Agenda of Council - 16 March 2022

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 Bega Valley Shire Council (and Model) Code of Conduct, Part 4 – conflict 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.

Contact	Phone	Email	Website
Bega Valley Shire Council	(02) 6499 2222	council@begavalley.nsw.gov.au	www.begavalley.nsw.gov.au
ICAC	8281 5999 Toll Free 1800 463 909	icac@icac.nsw.gov.au	www.icac.nsw.gov.au
Office of Local Government	(02) 4428 4100	olg@olg.nsw.gov.au	http://www.olg.nsw.gov.au/
NSW Ombudsman	(02) 8286 1000 Toll Free 1800 451 524	nswombo@ombo.nsw.gov.au	www.ombo.nsw.gov.au

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 Chief Executive Officer 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 5.11 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 5.11 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.
Signed

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

Council 16 March 2022

Item 8.1

8.1. Agritourism amendments to Bega Valley Local Environmental Plan 2013

Council has been advised of two new clauses for possible inclusion in Bega Valley Local Environmental Plan 2013 and has been invited to provide formal confirmation that it wishes to incorporate the new optional clauses for farm stay accommodation and farm gate premises.

Director Community Environment and Planning

Officer’s Recommendation

That Council formally advises the NSW Department of Planning and Environment that it wishes to incorporate the optional clauses for farm stay accommodation and farm gate premises and include the land uses of farm stay accommodation, agritourism, farm gate premises and farm experience premises into Bega Valley Local Environmental Plan 2013 as detailed in this report.

Executive Summary

The Department of Planning and Environment (DPE) has developed new land uses of agritourism, farm gate premises and farm experience premises as well as new optional clauses for farm stay accommodation and farm gate premises for inclusion in Local Environmental Plans. DPE has also amended the current definition of farm stay accommodation.

The new clauses, land uses and definitions will come into effect in late 2022. This report recommends that Bega Valley Shire Council provides formal confirmation to DPE that it wishes to incorporate the optional clauses for farm stay accommodation and farm gate premises into Bega Valley Local Environmental Plan 2013 (BVLEP 2013) and outline the zones the uses of agritourism, farm gate premises and farm experience premises are recommended to be permitted in the BVLEP 2013.

Background

In March 2021 DPE released an explanation of intended effect (EIE) for proposed amendments to the NSW planning system to support agritourism and small-scale agricultural development.

At the meeting of 21 April 2021, Council considered a report regarding the content of the EIE including discussion of the new optional clauses for farm stay accommodation and farm gate premises and resolved to:

1. Provide a formal submission (Attachment 1) to the NSW Department of Planning, Industry and Environment on the Explanation of Intended Effect: Agritourism and small-scale agriculture development.

2. Formally express an interest in adopting the proposed new model clauses, subject to resolution to the satisfaction of staff of the qualifications identified in Attachment 1.

The submission was generally supportive of the NSW Government’s initiatives to enable farmers to meet new market trends and value add to the agriculture industry. These initiatives align with Council’s goals to ensure planning controls enable a diversified and productive agricultural sector, new agricultural industries, and agricultural education facilities, as well as encouraging fast track development approval pathways for appropriate development.

In December 2021 DPE released a draft of the Standard Instrument (Local Environmental Plans) Amendment (Agritourism) Order 2021 (Draft SILEP Agritourism Order).

The draft SILEP Agritourism Order is the mechanism that introduces new land use terms and clauses into the Standard Instrument – Principal Local Environmental Plan (SILEP). The proposed changes in the draft SILEP Agritourism Order include:

· new land use terms for agritourism, farm gate premises and farm experience premises

· changes to the current definition of farm stay accommodation

· optional clauses to be inserted into the SI LEP for farm stay accommodation and farm gate premises

Councils are invited to nominate to adopt the optional clauses and identify zones to permit the new land uses in their LEPs by 31 March 2022. Details of the optional clauses and the new and amended definitions are contained in Attachment 1.

The EIE also proposed alternative pathways for the approval of agritourism development or activities with low environmental impacts through proposed changes to State Environmental Planning Policy (Exempt and Complying Development Codes) (Codes SEPP) to amend the existing exempt and complying development standards for certain uses. DPE has not yet finalised these proposed amendments and therefore, there is no information on the potential impact of these changes on development in the Bega Valley Shire currently available.

Farm Stay Accommodation

The new definition of farm stay accommodation is a building or place that is used to provide temporary accommodation to paying guests of the farm including in buildings or moveable dwellings (see Attachment 1 for full definition). BVLEP 2013 currently permits farm stay accommodation with consent in the following zones: RU1 Primary Production, RU2 Rural Landscape, RU4 Primary Production Small Lots, RU5 Village, R5 Large Lot Residential and C3 Environmental Management.

Council’s submission to the EIE included the following:

· “Council strongly support the requirement that the definition of farm stay accommodation includes the principle that the existing use of the land must be the production of agricultural/primary production goods for commercial purposes.”

· “Council do not support including camping in the definition of farm stay accommodation and believe camping should remain a separately defined use as it can have a greater planning issues.”

· “Council would like to formally express an interest in adopting the new model clause subject to a review of the wording of the finalised clause and any amendments to the definition of farm stay accommodation, noting Council’s objection to the inclusion of camping within the definition of farm stay accommodation.”

The new definition of farm stay accommodation includes a requirement that the development is on a farm that is a primary production business and does not include camping (see Attachment 1 for details). As such the provisions of Council’s endorsement of inclusion of the clause into BVLEP 2013 are satisfied.

The clause requires Council to select certain development standards to apply to farm stay accommodation development. As a use that does not need to be ancillary to a farm, conservative standards have been selected to minimise the potential impacts of land use conflict from the use with neighbouring viable agricultural enterprises and ensure the use remains ancillary to the principal use of the land.

This will ensure that the scale of the development is in line with Council’s strategic directions that development genuinely supports the agriculture/primary production industry and does not impact on surrounding farmers’ right to farm. It will also help to minimise potential risks from increased development in these areas such as the potential risk to the environment from an increase in human waste, the potential risk to life from food preparation and service, bushfire, flood, traffic generation and the potential impact on neighbouring residential amenity.

The selected standards are intended to allow for a small second dwelling to be constructed for the purpose which will accommodate a family or party of up to six people. This dwelling may be in addition to a dual occupancy and/or secondary dwelling on the same lot.

Recommendations: It is recommended that Council nominate to adopt clause ‘5.23 Farm stay accommodation’ with the following standards:

- The maximum gross floor area for a building used to accommodate guests be set at 80 square metres (minimum of 60 square metres permissible)

- The maximum number of guests to be accommodated in moveable dwellings on a landholding at any one time be set at 6 as the maximum number permissible and allow for the impacts of the scale of the proposal to be assessed on its merits (maximum of 20 guests permissible)

- The maximum number of moveable dwellings to accommodate guests be set at one (DPE’s current proposal provides for a maximum of six moveable dwellings per landholding)

It is recommended that farm stay accommodation continue to be permitted in the land use zones in which it is currently permissible.

Farm gate premises

Farm gate premises is a new land use term with an accompanying optional clause that can be included in BVLEP 2013. A farm gate premises is a cellar door premises or a building that provides products predominantly from the farm or other farms in the region or with services or activities related to the products and can include a restaurant or cafe, a facility for holding tastings or workshops information or education facility (see Attachment 1 for full definition).

Council’s submission to the EIE included the following:

· “Council strongly support the requirement that the definition of farm gate premises includes the principle that the existing use of the land must be the production of agricultural/primary production goods for commercial purposes”

· “Council do not support including restaurants in the definition of farm gate premises [because] incorporating restaurants or cafés into a definition that has exempt and complying pathways.”

· “Council does not support a cap on the maximum number of people when the use is proposed through a development application pathway as this may limit proposed farm gate premises and the impacts of the scale of the proposal can be assessed on its merits.”

· “Council would like to formally express an interest in adopting the new model clause subject to a review of the wording of the finalised clause and any amendments to the definition of farm gate premises, noting Council’s objection to the inclusion of restaurants or cafes’ within the definition of farm gate activity.”

· “Council proposes to permit farm gate premises with consent in the following rural zones: RU1 Primary Production, RU2 Rural Landscape RU4 Primary Production Small Lots and C3 Environmental Management.”

The definition of farm gate premises includes a requirement that the development is on a farm that is a primary production business and is ancillary to a farm; however, the definition does include a restaurant or café and the LEP clause requires Council to cap the maximum number of people (see Attachment 1 for details).

As such the provisions of Council’s endorsement of inclusion of the clause into BVLEP 2013 are only partially satisfied. On balance it is considered that the introduction of the land use into BVLEP 2013 will enable opportunities for farm businesses in the Bega Valley Shire to diversify and that Council’s concerns regarding the appropriateness of permitting restaurants and cafes through the exempt and complying pathways are considered by DPE when details of the amendments to the Codes SEPP are finalised.

Under the proposed changes farm gate premises and farm experience premises are subsets of agritourism, which will sit under the parent term of agriculture. This means that both farm gate premises and farm experience premises are permissible wherever agritourism is permitted which, in turn, is permitted wherever agriculture is permitted.

The clause requires Council to select certain development standards to apply to farm gate premises. As a use that must be ancillary to a farm, the maximum permissible standards have been selected to allow for the impacts of the scale of the proposal to be assessed on its merits

Recommendation: It is recommended that Council nominate to adopt clause ‘5.24 Farm gate premises’ with the following standards:

- The maximum gross floor area for a farm gate premises building be set at 200 square metres (maximum of 200 square metres permissible)

- The maximum number of visitors to farm gate premises on a landholding at any one time be set at 50 guests (maximum of 50 guests permissible)

It is recommended that the uses of agritourism, farm gate premises, farm experience premises and cellar door premises be permitted with consent in the following zones: RU1 Primary Production, RU2 Rural Landscape, RU4 Primary Production Small Lots, R5 Large Lot Residential, C4 Environmental Living and C3 Environmental Management to be consistent with the zones where cellar door premises are currently permitted under BVLEP 2013 as well as the C2 Environmental Conservation zone to enable activities in association with established oyster aquaculture operations.

Options

Council could opt not to include the new optional clauses in BVLEP 2013 and restrict the application of the agritourism, farm gate premises and farm experience premises land uses to the RU1 zone as the minimum application prescribed under the draft SILEP Agritourism Order or Council could choose to adopt the clauses and extend the land uses later. Should Council not opt into the new clauses and nominate additional zones for the new land uses at this stage, a future planning proposal would be required to include any changes to BVLEP 2013 at a future date.

Alternatively, Council could choose to opt in through the current process and include the optional clauses in BVLEP 2013 as well as the widespread application of agritourism, farm gate premises and farm experience premises throughout the non-urban areas of the Shire. This is the recommended option and would enable future consideration of the uses on a merit basis. It is noted that the various development standards nominated by Council in the optional clauses can be varied by Council under Clause 4.6 ‘Exceptions to development standards’ of BVLEP 2013 where sufficient justification is provided.

Community and Stakeholder Engagement

Engagement undertaken

Council provided a formal submission to the DPE on the Explanation of Intended Effect: Agritourism and small-scale agriculture development in April 2021.

Engagement planned

Notification to the wider community as well as the development professionals group will occur when the amendments to BVLEP 2013 comes into effect.

Financial and Resource Considerations

There is no cost to Council, other than staff time to report the matter to Council and engaging with local stakeholders.

Legal /Policy

The amendments to the Standard Instrument (Local Environmental Plans) Order 2006 will result in several changes to BVLEP 2013 and later, the application of current exempt and complying provisions under the Codes SEPP within the Shire.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

The clauses for farm stay accommodation and farm gate premises are aligned with the Bega Valley Community Strategic Plan 2040, the Bega Valley Shire Local Strategic Planning Statement 2040 and the Sapphire Coast Vision and Platform for Growth. It is also strategically aligned with the South East and Tablelands Regional Plan 2036 and the Far South Coast Regional Economic Development Strategy 2018-2022.

Environment and Climate Change

The clauses for farm stay accommodation and farm gate premises could support the Shire’s agriculture industry to become more resilient and adapt to impacts, including environment and climate change impacts by facilitating diversification.

Economic

The clauses for farm stay accommodation and farm gate premises have the potential to have a positive economic impact in the Shire through supporting business diversification on farms and value adding to both the agriculture and tourism industries.

Risk

Agritourism activities have the potential for land use conflict with the agricultural industry. However, the inclusion of the optional clauses in BVLEP 2013 will assist Council in ensuring that development genuinely supports the agriculture industry and does not impact on surrounding farmers’ right to farm as well as help minimise the potential risks to the environment from human waste and the potential risk to life from food preparation and service, bushfire, flood, traffic generation and potential impact on neighbouring residential amenity.

While exempt and fast track complying development approval pathways are strongly supported by Council, there may be risks to the environment and community through these approval pathways for agritourism activities if the potential impacts of urban/industrial and rural interface, rural landscapes, flooding, bushfire, heritage, biodiversity, contaminated land, legal and physical access, carparking, traffic and proximity to waterways are not adequately considered. Because DPE has not yet finalised these proposed amendments the potential risks of exempt and fast track complying development approval pathways for agritourism land uses in the Bega Valley Shire is not known.

Social / Cultural

The clauses for farm stay accommodation and farm gate premises have the potential to provide new opportunities to support and enhance the agriculture industry. This is likely to have positive social benefits to the local community involved directly or indirectly with the agriculture industry in the Bega Valley Shire.

Attachments

1 ⇩. Draft Standard Instrument (Local Environmental Plans) Amendment (Agritourism) Order 2021

Council 16 March 2022

Item 8.2

8.2. Implementation of the NSW Employment Zones Reform to Bega Valley Local Environmental Plan 2013

Amendments to Bega Valley Local Environmental Plan 2013 to implement the NSW Government Employment Zones Reform are presented for endorsement by Council for public exhibition by Department of Planning and Environment.

Director Community Environment and Planning

Officer’s Recommendation

That Council:

1. Endorse the proposed translation of the employment zones in the Bega Valley Local Environmental Plan 2013 (BVLEP 2013) as recommended by the NSW Department of Planning and Environment (DPE) with the following exceptions as described in Attachment 2 to this report:

a) the E4 General Industrial zone is applied to Lot 5 DP 1021345, Corner Wanatta Lane and Princes Hwy, Wolumla.

b) the E5 Heavy Industrial zone is applied to the Edrom Road industrial precinct, Edrom.

c) include an additional clause to Schedule 1 Additional Permitted Use to enable ‘specialised retail premises’ to be permitted with development consent within the North and South Bega industrial precincts.

d) the E2 Commercial Centre zone is applied to the Bega and Merimbula/Tura Beach Central Business Districts.

e) the E3 Productivity Support zone is applied to the Boundary Road, South Bega industrial precinct.

f) the E3 Productivity Support zone is applied to the Barclay and Wirriga Streets industrial precinct, Eden.

g) include an additional clause to Schedule 1 Additional Permitted Use to enable ‘general industries’, ‘freight transport facilities’ and ‘residential accommodation’ to be permitted with development consent within the Eden Local Aboriginal Land Council land off Wirriga and Mailing Streets.

h) the MU1 Mixed Use zone is applied to the Merrimans Local Aboriginal Land Council land at Young Street, Bermagui.

i) prohibit the use ‘health services facilities’ in the E4 General Industrial zone and the uses of ‘health services facilities’, ‘artisan food and drink industry’ and ‘local distribution centre’ in the E5 Heavy Industrial zone.

j) the boundaries of the E4 General Industrial and R5 Large Lor Residential zone are realigned at She Oak Close, South Bega Industrial Precinct.

k) include an additional clause to Schedule 1 Additional Permitted Use to enable ‘tourist and visitor accommodation’ above the ground floor to be permitted with development consent on part Lot 15 DP 790681 and part Lot 2 DP 1268599 at the Port of Eden.

2. Endorse the additional objectives to be included in the proposed E1 Local Centre, MU1 Mixed Use, E4 General Industrial and E5 Heavy Industrial.

3. Advise DPE of Council’s resolution to inform DPE’s public exhibition process.

Executive Summary

The NSW Government has amended the Standard Instrument (Local Environmental Plans) Order 2006 (SILEP Order) to repeal the current business and industrial zones from BVLEP 2013 as part of an Employment Zones Reform program. The effect of the reform will be the replacement of all current business and industrial zones in BVLEP 2013 with new employment zones, objectives and permitted and prohibited uses.

In most instances the new equivalent zone is like for like with no loss of land uses that are permitted with development consent, the objectives of the zones are similar and mapped zone areas are simply transferred over to the employment zones. The proposed translation of the current business and industrial zones to the new employment zones contained in the SILEP Order is detailed in this report along with several recommended variations to the like for like translation for endorsement by Council to proceed to public exhibition.

Background

The Employment Zones Reform is a key element of the NSW Government’s broader reform of the NSW planning system. It builds on the ongoing work by DPE to support strategic planning, economic growth and productivity. The Employment Zones Reform aims to rationalise the number of zones that promote employment generating activities and to increase flexibility within the new zones to expand the land uses that are permitted.

DPE exhibited the employment zones framework from 20 May to 30 June 2021 and Bega Valley Shire Council made a submission. The new employment zones came into effect through the SILEP Order on 1 December 2021 which will repeal the current business and industrial zones. The NSW Government intend to amend all NSW Standard Instrument LEPs to include the new employment zones by December 2022.

The implementation of the Employment Zones Reform provides a number of benefits to the Bega Valley Shire: almost all affected land will gain additional permitted uses, new uses of ‘creative industries’, ‘data centre’, ‘goods repair and ‘reuse premises’ will be included in BVLEP 2013 and several of Council’s resolved strategic directions for commercial and industrial land can be actioned.

DPE has provided Council with a proposed translation that is based on their interpretation of equivalent zones to the current BVLEP 2013. Council has been invited to review the proposed translation and request exceptions when it aligns with adopted strategic plans. Council must endorse a proposed translation of the employment zones to DPE by 31 March 2022 prior to public exhibition, which is scheduled by DPE in April and May 2022.

DPE like for like translation of the new Employment Zones to BVLEP 2013

DPE’s proposed like for like translation of the new employment zones to BVLEP 2013 is detailed in Table 1.

The like for like translation of the new employment zones objectives and permitted and prohibited land uses to the current BVLEP 2013 generally conform to the strategic directions of Council except for permitting ‘vehicle sales and hire premises’ in commercial business districts and replacing existing IN2 Light Industrial zones with E3 Productivity support. The E3 Productivity support zone includes business uses that Council’s strategic direction identifies should be within town centres or the E4 General Industrial zones. The E3 zone includes the added land use of ‘general industries’ which may cause additional land use conflict. Any potential land use conflicts from new development that may result from additional uses in zones would need to be managed through the development assessment process.

Table 1: DPE’s proposed like for like translation of the new employment zones to BVLEP 2013

Current BVLEP 2013 zone	Proposed new zone
B1 Neighbourhood Centre B2 Local Centre	E1 Local Centre
B4 Mixed Use	MU1 Mixed Use
B5 Business Development	E3 Productivity Support
IN1 General Industrial IN2 Light Industrial	E4 General Industrial
IN4 Working waterfront	W4 Working Waterfront

Enabling like for like land use tables and objectives under the new employment zone framework

The SILEP Order mandates permitted and prohibited uses for each zone as well as the objectives of the zones. Council is permitted to add uses and objectives to strategic objectives for development within each zone.

Council officers have been able to construct the land use tables for the new proposed zones based on the existing land use tables from BVLEP 2013 for the equivalent zone. This has ensured that there is no loss of current permitted land uses for land within each proposed zone in the DPE translation and that there are additional permitted land uses in all proposed zones compared with the current BVLEP 2013. In this way, the new employment zone framework in most instances represents a like for like switch to a new zone but with some additional uses permitted.

Table 2 contains recommended additions to the mandatory objectives contained in the SILEP Order. These additional objectives are based on objectives for zones in equivalent zones in the current BVLEP 2013. No additional objectives are proposed for the zones that are not included in Table 2.

Table 2: Recommended additional objectives for new zones to be adopted into BVLEP 2013.

New Employment Zone	Proposed additional objectives
E1 Local Centre	To strengthen the viability of existing business centres as places for recreation and cultural activity
MU1 Mixed Use	To enable residential development that contributes to a vibrant and active centre and is consistent with the Council’s strategic planning for residential development in the area.
E4 General Industrial	To ensure that development has regard to the environmental constraints of the land and minimises adverse impacts on biodiversity, water resources and natural landforms
E5 Heavy Industrial	To ensure that development has regard to the environmental constraints of the land and minimises adverse impacts on biodiversity, water resources and natural landforms

Attachment 1 includes a list of land uses that are proposed to be permitted with development consent that are in addition to those permitted under the current equivalent BVLEP 2013 zones. Attachment 1 also includes the impact on permitted land uses that would result should the recommendations in Table 3 be implemented.

Recommended exceptions to DPE’s like for like translation of Employment Zones

The implementation of the Employment Zone Framework provided Council with the opportunity to implement several previously resolved strategic directions from the Local Strategic Planning Statement 2040, Commercial Land Strategy 2040, Employment Lands Review 2016, and Memorandum of Understanding 2019 (MOU) with Local Aboriginal Land Councils. Council can use these strategic directions to review the employment zone framework and decide if any amendments to DPE’s suggested translation are warranted.

Table 3 outlines several recommended exceptions to DPE’s like for like proposed translation of the employment zones to BVLEP 2013 to achieve Council’s adopted strategic directions. A detailed explanation of each of the items in Table 3 is provided in Attachment 2.

Table 3: Recommended exceptions to DPE’s proposed translation of the new employment zones to BVLEP 2013

Land	Current BVLEP 2013 zone	Exceptions to like for like translation
1. Corner Wanatta Lane and Princes Hwy, Wolumla	RU1 Primary Production	E4 General Industrial zone
2. Edrom Road industrial precinct	IN1 General Industrial	E5 Heavy Industrial zone
3. North and South Bega industrial precincts	IN1 General Industrial IN2 Light Industrial	Permit additional land use: ‘specialised retail premises’
4. Bega and Merimbula/Tura Beach Central Business Districts	B1 Neighbourhood Centre B2 Local Centre	E2 Commercial Centre zone
5. Boundary Road, South Bega industrial precinct	IN1 General Industrial IN2 Light Industrial	E3 Productivity Support zone
6. Barclay and Wirriga Streets, Eden industrial precinct	IN1 General Industrial R3 Medium Density Residential	E3 Productivity Support zone
7. Eden Local Aboriginal Land Council land off Wirriga and Mailing Streets	IN1 General Industrial	Permit additional land uses: ‘general industries’, ‘freight transport facilities’ and ‘residential accommodation’
8. Merrimans Local Aboriginal Land Council land at Young Street, Bermagui	B2 Local Centre	Apply MU1 Mixed Use zone
9. Review of non-compatible land uses in industrial zones	IN1 General Industrial IN2 Light Industrial	E4 General Industrial zone remove use: Health services facilities E5 Heavy Industrial Zone remove uses: Health services facilities, Artisan food and drink industry, Local distribution centre
10. She Oak Close, South Bega Industrial Precinct	IN1 General Industrial R5 Large Lot Residential	Align zone boundaries with property boundaries
11. Part of the Port of Eden Working Waterfront Industrial Precinct	IN4 Working Waterfront	Permit additional land use: ‘tourist and visitor accommodation’ above ground floor only

Options

Council must endorse a proposed translation of the employment zones to BVLEP 2013 by 31 March 2022. Council could opt to endorse DPE’s proposed translation or Council can choose to endorse the proposed translation with all or some of the recommended exceptions as detailed in this report.

Should Council choose not to endorse all or some of the recommended exceptions to the DPE translation as detailed in this report full planning proposals will be required to effect the amendments to BVLEP 2013 at a later date.

Community and Stakeholder Engagement

Engagement undertaken

DPE exhibited the initial Employment Zones Reform framework from 20 May to 30 June 2021, which provided an overview of the new employment zones. Council made a submission on the Employment Zones Reform package.

Engagement planned

DPE will coordinate a centralised public exhibition of all associated LEP amendments across NSW in April and May 2022 for six weeks. This will include detailed information including interactive mapping about the proposed amendments. During the exhibition period landowners and the broader community will be able to make submissions via DPE’s website.

In addition to the DPE hosted exhibition, it is also planned to provide additional public exhibition material including:

· Written notification letter to affected landowners and landowners adjoining Lots 4 and 5 DP 1021345, Corner Wanatta Lane and Princes Highway, Wolumla

· Notification on Council’s website.

· Notification through Council’s communication channels including Council News, social media, and media release.

· Advertising in community newsletters.

· Posters with QR codes to further information in Libraries and Post Offices.

· Additional communications on the recent name change to conjunction with the Employment Zones Reform of Environmental zones to the new name of Conservation zones.

Following the public exhibition period, DPE will make all public submissions available and staff will submit a further a report to Council for consideration and finalisation of the amendments to BVLEP 2013.

Financial and Resource Considerations

The implementation of the Employment Zones Reform has been undertaken as part of Council’s regular work program and within the adopted 2021-22 budget. Notification of affected landowners and advertising of the Employment Zones Reform will incur a cost to Council, which is included in the 2021-22 budget.

Funding source		Total Expenditure
General Fund	$	1,000

Legal /Policy

The SILEP Order has been amended to give effect to the Employment Zones Reform that, on completion, will replace the existing business and industrial zones with new employment zones. All Standard Instrument Local Environmental Plans in NSW must be aligned with the SILEP Order.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

Implementation of the Employment Zones Reform aligns with the Bega Valley Shire Community Strategic Plan 2040, the Bega Valley Shire Local Strategic Planning Statement 2040, the Bega Valley Shire Commercial Land Strategy 2040, the Bega Valley Shire Employment Lands Review 2016, and the Bega Valley Shire Memorandum of Understanding with Local Aboriginal Land Councils.

Environment and Climate Change

Implementation of the Employment Zones Reform will support the Shire’s business and industry to become more resilient and adapt to impacts, including environment and climate change impacts by facilitating diversification.

Economic

Implementation of the Employment Zones Reform may have a positive economic impact for business and industries in the Shire through providing more flexibility in the planning system and facilitating the implementation of previously resolved strategic directions from Council’s strategic documents.

The reform will assist in achieving Circular Economy projects by permitting the land use ‘resource recovery facilities’ in the E3 Productivity Support, E4 General Industrial and E5 Heavy Industrial zones.

Risk

Almost all affected land in the Bega Valley Shire will gain additional permitted uses from the employment zones reform, this could potentially cause land use conflict, particularly in areas that are currently zoned IN2 Light Industrial. This risk has been partially mitigated through proposing to use the E3 Productivity Support zone for the Boundary Road industrial precinct at South Bega that adjoins a large greenfield urban release area.

Exhibited and adopted strategic documents have been utilised to implement the new employment framework to BVLEP 2013 that aligns with the vision for commercial and industrial development in the Bega Valley Shire and to align individual precincts to their strategic intent reducing the risks and potential implications from DPE’s initial translation of employment zones to BVLEP 2013.

Social / Cultural

Implementation of the Employment Zones Reform has the potential to have positive social benefits by providing new opportunities for business and industry land uses in the new employment zones to support and enhance employment in the Bega Valley Shire.

Attachments

1 ⇩. Additional land uses that are proposed to be permitted with consent

2 ⇩. Recommended exceptions to DPE’s translation of the Employment Zones Reform to BVLEP 2013

Council 16 March 2022

Item 8.3

8.3. Memorandum of Understanding with Bega Littleton Citizens Exchange

This report seeks Council approval to enter into a Memorandum of Understanding with Bega Littleton Citizens Exchange Group to support the exchange program with Littleton, Coloardo, United State of America.

Director Community Environment and Planning

Officer’s Recommendation

That Council delegate to the Chief Executive Officer authority to enter into a Memorandum of Understanding with Bega Littleton Citizens Exchange Group (Attachment 1) to support the exchange program.

Executive Summary

The proposed Memorandum of Understanding (MoU) provides a framework for the ongoing cooperation between Bega Valley Shire Council and Bega Littleton Citizens Exchange (BLCE) Group

The MOU enables Council to support maintenance of fixed assets at Littleton Gardens, Kisses Lagoon and Columbine Gardens as well as a range of activities during the visit of Littleton delegates and an annual flag raising ceremony.

This MOU is presented to Council for endorsement.

Background

The BLCE Group was formed in 1961 to establish the first sister city relationship between Australia and the United States and was formed from the friendship of two newspaper editors in the small rural towns of Bega, NSW and Littleton, Colorado.

In the 1950s era the US government, keen to promote the value of a free press, made a documentary about Littleton's newspaper and its editor, Houston Waring. This documentary was viewed by Bega’s newspaper editor, Curly Annabel, who noticed the two towns and their newspapers had a lot in common. At that time, both Bega and Littleton were small rural towns servicing surrounding farms.

Mr Annabel visited Littleton and this led to the successful establishment of a formal relationship under the Eisenhower government's then-newly introduced People to People program. The first Bega-Littleton Exchange delegates left Bega for Littleton in 1961 and the Sister City Relationship has been active ever since.

Council has supported the BLCE Group with civic ceremonies during the periods when Littleton delegates have visited Bega. Historically, there has not been an MOU in place to formalise the agreement.

Options

Options available to Council are to:

· Delegate to the Chief Executive Officer authority to enter into the MoU provided in Attachment 1. This is the recommended option.

· Delegate to the Chief Executive Officer authority to enter into a MoU that varies from that described in Attachment 1. Council would need to provide proposed alternative wording and further discussions with BLCE Group would be required.

· Not enter into a formal MoU arrangement with BLCE Group.

Community and Stakeholder Engagement

Engagement undertaken

The development of the proposed MoU has been undertaken in close consultation with the BLCE Group and Council staff.

Engagement planned

Should Council resolve to support the MOU, BVSC staff will engage with BLCE Group to formally sign the MOU. It is proposed that the signing ceremony be undertaken on a future Councillor workshop day.

Financial and Resource Considerations

In the years ending with 1 and 6, Littleton delegates travel to Bega and visit for 10 days. During this time, a civic reception and dinner held in Bega will see Council cover the cost of Council representatives to attend. The group have the opportunity to apply for grant funding to assist the running of the event. During the event Council will arrange gifts or certificates for the visiting delegates that will be presented at the civic reception.

Council will, upon request, raise the American Flag on one of the flagpoles located adjacent to the Bega Administration Building on or about 4 July - if that day falls on a weekday and is not within NAIDOC week.

Maintenance of existing fixed assets is included in Council’s annual budget.

Legal /Policy

There are no direct legal or policy implications associated with this proposal.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

The proposal aligns with the following goal in the Bega Valley Community Strategic Plan 2040:

Goal 1: We are co-operative, caring and enjoy a culturally rich community life.

Environment and Climate Change

There are no material environment and climate change implications associated with the proposal.

Economic

There are no material economic implications associated with the proposal.

Risk

Entering into an MOU with a not-for-profit group such as the BLCE Group is an activity that Council periodically undertakes and does not introduce additional organisational risk.

Social / Cultural

The MOU is a positive way to foster and recognise the contribution of the volunteers who have worked to maintain the sister-city relationship.

Attachments

1 ⇩. Draft Memorandum of Understanding - Bega Valley Shire Council and Bega Littleton Citizens Exchange Group

Council 16 March 2022

Item 8.4

8.4. Request to support Aboriginal housing, community development and tourism projects

Bega and Eden Local Aboriginal Land Councils have requested support from Council to assist them to deliver grant-funded housing, community development and tourism projects.

Director Community Environment and Planning

Officer’s Recommendation

That Council:

1. Note the work being undertaken by Bega and Eden Local Aboriginal Land Councils to deliver tourism, community development and affordable housing projects across Bega Valley Shire, with funding from the NSW government.

2. Note that Council’s Memorandum of Understanding with Local Aboriginal Land Councils calls for Council to support social and economic outcomes for local Indigenous people.

3. Publicly exhibit as required its intent to waive development assessment and principal certifying authority fees, including section 7.11, section 7.12 and section 64 developer contributions, for the following projects following the required exhibition period:

a) 23 Kirkland Crescent Bega (one residential dwelling and a secondary dwelling– Bega LALC)

b) 13 Murrays Flat Road, Tarraganda (one residential dwelling – Bega LALC)

c) Applegum Close (multipurpose community workshop - Bega LALC)

d) Curalo/Maling St Eden (seven or eight residential dwellings – Eden LALC)

e) Jigamy Campground Upgrade (Eden LALC and Twofold Aboriginal Corporation)

f) Bundian Way Node 1 (Eden LALC)

4. Add projects identified in part 3 of the recommendation to Council’s priority development assessment category, along with bushfire rebuilds and employment generating development.

5. Note that parts 1-4 of the recommendation do not imply Council support for the specific developments, which will be subject to Council’s standard impartial development assessment process.

Executive Summary

Bega and Eden Local Aboriginal Land Councils (LALCs) have received grant funding to deliver housing, community development and tourism projects. These projects have tight delivery timeframes and budgets and are exposed to the cost escalations occurring across the shire.

At the Bega, Eden, Merrimans Aboriginal Liaison Committee (BEM Committee) meeting of 1 March 2022, LALCs requested that Council provide support to deliver these projects in the form of prioritising development assessment of the projects and waiving associated development assessment fees.

This report seeks Council’s support for the LALCs’ request.

Background

The BEM Committee is established as an advisory committee of Council to support implementation of the Memorandum of Understanding (MOU) between Council and the Bega, Eden and Merrimans LALCs.

The MOU specifically includes the following undertakings:

“6. i. Developing greater community understanding of Aboriginal culture in the Shire and increasing opportunities for cultural tourism.

….

6. iii. Acknowledging and respecting the need of the Lands Councils to have the ability to develop their lands to help overcome social and economic problems and to achieve social and economic growth, and to work together to identify development opportunities for their lands to achieve this growth.”

Eden and Bega LALCs have won funding from the Aboriginal Community Housing Investment Fund to deliver housing for Aboriginal community in Eden, Bombala, Bega and Tarraganda. This project will deliver 9-10 dwellings in Bega Valley Shire by 30 June 2023.

Eden LALC has won funding through NSW Government Regional Growth, Environment and Tourism Fund to construct the first section of the Bundian Way from Jigamy to Fisheries Beach and Twofold Aboriginal Corporation has won funding to upgrade the campground at Jigamy. Bega LALC has also won a Bushfire Local Economic Recovery Fund grant for a community workshop in Bega. These projects also have delivery deadlines of 30 June 2023.

At its meeting of 1 March 2022, the Bega, Eden and Merrimans Aboriginal Liaison Committee discussed constraints around the delivery of a number of grant funded projects. These constraints include the relatively short timeframes to deliver the projects and the cost escalations that have occurred over the period since the grant application was developed and the delivery timeframe.

Options

Options available to Council are to:

1. Support the LALCs request.

2. Not support the request.

3. Provide alternative support. Councillors would need to identify alternative supports.

Community and Stakeholder Engagement

Engagement undertaken

The request that is the subject of this report was made by LALCs via the BEM Committee. Council provided letters of support to accompany funding applications for projects submitted by Eden and Bega LALCs. Merrimans LALC did not request a letter of support for its project.

Engagement planned

Council will continue to engage with LALCs through the BEM, and with the proponent for each project through the development assessment process.

Financial and Resource Considerations

The proposal will reduce the income Council receives from the proposed developments. The combined capital value of the projects subject to development assessment is estimated to be $10.4 million, which equates to lost revenue to Council of around $200,000.

Legal /Policy

The below extract fo the Local Government Act refers to waiver of fees. Section 610E Council may waive or reduce fees

(1) A council may waive payment of, or reduce, a fee (whether expressed as an actual or a maximum amount) in a particular case if the council is satisfied that the case falls within a category of hardship or any other category in respect of which the council has determined payment should be so waived or reduced.

(2) However, a council must not determine a category of cases under this section until it has given public notice of the proposed category in the same way as it is required to give public notice of the amount of a proposed fee under section 610F(2) or (3).

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

The proposal is consistent with Council’s objectives to deliver affordable housing and tourism infrastructure across the shire. In particular it supports the following actions in the South East Tablelands Regional Plan 2036:

· Action 10.1 Work with the LALCs to conduct a strategic assessment of their landholdings to identify priority sites with economic development potential

· Action 10.2 Identify priority sites than can create a pipeline of potential projects

· Action 10.3 Deliver opportunities to increase the economic independence of Aboriginal communities through training, employment and tourism

· Action 27.1 Deliver greater housing affordability by incorporating policies and tools into local housing strategies and local planning controls that will enable a greater variety of housing types and incentivize private investment in affordable housing

and the Bega Valley Shire Local Strategic Planning Statement 2040:

· Action 4.1 Assist with identification of development, business and cultural tourism opportunities for Aboriginal owned land

· Action 4.2 Work with LALCs to develop strategies for development of their land to respond to housing needs and support economic opportunities

· Action 11.2 Promote the need for housing diversity to local developers and builders

· Action 11.3 Review planning controls for medium density areas including potential for incentives to encourage greater housing diversity and development uptake.

Environment and Climate Change

There are no material environment or climate change impacts associated with the proposal. The specific environmental impacts associated with each development will be considered as part of the development assessment process.

Economic

The proposal seeks to assist LALCs with reducing the cost of delivering specific grant-funded housing, community development and tourism projects. These projects will bring investment to the Shire, contribute to the expansion of tourism infrastructure and provide accommodation for potential employees.

Risk

Waiving of fees is a practice Council has undertaken from time to time, particularly to assist those subject to significant natural disasters. The proposal therefore does not introduce new financial risk for Council.

The proposal seeks to extend the type of fee waiver Council provides to projects delivered by LALCs. This does, however, present new reputational risks to Council. There may be an expectation of LALCs that Council will continue to support fee waivers for future development. There may also be concerns raised in the community that LALCs are receiving preferential treatment. These risks should be considered in the context of the benefits the projects bring to the community in terms of affordable housing, community development and tourism infrastructure, and the formal agreement Council has with LALCs to pursue the objectives these projects support.

Social / Cultural

The proposal seeks to support LALCs to deliver projects that will provide a material benefit to local Aboriginal people through the delivery of affordable housing and employment during project delivery.

Attachments

Nil

Council 16 March 2022

Item 8.5

8.5. Appointment of volunteer representatives to Council committees

This report outlines the nominations for certain Council committees in line with adopted guidelines and seeks Council’s approval to appoint community members to the Access and Inclusion Advisory Committee, Bega Valley Awards Committee and Bega Valley Coast and Flood Management Committee.

Director Community Environment and Planning

Officer’s Recommendation

That Council:

1. Appoint the following volunteers to the Access and Inclusion Advisory Committee for the term of the current Council:

a) Rosemary Oates

b) Jenny Robb

c) Elizabeth Mallett

d) Sally Honey

e) James Aulbury

f) Graham Carmody

2. Appoint the following volunteers to the Bega Valley Awards Committee for the term of the current Council:

a) Lori Hammerton

b) Sharyn Whiting

3. Appoint the following volunteers to the Bega Valley Coast and Flood Management Committee for the term of the current Council:

a) Caroline Henry

b) Barbara Jones

c) Jenifer Lowe

d) Kenneth Robinson

e) Paul Menke

4. Appoint the following volunteers to the Cemeteries Advisory Committee for the term of the current Council:

a) Barbara Grant

b) Nancy Grant

c) Fiona Firth

d) Anne Greenaway

e) Jackie Miles

f) Michael Pryke

g) Darryl Massey

5. Appoint the following volunteers to Montreal Goldfields Committee for the term of the current Council:

a) Alan Douch

b) Barry Virtue

c) Bill Southwood

d) Bob Hearn

e) Carolyne Banados

f) Chris Franks

g) Ern Espinoza

h) Geoffrey Guiffre

i) Lori Hammerton

j) Judi Hearn

k) Kerri Binstock

l) Marshall Binstock

m) Sheila Brice

6. Note that agency and industry representatives have been provided for the Bega Valley Coast and Flood Management Committee, and Local Aboriginal Land Council representatives have been provided for the Bega, Eden, Merrimans Aboriginal Liaison Committee.

Executive Summary

Council has established committees to support its decision making and has advertised for volunteers to participate in these committees. This report seeks to appoint volunteers to the Access and Inclusion Advisory Committee, Bega Valley Awards Committee and Bega Valley Coast and Flood Management Committee and note that representatives to the Bega Valley Coast and Flood Management Committee and Bega, Eden, Merrimans Aboriginal Liaison Committee have been made by relevant organisations.

Background

Access and Inclusion Advisory Committee

Council has over many years supported an Access and Inclusion Advisory Committee as a mechanism to engage with people from diverse backgrounds and abilities to provide advice and guidance into accessibility issues across the Bega Valley Shire.

The committee assists Council to reduce barriers and improve access and inclusion to Council premises, public buildings and services for residents and visitors, including people with a disability, older and frail people, parents with prams and other community members.

The committee has up 14 members. It is recommended to include: 12 members representing a range of interests across the Shire, a Councillor delegate appointed by Council and the Director Community, Environment and Planning or their delegate.

Six nominations from community volunteers were received for Rosemary Oates, Jenny Robb, Elizabeth Mallett, Sally Honey, James Aulbury and Graham Carmody. The Council delegate is Cr Nadin.

Bega Valley Shire Awards Committee

The Bega Valley Shire Awards Committee is delegated to make decisions about awards offered by Council. In making its determination the Committee will consider the guidelines associated with the relevant award.

Application forms and criteria for the award categories are developed by staff and provided to the community with appropriate timeframes to allow nominations to be submitted for consideration by the Committee.

The committee members will be the Mayor as Chairperson, two Councillors, two community members and the Director Community, Environment and Planning or their delegate.

The two nominations from community volunteers were received for Lori Hammerton and Sharyn Whiting. In addition to the Mayor, Council is represented Crs Robin and Wright

Coast and Flood Management Committee

Bega Valley Shire has the longest coastline of any local government area in NSW, incorporating 101 ocean beaches, 29 estuaries and 400 km of estuarine foreshore. The effective management of our expansive coastal and flood risk zones is critical to ensuring its environmental, economic and social values are protected for local residents, industry and for the many visitors who visit our coastal areas.

The committee provides a high-level planning and management forum to advise Council on coastal and flooding issues. It comprises 10 industry representatives, 4 agency representatives, 5 community representatives, the Mayor and Crs Robin and Seckold and the Director Community, Environment and Planning or their delegate.

Five nominations from community volunteers were received for Caroline Henry, Barbara Jones, Jenifer Lowe, Kenneth Robinson, Paul Menke. Council is represented on the committee by the Mayor and Crs Seckold and Robin.

General Cemeteries Advisory Committee

The Cemetery Advisory Committee works in partnership with Council to bring about improvements to the management of Council’s cemeteries. The operation of the cemeteries is governed by a range of legislative, policy and procedural requirements.

The committee members will be Cr Seckold as the Chair with membership consisting of a group of volunteers. A Council Officer provides a secretariat function to this Committee.

Montreal Goldfields Management Committee

The Montreal Goldfields Committee is responsible for the care and management of the Montreal Goldfields site.

The Committee will be chaired by Cr Seckold, with membership consisting of a group of volunteers that play a key role in conserving the environmental and cultural heritage of the site. A Council Officer provides a secretariat function to this Committee.

Options

Council has the option to:

1. Appoint the volunteers to the nominated committees, as recommended.

2. Not appoint the listed volunteers to nominated committees.

3. Identify alternative volunteers for committees.

Community and Stakeholder Engagement

Engagement undertaken

Nominations for Council’s committees were sought in line with Council’s adopted Community Engagement Strategy and Community Engagement Toolkit. The opportunity to participate in the committees was advertised via local newspapers, Council’s website, Council News and Facebook page.

Nominations were reviewed in accordance with the criteria outlined in the guidelines for each committee. All nominees met the relevant criteria.

Where specified in the committee guidelines the nominations were considered by the panel for each committee.

Engagement planned

There were insufficient nominations to fill positions on the Access and Inclusion Advisory Committee. Once convened, the committee will consider whether to seek to fill these vacancies.

Should any of these committees seek to recruit members to fill casual vacancies, they will be advertised in accordance with the requirements of Council’s Community Engagement Strategy.

Financial and Resource Considerations

The cost associated with establishing the committees, through media advertisements, has been met within existing budgets. Council officer time will be required to provide Secretariat support to the committees as has occurred in the past and is a part of the annual activities of Council.

Legal /Policy

The Local Government Act 1993 provides for the establishment of advisory committees to support Council decision-making. Establishment of a flood committee is a requirement of the NSW Floodplain Development Manual.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

Community representation on Council’s advisory committees supports the following elements of the Bega Valley Community Strategic Plan:

6. Strong, Consultative Leadership

6.11 We are an informed and engaged community with a transparent, consultative and responsive Council

6.11.1 Improve communication about Council activities, decisions and achievements

Environment and Climate Change

There are no direct environment or climate change implications associated with the recommendation of this report.

Economic

There are no direct economic implications associated with the recommendation of this report.

Risk

The appointment of members to the advisory committees of Council is part of the regular business of Council. The recommendation of this report does not introduce any new risks to Council.

Social / Cultural

These committees seek to provide a mechanism for interested community members to play an active role in advocating for change at a local level. Committees of Council are an instrument for facilitating open and transparent discussion about decisions proposed and made by Council.

Attachments

Nil

Council 16 March 2022

Item 9.1

9.1. Cuttagee Bridge Community Advisory Group

This report provides background to the formation of the Cuttagee Bridge Community Advisory Group and details of its views in relation to the retention of the heritage aspects of Cuttagee Bridge in any future construction.

Director Assets and Operations

Officer’s Recommendation

That Council receive and note the contents of the report and the various attachments

Executive Summary

Council resolution on 10 of March 2021 regarding the future of Cuttagee Bridge directed that a Community Advisory Group (CAG) be formed as specified below:

“Delegate the General Manager to form a community advisory group to provide guidance on how best to capture the heritage of Cuttagee Bridge and the group include a representative of the Biamanga National Park Management Group.”

The CAG was established in October 2021 following an open Expression of Interest process, however despite several contacts no members of the Biamanga National Park Management Group were available to participate.

It was made clear to all participants that while all opinions were valued and worthy of debate and consideration; the CAG was not formed as a platform for members of the community to advocate for the retention of the current bridge, to determine the design parameters of any future bridge, to comment on the effects of climate change on the site or advise on how the bridge should be maintained and funded. Importantly, nor was it to determine what the technical heritage values of the current bridge are as these aspects are addressed in the independent experts Heritage Assessment Report that was undertaken prior to the CAG’s formation.

A set of guidelines for the CAG were developed and presented at the first meeting on 1 November 2021 for comment. These guidelines, appended to this report, reaffirmed its primary role was to provide guidance to Council on how they felt was the best way to capture the heritage aspects of Cuttagee Bridge into the future. At the first meeting, the CAG endorsed the guidelines, including their roles and responsibilities.

It was clear from the outset that a majority of members located in the Barragga Bay and Bermagui area held very strong views about the retention of the current structure citing that despite suggestions in the Heritage Assessment Report that it has limited technical heritage value, its intrinsic value to the local community was part of the aesthetic of the place and the feeling of past times that it evoked, allied with being part of a group of wooden bridges on the coastal tourism route.

This report seeks to provide a high-level summary of the combined views of members of the CAG for Council consideration. While clear guidance was given about the CAG objectives, some members wished to place greater emphasis on certain aspects that they considered important regarding not only the heritage values of the bridge but also what they perceived were limitations on the groups mandate and therefore the slant of the final report. In the spirit of transparency, and so all voices are heard, these comments have been appended to this report for reference.

Background

Prior to the formation of the CAG, Council resolved at its Ordinary meeting of 10 March 2021 to:

1. Endorse replacing the current single lane timber Cuttagee Bridge with a two-lane concrete bridge that is sympathetic to the heritage and tourism values of the Tathra-Bermagui Road tourist route acknowledging that the existing bridge is not feasible to retain and endorse lodgement of Development Application for the demolition of the bridge.

2. Engage a heritage consultant to work with Council and the community to identify how to reflect heritage and tourism values in any new structure and a coastal engineer to assist Council to determine an appropriate design that addresses identified coastal hazards at this location.

3. Delegate the General Manager to form a community advisory group to provide guidance on how best to capture the heritage of Cuttagee Bridge and the group include a representative of the Biamanga National Park Management Group.

Council then resolved at its Ordinary meeting of 31 March 2021 to:

1. That the Mayor and General Manager continue to advocate to the NSW Government and request that Transport for NSW provide a separate funding deed for Cuttagee Bridge

2. That the Deed include the timeframe for completion of works to be at least four years from the date of signing to enable Council to meet all the community consultation and planning requirements and ensure that consideration of preservations of the bridge’s heritage is captured in design aspects for the new bridge and all coastal hazard issues in relation to the new structure are dealt with.

3. That staff continue to progress with the other steps resolved relating to Cuttagee Bridge as resolved the 10 March 2021 Council meeting.

The CAG held their first meeting on 1November 2021 with subsequent meetings on 13^th December and 1 February 2022. The CAG was made up of community members primarily from Bermagui and Barragga Bay with 2 members from the further south of the Shire. Unfortunately, and for a number of reasons, only those from the Bermagui and Barragga Bay area actively participated and attended the meetings.

During the meetings members of the CAG were introduced to a suite of documents to assist in their more complete understanding of the site and the specific situation. These documents include:

· Cuttagee Lake Catchment Management Plan- 15 July 2016

· Geotechnical Investigation Report April 2020

· Features and Contours Survey

· Replacement Preliminary Design August 2020

· Engineering Options Report May 2021

· Pedestrian Lane Concept Design July 2021

· Heritage Assessment August 2021

· Coastal Hazards September 2021

· Review of Environmental Factors (REF) September 2021

· Structure 228 Structural Assessment Report December 2021

These are all available on the Major Project page on the Council website.

https://begavalley.nsw.gov.au/cp_themes/default/page.asp?p=DOC-XGH-37-21-83

In addition to this, a number of briefings with Council subject matter experts were held and discussions ranging from how to conduct immediate repairs, what options existed for keeping the current structure, what funding options exist, etc. and are all in the public minutes of the meetings.

Options

There are no specific options to be considered in this report however the observations below were made during meetings or through follow up correspondence. It is also worthwhile noting at this point how the structure was assessed against NSW Heritage Criteria. This information has been extracted from the attached independent heritage assessment report.

Assessment against NSW Heritage Criteria

The NSW heritage assessment criteria encompass the four values in the Australia ICOMOS Burra Charter, which are commonly accepted as generic values by Australian heritage agencies and professional consultants:

• historical significance

• aesthetic significance

• scientific significance

• social significance

These basic values are expressed as a set of criteria against which an individual place, or indeed a complex of individual items can be assessed. A place does not need to meet all criteria, and often a place will meet only one criterion and still be deemed significant. If a place meets the criterion to a high degree, it may meet the threshold for entry to the local heritage schedule or the State Heritage Register. It is customary to include a summary statement of significance that clarifies the nature and degree of significance.

NSW Heritage Criteria

Criterion (a)

An item is important in the course, or pattern, of the cultural or natural history of the local area;

The Cuttagee Bridge was one of many such bridges designed by the NSW Public Works Department and built to improve the transportation network throughout NSW in the latter part of 19th and early 20th centuries. It greatly facilitated access to ports and markets for those operators located south of Cuttagee Lake. It was effectively a link in a transport chain that included Murrah Bridge, Wapengo, Sandy Creek and various one and two span bridges over lesser creeks.

Its historic significance is confined to the local area only.

Criterion (b)

An item has strong or special association with the life or works of a person, or group of persons, of importance in NSW’s cultural or natural history (or the cultural or natural history of the local area);

The bridge is one of possibly thousands designed by the Public Works Department but is not known to be associated with any significant individual, unlike for example the timber truss bridges that are named after their design engineer (Allan, McDonald, Dare and de Burgh).

The Cuttagee bridge is not significant against this criterion.

Criterion (c)

An item is important in demonstrating aesthetic characteristics and/or a high degree of creative or technical achievement in NSW (or the local area);

The bridge does not demonstrate a high degree of creative or technical achievement however it does have important aesthetic attributes.

While different people will have different tastes, aesthetic values are generally established if they are held by a group or community. This can be demonstrated for example by an item being a regular subject of photography, or of painting or discussion, or indeed by collective agitation if the item is at risk of change or demolition. Aesthetic value can be a component of social value.

The demolition of timber bridges frequently generates concern, distress, agitation and strong feeling in community groups who mourn the loss of the item because of the way it looks, its character and its setting.

The aesthetic attributes of the Cuttagee bridge relate to the deck and above, to:

• its human scale (in this case width of deck and height of rails)

• its use of repeated elements (posts and rails, ends of deck timbers etc),

• its materiality (primarily painted timber and old metal fixings),

• its texture (wood grain, multiplicity of components, varied deck surface)

• its irregularities that show how it has aged and responded to settlement (handrails, deck kerbs, deck surface),

• its sound when driven over (the knocking of deck boards and the ‘slap’ as the tyre moves from one deck board to another – the bridge could be said to have an ‘acoustic’).

In summary the bridge has a high degree of aesthetic value that is subtly embedded in its scale, detail and material that combine to evoke an emotive response that is held by many in the community. In this particular bridge the values are in the deck and above, not the piles and girders that have been extensively altered.

Criterion (d)

An item has strong or special association with a particular community or cultural group in NSW (or the local area) for social, cultural or spiritual reasons;

There is a design simplicity evident in the many hundreds of timber bridges that were built like Cuttagee. They used quality Australian hardwoods, often from the local area, in a structure that was conceptually simple, and able to be built using local skills and labour. Structures that continue to demonstrate this quality sit comfortably in their landscape setting and resonate with the local community. The Cuttagee Bridge has strong social and associative values for members of the local community who have initiated a campaign for its retention.

Important values expressed recently by some community members could be summarised as the tourist, aesthetic and amenity aspects of the bridge.

Criterion (e)

An item has potential to yield information that will contribute to an understanding of NSW’s cultural or natural history (or the cultural or natural history of the local area);

Does not apply to Cuttagee Bridge

Criterion (f)

An item possesses uncommon, rare or endangered aspects of NSW’s cultural or natural history (or the cultural or natural history of the local area);

Most of the 3000 or so timber bridges for both road and rail across NSW were constructed approximately between about 1870 and 1930. In 2009 the timber bridge study undertaken for Bega Valley Council identified 65 timber bridges in the shire. Since that time a number have been burnt in bush fires or replaced as part of the Shire’s on-going bridge replacement program. Most of the bridges are coming to the end of their functional life or may not meet modern codes and standards. A bridge typology that was once common across the shire is diminishing and as a consequence surviving timber bridges will become rare. It is fair to say that Cuttagee Bridge possesses endangered aspects of the Bega Valley Shire’s cultural heritage.

Criterion (g)

An item is important in demonstrating the principal characteristics of a class of the local area’s cultural or natural places

From the deck up, the Cuttagee bridge is a fair, if aged, example of the timber bridge type however, below the deck, it is now a poor example of the type, with multiple modifications to the piers and abutments.

Statement of Significance

The Cuttagee Bridge is of historic interest as one of a group constructed in the later part to the 19th century to facilitate transport between Tilba Tilba, Tanja and the port at Bermagui. Designed by the NSW Public Works Department in 1892 it was one of many that used the ‘simple beam’ structural system. Built from native Australian hardwoods, the bridge was extended twice in response to shifting sands and suffered major flood damage in 1934 and again in 1974.

It was recognised as a component of a significant tourist drive as early as 1934 by the NRMA Touring Department and continues to be valued in like manner by many of the local community as well as visiting tourists. The bridge is considered to have aesthetic value for its traditional character, its setting within the immediate landscape as well as being a component of the drive between Bermagui and Tanja. It is highly valued by the local community who consider that many of the bridge’s characteristics align with their own values and way of life.

Timber bridges of this type and period are coming to the end of their functional life and are being replaced with modern concrete structures, and consequently bridges such as Cuttagee are becoming increasingly rare.

Community Advisory Group Observations

It was discussed with the CAG that the Heritage Assessment Report concluded that while the current bridge had notable aesthetic, community and situational heritage values, it displayed limited technical heritage value other than to note that all timber girder construction bridges of that era and type were becoming increasingly rare. It was also clarified that Cuttagee Bridge is now a hybrid structure incorporating steel and concrete elements due to structural failures and that little or no original timber components still exist having been routinely replaced over the years.

In the view of the CAG, the bridge’s main charm and community heritage value exists in its aesthetics, location and ‘point of difference’. While no unanimous consensus was reached by group members, the more active participants were generally in favour of retention of the bridge in its current form and if that was impossible then it should be rebuilt in such a way that all identified aspects relevant to its heritage and aesthetic should be incorporated in any new structure.

The points below (in no ranked order) were consistent themes:

· The timber superstructure was more important aesthetically than the timber, concrete, and steel substructure

· The skeletal look of the current substructure is appealing

· Retention of a single lane bridge was preferred (traffic calming was cited as one of the main reasons)

· Lowering the speed limit on both bridge and surrounds (safety and ‘slow’ lifestyle were discussed)

· Maximum retention of timber elements where possible such as kerb, deck, handrails including kingposts and diamond top rail

· Aesthetic look and feel of all components need to be considered (lightly and sympathetically engineered)

· Mirroring the acoustics and the sound of vehicles driving across the timber

· Preserving its context as part of a series of timber bridges along a tourist route

· Providing appropriate signage advising of heritage and significance

· Sensitive use of any salvaged materials

The comment was also made that to some people Cuttagee Bridge was also an important historical marker of the areas colonial past that should not be forgotten.

Members of the group were invited to provide personal statements for this report. Those who have chosen to do so have been attached.

Community and Stakeholder Engagement

Engagement undertaken

The engagement referenced is pertinent to the CAG only and not indicative of any wider consultation on the future of Cuttagee Bridge which needs further consideration.

An open Expression of Interest (attached) was undertaken in order to elicit applications to join the Community Advisory Group from a wide range of backgrounds and perspectives, this was advertised for 3 weeks from 23 July to 15 August and only 13 applications were received.

An assessment panel consisting of the Director Assets & Operations, Director Community, Environment and Planning, and an external independent panel member, rated all submissions against their relative merits to try to achieve the most representative but diverse group possible noting that the majority of applicants to the group expressed a clear and strong desire to retain Cuttagee Bridge in its current form. This selection process resulted in eight (8) members being invited to join the group.

The CAG is chaired by the Director A&O and Council provides a Secretariat function with meeting minutes publicly available on Council’s website.

Council thanks all members for their diligent engagement in what continues to be a challenging and emotive project.

Engagement planned

No additional engagement is planned at this stage with the current CAG following this report relating to retention of the heritage aspects of Cuttagee Bridge.

Once Council has determined its preferred replacement option it is recommended that a Project Steering Group is constituted with a remit other than to just advise on the heritage aspects. The group should comprise not only of interested community members but also subject matter experts in such fields as design, engineering, environment etc.

Financial and Resource Considerations

There are no financial considerations associated with the formation and operation of the Community Advisory Group other than staff time.

Legal /Policy

The Cuttagee Bridge Community Advisory Group is not a formal Committee of Council within the meaning of Section 355 of the Local Government Act (1993) and has no executive powers.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

Bega Valley Shire Community Strategic Plan 2040:

· Outcome 4 liveable places

· Outcome 5 connected communities

Environment and Climate Change

There are no environmental or climate change implications specifically relating to the retention or incorporation of the heritage aspects of Cuttagee Bridge in a future replacement structure. Any environmental impacts on the site will need to be assessed during the design process for a new structure.

Economic

The economic impacts of retention and incorporation of the identified heritage aspects into a new or restored structure can only be assessed once a decision is made on the type, style, and configuration of the bridge.

Risk

The primary risk with the findings of the CAG is that they may not be representative of broader community sentiment as the most active participants are very local to the bridge and have strong personal views and motivations.

The views expressed should be tempered within the larger context of funding, affordability, maintenance, safety, resilience, environment, climate change, longevity, design etc that are not addressed in this report.

Social / Cultural

As with the Economic aspects, the Social / Cultural impacts of retention and incorporation of the identified heritage aspects into a new or restored structure are very important and multifaceted but can only realistically be assessed once a decision is made on the future type, style, and configuration of the bridge

Attachments

1 ⇩. Council Action Report No 11.7 Bridges Funding 2021.03.10

2 ⇩. Cuttagee-Bridge Coastal Hazards report Sep-21

3 ⇩. Cuttagee-Bridge Heritage Assessment Aug-21

4 ⇩. Expressions of interest for Cuttagee Bridge Community Advisory Group

5 ⇩. Cuttagee Bridge Advisory Group adopted guidelines

6 ⇩. Minutes from Cuttagee Bridge Advisory Group Meeting 2021.11.01

7 ⇩. Minutes from Cuttagee Bridge Advisory Group Meeting 2021.12.13

8 ⇩. Minutes from Cuttagee Bridge Advisory Group Meeting 2022.02.01

9 ⇩. Geoff Steel Statement

10 ⇩. Paul Payton statement

11 ⇩. Jenifer James Statement

12 ⇩. Ken Robinson statement

13 ⇩. Ken Murtagh statement

Council 16 March 2022

Item 9.2

9.2. Water and Sewer Services Policies and Procedures

Water and Sewer Services policies and procedures have organically grown and are now not reflective of current or best practice. They have been restructured, updated, and contain proposed changes to services to suit community needs.

Director Assets and Operations

Officer’s Recommendation

That Council resolve to:

1. That Council endorse Draft Policy 4.07 Water and Sewerage Services version 6

2. That Policy 4.07 Water and Sewerage Services and associated procedures be exhibited for a minimum period of 28 days and submission received for 42 days

3. That a further report be presented to Council on any submissions received, or if no submissions are received, the exhibited policy be adopted and published on Council’s website.

4. That Policies 4.01 Drinking Water Quality and 4.08 Drinking Water supply be revoked as they have been merged into Policy 4.07 Water and Sewerage Services

Executive Summary

Over 1/3^rd of the rates and charges Council places on our community are for Water and Sewerage Services (W&SS). Our policies and associated procedures govern how they are fairly applied.

W&SS procedures have grown organically without major review and consolidation for some time. Councillors should understand the proposed procedural structure & consider how Levels of Service (LoS) are impacted by the changes. This will make our procedures more customer centred and readable, improve fairness in application of our billing structure and reduce the number of ‘special cases’ which need consideration.

Background

It is proposed to amalgamate all existing water and sewerage services policies into one central policy and all existing procedures into a suite of just four procedures. Changes are shown in the following table. In general, only changes to policy require Council endorsement, however, the depth and implications of the significant procedural changes in this instance also warrant Councillor attention.

Number	Policy or procedure name	Proposed	Proposed name or notes
4.01	Drinking water quality	4.01	For amalgamation into 4.07
	[there are no procedures under this policy]
4.07	Water and Sewerage Services	4.07	To incorporate 4.01 and 4.08.
4.07.1	Private sewer pumping station	4.07.1	Connecting to our water or sewer system
4.07.2	Gravity Sewer extensions within Development Servicing Plan Areas	4.07.2	Water and sewer billing, concessions, and reductions
4.07.3	Liquid trade waste policy/regulation		To be updated soon (not this process)
4.07.4	Construction over and near Council underground assets	4.07.4	Water, sewer, and stormwater asset ownership
4.07.5	Council maintained Pressure Sewerage System on private property		To be revoked (this process).
4.07.6	Sewer connections and extensions outside Development Servicing Plan Area		To be revoked (this process).
4.07.7	Developer service charges for water and sewer where allotments are vacant…		Previously revoked.
4.07.8	Subdivisions within Council Sewerage Areas		Previously revoked.
4.07.9	Responsibility of Council pipes on Private property		Previously revoked.
4.08	Drinking water supply	4.08	For amalgamation into 4.07
4.08.1	Water supply and metering		To be revoked (this process).
4.08.2	Subdivisions within Council Water Areas		Previously revoked.
	Backflow prevention		Previously revoked.
4.08.2	Water Usage Charging		To be revoked (this process).
4.08.3	Water Supply and Sewerage Section 64 Charges		To be revoked (this process).
4.08.4	Underground Asset Ownership and Responsibilities		Was being developed. Now added to 4.07.4
	Water restrictions		Possible future procedure.
4.08.8	Water extensions within Development Servicing Plan Areas		Previously revoked.
4.08.9	Water extensions outside Development Servicing Plan Area		Previously revoked.

Options

All aspects of the policy and procedures are open for discussion with Councillors and the community.

Below is a list of the key changes proposed as part of this policy and procedure overhaul.

Key changes proposed

Policy 4.07 Water and Sewerage Services

An amalgamated and updated policy combining the following current policies:

4.01 Drinking water quality

4.07 Water and Sewerage Services

4.08 Drinking water supply

Proposed key changes:

The drinking water policy statement is copied from the ‘to-be-revoked’ drinking water quality policy, with no significant changes and continues to recognise the importance of the Drinking Water Quality Management System.

A water recycling policy statement is added to the policy to recognise the importance of recycled water management.

The detail on how we achieve our ‘mission’ has been removed from the policy. This information is more appropriately managed in a strategic business plan, however our policy should be to maintain a current strategic business plan, or equivalent document.

The alignment of the strategic business plan with state policy and guidance is added to the policy.

A commitment to work towards using the Integrated Planning and Reporting Framework is added.

Development servicing plan controls are removed from the policy statement as they are deprecated controls and will be detailed in procedures rather than policies.

4.07.1 Connecting to our water or sewer system

A new procedure that combines elements of all revoked procedures, primarily:

4.07.5 council-maintained pressure sewerage system on private property

4.07.6 sewer connections and extensions outside DSP areas

4.08.3 water supply & sewerage Section 64 charges

4.07.2 sewer extensions within DSP areas

4.07.1 private sewer pumping station

Proposed key changes:

Communicating with the developer and owner

Where applications for development create conditions on land owned by someone other than the applicant then approvals will be sent to both the applicant and the property owner.

Fire service metering

A ‘double detector check valve with by-pass’ meter arrangement is adopted (already informally adopted) to remove unreliable magnetic flow meters from the water meter fleet.

Lower pressure connections

Larger property service lines lain if static pressure is below 300 kPa or if the service line crosses a road or is otherwise longer. (Already informally adopted)

Pressure - High

Council will install a pressure reducing valve on your meter assembly if the pressure supplied to your property at the meter is greater than 500 kPa.

Note: Council voted to proceed with this increase to service on 3 November 2021.

Trunk main connections remain prohibited

This decision will be reviewed after the Strategic Business Planning process.

The way Water Management Act certificates are applied for and conditioned

This has changed due to the introduction of the NSW planning portal.

Eligibility to connect has been formally delegated to the Development Engineer

This has been practically the case for around 4 years rather than blocking access from outside the Development Servicing Plan.

Unconnected charges no longer reduce later headworks charges

We used to add up all the ‘unconnected’ fees and then take them off the headworks charge. This is not in the spirit of the Local Government Act and we propose to remove this subsidy.

Most things are just better clarified or updated to reflect actual practice.

Delegation to take on construction of developer works appointed to WaSS Manager

This effectively was delegated to anyone but is now clearly sitting with a role.

4.07.2 Water and sewer billing, concessions, and reductions

A new procedure combining elements, mainly of:

4.08.1 water supply and metering

4.08.2 water use charging

Proposed key changes:

Arrears clause removed as deemed to promote water poverty.

· No concession will be provided where an account presents in arrears of more than two charging periods. - now removed.

Concurrent bills related to leaks now allowed (rather than only one) because an unusually high bill may be what alerts an owner to a leak. This would require two applications for leniency.

Sewer and Liquid Trade Waste charges now specifically included as 100% above normal use refunds for water leaks. Unlike water – which passes through the meter – the sewer is never actually used and so a customer should not be charged for it.

Repeat leniency delegation moved down to Manager W&SS rather than being specifically excluded and therefore requiring CEO approval.

· Any repeat leniency request within a 5-year period will require approval from the Manager of Water and Sewerage Services. (Not including concurrent bills).

· Provision added to repeat leniency to allow Council to place conditions on the leniency and require evidence of significant internal plumbing renewal or other works which would reduce the likelihood of leaks.

‘Normal use’ is defined better

‘Significant increase’ is moved from a 3x the normal use to a 2x normal use

Residential leaks liability is now capped at $1,000.

Non-residential leak concessions have increased from 50% to 75% concession because non-residential leaks can be very high value e.g. $20k

120 days allowed to apply for concession instead of 60 days

High usage charge detail brought down from revenue policy into water billing procedure. Historical assessment method has been detailed (this year’s revenue policy alluded to it so no change required).

Quote:

“To establish the Credit Volume for an existing non-residential property, the property will be assessed for water and sewer loads using a historical water use assessment. Any previous S64 contributions will also be converted to Credit Volumes. Where historical water use assessment is not possible the Water Directorate S64 Guidelines 2017 will be used instead.”

We are committing to assess and award credit volumes to any remaining non-residential properties not on the High Usage Charge in 22-23 FY.

Other leaks provision added. Where an unexplained or accidental high use has occurred, the use may be treated as if it were a concealed leak.

Decision review framework added.

Credit volume for sewer now calculated based on water credit volume and sewage discharge factor.

Removing ‘ET’ terminology and instead issuing ‘credit volumes’ – a volume in kL which your business is entitled to with no extra headworks charge. (note: ETs retained in section 64 developer contributions)

Historic assessment method will always be based on the 2018/2019 financial year and the preceding 10 years since this is the ten years prior to the High Usage Charge being introduced to the revenue policy. This period also excludes Black Summer use and Covid related impacts.

4.07.4 Water, sewer, and stormwater asset ownership

A new procedure combining elements, mainly of:

4.08.4 underground asset ownership and responsibilities

4.07.4 construction over Council underground assets

Proposed key changes:

Point of ownership for sewer defined for the first time

Council resolved to enact this change at the meeting of 3 November 2021.

Cases where building over sewer pipes will be allowed rather than always prohibited

Stormwater included in ownership description for first time

Community and Stakeholder Engagement

Engagement undertaken

The procedures have been authored and commented on by all W&SS sections as well as Communications, Revenue, and Transport.

The procedures have been presented to the Strategic Leadership Group who were also provided two weeks for feedback which was then incorporated. This group includes the Leadership Executive Group.

The Leadership Executive Group discussed the procedures in late 2021 and determined to report the procedures to Council, rather than adopt them under their delegation.

The Sewer asset point of ownership included a Network Operations Team Leaders workshop as well as numerous other team meeting discussions.

The pressure protection initiative included input from a Councillor workshop in 2021 related to trunk main customers, followed by a technical review of options concluding the only viable option is as written in this procedure.

The historical assessment of high consumption charge includes involvement from customers representing several local businesses.

The leak concession changes have incorporated feedback from consultation with several local business.

Engagement planned

The policy and procedures will be placed on formal exhibition for 28 days and feedback will be brought back to the Council meeting of 20 April 2022.

Consult: By exhibiting the procedures for 28 days anyone may have input to the proposed changes. This will include social and other media encouraging review through the Have Your Say section of Council’s website.

Inform: After adoption of the procedures any affected non-residential business will be informed of the changes with a letter or email.

Involve: Businesses will be asked to help with a review of our non-residential billing framework seeking opportunities for further improvement. This is part of our underway Strategic Business Planning process. The SBP includes significant residential and commercial customer consultation and involvement. Although the specific method of engagement is still under development we will likely involve and consult with business customers through two-way sessions at chamber of commerce meetings, focus groups and targeted surveys. Developers, and residential customers will also be asked for feedback on our whole business, including content dealt with in these procedures.

This procedure review work precedes the findings of the underway Strategic Business Planning process and deals with some issues immediately rather than deliberately waiting for the SBP to be finalised.

Financial and Resource Considerations

There are some Level of Service implications in some recommended changes. These are the water meter pressure management and the sewer point of ownership. These costs were considered in financial scenarios council voted on at the 3 November 2021 meeting and both service changes were adopted.

After exhibition and depending on results of public exhibition, staff will recommend Council resolves to backdate some changes to the high usage charge to last financial year, specifically to:

Implement the updated High Usage Charge historical assessment method including:

a. Review all credit volume entitlements and adjust current entitlements by applying the historic use method for the 10 years between 2009/2010 and 2018/2019.

b. Adjust the levied high usage charge for the 2020/2021 financial year for any customers who request a review, and where a review would result in a greater than 20% adjustment in credit volume payment.

Legal /Policy

Defining a point of ownership for sewer will give better legal clarity.

Although we are currently able to set our own maximum water pressure, we are not currently in line with recommendations of the Water Supply Code which reflects the Plumbing Code. These changes will begin our decade long journey to compliance safeguarding against future changes to the plumbing code with may mandate pressure control.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

Community Strategic Plan

4: Liveable Places

4.8: Our places retain their character and scale, development is well planned, and a range of goods and services are available within our Shire that meet local needs

4.8.7: Operate and maintain water supply and sewerage system assets

Operational Plan

Operate and maintain water supply and sewage network systems to meet health and environmental regulatory and Council Strategic Business Plan (SBP) level of service objectives requirements

Environment and Climate Change

The sewer ownership point of connection will improve the condition of the sewer network and result in fewer sewage spills to the environment.

Economic

The high usage charge will provide better clarity and fairer credit structure for businesses.

Risk

The largest increased risk is around liability for failed pressure reducing valves which may be considered a cause of leaks and damaged appliances. Conversely if the utility does not own this risk then no one does, and an overall worse result eventuates through failure to maintain the pressure management devices.

The perception of the high usage charge may lead to some reputational risks despite the result being a user-pays model removing barriers to development, red-tape, and avoiding skewing development.

Social / Cultural

The Leniency Policy provides clearer and more lenient conditions to receive a reduction in liability for leaks. The procedures are also overall clearer and allow greater development opportunity through clarity of requirements and more flexible approvals.

Attachments

1 ⇩. DRAFT For Council 2022.03.16 policy 4.07 Water and sewerage services v 6 to be exhibited

2 ⇩. DRAFT For Council 2022.03.16 procedure 4.07.1 Connecting to our water or sewer system v 1 to be exhibited

3 ⇩. DRAFT For Council 2022.03.16 procedure 4.07.2 Water and sewer billing, concessions, and reductions v 1 to be exhibited

4 ⇩. DRAFT For Council 2022.03.16 procedure 4.07.4 Water, sewer, and stormwater asset ownership v 1 to be exhibited

Council 16 March 2022

Item 9.3

9.3. RFT 2122-022 Bega Water Treatment Plant and Depot Solar

This report details the outcome of the evaluation of Tender RFT2122-022 Bega Water Treatment Plant and Depot Solar and a recommendation to engage the preferred contractor.

Director Assets and Operations

Officer’s Recommendation:

1. That Council accepts the recommendations in the attached confidential memo.

2. That Council accepts the tender for RFT 2122/022 Bega WTP and Depot Solar from [to be inserted] for the lump sum price of $[to be inserted] as outlined in Confidential Attachment 1.

3. That the Provisional Sum included in the Tender for a Battery Energy Storage System (BESS) be negotiated following completion of the system design.

4. That Council officers notify all tenderers of Council’s decision.

Executive Summary

RFT 2122/022 Bega Water Treatment Plant and Depot Solar has been developed to reduce our carbon footprint and electricity charges at the South Bega reservoir site. The community and Councillors have indicated the importance of reducing Council’s carbon footprint and ensuring value for money is achieved.

The site also includes the Bega to Yellow Pinch water pump station (B2YP WPS). Pumping water is one of the largest energy demands across council. Council staff have investigated options around how to maximise solar generation and optimise battery storage at this site due to the available space and large demand. Payback periods and return on investment have also been considered, particularly for the battery energy storage system (BESS).

The RFT included performing a detailed design of the system to draw on the considerable experience of the tenderers in design of solar systems.

Background

On 26 June 2019 Council endorsed the BVSC Clean Energy Plan that sought to embed energy efficiency and renewable energy considerations as ‘business as usual’ across all BVSC’s operations. The implementation of renewable energy generation has been a key priority for BVSC and is a key activity in the Operational Plan as well as being an identified outcome in the Community Strategic Plan 2040.

Pumping water is one of the biggest energy demands across council, so inclusion of solar generation in our water treatment plants (WTP) is a key contributor to Council meeting its energy reduction program. This report considers a 320kW solar installation at the South Bega Reservoir site. W&SS have a 30kW system installed at Bemboka WTP and are currently designing a suitable solar system for the Brogo WTP.

The South Bega reservoir site is also the site for the Bega WTP and W&SS Depot. The State Government supported Bega WTP and Depot through the Safe and Secure grant funding. The WTP was Tendered from 29 October to 14 December 2021. Tender Evaluations are well underway with the view to having a contractor engaged in the first half of 2022. The W&SS Operations Depot is currently under construction. Together with these two buildings and the existing pumpstation and reservoirs on this site, it is proposed to install a 320kW roof mounted solar system, sized according to expected plant demand.

In order to optimise integration of the solar system into the new and existing structures and maximise design and construction outcomes, an RFT was issued to market on 13 October 2021 for the design, installation and commissioning of a new solar generation system for the whole site. There are complexities in the site that made it more favourable to complete as a separate contract from the Depot and WTP contracts. There were also benefits by engaging a solar contractor prior to completion of the new structures to enable an integrated design to be developed.

Options

Options available included;

1. Install a Photo Voltaic (PV) system sized to utilise all available space on site. (Option taken to tender)

2. Install a smaller system (<100kWh) to reduce the energy demand for this site. This would leave a gap in energy demand resulting in Council still incurring the ‘high demand’ charges from our energy suppliers. Systems above 100kWh have additional design and regulatory requirements.

3. Investigate off site options (either through Council’s current PCA plans, or standalone), to offset the demand of this site, potentially higher cost alternative, may constrain plans for future sites, and would still incur the ‘high demand’ charges from our supplier.

4. Do nothing. This would save the initial capital and future operational and replacement cost for any system but would not realise any cost saving benefits from energy generation, or aid Council in achieving our energy reduction targets.

Note that inclusion of the Battery Energy Storage System (BESS) is still being considered on the basis of cost payback and may or may not be included in the scope. This decision will be based on the completed PV & BESS system design (currently in the scope of this tender), confirmed system cost and payback period.

Community and Stakeholder Engagement

The following stakeholders have been engaged to cover design and operational requirements:

· W&SS Operations team

· Environment & Sustainability team

· GHD – contractor engaged as Owners Engineer for the Bega Water Treatment Plant design

The stakeholders support the recommendations of this report.

Engagement undertaken

W&SS have engaged with Council on our Solar Strategy, looking at opportunity for incorporation of Solar installations at both existing facilities and inclusion in the current program of water filtration plants being rolled out (Supported by DPIE-Water through the Safe & Secure Water Program).

Engagement planned

Planned press releases at critical stages of this project and other projects at the same site.

Financial and Resource Considerations

Budget includes $880k for solar between now and June 2024. This will cover the RFT if recommended options proceed.

Item	$ Excl GST
Expenditure Detail
<list project scope deliverables>	Refer to attached memo


Total Expenditure	XXXX (sum of all costs)

Source of Funds
<approved budget\|revenue funded>
<grant income\|name of grant>
<reserve funds\|name of reserve
Total income available	* total income = total project cost

Total Project Capital Cost
Total Available Construction Funding
Project Funding Shortfall	*= total expense – total income*

Financial Option Impacts | Life Cycle Costing

Ongoing Financial Impacts	$ Excl GST
Capital Investment \| Renewal, Upgrade, New	Refer to attached memo
Annual maintenance and operational costs	Refer to attached memo
Depreciation costs	Refer to attached memo

Legal /Policy

The tender process complied with the Local Government Act 1993 and Council procedures.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

This project aligns with Council’s strategic and operational plans as follows.

· Community Strategic Plan – Sustainable Living, Goal 6, Strategy 14

· Continue physical roll out of solar power generation across existing water and sewer assets - 2021/2022 Operational plan (Shire wide)

· Construct new Water and Sewer Workshops and Staff Accommodation - 2021/2022 Operational plan (Shire wide)

· Release tender and commence construction of the Bega Water Treatment Plant - 2021/2022 Operational plan (Bega)

Environment and Climate Change

As water treatment and conveyance is one of the major energy demands of Council, inclusion of alternative energy supplies provides a real opportunity to make significant reductions in the whole of council energy consumption. Through the inclusion of a PV generation system that is appropriately sized to meet the energy demands of the new Bega plant, we can essentially write off the energy needed to be purchased for this site. The inclusion of a BESS system would further assist, by smoothing demand spikes and assisting where production is lower.

The system proposed for the Bega WTP will be similar (albeit much larger) to the system included in our Bemboka WTP where the solar energy is fed in before the meter, meaning that we can utilise the energy we produce locally on the site rather than relying on being able to export power to offset our net consumption. This system is beneficial as it means we are using our power, not taking supply, then exporting back to the grid when it can be accepted. This means that we can reduce the ‘high demand’ charges we incur on these sites.

Incorporation of a similar system is being included at our Brogo WTP currently under construction and will be included in our coming plants.

Economic

Reducing the energy purchased from retailers will have a direct positive cost impact. It is expected that should we need to purchase power, it should be at a cheaper rate, by reducing the ‘high demand’ charges.

Risk

If this RFT doesn’t proceed Council will be exposed to increased electricity price and will not meet the community’s expectations around reducing our carbon footprint.

Current reservoir roofs are not structurally adequate for installation of solar. Successful contractor will assess adequacy as part of the contract.

Social / Cultural

Meet the expectations of the community by reducing our carbon footprint and operating costs.

Attachments

1 . Confidential Memo RFT2122-022 Bega WTP Solar (Confidential - As this attachment contains commercial information of a confidential nature that would, if disclosed (i) prejudice the commercial position of the person who supplied it; or (ii) confer a commercial advantage on a competitor of the Council; or (iii) reveal a trade secret as per Section 10A(2)(d) of the Local Government Act 1993.

Although the above relates more explicitly to the discussion of closed business, it also forms part of the basis of justification as to why information relied upon in informing the public decisions made by Council are kept confidential. To consider this confidential material in open Council would be, on balance, contrary to the public interest (as defined in Section 14 of Government Information Public Access (GIPA) Act 2009) as it would potentially disclose private business information provided by tenderers in a confidential tender process and would also impact Council’s position in relation to its consideration, therefore impacting the tender process. This meets the requirements of Sect 10 D of the Local Government Act 1993 if Council were to close the meeting to discuss the details of individual tenderers.

2 . RFT2122-022 Evaluation Scoresheet (Confidential - As this attachment contains commercial information of a confidential nature that would, if disclosed (i) prejudice the commercial position of the person who supplied it; or (ii) confer a commercial advantage on a competitor of the Council; or (iii) reveal a trade secret as per Section 10A(2)(d) of the Local Government Act 1993.

Council 16 March 2022

Item 9.4

9.4. Tura Beach Country Club Funding Support Proposal

This report presents a request from the Tura Beach Country Club for Council to provide financial support for renewal of their irrigation system.

Director Assets and Operations

Officer’s Recommendation

Council do not provide funding as requested

Executive Summary

Tura Beach Country Club (TBCC) has obtained $580,000 funding from the NSW Government’s Regional Sport Facility Fund for the replacement of their recycled water irrigation system. TBCC have requested that BVSC matches the funding amount of $580,000 with a balance of $204,550 to be provided by the Club.

TBCC are a long-time user of recycled water from Tura Beach Sewage Treatment Plant (STP) for irrigation of the golf course and bowling greens. Approximately 25% of the recycled water produced at the STP over the last 15 years has been used for irrigation by TBCC.

BVSC do not have a clear policy position or understanding of customer willingness to pay for this activity. The most recent precedent is a 10% contribution to the project costs resolved in 2015 for Pambula-Merimbula country club. A clear policy position will be formed on completion of the current business planning process being undertaken by Water and Sewerage Services (W&SS).

BVSC has the highest recycled water reuse percent of any coastal NSW community by a significant margin. Our reuse is more than 1/3^rd greater than the next closest coastal community, and far above the state median. Our sewer bill is also the highest in the country. BVSC sewerage services does not have a budget allocation for subsidising private recycled water irrigation system renewals in its long-term financial plan. W&SS are in the process of writing a new strategic business plan.

The strategic business plan will be adopted this financial year. A community willingness to pay exercise will occur in March/April 2022 and will give information to Councillors to set future budget allocation for various recycled water activities through scenario adoption in May 2022. Next financial year a recycled water strategy will detail a plan and direction. Like the strategic business plan the recycled water strategy will be a community-informed process. Until that time Council has no certainty about our current or future arrangements for recycled water from any of our STP.

While BVSC plays a major role in disaster and emergency management within the Shire, and this theme is a substantial part of the TBCC upgrade proposal, W&SS has no specific involvement in providing emergency shelter or neighbourhood safer places during bushfire or events and its limited funds should not be seen as readily accessible for this function.

Background

BVSC has supplied recycled water from Tura Beach Sewage Treatment Plant (STP) to the TBCC for the purpose of irrigating the golf course and bowling greens for over 40 years. The volume supplied varies from year to year depending on rainfall and demand. Over the last 15 years around 50 megalitres per year (ML/y), or about 25% of the total volume produced at the STP, has been supplied. The proportion of recycled water that is not supplied for irrigation is disposed to a dunal exfiltration trench to the east of the STP.

TBCC own, operate and maintain the irrigation system infrastructure, comprising an irrigation storage dam, pumps, central control system, pipelines, decoders, electrical wires and sprinkler heads. The irrigation system was first installed in 1982 and covers 16 hectares.

BVSC do not currently charge for any recycled water. Recycled water infrastructure assets, operations, chemicals, and pumping costs are paid for by general sewerage customers through residential and commercial fees and charges.

On 10 January 2022, the TBCC wrote to BVSC with a partnership and funding concept proposal for replacing their aged irrigation system. The total cost of the replacement in the proposal is $1,364,550, based on a quote from Toro Irrigation Australia. The proposal provides few details on the replacement components. The proposal states it is for a new system with improved operational control via an App, with sprinkler heads capable of throwing a curtain of water that would be helpful for community safety during a future bushfire emergency. The proposal also outlines the roles of the club, their community work during the 2019-20 bushfires and a safe zone concept. The TBCC proposal requests BVSC partner with the Club and match the $580,000 NSW Government grant, or a lesser degree of commitment to the overall project over this and future financial years.

Options

Option A: Support the project in-principal without providing sewer customer funds

W&SS consider it likely that the project would proceed on a smaller scale and address the most pressing problems with TBCC’s existing irrigation system if no funding was provided. As detailed in this report there is currently no budget allocation available and it is not included in existing long term financial modelling.

Option B: Provide $580,000 from the sewer fund to match the state grant

A budget revote would be required should Council accept the proposal for the requested full funding of $580,000. This amount would need to be allocated from the sewer fund.

The most recently adopted long-term financial plan (LTFP) was adopted by resolution on 3 November 2021 (scenario S3). The impact of a $0.6M grant this financial year, while maintaining the cash level to be the same as scenario S3, would be a delay to our planned price path by a about a year. In simple terms the full impact of this unplanned expenditure has not been modelled in detail.

Option C: Provide $172,000 from the sewer fund to match the $150,000 provided to Pambula-Merimbula Golf Club in 2015, inflated to 2022 dollars

Council resolved at its meeting on 1 July 2015 to allocate $150,000 from the Sewer Fund Reserve to Pambula-Merimbula Golf Club for a similar partnership proposal to upgrade their ageing recycled water irrigation system. This amount equated to about 10% of the total project cost. Again, it is noted this has not been forecast into financial models.

Option D: Provide $136,500 from the sewer fund to match the 10% project support provided to Pambula-Merimbula Golf Club in 2015

This option re-frames the dollar amount provided to Pambula-Merimbula golf club into a percent contribution for the project need. This is traditionally how grants are expressed for projects, rather than matching dollar values.

Either option B, C or option D, will have unplanned financial impacts.

Community and Stakeholder Engagement

BVSC representatives met with TBCC representatives on 18 November 2020 to discuss and renew the agreement for the supply and use of recycled water. At this meeting TBCC representatives raised some problems they were having with their existing irrigation system infrastructure. The agreement was signed in December 2020 for a period of 10 years.

TBCC representatives met with Council again on 2 November 2021 to discuss the TBCC’s strategic intentions for the golf course. It was indicated at this meeting that BVSC’s capacity to provide financial support is limited but that a proposal could be submitted for Council’s consideration.

Engagement undertaken

The initial round of community engagement on the broader local water utility activities in July 2021 received a lot of comments on the issue of recycled water. This shows a community interest in the issue, although much of the community was not aware that BVSC recycled water at all. The results also showed that most respondents indicated that BVSC were recycling ‘the right amount’, although many more indicated ‘too little’ than indicated ‘too much’.

We also observed a significant difference between those willing to pay more for recycled water. Only 35% of respondents of the recycled water question were also willing to pay more, while 45% were not. Overall staff do not feel the survey results are definitive especially due to the high number of comments indicating no knowledge of existing high reuse. The planned engagement will answer this question more accurately.

No community engagement has been undertaken by BVSC in respect to this proposal specifically or on the possibility of providing funding subsidies for private recycled water systems.

Engagement planned

The next round of customer engagement will have more detailed questions on willingness to pay for recycled water. The questions posed will be foregrounded with factual statements informing the respondent of what BVSC W&SS current activities are. This will include questions with slightly more depth around which recycled water activities our customers may be willing to pay for.

The recycled water strategy project’s engagement plan has not yet been written, but is likely to include a reference group, additional stakeholder consultation, and customer survey activities to gain a deep understanding of community and customer sentiment specifically about recycled water issues. For example, are our customers more or less willing to pay for activities related to either; private industry, not for profit community, public land, or offset of potable water.

No community engagement specifically for this Tura Beach proposal is planned.

Financial and Resource Considerations

There would be no significant increases in ongoing operational costs because the TBCC irrigation system is not a BVSC asset, and the BVSC recycled water assets have already been constructed and are sitting idle. Some operational and compliance time would be required by BVSC staff.

TBCC advise that a BVSC contribution towards the irrigation system would enable them to complete other important projects such as improving toilet amenities and emergency access. In other words, utilising council funds instead of club funds would support their financial position.

The sewer fund LTFP current adopted scenario is shown below. The modelled impact of providing the requested $580,000 is a delay in the modelled price reduction of one year. The price reduction in this scenario is expected to be around $200. Note that this is a model for comparative purposes and any price path would be over several years. This adopted scenario will also be likely to change as part of the strategic business plan and due to other council resolutions. It is also important to recognise the risk of making a single financial decision in isolation noting there are several other community groups that have approached Council about supporting recycled water schemes.

Legal /Policy

Sewerage system Environment Protection Licences (EPL), issued under the Protection of the Environment Operations Act 1997, permit recycled water supply and use with conditions, once a scheme has been approved under planning legislation. Recycled water supply from Tura Beach STP to TBCC for irrigation is approved in EPL 4367.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

BVSC supports recycled water use across the Shire. Clubs such as TBCC are partners in accepting and using recycled water that would otherwise be disposed.

Environment and Climate Change

A renewed irrigation system would improve the operational efficiency of the system. It is probable that a more reliable and improved control system would enable more than 25% recycled water to be used, especially in dry times. Recycled water use supports sustainability goals by significantly reducing the use of drinking water for irrigation purposes.

An additional benefit stressed in the TBCC proposal is that of providing protection in the event of a future bushfire. The selected equipment has more control over the distance and height of the water being projected by the sprinklers which can enable them to be used in a protective manner. It is noted however that this is not currently incorporated into any shire wide emergency management plans.

Economic

In 2019-20 BVSC had the highest sewer typical residential bill in Australia. Strategies to reduce this burden for the community are ongoing. Financially supporting TBCC will put additional pressure on the sewer bill.

The TBCC proposal outlines in general terms the economic benefits to the region from the club remaining viable. A key aspect to ongoing viability is an irrigation system for the golf course.

Risk

A modernised irrigation system with improved control capability would help to reduce exposure from spray drift and incidental contact. Fewer breakages and leaks would reduce staff contact and recycled water flowing to groundwater and water bodies.

There is a risk that budgeting for recycled water irrigation system assets not owned by BVSC will create an expectation from existing and potential future recycled water use partners that public funds are also available for their systems. W&SS understand that Bermagui and Eden Golf courses have aging irrigating systems that may require similar expenditure.

Social / Cultural

The TBCC provides recreational sporting, social and meeting facilities that enhance the physical, mental and social health of the local community and visitors to the Shire. The TBCC proposal stresses a key social benefit of improving the function and ability of the TBCC to provide emergency shelter and support in the event of a bushfire. A modernised recycled water irrigation system would help to maintain these social/cultural benefits.

Attachments

1 ⇩. Tura Beach Country Club funding Support Proposal

2 ⇩. Letter from Tura Beach Country Club to Anthony McMahon

Council 16 March 2022

Item 9.5

9.5. RFT 2122-053 InQuik Bridge Installations

This report details the outcome of the evaluation of Tender RFT 2122-053 InQuik Bridge Installations at various locations and the recommendations for Council consideration.

Director Assets and Operations

Officer’s Recommendation

1. That Council accept the recommendations in the confidential attachment relating to RFT 2122-053 InQuik Bridge Installations.

2. That Council reject all of the tenders in relation to contract for the works described in Tender RFT 2122-053 InQuik Bridge Installations, and delegate the Chief Executive Officer to enter into negotiations with the preferred Tenderer with a view to enter into contracts.

3. That authority be delegated to the Chief Executive Officer to execute all necessary documentation.

4. That all tenderers be advised of Council’s decision.

5. That Council formally write to Transport for NSW and State Ministers around the Fixing Country Bridges Program to advocate changes to the current funding deed which require each bridge to be managed as a separate project with funding not transferrable between individual projects. This requirement is having considerable financial implications and Council is seeking to be able to manage underspends and overspends at a program level.

Executive Summary

New South Wales State Government Funding was secured through the 2020/2021 Fixing Country Bridges Program. The Program provides funding for timber bridge replacements across regional and rural NSW.

Background

The NSW Government’s Fixing Country Bridges (FCB) program recognised that maintenance of ageing timber bridges across regional and rural NSW was a major burden for local Councils and ratepayers. The NSW government has promised to help Councils replace hundreds of those bridges with structures that are safer and more resilient to natural disasters like bushfire.

Council submitted grant applications to the FCB program and were successful in securing funding for 12 bridges with a Council co-contribution. Council has since entered into a funding deed with a deadline for delivery of May 2023.

As part of this state-wide funding program, Bega Valley Shire Council has entered into a Memorandum of Understanding (MOU) with Eurobodalla Shire Council, Queanbeyan-Palerang Regional Council, Shoalhaven City Council and Snowy Monaro Regional Council to facilitate collaboration and delivery of the projects, including procurement of modular elements.

Eurobodalla has been the lead for the tendering and procurement process for the bridging elements. InQuik Pty Ltd modular bridge system has been selected from the competitive tendering process to provide a propriety prefabricated bridging solution. This will form the basis of the delivery strategy for several of the projects in the program.

Council has since taken delivery of one of the InQuik bridges, which was installed by the BVSC Bridge Crew on Pericoe Road, west of Towamba. The bridges identified in this tender package are principle supplied items that were also procured under the MOU, for a contractor to install.

Public tenders for the installation of the InQuik bridges were invited via VendorPanel in January through to early February 2022. The tender documents were accessed by 90 potential tenderers, four attended the mandatory site meetings on 27 January 2022, with three providing submissions when the Tender period closed on 14 February 2022.

Tenders were assessed in accordance with Council procedures and for this particular project assessed on a 60% price to 40% non-price weighting. The non-price score was based on; proposed construction arrangements, experience completing similar projects, support of local business, support for indigenous business development/participation, project management plans and proposed construction program.

Options

1. Enter into negotiations

Accepting the recommendation will enable Council to enter the negotiation process, for Council to achieve the best value for money with an alternative proposal identified and preferred. The alternative submission presents a saving in both time and cost, which will greatly benefit the local community by minimising construction disruptions, whilst improving safety concerns and environmental impacts.

2. Accept the conforming tender

Council can accept the conforming tender. Although this option is still achievable, it does exceed the available grant funding, which represents an additional cost to Council as identified in the confidential attachment, along with an increased program in delivery.

Community and Stakeholder Engagement

Engagement undertaken

Key stakeholders such as transport companies, local industries, Bega Cheese and local residents have been contacted in regard to the projects, with letters of support received for the original Fixing Country Bridges grant submission.

Engagement planned

During the construction process, once a contractor has been engaged, they will confirm road closure dates and/or changes to the existing conditions and notify directly impacted parties. In conjunction with the contractor’s communications, BVSC will also provide updated media releases and social media posts detailing the types and lengths of traffic controls in place to the broader community.

Financial and Resource Considerations

The timber bridge replacements are funded by the New South Wales State Government 2020/2021 Fixing Country Bridges Program, with a co-contribution from Bega Valley Shire Council.

Item	$ Excl GST
Expenditure Detail
Wonboyn River Bridge, Wonboyn Road, Wonboyn	Confidential
Buckajo Creek Bridge, Buckajo Road, Buckajo	Confidential
Meringola Gully Bridge, Buckajo Road, Buckajo	Confidential
Johnston Creek Bridge, Garfields Road, Numbugga	Confidential
Total Expenditure	Refer to the Confidential Memorandum

Source of Funds
Approved Budget \| Bridges Capital Program	$315,000
Grant income \| NSW Government Fixing Country Bridges Program	$1,009,694.08
<reserve funds\|name of reserve
Total income available	$1,324,694.08

Total Project Capital Cost	Refer to the Confidential Memorandum
Total Available Construction Funding	$1,324,694.08
Project Funding Shortfall	Refer to the Confidential Memorandum

Financial Option Impacts | Life Cycle Costing

Ongoing Financial Impacts	$ Excl GST
Capital Investment \| Renewal, Upgrade, New	$2,196,000
Annual maintenance and operational costs	Nil
Depreciation costs	$5490/annum/bridge
User charges (annual income)	Nil

Legal /Policy

The tender process complied with the Local Government Act 1993 and Council procedures.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

The bridge replacements align with the Community Strategic Plan, Outcome 5: Connected Communities:

‘Goal 10: We have a network of good quality roads, footpaths and cycleways connecting communities throughout the Shire and beyond ‘

The project is externally funded by the New South Wales State Government, with a co-contribution from Bega Valley Shire Council.

Environment and Climate Change

The new bridges proposed under this tender package provide a new bridging structure which will replace the existing failing bridges that are at the end of their useful life. Some of the existing structures have suffered minor failings such as scouring, embankment stabilisation and abutment collapses in some situations. The new structures will eliminate the scouring and embankment issues currently experienced, preventing further sediment runoff into local water ways.

The new bridges under Australian Standard AS 5100 will have a useful design life of 100 years, along with the design of the bridge, there will be little to no maintenance required over the life of the bridge. By minimizing the maintenance required over the life of the bridge, Council is minimising the requirements for environmental disturbance, along with minimising the whole of life costs.

Economic

The Fixing Country Bridges grant funding program has provided a significant economic boost to Council’s capital bridge program. This significant contribution will enable the complete replacement of structures that have nearly reached the end of their useful life. As identified above, in relation to bridges identified for this package of works, the grant contributions account for 85% of the total cost for the bridge replacements. Council’s total contribution to this package typically would not be sufficient for one bridge renewal.

By proceeding with the tender package, Council is effectively eliminated four ageing timber/steel bridges from its ongoing bridge maintenance program, which frees up funds for other bridges that also need substantial works to be undertaken.

Risk

The new structures are compliant with the relevant Australian Standards with current loading capacities for traffic and hydraulic loads.

Currently some of these bridges identified are subjected to load limits and have suffered ongoing damages from multiple flood events over the recent years. The current structures present an ongoing risk to Council, as they require constant testing and monitoring to ensure the load limits are deemed acceptable and the structure is still capable of servicing the community. The risk to Council if they were to be left in their current condition, they continue to age and the conditions will continue to deteriorate to a point where the structures can no longer support the required loadings or fail during a disaster event.

Social / Cultural

The bridges identified in this package of work provide a key link between residential properties and major town centres, with alternate routes adding significant amount of time to the regular commute to work or school.

In the case of Wonboyn, the bridge is on the only way in and out of Wonboyn back to the Princes Highway.

Attachments

1. Confidential Memorandum to Councillors regarding Evaluation of Tender RFT 2122-053 InQuik Bridge Installations (Confidential - As this attachment contains commercial information of a confidential nature that would, if disclosed (i) prejudice the commercial position of the person who supplied it; or (ii) confer a commercial advantage on a competitor of the Council; or (iii) reveal a trade secret as per Section 10A(2)(d) of the Local Government Act 1993.

Council 16 March 2022

Item 9.6

9.6. Bega Valley Local Traffic Committee

This report recommends that Council adopt the recommendations of the Bega Valley Local Traffic Committee from the meeting held on 18 February 2022.

Director Assets and Operations

Officer’s Recommendation

That Council adopt the recommendations of the Bega Valley Local Traffic Committee minutes dated 18 February 2022 and tabled at the 16 March 2022 Council meeting.

1. ANZAC Day March & Service 25 April 2022 – Bega, Bemboka and Tathra

a. That the proposed traffic arrangements for the Bega RSL Sub Branch ANZAC Day March and Service in Bemboka be approved and deemed a Class 1 Special Event.

b. That the proposed traffic arrangements for the Bega RSL Sub Branch ANZAC Day Dawn Service, March and Service in Bega, ANZAC Day Dawn Service and March and Service in Tathra be approved and deemed a Class 2 Special Event.

c. That sections of Council roads at Gipps Street and Carp Street in Bega, Loftus Street in Bemboka, Bega Street and the Bega Street service road in Tathra be temporarily closed on Monday, 25 April 2022 for the Bega RSL Sub Branch ANZAC Day proceedings, as per the Traffic Guidance Schemes.

d. That the temporary closure of the Snowy Mountains Highway, Bemboka is solely for Transport for NSW determination.

e. Subject to approval of site specific TGS (Traffic Guidance Scheme), previously known as (TCP) Traffic Control Plan.

f. That the above event organise their own accredited Traffic Control Staff, in accordance with SafeWork NSW and TfNSW guidelines, to implement and manage the relevant TGS.

g. That the event organiser arranges the pick-up and drop off on any signage used through Council.

h. That event organisers apply to TfNSW for a Road Occupancy Licence (ROL) for the use of a State Road.

i. That the event operates strictly under the NSW Health Department COVID19 conditions.

j. That after the event, organisers are to clean up any rubbish or waste left behind.

Link to attachment 1: Bega Bemboka Tathra Anzac Day https://begavalley.nsw.gov.au/page.asp?f=RES-HOV-71-65-36

2. ANZAC Day March & Service 25 April 2022 – Candelo

a. That the proposed traffic arrangements for the Candelo RSL Sub Branch ANZAC Day Service on Monday, 25 April 2022 be approved and deemed a Class 2 special event.

b. That the section of William Street, Candelo between the intersections of Eden Street and Queen Street be temporarily closed on Monday, 25 April 2022 for the Candelo RSL Sub Branch ANZAC Day Service, in accordance with Traffic Control Plan

c. Subject to approval of site specific TGS (Traffic Guidance Scheme), previously known as (TCP) Traffic Control Plan.

d. That the above event organise their own accredited Traffic Control Staff, in accordance with SafeWork NSW and TfNSW guidelines, to implement and manage the relevant TGS.

e. That the event organiser arranges the pick-up and drop off on any signage used through Council.

f. That the event operates strictly under the NSW Health Department COVID19 conditions.

g. That after the event, organisers are to clean up any rubbish or waste left behind.

Link to attachment 2: Candelo Anzac Day https://begavalley.nsw.gov.au/page.asp?f=RES-SXE-15-00-71

3. ANZAC Day March & Service 25 April 2022 – Merimbula, Pambula and Wolumla

a. That the proposed traffic arrangements for the Merimbula RSL Sub Branch ANZAC Day Dawn Service, March and Service in Merimbula on Monday, 25 April 2022 be approved and deemed a Class 2 special event.

b. That the proposed traffic arrangements for the Merimbula RSL Sub Branch ANZAC Day March and Service in Pambula and Wolumla on Monday, 25 April 2022 be approved and deemed a Class 1 special event.

c. That sections of Main Street, Market Street and Beach Street, Merimbula and Quondolo Street (Princes Highway), Pambula and Scott and Bega Street in Wolumla be temporarily closed on Monday, 25 April 2022 for the Merimbula RSL Sub-Branch ANZAC Day Dawn Service, March and Service in Merimbula and March and Service in Pambula and Wolumla, in accordance with the Traffic Guidance Schemes.

d. That the temporary closure of the Princes Highway, Pambula is a matter solely for Transport for NSW Road Occupancy Licence determination.

e. Subject to approval of site specific TGS (Traffic Guidance Scheme), previously known as (TCP) Traffic Control Plan.

f. That the above event organise their own accredited Traffic Control Staff, in accordance with SafeWork NSW and TfNSW guidelines, to implement and manage the relevant TGS.

g. That the event organiser arranges the pick-up and drop off on any signage used through Council.

h. That event organisers apply to TfNSW for a Road Occupancy Licence (ROL) for the use of a State Road.

i. That the event operates strictly under the NSW Health Department COVID19 conditions.

j. That after the event, organisers are to clean up any rubbish or waste left behind.

Link to attachment 3: Merimbula Pambula Wolumla Anzac Day https://begavalley.nsw.gov.au/page.asp?f=RES-PHE-74-68-40

4. ANZAC Day March & Service 25 April 2022 – Cobargo

a. That the proposed traffic arrangements for the Cobargo RSL Sub Branch ANZAC Day March on Monday, 25 April 2022 be approved and deemed a Class 1 special event.

b. That sections of Cobargo Bermagui Road and Tarlinton Street, Cobargo be temporarily closed on Monday, 25 April 2022 for the Cobargo RSL Sub Branch ANZAC Day March, in accordance with Traffic Guidance Scheme.

c. That the temporary closure of the Princes Highway, Cobargo is solely for Transport for NSW Road Occupancy Licence determination.

d. Subject to approval of site specific TGS (Traffic Guidance Scheme), previously known as (TCP) Traffic Control Plan.

e. That the above event organise their own accredited Traffic Control Staff, in accordance with SafeWork NSW and TfNSW guidelines, to implement and manage the relevant TGS.

f. That the event organiser arranges the pick-up and drop off on any signage used through Council.

g. That event organisers apply to TfNSW for a Road Occupancy Licence (ROL) for the use of a State Road.

h. That the event operates strictly under the NSW Health Department COVID19 conditions.

i. That after the event, organisers are to clean up any rubbish or waste left behind.

Link to attachment 4: Cobargo Anzac Day https://begavalley.nsw.gov.au/page.asp?f=RES-UEK-16-00-72

5. ANZAC Day March & Service 25 April 2022 – Bermagui

a. That the proposed traffic arrangements for the Bermagui RSL Sub Branch ANZAC Day March on Monday, 25 April 2022 be approved and deemed a Class 2 special event.

b. That sections of Lamont Street from Wallaga Street to Pacific Drive, Bermagui be temporarily closed on Monday, 25 April 2022 for the Bermagui RSL Sub Branch ANZAC Day March.

c. Subject to approval of site specific TGS (Traffic Guidance Scheme), previously known as (TCP) Traffic Control Plan.

d. That the above event organise their own accredited Traffic Control Staff, in accordance with SafeWork NSW and TfNSW guidelines, to implement and manage the relevant TGS.

e. That the event organiser arranges the pick-up and drop off on any signage used through Council.

f. That the event operates strictly under the NSW Health Department COVID19 conditions.

g. That after the event, organisers are to clean up any rubbish or waste left behind.

Link to attachment 5: Bermagui Anzac Day https://begavalley.nsw.gov.au/page.asp?f=RES-KZI-62-56-37

6. ANZAC Day March & Service 25 April 2022 – Eden

a. That the proposed traffic arrangements for the Eden RSL Sub Branch ANZAC Day March on Monday, 25 April 2022 be approved and deemed a Class 2 Special Event.

b. That sections of Chandos Street, Imlay Street, Bass Street and Calle Calle Street, Eden be temporarily closed on Monday, 25 April 2022 for the Eden Sub Branch ANZAC Day March, in accordance with the Traffic Guidance Scheme.

c. Subject to approval of site specific TGS (Traffic Guidance Scheme), previously known as (TCP) Traffic Control Plan.

d. That the above event organise their own accredited Traffic Control Staff, in accordance with SafeWork NSW and TfNSW guidelines, to implement and manage the relevant TGS.

e. That the event organiser arranges the pick-up and drop off on any signage used through Council.

f. That the event operates strictly under the NSW Health Department COVID19 conditions.

g. That after the event, organisers are to clean up any rubbish or waste left behind.

Link to attachment 6: Eden Anzac Day https://begavalley.nsw.gov.au/page.asp?f=RES-OTD-04-87-60

7. Replacing ‘No entry’ signs with ‘Park in Bays Only’ – Littleton Gardens, Bega

Council approve the installation of “Park in Bays Only” signage at the northern end of the Zingel Place/Littleton Gardens carpark. Include appropriate line marking for Loading Zone and Parking.

Media Release to explain why council are implementing this.

8. Bishops Lane Bega – Request to move 1 hour parking sign

That Council staff representative is to report back to the next meeting of the LTC with further considerations for this and other similar sites, to allow for a consistent approach and any recommendations for council consideration.

9. New Clause in all Approval Recommendations

The members of the LTC have recommended the following clause be added to all special event approvals moving forward:

“That, as a prerequisite of road closures, the event organisers must notify all, local and interstate bus services along with local taxi services and other affected stakeholders of alternative routes including pick-up/drop-off points and point to point transport”

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 Transport for NSW (TfNSW) 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.

Background

A lengthy discussion was conducted regarding the current issues with Anzac Day ceremonies with further planning and consultation required for future events which should commence at the earliest opportunity. This subject will remain on the Local Traffic Committee Agenda until actioned.

ANZAC Day March & Service 25 April 2022 – Bega, Bemboka and Tathra

A submission has been received for the 2022 ANZAC Day Services in the following locations:

· Bega Dawn Service: 5.30am Assemble at Mitre 10 Auckland Street Bega – March to Carp Street Bega Memorial.

· Bega: 10.30am Assemble at Gipps Street Bega – March down Carp Street to Bega Memorial

· Bemboka: 10.30am Assemble – Opposite Hobbs Store Loftus Street Bemboka – March to Bemboka Memorial.

· Tathra Dawn Service: 5.50am Assemble at Memorial for Dawn Service

· Tathra: 7.45am Assemble at Anglican Church Bega Street, Tathra – March to Tathra Memorial.

ANZAC Day March & Service 25 April 2022 - Candelo

A submission has been received from Candelo RSL Sub Branch for the 2022 ANZAC Day Service only. The setup will start at 10.00am and Service will commence at 11.00am at the War Memorial, concluding at 12.00pm.

ANZAC Day March & Service 25 April 2022 – Merimbula, Pambula and Wolumla

A submission has been received from Merimbula RSL Sub Branch for the 2022 ANZAC Day Dawn Service in Merimbula and the main March and Service in Merimbula and Pambula.

· Merimbula: The Merimbula Dawn Service will be held between 5.30am and 7.00am and will require the closure of Beach Street, Merimbula between the intersections of Alice Street and Main Street from 5.30am to 7.30am.

The Merimbula March will assemble at the Merimbula RSL Club at 10.40am and proceed at 11.00am along Main Street, Market Street and Beach Street concluding with a Service at the War Memorial. The closure of Main Street and Market Street, Merimbula will be required for the duration of the March only, while Beach Street will be closed between the Alice Street and Main Street intersections from 10.30am to 12.15pm for the Service.

· Pambula: The Pambula March will assemble on Quondolo Street (front of supermarket) (Princes Highway), Pambula from 8.40am and proceed at 9.00am to the Memorial (opposite PO) for the Service. The March and Service will require the closure of Quondolo Street, between the Toalla Street and Bullara Street intersections, from 8.30am to 10.15am. Princes Highway traffic will be diverted to Merimbola Street.

· Wolumla: Service will be held between 8.00am and 10.00am. Assemble at Wolumla Hall – March from Wolumla Hall along Bega Street to the Wolumla Memorial.

ANZAC Day March & Service 25 April 2022 – Cobargo

A submission has been received for the 2022 ANZAC Day Service in Cobargo. The March will commence at approximately 10.15am from the Cobargo School of Arts and travel along Cobargo Bermagui Road, Princes Highway and Tarlinton Street, Cobargo to the Memorial. The Service will be held off street, on private property.

ANZAC Day March & Service 25 April 2022 – Bermagui

A submission has been received for the 2022 ANZAC Day Service in Bermagui. The March will be held at approximately 10.30am – 11.45am from the Pharmacy in Lamont Street to the Memorial opposite the caravan park. The Service will be held off street.

ANZAC Day March & Service 25 April 2022 – Eden

The submission will be for the 2022 ANZAC Day Service and March in Eden. The participants will assemble from 9.30am, with the March to proceed 10.00am along Imlay Street to the cenotaph at Bass Street and along Calle Calle Street, Eden.

Replacing ‘No entry’ signs with ‘Park in Bays Only’ – Littleton Gardens, Bega

Council’s Coordinator of Ranger Services has requested the Local Traffic Committee review and update the existing signage at the approach to the back of shops area in Zingel Place/Littleton Gardens carpark.

The request cites the current signage is no longer conforming with current Road Rules and request the existing “No Entry” signage to be replaced with “Park in Bays Only” signage. There are designated motorcycle parking bays along with a Loading Zone beyond this northern point of the carpark. It is proposed to designate (by line marking) the extremities of the Loading Zone (2.5 metres wide) and relocate away from the back wall of the existing buildings giving clear access by the width of the existing concrete footpath, 1.6 metres wide, as can be seen in the below photos.

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Bishops Lane, Bega – Request to move 1 hour Parking sign

Council has received the following request:

“Bishops Lane runs parallel to Carp street and provides access to my business. It should be noted that the lane is one way from Church Street.

On occasions I have discovered the lane is blocked by a parked vehicle because it looks like it is a legitimate parking spot. The signage is located AFTER the lane entrance and allows 1 hour parking including the lane entrance and towards Bega Street.

Would the council please revise the location of the sign - possible moving it other kerb, closer to the Thai restaurant BEFORE the lane's entrance, to prevent confusion and granting full access to Bishops Lane anytime. “

New Clause in all Approval Recommendations

The members of the Local Traffic Committee have recommended the following clause be added to all special event approvals moving forward:

Options

It is recommended that Council endorse the Officer Recommendations so Anzac Services can proceed as scheduled.

Community and Stakeholder Engagement

There has been no Community and Stakeholder Engagement associated with this report.

Engagement undertaken

There has been no Engagement Undertaken associated with this report.

Engagement planned

There is no Engagement planned associated with this report.

Financial and Resource Considerations

There are no Financial and Resource considerations associated with 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 Alignments 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

Council 16 March 2022

Item 10.1

10.1. Half Yearly Report on Implementation of Council's Operational Plan 2021-22

This half yearly review provides Council with a status update on the adopted 2021-22 Operational Plan.

Director Business & Governance

Officer’s Recommendation

Note the progress of the 2021-22 Operational Plan implementation from 1 July 2021 to 31 December 2021 and place Attachment 1 and 2 of this report on Council’s website.

Executive Summary

As at 31 December 2021, 83 percent of the 2021-22 Operational Plan activities are reported as being on track to be delivered by 30 June 2021 or, have been completed. Twelve percent of activities are identified as off track with a further 5 percent of activities listed as withdrawn.

Background

The purpose of the Operational Plan half yearly review is to track progress of activities outlined in Council’s adopted Operational Plan. This review seeks to assess the achievability of the Operational Plan and enable forecasting of potential areas of delay or resourcing issues. A break-down of progress by Directorate is provided in Figure 1.

A detailed update of Operational Plan activity status and achievements organised by Community Strategic Plan outcomes is provided in Attachment 1.

Figure 1.

In the 2021-22 Operational Plan there were a range of Operational Plan Service Measures that were outlined for each Service Area. An example of how these service measures have been documented can be seen below from the Aquatics and Leisure Facilities team.

All of the corporate measures are recorded for analysis and reporting purposes. Provided at Attachment 2 are several highlights from the corporate measures captured for the July-December 2021 period.

Options

There are no options presented for this receive and note report on the Operational Plan progress update.

Community and Stakeholder Engagement

Development of the Operational Plan and budget each year includes regular community engagement. Reporting at six monthly intervals provides accountability towards achieving the plan.

Publishing the report supports information being made available to the public regarding progress. The Business and Governance team utilise support from the communications team to develop rolling media coverage of IPR reporting across all platforms and social media posts on Council’s Facebook.

It is recommended that this report be read in conjunction with the December Quarterly Budget Review Statement (FY2022 Q2).

Engagement undertaken

Hardcopies of our Integrated Planning and Reporting documents are available to view at Council’s Bega office as well as Council’s Libraries. All adopted documents can be found on Council’s website.

Engagement planned

Attachment 1 and 2 from this report is recommended to be published and available on Council’s website.

Financial and Resource Considerations

The detail of Council’s financial position as at 31 December 2021 was outlined in the December Quarterly Budget Review Statement adopted at the February 2022 Council meeting.

Fulfilling the requirements of Integrated Planning and Reporting Framework outlined in the Local Government Act 1993, is delivered as an operational function within the Business and Governance directorate.

Legal /Policy

Chapter 13 of the Local Government Act 1993 requires Council to report half yearly on the status of the Operational Plan.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

The 2021-22 Operational Plan was developed to align with the adopted Community Strategic Plan, Delivery Program, Resourcing Strategy and Long-Term Financial Plan. The following is a list of some of the highlights for the period.

- The Community Connectors Bushfire Recovery project commenced in October 2021

- The Youth Speak Resilience Project commenced in October 2021 with the appointment of a Youth Resilience Officer

- Works commenced on the Regional Gallery upgrade

- Key leisure and recreation projects progressing including Bermagui Outdoor Courts, Eden Inclusive Playspace, Eden Skate Park, boat ramp renewals at Pambula Lake and Bermagui Harbour

- Coastal Management Scoping study drafted

- Draft Affordable Housing Strategy developed

- Local Government elections completed and End of Term report presented to outgoing Council

- FOGO for business being rolled out across the Bega Valley

- Feasibility study for the Yellow Pinch Dam Water Treatment Plant has been completed

Detailed reporting on all the Operational Plan activities is provided in Attachment 1.

The projects that have been identified as withdrawn are no longer able to be completed in this financial year. Many of the withdrawn activities are a result of resourcing challenges or broader operational decisions to delay works. Activities listed as off track are likely not to be completed in this Operational Plan year.

Both the withdrawn and off-track activities will need to be rolled forward into the 2022-23 Operational Plan or reconsidered for viability.

Environment and Climate Change

Economic

Council and its expenditure have a significant economic impact on the Bega Valley. The preparation and publishing on our progress towards the implementation of the annual Operational Plan provides a line of sight between funding (budget) and delivery (operational plan actions) informing our community on Council’s contribution and commitment as a provider of a variety of public services.

Risk

Preparation of this Operational Plan progress update has not identified any significant strategic risks associated with delivery of our programs, projects and services. Operational risks that have the potential to impact delivery of our Operational Plan actions are managed by the leadership group and considered at weekly and monthly meetings, including appropriate risk mitigation and management actions.

Social / Cultural

The receive and note recommendation of this Operational Plan progress report does not have any negative social or cultural impacts. Associated funding and adjustments to the budget for delivery of our various services are reflected in the notes provided by responsible officers.

Attachments

1 ⇩. Attachment 1 Operational Plan Progress Report July-Dec 2021

2 ⇩. Attachment 2 Corporate Measures July-Dec 2021

Council 16 March 2022

Item 10.2

10.2. Certificate of Investment January 2022

This report details Council’s cash and investments at the end of January 2022.

Director Business & Governance

Officer’s Recommendation

1. That Council receive and note the report on Council’s investment position as at 31 January 2022.

2. That Council notes the certification of the Responsible Accounting Officer.

Executive Summary

I, Judy Jordan, as the Responsible Accounting Officer of Bega Valley Shire Council (BVSC), hereby certify the investments listed in the attached reports have been made in accordance with Section 625 of the Local Government Act 1993 (the LG Act), clause 212 of the Local Government (General) Regulation 2005. Council’s Investments are in accordance with Councils credit compliance requirements but does not meet Councils counterparty requirements. Council has over 80% of investments with Commonwealth Bank at the end January, this percentage has decreased to below 40% at the time of preparing this report.

All investments have been appropriately recorded in Council’s financial records and reconciled monthly.

Interest income since 1 July 2021 is $61,823. This is 27% of the projected income budgeted.

Background

The Local Government Act 1993 and Local Government Regulation 2021 require that the Responsible Accounting Officer must present to Council monthly, the status of the investments held by Council. The Responsible Accounting Officer must detail the investments held, and their compliance with both internal policy and external regulation under the Ministerial Order of Investments. Council has over 80% of investments with Commonwealth Bank at the end January, this percentage has decreased to below 40%.

Options

This is a receive and note report and does not require consideration of options for decision.

Community and Stakeholder Engagement

Engagement undertaken

There is no community or stakeholder engagement associated with the recommendation of this report.

Engagement planned

The investment details of Council are published in Council Business Papers and are publicly available at Council offices and on Council’s website.

Financial and Resource Considerations

A list of Councils cash and investments held at 31 January 2022 is detailed below.

Year to date interest Income	$61,823
Budgeted Interest for 2021/22 financial year	$232,437
Percentage of the 2021/22 budget received	27%

Council’s income is low in comparison to the budget at this time. With planned improvements due to diversification in the investment portfolio we expect to achieve at least the budget result, a further review will be completed in conjunction with Councils March Quarterly Budget review Statement (QBRS).

It is worth noting both T-Corp Strategic Cash Fund and T-Corp Cash Fund had a negative result in September and October 2021 which has significantly reduced Council’s investment income. In January 2022, both T-Corp Strategic Cash Fund and T-Corp Cash Fund have again had a negative result. To address the loss in the T-Corp investments, the investments have been reduced significantly.

Council is trialling a platform called Imperium Markets to assist in conducting, managing and reporting on council’s investments. This provides a more automated process of sourcing quotes and investing monies and is allowing Council to better address counter-party risk.

Council’s current investments continue to exceed the RBA 3-month deposit average for January 2022 of 0.05%.

Table 1: Investments by Fund $’000
Fund	November-2021	December-2021	January-2022
General Fund	38,191	39,170	38,408
Water Fund	23,106	22,987	24,590
Sewer Fund	41,555	41,288	41,294
TOTAL	102,852	103,445	104,292

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

Included in the General Fund investments are amounts that are externally restricted for specific purposes, i.e. contributions and unspent grants. In addition, there are amounts that are internally restricted by Council.

The following table provides details of all funds by restrictions:

Source of Funds	Value
Total Cash and Investments	$104,291,583
External Restrictions **	$53,520,880
Internal Restrictions **	$6,604,151
Unrestricted funds	$44,166,552

** The table above reflects the expected 30 June 2022 level of restrictions reported in the December QBRS report. The QBRS was included in the business paper for the Ordinary Meeting of Council on 9 February 2022 and subsequently adopted.

The value of outstanding Government Grant Debtors on 31 January 2022 is $6,502,144.35.

Legal /Policy

Section 625 of the Local Government Act determines money may only be invested in a type of investment authorised by Order of the Minister for Local Government and published in the Local Government Gazette. The current Ministerial Order of Investment was published 17 February 2011.

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

The report must also include a Certificate as to whether the investments have been made in accordance with the LG Act, the Regulations and the Council’s Investment Policy.

Council has an Investment Policy, policy number 6.07. This Policy is reviewed every four years by Council and annually by Council officers.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

This report is provided in accordance with Council’s Community Strategic Plan (CSP), Delivery Program (DP) and Operational Plan (OP).

6: Strong, Consultative Leadership

6.12: Our Council is financially sustainable, and services and facilities meet community need

6.12.5: Improve the provision of corporate financial services

Environment and Climate Change

Council considers the importance of environmental, social and governance factors in investment decision making.

Economic

Council’s investment policy objective is to maximise returns by investing with the most favourable rate of return. Performance of investments are reported monthly, quarterly and annually. Council is working to diversify funds as interest rates become more competitive across financial institutions.

Risk

Council policies have strict guidelines to reduce Council’s risk to capital. The following graphs provide visual representation of Councils compliance to these measures.

The policy details management of risk. This includes our investments are made with regard to key criteria including “diversification – setting limits to the amounts invested with a particular financial institution or government authority to reduce credit risk”. This report shows that we are non-compliant with the policy in diversification of short-term investments however, it is noted that the short-term investments have been made in accordance with an alternative risk management approach, that is prevention of loss. In summary, the non-compliance reflects that if the short-term investments were diversified it would have resulted in a financial loss through the value of interest revenue.

Legend - Compliant Non Compliant

Other legal instruments, such as the Ministerial Order referenced above, are used to mitigate financial risk.

Social / Cultural

Maximising performance of returns enables the organisation to leverage additional funding received as a result of investments and use these towards community projects, programs and services.

Attachments

Nil

Council 16 March 2022

Item 10.3

10.3. Review of Councillor misconduct framework

This report proposes that Council make a submission to the Office of Local Government (OLG) on the consultation paper regarding councillor conduct and accountability in NSW Local Government.

Director Business & Governance

Officer’s Recommendation

1. That Council resolve to make a submission on the Office of Local Government’s Councillor conduct accountability in NSW local government consultation paper.

2. That Council delegate the responsibility of making the submission to the Acting Chief Executive Officer (CEO).3. That Council note individuals can make their own submissions during this consultation period.

Executive Summary

The former Minister of Local Government, the Hon. Shelley Hancock MP, commissioned an independent review of the processes and procedures regarding allegations of councillor misconduct. The Office of Local Government (OLG) have released a consultation paper and are seeking submissions from various stakeholders to identify practical improvements that can be implemented to make managing misconduct in local government more efficient and effective.

It is recommended that council make a submission on the consultation paper and that council delegate the responsibility for the submission to the acting Chief Executive Officer (CEO).

Background

In November 2021, the former Minister of Local Government, the Hon. Shelley Hancock MP, commissioned an independent review of the processes and procedures for dealing with allegations of councillor misconduct.

The purpose of the review is to examine the current administrative framework for managing complaints alleging councillor misconduct and to identify potential areas of improvement within the framework.

The Office of Local Government (OLG) has prepared the attached consultation paper to help provide an understanding of the current framework, to invite submissions that identify areas of improvement, and to enable practical application of improvements to be made.

All stakeholders are invited to respond to the consultation paper including members of the public, ratepayers, councils, joint organisations, individual councillors, and staff. Conduct reviewers, professional representatives and local government industry stakeholders are also invited to make a submission.

Submissions close on 28 March 2022.

Submissions will be collated and considered by an independent consultant, who will author the final report which will include options for improvement.

The current framework appears to provide relatively limited disincentive towards Councillor misconduct, is often costly to administer relative to final outcomes and places General Managers in a position of conflict.

It is proposed that a draft submission will eb circulated to Councillor’s for input prior to final submission.

Options

Council may elect not to make a submission to the review.

Community and Stakeholder Engagement

Engagement undertaken

The Office of Local Government has offered for submissions to the consultation paper to be made by any member of the public.

Submissions can be made in writing to Locked Bag 3015, Nowra, NSW, 2541, or via electronic mail olg@olg.nsw.gov.au

More information about the consultation paper and the review of the misconduct framework can be obtained via the OLG website.

Engagement planned

A draft submission to the review will be circulated to Councillor’s for their final input prior to submission.

Financial and Resource Considerations

There are no financial and resource considerations being presented as part of this report.

Legal /Policy

There are no specific legislative or regulatory considerations that require consideration with regard to this business paper. Making a submission to the Office of Local Government in this instance is not a legal requirement. However, adopting a Code of Conduct and how it is administered is governed by Section 440 of the Local Government Act 1993.

Council manages all Code of Conduct complaints in accordance with the prescribed administration procedures.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

The making of a submission on the OLG’s councillor conduct accountability in NSW local government consultation paper will contribute the achievement of actions within Council’s delivery and operational plan, including:

· 6.11.4 Conduct day-to-day management of Council.

· 6.11.5 Support councillors and ensure open and effective local government in our shire.

· 6.11.8 Develop and implement good governance systems.

Environment and Climate Change

There are no environment and climate change considerations associated with this report.

Economic

There are no economic considerations associated with this report.

Risk

This report and its recommendations do not require the completion of a risk assessment to mitigate identified risks.

Social / Cultural

A submission to the Office of Local Government concerning the councillor conduct accountability in NSW local government consultation paper will not have any social or cultural implications.

Attachments

1 ⇩. OLG Code of Conduct Consultation Paper

Council 16 March 2022

Item 12.3

10.4. Register of Delegations Part 1 - Delegations from Council to CEO, Mayor and Committees

This report seeks Councils approval of the Register of Delegations to the Mayor, Chief Executive Officer and Committees.

Director Business & Governance

Officer’s Recommendation

That Council adopt the Register of Delegations to the Mayor, Chief Executive Officer and Committees attached to the report.

Executive Summary

The review and maintenance of Council’s Register of Delegations is an important administrative instrument of Council. The Delegations are contained in two parts, Part 1 contains the delegations to the Mayor, Chief Executive Officer (CEO) and Committees. Part 2 is the sub-delegations from the Chief Executive Officer to responsible officers. Review of this instrument is incorporated in Council’s Document Control Register and is guided by the requirements of the Local Government Act 1993.

Council last considered the delegations to the CEO on 18 August 2021 and they were subsequently adopted. Prior to this, Part 1 of the document was last adopted by Council on 8 April 2020 to reflect amendments relating to operational requirements during the pandemic.

This is a procedural review of the Delegations in accordance with the Local Government Act. The register presented with this report seeks to improve the instrument through simplification. It has been reviewed and prepared in accordance with best practice from other Councils and independent legal advice.

Background

To meet the requirements of Section 377 of the Local Government Act (1993) (the Act), Council’s Register of Delegations - Part 1 includes delegations to the following individuals/parties:

i. The Mayor

ii. The Chief Executive Officer

iii. Committees

Part 1 sets out the general powers of the Council to delegate in accordance with the Act. A review has been completed and the amended Register of Delegations - Part 1, relating to delegations to CEO, is attached to this report seeking adoption. Once considered and adopted by Council, the Register of Delegations - Part 1 will be made available on Council’s website.

The current review of Part 1 of the Delegations aligns with information provided through Council’s legal delegations subscription. This subscription commenced in July 2021 and provides Council with a bi-annual update to any legislative amendments that affect delegations.

Part 2 sets out the delegations to staff from the CEO is reviewed on a regular basis to align it with the organisation structure and reflect changes in legislative requirements and Council policies. Part 2 is approved by the CEO.

Options

Council could resolve to make further updates to Register of Delegations Part 1 (attachment 1)

Adopting Register of Delegations Part 1 - Delegations from Council to CEO, Mayor and Committees (attachment 1) is the recommended action.

Community and Stakeholder Engagement

Engagement undertaken

Adoption of Council’s Delegation to the Mayor, CEO and committees of Council is required under Section 377 of the Local Government Act 1993. Council’s Delegations Part 1 and Part 2 do not require community consultation.

Copies of Council’s Delegations Part 1 and the CEO’s Delegations Part 2 – Delegations to Staff are available on Council’s website.

A review of other Delegation Registers from other NSW Councils and legal advice was undertaken.

Engagement planned

Financial and Resource Considerations

Management of Council’s Delegations is included in Council’s adopted budget and forms part of the core services of Council’s Governance team, senior staff and managers.

Legal /Policy

Register of Delegations – Part 1 (Attachment 1), has been reviewed by Lawyer (Kell Moore) who provided recommendations that has informed the updates made to the document.

The Director Business and Governance is responsible for the internal review of the Register of Delegations and updating with any necessary changes (relating to staff positional changes, legislative or other types of changes), or following a general election of Council.

To facilitate the maintenance and review of the Register of Delegations, the document is included in Council’s Document Control Register. The register records details such as creation date, version number, review date and responsible personnel.

Councils automated system (Pulse Delegations) has been implemented to assist with delegation management. A subscription to a legal service provides necessary updates on delegations.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

Review of Council’s Delegations aligns with the following Operational Plan and Delivery Plan Goals:

Outcome 6: Strong ad Consultative Leadership

Delivery Program: 6.11.8 - Develop and implement good governance systems:

Operational Plan: 6.11.8.2 - Transition to cloud-based platform to manage delegations, policies and procedures.

Environment and Climate Change

There are no direct environment and climate change impacts relating to this report.

Economic

There are no direct economic impacts as a result of the recommendations of this report.

Risk

Council’s Delegations Part 1 and Part 2 (Delegations to Staff) should align with current legislation to ensure any decisions made by Council and staff are legal and facilitate staff being able to effectively undertake the requirements of their position descriptions.

Social / Cultural

There are no direct social or cultural impacts related to the recommendations of the report.

Attachments

1 ⇩. DRAFT Register of Delegations Part 1 - Delegations from Council to CEO, Mayor and Committees

Council 16 March 2022

Item 10.5

10.5. Opportunity for adjustment to the 2022-23 rate peg

The Office of Local Government and IPART have established a one-off process to allow Council’s to apply for an ‘Additional Special Variation’ for the 2022-23 financial year.

Director Business & Governance

Officer’s Recommendation

That Council:

1. Resolve the CEO makes an immediate application under the Additional Special Variation (ASV) one-off process for the 2022-23 financial year to ensure the percentage increase in rating revenue is 2.5%, applied permanently to the rate base as specified in the modelling and adopted in the Long Term Financial Plan.

2. Receive a further report from the CEO once an application determination has been received from IPART.

3. Participate in the IPART review of the rate peg methodology, including the Local Government Cost Index and advocate for further analysis into the new population growth component.

4. Support the preparation of the next suite of Integrated Planning and Reporting on the assumption that the 2.5% increase will be approved.

Executive Summary

The Office of Local Government issued Circular 22-03 (Attachment 1) on 7 March 2022 advising that the Independent Pricing and Regulatory Tribunal (IPART) will accept and process an additional round of 2022-23 special variation applications (ASV) from Councils. In essence this process allows Council to apply for a variation to the rate-peg determination of 0.7% for FY2022-23 to be commensurate with the 2.5% increase modelled in our adopted Long Term Financial Plan (LTFP) for FY2022-23.

The timing associated with the process as outlined in the circular is as follows:

- IPART will accept applications until 29 April 2022;

- IPART will publish applications to enable community consultation for a period of at least three weeks; and

- IPART will notify councils of its decision no later than 21 June 2022.

The recommendation is seeking an immediate application with the expectation that the sooner the application is received by IPART the sooner it can be processed and a determination considered by Council.

Given the above timing for the ASV process and the program associated with the preparation of the next suite of Integrated Planning and Reporting documents (currently intended to be on public exhibition from 4 May) along with the unknown timeline for IPART to process and make a determination it is recommended that an assumption be made that the 2.5% increase will be approved for the purpose of preparing the 2022-23 budget and resourcing strategy, including the revised Long Term Financial Plan.

Background

This is the first financial year that the rate peg is made up of two components- the traditional cost component and the new population growth component, which is understood to be the reason for the delay of the rate peg announcement. The rate peg is typically provided in September or October each year allowing Councils the chance to consider if a special rate variation (SRV) application would be required.

On the 13 December 2021 IPART advised that the traditional cost component of the rate peg for 2022-23 would be 0.7%. For Bega Valley Shire Council, IPART modelling for the population growth factor was negligible providing no further increase to the 0.7% traditional cost component (see link to IPART website for further detail). This is the lowest rate peg in two decades and less than half the previous record low of 1.5%, applied in 2017/18.

Council’s Long Term Financial Plan adopted on 12 May 2021 (Attachment 2) had modelled the assumption based on previous years rate peg amounts with an increase of 2.5% retained across the life of the plan. Set out below is the rate peg applied over the past 10 years.

It was devastating news for councils already struggling with financial sustainability issues in the wake of drought, bushfire, floods and the COVID-19 pandemic. There was significant advocacy across the Local Government sector with the Minister for Local Government and relevant State Government agencies. This ASV process is a positive outcome from that advocacy. Perhaps more importantly it is the commitment by IPART, as advised in the circular, to undertake a broader review of its rate peg methodology. Considering the Local Government Cost Index in the review is expected to shape rate peg determinations for future years.

It is also recommended that the broader review by IPART should also include further analysis on the new growth rate formula that uses reflective population data, which boosted the rate cap for some councils in recognition of rising populations. It is noted that 78 of the state’s 128 councils miss out. For Bega Valley a 0.0% population factor was determined for 2022-23 which clearly does not adequately consider the current regional relocation pressures as result of Covid.

In summary, it is recommended that an immediate application under the one-off Additional Special Variation (ASV) be applied for to make up the difference between the 0.7% rate peg that IPART advised in December 2021 on the basis that a 2.5% increase was modelled in our 2021-22 Integrated Planning and Reporting (IP&R) documents.

Options

There are two options for consideration. As per the recommendation, Council should immediately apply for the ASV and seek the gap in the advised rate peg of 0.7% to our modelled figure of 2.5%. The other option is not to apply for the ASV and maintain a 0.7% increase only. It is important if supporting this option that Councillors note that the annual application of a rate peg has much longer-term cumulative impacts on Council’s Long Term Financial Plan. Should Council not seek to apply for the ASV this will have long-term impacts on Council operations and will see the need for a reduction in services.

Community and Stakeholder Engagement

Engagement undertaken

As advised in the Circular the community engagement expectations associated with this application are underpinned by the consultation that was undertaken in developing and adopting the current IP&R suite of documents.

Engagement planned

The timeline provided in the circular allows for IPART to publish applications received for a minimum 3 week period to enable community consultation. Council will ensure communication regarding this process is included in the broader messaging to the community regarding the exhibition and adoption of the 2022-23 IP&R suite of documents.

Financial and Resource Considerations

The BVSC Long Term Financial Plan currently forecasts a rate peg of 2.5% for FY2022-23 estimated to generate additional revenue of $509,000. A 0.7% rate peg will only generate $187,500. Therefore, the projected revenue in FY2023 budget will be reduced by $321,500.

Applying for the ASV will ensure Council can secure that additional revenue as was forecast in the LTFP. It is important to note however that Council continues to face other financial constraints including increases in the Emergency Services Levy, significant increases in insurance, fuel, electricity and materials costs along with reduced fees and charges revenue through Covid impacts. Should the ASV determination be successful the inclusion of this revenue will likely still result in a deficit operating position.

Legal /Policy

The ASV process would be administered by IPART under section 508(2) of the Local Government Act 1993 (the Act).

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

Community Strategic Plan 2040

OUTCOME 6: Strong Consultative Leadership

GOAL 12: We are financially sustainable, and services and facilities meet community need

Environment and Climate Change

Nil impacts directly to environment and climate change as a result of presenting this report.

Economic

The Office of Local Government and IPART have acknowledged that, due to the delayed council elections and the later than normal determination of the 2022-23 rate peg (December 2021) at a lower rate than councils had forecast, many Councils would not have sufficient funds to pay for required infrastructure and services. As outlined earlier in this report this would have significant immediate and long-term financial and economic impacts for the Bega Valley community.

Risk

The most significant risk in not supporting the recommendation provided in this report is Council’s financial sustainability and capacity to deliver services to our community. Ongoing cost escalations outside of our control and reduced revenue opportunities through an unrealistic rate peg of 0.7% significantly impacts on the annual and long-term operating position of Council.

Social / Cultural

There are no immediate social and cultural impacts as a result of the recommendations presented in this report.

Attachments

1 ⇩. Circular 22-03 - Guidelines for Additional Special Variation (ASV) Process for 2022-23

2 ⇩. Long Term Financial Plan 2022-2031_ADOPTED_12 May 2021

Council	16 March 2022
*Item 8.1 - Attachment 1*	Draft Standard Instrument (Local Environmental Plans) Amendment (Agritourism) Order 2021

Council	16 March 2022
*Item 8.2 - Attachment 1*	Additional land uses that are proposed to be permitted with consent

Council	16 March 2022
*Item 8.2 - Attachment 2*	Recommended exceptions to DPE’s translation of the Employment Zones Reform to BVLEP 2013

Council	16 March 2022
*Item 8.3 - Attachment 1*	Draft Memorandum of Understanding - Bega Valley Shire Council and Bega Littleton Citizens Exchange Group

Council	16 March 2022
*Item 9.1 - Attachment 1*	Council Action Report No 11.7 Bridges Funding 2021.03.10

Ordinary

Meeting Notice and Agenda

To:

Copy:

Live Streaming of Council Meetings

Publishing of Agendas And Minutes

Ethical Decision Making and Conflicts of Interest

A guiding checklist for Councillors, officers and community committees

Ethical decision making

Conflict of interest

The test for conflict of interest

Identifying problems

Local Government Act 1993 and Model Code of Conduct

Agency advice

Disclosure of pecuniary interests / non-pecuniary interests

Agenda

Statement of Commencement of Live Streaming

Acknowledgement of Traditional Owners of Bega Valley Shire

1 Apologies and requests for leave of absence

2 Confirmation Of Minutes

3 Declarations

4 Public Forum – report by Mayor of deputations heard prior to the meeting

5 Petitions

6 Mayoral Minutes

7 Urgent Business

8 Staff Reports – Community, Environment and Planning

9 Staff Reports – Assets and Operations

10 Staff Reports – Business and Governance

11 Councillor Reports

12 Rescission/Alteration Motions

13 Notices of Motion

14 Questions with Notice

15 Questions without Notice

16 Confidential Business

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

Statement of Re-Commencement of Live Streaming

17 Noting of Resolutions from Closed Session

18 Declassification of reports considered previously in Closed Session

Council	16 March 2022
*Item 9.1 - Attachment 2*	Cuttagee-Bridge Coastal Hazards report Sep-21

Council	16 March 2022
*Item 9.1 - Attachment 3*	Cuttagee-Bridge Heritage Assessment Aug-21

Council	16 March 2022
*Item 9.1 - Attachment 4*	Expressions of interest for Cuttagee Bridge Community Advisory Group

Council	16 March 2022
*Item 9.1 - Attachment 5*	Cuttagee Bridge Advisory Group adopted guidelines

Council	16 March 2022
*Item 9.1 - Attachment 6*	Minutes from Cuttagee Bridge Advisory Group Meeting 2021.11.01

Council	16 March 2022
*Item 9.1 - Attachment 7*	Minutes from Cuttagee Bridge Advisory Group Meeting 2021.12.13

Council	16 March 2022
*Item 9.1 - Attachment 8*	Minutes from Cuttagee Bridge Advisory Group Meeting 2022.02.01

Council	16 March 2022
*Item 9.1 - Attachment 9*	Geoff Steel Statement

Council	16 March 2022
*Item 9.1 - Attachment 10*	Paul Payton statement

Council	16 March 2022
*Item 9.1 - Attachment 11*	Jenifer James Statement

Council	16 March 2022
*Item 9.1 - Attachment 12*	Ken Robinson statement

Council	16 March 2022
*Item 9.1 - Attachment 13*	Ken Murtagh statement

Council	16 March 2022
*Item 9.2 - Attachment 1*	DRAFT For Council 2022.03.16 policy 4.07 Water and sewerage services v 6 to be exhibited

Council	16 March 2022
*Item 9.2 - Attachment 2*	DRAFT For Council 2022.03.16 procedure 4.07.1 Connecting to our water or sewer system v 1 to be exhibited

Council	16 March 2022
*Item 9.2 - Attachment 3*	DRAFT For Council 2022.03.16 procedure 4.07.2 Water and sewer billing, concessions, and reductions v 1 to be exhibited

Council	16 March 2022
*Item 9.2 - Attachment 4*	DRAFT For Council 2022.03.16 procedure 4.07.4 Water, sewer, and stormwater asset ownership v 1 to be exhibited

Council	16 March 2022
*Item 9.4 - Attachment 1*	Tura Beach Country Club funding Support Proposal

Council	16 March 2022
*Item 9.4 - Attachment 2*	Letter from Tura Beach Country Club to Anthony McMahon

Council	16 March 2022
*Item 10.1 - Attachment 1*	Attachment 1 Operational Plan Progress Report July-Dec 2021

Council	16 March 2022
*Item 10.1 - Attachment 2*	Attachment 2 Corporate Measures July-Dec 2021

Council	16 March 2022
*Item 10.3 - Attachment 1*	OLG Code of Conduct Consultation Paper

Council	16 March 2022
*Item 10.4 - Attachment 1*	DRAFT Register of Delegations Part 1 - Delegations from Council to CEO, Mayor and Committees

Council	16 March 2022
*Item 10.5 - Attachment 1*	Circular 22-03 - Guidelines for Additional Special Variation (ASV) Process for 2022-23

Council	16 March 2022
*Item 10.5 - Attachment 2*	Long Term Financial Plan 2022-2031_ADOPTED_12 May 2021