Nambucca River, Creeks, Estuaries and Coastline Management Committee Meeting –



friday, 13 May 2011 COMMENCING 9.00 AM



AGENDA                                                                                                   Page


Housekeeping and Emergency Procedures


Emergency exit points, Evacuation Plan and location of facilities




3       CONFIRMATION OF MINUTES — Nambucca River, Creeks, Estuaries and Coastline Management Committee Meeting - 15 February 2011   

4       ASKING OF QUESTIONS WITH NOTICE  —  None were received

5       Director Environment and Planning Report

5.1    Report on Outstanding Items 15 February 2011...................................................... 4

5.2    Update on Lower Nambucca Flood Study............................................................... 8

5.3    Progress on the preparation of the Nambucca Coastal Zone Management Plan and Public Information Sessions....................................................................................... 9

5.4    Reports from Committee Members and Attendees as required......................... 10     












Name of Meeting:


Meeting Date:


Item/Report Number:


Item/Report Title:






declare the following interest:






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




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



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


For the reason that















Council’s Email Address –


Council’s Facsimile Number – (02) 6568 2201


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




(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                 13 May 2011

Environment and Planning

ITEM 5.1      SF1496            130511         Report on Outstanding Items 13 may 2011


AUTHOR/ENQUIRIES:     Jacqui Ashby, Environmental Compliance Officer         




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.





That the list of outstanding actions be noted and received by the Committee.





File no



Summary of Matter







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?


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.

Contractor has been engaged. Installation targeted for week 23-27 August 2010.

Loggers installed.




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.


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.


2 cont





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.

Onsite meeting with RTA contractor 23 August 2010 to assess the issue. ECO telephoned for update 28/10/10, still being assessed.

Telephoned again 1/2/11 report still not ready.


Met RTA Staff on site on 8 April 2011. Attending was committee member Fay Lawson. Matters discussed. Outcome was RTA to provide plans and reports. Plans provided and acknowledgement that existing highway is not acting as a levee. Confirmed that the design did not provide for any additional underpasses from Old Coast Road to northern end of Nursery Road.


No further action proposed in this matter.




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


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.




Road depth flood markers to be installed at Factory Bridge, Taylors Arm to increase warning for motorists to 6 mts


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.




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.



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.




Council in adopting the Minutes from the Committee meeting of 13 August 2010, resolved to write to RTA-SKM asking to have predicted flood heights marked on electricity poles to the extent of Council’s flood mapping, extending to include Nursery and Gumma Roads, to indicate Council’s 1:100 year predicted flood height and RTA-SKM predicted 1:100 year flood height with climate change and sea level rise, highway bypass completed as an act of transparency and good faith to the community, before RTA submits proposed highway upgrade to the Planning Department for approval. In addition, Council resolved that the markers showing predicted flood levels be temporary and to be located at Kings Point and in Nursery Road where the proposed Pacific Highway crosses the Nambucca River on the eastern side of Macksville—two markers in total.



Letter written to RTA on 9 September 2010. No response as at 1 November 2010.


Following the Peer Review on the flood study , the RTA are now calling tenders for a full Flood Study to be undertaken for clarification for each of the proposed highway crossing of Warrell Creek, Nambucca River and the Kalang River.

The outcome of the full flood study will then be used to assess the original flood study done for the EIS and any new levels will be indentified.

As such the RTA have been requested to place this matter in abeyance until the new full flood study is completed.




That the Committee recommend to Council that SMEC Australia in association with Umwelt Australia be contracted to undertake the preparation of the Nambucca Coastal Zone Management Study and Management Plan being Stages 2 & 3 of the Nambucca Coastal Zone Management Plan in accordance with Council’s Consultants Brief and the submitted tender documents and price from SMEC Australia in association with Umwelt Australia


Inception meeting held with SMEC, Umwelt and DECCW and Council staff on 28 October 2010. Revised project plan to be submitted avoiding any exhibition or community meetings from 20 December 2010 and 21 January 2011. Initial community consultation included as a variation.

Community meetings start 15th February 2011 and local planning meetings begin April 2011.

See item in Agenda


There are no attachments for this report.

Nambucca River, Creeks, Estuaries and Coastline Management Committee Meeting                 13 May 2011

Environment and Planning

ITEM 5.2      SF1496            130511         Update on Lower Nambucca Flood Study


AUTHOR/ENQUIRIES:     Greg Meyers, Director Environment and Planning         




SKM were contracted to undertake the review of the Lower Nambucca Flood Study and update as required.


The Draft is now completed and will be presented to the Committee by Mr Greg Rogencamp from SKM.

(Confidential hard copies are to be mailed to all members of the committee. For others who receive this Agenda by email, if you would like an electronic copy email and she will arrange for a disk to be posted to you.)


It is proposed that the Committee recommend to Council to place the Draft on Public Exhibition for a period of 30 days.





1          That the committee recommend that Council place the Draft Lower Nambucca Flood Study Review on public exhibition for a period of at least 30 days.


2          That at the conclusion of the Exhibition period the consultants consider the submissions made and provide a report to the committee on any amendment to the Draft so the final draft may be adopted.











Mr Greg Rogencamp from SKM will be in attendance from 10am to present the Draft Lower Nambucca Flood Study Review to the committee. Mr Rogencamp will lead the committee through the processes and modelling undertaken and their outcomes and impacts for the Lower Nambucca.


Hard copies of the Draft Lower Nambucca Flood Study Review will be distributed to all members of the committee and discs will be provided for all agency attendees. Please note that the Draft is provided as a confidential document until it is presented to the committee.





Direct and indirect impact on current and future budgets


Funds from Grant and Environmental levy.



There are no attachments for this report.

Nambucca River, Creeks, Estuaries and Coastline Management Committee Meeting                 13 May 2011

Director Environment & Planning's Report

ITEM 5.3      SF1184            130511         Progress on the preparation of the Nambucca Coastal Zone Management Plan and Public Information Sessions


AUTHOR/ENQUIRIES:     Grant Nelson, Strategic Planner         




Council’s Consultants, SMEC and Umwelt have been progressing with the preparation of the Nambucca Coastal Zone Management Plan.


Questionnaires have been completed and public information sessions are scheduled for Monday 9th and Tuesday 10 May 2001.


The information sessions are a two way process for the provision of information, input and feedback  from and to the consultants as they continue to prepare the Coastal Zone Management Plan.





That the Committee note the public information sessions and progress with the preparation of the Nambucca Coastal Zone Management Plan.





SMEC Australia in conjunction with Umwelt have commenced work on a detailed plan for managing the Nambucca coastline, ensuring the community's safe enjoyment of the coast in the future.


The Coastal Zone Management Plan will explore how the effects of coastal processes operating at different scales affect facilities and infrastructure along the Nambucca coastline.


Public consultation/information sessions are being undertaken as part of this project and targeted meetings for specific communities are scheduled as follows:


·              Monday, 9 May Valla Beach Community Hall - 5:30 pm–7:30 pm;

·              20-22 Bowra Street, Nambucca Heads from 3-10 May 2001 shopfront display, with consultants available to discuss matters with individuals on Tuesday, 10 May 2011 11:00 am to 2.00 pm; and

·              Tuesday, 10 May 2011, Scotts Head Surf Club – 5:30 pm–7:30 pm.


Representatives from SMEC and Umwelt will be facilitating the information sessions.



There are no attachments for this report.


Nambucca River, Creeks, Estuaries and Coastline Management Committee Meeting                 13 May 2011

Environment and Planning

ITEM 5.4      SF1496            130511         Reports from Committee Members and Attendees as required


AUTHOR/ENQUIRIES:     Barbara Parkins, Executive Assistant         




General Business items can be raised at this time to allow Committee Members and Attendees to bring up any items for discussion as required and give a report on the activities of the organisations they are representing.





That the verbal reports as given, be noted.



























The Committee at its meeting of 28 May 2010 recommended to Council that:


Future Agendas include the opportunity for Reports from Members and Departmental updates from Attendees.


Members and Attendees are invited to submit verbal reports at the meeting.




There are no attachments for this report.