee/Council for exhibition, which is expected in
the next 4 weeks.
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Recommendation:
That the
committee note the progress with the Lower Nambucca River Flood Study Review.
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OPTIONS:
Not applicable
DISCUSSION:
SKM were contracted in July 2009 to undertake a comprehensive review
of the Lower Nambucca River Flood Study from Watt Creek to the river mouth.
Some technical difficulties were encountered and the conversion of
the historical data to an electronic format did take some additional time and
work.
The draft was completed and referred to DECCW for review in late
January 2010. However, due to DECCW being short staffed and key personnel on
leave, they have not yet been able finalise their review. This however, should
be done in the next month after which the Draft will be presented to the
Committee and/or Council to get it out on Public Exhibition.
CONSULTATION:
DECCW
Sinclair Knight Merz
SUSTAINABILITY ASSESSMENT:
Environment
There are no environmental impacts with this information report.
Social
There are no social impacts with this information report.
Economic
There are no economic impacts with this information report.
Risk
There are no risks with this information report.
FINANCIAL IMPLICATIONS:
Direct and indirect impact on current and future budgets
There are no impacts on Council's current or future budgets with
this report.
Source of fund and any variance to working funds
The funding for this project has been made possible with a 2:1 grant
from the NSW Floodplain Management Funding Program and Council's contribution
is via the Environmental levy
Attachments:
There are no attachments for this report.
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Nambucca River, Creeks, Estuaries and Coastline
Management Committee Meeting
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28 May 2010
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Director Environment & Planning's Report
ITEM 5.5 SF765 280510 Water quality testing/Acquisition of Data
Loggers - Nambucca River
AUTHOR/ENQUIRIES: Greg Meyers, Director Environment and Planning
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Summary:
Council at its
4 March 2010 meeting adopted the following recommendation from the 12
February 2010 Nambucca River Estuary and Coastline Management Committee
meeting.
That the Nambucca River Estuary and Coastline Management Committee
recommend to Council that the preferred option for water quality monitoring
in the Nambucca River is to engage a third party to install, monitor, manage
and maintain data loggers and provide this information to Council and that a
further two quotations be received and Council take the most cost effective
quotation.
Several
attempts have been made to seek alternative quotes from companies who could
provide the same service as that proposed, however two companies declined to
quote due to the distance between their base and the Nambucca River site.
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Recommendation:
That the
Nambucca River, Creeks, Estuaries and Coastline Management Committee
recommend to Council that pursuant to Clause 4.2.2 (h) of the Nambucca Shire
Procurement Procedures Manual, it proceed to engage Greenspan from Coffs
Harbour to install, monitor, manage and maintain data loggers and provide
this information to Council as quoted, due to the unavailability of
competitive or reliable tenderers for this project.
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OPTIONS:
The committee could again recommend that additional companies be
requested to submit a quote to install, monitor, manage
and maintain data loggers and provide this information to Council.
DISCUSSION:
Council at its 4
March 2010 meeting adopted the following recommendation from the 12 February
2010 Nambucca River Estuary and Coastline Management Committee meeting.
That the Nambucca River Estuary and Coastline Management Committee
recommend to Council that the preferred option for water quality monitoring in
the Nambucca River is to engage a third party to install, monitor, manage and
maintain data loggers and provide this information to Council and that a
further two quotations be received and Council take the most cost effective
quotation
Several attempts
have been made to seek alternative quotes from companies who could provide the
same service as quoted by Greenspan. Two other companies were contacted, one
from Newcastle and the other from Sydney who both declined to submit a
quotation due to the distance and small nature of the project. indicating that
as data loggers require regular attention and are often the subject to
vandalism, the travel costs associated with this project would be significant
along with the potential loss of equipment in the event of heavy storms/local
floods.
In accordance
with Council's adopted Procurement Procedures Manual, it is proposed to utilise
the provisions of Clause 4.2.2 h. which provides Council with the ability to
Exempt this Contract from the Tendering Process.
4.2.2 h. a
contract where, because of extenuating circumstances, remoteness of locality or
the unavailability of competitive or reliable tenderers, a Council by
resolution (which states the reasons for the decision) that a satisfactory
result would not be achieved by inviting tenders.
No further
enquiries were made as other possible companies identified, are interstate.
Greenspan were
asked to review their quote considering the passage of time since the original
quote which will be available at the meeting for any member to view noting that
it is "Commercial in Confidence".
CONSULTATION:
Geco Environmental (Damon Telfer)
SUSTAINABILITY ASSESSMENT:
Environment
The Lower Nambucca Water Quality project made a number of
recommendations one of which relates to ongoing water quality monitoring. This
proposal will assist in establishing water quality and identify areas where
improvement is required for better environmental outcomes.
Social
Good river water quality is imperative to good community health.
Economic
The costs of establishing sound water quality data will provide long
term benefits for the community thereby limiting the economic costs associated
with community disease or closing of the river to oyster harvesting.
Risk
Detailed water quality data may identify specific contributors or
discharge points who through no fault of their own may be seen as contributing
to poor water quality in the river.
FINANCIAL IMPLICATIONS:
Direct and indirect impact on current and future budgets
The costs associated with this item is covered in the current
budget. Continued water quality monitoring would be the subject of a further
report and allocation of funds by Council.
Source of fund and any variance to working funds
The current budget provides the funding for this project under Job
No 843.005.
Attachments:
There are no attachments for this report.
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Nambucca River, Creeks, Estuaries and Coastline
Management Committee Meeting
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28 May 2010
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Director Environment & Planning's Report
ITEM 5.6 SF1184 280510 Nambucca Coastal Hazard Management Plan
AUTHOR/ENQUIRIES: Greg Meyers, Director Environment and Planning
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Summary:
The final
draft of the Nambucca Coastal Hazard Identification Study and Report was
presented to the 12 February 2010, Nambucca River Estuary and Coastline
Management Committee meeting when it recommended to Council to endorse the
Study, incorporate the recommendations into Council's Consolidated DCP and
proceed to call tenders for the final stages of the Coastal Hazard Management
Plan.
The Final
Coastal Hazard Study has been received, the development control
recommendations have been incorporated into the consolidated Nambucca Shire
Development Control Plan which is currently on exhibition and Tenders have now
been called for the final stages, with the Tenders closing 16 June 2010
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Recommendation:
That the
Committee note the progress with the Nambucca Coastal Hazard Management Plan
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OPTIONS:
Not applicable
DISCUSSION:
Stage 1 of the Nambucca Coastal Hazard Management Plan (Coastal
Hazard Study) has now been completed by SMEC Australia (Snowy Mountains
Engineering Company Australia). The final stages of the Plan were deferred
awaiting advice of successful grant funding which has now been received.
Tenders for the final 2 stages were called 18 May 2010 closing on 16
June 2010.
Once the Tenders have been received and assessed a recommendation
will be made to Council for engagement of the successful Tenderer.
CONSULTATION:
DECCW Staff
SUSTAINABILITY ASSESSMENT:
Environment
The final stages of the Nambucca Coastal Hazard Management Plan will
proceed with reference to the Coastal Hazard Study which will assist Council
with future urban planning and coastal management.
Social
The Nambucca Coastal Hazard Management Plan will assist the
community through the identification of sound management practices and tools
along the coastline.
Economic
The cost of not doing anything will far outweigh any mitigation
measures needed to protect the land and assets from the identified hazards.
Risk
Coastal erosion and impacts due to Climate Change provide
considerable risk for our coastline and coastal communities.
FINANCIAL IMPLICATIONS:
Direct and indirect impact on current and future budgets
There are no direct budget impacts on Council for the final Stages
as both external funding and environmental levy funds have been identified and
approved in the current budget.
Source of fund and any variance to working funds
The funds for Stages 2 & 3 of the Nambucca Coastal Hazard
Management Plan consist of grant funds and environmental levy and have been
included in the 2009/2010 budget.
Attachments:
There are no attachments for this report.