Ordinary

Supplementary Agenda

An Ordinary Meeting of the Bega Valley Shire Council will be held via Zoom on
Wednesday, 22 September 2021 commencing at 2:00pm to consider and resolve
on the matters set out in the attached Agenda.

To:

Cr Russell Fitzpatrick , Mayor

Cr Liz Seckold

Cr Tony Allen

Cr Robyn Bain

Cr Jo Dodds

Cr Cathy Griff

Cr Kristy McBain

Cr Mitchell Nadin

Copy:

Chief Executive Officer, Mr Anthony McMahon

Director, Assets and Operations, Mr Ian Macfarlane

Director, Community, Environment and Planning, Dr Alice Howe

Director, Business and Governance, Mrs Iliada Bolton

Manager Communications and Events, Ms Emily Harrison

Project Lead, Recovery, Rebuilding and Resilience, Mr Chris Horsburgh

Minute Secretary, Mrs Jackie Grant

Council 22 September 2021

Item 6.1

6.1. Infrastructure Contributions Reforms

Cr Fitzpatrick

Recommendation

That Council:

1. Calls on the NSW Government to withdraw the Environmental Planning and Assessment Amendment (Infrastructure Contributions) Bill 2021 (the Bill) from the NSW Parliament.

2. Writes to the Member for Bega The Hon Andrew Constance, the Premier The Hon Gladys Berejiklian MP, Treasurer The Hon Dominic Perrottet MP Minister for Planning and Public Spaces The Hon Rob Stokes MP, and Minister for Local Government The Hon Shelley Hancock MP, seeking:

a) withdrawal of the Bill;

a) further consultation with the local government sector on any proposed reforms to the infrastructure contributions system; and

b) de-coupling of the Independent Pricing and Regulatory Tribunal’s review of the rate peg to include population growth from the infrastructure contributions reforms.

3. Writes to the Shadow Treasurer The Hon Daniel Mookhey MLC, Shadow Minister for Planning and Public Spaces Mr Paul Scully MP, Shadow Minister for Local Government Mr Greg Warren MP, The Greens Mr David Shoebridge MLC, Shooters, Fishers and Farmers Party, The Hon Robert Borsak MLC, Pauline Hanson’s One Nation The Hon Mark Latham MLC, Animal Justice Party The Hon Emma Hurst MLC, Christian Democratic Party (Fred Nile Group) The Hon Fred Nile MLC, Independent Mr Justin Field, Portfolio Committee Chair The Greens Ms Cate Faehmann MLC, Portfolio Committee Deputy Chair Animal Justice Party The Hon Mark Pearson MLC and Committee members Liberal Party The Hon Catherine Cusack MLC and The Hon Shayne Mallard MLC, The Nationals The Hon Ben Franklin MLC, and Australian Labor Party’s The Hon Rose Jackson MLC and The Hon Adam Searle MLC seeking their support in securing the withdrawal of the Bill from the NSW Parliament and outlining Council’s concerns with the Bill.

4. Alerts the local media to the threat of future ratepayer funds being expended rather than developer levies for new public infrastructure brought about by increased development under the proposed legislation and shares and promotes these messages via its digital and social media channels and via its networks.

5. Affirms its support to LGNSW and requests LGNSW continue advocating on our behalf to protect local government from any amendments to infrastructure contributions that leaves councils and communities exposed to expending ratepayer funds on new public infrastructure made necessary by new development, currently the responsibility of developers.

Background

I am calling on Councillors to support our local government sector’s campaign on infrastructure contributions reforms.

The NSW Government introduced the Environmental Planning and Assessment Amendment (Infrastructure Contributions) Bill 2021 into Parliament on 22 June 2021.

The Bill was subsequently referred on 24 June 2021 to the Upper House Portfolio Committee No. 7 – Planning and Environment for inquiry and report by 10 August 2021.

Councils support efforts to reduce complexity, cut red tape and improve transparency and equity. However, implementation of the reforms will have far reaching financial implications for Bega Valley Shire Council and our community that are unknown at this stage, and there is concern that we may be worse off under the reforms.

These reforms may force our Council to delay or completely remove projects from our capital works plan with a detrimental impact not only on community wellbeing and participation in civic life, but also crucially on job creation.

Councils need to be in a position to deliver quality infrastructure and open spaces if they are to attract homebuyers, housing and commercial development and business investment and these reforms put this at risk.

Councils also object to the Government’s decision to tie reform of the rate peg to cater for population growth to reductions in infrastructure contributions. Reform of the rate peg is required independent of changes to contributions. This presents a concerning cost shift from developers onto local government and ratepayers.

It is premature to push forward with this legislation while so much of the infrastructure reform agenda remains unknown.

Local Government NSW (LGNSW) has been advocating this position on our behalf and has met with the Minister for Planning and Public Spaces, The Hon Rob Stokes MP, on several occasions to stress that councils and their communities must not be worse off under any reforms.

LGNSW has made a submission to the parliamentary inquiry, opposing the passage of the Bill, and on Friday 16 July LGNSW President, Linda Scott, spoke at the inquiry hearing alongside other local government representatives to present a united front on this issue.

LGNSW will continue its advocacy efforts on our behalf and is asking councils in NSW to add their voice in calling on the NSW Government to withdraw the Bill from the NSW Parliament.

Attachments

Nil

Council 22 September 2021

Item 12.2

12.2. Local Government NSW Annual Conference 2021

Due to the impacts of COVID 19 and deferral of the Local Government Elections, Local Government NSW (LGNSW) have implemented modified arrangements for the 2021 LGNSW Annual conference.

Chief Executive Officer

Officer’s Recommendation

It is recommended that Council endorse the Mayor and nominate two other Councillors as voting delegates for the 2021 LGNSW annual conference and board elections.

Executive Summary

Due to the impacts of COVID 19 and deferral of the Local Government Elections, Local Government NSW (LGNSW) have implemented modified arrangements for the 2021 LGNSW Annual conference. This report intends to provide information on the current conference arrangements and to recommend Council nominate voting delegates for the conference.

Background

LGNSW have implemented modified arrangements for the 2021 LGNSW annual conference. Below is an extract from the LGNSW conference website that outlines current conference arrangements.

“ The postponement of local government elections in NSW has had a significant flow-on effect for LGNSW’s Annual Conference, previously scheduled to take place at the Hyatt Regency Sydney from 28-30 November.

As a result, we’ve had to take the difficult decision to split our premier annual event into two components:

· A one-hour Annual Conference to present our annual report and financial reports, which will be conducted online from 9.30am on Monday 29 November 2021; and

· A special conference – including the debate and resolution of motions setting our advocacy agenda for 2022 - to be held in-person at the Hyatt Regency Sydney from Monday 28 February to Wednesday 2 March 2022.

The previous timetable (28-30 November) would have placed the three-day event squarely in the last week of the election campaign period – a schedule not only inconvenient for all councillors, but also one with potentially far-reaching implications.

LGNSW is working hard to navigate the complex interplay between the rules and regulations for registered organisations, while helping our members uphold the strict requirements of electoral law.

The Letter of Invitation includes all the details you need to participate fully in the conference.

In the interim, we have also developed the following FAQs for members, which will grow in detail as more information becomes available.

Please check back regularly for more information or if you have further questions.”

Bega Valley Shire Council has three voting rights at the annual conference.

Further information on the conference can be found at Home | Local Government NSW | Annual Conference (lgnswconference.org.au)

Options

There are limited options associated with this report.

Community and Stakeholder Engagement

There has not been and is not intended to be any community engagement on this item.

Engagement undertaken

There has not been and is not intended to be any community engagement on this item.

Engagement planned

There has not been and is not intended to be any community engagement on this item.

Financial and Resource Considerations

There are no financial impacts as a result of this report.

Legal /Policy

There are no legal policy implications associated with this report.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

There are no Strategic Alignment implications associated with this report.

Environment and Climate Change

There are no Environment and Climate Change implications associated with this report.

Economic

There are no Economic implications associated with this report.

Risk

There are no Risks associated with this report.

Social / Cultural

There are no Social/Cultural implications associated with this report.

Attachments

Nil

Ordinary

To:

Copy:

Supplementary Agenda

6 Mayoral Minutes

12 Staff Reports – Governance and Strategy (Leading Organisation)

6.1. Infrastructure Contributions Reforms

Recommendation

Background

Attachments

Council

22 September 2021

Staff Reports – Governance And Strategy

22 September 2021