An Ordinary Meeting of the Bega Valley Shire Council will be held at Council Chambers, Bega on Wednesday, 12 June 2013 commencing at 2.00 pm to consider and resolve on the matters set out in the attached Agenda.


Peter Tegart

General Manager



4 June 2013



Cr Bill Taylor, Mayor

Cr Russell Fitzpatrick, Deputy Mayor

Cr Tony Allen

Cr Michael Britten

Cr Keith Hughes

Cr Ann Mawhinney

Cr Kristy McBain

Cr Liz Seckold

Cr Sharon Tapscott


General Manager, Mr Peter Tegart

Group Manager Infrastructure, Waste and Water, Mr Wayne Sartori

Group Manager Planning and Environment, Mr Andrew Woodley

Group Manager Community and Relationships, Ms Leanne Barnes

Minute Secretary





The Agendas for Council Meetings and Council Reports for each meeting are available from 5.00 pm one week prior to each Ordinary Meeting, on Council’s website.  A hard copy is also made available to each Library Branch and at the Bega Administration Building reception desk.

The Minutes of Committee and Council Meetings are available from 5.00pm on Council's Web Site on the Friday after the Meeting on Councils website and hard copies distributed with the Agenda for the following meeting.

1.      Please be aware that the recommendations in the Council Meeting Agenda are recommendations to the Council for consideration.  They are not the resolutions (decisions) of Council.

2.      Background for reports is provided by staff to the General Manager for his presentation to Council.

3.      The Council may adopt these recommendations, amend the recommendations, determine a completely different course of action, or it may decline to pursue any course of action.

4.      The decision of the Council becomes the resolution of the Council, and is recorded in the Minutes of that meeting.

5.      The Minutes of each Council meeting are published in draft format, and are confirmed, with amendments by Councillors if necessary, at the next available Council Meeting.

If you require any further information or clarification regarding a report to Counci, please contact Council’s Executive Assistant who can provide you with the appropriate contact details

         Phone (6499 2104) or email execassist@begavalley.nsw.gov.au.



Ethical decision making

Is the decision or conduct legal?

Is it consistent with Government policy, Council’s objectives and Code of Conduct?

What will the outcome be for you, your colleagues, the Council, anyone else?

Does it raise a conflict of interest?

Do you stand to gain personally at public expense?

Can the decision be justified in terms of public interest?

Would it withstand public scrutiny?

Conflict of interest

A conflict of interest is a clash between private interest and public duty. There are two types of conflict:

Pecuniary – regulated by the Local Government Act and Department of Local Government

Non-pecuniary – regulated by Codes of Conduct and policy. ICAC, Ombudsman, Department of Local Government (advice only).  If declaring a Non-Pecuniary Conflict of Interest, Councillors can choose to either disclose and vote, disclose and not vote or leave the Chamber.

The test for conflict of interest

Is it likely I could be influenced by personal interest in carrying out my public duty?

Would a fair and reasonable person believe I could be so influenced?

Conflict of interest is closely tied to the layperson’s definition of ‘corruption’ – using public office for private gain.

Important to consider public perceptions of whether you have a conflict of interest.

Identifying problems

1st     Do I have private interests affected by a matter I am officially involved in?

2nd    Is my official role one of influence or perceived influence over the matter?

3rd    Do my private interests conflict with my official role?


Whilst seeking advice is generally useful, the ultimate decision rests with the person concerned.

Agency advice

Officers of the following agencies are available during office hours to discuss the obligations placed on Councillors, officers and community committee members by various pieces of legislation, regulation and codes.





Bega Valley Shire Council

(02) 6499 2222




8281 5999

Toll Free 1800 463 909



Division of Local Government (DPC)

(02) 4428 4100



NSW Ombudsman

(02) 8286 1000

Toll Free 1800 451 524




TO:   The General Manager
Bega Valley Shire Council


Disclosure of pecuniary interests / non-pecuniary conflict of interests

In accordance with the Council’s Code of Meeting Practice and the requirements of the Local Government Act  and regulations or dispensation issued by the Division of Local Government  I hereby disclose the following pecuniary interests and/or non-pecuniary conflict of interests at the meeting as indicated below:

Ordinary meeting held on _____ / _____ / 20___

dd               mm                  yy


Item no & subject



Interest (tick one)

Pecuniary interest                                    Non-pecuniary conflict of interest


* Nature of interest



If Non-pecuniary  (tick one)

 Disclose & vote        Disclose & not vote          Leave chamber





Item no & subject



Interest (tick one)

Pecuniary interest                                    Non-pecuniary conflict of interest


* Nature of interest



If Non-pecuniary  (tick one)

 Disclose & vote        Disclose & not vote          Leave chamber







Print Name



*  Note:   Under the provisions of Section 451(1) of the Local Government Act 1993 (pecuniary interests) and Part 6.11 of the Model Code of Conduct prescribed by the Local Government (Discipline) Regulation 2004 (conflict of interests) it is necessary for you to disclose the nature of the interest when making a disclosure of a pecuniary interest or a non-pecuniary conflict of interest at a meeting.



Council                                                                                                                12 June 2013



1     Confirmation Of Minutes


That the Minutes of the Ordinary Meeting held on 22 May 2013 as circulated, be taken as read and confirmed.

2     Apologies and requests for leave of absence


3     Declarations

Pecuniary, Non-Pecuniary and Political Donation Disclosures to be declared and tabled.

4     Deputations (by prior arrangement)


5     Petitions

5.1              Response to Petition Eden Cove Estate........................................... 10


6     Mayoral Minutes


7        Adjournment to Standing Committees


That the Ordinary meeting of the Council be adjourned for the purpose of dealing with staff reports to Standing Committees.

8     Staff Reports – Planning and Environment (Sustainability)

In accordance with Council’s Code of Meeting Practice, this section of the agenda will be chaired by Councillor Britten

8.1              Request for Formal Resolution not to proceed with Planning Proposal - Rezoning and Classification of land off Camilla Court, Mirador to provide emergency access.............................................................. 20

8.2              White Paper - A New Planning System for NSW............................... 23

9     Staff Reports – Community and Relationships (Liveability)

In accordance with Council’s Code of Meeting Practice , this section of the agenda will be chaired by Councillor Seckold.

9.1              Funding request Montreal Goldfields................................................ 40

9.2              Police Community Youth Club (PCYC)............................................. 51

10   Staff Reports – Economic (Enterprising)

In accordance with Council’s Code of Meeting Practice, this section of the agenda will be chaired by Councillor McBain.

Nil Reports

11   Staff Reports – Infrastructure Waste and Water (Accessibility)

In accordance with Council’s Code of Meeting Practice, this section of the agenda will be chaired by Councillor Fitzpatrick.

11.1             Expression of Interest 18/13 Rural Fire Station Formal Handover...... 56

11.2             Water Supply and Sewerage Development Servicing Plans.............. 60

11.3             Proposed Purchase of Marquees for Community Use....................... 67

11.4             Pambula Sports Complex - Proposed Squash Courts....................... 70

12   Staff Reports – Governance and Strategy (Leading Organisation)

In accordance with Council’s Code of Meeting Practice, this section of the agenda will be chaired by Councillor Mawhinney

12.1             Certificate of Investments made under Section 625 of the Local Government Act 1993...................................................................... 86

12.2             Loan Borrowing Program................................................................. 90

12.3             Australian Local Government Association (ALGA) National General Assembly....................................................................................... 92

12.4             Draft Communications Strategy....................................................... 94

12.5             Ongoing Operation of the Sapphire Aquatic Centre......................... 98 .

13   Adoption of Reports from Standing Committees


That all motions recorded in the Standing Committees, including votes for and against, be adopted in by the Ordinary Council meeting.



14   Delegates Reports


15   Rescission/alteration Motions


16   Notices of Motion


17   Urgent Business


18   Questions On Notice

18.1             Edrom and Imlay Road.................................................................. 102


19   Questions for the Next Meeting


20.. Confidential Business 


Representations by members of the public regarding closure of part of meeting

Adjournment Into Closed Session, exclusion of the media and public 103

20.1             Merimbula Lands - Redevelopment option

This report is confidential in accordance with section 10A (2) (d) of the Local Government act 1993 as the report contains commercial information of a confidential nature that would, if disclosed (i) prejudice the commercial position of the person who supplied it; or (ii) confer a commercial advantage on a competitor of the Council; or (iii) reveal a trade secret.

20.2             NBN Facility Wanatta Lane

This report is confidential in accordance with section 10A (2) (d) of the Local Government act 1993 as the report contains commercial information of a confidential nature that would, if disclosed (i) prejudice the commercial position of the person who supplied it; or (ii) confer a commercial advantage on a competitor of the Council; or (iii) reveal a trade secret.


21   Adoption of reports from Closed Session

22   Resolutions to declassify reports considered in closed session


Council                                                                                                                12 June 2013





12 June 2013


5.1           Response to Petition Eden Cove Estate...................................... 10

Council 12 June 2013                                                                                           Item 5.1


5.1.          Response to Petition Eden Cove Estate     


Reporting on issues raised in a petition from residents and landowners of the Eden Cove Estate tabled at the Council Meeting of 27 February 2013, as well as subsequent related matters raised by Councillors.


General Manager  



A petition from residents and landowners of the Eden Cove Estate with 151 signatures covering 14 issues was tabled at the Council Meeting of 27 February 2013. The issues include:

·    Maintenance of Council Reserves

·    Maintenance of Private Holdings

·    Condition of Government Road

·    Intersection at Princes Highway

·    Maintenance of Street Lighting

·    Extensive Trail Bike Use

·    Tree Stands on Council Reserves

·    Neighbourhood Watch

·    Access to Lake & Beach

·    Speed Limits & Signage

·    Gutter & Nature Strip Maintenance

·    School Bus Shelters

·    Provision of Playground Equipment

·    Clearing of Surrounding Land

The petitioners request is for Council to “commence a major works program to rectify all issues forthwith.

Since the tabling of the petition, questions have arisen concerning the bonding of works over the subdivision and the release of those bonds.



Eden Cove has been the subject of a masterplanned subdivision, with various stages developed by original and subsequent owners – the latter having been embroiled in the Banksia finance collapse. To date, 5 stages have been released comprising 150 residential lots. Concerns with water storage and pressure have been the subject of discussions between the current developers (Eden Cove Developments Pty Ltd) and council staff, requiring water servicing plans to be submitted, and resulting in agreement in principle for the aggregation of the existing water tanks into a single concrete reservoir on the site, with financial assistance from Council. Ultimately, it is envisaged a single reservoir will be secured on adjacent NPWS lands to service this and adjacent developments. Council has provided letters of support to NSW government to that effect.

Since the original subdivision approval by Council, a private certifier was engaged by the developer to issue construction and compliance certificates for the staged release. Once the subdivision stages are registered, road reserves and other public land (such as drainage reserves) become the responsibility of council to maintain. Other unsubdivided or unsold land, remains the responsibility of the owner to maintain.

Responses from the developer in relation to the petition had been sought, prior to reporting to Council.

Issues Raised in the Petition

Maintenance of Council Reserves

A number of reserves and pathways have been created via subdivision and vested in Council ownership. These public reserves and pedestrian pathways have been created as per the overall masterplan.

Within the Eden Cove development there are a number of parcels which were dedicated as Public Reserves. Some of these form part of the natural drainage line while others are lightly timbered areas. As part of the overall Eden Cove development, these drainage lines were protected from erosion and sediment. As a consequence, the construction methods used now require hand maintenance rather than machinery maintenance. The level of service and maintenance in the subdivision is consistent with other areas of Eden.

In 2006 a Master Plan (approved by the Minister) for this subdivision included a Bushland Management Plan for portions of the Crown Reserves at Eden Cove. The principal objectives of this Plan were to ensure remnant riparian vegetation was rehabilitated & protected enhancing environmental, scenic and recreational values. The Plan was developed following substantial illegal clearing of areas of the site. It also included recommendations relating to asset protection zones.

In addition Council adopted the Eden Foreshores Plan of Management (2007) as required by the Crown Lands Act 1989 & LGA 1993. This Plan of Management contains general requirements and principles for the future management of foreshore reserves in the Eden area including general provisions for reserve management and weed management for the Council managed Crown reserves in the Eden Cove area.

Council's Vegetation Management team have also regularly undertaken inspection and control works across the subject land. The area is controlled for three main noxious weeds, African lovegrass, Blackberry and most recently Gorse, as well as rabbits.

Vehicle access has exacerbated the spread of weeds in this area; however recent Council works to restrict entry into public reserves should assist.

A grant application for funding in 2013/14 has been made to the State Government for weed management on Crown Reserves. An announcement is expected in 2-3 months. The inspection and control of weeds in Eden Cove is done as resources allow and is consistent with our approach for Council owned or managed land across the Shire.

Maintenance of Private Holdings

The condition of privately owned vacant land in Eden Cove is similar to many other residential areas across the Shire. There have been several local requests for Council to take action against private land holders. Each of those requests has been actioned by staff and generally resolved satisfactorily.

Asset protection zones (APZs) have been established around the estate perimeters and are regularly inspected and maintained by Council in consultation with the RFS and NPWS.

Condition of Government Road

Government Road services a small industrial area. Within this area there is a high use of large and heavy vehicles, all permissible activities. As a result of this activity the surface condition of Government Road is of less quality than that of a residential subdivision. The Eden Cove development’s only access is via this industrial area. The Eden Cove development was required to construct KB Timms Drive along with the construction of the roundabout at the intersection of Komirra Drive, Government Road and KB Timms Drive. These were all constructed to the required standards.

The comments concerning the structural integrity of the bridge over Palestine Creek have no basis. Regular inspections are undertaken on this bridge in accordance with Council’s bridge maintenance program. After every significant rain event the bridges are inspected. This bridge is one of Council’s low risk bridges, however is due for some minor maintenance work around the abutments. The petition advises Council that fully laden log trucks are passing on the bridge. If this is in fact the case, then it would seem that the width of the bridge is then sufficient for the residential traffic of Eden Cove and as such should not be an issue.

Future upgrading of Government Road must be addressed by the developer’s servicing plan (as per the overall masterplan) which staff are insisting upon prior to the lodgement of development applications for any future subdivision stages.

Intersection at Princes Highway

At no point has there been a requirement for a roundabout to be constructed at this location.

Regardless of the comments within the petition, traffic counts have been undertaken by Roads and Maritime Services (RMS) annually on the Princes Highway, in the vicinity of this intersection for many years. Council have also undertaken traffic counts in this area.

As part of the development approval, a minor intersection treatment was required to be constructed, being a BAR/BAL type intersection during Stage 1. As a consequence of the slow uptake of the building approvals during the infancy of Eden Cove, the developers sought and gained approval from Council to defer this requirement (see later section concerning “Conditions of Consent and Release of Bonds”). As part of any new approvals for future staging within the Eden Cove area, this intersection will now be required to be upgraded to meet the current guidelines (Council and RMS). These guidelines will provide an intersection treatment to minimum standard similar to those of the Mirador Estate, Tura Beach and the Glen Mia Estate. This has been conveyed to the current owners of the balance of the estate.

The pavement markings along the edges of the Princes Highway in this location allow vehicles to legally pullover and stop. There are currently no provisions for a slip lane within the current constructed configuration of the intersection.

The intersection is within the 60kph speed zone. Any alleged speeding activity is an enforcement matter for the Police.

 Infrastructure Waste and Water are unaware of any alleged contributions made by ratepayers to assist in the construction of this intersection, despite the claims made in the petition.

Future upgrading of the highway intersection must be addressed by the developer’s servicing plan (as per the overall masterplan) which staff are insisting upon prior to the lodgement of development applications for any future subdivision stages.

Maintenance of Street Lighting

Street lighting maintenance is not a matter for Council, it is a matter for Essential Energy. However, Council staff have contacted Essential Energy of behalf of the residents to make them aware of the issue. Members of the public are able to contact Essential Energy directly to request street light maintenance.

Improvements to street lighting must be addressed by the developer’s servicing plan (as per the overall masterplan) which staff are insisting upon prior to the lodgement of development applications for any future subdivision stages.

Extensive Trail Bike Use

Trail bike use is a problem in various parts of the Shire and is often difficult to manage. This location is particularly problematic with large tracts of adjoining national park and vacant land. The fencing and gating of the entire estate would be very costly for the developer and would not stop trail bikes using adjoining land.

Tree Stands on Council Reserves

Council staff responds to any concerns raised by residents about dangerous trees in public reserves. Council’s tree inspector assesses and recommends appropriate action. There is not (nor do resources allow) a routine inspection program of all trees across all public reserves in the Shire.

Neighbourhood Watch

Neighbourhood Watch is not a function of Council. Popular in many parts of Austrailia in the 1980s and 1990s, it was supported by the NSW Police Service.

In more recent times, the State Government has launched a community program called “Eyewatch”. Interested community members are encouraged to contact the Police.

Access to Lake & Beach

Legal access to Lake Curalo via dedication of public reserves and pathways has been created at various stages of the subdivision. This has been done in accordance with the overall masterplan. However maintenance of the tracks could be improved via joint efforts of Council and the Lake Curalo/Eden Foreshore community group with assistance welcome from local residents of Eden Cove.

Access to Aslings Beach via public reserves and around the edge of Lake Curalo is already in place, however there is a difficult rocky section for walkers just prior to reaching the beach proper. A future stage of the subdivision will overcome this difficulty by providing a public walking track from Eden Cove to the east of the rocky section.

Speed Limits & Signage

Council has no authority in relation to speed limits. Roads and Maritime Services have sole responsibility for all speed zones on NSW roads. The legislation for an urban environment requires a 50kph speed, unless otherwise sign posted. The signage meets the requirements of the legislation. Again, any alleged speeding is a matter for the Police.

Gutter & Nature Strip Maintenance

The street sweeper is not generally used outside the CBD areas of the towns. The street sweeper will only enter a residential area upon request from the local town teams. The Eden Cove estate is managed under the same maintenance regime as all the other residential estates within the Shire. 

Roadside maintenance is also managed in accordance with Council’s maintenance program.

School Bus Shelters

Council does not actively build bus shelters. Bus shelters are usually undertaken in the Shire, following grants from the Department of Transport. Grant applications involve consultation with and the support of bus operators and are site specific.

Other more established residential estates within the Shire have bus shelters as a result of community funding or local service groups. Bus shelters constructed by service groups have been done with and without Council funding and/or in-kind support. Where this has been the case, Council has inherited ongoing maintenance responsibilities.

Establishing the need for a shelter can be a little tricky, as it is not only about numbers, but also the type of user, transport access, frequency of utilisation, site conditions, etc. In this regard, school children are specialised and limited users, which are not given a high priority, therefore school bus routes do not attract funding for bus shelters.

It is also important to note that the cost of the shelter can often be small compared to other associated costs, such as ground work, earthworks, footpaths, road widening, access ramps, etc.

There is currently no funding available for bus shelters, nor are there any pending grant applications. 

Provision of Playground Equipment

Unlike what is stated within the petition, not all Council Reserves within the Shire have playground equipment. Council actively undertakes risk assessments on playground equipment. If they are found to be a risk or at the end of their serviceable life, some playgrounds have been removed without replacement.

Clearing of Surrounding Land

Asset protection zones (APZs) have been established around the estate perimeter’s and are regularly inspected and maintained by Council in consultation with the RFS and NPWS.

Response from Developer

The petition was forwarded to the developer of Eden Cove for comment.

In reply the Chairman of Eden Cove Developments Pty Ltd advised that “we concur with most of the issues raised and have in fact raised most of these ourselves with Council Officers over the past two years.”

On that basis, the developer should not be surprised that staff are insisting that an infrastructure servicing plan (as per the overall masterplan) must be agreed by Council, prior to the lodgement of development applications for any future subdivision stages. The infrastructure servicing plan is required to address all aspects of the construction, upgrading and maintenance of all existing and proposed public assets.

Conditions of Consent and Release of Bonds

The currently released five stages of Eden Cove were subject to a number of conditions of consent requiring public infrastructure works to be constructed or upgraded. Many of these related to works on-site such as internal roads, kerbs and gutters, public reserves and pathways, water and sewerage works, electricity, street lighting, drainage works, bus stops, and the like. Other conditions required improvements to adjoining roads including the intersection of Government Road and Komirra Drive and the intersection of Government Road and Princes Highway.

It is quite common for such works to be bonded by Council, so that in the event of the developer not undertaking those works, or the standard of construction failing, Council has the funds on call to undertake those works. Such an arrangement was in place for Eden Cove.

Many of the required public works were certified by a private certifier as being completed, whilst other public works (not yet constructed or completed) were covered by bonds. On this basis, subdivision certificates were issued by Council enabling lots to be released for sale.

Throughout the course of the Eden Cove development, various bonds were lodged with Council. These bonds were generally presented to Council in lieu of construction. The original BAR/BAL intersection was bonded for an amount of $27,600. Prior to the release of the last stages, 4B and 5, Council received advice that the developer was seeking to bond the outstanding works. These works included a type CHR/AUL intersection ($250,000), upgrade of Government Road ($65,000) and drainage works within Stage 4B ($50,000). The cost associated with the construction of the intersection was verified prior to bonding deed paper work. The bonds were signed and dated by Council and sent to the developer for signing and execution. The bonds were returned and lodged with Council on or around 11 May 2005. Bonding Deeds and Bank Guarantees were in place at the time of the release of the relevant Subdivision Certificates.

Council’s engineering staff overseeing the Eden Cove development inadvertently instructed Council’s Finance Manager through an internal memo dated 6 December 2005 to refund the Bank Guarantees for the Bonds for Stages 4A, 4B and 5, interpreted to include the maintenance and construction bonds. This error was identified via a File Note dated 12 March 2008, stating that the construction bonds held by Council for the Eden Cove development had been mistakenly refunded. The construction bonded amounts included those mentioned above, were $365,000.

Council staff now has in place measures to prevent this from reoccurring.


On balance, the maintenance of reserves (road and recreation) dedicated to Council have been maintained to standard in accord with scheduled routine maintenance. While much of the private lands, or those not yet dedicated, are the responsibility of the developer to maintain, Council staff has recognised the financing and other difficulties with the development, and assisted where appropriate.

It is acknowledged the premature release of the road infrastructure and drainage bonds were in error. Staff will continue to work with the developer to enable future release of stages and satisfactory completion of all public works.






1.         That the report on Eden Cove and progress of negotiations regarding water servicing and storage be noted.

2.         That Council progress discussions with Eden Cove Developments Pty Ltd to submit acceptable infrastructure servicing plans that will complete public works associated with the stages released to date, as well as to adequately cater for public works in future stages.






Council                                                                                                                12 June 2013



staff reports – Planning and Environment (Sustainability)


12 June 2013

In accordance with Council’s Code of Meeting Practice (2011), this section of the agenda will be chaired by Councillor Britten.  

8.1           Request for Formal Resolution not to proceed with Planning Proposal - Rezoning and Classification of land off Camilla Court, Mirador to provide emergency access........................................ 20

8.2           White Paper - A New Planning System for NSW.......................... 23

Council 12 June 2013                                                                                           Item 8.1


8.1.          Request for Formal Resolution not to proceed with Planning Proposal - Rezoning and Classification of land off Camilla Court, Mirador to provide emergency access     


The report recommends that the Minister for Planning and Infrastructure be advised that Council will not be proceeding with the Planning Proposal.


General Manager   



For a number of years, Council has been looking at options to provide emergency access to Mirador Estate and resolved at its meeting held on 8 November 2011 that:

1.      That Council acquire 125m2 from Lot 1040 DP 833411, Camilla Court Mirador, for emergency access facilitated through the owner of Lot 1039 DP 833411 in exchange for net $25,000 compensation and land offset of 1033m2 from Council Reserve 526 following its reclassification and rezoning through the CLEP. Council shall fence the access and boundary adjustment, providing suitable gating for emergency and fire access at its cost. Council will meet survey and legal costs.

2.      That Lot 1039 DP 833411 have instrument on title providing right of way for fire emergency access as indicated in the report to Council of 8 November 2011.

3.      That Council reclassify as operational land that part of Council Reserve 526 to be offset to the benefit of Lot 1039 DP 833411, following boundary adjustment.

4.      That Council authorises its official Seal to be affixed to the necessary documents, under the signature of the Mayor and the General Manager.

To facilitate the resolution, the land was required to be rezoned and reclassified and Council resolved the following at its meeting held on 17 January 2012:

1.      That Council, pursuant to Section 54 of the Environmental Planning and Assessment Act, resolve to rezone as Residential 2(a) 1033m2 of Lot 1042 DP 833411 as shown on the attached plan and reclassify the land as operational land under the Local Government Act 1993.

2.      That Council refer the planning proposal to the NSW Department of Planning to be considered by the Gateway Panel.

The Planning Proposal was prepared and referred to the Department of Planning and Infrastructure with advice received of Gateway Panel approval on 25 May 2012.

Current Status of Emergency Access

Due to the change in ownership of Lot 1040, Council was unable to secure the land to construct the emergency access.

Emergency access from Camilla Court to Berrambool Drive has now been constructed via an alternative route, following a separate decision of Council this year.

Status of Planning Proposal

As a result of the construction of the emergency access on community land, the rezoning and reclassification of 1033m2 of part Lot 1042 DP 833411 (i.e. part Council Reserve 526) Camilla Court is no longer required. The Department of Planning and Infrastructure has requested that Council formally resolve to not proceed with the Planning Proposal and advise the Department accordingly.



1View. Mirador Boundaries



1.       That Council resolve not to proceed with the Planning Proposal to rezone and reclassify 1033m2 of part Lot 1042 DP 833411 Camilla Court, Mirador.

2.       Further the Department of Planning and Infrastructure be advised of the Council resolution.



12 June 2013

Item 8.1 - Attachment 1

Mirador Boundaries



Council 12 June 2013                                                                                                   Item 8.2


8.2.          White Paper - A New Planning System for NSW     


The NSW Government has released its White Paper which documents how the new planning system in NSW will function and is seeking community feedback prior to legislation being introduced to Parliament later this year.


Group Manager Planning & Environment   



The purpose of this report is to highlight the key changes and impacts of the proposed new planning system on local government.


The NSW Government has been undertaking a review of the Environmental Planning and Assessment Act 1979. The review began in July 2011 with the establishment of an Independent Panel led by the Hon. Tim Moore and the Hon. Ron Dyer. A series of community forums and consultation informed the Green Paper, which was released in July 2012. The Independent Panel received over 1500 submissions to the Green Paper.

The NSW Government released the White Paper and draft Exposure Bill on 16 April 2013, seeking public feedback.

Councillors and staff were provided with a briefing from Brett Whitworth, Regional Director – South, from Department of Planning and Infrastructure regarding the White Paper on 15 May 2013, while staff and Cr Britten attended a briefing session in Queanbeyan on 23 May 2013.

Submissions to the White Paper and draft Exposure Bill close on 28 June 2013. Council staff will make a submission following the Council meeting incorporating any Councillor feedback.

summary of key changes

The White Paper outlines what the NSW Government is referring to as the five key ‘transformative changes’ to the planning system in NSW.

These are; Delivery Culture, Community Participation, Strategic Focus, Streamlined Approvals and Provision of Infrastructure. The following provides a brief summary of those key changes. Comprehensive information is available on the Department of Planning and Infrastructure website.


Extract from White Paper, p. 17

1. Delivery Culture

The NSW Government has identified, from public consultation undertaken throughout the review, that Delivery Culture is essential to the successful implementation and operation of a new planning system.

The White Paper identifies various initiatives to promote cultural change, including the need for training and professional development within the planning profession to assist in the shift to the new system and for the Department of Planning and Infrastructure to assume a leadership role.

There will be opportunity for local government representation on Regional Planning Boards, which will enable local input and context to regional planning matters.

Performance monitoring will also become more focused, specifically in relation to the performance of all strategic plans, including demonstrating the delivery aspects of housing completions and achieving key objectives such as protection of environmentally significant assets.

More information is available on the Department of Planning and Infrastructure website White Paper Chapter 3 - Delivery Culture

2. Community Participation

One of the major changes proposed under the new system revolves around appropriate levels of community participation, particularly at the strategic planning stage.

The new Planning Act proposes to legislate community participation through the requirement for all councils to prepare a Community Participation Plan, which will describe how the community will be actively engaged in all levels of plan making and development assessment, such as;

 -       processes for community participation for the various types of plan making and planning decisions undertaken by Council

 -       how and when the community will be informed of upcoming planning proposals and development applications

 -       ways in which the community can provide their views and participate

 -       how the community can access information about planning proposals and decisions.

The planning legislation will place a responsibility on planning authorities to act consistently with the Community Participation Charter when undertaking strategic planning and development assessment.

Guidelines will be prepared by the Department of Planning and Infrastructure which set out key standards that Council will need to meet when preparing their Community Participation Plan, and will include templates for preparation and implementation of the Plan.

It is noted that where a council has a community engagement strategy (made under the Local Government Act through the Community Strategic Plan) that complies with all the requirements of legislation, Council will not be required to prepare a separate Community Participation Plan.

Council has an adopted Community Engagement Strategy (adopted in 2010) and will also be considering a draft Communications Strategy at its meeting of 12 June 2013, which seeks to support the objectives of the Community Engagement Strategy for improved engagement with our community. Once guidelines are released from the Department of Planning and Infrastructure about the content requirements of the Community Participation Plan, staff will be able to ascertain whether Council’s current Community Engagement Strategy would satisfy the legislative requirements.

Extract from White Paper, p. 50

Other initiatives regarding community participation include;

 -       using information technology to deliver planning services, including an e-planning portal to be developed by the NSW Government.

 -       use of social media to improve access and convenience to the planning system by the community.

 -       provision of spatial data online so that homeowners can perform searches of their property to reveal all applicable development standards at once.

More information is available on the Department of Planning and Infrastructure website White Paper Chapter 4 - Community Participation

3.      Strategic planning framework

The White Paper identifies the following key changes proposed for strategic planning as:

 -       a shift to upfront evidence based strategic planning, with a focus on achieving sustainable development outcomes

 -       infrastructure that is integrated with land use so that the community has confidence that areas of growth and change will be supported by transport, infrastructure and services

 -       a partnership between the state, the community, local councils, agencies and the private sector to develop a shared vision for regions, subregions and local government areas

 -       whole of government requirements in strategic plans to improve planning outcomes and reduce the number of development applications that require multi agency concurrence, referral or approval

 -       a shift in focus to subregional planning, jointly prepared by councils and the state, where there will be direct rezoning and supporting development guides for major precincts of state or regional significance

 -       a new approach to Local Plans focused on outcomes not development controls in isolation

 -       clearly structured and transparent plans, with all development controls and zones accessible to the community and business in Local Plans

 -       strong performance monitoring and reporting to ensure that plans deliver on agreed objectives

 -       the transition of the relevant aspects of existing strategic plans and planning instruments to the new planning system.

The planning hierarchy will comprise four levels: NSW Planning Policies, Regional Growth Plans, Subregional Delivery Plans and Local Plans.

NSW Planning Policies

The NSW Planning Policies will be the equivalent to the current State Environmental Planning Policies (SEPP’s), Regional Plans and Section 117 Directions. The relevant development controls in those current documents will be incorporated into the Local Plan and will not be able to be overridden by the planning authority under delegation.

Regional Growth Plan

Plans will be developed across the state so that all areas are covered by a Regional Growth Plan. Boundaries for regions will be based on population and economic catchments. Each planning authority will need to certify that their plans are consistent with the objects and principles of the Act.

Subregional Delivery Plan

It is unlikely that the Bega Local Government Area will be part of a Subregional Delivery Plan in the short to medium term, as these plans are identified for key precincts and sites of interest to the state and/or region, for example high growth areas.


Local Plan

The key document for local government will be the Local Plan. The Local Plan will incorporate all planning provisions that apply to the Local Government Area, including strategies, planning controls, development guides and contributions, all in one document.

Extract from White Paper, p. 92

The making of some types of draft Local Plans will be routinely delegated to Councils, such as matters related to mapping alterations, spot rezoning which are consistent with an endorsed strategy and/or surrounding zones, and other matters of local significance.

Local Plans will cover a timeframe of 10 years, with reviews every four years. This would align the review of Local Plans with the review of Community Strategic Plans. 

Key aspects of Local Plans;

 -       The Strategy Section of the Local Plan will describe the desired future character of distinct areas within the local government area.

 -       The Planning Controls section will zone land according to the envisaged primary function of an area, for example residential, industrial and commercial. Zones will be shown visually using maps.

-        Local Plans will have fewer and broader zones, reducing the current 35 zones to 13 zones.

-        Each zone will have stated objectives and a land use table and/or land use matrix specifying uses that are permitted and prohibited.

 -       It is proposed that the current group definition approach of the Standard Instrument will be removed to make the interpretation of land use permissibility more transparent and easy to understand.

 -       The Development Guides section will address the physical form of development and where possible, will be presented visually through maps, diagrams and illustrations. Urban form will be shown visually as building envelopes and floor space ratios will no longer be used.

 -       Development guides will identify the appropriate assessment track for different types of code assessed, exempt and complying development. The NSW Government will prepare model development guides. Council can choose to adopt these model guides or develop our own.

 -       The existing state wide exempt and complying codes will be brought into the new planning system through the development guides. Development guides will be performance based rather than solely prescriptive controls. Each guide will have performance criteria and acceptable solutions.

 -       The Contributions section will specify the amount of local and regional infrastructure contribution payable in respect of particular kinds of development.

 -       A Planning Proposal is only required to amend Part 2 Planning Controls of a Local Plan. Planning Proposals will be considered through the existing Gateway determination. The Minister will be able to delegate to councils the making of strategically consistent amendments to Local Plans.

 -       Councils will be required to certify that a Local Plan has been prepared in accordance with statutory requirements when the plan is submitted for making.

More information is available on the Department of Planning and Infrastructure website White Paper Chapter 5 - Strategic Planning Framework

4.      Streamlined approvals

The NSW Government has identified through the White Paper that 80% of all development approvals in NSW will be either complying development or code assessment development within five years of the new planning legislation beginning.

Experience has been that the current complying development assessment track is underutilised in NSW and the NSW Government seeks to increase the number of applications determined under a more simplified process. Bega Valley Shire Council currently processes 17% of its applications as complying development, the State figure being 23%. [2011-12 Local Development Performance Monitoring Report].

Development assessment tracks

In order to achieve a more streamlined system of approvals, the NSW Government proposes a system of five development assessment tracks, increasing the types of exempt and complying development, introducing a new category called code assessment, and tightening assessment timeframes for merit assessment.


Extract from White Paper, p. 124

Some of the key changes/principles for development assessment under the new system include;

 -       Consent authorities will be required to adopt an ‘amber light’ approach where development can be modified to align with the strategy of a plan.

-        Consent authorities will not be able to require any additional information over and above that which is necessary to assess the application.  The ability for consent authorities to ‘stop the clock’ will be tightly restricted (i.e. councils may only ‘stop the clock’ once, in the first 21 days, for a period of only 21 days).

 -       Where additional information is not provided by the applicant within 120 days, the application will be taken to have lapsed.

-        Applications will not be able to be refused if they meet agreed standards or performance criteria.

-        The role and number of Joint Regional Planning Panels will be expanded.

-        Consent conditions will need to be based on a standard state wide ‘toolbox of conditions’ that are publicly available to communities, homeowners, business and industry.

 -       Standard application forms will apply across the state.

 -       Development consent conditions will be required to be monitored and predicted impacts verified and monitored during construction and operational phases.  Information on the performance of development is to be made available to the community regularly.

 -       Benchmarks for timelines, decisions in accordance with professional staff recommendations, and the proportion of all decisions made at the councilor/independent panel level will be established and measured.


Extract from White Paper, p. 141

Code Assessment

One of the major changes proposed under the new system is the introduction of what is called ‘Code Assessment’.

Strategic planning will identify development to be code assessment.  When the community engages in strategic planning for a local area, it ‘signs off’ the types of developments and the standards that development must meet to align with the Local Plan.

Key aspects of Code Assessment;

 -       The Local Plan will identify particular development types that can be code assessed.

-        Code Assessment cannot be privately certified (that is it will be assessed by council officers).

-        If the development complies with all the acceptable solutions contained with the Local Plan for that type of code assessable development, a council cannot refuse the application.

-        Code Assessment applications will not be notified to the community (on the basis that the community has been consulted at the strategic planning stage in developing the types of code assessable development).

-        Councils will be required to notify the community, for information only, that an application has been received.

-        Where a part of a development does not meet the code, that component would be assessed on merit and the neighbours would be consulted.  Council could only consider neighbor comments received on that specific aspect of the development that is being merit assessed.

Referrals and concurrences

Another initiative proposed for the new planning system is the introduction of a ‘one stop shop’ for state agency referrals, approvals and concurrences.  The Department of Planning and Infrastructure has indicated that they will be a single point of contact for all referrals and will coordinate one response back to councils which will contain advice and requirements from all relevant agencies.

Key points related to referrals and concurrences:

-        State agencies will have four months from the release of the White Paper to review all existing referrals, concurrences and other planning related approvals and commence the streamlining of referrals. After the review, the government will remove those referrals, concurrences and planning related approvals that are no longer necessary.

-        Where possible, standard conditions and guidelines will be developed to address state agency requirements.

-        Pre-lodgement certification from agencies will be encouraged where referral considerations are straightforward.

-        Responses on concurrences will have to be provided within 40 days.

-        As with the current integrated development approval process, the applicant must seek the agency’s subsequent approval, after consent is issued for the development.

-        Applications requiring state agency referrals will be merit assessed.

Appeals and reviews

Key points related to appeals and reviews include:

-        Applicant and objector merit appeal rights will remain unchanged in the new system, with parties having the standard six months to appeal.

-        Objector appeal rights for EIS assessed development will be the same as the current appeal rights for designated development.

-        It is proposed to establish a ‘very fast appeal track’ in the Land and Environment Court to consider appeals on single residential dwellings and dual occupancies.

-        The ability to seek a review from a decision maker will be continued and expanded to enable Regional Planning Panels to reconsider their decisions.

-        The independent reviews of pre-gateway and gateway decisions, introduced in November 2012, will be continued in the new planning system.

More information is available on the Department of Planning and Infrastructure website White Paper Chapter 6 - Development Assessment

5.      Provision of Infrastructure

Through the consultation process conducted for the Green Paper it has been clearly said that infrastructure delivery in NSW has not always been delivered hand in hand with housing and employment developments. The White Paper acknowledges that established processes for growth infrastructure planning, funding and delivery must be improved.

The NSW Government will be preparing a NSW Infrastructure Planning Policy. The Policy will seek to ensure Regional Growth Plans and Subregional Delivery Plans include plans for infrastructure to support infill and greenfield housing and employment growth.

Local Infrastructure Plans will provide priorities for infrastructure delivery. All infrastructure contributions will be set out in Local Plans, so contribution rates can be easily calculated in one place.

Key points for the new infrastructure contribution system include;

 -       Removal of the Cap on contributions (there is currently a $20,000 cap on contributions per dwelling in infill areas and a $30,000 cap on dwellings in greenfield sites).

-        Contributions are to be limited to essential infrastructure attributable to development (such as local open space, local collector roads, local drainage, libraries, etc.)

-        There will be a three year limit on holding contributions revenue

-        The White Paper proposes to allow different payment mechanisms to provide greater flexibility for the private sector to provide contributions closer to the point of sale. Proposed payment methods include upfront payment at the time of subdivision, deferred payments made nearer to the point of sale, works in kind whereby a developer meets the costs of the infrastructure or an ‘in kind’ dedication of land.

-        There will be more stringent reporting requirements on contributions - local councils will be required to prepare performance monitoring reports on the administration of local infrastructure contribution funds. The report will need to detail what the council has received in cash, land, and works in kind, and also what infrastructure it has provided. Where evidence of underperformance is found by independent auditors, such as accumulated funds or significant delays providing infrastructure, councils will be required to rectify this within three months.

-        There will be restricted use of planning agreements and consent conditions. The power to condition a development consent to require off site works will be limited to works that reasonably relate to the development. The government will develop benchmarks to ensure that only appropriate works can be required by these conditions. Planning agreements will generally only be used for state significant development and under exceptional circumstances.

More information is available on the Department of Planning and Infrastructure website White Paper Chapter 7 - Provision of Infrastructure

Building Regulation and Certification

The White Paper also addresses building regulation and certification provisions. The key changes proposed include;

-        Accreditation of additional occupations involved in building design and construction will be required (such as designers, specialist engineers, fire protection system installers and inspect/test technicians, energy efficiency designers, access consultants and other relevant professions).

-        Mandatory certification of specified building aspects will be required, including the design, installation and commissioning of critical building systems and elements.

-        Improved levels of documentation through all stages of the building life cycle, including the requirement for a building manual which will include key building information.

-        Increased support for certifiers on complex building matters through peer review and enhanced decision support.

-        Strengthened controls on certifiers through stronger disciplinary guidelines, increased auditing and increased obligations to report non-compliant building work and other controls.

More information is available on the Department of Planning and Infrastructure website White Paper Chapter 8 - Building Regulation and Certification



The transitional provisions are still being developed by the Department, however the White Paper indicates that the new Act will contain provisions to transition existing Standard Instrument Local Environmental Plans and Development Control Plans into the relevant parts of the Local Plan.

The draft Bega Valley Local Environmental Plan 2013 is imminent and is expected to be gazetted in the next month. Significant work has also been undertaken on the Comprehensive Development Control Plan, which will be considered by Council, for adoption, in the coming month also. The background strategies, analyses and community consultation undertaken to develop these two significant pieces of planning work will form a strong basis for the new Local Plan.

Substantial work has also been undertaken on the preparation of a new Section 94 and 94A Contributions Plan which, when adopted, would form part of any new Local Plan.

Whilst the work to date leaves Bega Valley Shire in good stead in terms of strategic planning, by the time the new legislation comes into effect, a substantial review of the strategies and zonings will need to be undertaken. The full resourcing impact of this work is not known at this time, however it is clear that significant resources will be required at the strategic planning level to comply with and implement the new system.

Staff consider that of particular importance in any new Local Plan is to ensure that the balance between development and environmental protection and sustainability is achieved and that the unique character of our town, villages, coastal hinterland and scenic rural landscapes is recognised and protected.

The proposal to significantly reduce the number of zones under the new Local Plan template may present some challenges in this regard. Ongoing dialogue with the Department in relation to the zoning and land use options under the new planning system is critical in order to ensure the extensive strategic planning work achieved in the Bega Valley to date can be suitably transposed into the new system.


The new planning system, with its focus on community consultation at the strategic planning phase, will mean additional methods of community engagement will need to be implemented in order to involve, consult and inform as much of the community as possible. The traditional method of public meetings, workshops and briefing sessions is only able to satisfactorily cover a percentage of the local government area population.

More significant resources will be required to engage with as broad a cross-section of the community as possible and this will be a challenge for local government. Councils will be looking to the Department to assist with technology, funding and sharing of resources wherever possible.

Financial/Resources (including staff)

The changes proposed will have a significant impact on the work undertaken by Council’s planning staff, both in terms of resourcing and also cost implications.

The White Paper states that the proposed changes will “fundamentally change the way that local councils, state agencies and the community will approach planning in NSW”.

It acknowledges that “the shift in focus to strategic planning will require a reallocation of resources and additional upfront costs for planning authorities, industry and developers, particularly in the first few years as the new system is implemented. However, these changes will lead to savings and broader economic benefits over time as plans are implemented and development assessments are streamlined”.

Resourcing is clearly a key issue for Bega Valley Council. The White Paper provides a commitment that the NSW Government will, over the next few months, consult with local government and stakeholders to work through various models for funding the transformative changes proposed in the White Paper. “This will include the reallocation of resources across government to deliver strategic integrated outcomes, and a review and readjusting of fees and charges application cost recovery principles”. (NSW Government, White Paper – A New Planning System for NSW, p.20)

The focus on extensive community participation at the strategic planning stage, the move to e-Planning and formulation of the Local Plan including preparation of strategic plans, development guides (particularly in relation to code assessment) and performance monitoring will require significant strategic planning resources, both in terms of staffing and technology.

There will be a transitional period for councils to develop their new plans, however specific details about timing and expectations for implementation of the new system will not be known until the legislation is introduced to Parliament later this year.

The resourcing and financial impacts of the new planning system will need further analysis by staff once full details are provided by the Government, and considered in the context of the NSW local government reforms and Bega Valley Shire Council’s organisation structure review. For example, the decision of government to place more uses into complying v code development, may influence the number of staff engaged in building certification or development assessment. More resources may be required in upfront investment in land use planning and consultation. Pending natural attrition, development assessment resources may be shifted into land use planning roles.


A new Planning Act will have significant ramifications across NSW and, in particular, for all local government. It will mean a whole new set of precedents will be set by the Land and Environment Court. It will also likely mean more appeals and reviews will be undertaken where councils refuse applications, as the new system seeks to make accessibility to the Land and Environment Court easier and more affordable for applicants. It is envisaged that a more substantial legal budget will be required in this regard.

Through the Local Government Review process, the government has been urged to integrate the role of local government in the system of planning, together with the synchronisation of the rewriting of the Planning and Local Government Acts.

Operational Plan

The Operational Plan will require review and updating once the full extent of the impacts are known and understood by staff and councillors.


Staff consider that there are some innovative and welcomed changes and improvements proposed to the current planning system. Since the Environmental Planning and Assessment Act was introduced in 1979, there have been over 150 amendments to the Act and it is well accepted by many that it has become unwieldy for applicants and practitioners to understand and implement.

The support of State Government will be essential in the transitional phases of the new planning system, in resourcing, funding and setting the direction, to assist local government to implement such a significant new piece of legislation.

It is recommended that the report be noted and that Council make a submission on the White Paper incorporating the issues highlighted in this report plus any raised in discussion at the Council Meeting.






That the report on the White Paper for “A New Planning System for NSW” be noted and that Council make a submission to the Department of Planning and Infrastructure incorporating the issues identified in this report.




staff reports – community and relationships (LivEability)


12 June 2013

In accordance with Council’s Code of Meeting Practice (2011), this section of the agenda will be chaired by Councillor Seckold.  

9.1           Funding request Montreal Goldfields........................................... 40

9.2           Police Community Youth Club (PCYC)........................................ 51

Council 12 June 2013                                                                                           Item 9.1


9.1.          Funding request Montreal Goldfields     


The Montreal Goldfields Management Committee is seeking Council to match external funding for provision of solar power and toilet facilities at the Heritage Centre.


Group Manager Infrastructure, Waste & Water  



Council has previously supported the Montreal Goldfields Management Committee by offering matching funds for grant applications for the development of a toilet and solar power at the Heritage Centre. The Montreal Goldfields are located north of Bermagui on a crown reserve under the care and control of Council. The Management Committee is a committee of Council.

The Committee has lodged a number of funding applications following the Council resolutions to support the project. To date they have been unsuccessful and have now requested that Council provide the approved amount and they will match it through in-kind and direct financial support. The Committee recently was successful in an application for a grant for heritage signage.

The request is covered in their letter to Council which is attached to this report.



The Heritage Centre struggles to operate to its full potential without a toilet facility and power.

Busloads of visitors are now taking advantage of the developed site, however there is an issue with expecting that visitors drive to Wallaga Lake to the closest public toilet.


Council supports its management committees through guidelines and Council’s Code of Meeting Practice.


The Committee’s plans to install solar power ensures that ongoing operational costs are minimised. The construction of the toilet will also be managed under the conditions required by the relevant consent.



As the facility is located on a Crown Reserve, the funds requested of $22,000 could be allocated from the annual $300,000 grant to Council in 2013/14.


Funding source



Lands annual allocation




Resources (including staff)

The Committee have developed a project management plan and schedule and appointed a construction manager. The Council’s Civil Assets Engineer has also reviewed the plans and site.


The Montreal Goldfields Committee has worked extremely hard to develop the site with volunteer labour, fundraising and grants. This request, previously supported by Council to match external funding, is a variation to that proposal.



1View. Montreal Goldfields 



That Council provide $22,000 from the 2013/14 Crown Lands allocation to provide a toilet facility and solar power at the Montreal Goldfield Heritage Centre.



12 June 2013

Item 9.1 - Attachment 1

Montreal Goldfields










Council 12 June 2013                                                                                           Item 9.2


9.2.          Police Community Youth Club (PCYC)     


Council approval is sought to enter into a new licence for the occupation of parts of the Bega Youth Space at 91 Gipps Street, Bega by the PCYC.


Group Manager Community & Relationships   



The Bega Youth Space, 91 Gipps Street Bega, has been in development for a number of years. During that time Council has been successful in obtaining more than $50 000 in external funding to complete refurbishment works to the ground level and have been negotiating with a number of external agencies to further develop the site in terms of both youth programs and capital projects.

In November 2011 Council gave consent to lodge a joint application with Eurobodalla Shire Council to establish a PCYC project on the far south coast.  The submission put forward, in conjunction with the NSW Police Far South Coast Local Command, outlined an outreach model to operate from a base office in Narooma with an operational site in the Youth Space in Bega.

The proposal recommended the use of existing sporting/community/recreational facilities and associated mobile units servicing a number of towns across the two Shires. Under the proposal the PCYC would fund refurbishment works at the Bega Youth Space and to cover all costs related to the staff attached to the Far South Coast PCYC (a Manager and two Police Officers)

The funding application was successful and Council staff, from the Bega Valley and Eurobodalla, has been working with the PCYC on both a memorandum of understanding and participation agreements that will define the project across the two shires.

These documents are complete and we are now seeking Council’s consent for to enter into a licence agreement for the use of part of the Youth Space in Bega.



It is considered that a crown licence agreement is the most suitable form of lease to be used for any future occupation of this space.


The Bega Youth Space is a Council managed Crown asset that will be utilised extensively by the public.  It sits within the Zingel Place Reserve Trust. The lessee’s will be requested to remit their rental payments (upon issue of a tax invoice) to the Council, with all fees collected to be used to assist with ongoing maintenance costs of the Bega Youth Space

Social / Cultural

The provision of a PCYC will achieve many of the strategic actions of the adopted Delivery Program 2011-2016 relating to young people and is identified as a priority in the Youth Strategy.  In the Social Issues Papers, and in previous Social Plans, the need for additional services to work with young people, have consistently been raised.  The PCYC model has been very successful in delivery positive outcomes for young people and the communities they live in, right across the state.


The building has significant issues that may have an economic impact, including costs in maintaining the building and need for extensive upgrades to allow other uses. The Heritage listing compounds this aspect. The capital works funding from the PCYC will be utilised to mitigate many of these concerns and the works will include the replacement of the roof, reconstruction of the existing staircase and refurbishment of the upstairs spaces within the building. The amount identified for the capital works at the Bega Youth Space is $100 000, it is anticipated that the total amount will not be required and the balance will be utilised for PCYC programs.


There has been strong community support for the PCYC through community consultations held during the submission process. Local youth, Aboriginal and community service organisations were consulted and Police attached to the Far South Coast Command have been involved at every stage of the development of the project.

NSW Crown Lands have been consulted regarding this proposal. Council is working through some issues regarding the reserve but anticipate the Crown’s in principle support to the new agreement, pending Council approval.


It is recommended that the minimum statutory annual rental, $444.00, apply to this lease as the PCYC is a non-profit organisation, whose holding will be used as an active sporting, recreational and youth advancement facility for the general benefit of the local community. The application of the minimal rental amount represents Council’s contribution to the Far South Coast PCYC.

The funding provided to Bega Valley Shire Council by the PCYC will be for capital expenditure and set up costs at the Youth Space in Bega. There is no expectation of Council to provide funding for the PCYC program outside of the space provided within the Youth Space.

Resources (including staff)

Resourcing of the PCYC services and programs is provided through the PCYC funding, contributions from users of the program and fundraising activities. There will be liaison with Council staff and a Council staff member from the Community and Relationships group will be Council’s representative on the Bega PCYC Committee. This is achievable within current staffing levels.

Ongoing management of the lease during its term will also require staff resources as required.


The Police Citizens Youth Club (PCYC) represents a significant investment in the region and in the youth of our shire.  The PCYC programs will target a number of youth related issues affecting both the Bega Valley and Eurobodalla, it will also mean that programs can now commence from the Bega Youth space.  The involvement of local community leaders and young people in the PCYC Committee will ensure that local knowledge is maintained and the use of existing infrastructure will see more use of the existing community assets.

There is no financial expectation from Council towards the project, outside the minimum applicable rental for the space used.  The human resource obligation from Council is small, manageable within existing staff allocation and addresses a number of the key outcomes in the delivery plan as they relate to young people.






1.         That Council confirm ongoing, in principle support, for the Bega Youth Space             and the Far South Coast PCYC project.

2.         That Council resolve in principle to enter into a ten year crown licence for the             Bega Youth Space, with no option, with Police Community Youth Club (PCYC)             for the statutory annual minimum rental with an increase by CPI annually.

3.         That the Mayor and General Manager be authorised to execute the necessary             documents.

4.         That in accordance with the requirements of the Crown Lands Act,
            Council obtain the Minister’s consent to the new licence.



Council                                                                                                                12 June 2013



staff reports – infrastructure Waste and Water (Accessibility)


12 June 2013

In accordance with Council’s Code of Meeting Practice (2011), this section of the agenda will be chaired by Councillor Fitzpatrick.  

11.1         Expression of Interest 18/13 Rural Fire Station Formal Handover. 56

11.2         Water Supply and Sewerage Development Servicing Plans.......... 60

11.3         Proposed Purchase of Marquees for Community Use.................. 67

11.4         Pambula Sports Complex - Proposed Squash Courts.................. 70

Council 12 June 2013                                                                                         Item 11.1


11.1.       Expression of Interest 18/13 Rural Fire Station Formal Handover     


This report details the outcomes of evaluation of Expression of Interest 18/13 for the Rural Fire Station Handover.


Group Manager Infrastructure, Waste & Water   



On 26 September 2012, the NSW Rural Fire Service (RFS) advised Council that it would like to formalise a handover of eight rural fire sheds that no longer meet operational requirements. The sheds are located at Bemboka, Quaama, Tathra, Towamba, Brogo, Kiah, Wyndham and Burragate. Council sought Expressions of Interest (EOI) from suitably qualified people or community groups to occupy or remove the non-operational sheds.

On 21 November 2013, Council resolved as follows:

1          That Council seek expressions of interest from individuals or groups for the disposal, purchase or use of various RFS fire brigade sheds that are no longer operational.

2          That the General Manager be authorised to negotiate short term leases where appropriate.

3          That should proposals for lease, disposal or sale be received, they be reported to Council.”

Expression of interest (EOI)

The EOI was advertised in local media from 27 March 2013 and closed on 1 May 2013.

The EOI documents were issued to 15 individuals or community groups, with eight EOI submissions received. Of the submissions received, six were conforming and two were non-conforming. An email was also submitted by Council’s Water and Sewerage Services Section.

Applicants were asked to:-

·          Provide contact details of their organisation.

·          Describe the work their organisation and their organisation’s track record.

·          Identify the shed/s they wished to be considered for and what they would use it for and if any costs were involved.

·          Describe any evidence they had managed to collect which demonstrated the level of local community need for the service they are proposing to offer and how they felt it might help to support the Council’s priorities (as outlined in the Recreation Asset Management Plan).

·          Describe the skills they had within their organisation which will help them to manage the premises independently. They were also asked to describe any other support they may be able to draw on to support their organisation

·          Outline any plans they had for income generation, which would enable the facility to be self-financing, taking into consideration how they would ensure running and maintenance costs.

The submissions received were assessed against the evaluation criteria by a three person evaluation panel. The results of the individual evaluations are consolidated in the confidential memorandum in Attachment 1.


Some of these buildings need considerable work to bring them into line with the NSW Work Health & Safety Act and the requirement for adequate provision of services to these facilities will also need to be addressed. Each site has different constraints and advice from the RFS is listed below:


The old Bemboka station is located in Kameruka Street, Bemboka (Lot 7 Section 12 DP 758087) next to the new station. Once the old station is removed, it will allow the RFS to install a water tank. The site is classified as community land.


The old Quaama station is located at Bermaguee Street, Quaama (Lot 10 Section 10 DP 758860). The site is currently classified as community land; however it will be classified as operational land in the new LEP.


The old Tathra station is located at Bega Street, Tathra (Lot 1 DP 502243), next to the new station. Council’s Water and Sewerage Services have occupied the old station for a number of months. This site is classified as operational land.


The old Towamba Station is located on the corner of Towamba and Albert Streets, Towamba (Lot 8 DP 40117409).



The old Brogo Station is located at Upper Cobargo Road and is on private land. As assets constructed on private land remain the property of Council, Council is required to remove all infrastructure from the site under the Lease agreement.


The old Kiah Station is located on Kiah Hall Road, Kiah (Reserve R89134, Lot 21 DP 55034).


It is proposed that this shed be removed from its current location as it is currently located on a road reserve. Council’s commitment would be required to allocate necessary funds and staff resources to rectify this situation. An alternative solution for the community group would be to identify a more suitable site nearby for the shed to be relocated to. This would negate the need for subdivision and changes to the road reserve.

The land can be entered from Norwood Street, Wyndham.


The Burragate fire shed was removed from Davidson Street Burragate on the 1 March 2013 and is being stored at the treatment works in Bega.


Expressions of Interest were publicly advertised.

The owners of neighbouring properties are to be notified of the new proposals.


As part of the new Licence Agreements, community groups will be required to pay for their own utilities, including any connection fees.  The Licence fee will be the minimum annual rental per Council’s annual Fees and Charges Schedule this fee does not attract any rebate, the current minimum annual rental fee is $475.00.

There is no intention of financial support from Council for the maintenance, development and management of the sheds.  However concern exists that the community groups will rely on continued Council Support.

Resources (including staff)

Staff resources will be required for the management of any new Licence Agreements and manage the EOI Process.


Some of the sheds need considerable work to bring them into line with the NSW Work Health & Safety Act. The requirement for adequate provision of services to these facilities will also need to be addressed.



1View. Expression of Interest 18/13 confidential memo (Councillor Only)



1.      That Council consider the appropriate allocation of the Rural Fire Service Sheds, in accordance with the EOI evaluation panel’s assessment:


















2.      That the General Manager be authorised to negotiate short term leases where appropriate

3.      That unsuccessful applicants be advised of Council’s decision.


Council 12 June 2013                                                                                         Item 11.2


11.2.       Water Supply and Sewerage Development Servicing Plans     


This report details the process undertaken in the preparation of Water Supply and Sewerage Development Servicing Plans (DSPs). The report addresses submissions received in the 30 day public exhibition period. The report also recommends adoption of the draft DSPs and that a Water Supply Developer Charge of $7,500 and a Sewerage Developer Charge of $10,500 be adopted, and included in the 2013/14 Fees and charges.



Group Manager Infrastructure, Waste & Water  



Section 64 of the Local Government Act 1993 enables a local government council to levy developer charges for water supply, sewerage and stormwater. This power derives from a cross-reference in that Act to Section 306 of the Water Management Act 2000.

Developer charges are up-front charges levied to recover part of the infrastructure costs incurred by Council in servicing new developments or additions/changes to existing developments. Developer charges serve two related functions:

·    They provide a source of funding for infrastructure required for new urban development or growth; and

·    They provide pricing signals regarding the actual cost of urban development

NSW Local Water Utilities who propose to levy Section 64 charges for water supply and/or sewerage need to prepare Development Servicing Plans (DSP’s) in accordance with NSW Office of Water Guidelines. The DSP’s detail the calculation of developer charges and are required to be fair and transparent, particularly where cross subsidy is proposed.

Council’s current DSP’s took effect on 1 July 2006 and have been indexed yearly. Council DSP’s are calculated to provide infrastructure for likely growth over the next 30 years. This growth is made up of infill development and likely new subdivision yield.

Water and Sewerage Developer Charges (also known as Headworks charges or Section 64 charges) are regulated by the NSW Office of Water through Guidelines issued in December 2002.  The Guidelines provide an approved methodology for calculating an applicable developer charge and set out the requirements for the preparation of a Development Services Plan (DSP). Developer charges are applicable for existing and proposed works which serve future development.  Each DSP details the existing works and proposed works schedule for water supply and sewerage infrastructure respectively to service the expected growth.

Over the last six months revised DSP documents have been prepared to replace those documents adopted in 2006. The revised DSP documents have been prepared in accordance with the December 2002 Guidelines. To support the process, four Councillor Workshops have been undertaken to work through the issues and implications associated with adoption of a variety of charging scenarios. These scenarios identified by financial modelling the extent to which Typical Residential Bills (TRBs) would be impacted by the value and timing of capital works proposed, as well as the amount of cross subsidy associated with different levels of developer charges. 

Council resolved at the 10 April 2013 meeting to exhibit the draft DSPs based on a scenario of Water Supply Developer Charge of $7,500 and a Sewerage Developer Charge of $10,500 resulting in a combined charge of $18,000, down from the current level of $21,878 (~20% reduction). These charges provided sufficient projected income to fund the required capital works program, while allowing for the combined typical residential bills for water supply and sewerage to remain the same as current for the next 5 years. It also provides for part capex from Council and reliance on 50/50 government subsidy for large scale projects such as ocean outfall.

Council adopted preferred capital works scenarios as briefly outlined below:

·          Water Supply Capital Works Scenario: Staged water filtration plants and other works to both preserve the current levels of service (LOS) and improve the LOS with regard in particular to improved water quality

·          Sewerage Capital Works Scenario: Works to both preserve the current LOS and improve the LOS including improvements to effluent management


The calculated full cost recovery (FCR) and adopted Developer Charges are indicated in Table 1 below:

Table 1: Bega Valley Shire Council Water and Sewer Developer Charges

Supply Service Area

Current Residential Developer Charge

/ ET ($12/13)

Residential Developer Charge calculated FCR

/ ET ($12/13)

Developer Charges (proposed)

/ ET ($13/14)

Water Supply













Adopting the proposed developer charges and maintaining the current level of Combined Typical Residential Bill of $1,585 p.a. for the next 5 years (until 2017/18) will result in $103 per year cross-subsidy by each residential customer over the model forecast period. Table 2 summarises the impact on the TRB of adopting the proposed developer charges.

Table 2: Bega Valley Shire Council Water and Sewer Level of Cross Subsidy

Supply Service Area

Current Typical Residential Bill


TRB ($2012/13)

Level of cross subsidy


No cross-subsidy

With cross-subsidy

Water Supply
















Developer charges calculations relating to the DSP will be reviewed after a period of five to six years, or when any significant changes occur in proposed works, growth projections or standards.

In the period between any reviews, developer charges will be revised on 1 July each year on the basis of movements in the Consumer Price Index (CPI) for Canberra, in the preceding 12 months to December, excluding the impact of GST.

Attached to this report for councillors are copies of the submissions received during the exhibition period which ended on 24 May 2013. A summary of these submissions is presented below:


Submissions Received

Six submissions were received during the exhibition period.

A staff submission from the Group Manager of Planning and Environment was received requesting alteration of section 5.7.2 to reflect the revised DA Conditions of Consent.


Five public submissions were received and these covered the following matters:

1.         A resident of Bournda Parkway with 32 other co-signatories requesting that properties in the area of Bournda Parkway and the northern end of Sapphire Coast Drive be included in the DSP area for water supply only.

2.         Four separate submissions from one respondent. Three submissions regarding DSP and CLEP boundaries and one relating to the DSP charge.

Copies of the submissions are provided as confidential attachments to this report together with a table listing the issues raised and the response to these matters.



Section 64 Contributions have a sound basis in law and are levied by Local Water Utilities in NSW. Division 5 of Part 2 of Chapter 6 of the Water Management Act 2000 applies to a council in exercising functions under this Division in the same way as it applies to a water supply authority exercising functions under the Act.

In order for revised DSP documents to be adopted by Council, the required 30 working day public exhibition period has been undertaken to allow for community comment and review.

Once adopted by Council, the DSP documentation is required to be lodged for registration with the NSW Office of Water.


Adoption of Water Supply and Sewer DSPs establishes the policy with regard to the extent of cross subsidy between TRBs and Developer Charges.

The adoption of the draft DSPs before the 30 June 2013 enables calculation of the water supply and sewerage developer charges to be calculated in accordance with the current NSW Government Guidelines. This significantly reduces the Developer Charges for the small village sewerage schemes, supporting future growth in these villages, in comparison with new guidelines coming into effect on 1 July 2013 which would result in much higher charges in these areas.

A delay in adoption of the DSP’s until after 1 July 2013 would necessitate a recalculation of the water supply and sewerage developer charges in accordance with the new IPART Section 64 methodology and a recalculation of the Long Term Financial Plan. There would also be a delay of six months to complete this work, inclusive of additional workshops and a further period of public exhibition.



The adoption of the draft DSPs will ultimately enable capital works programs to take place resulting in benefits to the environment.


Income derived from Water Supply and Sewer DSP’s provides funds for construction of assets needed to support future population growth.


The Section 64 income derived from Water Supply and Sewer DSP’s is critical to achieving strategic capital works goals, as outlined in the LTFP.


The NSW Government guidelines mandatory 30 working day public exhibition period has now been completed, allowing adoption of the revised Water Supply and Sewerage Development Servicing Plans after consideration of submissions received.

Other requirements of the guidelines to notify the Urban Development Institute of Australia and the Housing Industry Association as well as all developers who have applied for planning approvals in the previous 6 months of the proposed have also been complied with.


Council’s  Water and Sewer Funds are not capped and this has traditionally allowed sufficient funds to be allocated towards growth infrastructure, capital renewals, maintenance, operations and administration activities.

In broad terms, the funds required to cater for water supply and sewerage scheme operation; maintenance and capital renewals are provided by the existing customer base from access and user charges. The funds required to cater for growth related capital works are derived primarily from Developer Contributions.

The total income required to sustainably manage water supply and sewerage assets in the medium to long term is derived from a combination of access charges, user charges, loans, reserves, NSW and Federal Government subsidy and importantly Section 64 contributions - all as defined in the long term financial plan. It follows that if any part of the income stream is reduced for any reason then the shortfall must be made up from other income areas, notably access and user charges in the form of a cross subsidy.

Adoption of the draft Water Supply and Sewer DSP, inclusive of their Developer Charges provides for growth related capital works funding.

The NSW Government Guidelines for Developer Charges call for the adoption of Developer Charges at a level approaching full cost recovery in order to be eligible for grant funding under the Country Towns Water Supply and Sewerage Program. Adoption of the proposed charges is expected to sufficiently comply with this requirement to allow access to future funding.

Resources (including staff)

Substantial staff and consultant resources have been devoted to this project over the past eight months.

Operational Plan

Developer contributions support Operational Plan infrastructure and Level of Service goals. Exhibition of the Water Supply and Sewerage DSP will facilitate Council achieving these goals in the medium to long term.


Over the last six months, revised draft DSP documents have been prepared to replace those documents adopted in 2006. The revised draft DSP documents have been prepared in accordance with the December 2002 Guidelines. It is important to adopt revised DSPs prior to 30 June 2013 to enable consistent Developer Charges to be levied for separate systems under the existing rules allowing agglomeration of DSPs.

Adopting the proposed developer charges and maintaining the current level of Combined Typical Residential Bill of $1,585 p.a. for the next 5 years (until 2017/18) will result in $103 per year cross-subsidy by each residential customer over the model forecast period.

To facilitate adoption of the Water Supply and Sewerage Development Servicing Plan documents, a 30 day public exhibition period has been conducted in accordance with NSW Office of Water Guidelines.

Six submissions have been received. The issues raised in the submissions are addressed in a separate confidential attachment. There were no major issues raised which require significant modification to the draft DSPs.



1View. Water supply and sewerage development servicing plans submissions (Councillor Only)

2View. Response to Draft DSPs Submissions (Councillor Only)



1.         That Council adopt the draft Water Supply and Sewerage Development Servicing Plans as exhibited from 11 April 2013 to 24 May 2013, with minor amendment to alter the wording of section 5.7.2 to reflect a revised DA Condition of Consent

2.         That Council include the adopted developer charges in the 2013/14 Fees and Charges schedule

3.         That the Development Servicing Plan documents be forwarded to the NSW Office of Water for concurrence, in accordance with NSW Government Guidelines.


Council 12 June 2013                                                                                         Item 11.3


11.3.       Proposed Purchase of Marquees for Community Use     


Further to the resolution of Council on 10 April 2013, this report details the possibility of purchasing marquees, which may be loaned to community groups, in lieu of a donation from Council.


Group Manager Infrastructure, Waste & Water   



On 10 April 2013, in relation to the Eden Whale Festival request for financial assistance, Council resolved as follows:

1.         That Council provided $15,000 to the 2013 Eden Whale Festival from the 2013/14 Budget.

2.         That a further report be provided to Council regarding the possibility of purchasing a marquee for use by groups in lieu of donations including coordination with the Bega Valley Festivals Group.”

There are a variety of marquees and display tents available in the market.  Not only does size variety but also styles and fabrics from the conventional “box” frame, to the “tent pole” frame as in “circus” or “bedouin” tent. As a sample, Council has received pricing for a 4m x 8m folding marquee with three side walls at $2,717 and a 10m x 20m event marquee with side walls at $24,000.  Price, erection skill and site limitations, vary with each style and type; as do the assorted optional extras such as internal walls, tie-downs, static weights, floor, etc.

Advice from Sapphire Coast Tourism regarding possible need suggests that one size does not fit all and that the goal should be for flexibility (several sizes), uniqueness (“wow factor”/promotion) and manageability (ease of erection).

On this basis, costs would be significantly higher, as Council would have to purchase several units of various sizes and the more unique the style and more durable the fabric, the higher the cost. Ease of erection and disassembly also becomes an issue.  That is, simple frame and small equates to layman use, while larger and unique marquees require experienced or specialised skills.



As previously advised the hire cost for supply, erection, dismantling and transport of a 25m x 25m pole marquee was approximately $11,550 (inc. GST).  A marquee half the size will cost $24,000 without erection, dismantling or transport. However, there are a number of other considerations which should be considered as follows:

·    Transportation: to and from the venue which can be significant, with the medium/large marquees requiring truck and “hiab” crane or fork lift;

·    Erection and Certification: once again, the larger and more unique style of marquee requires experienced erection supervision and the larger structural frames require certification or validation by scaffolder or rigger. Council’s ongoing commitment in this area is difficult, as Council must ensure its equipment is fit for purpose, properly installed, properly dismantled and stored.

·    Support Utilities: such as lighting, stage, flooring ventilation, foundations, tie downs are all additional costs. These would have to be hired on an event by event basis. If Council were to purchase these items also, then cost and management would increase accordingly.

·    Risk Assessment: compliance for each venue will require site specific planning and assessment by an appropriately trained and qualified person. If equipment were to be supplied by Council, then Council should have procedures in place to ensure that those taking the equipment are aware of the risk and their responsibilities.

·    Insurance: costs associated with public liability, equipment damage, failure and loss.

·    Ongoing Costs: Maintenance, inspection, repairs and storage would require significant management and administration by Council staff. Also the preparation of usage contracts/agreements, booking service, bonds/guarantees and compliance documentation will also require resourcing.

·    Asset Depreciation: as is the case with any hire equipment, deterioration is much more than normal wear and tear as a result of erection/dismantling and transport processes.  Therefore life cycle cost can be higher than expected.

Much of the above considerations stem from the use of medium to large size marquees or unique styles and would not necessarily apply to the smaller folding frame exhibition marquees.


There are no funds allocated for the purchase of a marquee or marquees in current or future budgets. While funds may become available in lieu of direct donations for some events, it is reasonable to assume that this will not always be the case and additional funds will be required.

Resources (including staff)

If Council were to purchase a marquee or marquees, then significant management, technical and administration staff would be involved in the management, supply, erection, inspection, repair, maintenance and storage of such equipment.


The risks associated with public events are well understood and clearly rests with the event organiser. The purchase of event marquees for community use at festivals and alike, has the potential to include Council in that risk by providing equipment, site assessment and erection supervision. The use of existing hire companies, while being more expensive, transfers the risk to those experienced and competent to do so, without involving Council and its staff. There is also an ongoing financial risk associated with the repair, maintenance, storage and administration of marquee hire by Council.  It is concluded that the purchase of marquees, other than the small folding exhibition style is not recommended.






That Council not purchase event marquees for community use, as this is outside Council normal operational area and is best left to hire companies with the specialised skill, knowledge and equipment range to undertake this work.


Council 12 June 2013                                                                                         Item 11.4


11.4.       Pambula Sports Complex - Proposed Squash Courts     


Presenting report on further request for financial assistance from Pambula Sports Complex Management Committee to enable construction of proposed squash courts adjacent to the Sapphire Aquatic Centre.


General Manager  



Council had previously been advised the Pambula Aquatic Centre Inc and Pambula Sports Complex Management Committee had successfully sought a grant from NSW Government for $90,000 toward the construction of proposed squash courts adjacent to the Sapphire Aquatic Centre Pambula. That grant was matched with $90,000 from the $100,000 Council assigned in 2013 to the Management Committee towards construction of facilities contained in the Pambula Sports Complex Masterplan.

Aimed at replacing the two court squash facility proposed for demolition at the former library site in Main Street Merimbula, development consent has been granted for a three court facility at Pambula.

With reference to the attached proposal, the estimate for the development is $344k, leaving a funding shortfall of $137k. An option to include moveable walls extends that shortfall by a further $80k. The $90k grant is understood to be required for drawdown by 30 June, and expenditure by 30 September. While discussions are scheduled with local member for Bega, Andrew Constance to source additional funding or extension of time, the Management Committee has sought further financial assistance from Council.



Elsewhere in the Council business paper is a report on the operations of the Sapphire Aquatic Centre, adjacent to the proposed courts. As a result of the three court facility, the development consent required on site public amenities, particularly disabled facilities. The proximity of the gym within the Aquatic Centre, now under Council direct management, may present an alternate option to access the amenities in that building, provided out of hours access can be arranged, such as the all-hours security card arrangement suggested for that facility.

While the option for moveable walls may present as a long term multiuse opportunity, it is suggested the staging of the facility to two courts now (to replace the existing courts at Merimbula), with a third court added at a future time, may be financially and operationally prudent:

·          Reduction of 1 court estimated saving 20-25% (say $80k)

·          Two courts do not require disabled amenities

·          Security card access to adjacent gym amenities

The matter of project management by a qualified builder/site superintendent requires confirmation, to mitigate the risk on council.

Social / Cultural

The attached statement from the Committee outlines the community benefits of the courts proposal.


Council considered the Sports Complex Masterplan last year, an element of which was the proposed squash courts.


The Management Committee has elected to assign 90% of its $100k allocation towards the squash court project. A three court development was notionally anticipated to produce a neutral net return, provided the facility was managed through the administration of the Aquatic Centre.

Should a staged development be pursued, the development cost could be reduced to perhaps > $100k, by removing the third court and amenities required with a  three court development, thus reducing the cost of construction to say $244k (subject to confirmation by the builder).

That leaves a shortfall of around $40k, which could be considered for funding by:

·          Further grant from government

·          Interest free loan from council to Management Committee over 5 years

·          Further fundraising by community



An interest free loan would forego interest earnings of around $2k/year.

Funding source



Working capital (interest free loan)





Councillors have received information on the purpose, development conditions, construction estimates, potential operations and revenues for the proposed squash court development. Outcomes of discussions with the local member will be known at the Council meeting.



1View. Proposal to build Sapphire Squash Courts  



That Council determine if further financial assistance be provided to the Pambula Sports Complex Management Committee to assist the construction of the proposed squash courts.



12 June 2013

Item 11.4 - Attachment 1

Proposal to build Sapphire Squash Courts















Council                                                                                                                12 June 2013


staff reports – governance and strategy (leading organisation)


12 June 2013

In accordance with Council’s Code of Meeting Practice (2011), this section of the agenda will be chaired by Councillor Mawhinney.  

12.1         Certificate of Investments made under Section 625 of the Local Government Act 1993................................................................ 86

12.2         Loan Borrowing Program........................................................... 90

12.3         Australian Local Government Association (ALGA) National General Assembly.................................................................................. 92

12.4         Draft Communications Strategy.................................................. 94

12.5         Ongoing Operation of the Sapphire Aquatic Centre..................... 98

Council 12 June 2013                                                                                         Item 12.1


12.1Certificate of Investments made under Section 625 of the Local Government Act 1993     


To report the details of Council’s investments during the month of May 2013



Finance Manager   



Under the legislation and regulations mentioned below, the Responsible Accounting Officer must present to Council on a monthly basis the status of the investments held by Council. The Responsible Accounting Officer must detail the investments held, and their compliance with both internal policy and external regulation under the Ministerial Order of Investments.

In accordance with the recommendations made by the Division of Local Government Investment Policy Guidelines, published in May 2010 the Finance section has made the monthly Investments report an attachment to the Business Paper. This allows a stand-alone report to be published on Council’s website for the public to view without having to peruse the Council’s Agenda for the relevant meeting.



Section 625 of the Local Government Act 1993 determines that money may only be invested in a form of investment authorised by order of the Minister for Local Government published in the Local Government Gazette. The most recent Ministerial Order of Investment was published February 17, 2011.

Clause 212 of the Local Government (General) Regulation 2005 determines that the Responsible Accounting Officer must provide Council with a written report setting out details of all money that Council has invested under section 625 of the Local Government Act 1993.

The report must also include a certificate as to whether or not the investments have been made in accordance with the Local Government Act 1993, the regulations and the Council’s investment policy.


Council holds an Investment Policy published under policy number 1.3.2. This policy is reviewed annually, and was reconsidered on 9 October 2012.

Council’s current policy allows for investment of funds in cash term deposits only with rated Authorised Deposit-Taking Institutions (ADI’s). Council does not hold any investments in sub-prime or managed fund products. At this time, Council holds no long term deposits nor any deposits introduced through an agent.


The attached report indicates a current investment portfolio of $51,000,100. These funds can be broken into the following Funds:


Funding source

March 2013

April 2013

May 2013

General Fund




Water Fund




Sewer Fund





In addition there is $1,975,445 in uninvested funds in Councils operating account.

8 Each fund’s allocation can only be utilised on its specific operations. For example, Water Fund cannot use its financial resources on General Fund projects, etc.

8 Externally Restricted is defined by purposes that are “restricted” by external legislation or regulations, such as unspent grants or loans tied to a specific project, or development contributions held for expenditure in accord with an adopted s94/s64 contributions plan.

8 Internally Restricted is defined by “restrictions” placed upon the use of these funds by Council internally, such as asset replacement, weeds, property, employee entitlements and the like.

8 Unrestricted funds are available for day to day operational uses, or emergencies. Those funds are reviewed daily for short term investment, depending on revenue cycles such as rates instalments.



1View. 2013.06.12 ATTACH Certificate of Investment Report May 2013



1.      That Council receive and note the attached report indicating Council’s Investment position.

2.      That Council note the Certificate of the Responsible Accounting Officer.



12 June 2013

Item 12.1 - Attachment 1

2013.06.12 ATTACH Certificate of Investment Report May 2013



Council 12 June 2013                                                                                         Item 12.2


12.2.       Loan Borrowing Program     


Reporting on outcome of expressions of interest from financial institutions for Council’s 2012/13 loan borrowing program.


Finance Manager   



Under the Local Government Act, Council is required to include details of any proposed borrowings within its Revenue Policy in the Operational Plan for that financial year.  This information is also forwarded to the Division of Local Government in accordance with their requirements.  In the current year, the following works are being funded through loans – Infrastructure Renewal – Merimbula Airport $3,500,000; Infrastructure Renewal – Urban Roads $500,000.  The Division of Local Government has been advised as required.

Expressions of interest closing at midday on Friday 7th June 2013 for the provision of the General Fund loan of $4,000,000 were invited by direct email to the following financial institutions:

•           ANZ Banking Group Ltd

•           Commonwealth Bank of Australia

•           National Australia Bank

•           Westpac Banking Corporation

In accordance with budget provisions the loans will be drawn on or about 24th June 2013.  The term for the loan of $4,000,000 will be 10 years, with half yearly repayments of principal and interest payable in arrears

Due to the current economic climate and previous feedback from financial institutions, expressions of interest have been sought on the basis of the interest rate being fixed for five and ten year periods.  If the five year fixed interest rate option is adopted, the loan will require renewing at the expiration of that period.

Quotes received from the financial institutions will be circulated by separate memo at the Council meeting.

Councils Long Term Financial plan also includes financing of the Merimbula Mobil Site via an internal loan for $1,500,000 until which time an operational model is resolved by Council determining the treatment of the surplus land from the Merimbula bypass. Once a direction has been resolved, Council will move to formalise financing of any remaining debt.



There is no impact on the 2012/2013 budget as the first repayment is due on or about 24th December 2013.  Repayments are factored in to forward budget plans.

Councils Long Term Financial plan includes funding for borrowing costs of $560,000 per annum for the three loans.

Operational Plan

There is no financial impact on the 2012/2013 Operational Plan as the first repayment is due on or about 24th December 2013.


The loan borrowing profile for 2012/13 fits within the projections of the Long Term Financial plan both in terms of Principal required and borrowing costs associated with repayment of the debt.






1.         That Council accept the offer of the provision of the loan totalling $4,000,000             from (name to be inserted) as outlined in the memo to Council dated 12th June             2013 provided that it remains the lowest rate at the time of acceptance of the            loan, at an indicative annual interest rate of (rate to be inserted) repayable by             half yearly instalments of principal and interest in arrears, and that Council             authorise the Mayor and General Manager to execute all relevant    documentation.

2.         Should the (name to be inserted)’s offer not remain the lowest at the time of             acceptance of the loan, that Council accept the offer of the provision of the loan             totalling $4,000,000 from whichever of the (number to be inserted) financial             institutions is the lowest at that point, repayable by half yearly instalments of             principal and interest in arrears, and that Council authorise the Mayor and   General Manager to execute all relevant documentation.


Council 12 June 2013                                                                                         Item 12.3


12.3.       Australian Local Government Association (ALGA) National General Assembly     


Approval for Councillor attendance at the ALGA National General Assembly being held at the National Convention Centre in Canberra on 16 – 19 June 2013.


General Manager   



The National General Assembly of Local Government will be held at the National Convention Centre in Canberra between 16 and 19 June 2013.

On 27 February 2013 Council resolved:

1.    That Council endorse Crs Taylor, Fitzpatrick, Allen, Seckold and the General Manager to attend the ALGA 2013 National General Assembly at the National Convention Centre in Canberra on 16 to 19 June 2013, with the necessary travel and accommodation costs to be defrayed by Council.

2.    That Councillors provide the General Manager with items to be considered via report to Council for submission as motions to the Assembly under the themes:

·      Motions that fall under the theme “Foundations for the Future – Twenty 13”

·      Be relevant to the work of local government nationally; and

·      Complement or build on the policy objectives of state and territory associations

After further consideration it is recommended that Council also endorse the attendance of Councillor Britten to the ALGA 2013 National General Assembly on 16 to 19 June 2013, with the necessary travel and accommodation costs to be defrayed by Council.






That Council endorse the attendance of Cr Britten at the Australian Local Government Association (ALGA) National Congress to be held 6 – 19 June 2013 in addition to Crs Taylor, Fitzpatrick, Allen, Seckold and the General Manager.


Council 12 June 2013                                                                                         Item 12.4


12.4.       Draft Communications Strategy     


A Communications Strategy is proposed to improve the process and function of Council-generated information finding its way to the community.


General Manager   



Following the Mayoral Minute (9 October 2012) and the decision that Council prepare a communications strategy, the document (attached for councillors) was drafted by the Communications Coordinator following workshops with councillors and staff to address the gaps in our efforts to effectively inform the community.

Following extensive research, the approach Council and similar organisations have taken in communicating were found to be antipathetic to the way people respond and choose to engage. Council has tended to focus on providing evidence and technical information as the basis of informing or persuading, often confusing many with detail unnecessary in conveying key messages or seeking constructive feedback.

Weaknesses were found in a number or areas which are summarised in the strategy as:

·          Bloat – we produce too much heavy and inaccessible information.

·          Disengagement – at the time of commencing the strategy we were failing to effectively engage the community through traditional and social media.

·          Language – we have a tendency to speak/write using a hard to engage language. We need to increase conversational elements whilst remaining professional and consistent.

·          Technology – we are failing to fully embrace the fast moving world of interactive digital communications. At the time of writing the strategy we were using our website solely as an electronic noticeboard.

·          Design – We have poorly designed documents. Words are close to irrelevant without smart design.

Each of the weaknesses above have been considered in the Communications Strategy. They have been approached using a method that focuses on community needs rather than organisational aspirations. We’ve opted for this approach because each of the weaknesses listed above are not so much a failure to act, but a consequence of mismatching our actions to the demands of information consumers. By understanding our community and what they want in terms of communications, we can effectively tailor our actions to the benefit of the community and Council. 



The Mayoral Minute stated our intention to pursue live streaming of Council meetings. Beyond technical issues in the current building, video streaming comes with privacy issues. It is suggested we fully investigate new Commonwealth privacy laws beginning March 2014.

In proposing an increase to our social media presence, particularly the image based platforms, there is a risk of copyright laws being breached. Staff posting images on Council social media sites must be aware of who owns the rights to the image. Likewise, there is also a ‘risk’ of content we post on social media sites being used by others and the site owners. This ‘risk’ is, however, negligible because we only post public documents, images and links onto social media sites with the intention of our material being shared. 

A small risk exists in the redesign of our Community Link page. In proposing a move to community stories and images we must ensure that all statutory requirements are met (listing of DAs etc). In that context, migration to the new online DA system will increase the ability of the community to access plans and submissions remotely, in turn potentially causing the names and claims of those making submissions to become public.


A review of Council’s Media and Communications Policy, and Media Guidelines and Procedures is currently underway. This will aim to streamline and improve efficiency in dealing with the media. Both also need social media components added.


Council adopted its Community Engagement Strategy with its Community Strategic Plan in 2010, which identified the basis of involving community by informing, educating, consulting and gaining feedback, utilising a range of tools such as on line (Bang the Table), community forums, focus groups and events. More recently, staff were working on a calendar of events approach to mapping out and synchronising consultation scheduled across the year. The new NSW Planning System also proposes alternate means of engaging community through strategy and policy work up front, rather than at DA stage.

Often community and councillors complained of information overload, or that they were not consulted unless they were personally contacted and there was evidence their views was published with final adopted documents.

However the Communications Strategy proposes to articulate the scale of documents through the ‘communications tree’, enabling the full scope of information available through the website, narrowing down to executive summaries, key directions and prime messages available through traditional and social media.

Social / Cultural

Increasing our social media presence will lift community expectations. Once a social media site has been established as a place for news and discussion, it is up to Council to maintain effective management and content strategies that build on our following and satisfy our existing users. The recent photo competition and feedback on the Bike Strategy are examples of how enthusiastically community can get involved though Facebook.


A number of resources are required to fulfil this strategy – they include a staff FTE; technology equipment, website and podcast tools; and handsets, at an annual cost of $75k.

The revision of document templates and style guide is also proposed, subject to quotation, to generate and reinforce brand.


The draft Strategy proposes engagement of a Digital Content Assistant to assist the migration and moderation of online and social media content. While webcasting or podcasting equipment will be contemplated through ICT budget and detail design of the Bega Civic Centre, it is proposed smartphones or tablets be deployed among key supervisory or regulatory staff not only as mobile office tools (certifications, inspections, timesheets), but to activate CRMs received while in the field, and upload images on asset directories and social media to monitor quality of work, and publish works and projects as they happen - rather than delay till traditional media reports on them.


To subliminally change the way people think and respond upon receiving information from or about our organisation, requires us to know our community and what they want in terms of communication. With this in mind we can match our actions as communicators to people and their needs. The actions outlined in this strategy will take us to the point where the things we say are heard, digested, responded to and shared. This allows us a point of entry into the emotions of people who come across information about Council. Provide short, simple and emotional information always with people in mind, and possibly we will see a change, for the better, in the way we are perceived.


Comprehensive findings and recommendations are listed in the strategy, but prioritised into five key actions required to get our communications back on track. These include:

·          Information bloat to be addressed with a multi-point information tree model of descending information and ascending emotion.


·          Move the BVSC website from Web 1.0 to Web 2.0 and prepare for future moves in line with internet user trends. Conduct a long-term review of website.


·          Conduct a design review of all Council publication templates for purpose of bringing design elements up to date with current trends.


·          Rework Community Link page to include balance between required information and community news. Link all stories to Council website.


·          Internal communications recommendations to be investigated through a separate strategy document.


A number of resources have been recommended as part of fulfilling this strategy. These include the recruitment of a Digital Content Assistant; the availability of a digital communications budget allocated for ongoing structural and back-end alterations to website, proposed audio streaming of Council meetings, the purchase of online tools/apps to aid communications; and the purchase of smartphones for key staff to relay visual evidence of the work we do on a daily basis.




1View. Communications Strategy (Councillor Only)



1.         That the Bega Valley Shire Council Communications Strategy be exhibited for             comment.

2.         That Council consider the proposed expenditures to implement the strategy in             the Budget at the meeting to be held 26 June 2013.

3.         That Council consider calling for expression of interests from             qualified/competent graphic designers to assist with the organisational redesign             of documents.


Council 12 June 2013                                                                                         Item 12.5


12.5.       Ongoing Operation of the Sapphire Aquatic Centre     


Reporting on options to operate the Sapphire Aquatic Centre on an interim basis, following the withdrawal of Sapphire Aquatic Limited from the Facility Management Agreement for the Sapphire Aquatic Centre.


Finance Manager  



On 10 April 2013, Council was advised that the management company Sapphire Aquatic Limited (SAL) was unable to meet the terms of the facility management agreement to operate and manage the Sapphire Aquatic Centre (SAC). Council was advised that the centre was running a substantial operating deficit and could not continue to operate without risking financial insolvency.

Council resolved to accept Sapphire Aquatic Limited withdrawal from the facility management agreement. Council also resolved to continue to operate the Sapphire Aquatic Centre until 30 September 2013, by which time a longer term operating model would be investigated and presented to Council. The Finance Manager was assigned responsibility by the General Manager to investigate current operating conditions and explore opportunities to turn the finances and management of the Centre around.

Since that resolution, Council staff has worked with the operational staff at the Centre to identify a number of areas where improvements need to be made in order to make the Centre financially viable again.

Councillors workshopped the issues, options and opportunities around staffing, leases, contracts, facility asset condition, expenses (including energy), fees and budgets on 15 May 2013. That workshop was also presented in the context of asset management planning and the review of pools generally, as contractors of two pools had indicated they would not take up the option to extend.

The purpose of this report is to present to Council a case for the continuation of the current arrangements at SAC (ie Council management) for a period of two (2) years to collect data on the operation of the facilities to inform Council and potential contractors/lessees of costs, returns and visitations; and allow the implementation of the proposed changes. 



As the “owner” of the Sapphire Aquatic Centre, Council can choose a number of operating models, including:

·          Council could seek to put the Centre out to tender for a commercial operator (as the other Council Aquatic Facilities are currently).

·          Council could appoint a Community body to operate the facility (as was the original operators of the Aquatic Centre)

·          Council operate the centre as an internal function (as proposed in this report).


Each of Council’s six aquatic facilities will require a new management agreement from 2015. This report requests a two year extension of the current operation of the Sapphire Aquatic Centre, to coincide with the management review of all aquatic facilities when they fall due.

In the meantime, the current holders of the Facility Management Agreement for the Eden and Bemboka aquatic facilities have notified Council they are electing not to exercise their option to continue to operate these facilities. As such, Council will also need to resolve to either seek new operators through tender or to operate internally.

There is no intention to rationalise/close the existing aquatic facilities.


By utilising Council’s resources, the SAC has been able to largely eliminate the operating deficit it held under the previous management. Items such as insurance, supplies and back-office support were all areas where Council was able to provide particular services at a cheaper rate than the previous arrangement.

Power consumption remains the Centre’s biggest financial risk. However a number of initiatives are being explored to mitigate the risk of power pricing fluctuations, as well better manage the demands for energy at the centre. For example, Council was successful in attracting government grants to install a number of energy efficiency devices at the SAC, as well as the other aquatic facilities within the shire.

A number of asset related issues have been identified initially through the asset audit by an independent engineer, and subsequently by staff, that require immediate attention. These items require significant investment to protect the facility in the longer term. It is imperative that the Centre begin to generate asset cash reserves to meet these renewal or replacement schedules.

In order to meet the short term financial obligations of the Centre as well as cater for the long term asset requirements, Council staff have identified a list of initiatives to both raise revenues and reduce expenditure at the Centre. These initiatives include:

·          Resetting membership pricing at a more affordable level.

·          Offering payment options such as direct debits to also aid patrons in lowering the transaction costs to visit the Centre.

·          Increasing communications with patrons, particularly families who utilise the aquatic programs such as learn to swim, etc.

·          Promoting the centre as a shire facility, through social media, clubs and all facility memberships.

By re-engaging and marketing with the community, the Sapphire Aquatic Centre can reinforce the all year, all weather facility that it aims to be, while providing a financially viable asset in the long term.


An operating and financial model has been prepared (which will be provided in a separate memo to Councillors at a later date) that if implemented successfully can return the Sapphire Aquatic Centre to a financially sustainable position.

In order to implement the initiatives, Council is asked to resolve to extend the current arrangement of an internally managed Sapphire Aquatic Centre for a period of up to two years. Short term and casual staffing contracts will be arranged, as well as negotiation of licences and contracts to operate within the centre. In that period, the operations and statistics of the Centre and other aquatic facilities off contract can be accurately determined.

Council is also asked to resolve on the management model for the Eden and Bemboka aquatic facilities in order to facilitate preparations for the summer season. That model may include short lease or contracts, or coming under the umbrella of management in conjunction with the SAC.






1.         That Council continue the operation and management of the Sapphire Aquatic Centre as an internal function of Council operated and managed by Council staff for a period of two years.

2.         That Council determine an operating model for the Eden and Bemboka aquatic facilities for a period of two years.


Council                                                                                                                12 June 2013



Questions On Notice


12 June 2013


18.1         Edrom and Imlay Road............................................................ 102

Council 12 June 2013                                                                                         Item 18.1


18.1.       Edrom and Imlay Road     


Cr Keith Hughes asked a question at the Council meeting on 1 May 2013, regarding Edrom and Imlay Road


Group Manager Infrastructure, Waste & Water  



Cr Keith Hughes asked a question at the Council meeting of 1 May 2013, regarding Edrom and Imlay Road.

Has there been any change in the status of the Edrom and Imlay Road and are there any changes in funding arrangements for this road?

The question was taken on notice by the Group Manager Infrastructure, Waste and Water who provided a response via a memorandum sent to Councillors on 22 May 2013:

Council has not received formal advice from the State Government. However, we understand from discussions with Member for Bega, Andrew Constance that Edrom and Imlay Road will be transferred from NSW Forestry to Roads and Maritime Services.






Council                                                                                                                12 June 2013


Confidential Business

Adjournment Into Closed Session

In accordance with the Local Government Act 1993, and the Local Government (General) Regulation 2005, in the opinion of the General manager, the following business is of a kind as referred to in Section 10A(2) of the Act, and should be dealt with in a Confidential Session of the Council meeting closed to the press and public.



That Council adjourn into Closed Session and members of the press and public be excluded from the meeting of the Closed Session, and access to the correspondence and reports relating to the items considered during the course of the Closed Session be withheld unless declassified by separate resolution. This action is taken in accordance with Section 10A(2) of the Local Government Act, 1993 as the items listed come within the following provisions:

20.1  Merimbula Lands - Redevelopment option

Reason for Confidentiality

This item is classified CONFIDENTIAL under the provisions of Section 10A(2) of the Local Government Act, which permits the meeting to be closed to the public for business relating to (d) the report contains commercial information of a confidential nature that would, if disclosed (i) prejudice the commercial position of the person who supplied it; or (ii) confer a commercial advantage on a competitor of the Council; or (iii) reveal a trade secret.

20.2  NBN Facility Wanatta Lane

Reason for Confidentiality

This item is classified CONFIDENTIAL under the provisions of Section 10A(2) of the Local Government Act, which permits the meeting to be closed to the public for business relating to (d) the report contains commercial information of a confidential nature that would, if disclosed (i) prejudice the commercial position of the person who supplied it; or (ii) confer a commercial advantage on a competitor of the Council; or (iii) reveal a trade secret.