The following document is the minutes of the Council meeting held on 26 July 2012.  These minutes are subject to confirmation as to their accuracy at the next meeting to be held on 15 August 2012 and therefore subject to change.  Please refer to the minutes of 15 August 2012 for confirmation.





Cr Rhonda Hoban (Mayor)

Cr John Ainsworth

Cr Martin Ballangarry OAM

Cr Janet Court

Cr Brian Finlayson

Cr Paula Flack

Cr Anne Smyth

Cr Elaine South





Michael Coulter (General Manager)

Greg Meyers (Assistant General Manager Corporate & Community Services)

Paul Gallagher (Assistant General Manager Engineering Services)

Monika Schuhmacher (Minute Secretary





Pastor Peter Lott (Christian Life Centre) offered a prayer on behalf of the Nambucca Minister's Association.





Councillor R Hoban declared a non-pecuniary less significant conflict of interest in Item 9.2 Nambucca Heads High School Proposed Information Sign under the Local Government Act as Cr Hoban has children enrolled at Nambucca Heads High School


Councillor PF Flack declared a non-pecuniary less significant conflict of interest in Item 10.4 Report on Exploration Licence Application (4581) under the Local Government Act as Cr Flack’s property falls within the area covered by the mining exploration licence application.


Councillor Smyth declared a non-pecuniary less significant conflict of interest in Item 10.5 Flying Fox Plan of Management, Bowraville under the Local Government Act for reasons that some members of the community have a perception that because her sister-in-law, Ms Joy van Son, works for LandCare, she will financially benefit if Council adopts the Flying Fox Plan of Management for Grassy Park, Bowraville.  As this is not the case, there is no pecuniary interest to be disclosed,.  Although she believes she does not have any conflict of interest in this matter, she has chosen to declare a non pecuniary less significant conflict, in case there is a public perception that there is a conflict of interest in any form with regard to her relationship with Ms van Son.



CONFIRMATION OF MINUTES - Ordinary Council Meeting 11 July 2012


3451/12 RESOLVED:       (South/Flack)


That the minutes of the Ordinary Council Meeting of 11 July 2012 be confirmed.







3452/12 Resolved:       (Court/South)


That the following Public Forum and Delegations be heard:


Public Forum:      Ms Rita Spencer - U3A on behalf of U3A



a)       ITEM 9.2      Nambucca Heads High School - Proposed Information Sign

          i)        Ms Sue Jenvey - School Sign on behalf of President NH High School P&C

          ii)       Mr Neil Gerrard - School Sign on behalf of NH High School


b)       ITEM 10.4    Report on Exploration Licence Application (4581) - 100 Units 51KM NNW Kempsey by PMR3 Pty Ltd

          i)        Mr Glen Schaefer


c)       ITEM 10.5    Endorsement of Flying Fox Plan of Management - Grassy Park, Bowraville

          i)        Mr John Tait

          ii)       Ms Dianne Glennon

          iii)      Ms Joy van Son

          iv)      Mr Rob Turnell – Objecting to Plan of Management


PUBLIC FORUM:  Ms Rita Spencer addressed Council making the following points:

·    U3A founded on a French idea

·    Learning activities for retirees

·    Life long learning for a healthy retirement

·    344 members

·    Fastest growing sector of adult education in the Nation

·    Offering 43 subjects across broad interest

·    Need a permanent base/headquarters/rooms

·    Can contribute to economy and growth of area, but need a home base

·    Asks Council for possibilities to assist with assets/premises

·    Hopes Council can identify a way forward for our U3A

·    Currently function from 6-7 different venues all over Nambucca Heads


3453/12 Resolved:       (Flack/Court)


That Council receive a report as to any potential opportunities which may exist for Council to assist the U3A in finding permanent premises.





Ms Sue Jenvey addressed Council making the following points:

·    Representing school, parents and pupils

·    School located in dead end road

·    Sign could be unlocked and pulled down

·    Similar to Nambucca Heads Primary School

·    Will be kept clean

·    Could install a solar powered security camera

·    Cost $8,000 – funds have been raised for this sign

·    Fortnightly newsletter only way of communicating with parent

·    Sign could also inform other members of the community

·    Sign goes a long way to cementing relationships between school and parents and community

·    Wants parents to engage with school

·    Unfair to disadvantage NH High School over other schools in the Shire that already have signs

·    Options to be considered by Council

·    Sign would be near the school


Mr Neil Gerrard addressed Council making the following points:

·    Head Teacher at NH High School

·    Coordinating the funding of this project

·    Role is to improve communication in the School

·    450 students, 80 staff

·    Very large organisation and interact with many other groups

·    Assumption that all people are on line – many in community are not on line Sign would communicate to those that usually miss out

·    Invites members of Council to visit the School and witness the good things the School offers



ITEM 9.2      SF96                  260712      Nambucca Heads High School - Proposed Information Sign

3454/12 RESOLVED:       (Finlayson/Ainsworth)


That Council support the school and find an appropriate place for the sign and conduct an onsite inspection of same.






Mr Glen Schaefer addressed Council making the following points:

·    Bringing inaccuracies in the report to Council’s attention

·    Exploration is for antimony and gold and will table the appropriate report at this meeting

·    Referred to other mining projects same company is pursuing in the Shire

·    Company’s work program has also been supplied

·    Department of Energy and Resources admit that exploration is for a very large antimony deposit in the area

·    Staff member’s claim they had spoken with company is not substantiated by the company

·    Some land acquisition and titles management may be an outcome

·    Encourages Council to investigate more thoroughly and accurately

·    Will be making a formal complaint to General Manager about a staff member

·    Second part of report – environmental damage – downplayed by staff member who wrote the report


ITEM 10.4    SF757                260712      Report on Exploration Licence Application (4581) - 100 Units 51KM NNW Kempsey by PMR3 Pty Ltd

 MOTION:     (Flack/Smyth)


That Council send the report back to author and request that two specific requests (Council meeting 28 June 2012) from Council be addressed regarding the antimony mining in the Kempsey local government area and whether Council can legally advise property owners of the lodgement of an exploration licence application.


The motion was LOST.





Mr John Tait addressed Council to a prepared statement a copy of which is on file SF430:


Ms Dianne Glennon addressed Council making the following points:

·    Bats pose dangers to urban societies

·    Tabled notice from paper

·    Plan of Management is not wanted by Bowraville residents

·    Consider health and safety of children of Bowraville.


Ms Joy van Son – the General Manager tabled and read a submission on behalf of Ms van Son.  A copy of the submission is on File SF430.


Mr Rob Turnell addressed Council making the following points:

·    Copy of his letter was circulated with the report

·    Decision by Council is a matter of well being

·    Does not believe buffer zones work

·    Wrong trees have been planted

·    Pleas with Council to make a decisions on well being of humanity and not on the pest.


ITEM 10.5    SF430                260712      Endorsement of Flying Fox Plan of Management - Grassy Park, Bowraville

Motion:      (Ainsworth/South)


That the matter be deferred to an onsite inspection at Bowraville, specifically to look at trees, the species and where they have been planted.


Amendment:       (Flack/Smyth)


That Council adopt the Plan of Management with a proviso that planting in Zone 3a be of species with a height of less than 3m at maturity.  Further, that Council has an onsite inspection.


The amendment was LOST.


The motion was put and it was:


3455/12 Resolved:       (Ainsworth/South)


That the matter be deferred to an onsite inspection at Bowraville, specifically to look at trees, the species and where they have been planted.



3456/12 Resolved:       (Ainsworth/Finlayson)


That the State Government be asked to develop a State-wide policy to address the issue of flying foxes in NSW and in particular their impact on urban communities.






There were no Questions with Notice.




There were no Questions for Closed Meeting where due Notice has been received.



The meeting adjourned at 7.39 pm.

The meeting resumed at 8.15 pm.

General Manager Report


ITEM 9.1      SF959                260712      Outstanding Actions and Reports

3457/12 RESOLVED:       (Court/Finlayson)


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



Item 9.2 was dealt with under Delegations.




ITEM 9.3      SF894                260712      NSW Independent Local Government Review Panel - "Strengthening Your Community" - Initial Consultation Paper

3458/12 RESOLVED:       (Ainsworth/South)


That Council make a submission in response to the “Strengthening Your Community” Discussion Paper incorporating the discussion in this report and in particular the proposed responses to the three (3) listed questions.




ITEM 9.4      SF42                  260712      September 2012 Local Government Elections - Caretaker Provisions

3459/12 RESOLVED:       (Flack/Smyth)


That the information concerning the caretaker period commencing on Friday 10 August and ending on Saturday 8 September 2012 be received.




ITEM 9.5      SF1031              260712      Donations Policy

3460/12 RESOLVED:       (Flack/Ballangarry)


That the Draft Donations Policy be placed on public exhibition for 21 days subject to the suggested changes:


                   Delete:         3.3     Public notice is not required if:…..

     7.0     Photocopying: Council provides …...  This copying will be in black and    white           only.  No colour copying to be provided.




ITEM 9.6      SF394                260712      Review Of Investment Of Surplus Funds Policy & Strategy

3461/12 RESOLVED:       (Court/Ballangarry)


That Council adopt the Investment of Surplus Funds Policy and Strategy.




ITEM 9.7      PRF54                260712      Use of Boulton's Crossing Reserve as a Camping Ground

Motion:      (Flack/Smyth)


1        That Council formally terminate the Gumma (Boulton’s Crossing) Section 355 Committee of Management and the General Manager report to Council on operating arrangements for the Reserve including reviewing the camping fees; arrangements for the collection of camping fees; and signage in the reserve.


2        That in the event Council cannot obtain sufficient funding to replace the amenities and upgrade the septic system from the current funding round of the Public Reserves Management Fund, the Gumma (Boulton’s Crossing) reserve be closed to camping.


3        That the Department of Lands, the National Parks and Wildlife Service and the Member for Oxley, the Hon. Andrew Stoner MP be advised of Council’s intention.


Amendment:       (Ainsworth/Finlayson)


That Council defer a decision on this matter and make urgent representations to the Deputy Premier (the Hon Andrew Stoner MP) for assistance in resolving the issues.


The amendment was carried and it became the motion and it was:


3462/12 Resolved:       (Ainsworth/Finlayson)


That Council defer a decision on this matter and make urgent representations to the Deputy Premier (the Hon Andrew Stoner MP) for assistance in resolving the issues.




ITEM 9.8      SF1673              260712      Proposed Lease of a Section of Road Reserve to NBN Co for a Fixed Wireless Transmission Tower - 95 Little Tamban Road, Eungai Creek

3463/12 RESOLVED:       (Court/Finlayson)


1        That Council enter into a licence with NBN Co. for the use of approximately 100m2 of road reserve at 95 Little Tamban Road, Eungai Creek for a fixed wireless transmission tower subject to NBN Co undertaking community consultation in relation to the placement of the tower.  The terms of the licence to be in accordance with the proposal from NBNCo.


2        That Council’s seal be attached to any licence documentation as may be required.


3464/12 Resolved:       (Flack/Smyth)


That NBNCo be requested to provide information regarding the low lying vegetation to be cleared and any proposal for compensatory plantings.




ITEM 9.9      SF63                  260712      Goods and Services Tax Certificate 1 July 2011 - 30 June 2012

3465/12 RESOLVED:       (Hoban/Finlayson)


That the Mayor, Deputy Mayor, the General Manager and Responsible Accounting Officer be authorised to sign the Goods and Services Tax Certificate 1 July 2011 to 30 June 2012 required by the Department of Local Government.




ITEM 9.10    SF1120              260712      Grant Application Status Report

3466/12 RESOLVED:       (Finlayson/Ballangarry)


1        That the list of grant applications and their status to 13 July 2012 be received.


2        That Council approve $10,000 from the Boulton’s Crossing Reserve Account being made available as a contribution to grant funding under the Public Reserves Management Fund if the application is successful.




ITEM 9.11    SF1001              260712      Bowraville Off River Water Storage - Stage 3 Funding Approval under the Country Towns Water and Sewerage Program

3467/12 RESOLVED:       (Ainsworth/Court)


1        That Council accept the Country Towns Water Supply and Sewerage Program Stage 3 funding offer for the Bowraville Off River Water Storage.


2        That Council’s seal be attached to funding agreements as required.


3        That the Minister be thanked for the offer and the prompt response to Council’s application.


4        That Mr Paul Sekfy be again thanked for his work in securing the $10m grant from the Federal Government.




General Manager Report – LATE


ITEM 9.12    SF399                260712      Reduced 2012/2013 Financial Assistance Grant

3468/12 RESOLVED:       (Ainsworth/Finlayson)


1        Council note the advice that the 2012/2013 Commonwealth Financial Assistance Grant is foreshadowed to be $191,545 less than the budgeted provision.


2        Council make representations to the Commonwealth Minister for Regional Australia, Regional Development and Local Government, the Hon Simon Crean MP, about the foreshadowed loss of revenue and its impact on this Council.


3        If the reduction in grant income is confirmed, that the report on the September 2012 budget review consider budgetary options to respond to this loss of revenue.




Director Environment and Planning Report


ITEM 10.1    SF1709              260712      Outstanding DA's greater than 12 months, applications where submissions received not determined to 13 July 2012

3469/12 RESOLVED:       (Court/Finlayson)


1          That the list of outstanding development applications (in excess of 12 months old) be noted and received for information by Council


2          That the applications where submissions have been received be noted and received for information by Council.




ITEM 10.2    SF1709              260712      DA's and CDC's Received and Determined under Delegated Authority from 13 July 2012

3470/12 RESOLVED:       (Finlayson/Ainsworth)


That Council note the Development Applications/Complying Development Applications received and determined under delegated authority.




ITEM 10.3    SF1148              260712      Contract Regulatory Officer's Report June 2012

3471/12 RESOLVED:       (Ainsworth/Finlayson)


That the report from the Contract Regulatory Officer for June 2012 be received and noted by Council.




Item 10.4 was dealt with under delegations.



Item 10.5 was dealt with under delegations.




ITEM 10.6    DA2008/139        260712      Extension of Increased Output period for APS - Macksville Precast Concrete Operations

3472/12 RESOLVED:       (Finlayson/Court)


That Council pursuant to Clause A3.4.2 of Nambucca Development Control Plan 2010 dispense with the need to advertise or notify the proposed Modification for DA 2008/139 for a further 3 month extension of the increased output from 25,000tonnes/pa to 60,000tonnes/pa as it is unlikely to increase any environmental impacts.


For the motion:                Councillors Hoban, Court, Ballangarry, Flack, Smyth, Finlayson, Ainsworth and                                      South           (Total 8)

Against the motion:          Nil




Director Environment and Planning Report – LATE


ITEM 10.7    SF1541              260712      Planning Proposal - Exceptions to Minimum Lot Sizes for Certain Rural Subdivisions

3473/12 RESOLVED:       (Finlayson/Ainsworth)


1          Pursuant to the Clause 55 of the Environmental Planning and Assessment Act 1979, Council prepare a Planning Proposal to support the proposed clause identified in this report.


2          The Planning Proposal and associated material be submitted to the Minister for Planning for consideration under Clause 56 of the Act.


3                     That in the event that a negative Gateway Determination is received, Council pursues this with its local member and also the Minister for Planning and Infrastructure.  The submissions would indicate the unnecessary red tape created by the existing arrangements and the stifling of permissible development which results from having to locate permissible uses on entirely inappropriate lot sizes.  Further it should be noted that the proposed amendment is considered with what was previously possible under council’s former LEP 1995.


For the motion:                Councillors Hoban, Court, Ballangarry, Flack, Smyth, Finlayson, Ainsworth and                                      South           (Total 8)

Against the motion:          Nil




Director Engineering Services Report


ITEM 11.1    SF86                  260712      SES – Strategic Disaster Readiness Package

3474/12 RESOLVED:       (Ainsworth/South)


That Council receive the interim report and note that a further report will be presented to Council following the discussions with the Clarence/Nambucca Regional Controller to determine any changes on the existing arrangements with Council. 




ITEM 11.2    SF769                260712      Roads and Maritime Services Block Grant Assistance for Roads - 2012/2013

3475/12 RESOLVED:       (Court/South)


That Council accept the 2012/2013 Regional Roads Block Grant allocation for $483,000 and advise the Roads and Maritime Services accordingly.




ITEM 11.3    SF42                  260712      Emergency Services Funding - NSW State Government Discussion Paper

3476/12 RESOLVED:       (Ainsworth/Finlayson)


1        That Council receive the NSW State Government discussion paper - Funding our Emergency Services and provide comment to the Assistant General Manager - Engineering Services by Friday 31 August 2012 to prepare a further report to Council to formalise a response to the State Government.


2        That the discussion paper be placed on Councils web site encouraging the general public to provide their individual submission to the discussion paper via  


3477/12 Resolved:       (Court/Flack)


That Council write to the Premier expressing its dismay at the number of important reviews that have been raised at this time requiring comment when councils are in caretaker mode pending the elections on 8 September 2012.




ITEM 11.4    SF1031              260712      Policy Review – Urban and Rural Road Naming

3478/12 RESOLVED:       (Court/Ainsworth)


1        That Council endorse the proposed name change for the Policy from Policy for Streets/Roads Naming, Road and Street Names Selection to Policy for Urban and Rural Road Naming as amended in July 2012 (Document 13884/2012).


2        That Council endorse the Policy for Urban and Rural Road Naming as amended in July 2012 (Document 13884/2012).




ITEM 11.5    SF1103              260712      Acquisition of Forests NSW Land for Off River Storage

3479/12 RESOLVED:       (Court/Ainsworth)


1          That Lots 1 and 2 in DP 1169279; Lots 183, 186, 190, 308, 309 and 310 in DP 755549: Lot 183 in DP 755540 be acquired by Council by compulsory process for an off river storage pursuant to the Land Acquisition (Just Terms Compensation) Act 1991 and Section 186 of the Local Government Act.


2          That Council agree to the purchase price of $398,000 as proposed by Forests NSW.


3          That the proposed land to be acquired be designated as operational land, and it be noted the land is not being acquired for the purpose of resale but rather for the creation of an off stream water storage.


4          That approval for the acquisition be sought from the Minister for Local Government and the Governor.


5          That mineral rights are excluded from the proposed acquisition.


6          That depending upon the timing of the government gazette notice confirming the compulsory acquisition, that Council enter into an agreement with Forests NSW to permit construction work on the land to be acquired.


7        That Council’s seal be affixed to all relevant documents.






There being no further business the Mayor then closed the meeting the time being 9.02 pm. 


Confirmed and signed by the Mayor on 15 August 2012.