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OrdinaryMeeting 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 Supplementary Agenda
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OrdinaryMeeting 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 Supplementary Agenda
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Council 31 October 2018
In accordance with the resolution of Council 20 September 2017, this section of the agenda will be chaired by the Mayor
12.8 SMART Drumline Trials......................................................................................... 4.
In accordance with the resolution of Council 20 September 2017, this section of the agenda will be chaired by the Mayor.
13.2 Notice to the Minister for Lands and Forestry of Council's employed Native Title Managers................................................................................................... 10
Council |
31 October 2018 |
12.8 SMART Drumline Trials................................................................................ 4
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Council 31 October 2018 |
Item 12.8 |
Council recently received an approach from NSW Department of Primary Industries (DPI) Fisheries in relation to a potential trial of SMART drumlines as a shark management tool within certain areas of the Shire. It is understood the trials are proposed at Tathra and Merimbula.
Director Assets and Operations
Background
DPI Fisheries advised they would be seeking Council endorsement for the trials prior to them potentially proceeding. In initial discussions, Council officers enquired as to what would occur should Council determine not to form a position one way or the other on the trials, to which the response was the trials would not proceed. Rather than not allow the community to determine whether or not the trials should proceed by not responding either way, this report has been prepared to allow Council to determine the most appropriate course of action. Should the trials proceed over the coming summer, a decision will need to be made in the short term to allow necessary preparatory arrangements to be put in place.
Options available are as follows:
· Council decide not to support the trials
· Council decide to support the trials
· Council facilitates a community survey with DPI Fisheries to then inform any decision it makes
· Council advise DPI Fisheries it does not wish to be involved in any way in the decision making process around the proposed trials and that it is considered appropriate for DPI Fisheries to undertake a community survey to assist the NSW Government in making a decision as to whether the trials should proceed.
It is the opinion of officers that Council should not be involved in making a decision around an initiative not normally within its remit, such as the SMART Drumline trials. It is anticipated the initiative may garner significantly different views from within the community.
Details on the SMART Drumline trials can be found at – (Ctrl+click to open the link via html)
https://www.dpi.nsw.gov.au/fishing/sharks/shark-management/smart-drumlines
In addition to the SMART Drumline trials, Council has also recently been notified that DPI Fisheries and Surf Life Saving NSW will be partnering to undertake unmanned aerial vehicle surveillance as a further Shark Management Strategy. The surveillance will occur at 18 sites across NSW including Tathra and Pambula. A copy of the notification with full details is also attached to this report for reference.
Community Engagement
Consultation undertaken
No consultation on the proposed initiative has been undertaken to date. It is recommended a survey of the community be undertaken to gauge the level of support for the proposed trials (irrespective of whether it is Council or DPI Fisheries that undertake the survey).
Financial and resource considerations
There are no direct financial impacts to Council associated with the SMART Drumline trials as they are currently proposed. Should Council consider endorsing the proposal, it is recommended it be made explicitly clear to the NSW Government and the community that Council will not provide any funding or support towards SMART Drumlining either now or into the future should the Government cease funding the program.
Risk
Should Council elect to support the SMART Drumline trials it would be recommended Council seek full indemnity from the NSW Government for any consequences that may occur as a result of the SMART Drumline trials.
Conclusion
As a consequence of Council being approached by DPI Fisheries to consider endorsing SMART Drumline trials, it was considered appropriate to garner community sentiment towards the proposal to allow Council to consider the proposal in an informed way. This report provides as much information as available to facilitate Council making a decision on the SMART Drumline proposal.
1⇩. Surf Life Saving NSW Shark Management Surveillance Trial
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Council |
31 October 2018 |
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Item 12.8 - Attachment 1 |
Surf Life Saving NSW Shark Management Surveillance Trial |
Council |
31 October 2018 |
13.2 Notice to the Minister for Lands and Forestry of Council's employed Native Title Managers............................................................................... 10
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Council 31 October 2018 |
Item 13.2 |
13.2. Notice to the Minister for Lands and Forestry of Council's employed Native Title Managers
A Resolution of Council is required to give notice to the Minister for Lands and Forestry of the name and contact details of Council’s employed Native Title Managers.
Director Community, Environment and Planning
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1. That Council receive and note the report. 2. That Council nominate the following Council officers as its Native Title Managers: i. Ms Rickee Marshall ii. Mr Rob Quick and iii. Mr Matthew Collins. 3. That Council give notice to the Minister for Lands and Forestry of the name and contact details of Council’s employed Native Title Managers, as required under Section 8.8 of the Crown Land Management Act 2016 (NSW). |
Executive Summary
Council is required to give notice to the Minister for Lands and Forestry of the name and contact details of Council’s nominated Native Title Managers by 31 October each year.
Section 377(1)(s) of the Local Government Act 1993 (NSW) (LG Act) states that the making of an application, or the giving of a notice, to the Governor or Minister is a non-delegable function meaning a Resolution of Council is required for such purposes.
Background
The practice of managing Crown Land in the Shire has changed significantly as a result of the Crown Land Management Act 2016 (NSW) (CLM Act) which came into force on 1 July 2018. To comply with the requirements of the CLM Act, Council is required to engage or employ at least one qualified Native Title Manager. Pursuant to Section 8.7 of the CLM Act written advice from a Native Title Manager must be obtained for any dealing by Council on Crown Land to ensure those dealings can be validated under Native Title legislation.
A Native Title Manager is a person who has undertaken the approved training facilitated jointly by the Crown Solicitors Office and the Department of Industry – Lands and Water and holds the necessary qualification issued by Department of Industry – Lands and Water. Council officers Rickee Marshall and Rob Quick attended this training on 17 November 2017 and Matthew Collins attended the training on 31 May 2018. They have all therefore attained the Native Title Manager qualification for the purposes of the CLM Act.
Financial and resource considerations
No financial implications relating to this responsibility have been identified at this stage.
Legal /Policy
Council must employ or engage at least one Native Title Manager to ensure dealings with land comply with any applicable provisions of the Native Title legislation. Section 8.8 of the CLM Act requires each Council to give notice to the Minister for Lands and Forestry of the name and contact details of any person the Council has engaged or employed as a Native Title Manager. The notice must be given by 31 October of each year.
Section 377(1) of the LG Act states that the giving of a notice to the Governor or Minister is a non-delegable function meaning a Resolution of Council is required.
Impacts on Strategic/Operational/Asset Management Plan/Risk
Risk
Council will not be complying with the provisions of the CLM Act if it does not formally nominate its appointed Native Title Managers to the Minister for Lands and Forestry prior to 31 October each year.
Attachments
1⇩. Native Title Manager FAQ
2⇩. Native Title Manager Qualification - Rickee Marshall
3⇩. Native Title Manager Qualification - Robert Quick
4⇩. Native Title Manager Qualification - Matthew Collins
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31 October 2018 |
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Item 13.2 - Attachment 2 |
Native Title Manager Qualification - Rickee Marshall |
