Nambucca River, Creeks, Estuaries and Coastline Management Committee Meeting - 28 May 2010
AGENDA Page
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
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
DISCLOSURE OF INTEREST AT MEETINGS
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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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Council’s Email Address – council@nambucca.nsw.gov.au
Council’s Facsimile Number – (02) 6568 2201
(Instructions and definitions are provided on the next page).
Definitions
(Local Government Act and Code of Conduct)
Pecuniary – An interest that a person has in a matter because of a reasonable likelihood or expectation of appreciable financial gain or loss to the person or another person with whom the person is associated.
(Local Government Act, 1993 section 442 and 443)
A Councillor or other member of a Council Committee who is present at a meeting and has a pecuniary interest in any matter which is being considered must disclose the nature of that interest to the meeting as soon as practicable.
The Council or other member must not take part in the consideration or discussion on the matter and must not vote on any question relating to that matter. (Section 451).
Non-pecuniary – A private or personal interest the council official has that does not amount to a pecuniary interest as defined in the Act (for example; a friendship, membership of an association, society or trade union or involvement or interest in an activity and may include an interest of a financial nature).
If you have declared a non-pecuniary conflict of interest you have a broad range of options for managing the conflict. The option you choose will depend on an assessment of the circumstances of the matter, the nature of your interest and the significance of the issue being dealt with. You must deal with a non-pecuniary conflict of interest in at least one of these ways.
· It may be appropriate that no action is taken where the potential for conflict is minimal. However, council officials should consider providing an explanation of why they consider a conflict does not exist.
· Limit involvement if practical (for example, participate in discussion but not in decision making or visa-versa). Care needs to be taken when exercising this option.
· Remove the source of the conflict (for example, relinquishing or divesting the personal interest that creates the conflict or reallocating the conflicting duties to another officer).
· Have no involvement by absenting yourself from and not taking part in any debate or voting on the issue as if the provisions in section 451(2) of the Act apply (particularly if you have a significant non-pecuniary conflict of interest).
Nambucca River, Creeks, Estuaries and Coastline Management Committee Meeting |
28 May 2010 |
Question with Notice
ITEM 4.1 SF1496 280510 Boat Ramps for Macksville
AUTHOR/ENQUIRIES: Barbara Parkins, Executive Assistant
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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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.
Nambucca River, Creeks, Estuaries and Coastline Management Committee Meeting |
28 May 2010 |
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
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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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
There are no attachments for this report.
Nambucca River, Creeks, Estuaries and Coastline Management Committee Meeting |
28 May 2010 |
Director Environment & Planning's Report
ITEM 5.2 SF1496 280510 Report on Outstanding Items 14 May 2010
AUTHOR/ENQUIRIES: Jacqui Ashby, Environmental Compliance Officer
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
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That the list of outstanding actions be noted and received by the Committee.
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File no |
Committee Meeting |
Summary of Matter |
Action By |
Status |
1 |
SF612 |
29.05.07 |
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? |
DEP |
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. |
2 |
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29.05.07 |
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. |
DEP |
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2 cont |
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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. |
3 |
SF612 |
06.03.08 |
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 |
DEP |
Paper been prepared and will be discussed at the technical level prior to presentation at this committee. |
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SF1267 |
6.04.09 |
Road depth flood markers to be installed at Factory Bridge, Taylors Arm to increase warning for motorists to 6 mts |
DES |
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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SF1267 |
6.04.09 |
Query on projects completed by organisations, government department, funded or non funded, successful and unsuccessful, on or along the Nambucca River for assessment. |
DEP |
List of projects in report in main agenda |
6 |
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 |
BoM has done a temporary upgrade with a permanent gauge to be installed soon. |
7 |
SF1267 |
6.08.09 |
Council write to NSW Waterways to ask them to clear stumps and other debris that may hinder navigation on the Nambucca River. |
DES |
Noted some of the obstacles have been marked with buoys by NSW Waterways |
There are no attachments for this report.
Nambucca River, Creeks, Estuaries and Coastline Management Committee Meeting |
28 May 2010 |
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
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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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
There are no attachments for this report.
Nambucca River, Creeks, Estuaries and Coastline Management Committee Meeting |
28 May 2010 |
Director Environment & Planning's Report
ITEM 5.4 SF1338 280510 Lower Nambucca Flood Study Update
AUTHOR/ENQUIRIES: Greg Meyers, Director Environment and Planning
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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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
There are no attachments for this report.
Nambucca River, Creeks, Estuaries and Coastline Management Committee Meeting |
28 May 2010 |
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
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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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.
There are no attachments for this report.
Nambucca River, Creeks, Estuaries and Coastline Management Committee Meeting |
28 May 2010 |
Director Environment & Planning's Report
ITEM 5.6 SF1184 280510 Nambucca Coastal Hazard Management Plan
AUTHOR/ENQUIRIES: Greg Meyers, Director Environment and Planning
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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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.
There are no attachments for this report.