Meeting Notice and Agenda


An Ordinary Meeting of the Bega Valley Shire Council will be held at Council Chambers, Biamanga Room Bega Valley Commemorative Civic Centre Bega on
Tuesday, 1 May 2018 commencing at 2.00 pm to consider and resolve
on the matters set out in the attached Agenda.





Cr Kristy McBain, Mayor

Cr Liz Seckold, Deputy Mayor

Cr Tony Allen

Cr Robyn Bain

Cr Jo Dodds

Cr Russell Fitzpatrick

Cr Cathy Griff

Cr Mitchell Nadin

Cr Sharon Tapscott



General Manager, Ms Leanne Barnes

Director, Assets and Operations, Mr Anthony McMahon

Director,  Community, Environment and Planning, Mr Anthony Basford

Director, Business and Governance, Mr Graham Stubbs

Executive Manager People and Governance, Ms Nina Churchward

Coordinator Communications and Events

Minute Secretary




Live Streaming of Council Meetings

Council meetings are recorded and live streamed to the Internet for public viewing.  By entering the Chambers during an open session of Council, you consent to your attendance and participation being recorded.

The recording will be archived and made available on Council’s website www.begavalley.nsw.gov.au. All care is taken to maintain your privacy; however as a visitor of the public gallery, your presence may be recorded.

Publishing of Agendas And Minutes

The Agendas for Council Meetings and Council Reports for each meeting will be available to the public on Council’s website as close as possible to 5.00 pm on the Thursday prior to each Ordinary Meeting.  A hard copy is also made available at the Bega Administration Building reception desk and on the day of the meeting, in the Council Chambers.

The Minutes of Council Meetings are available on Council's Website as close as possible to 5.00 pm on the Monday after the 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  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 by Councillors, with amendments  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 and Conflicts of Interest

A guiding checklist for Councillors, officers and community committees

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 1993 and Office of Local Government

·         Non-pecuniary – regulated by Codes of Conduct and policy. ICAC, Ombudsman, Office 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?

Local Government Act 1993 and Model Code of Conduct

For more detailed definitions refer to Sections 442, 448 and 459 or the Local Government Act 1993 and Model Code of Conduct, Part 4 – conflictions of interest.

Agency advice     

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



Office of Local Government

(02) 4428 4100



NSW Ombudsman

(02) 8286 1000

Toll Free 1800 451 524




Disclosure of pecuniary interests / non-pecuniary interests

Under the provisions of Section 451(1) of the Local Government Act 1993 (pecuniary interests) and Part 4 of the Model Code of Conduct prescribed by the Local Government (Discipline) Regulation (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. 

The following form should be completed and handed to the General Manager as soon as practible once the interest is identified.  Declarations are made at Item 3 of the Agenda: Declarations -  Pecuniary, Non-Pecuniary and Political Donation Disclosures, and prior to each Item being discussed:

Council meeting held on __________(day) / ___________(month) /____________(year)

Item no & subject


Pecuniary Interest


   In my opinion, my interest is pecuniary and I am therefore required to take the action specified in section 451(2) of the Local Government Act 1993 and or any other action required by the Chief Executive Officer.

Significant Non-pecuniary conflict of interest

   – In my opinion, my interest is non-pecuniary but significant. I am unable to remove the source of conflict. I am therefore required to treat the interest as if it were pecuniary and take the action specified in section 451(2) of the Local Government Act 1993.

Non-pecuniary conflict of interest

   In my opinion, my interest is non-pecuniary and less than significant. I therefore make this declaration as I am required to do pursuant to clause 4.17 of Council’s Code of Conduct. However, I intend to continue to be involved with the matter.

Nature of interest

Be specific and include information such as :

·         The names of any person or organization with which you have a relationship

·         The nature of your relationship with the person or organization

·         The reason(s) why you consider the situation may (or may be perceived to) give rise to a conflict between your personal interests and your public duty as a Councillor.

If Pecuniary

  Leave chamber

If Non-pecuniary  (tick one)

 Disclose & vote        Disclose & not vote          Leave chamber

Reason for action proposed

Clause 4.17 of Council’s Code of Conduct provides that if you determine that a non-pecuniary conflict of interest is less than significant and does not require further action, you must provide an explanation of why you  consider that conflict does not require further action in the circumstances

Print Name


I disclose the above interest and acknowledge that I will take appropriate action as I have indicated above.



NB:  Please complete a separate form for each Item on the Council Agenda on which you are declaring an interest.


1 May 2018



Statement of Commencement of Live Streaming

Acknowledgement of Traditional Owners of Bega Valley Shire

1       Apologies and requests for leave of absence


That the leave of absence from 1 May 2018 to 2 May 2018 requested by Cr Dodds be accepted.

2       Confirmation Of Minutes


That the Minutes of the Ordinary Meeting held on 11 April 2018 as circulated, be taken as read and confirmed.

3       Declarations

Pecuniary, Non-Pecuniary and Political Donation Disclosures to be declared and tabled.  Declarations also to be prior to discussion on each item.

4       Deputations (by prior arrangement)


5       Petitions


6       Mayoral Minutes


7       Urgent Business


8       Adjournment to Standing Committees

There are no reports to Standing Committees.

9       Staff Reports – Planning and Environment


9.1                Application to modify development consent for Merimbula Nominees................................. 9

9.2                Biosecurity/Weed Management Plan......................................................................................... 15

10     Staff Reports – Community, Culture and Leisure


10.1              Refugee Welcome Signs................................................................................................................ 86

10.2              Council Land for Social and Affordable Housing Initiatives..................................................... 92

11   Staff Reports –Economic Development and Business Growth


Nil Reports

12     Staff Reports – Infrastructure Waste and Water


12.1              RFT 17.18 Sewerage Works Panel............................................................................................... 98

12.2              Bega Valley Local Traffic Committee......................................................................................... 101

12.3              RFT 06/18 Garden Organic and Timber Waste Processing................................................... 103

13   Staff Reports – Governance and Strategy


Nil Reports

14     Staff Reports – Finance


Nil Reports

15     Adoption of Reports from Standing Committees

There were no reports to Standing Committees.


16     Councillor Reports

16.1              Australian Local Government Women's Association Conference 2018 (NSW branch) – ‘Celebrating Rural Women’...................................................................................................................................... 107


17     Rescission/alteration Motions


18     Notices of Motion

18.1              Site Management Plan Tura Head Coastal Reserve (the Point) and Dolphin Cove Reserve 117


19     Questions On Notice


20     Questions for the Next Meeting


21     Confidential Business 


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

Adjournment Into Closed Session, exclusion of the media and public......................... 118


21.1              Personnel Matter

This report is confidential in accordance with section 10A (2) (a) of the Local Government act 1993 as the report contains personnel matters concerning particular individuals.

Statement of Cessation of Live Streaming for the period of the Closed Session.

Statement of Re-Commencement of Live Streaming

22     Adoption of reports from Closed Session

23     Resolutions to declassify reports considered in closed session  



1 May 2018



Staff Reports –Planning And Environment


1 May 2018


9.1              Application to modify development consent for Merimbula Nominees.............. 9

9.2              Biosecurity/Weed Management Plan................................................................. 15

Council 1 May 2018

Item 9.1


9.1. DA No. 2008.629: Application to modify development consent for Merimbula Nominees        


Director Community, Environment, and Planning    



Damian Iapozzuto – The Retail Group Pty Ltd


Merimbula Nominees Pty Ltd


Lot 21 DP 1231850 – 111 Main Street, Merimbula


B2 Local Centre

Site area


Proposed development

Retail Development – Supermarket


This report is seeking Council determination of an Application to Modify Development Consent 2008.629, to amend Condition No. 25 which specifies the timeframe in which 127 car parking spaces are to be made available to Merimbula Return Services League (RSL), to satisfy an existing restriction on the title of Lot 21 DP 1231850.


Officers Recommendation

1.         That Condition No. 25 of DA No. 2008.629 be amended to read as follows;

That provision shall be made for the parking of 127 vehicles on site within 22 months of the commencement of Stage 1 construction, to satisfy the restriction on title to provide parking for the Merimbula RSL development.

2.         That Council notify those persons who made a submission of the determination.



Executive Summary

This report details a request from The Retail Group Pty Ltd on behalf of the landowner Merimbula Nominees Pty Ltd to modify Condition 25 of Development Consent 2008.629.

Condition 25 specifies a timeframe within which 127 car parking spaces are to be made available on the site of the new Merimbula Woolworths Supermarket for use by the Merimbula RSL, to satisfy an existing restriction on the title of the land.

Originally it was estimated car parking would be available within 12 months of commencement of construction however during construction it became clear this timeframe could not be achieved. The applicant has reflected on the construction schedule and has now confirmed construction will be completed by November 2018. 

Council officers consider it is reasonable that the site should continue to be managed as a restricted construction compound, for the safety of both the public and construction employees, and allowing access to part of the site before completion of construction is not practical.

The applicant has confirmed construction is due for completion in November 2018, with the construction program indicating completion by 21 November 2018.  This would see the parking spaces available prior to the busy December 2018 holiday period.

It is recommended that Condition 25 be amended to reflect this timeframe.


The Development Application for a Retail Premises – Supermarket was approved by Council as a Deferred Commencement Consent on 31 August 2010. The Deferred Commencement Consent conditions related to the submission of a Construction Noise Management Plan and valid Legal Agreement for the provision of service road at the rear of the site.

Those conditions were satisfied and the Consent became active on the 14 August 2015.

Since determination of the original Consent there has been a number of modification Applications affecting the Conditions of Consent.  The following is a list of Applications to Modify, relating to the provision of the 127 parking spaces;

·        A Section 96 Application was received on 26 July 2013 to modify a number of conditions including Condition 15. Condition 15 (at the time) required the provision of 127 spaces on site for the Merimbula RSL either during construction or through alternative arrangements.

Council resolved on 16 October 2013 to amend the Condition to the following: ’provision shall be made for the parking of 127 vehicles on-site during construction. Prior to issue of a CC a construction works plan shall be submitted showing the 12 month period could be met’.

·        A further Application to Modify was received by Council on 14 October 2016 seeking the staging of the development to include Stage 1 excavation works and Stage 2 supermarket development. Approval was issued under officer delegation to amend Condition 15 to be included as part of Stage 2. The Condition was renumbered at this point as Condition 25.

·        A further Section 96 Application was received by Council on 26 July 2017 seeking modification of the Consent for development into three stages to include: Stage 1 excavation; Stage 2 basement/slab; and Stage 3 Supermarket.

Approval was issued on 22 August 2017 with Condition 25 requiring the provision of 127 parking spaces kept in Stage 2.

Description of the site

The subject site is located on the northern side of Main Street and adjoins the Merimbula Imlay Bowling Club to the west, Council’s former library and child care centre buildings to the east and vacant land to the north. The land is rectangular in shape with an area of 7,783sqm with a frontage of approximately 73m to Main Street.

The site is currently under construction for the proposed supermarket approved under Development Consent 2008.629. At the time of writing of this report, the concrete slabs of the carpark and walls of the new supermarket have been constructed.

[See Attachment 1 – Locality Plan]


The land is zoned B2 Local Centre under Bega Valley Local Environmental Plan 2013. Retail development is permitted in the zone subject to the Development Consent. The proposed use is consistent with the objectives of the zone.

Planning assessment

The proposal has been assessed in accordance with the Matters for Consideration under Section 4.55 (previously Section 96) of the Environmental Planning and Assessment Act 1979. Council officers highlight the key issues of the proposal in this report for Council’s consideration.

A copy of the assessing officer's Section 4.55 Assessment will be available at the meeting.

Details of the proposed modification

The current Section 96 Application before Council was received on 5 February 2018 whereby the Applicant requests to have condition 25 either 'deleted' in its entirety or 'amended' to read:

25     a)     That provision shall be made for parking of 127 vehicles on site within 22 months of the commencement of Stage 1 construction to satisfy the restriction on title to provide parking for the Merimbula RSL development.

Or alternatively to read:

b)     That provision shall be made for parking of 127 vehicles on site within 16 Months of the commencement of Stage 2 construction to satisfy the restriction on title to provide parking for the Merimbula RSL development.

Condition 25 currently reads:

25     a)     That provision shall be made for the parking of 127 vehicles on-site within 12 months of the commencement of construction to satisfy the restriction on title to provide parking for the Merimbula RSL development.

That prior to the issue of The Stage 2 Construction Certificate by the Principal Certifying Authority for commencement of any works on-site the developer shall submit a Construction Works Program to Council meeting the requirement to provide 127 spaces within 12 months of commencement of construction.

b)     That construction works on site shall not commence prior to February 2014.

The applicant has provided the following in support of the Section 96 Application to Modify;

“TRG are the appointed Superintendent for the new Woolworths Supermarket development in Merimbula, and act on behalf of Merimbula Nominees, the owner of the subject site. To accompany the formal 'Modification Application' (attached) in reference to the above mentioned site address and DA, the below provides further description on the modification(s) being sought. We are seeking a modification to the Development Consent Conditions as noted below;

Condition No; 25,

To have the clause 25 'deleted' in entirety or 'amended' to read:

25. a) That provision shall be made for parking of 127 vehicles on site within 22 months of the commencement of Stage 1 construction to satisfy the restriction on title to provide parking for the Merimbula RSL development.

Or alternatively to read:

a) That provision shall be made for parking of 127 vehicles on site within 16 Months of the commencement of Stage 2 construction to satisfy the restriction on title to provide parking for the Merimbula RSL development.

The reasoning for seeking such modification to Condition 25 are as follows:

•             Construction of the Stage 1 works, being the bulk 'excavation works' on the subject site, and use of the fill material to construction the new Service Road, did not commence until late January 2017 and the duration of this work was approximately 6 months. (unknown at the time of DA), noting also that complete closure of the site and access to car parking did not occur until mid-late April 2017.

•             The building contractor appointment to carry out the Stages 2/3 'Supermarket Works' did not occur until May 2017, and at this time the estimated construction period to carry out the Stage 2/3 'Supermarket Works' was programmed at 16 Months. (unknown at the time of DA).

•             Based on the information above, the required 'total' Construction Period to carry out 'all' Stages of the works associated with the subject site and construction of a Supermarket is 22 months. This information was not known at the time of the original DA.

Provision to be made for parking of 127 vehicles on site within 12 months of construction.

Whilst the Modified Consent Condition did require provision of parking on site within 12 months, the applicant and developer have attempted to satisfy this condition, although it is now recognised this is not feasible, on the following basis:

1.         The Applicant and Developer have considered the option of providing car parking spaces on the subject site, within the basement level car park below the new supermarket, prior to the completion of the supermarket on the level above. This has been discussed in detail with the appointed Building Contractor, and whilst the construction of the basement car park is anticipated to occur around late April 2018, an Occupancy Permit for the use of this space would not be available until such time as all of the building works, inclusive of the Woolworths Supermarket are completed in November 2018, therefore on the basis of public and occupant safety and site security, access to this space cannot be allowed until such time that all relevant approvals for use are obtained.

2.         The Applicant and Developer have considered the option of providing 'off-site' parking in lieu, on the adjoining 'Bowling Club' newly created lot, although further to negotiations with the land owner, and the civil engineering contractor carrying out the subdivision works on this site, this option is now not considered feasible, as it has the potential to disrupt and delay, the completion of the new land subdivision and Service Roads currently being constructed, which in turn would only further delay the construction of the adjoining supermarket works beyond the scheduled completion of November 2018.

In conclusion, and considering the 'actual' construction period required to carry out a development of the scale and size of Woolworths Merimbula, provision of parking on site within 12 Months of commencement is not feasible, hence the request to remove or modify the said condition.”

Council officer comments:
The issue of the provision of 127 car parking spaces has previously been considered by Council in past determinations of the Development Application and Section 96 Applications to Modify. The 127 parking spaces are to satisfy the restriction on title to provide parking for the Merimbula RSL development.

The Applicant has detailed that due to construction constraints, it is unable to provide these spaces until appropriate construction works have been completed. The addition of 10 months to the initial construction timeframe estimate is considered reasonable with the Applicant confirming their ability to provide a clear timeframe for completion.  Having the required parking spaces available by November 2018 will ensure maximum parking prior to the busy December 2018 summer holiday/Christmas period.

Community Engagement

The Application to Modify was notified to the Merimbula RSL and Merimbula Chamber of Commerce for comment. 

The following comments were provided;

Merimbula RSL“The Club has not got any issues or concerns about the car parking”

Merimbula Chamber of Commerce“It's clear from the request that the developers aren't able to provide the 127 parking spaces on site due to logistical reasons. That's fine. Given the negative impact on the community that not having those parking spaces available (with RSL patrons occupying other available public parking) till November, we reject their proposed solutions and ask that the 127 spaces be provided in an alternate location within the Merimbula CBD (such as Berrambool).”

Council officer comment:
The Applicant has provided operational constraints as to why the 127 parking spaces cannot be located on-site or on adjoining properties. In terms of an alternative location for parking, the Applicant notes the following;

“We late last year had explored the option of utilising a portion of the newly created subdivision land at the Merimbula Imlay Bowling Club, although it was found that it would have a severe impact on the current construction works on this land and the construction of the new Service Road at the rear of the bowling club and supermarket site.

We had also originally proposed to provide the car parking within basement level of the new supermarket site currently under construction and had asked the builders to include this in their construction program, although further to discussions with the builder at the time it has been found that whilst the space may be available come mid this year, building works as a whole will not be complete till November, and the use of this space prior would not be possible due to not being able to obtain the required Occupancy Permit approvals, and to issues relating to safety and security of this area as it will still be a building site”.

There is public parking available at Berrambool Sportsground which is generally available during business hours Monday to Friday.  During weekends when sporting activities dominate the use of the sportsground, the availability of parking is reduced however some overflow parking areas are available in the vicinity of the oval parking which could be used by the general public.



1.          2008.629 Locality Plan



1 May 2018

Item 9.1 - Attachment 1

2008.629 Locality Plan


Council 1 May 2018

Item 9.2


9.2Biosecurity/Weed Management Plan     


The draft report for Bega Valley Shire Council’s local Weed Control Programs has now been completed and is ready for formal public exhibition.


Director Community, Environment and Planning  



Officers Recommendation

1.         That the report be noted.

2.         That Council adopts the principles and priorities identified within the South East Strategic Weeds Management Plan and further prioritises actions through 8 local management programs listed below based on local risk, impact and feasibility of control:

- Serrated Tussock (Nasella trichotoma)

- African Love Grass (Eragrostis curvula)

- St John’s Wort (Hypericum perforatum)

- Gorse (Ulex europaeus)

- Chilean Needle Grass (Nasella neesiana)

- Crofton Weed (Ageratina adenophora)

- Sagittaria (Sagittaria platyphylla

- Blackberry (Rubus fruiticosus spp aggregrate, excluding listed cultivars)

3.         That Council place the draft Local Weed Management Plan on public exhibition for a period of no less than 28 days.

4.         That if no submissions are received following the public exhibition period the Local Weed Management Plan will be considered finalised. A further report will be presented to Council if public submissions are received.


Executive Summary

The Noxious Weeds Act 1993 was replaced when the Biosecurity Act 2015 (the Act) and Regulations came into effect on 1 July 2017. Council was the local control authority for the enforcement of noxious weeds under the 1993 and continues to be the local control authority and is responsible for enforcing weed management under the new Act.

The primary objective of the Act is to provide a framework for the prevention, elimination and minimisation of biosecurity risks and promote shared responsibility between government, industry and community. This premise of a shared responsibility to stop weeds and other biosecurity matters including pest vertebrate management is at the core of the Act. The concept of risk is also a key feature of the Act, and investment for weed management and level of response is commensurate with the risk posed by the weed.

This report seeks to enact local Weed Control Programs which are a function of the Act, and will complement the NSW Invasive Species Plan 2015-22, and the South East Regional Strategic Weed Management Plan 2017-22 (SERSWMP),at Attachment 2.

This report recommends Weed Control Programs for the eight identified weeds to enable Council to enforce the control of weeds that pose a high threat to agriculture and biodiversity in the Bega Valley Shire by enabling suitable control measures for these weeds. Once endorsed, all landholders will have a legal obligation to fulfil the control requirements in the Bega Valley Shire under the Act.

For a majority of these species, they are high risk and high priority for local control programs and have significant environmental and /or animal health impacts.


The new Act

Under the Act Council remains a local control authority for weeds, and is now responsible for ensuring all landholders are meeting their ‘general biosecurity duty’ in relation to the control of declared Biosecurity Matter (Weeds). A ‘general biosecurity duty’ will involve landholders completing the appropriate management and control activities for certain weeds.

To carry out Council’s legislative functions under the Act, and to protect our landholders from new incursions of weeds that could impact their livelihoods, Council inspects both private and public property to ensure landholders are meeting their general biosecurity duty. Council also provides assistance, extension and education services.

Biosecurity Matter

Biosecurity matter means:

(a)       any living thing, other than a human, or

(b)       any part of an animal, plant or living thing, other than a human, or

(c)       a product of a living thing, other than a human, or

(d)       a disease, or

(e)       a prion, or

(f)        a contaminant, or

(g)       a disease agent that can cause disease in a living thing (other than a human) or that can cause disease in a human via transmission from a non-human host to a human, or

(h)       anything declared by the regulations to be biosecurity matter.

In the context of Council’s legal obligations with regards to compliance, any non-native plant that has the potential to present a high level of risk to, for example,e agriculture or biodiversity which might be seen as biosecurity matter.

The General Biosecurity Duty

The general biosecurity duty is the landholder’s legal obligation to prevent, eliminate and minimise biosecurity risks. The biosecurity matter that presents the risk may, or may not be, officially declared in the Regulation. The Act provides mechanisms for the Local Control Authority to more readily identify and manage risk associated with weeds to the agriculture, the environment and human and animal health, while enabling us to work more flexibly with landholders through compliance mechanisms such as the Biosecurity Undertaking.

A risk management approach

In addition to the general biosecurity duty, specific State and Regional Priority weeds (weeds that are of high risk to the south east region and to NSW generally) are managed directly through the Act (Prohibited Matter) and the Biosecurity Regulations 2017 (Biosecurity Zones).

For these high risk weeds, prompt and responsible action is essential to avoid significant impacts on landholders, industry and the environment across NSW. The management objectives for these weeds are to prevent their incursion into NSW, and to eradicate them if found.

The Act and regulations provide specific regulatory requirements for these state level priority weeds and high risk activities. These regulatory requirements include Prohibited Matter, Biosecurity Zones, Mandatory Measures and Control Orders

The objectives assigned are prevention, eradication, containment and asset protection. Weeds covered specifically by the Regulations in Biosecurity Zones for the Bega Valley Shire are: Alligator Weed; Bitou Bush; and Water Hyacinth and the control objectives for them correspond to prevention and eradication for the Bega Valley Shire.

Weeds that are not listed in the Act or Regulations, are of local importance, and are discovered regularly in our inspection program, will now be managed by Local Control Programs developed by the Local Control Authority (Bega Valley Shire Council). The objectives for these weeds correspond to eradication, containment and asset protection.

All other weeds that may pose a risk to agriculture, biodiversity or human and animal health are subject to the general biosecurity duty and may be risk assessed on a case by case basis.

Biosecurity Zones

Under the Regulations, Bega Valley Shire is within the biosecurity zones for Alligator Weed, Bitou Bush and Water Hyacinth. A biosecurity zone is an area in which extra regulatory measures apply including notifying the Local Control Authority if found, eradicating the plant, and preventing further spread of the plant. Landholders must comply with the regulatory measures for these weeds in these biosecurity zones to ensure they meet their general biosecurity duty.


Table 1: Example of how some weeds are now managed in the Bega Valley Shire

Example Weed

Directly managed under


Control Objectives

Parthenium Weed


Biosecurity Act 2015, Biosecurity Regulations 2017

Prohibited matter and biosecurity zone

Prevention and Eradication



Biosecurity Act 2015


Prohibited matter

Prevention and Eradication

Bitou Bush


Biosecurity Act 2015, Biosecurity Regulations 2017

Biosecurity zone and schedule 3

Eradication and Containment

Alligator Weed

Biosecurity Act 2015, Biosecurity Regulations 2017

Biosecurity zone and schedule 3

Prevention and Eradication



Biosecurity Act 2015, Biosecurity Regulations 2017

Local Control Programs

Local Control Programs and schedule 3

Eradication and Containment

African Lovegrass


Biosecurity Act 2015, Biosecurity Regulations 2017

Local Control Programs

Local Control Programs and schedule 3

Eradication and Containment



Biosecurity Act 2015, Biosecurity Regulations 2017

Local Control Programs

Local Control Programs and schedule 3

Eradication and Containment



Biosecurity Act 2015, Biosecurity Regulations 2017

Schedule 3

Containment and Asset protection

St John’s Wort

Biosecurity Act 2015, Biosecurity Regulations 2017

Local Control Programs

Local Control Programs and schedule 3

Eradication and Containment

* Note that the general biosecurity duty also applies to all the plants listed above.


Community Engagement

Consultation undertaken

Consultation has not been required to date.

Consultation Planned

The draft Weed Control Program will be placed on public exhibition for a period of no less than 28 days. The draft program can be accessed via Council’s website and hard copies will be placed at the main administration office and the public libraries located at Eden, Tura Beach and Bermagui.

Financial and resource considerations

The NSW State Government’s Weeds Action Program financially contributes to Council’s weeds inspection activities. The changes to the legislation do not affect the budget requirements for Council’s inspection and control activities.

State Government funding is provided to Council under the Weed Action Program (WAP) program for it to inspect:

·  every property in the Shire for new weed incursions on a 6 year cycle (approximately 1600 private properties per year)

·  high risk pathways (e.g. roads, rivers)

·  high risk sites (e.g. campgrounds, rest areas, nurseries)

·  eradication sites (e.g. Coolatai grass and Blue Hounds Tongue)

·  priority sites (e.g. high conservation sites), and

to ensure all weed mapping and recording is Biosecurity Information System (BIS) compliant.

The Department of Primary Industries (DPI) provides funding through the WAP with Local Land Services (LLS) being the Lead agency as distributor of the funding annually. The LLS:

·      oversee and provide guidance to LCA’s to manage weeds in NSW;

·      audit Council’s activities; and

·      provide funding to stakeholders (inc LCA’s) via the NSW WAP for activities relating to the prevention or elimination of new weed incursions.

LLS does not provide funding for:

·      activities related to widespread weeds (Serrated Tussock, African Lovegrass, Fireweed);

·      on-ground weed control activities; or

·      compliance activities.

Funding source



2015/16 WAP program



2016/17 WAP program



2017/18 WAP program



Legal /Policy

The Weed Control Programs are a function of the Act, and will complement the NSW Invasive Species Plan 2015-22, and the South East Regional Strategic Weed Management Plan 2017-22.

Council, as the Local Control Authority has the following functions under the Act:

·      the prevention, elimination, minimisation and management of the biosecurity risk posed or likely to be posed by weeds,

·      to develop, implement, co-ordinate and review (local) weed control programs,

·      to inspect land in connection with its weed control functions,

·      to keep records about the exercise of the local control authorities functions under the Act, and

·      to report to the Secretary about the exercise of the local control authorities functions under this Act.

Once endorsed by Council, the Weed Control Programs attached to this report will enact section 371 (1) (b) of the Act, and become legal documents that landholders must abide by in order to meet their general biosecurity duty. There are penalties that apply to persons who do not meet their general biosecurity duty. In the event a owner does not meet their general biosecurity duty, Council can also organise for the work to be undertaken and recover the costs.

Biosecurity Officers are appointed as Authorised Officers under the Act by their Local Control Authority, delegated by the Secretary of the Department of Primary Industries.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

The Delivery Plan (DP) 2017-2021 action is to develop and deliver biosecurity initiatives that protect our agricultural lands and protect and enhance our natural systems by:-

·      Reviewing and integrating Council’s vegetation and biosecurity management activities to ensure compliance with the Act and Biodiversity Conservation Act 2016 requirements; and

·      Contributing to agency and community partnerships through involvement with the South East Regional Weeds Committee.

Environmental / Sustainability

Council’s responsibilities for the enforcement of the control of biosecurity matter (weeds) are crucial to ensuring these weeds are not impacting upon the natural environment of the Shire. New and emerging weeds along with garden escapees have a negative impact on native flora and fauna and may cause further issues on agricultural lands.

Weeds are acknowledged as the second most serious cause of biodiversity decline after habitat loss from land clearing.

The SERSWMP 2017-22 provides Council and landholders with guidance for undertaking weed management objectives for the Bega Valley.

In reference to the SERSWMP and its overarching weed risk assessment outcomes and recommendations, this assists the local Council to “fine tune” localised weed control outcomes.

Weed risk assessments (WRA’s), mapping of incursions, records and potential high risk pathway inspections have been carried out and collated over many years by weeds officers which has enabled WRA’s to be assessed  at a localised level. As a result of this already large investment, some of the Shire's widespread weeds also have a potential impact on a sub local level within the Shire e.g. African Lovegrass is a dominant weed within central locations of the Shire but in the North and South it occurs only in isolated incidences.

SERSWMP notes the outcomes to demonstrate compliance with the General Biosecurity Duty is: African Lovegrass objective is ASSET PROTECTION - Land managers reduce the impacts from the plant on priority assets.

This alone will not provide enough authority for Biosecurity Officers to regulate full control of isolated infestations where the known occurrences have not yet established. Without this African Lovegrass will be allowed to dominate the landscape and begin to have an adverse effect on economy, environment and community in those areas as they have in the central region of the Shire.

Subsequently, the eight weeds in Attachment 1 have been assessed as high threat, and represent the majority of high risk weeds found when conducting property inspections.

These weeds can be best managed through local Weed Control Programs, which Council can implement under the Act, ensuring that appropriate weed control measures are implemented.

The Weed Control Programs remove any potential ambiguity, and give landholders clear directions they must follow to discharge their general biosecurity duty.

Weeds that are not included in the Act, the Regulations, or in Council endorsed Weed Control Programs, may be dealt with on a case by case basis with a risk management approach as a general biosecurity duty.


Weeds are costly to the Australian, and particularly in agricultural, settings. Weeds reduce farm and forest productivity, they invade crops, smother pastures and in some cases can harm livestock. They aggressively compete for water, nutrients and sunlight, resulting in reduced crop yield and poor crop quality. The costs of control are also significant with regards to purchase of chemical and diesel, and the time taken to spray weeds that could be more usefully spent maintaining pasture and animal health.


With the introduction of the Act it is important to maintain consistency and continuity of expectations and enforcement regarding weed control. The Weed Control Programs attached to this report will ensure Council is able to meet our community’s expectations, and reduce the threats to Council and community assets posed by weeds.

Social / Cultural

Weed Control Programs will enable Council to continue working with landholders to ensure high risk weeds are not impacting upon agriculture and landholder livelihood.




1.          Attachment Draft Bega Valley Shire Council Weed Management Program 2018 (Councillor Only)

2.          Attachment South East Regional Strategic Weed Management Plan 2017 - 2022



1 May 2018

Item 9.2 - Attachment 2

Attachment South East Regional Strategic Weed Management Plan 2017 - 2022


































































Staff Reports – Community, Culture and Leisure


1 May 2018


10.1            Refugee Welcome Signs...................................................................................... 86

10.2            Council Land for Social and Affordable Housing Initiatives................................ 92

Council 1 May 2018

Item 10.1


10.1. Refugee Welcome Signs     


Council officers have not been able to complete the requirements of the Council Resolution of 2016 relating to the installation of Refugee Welcome signs project and are seeking direction on other options.


Director Community, Environment and Planning  



Officers Recommendation

1.    That Council note the report.

2.    That Council resolve to install Refugee Welcome signs on Council owned land near the entrance to Council’s Library Services at Bermagui, Bega, Tura Beach and Eden.


Executive Summary

The purpose of this report is to provide an update on the difficult process relating to the installing of Refugee Welcome signs at the entrances to the Bega Valley Shire as resolved by Council.

Officers are not able to implement the adopted Resolution, as suitable locations at the Shire entrances cannot be identified and the relevant authorities are not willing to provide approval.

In seeking to fulfil the intent of the Refugee Welcome signs, it is proposed the signs be installed on Council owned land at each of Council’s Library Services buildings. The installation of these signs at Council’s library buildings are in keeping with the spirit of the Resolution, namely to welcome refugees to the Shire. It also links refugees to our Library Service, which is a good first point of contact with Council officers and services and provides a ‘spring board’ to other Council and community based services. In addition, the signs would also be visible to passing motorists and pedestrians, raising further awareness of Council’s commitment to welcoming refugees to the Shire.


Council at its Ordinary Meeting of 26 April 2016 resolved on a Notice of Motion by Cr Seckold to:

1.    That Council seek approval from relevant authorities for the erection of a Refugee Welcome Sign at each end of the Shire.

2.    That Council use the wording suggested by the Refugee Council of Australia.

The Notice of Motion is attached for Councillors information.

Council has been registered as a Refugee Welcome Zone since 2013 through the Refugee Council of Australia (See attached notification).

Approval by relevant authorities

Council officers have not been able to obtain approval from Road and Maritime Services (RMS) for the installation of the signs and they have advised they do not support this type of road side sign. In correspondence received from RMS, they state:

“Our position is that we do not support these types of signs on state roads. We receive a large number of requests for many worthwhile causes (eg. domestic violence messages, water restrictions etc.) and to allow signs for every cause would result in the state road network becoming proliferated with these messages, distracting from existing road signs and safety. Further, there is no evidence that such signs actually result in behavioural changes (i.e. a reduction in roadside litter in this instance).”


Council officers explored the use of existing sign infrastructure at the ‘gateways’ to the Shire. No suitable existing signs were able to be identified in areas that met the Resolution.

Consideration was also given to mounting the signs on township name signs, but it was felt this was not appropriate as it linked the sentiment of the welcome to the town rather than the Shire.

Exploration of Council owned land in the ‘gateways’ areas did not identify any suitable places for the installation of the signs.

Staff changes

Despite best intentions, three Council officers who had been allocated this task over the last two years have left the organisation at various points, delaying the finalisation of the matter.


1.    That the Resolution is noted as not being able to be completed, and therefore closed.

2.    That the signs are located near the entrance to Council’s Libraries on land owned by Council. Council officers have superimposed images of the signs (already designed and fabricated) on photos of the Council’s library sites to provide an indication of how these signs when in place might look. This is indicative only (see attached pictures). The signs have been designed in orange to reflect the colour used during Harmony Day celebrations.

3.    That other locations for these signs are identified. This has proven difficult to date.

Community Engagement

Consultation undertaken

The installation of the signs has been discussed with various groups involved in refugee and asylum seeker support.

The design of the sign was undertaken in consultation with Refugee Council of Australia representatives.

Consultation Planned

No further consultation is planned as this report concerns implementing a Resolution of Council.

Council consideration of input

Council has been involved in supporting refugee activities for some time directly through the managing a Federal grant program provided to support new migrants as well as attendance/participating in refugee forums, discussion at Councillor workshops (by the previous Council) and through deputations and public forums of Council.

Financial and resource considerations

There is minor cost associated with the purchase and installation of the signs and considerable officer time over an extended period trying to resolve this matter. The signs have already been purchased.

Funding source



Community Development Budget


$2,000 (estimate)

Legal /Policy

Planning approval is not required as the signs are covered by exempt or complying development under the State Environmental Planning Policy 2008.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

Community Strategic Plan reference:

Goal 1: We are cooperative, caring and enjoy a culturally rich community life


It is critical the location complies with relevant legislation and has the approval from relevant authorities. As this cannot be provided, it would present an unacceptable risk to proceed to install the signs at the Shire's entrances as first contemplated.

Social / Cultural

Groups such as the Social Justice Advocates of the Sapphire Coast, Bega Valley Advocates for Timor Leste and Rural Australians for Refugees Bega are keen for the signs to be installed as soon as possible, and it is envisaged there would be a small unveiling ceremony with interested Councillors and community members. The installation of the signs will also be communicated to the public via a media release, website and social media.



1.          Refugee Welcome Zone Notice of Motion 2016

2.          Refugee Welcome Zone Declaration

3.          Examples of signage at indicative locations



1 May 2018

Item 10.1 - Attachment 1

Refugee Welcome Zone Notice of Motion 2016



1 May 2018

Item 10.1 - Attachment 2

Refugee Welcome Zone Declaration



1 May 2018

Item 10.1 - Attachment 3

Examples of signage at indicative locations


Council 1 May 2018

Item 10.2


10.2. Council Land for Social and Affordable Housing Initiatives     


This report is seeking direction from Council regarding the use and/or disposal of Council owned land for the purpose of social and affordable housing initiatives.


Director Community, Environment and Planning  




Officers Recommendation

1.    That the report be received and noted.

2.    That Council offer for lease, land located at 28 Howard Ave, Bega (Lot 314 DP 1078628) to     an appropriate community based organisation for a social housing initiative on the basis of         a financial return to Council over the life of the lease.

3.    That Council officers work with a relevant partner organisation to identify Council owned     and/or managed land suitable for future applications to the NSW Government’s Social and      Affordable Housing Fund.


Executive Summary

There is often confusion around the terms used to describe initiatives that support people to access housing. social housing and affordable housing are two quite different things and are defined below.

Social housing is described by the NSW Department of Family and Community Services as:

“Social housing is rental housing provided by not-for-profit, nongovernment or government organisations to assist people who are unable to access suitable accommodation in the private rental market. Social housing includes public, Aboriginal and community housing, as well as other housing assistance products such as bond loans.” https://www.housing.nsw.gov.au/social-housing accessed 22 April 2018

Affordable housing is described by the NSW Department of Family and Community Services – Centre for Affordable Housing as:

“Affordable housing is housing that is appropriate for the needs of a range of very low to moderate income households and priced so that these households are also able to meet other basic living costs such as food, clothing, transport, medical care and education. As a rule of thumb, housing is usually considered affordable if it costs less than 30 percent of gross household income.”

http://www.housing.nsw.gov.au/centre-for-affordable-housing/about-affordable-housing accessed 22 April 2018

This report primarily focusses on the issue of social housing and Council’s support for local initiatives.



Council at its Ordinary Meeting of 13 December 2017 considered a Notice of Motion from Councillor Griff and resolved unanimously:

1.    That Council facilitate an Affordable Housing Roundtable early in 2018 drawing together a relevant range of organisations and individuals to collate data and housing options including options for a youth refuge.

2.    That as a matter of urgency, Council request NSW Housing to provide a listing and status report on the vacant public housing dwellings in the Shire awaiting repairs - with a view to facilitating occupancy.

3.    Council write to the State Government seeking consideration of options to address the high level of vacant private homes, which severely limits the rental market.

4.    That as part of our asset management strategy Council officers identify Council land and buildings which we could divest to appropriate organisations to run an affordable housing project.

5.    That Council write to the NSW Holiday Park Trust to demand they work with the Social Justice Advocates of the Sapphire Coast to build social housing in Pambula.

This report focuses on item 4 above.

An affordable housing roundtable has been organised for Tuesday 15 May 2018. Councillors and the community have been vocal in their call for the roundtable to produce real outcomes for residents. Groups such as the Social Justice Advocates of the Sapphire Coast have raised the issue of social housing with Council on a number of occasions.

Council facilitated a roundtable discussion in February 2016 as part of round 1 of the Social and Affordable Housing Fund. An application to the Fund requires significant investment from partners in capital and/or land, and at the time Council was not in a position to provide land towards a project. Council provided written support to a project, which ultimately did not proceed. Council also wrote to the responsible State Government Minister at the time, seeking an opportunity to pilot a model specifically for remote and rural communities however this offer was not taken up.

Council at its Ordinary Meeting of 13 December 2017 also considered a report regarding asset management for 2018/19 and links to the long term financial plan. Again Council unanimously resolved:

1.    That Council note the report.

2.    That the actions outlined by asset class be referred to the asset management, delivery plan and long term financial plan review for the 2018/19 year.

3.    That staff begin reviewing and reporting to Council in relation to specific actions outlined relating to Council lands and buildings.

This report relates to item 3 above in that it identified parcels of land that may be surplus to current requirements. The public report included the following:

“Surplus Land

An important aspect of Council’s discussions about assets is Council’s land portfolio. Council’s Land Investment Strategy is due for review and will be presented to Council in 2018 for consideration. 

Council has considered an assessment of a list of surplus land for potential divestment at this time. These are outlined below: 

Operational land to be offered for sale

·    Park Street Bega light industrial 8 lots & potential road

·    23, 29, 31 Mecklenberg St Bega residential

·    Minyama Pde Bega residential

·    Taronga Cres Bega low density res, primary production

·    28 Howard Ave Bega residential

·    21 Tarlinton St Cobargo

·    Flora St Eden

Negotiations to be held with neighbours for divestment

·    Ravenswood St Bega

·    Bega River foreshore

·    Arthur Kaine Drive Merimbula – leased to golf club

        Business Case to be developed

·    Bega Sale yards

 For further investigation

·    Merimbula airport land Pambula Golf Club

·    George St South Pambula

·    Pambula Beach (14 & 60PB Rd; 71 Culgoa Cres)

·    Cnr Park & Reid Sts Merimbula boundary adjustment

·    21 Park St Merimbula”

The land presented in this report has been previously identified and reported to Council.

Council has also been approached by the Sapphire Coast Tenancy Scheme who has been in discussion with other organisations about a partnership for an application to the NSW Government’s Social and Affordable Housing Fund. Officers have provided an in-principle letter of support based on previous Council Resolutions on the matter.

For further information about the Social and Affordable Housing Fund see https://www.facs.nsw.gov.au/reforms/social-housing/SAHF


There are a number of options Council could consider in supporting a local social housing project initiative through the provision of land. These include, but are not limited to:

1.    Sell identified land ‘as is’ at market value to a community based organisation.

·    This has two benefits in that it raises funds for reinvestment in other activities and removes future liability of the land and capital improvement from Council; however the purchase of the land could potentially act as a deterrent to community based organisations.

2.    Sell identified land ‘with value added improvements’ at market rates to a community based organisation. I.e. sell land with development consent for social housing.

·    This comes at a cost in terms of officer time and the Development Application  (DA) process, but is likely to increase the value of the land and the speed at which a development could take place once purchased.

3.    Transfer ownership of identified land to a community based organisation at no cost for the purpose of a social housing initiative.

·    Whilst this option essentially ‘gifts’ land to a third party it ensures there is no future liability for Council in relation to the land or capital improvement that occurs on the land. There would be costs associated with the transfer.

4.    Lease identified land to a community based organisation (period to be agreed) at no cost.

·    Similar to the above this option provides the value of the land as a contribution toward a social housing initiative; however the capital improvements on the land potentially become a future liability for Council (or the community organisation if asked to remove capital improvement at the end of the lease). This provides no return for Council for reinvestment.

And as recommended in this report:

5.    Lease identified land to a community based organisation (period to be agreed) on the basis of a return to Council over the life of the lease agreement.

·    This option provides a win- win for Council (and the community) in that it seeks to make a return, albeit over a longer period, to offset future liabilities and provides the land for no upfront cost to the community based organisation. The land asset is retained by Council for future use or disposal.

Community Engagement

Consultation undertaken

Councillors and officers have previously engaged in the following forums with community organisations that are active in supporting and developing social housing initiatives. This has included participation in:

·    The round 1 SAHF EoI discussion in 2016

·    The homelessness services network

Consultation Planned

Council will be coordinating a Social and Affordable Housing Roundtable in May with local community and not for profit organisations, and State Government stakeholders.

Council consideration of input

Council has considered this issue on a number of occasions through public forum presentations by groups such as the Social Justice Advocates of the Sapphire Coast.

Reports to Council and Councillor Briefings have been held on a number of occasions as noted in the background section of this report.

Financial and resource considerations

For Council to implement a social housing outcome through the provision of land assets to a partner organisation for the development of housing stock, the following investments in Council resources will be required: 

a)    Council officers' time to facilitate the transaction of land assets through preparing planning approvals, due-diligence investigations and developing sale transfer or leasehold agreements.

b)    Consultant legal services to advance sale transfer or leasehold agreements.

c)    The opportunity-cost of the sale or leasehold transfer of the land for social housing benefit at below fair market value at the expense of foregoing its liquidation on the commercial market at fair market value and investing the return on alternative Council projects.


Funding source



For outgoings a) and b) to be funded via the General Fund as part of normal operations. Reimbursement over time is possible if recommendation is accepted as presented.


Dependant on land transfer

Legal /Policy

The following NSW legislation may impact on the leasehold or sale transfer of Council owned operational land:

·    The Housing Act 2001 (NSW)

·    Associations Incorporations Act 2009 (and Regulations 2005)

·    Corporations Act 2001

·    Contracts Review Act 1980

·    Environmental Planning  and Assessment Act 1979 (and Regulations 2000)

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

The recommendation in this report aligns with Council’s Delivery and Operational Plan:

Outcome 4 – Liveable Places

Goal 7

·    Our Shire continues to be a vibrant, enjoyable, safe and affordable place to live.


Future liability in relation to capital improved land i.e. buildings that come back to Council at the end of their useful life.

As Council would remain the land owner the depreciation value would continue to be included in Council’s accounts.

Social / Cultural

Affordable, safe and secure housing can contribute to a range of health and wellbeing outcomes and contribute to people's ability to engage economically and socially in their community.







1 May 2018



Staff Reports – Infrastructure Waste And Water


1 May 2018


12.1            RFT 17.18 Sewerage Works Panel....................................................................... 98

12.2            Bega Valley Local Traffic Committee............................................................... 101

12.3            RFT 06/18 Garden Organic and Timber Waste Processing.............................. 103

Council 1 May 2018

Item 12.1


12.1. RFT 17.18 Sewerage Works Panel     


The establishment of this panel will enable efficient procurement of local companies for works on sewerage infrastructure and will provide value to Council for necessary works.


Acting Director Assets and Operations  



Officers recommendation

1.    That Council accepts the recommendations as outlined in the confidential attachment.

2.    That the following companies be included on the Sewerage Works Panel:

                        ( to be added following adoption of item 1.)


Executive summary

Due to a high procurement burden for the engagement of local contractors, their ability to be considered for works has been diminished compared to larger regional contractors who are on Local Government service/goods provision panels. By going out to tender for a local service provider panel, local contractors can be efficiently procured under a robust contractual arrangement for a range of sewerage works. This will deliver more efficiencies in completion of work timeframes and lower costs for that work by seeking quotes from an established panel.

The panel will operate for a period of two years with the option to extend by one year, twice. ie. a 2 + 1 + 1 contract. New panel members will be invited to tender via a Request For Tender (RFT) and join the existing panel at Council discretion, nominally six or twelve months. This will ensure no local contractors miss out on panel membership.


The tender pranel evaluated submissions based on the following criteria:

Project Value



Schedule of rates

100% (only affects reactive engagement ranking order)

Project Experience and Capability



Experience completing similar projects


Work health and safety, quality and environmental management qualifications and experience


Demonstrated capacity to undertake a project of this scale



Tenderers were asked to complete the following table thereby nominating capacity for works:

Package size

Capacity to deliver work (y/n and notes)

Interest to deliver work (y/n and notes)


Eg. Minor sewer replacements, small packages of dig ups, notional value <$30k




Eg. Minor sewer extensions, larger packages of dig ups, notional value $30k - $100k




Eg. New sewer branches, technically difficult or deep works, large replacements or renewals, new facilities, notional value >$100k



Environmental consultancy services

Eg. REF, aboriginal heritage, site supervision and audit

(This category may apply to any works and is not limited to sewerage construction)




The tender evaluation panel then assessed previous experience of the firms, and the nominated key personnel, and rated each submission as follows:

Meets requirements for the large works panel

Meets requirements for the medium works panel

Meets requirements for the small works panel

Meets requirements for the environmental works panel

Fails to meet the minimum requirements. At the Panel’s discretion, it may pass over the Tender or allocate a score that it considers appropriate.

Financial and resource considerations

Budget allocation has been included in the sewer fund via the sewer network and minor project budget line items.

Community engagement

Since this work may be on private property all private work will require nearby landowner property communication including:

·    7 day and 48 hour notification letters

·    A monitored phone contact number

·    Discussion and agreement of any works on private property with a property owner at least one week before work commences.

Legal /policy

Private works may be undertaken on land for which Council owns an easement and for other land containing sewerage assets under the Local Government Act 1993.

Impacts on strategic/operational/asset management plan/risk

Strategic alignment

The Sewerage Asset Management Plan requires renewal of Council assets to reduce the risk of environmental spills.

Social / cultural

There is a risk that works undertaken on private properties will cause distress to private landowners. This is particularly so where sewer assets run underneath landscaping and structures. This risk will be managed by early and comprehensive landowner engagement as well as a rectification plan. All private works will also be completed under a Review of Environmental Factors compiled by an external environmental consultant. This will include consideration of the landowner as well as environmental and heritage items.



1.          Confidential Memo for RFT 17.18 (Councillor Only)


Council 1 May 2018

Item 12.2


12.2. Bega Valley Local Traffic Committee     


This report recommends Council adopt the recommendations of the Bega Valley Local Traffic Committee from their meeting held on 11 April 2018.


Acting Director Assets and Operations  



Officers Recommendation

That Council adopt the following recommendations of the Local Traffic Committee:

184.RSP.015 Proposed “No Stopping” zone on the corner of Ives and Toallo Streets Pambula.

1.    Council approve the installation of a “No Stopping” zone at the western side of the intersection of Ives and Toallo Streets Pambula, commencing at a distance of 6 metres from the property line of Ives Street and a distance of 20 metres westerly along Toallo Street from the property line intersection.

2.    Council approve the installation of a “No Stopping” zone at the eastern side of the intersection of Ives and Toallo Streets Pambula, commencing at a distance of 6 metres from the property line of Ives Street and a distance of 60 metres easterly along Toallo Street from the property line intersection.



Executive Summary

The Local Traffic Committee is primarily a technical review committee and is not a Committee of Council.  Local Traffic Committees operate under delegation from NSW Roads and Maritime Services who are responsible for traffic control on all New South Wales roads. Their role is to advise Council on traffic control matters that relate to prescribed traffic control devices or traffic control facilities for which Council has delegated authority.

It is a requirement for Council to formally adopt the recommendations from this Committee prior to action being taken. The recommendations were supported unanimously by the Committee.



1.          Map for No Stopping Zone Ives and Toalla Streets Pambula 



1 May 2018

Item 12.2 - Attachment 1

Map for No Stopping Zone Ives and Toalla Streets Pambula




Council 1 May 2018

Item 12.3


12.3. RFT 06/18 Garden Organic and Timber Waste Processing     


This report details the outcome of the evaluation of Services Tender 06/18 for Garden Organic and Timber Waste Processing and recommends award to the preferred tenderer.


Acting Director Assets and Operations  



Officers Recommendation

1.    That Council accepts the tender evaluation recommendation as outlined in the Confidential Attachment.

2.    That Council accept the tender from <insert> in relation to contract for the works described in Tender RFT 06/18.

3.    That authority is delegated to the General Manager to execute all necessary documentation.

4.    That the other tenderers be advised of Council’s decision.


Executive Summary


Council aims to reduce organic waste disposed to landfill by implementation of best practice in organic waste processing. In support of this system Council requires a contractor to supply all labour and equipment required for grinding and shredding of stockpiled garden organic waste, timber waste including shearing large stumps delivered to Council’s waste and recycling depots. Council may also require this service at construction sites where substantial vegetation clearing is required.

To effectively manage vegetation stockpile volumes at waste facilities, and to enable a Contractor to amortise equipment costs, the services will be provided on a monthly cycle over a contract term of five years.

The tender was publically advertised in the Sydney Morning Herald, Council’s website and TenderLink on 13 March 2018 and closed on 4 April 2018. A site inspection was conducted for tenderers on 23 March 2018.

Tender submissions were received from:

·    A & D Tree Services Pty Ltd (Nowra)

·    Soilco Pty Ltd (Kembla Grange)

The tender submissions were assessed against the following evaluation criteria:

Project Value



Schedule of rates


Project Experience



Experience completing similar projects



Work health and safety, quality and environmental management qualifications and experience

Demonstrated capacity to undertake a project of this scale

Project delivery and functionality



Proposed arrangements, including site establishment and traffic management plans


Tender program

Recognition of local outcomes, demonstrated support for local business and community enterprise

Financial and resource considerations

Budget allocation has been made available in the waste services fund. This tender is based on a schedule of rates and the exact cost will vary, dependent on quantities from year to year. 

Legal /Policy

The tender process complies with the Local Government Act 1993.

Council’s waste facility licences under the Protection of the Environment Operations Act 1997, permit mulching of wood waste and garden waste.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

This contract supports Council’s 2020 Vision on Waste Strategy and its commitment to recycling and reduction of waste to landfill and the reuse of waste.

These services form part of the operational plan.

Environmental / Sustainability

The activity has sustainability benefits in providing processed feedstock to a composting operation, which ultimately returns organic carbon to the soil. By diverting organic waste from landfill, the activity helps to avoid the generation of methane, thus reducing greenhouse gas emissions and reducing the rate of consumption of landfill space.


Garden organic and timber waste processing at waste and recycling sites are necessary for the effective operation of waste services in the Shire. The tender evaluation process for garden and timber waste processing is complete and award to the preferred tenderer is recommended.



1.          RFT 06 18 Confidential Memorandum Garden Organic and Timber Waste Processing (Councillor Only)




1 May 2018



Councillor Reports


01 May 2018


16.1            Australian Local Government Women's Association Conference 2018 (NSW branch) – ‘Celebrating Rural Women’.............................................................................. 107

Council 1 May 2018

Item 16.1


16.1. Australian Local Government Women's Association Conference 2018 (NSW branch) – ‘Celebrating Rural Women’     


The Australian Local Government Women’s Association Conference 2018 (NSW Branch) was hosted in Gundagai from Thursday 15 – Saturday 17 March.  The theme for the 2018 Conference was ‘Celebrating Rural Women’. The event focused on supporting and understanding the constraints that women in Local Government face in rural and remote communities. This report is provided by Crs Dodds and Tapscott.


Cr Tapscott  


Cr Sharon Tapscott

Some statistics

Local Government NSW

·    14% women as General Manager

·    28% women as Mayor

·    25% women as Deputy Mayor

·    32% of councils have less than two women councillors

·    Four councils have no female representation

·    Overall NSW does not have equal representation for the community of the state

Friday 16 March

Anna Daniels was the MC for the conference.

She is a writer, journalist, Television presenter, radio announcer.  She has appeared on The Project as their reporter on rural affairs and she is a public speaker with a lot of humour.

The topic for the Conference was “Celebrating Rural Women- being the best you can”

We were welcomed by the Mayor Abb McAlister.

He is very proud of Gundagai and its history.  They are an amalgamated Council with Cootamundra and this has thrown up challenges, although he admits there is a lot of Government money sloshing around these councils at the moment.  Their Main Street upgrade is not quite finished but will be a real charmer when completed, high lighting a lot of the district's history and heritage.

Steph Cooke, MP Member for Cootamundra

She was against the amalgamation but accepts these are the cards she must play for the benefit of her constituents.

We were encouraged to listen to the following speakers and to focus on expanding our personal skills and develop skills in identified gap areas for the benefit of our communities and ourselves.

Anna Daniels then spoke with The Challenge to Astound Yourself.

·    overcome self-set boundaries

·    support others to be the best they can be

·    trust your instincts....don’t over think issues

·    take a risk but gather support

·    take the opportunity to empower others by supporting them.

Freda Nicholls local author and freelance writer - Topic - Our stories

·    everyone has a story ie something you can give to someone else

·    you can do this through sharing , networking, and developing an affinity and mentoring

·    you need trust, confidence in each other, and engagement

·    most of you need to really LISTEN

·    you need to grasp what they are really saying

·    this applies especially to constituents and other councillors

Robyn Henderson presented Power of Networking.

·    networking is not something you DO it is something you live.

·    be authentic

·    have quality conversations

·    act like the host not the guest, take responsibility, don’t wait to be served with the answer or solution

3 x laws:

1.            give with no return or expectation of return

2.            have an abundance mentality... there is enough for everyone ... win/win .....NOT if you are getting something, I must be losing something

3.            what you give out is what you get back.

Vivian Thompson – A short time to make an impression (Fire fighter with 25 years’ experience with rural fire brigade.)

·    need courage, get that by building confidence that comes from knowing your subject and be authentic

·    you need to be brief, persuasive, short and sharp

·    need an elevator speech. ... 30sec max.

·    celebrate good stories - if only with yourself

·    share good news

·    positive attracts positive

·    negative attracts negative


·    need a mantra to say to yourself


·    do it like you mean it

·    stay calm, speak clearly

·    I choose to be happy


·    speaking too fast

·    cramming too much information in

·    using slang or acronyms

·    no preparation... do not know audience or subject

·    having no business card for people to take away

Workshop with Robyn Henderson - Presentation Skills Workshop

·    look for stories relevant to the issue.

·    should be no more than 24 hours old

·    should also be part of that region or relative to that region.

·    incorporate stories from your life both  positive and negative, use your personality, be authentic and use humour where possible.


·    read from power point

·    use monotone

·    say "UMM"

·    talk too quickly

·    arrive late

·    lack preparation

If you have dissenters, hear them out, shut them down by: "You may be right " or something similar.  This stops conversation, namely...no where to go .... no argument.

Dr Neryl East: Certified Speaking Professional - Leadership in the Spotlight: how ALGWA members can adapt to the shifting business leadership environment of the digital age.

A leader should be:

·    "in-disruptable"

·    invaluable

·    indelible


·    reputation can be damaged within minutes through social media...... leadership needs to be stable and not disrupted.

·    communities are now listening to what grass roots staff say about council, they are the gate keepers of councils reputation.

·    leaders of the organisation are becoming less and less creditable as social media escalates.

·    everyone with a phone is a news reporter.

·    everyone has information and is sharing it ......  not always the truth

·    get on the front foot with the plain and full truth of whatever matter is brewing. Be in valuable

Be indelible

·    leave your mark by being the best of you.

·    experience the power preparedness

Saturday 17 March

Councillor Coral Ross, ALGWA National President

·    very active in the anti-sexual harassment space.

·    the issue of the Lord Mayor of Melbourne seen as a national issue, not isolated to that council.

·    ALGWA took complaint to papers.

·    need to change Code of Conduct so that when recommendations are made there is an independent body, rather than OLG, overseeing outcome.

·    suggest a LG commissioner with a panel of peers.

·    ALGWA looking at superannuation for women and child care in the context of local government.

·    ALGWA noted that Australia was the second country to get the vote for women but is now 61st in the world for percentage of women representing within government.

·    men never have to justify their over representation in the decision making process.

Jessica Grace: Motivational Speaker from Cootamundra Topic: Wrapped and Ready For Success

·    valuing yourself in everyday life.

·    your perception of your worth affects your confidence and motivation.

·    influences your health and lifestyle.

·    impacts on your daily success.

·    be empowered to recognise your worth.

·    let go of past limitations.

·    break habit of diminishing value.

Leigh Bowden: Councillor, Cootamundra Gundagai Regional Council Topic: Feminism, Social Justice, a Tree Change and Local Government: A Reflection

Challenges facing rural women

Patriarchal society ... white mans' rules, handed down through the male generation to believe they are free to make decisions, women are owned


·    prejudice occurs when one group believes it is superior to another group

·    power occurs when one group is over represented.

·    many changes need to occur but will only occur if women keep supporting each other to be the best they can.

·    women think differently to men and that diversity is invaluable

Youth Councillor Sam Bowden

·    need councillors to engage with schools.

·    invest time in the youth

·    one Mayor has open door policy for two hours monthly to talk to students on any concerns issues.

Cr Jo Dodds

100 attendees, including both councillors and council staff

Steph Cooke – Member for Cootamundra

·    focus on the skills you bring to the table and especially on those skills you need to develop. Is it communication, is it financial skills, is it public speaking.

·    improve yourself and get better outcomes across the board. “There is a lot that men can teach us – they think differently, they behave differently, you’ve got to think like a guy to get things done”. (I disagree with the last part of this idea…)

·    applauds women working hard to make a difference, achieve change.

·    doesn’t support amalgamations – “I would have crossed the floor to vote against it”

Marianne Saliba – ALGWA NSW President.

·    address to conference

Anna Daniels - The Challenge to Astound Ourselves

Co-writer The Project, ABC online comedy, Producer Red Symons Breakfast Show

·    women must support other women so that they can be their best.

·    sometimes all you need is one other person to support you, put you at ease, and you do your best.

·    don’t be afraid, trust yourself, don’t take yourself too seriously – authenticity is precious.

·    if you want to want to BE something you need to just start being it. (Anna produced a video of herself as a presenter so she could then show people herself in the role.)

·    when you encounter setbacks don’t let others opinions of you, shape you.

·    what we believe, expect, will become what happens.

·    encouragement from others is KEY! Be this person for another person! We can empower someone else by our faith in them.

(Louise Thurtell, Allen and Unwin, encourages rural writers.)

Frida Nicholls – Local Author and storyteller

·    everybody has a story. Something we can pass on to someone else.

·    oral and written history, fairytales

·    storytelling is sharing, networking, finding affinities with like-minded people.

·    interviewing – need skills in drawing a person out, build trust, interest, curiosity.

·    anything over 5000 copies is technically a bestseller!

·    women are natural storytellers. Tend towards openness, empathy and engagement. But we can put each other down.

(Dugong Writers Festival)

Robyn Henderson – Professional Networking Strategist, The Power of Networking

·    networking is not something you DO, it’s something you LIVE.  Good networkers:

1.    Give without expectation – do something to help someone else achieve their goal.

2.    Have an abundance mentality – look for opportunities, not negatives. “Maybe not yet, but one day…”

3.    Reciprocity – you get back what you give.

·    have quality conversations rather than ‘work the room’

·    bring your whole self and be authentic!

·    networking includes phone calling, texts, Tele-coffee (just being with someone, communicating without multi-tasking), email, a thank you note, a ‘good morning’ to a stranger, a question. DO 15 minutes per day. (I’ve networked with 12 people already – discussing personal AND council issues)

How to start the conversation: Tips

1.   Look for an interesting person, difference, as point of interaction (it can be as simple as a nice scarf)

2.   Invite a nearby person into the conversation because they share a colour, name, whatever… intro them with a quick update on what you were learning about the first person. Act like the host and not the guest!!

·    whenever there’s an opportunity to nominate someone for an award etc, do it!

·    “networking is a bit like sunsets – if you don’t show up, you’ll never know what you missed”

·    dealing with difficult people: “Oh Sam, it’s not like you to be say such a nasty thing” Adam Kahane? Collaborating with the Enemy

Vivien Thomson – Former rural firefighter and incident controller

Climate change and firefighting – she has noticed the biggest impacts on how fires move.

·    make your answers to community enquiries honest, open and courageous.

·    share your good news. Cultivate positivity.


·    in situations of high difficulty and stress ‘Stay calm and speak clearly’

·    I choose to be happy

·    find your personal statements


The Elevator Pitch:

·    30 seconds (over a minute & you lose them)

·    persuasive speech

·    what’s your message – objective

·    who you are – skills, qualifications

·    what you are offering

·    write it down and practice it (but keep it fresh)



·    speaking too fast

·    don’t cram too much into it


“You don’t know how strong a woman is until you put her in hot water” – Eleanor Roosevelt

Workshop – Mindfullness

‘Radical’ from the Latin, Radicalis (sp) coming back to the origin, roots.

Sandie Morthern – The Changing Face of Unions in Local Government

·    the current changes in the Women’s movement are as important as the civil rights changes were in the 1960s – US union organiser this year.

·    #MeToo #TimesUp March For Our Lives (gun law)  All empowered by women.

·    a Cert 3 Metalworker is on $43 ph a Cert 3 Careworker is on $24. The gender pay gap continues to be a substantial issue for women.

Coral Ross – ALGWA National President

·    when she was the only woman on council she always wore bright colours so that it was obvious that there was only one woman.

·    passionate about supporting women as officers or councillors.

·    ALGWA was formed 67 years ago. In 1951 just 1% of councillors were women. Now national, non-party political, all volunteers. A unique and powerful organisation as it is for BOTH officers AND councillors.

·    local Government has had its own "MeToo" time recently. Robert Doyle’s recent stepping down. ALGWA both supported the women who complained and raised the issue more generally. The Board decided that this was NOT just a local issue, but national. Demanded changes to the Code of Conduct. The Herald Sun published suggestive photographs of the complainants. Board made a formal complaint to the Press/Journalists Union. Coral appeared before the Council and requested they change their CoC. Called for an independent investigation process, at arm’s length from councils. A Local Commissioner and Panel of Peers. Minister should implement the sanctions.

·    ALGWA continues to support and advocate for women experiencing harassment in the workplace.

·    Australian Gender Equality Council – about 500,000 members. Inc women in mining, schools, construction etc organisations. Official launch in Sydney April 11th 2018. Superannuation and childcare to be the first two focus points.

·    research indicates that companies with at least one woman on the board do better by a significant percentage.

·    womens' presence also reduces risk, debt levels, behaviour, increased debate, increased male attendance and preparation. Provided clarity, enhanced debate, challenges views, enhanced behaviour norms.

·    Susan Grace Benny, LG, SA, 1919 – first ever woman elected to a level of govt in Australia. We are now 61st in the world in terms of women in government below 1. Rwanda, Bulgaria, Moldavia…. We were 43rd and continue to drop. Number of women councillors in NT has dropped. NSW average is 29.5% women councillors. WA - 37%. Australia wide - 32.8%.

Leigh Bowden – Feminism, Social Justice, a Tree Change and LG, a Reflection

·    the challenges of being a rural woman are myriad.

·    feminism continues to challenge patriarchy.

·    patriarchal thinkers are not always male. Feminists can be male.

·    racism is a combination of prejudice and power. The dominant group gets to call the shots. One group, white males, may believe that their norms, attitudes, beliefs and traditions are the only view. If people of colour act badly towards white people this may be classed as rude, insulting, harassing but not racism, as the power still rests with the white males.

·    when you move to a new region it is polite to ask permission from the elders to move there.


Casual work force:

60% women

32% men

·    divorce impacts women financially harder.

·    women walk away from the money more than do men.

·    women live 3 years longer than men.

·    33% of women have NO SUPER AT ALL

·    some companies actually pay women more super than men to cover this problem.

·    at retirement women have on average $113,000 LESS than men.

·    super guarantee kicks in around $450 per month so people earning less, with one employer, don’t get super.

Sam – young woman rising to leadership, Gundagai Youth Council (they are on FB)

·    Mayor of Mosman has a 2 hour per month open door for young people to approach her with any civic issues, requests or ideas.

·    spoke about challenges to young people in regional areas and her growing confidence in a supportive community

General Discussion – Hot Button Issue

·    after speakers raised their hot button issues it became clear that the number one issue for both female councillors and female staff was bullying in the workplace.






1 May 2018



Notices of Motion


01 May 2018


18.1            Site Management Plan Tura Head Coastal Reserve (the Point) and Dolphin Cove Reserve      117

Council 1 May 2018

Item 18.1


18.1. Cr Mitchell Nadin - Site Management Plan Tura Head Coastal Reserve (the Point) and Dolphin Cove Reserve        



Notice of Motion

That the following items be further clarified and reported to Council for inclusion in appropriate works plan for the site:

·    Vegetation management items including retention of banksias and melaleucas (trees) at The Point site and Dolphin Cove site (indicated on map) and options for clearing of other vegetation types including wattle (acacia sophorae) and tea tree (leptospermum) and deadwood.

·    Management of vegetation canopies on both sites

·    Reduction in understory density in secondary Dolphin Cove site when funding becomes available.

·    The extent of future vegetation and general site management for The Point site. 

·    The use intermittent native plantings - not bollards or a walking track - to delineate APZs.




On October 11,  2017 Council resolved on a broad range of responses from the community regarding management of two council reserves in the North Tura precinct - one at The Point and one at Dolphin Cove. The zoning for both areas is RE1. 

Council staff subsequently released an amended Site Management Plan for the two areas. 

This motion seeks to further clarify Council's intention for the management of the two sites. 

Cr Mitchell Nadin






1 May 2018


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:

21.1    Personnel Matter

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 (a) the report contains personnel matters concerning particular individuals.