Agenda of Council - 22 March 2023

Council 22 March 2023

Item 8.2

8.2. Reporting of minutes for committees with delegated authority and advisory committees

This report provides the adopted minutes for the Bega Eden Merrimans (BEM) Committee, Access and Inclusion Advisory Committee (AIAC), Cemetery Advisory Committee, Montreal Goldfields Committee and General Community Hall Committee for November 2022.

Director Community Environment and Planning

Officer’s Recommendation

That Council note the report and the Bega Eden Merrimans (BEM) Committee, Access and Inclusion Advisory Committee (AIAC), Cemetery Advisory Committee, Montreal Goldfields Committee and General Community Hall Committee November meeting minutes which are appended to the report.

Executive Summary

This report provides the minutes from the November meetings of the BEM Committee, AIAC, Cemetery Advisory Committee, Montreal Goldfields Committee and General Community Hall Committee for information. Due to the committee meetings being held quarterly the minutes are confirmed three months in arrears and reported to Council at the next available meeting.

It is important to note that additional progress has been made since the November minutes were adopted.

Background

Committees of Council are established each term of Council and disbanded at the end of each Council term. On 11 January 2022 Council established various committees, groups and panels, following the Mayoral Election.

Committees of Council provide a mechanism for community involvement in the provision of Council facilities or services. There are three types of committee that may be established by a council: Committees of Council, which are comprised entirely of Councillors; Section 355 Committees, which are delegated under Section 355 of the Local Government Act 1993 to undertake certain functions of Council and may include community representatives, Councillors and/or members of Council staff; and Advisory Committees, which may be made up of community representatives, Councillors and/or members of Council staff, and provide advice to Council on relevant matters.

Each committee has guidelines that detail its roles and responsibilities, and where relevant, its delegated functions. All committees are obliged to observe Council’s adopted Code of Meeting Practice.

The committees, through Council officers, must make their agenda and minutes public, and report meeting minutes to Council periodically once adopted by the relevant committee. Agendas and minutes are published on Council’s website.

Relevant recommendations of Advisory Committees are reported to Council meetings, through Council officers, for consideration.

A brief outline of each of the committees included in this report is below.

Bega Eden Merrimans (BEM) Committee

The Local Aboriginal Land Councils and Bega Valley Shire Council have established the Bega Eden Merrimans (BEM) Committee as part of our commitment to work in partnership to ensure a better future for Aboriginal people.

Committee members work together to achieve the objectives outlined in the Memorandum of Understanding as part of the journey of Aboriginal, Local Government and community reconciliation.

Key progress since the November meeting (minutes attached) includes:

· Acknowledgment of Country wording updated on the Council website, in document templates and communicated to the broader organisation

· Further conversations about, and changes being drafted to, the MOU and action plan

· Aunty Lorraine Naylor, along with community members, attended the Wandella Hall sod turning event in late February

· Further conversations held about Council’s Aboriginal Employment Strategy and upcoming new traineeships

· Review of Council’s procurement policy underway to consider opportunities for the Aboriginal community/organisations

· Language acknowledgement confirmed and displayed at libraries

· BEM meeting held on 13 February 2023

Access and Inclusion Advisory Committee (AIAC)

Over many years Council has supported an Access and Inclusion Advisory Committee (AIAC) 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 AIAC assists Council to reduce barriers and improve access and inclusion to Council premises, public buildings and services for residents and visitors, including people with disability, older and frail people, parents with prams and other community members.

Key progress since the November meeting (minutes attached) includes:

· Committee members nominated for projects that had a vacancy

· Co-chair nominated

· Successful tour with National Parks and Wildlife of the improved accessibility at Boyd Tower (Chair and two members attended)

· AIAC meeting held 20 February 2023

General Cemetery Advisory Committee

Council manages 14 cemeteries in the shire. The committee is comprised of a diverse membership who work in partnership with Council to bring about improvements to the management of Council’s cemeteries.

Key progress since the November meeting (minutes attached) includes:

· Updated signage for cemeteries underway

· Committee meeting held 16 February 2023

Montreal Goldfields Management Committee

The Montreal Goldfields Management Committee is responsible for the care and management of the Montreal Goldfields site. The committee plays a key role in conserving the environmental and cultural heritage of the site.

Key progress since the November meeting (minutes attached) includes:

· Gordon Building design have commenced plans and will submit the DA for Montreal Goldfield carpark and extension

· Committee meeting held 17 February 2023

General Community Halls Committee

The General Community Halls Committee is a strategic committee responsible for oversight of the management of Council’s 18 halls. Committee members manage the hall facility hire and work with Council to bring about improvements to the management of Council’s halls.

Key progress since the November meeting (minutes attached) includes:

· Wandella and Kiah Hall rebuilds have commenced (contractor appointed and sod turning event held)

· Committee meeting held 21 February 2023

Options

There are no options associated with the recommendation of this report.

Community and Stakeholder Engagement

Engagement undertaken

Nominations for Council committees are sought in line with Council’s adopted Community Engagement Strategy and Community Engagement Toolkit. Engagement with the committees to date includes formal meetings and out of session correspondence to keep projects on track and ensure progress of key actions.

Engagement planned

There are no further engagement requirements associated with the recommendation of this report. Should any of the committees need to recruit additional members to fill vacancies, these will be advertised in accordance with the requirements of Council’s Community Engagement Strategy.

Meetings of each committee will continue quarterly as per the terms of reference.

Financial and Resource Considerations

Council officer time is required to provide support to the committees as per committee guidelines which is part of the annual activities of Council. There are no additional financial or resource considerations associated with the recommendation of this report.

Legal /Policy

The Local Government Act 1993 provides for the establishment of advisory committees to support Council decision-making.

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 2042:

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 environmental 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. However, working towards a more inclusive and accessible Bega Valley, as well as maintaining and utilising our community assets such as halls, will have broader economic benefits for the community as a whole and the Aboriginal community.

Risk

The establishment and operation of committees of Council are part of the regular business of Council. The recommendation of this report does not introduce any new risks to Council.

Social / Cultural

Council 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 made by Council.

The AIAC and BEM committees contribute to a more socially and culturally cohesive Bega Valley.

Attachments

1 ⇩. Bega Eden Merrimans Aboriginal Liaison Committee meeting minutes 15 November 2022

2 ⇩. Access and Inclusion Advisory Committee meeting minutes 28 November 2022

3 ⇩. Cemetery Advisory Committee meeting minutes 10 November 2022

4 ⇩. Montreal Goldfield Commitee meeting minutes 18 November 2022

5 ⇩. General Community Hall Committee meeting minutes 22 November 2022

Council 22 March 2023

Item 8.3

8.3. 2023.6 Additions to Agriculture Produce Industry (erection of milk silos) Clause 4.6 Variation to height limit in BVSC LEP 2013

Director Community Environment and Planning

Applicant	Milestone Australia Pty Ltd
Owner	Bega Cheese Limited
Site	10 Lagoon Street, Bega (LOT 1 DP 1264640)
Zone	IN1, IN2, RU1 (IN1 at site of development)
Site area	9.75 Ha
Proposed development	Additions to Agricultural Produce Industry (erection of milk silos)

Precis

Bega Cheese is proposing to relocate an existing milk storage silo (15.9 metres in height), 5 metres to the east of its current position, and install a new pre-fabricated 250 kilolitre silo (18.4 metres in height). The proposed development includes associated earthworks and construction of foundations for the new silo. The application is being reported to Council because both silos exceed the height limit of 14 metres as prescribed in Clause 4.3 of the Bega Valley Local Environmental Plan 2013 (BVLEP 2013) and a Clause 4.6 variation under BVLEP 2013 to that height limit has been applied for.

Officer’s Recommendation

That Council:

1. Assume the concurrence of the Secretary of the Department of Planning, Industry and Environment in accordance with Circular PS 18-003 and pursuant to Clause 4.6 of the Bega Valley Local Environmental Plan 2013 and notify the Department accordingly.

2. Approve the variation to the height of building development standard, specified under Clause 4.3(2) of the Bega Valley Local Environmental Plan 2013.

3. Approve development application 2023.6 for Variation of Clause 4.6 (height limit) subject to the conditions of consent provided in Attachment 1.

4. Notify those who made a submission of Council’s decision.

Executive Summary

Development Application (DA) 2023.6 is being reported to Council for determination because the application seeks to vary the height limit development standard specified by the BVLEP 2013.

The reporting of this application to Council for determination is consistent with requirements under Planning Circular PS 18-003 as the variation sought is greater than 10% and therefore Council officers do not have delegation to determine the variation.

The development proposal has been assessed under Section 4.15 of the Environmental Planning and Assessment Act 1979 (Attachment 2). The variation to the height limit is considered moderate given the placement of the silos adjacent to existing silos and structures that already exceed the 14 metre height limit and their location away from public vantage points which maintains the visual character of the area.

The development aligns with Council’s adopted strategic direction that recognises the economic contribution to the local economy that milk processing activities provides to the Bega Valley as reinforced in Council’s adopted Local Strategic Planning Statement (LSPS).

The proposed development is recommended for approval, subject to the conditions of consent provided in Attachment 1.

Background

The site is occupied by the Bega Cheese processing factory that comprises numerous buildings, silos and ancillary infrastructure including car parking areas, a training building and Bega Cheese Heritage Centre. The site has been developed over many years with numerous development approvals that has shaped the current layout.

The site is located primarily in the IN1 General Industrial Zone at the northern edge of the Bega town centre.

Description of the site

The site covers an area of 9.75 hectares (see Figure 1). The site is relatively flat and cleared of vegetation. The site is surrounded by a mixture of farmland, open water (lagoon), Bega River and vacant industrial land.

Figure 1 – Subject site

Description of the Proposal

The proposal comprises the relocation of an existing milk storage silo (15.9 metres in height), 5 metres to the east of its current position and installation of a new pre-fabricated 250 kilolitre silo (18.4 metres in height) in its place. (See Figures 2 and 3 below and Attachment 3)

Planning Assessment

The proposal has been assessed in accordance with the matters for consideration under Section 4.15 of the Environmental Planning and Assessment Act 1979 (Attachment 2).

No submissions were received during the notification process.

Figures 2 and 3 – Location of proposed silos and design of silos.

Planning Assessment

The proposal has been assessed in accordance with the matters for consideration under Section 4.15 of the Environmental Planning and Assessment Act 1979.

The application was notified for a period of 14 days with no submissions received.

Bega Valley Local Environmental Plan 2013

The development has been assessed in accordance with the relevant provisions of BVLEP 2013. The land is zoned IN1 General Industrial at the site of the proposed works, with other sections of the site zoned IN2 Light Industrial and RU1 Primary Production (see Figure 4).

Shape

Description automatically generated with medium confidence

Figure 4 - Multiple zoning across site

Height

A 14 metre height limit currently applies to the site which is measured from ‘existing ground level’ to the highest point of the building. Building height is defined as follows:

Building Height (or height of building) means—

(a) in relation to the height of a building in metres—the vertical distance from ground level (existing) to the highest point of the building, or

(b) in relation to the RL of a building—the vertical distance from the Australian Height Datum to the highest point of the building, including plant and lift overruns, but excluding communication devices, antennae, satellite dishes, masts, flagpoles, chimneys, flues and the like.

The existing milk storage silo will have a finished height of 15.9 metres and the new pre-fabricated 250 kilolitre silo will have a finished height of 18.4 metres. Both silos will exceed the 14 metre height limit for the site by 1.9 and 4.4 metres respectively. A Clause 4.6 Variation to the 14 metre height limit was submitted with the application seeking support to the variation of the height limit.

Variations under Clause 4.6

The application seeks a variation under Clause 4.6 of BVLEP 2013 to the 14m height limit for the site under Clause 4.3. The concurrence of the Secretary of the Department of Planning, Industry and Environment can be assumed for the variation, in accordance with the provisions of the NSW Department of Planning Planning Circular PS 18-003.

Council, as the consent authority, may consider variations to development standards (with the use of Clause 4.6 of BVLEP 2013) provided the proposal:

· meets the objectives of the zone, and

· meets the objectives of the development standard, and

· demonstrates that compliance with the standard is unreasonable or unnecessary in the circumstances of the case, and

· demonstrates there are sufficient environmental planning grounds to justify contravening the development standard.

The applicant has provided justification to the height variation for the subject site (Attachment 4).

Objectives of the zone

The following objectives apply to the IN1 General Industry:

Objectives of zone:

· To provide a wide range of industrial and warehouse land uses.

· To encourage employment opportunities.

· To minimise any adverse effect of industry on other land uses.

· To support and protect industrial land for industrial uses.

· To allow a range of support services that do not have an adverse impact on the viability of business and commercial zones.

The proposed silos are being considered within the context of an overall development for the site that includes a milk/cheese processing factory and ancillary uses including training facilities for staff and the Bega Cheese visitor centre.

The increase in milk processing capacity will support the objectives of the zone as it further strengthens the economic viability of the milk processing operations within the site without compromising other land uses such as nearby farming and tourism.

Objectives of the Development Standard

The following objectives apply to Clause 4.3 height of buildings:

Clause 4.3 – Height of Buildings

(1) The objectives of this clause are as follows:

(a) to retain the existing character and landscape of the locality and to encourage a low-set building form,

(b) to protect residential amenity, views, privacy and solar access.

The 14 metre height limit is designed to accommodate a range of industrial uses while maintaining a design height to reduce its visual impacts on the surrounding area. The site is located within an industrial area on the northern approach into Bega near the Princes Highway. The placement of the silos adjacent to existing silos and structures that are already in excess of the 14 metres height limit ensures that their bulk and scale will not impact on the views afforded from the Princes Highway or impact on residential amenity enjoyed from the nearest dwelling located 330m to the north of the site.

It is considered that the design and placement of the silos are consistent with the objectives of Clause 4.3.

Whether compliance with the standard is unreasonable or unnecessary

The applicant has adequately demonstrated that compliance with the requirements of Clause 4.3 of LEP 2013 is both unreasonable and unnecessary for the following reasons:

· The site is subject to an existing numerical non-compliance with the maximum building height standard pursuant to Clause 4.3, being a 74.79% variation, measured to the ridge of the Whey Dryer Building roof to the west of the existing silo pad.

· The proposed relocation of the south western silo does not result in any additional height to the existing arrangement and will not materially alter the existing impacts of the height of building breach and maintains consistency with the objectives of the development standard.

· The construction of a new 250 kilolitre silo is consistent with the objectives of the development standard, as the proposed height retains the existing character of the site and has a suitable impact on the landscape of the locality. The proposed variation also does not affect residential amenity by way of overshadowing, visual privacy or the like, and district views of the landscape are protected (see Figure 5 Elevations).

Figure 5 Elevations

· Shadow diagrams prepared by Gordon Building Design P/L, dated January 2023 detail that there will be a minor increase in the existing shadows cast by development on the site, however this will not increase overshadowing to any residential dwellings, as the properties south of the site include Riverside Park and the Ampol Bega Depot are both non-residential properties. Any shadows cast will be narrow and fast moving, not leaving any areas in shadow for an extended period which significantly reduces the impact on amenity.

Non-compliance with the height controls for this development is considered reasonable given the variation to the height is consistent with the existing built environment of the site.

The variation to the height control does not impact on the amenity of surrounding land uses which are the training centre, the fuel station to the south, the rural land to the east, or the lagoon to the north. There is slight increase in overshadowing by the proposed structures over Lagoon Street which provides access to this site, including the Bega Cheese Heritage Centre. The additional overshadowing would not impact on the amenity of the users of Lagoon Street.

Whether there are sufficient environmental planning grounds

The site has few environmental constraints with the exception of flooding to the north and south of the site. The proposal provides an opportunity to further develop the milk processing capability of Bega Cheese. The proposed development is well articulated and consistent with industrial design outcomes for the site.

Development Control Plan 2013

The proposal has been assessed in accordance with Bega Valley Development Control Plan 2013. There are no specific clauses that relate to design issues of industrial plant in this part of North Bega.

Design

The bulk and scale of the development is consistent with the existing buildings and structures within the main plant area of the site.

Bega Valley Local Strategic Planning Statement

The proposed development is consistent with the following statements within the LSPS:

• Encourage development of land for industries that build on existing strengths and drivers including the marine economy, agriculture, forestry, aquaculture, medical and health services and food manufacturing.

• Ensure suitable buffers between existing and proposed industrial land and any surrounding sensitive receivers or incompatible land uses.

Whilst milk processing is not specifically mentioned in a future direction, the LSPS acknowledges that

‘the area is famous for its dairy industry and together, milk and beef make up 92.4% of total agricultural output for the Shire. Bega Cheese is the dominant milk processor and is instrumental in providing a significant level of expertise and reputation to the region.’

This application, if approved, supports the on-going viability and expansion of value-adding to milk products, which in turn generates economic multiplier effects within the immediate region in a suitably located area zoned for industrial purposes.

Options

The following options are available to Council, in its consideration of this matter:

1. Approve the development application subject to the conditions of consent provided in Attachment 1. This is the recommended option.

2. Defer consideration of the matter and request a separate report identifying any relevant Section 4.15 matters for consideration and draft reasons for refusal.

3. Defer consideration of the matter and seek an alternative design that complies with the provisions of BVLEP 2013 and BVDCP 2013.

Community and Stakeholder Engagement

Engagement undertaken

2023. No submissions were received.

Essential Energy

Essential Energy provided comment and identified no safety concerns about the development. They have provided standard advisory notes to be placed on the draft consent.

Internal Referrals

The application was referred internally to Water and Sewer Services, Environmental Health, Building Services and Strategic Planning. No outstanding issues were raised in the referrals and the conditions recommended in the referrals have been included in the draft consent conditions (Attachment 1).

Financial and Resource Considerations

Assessing proposals for development is part of the regular business of Council and resourcing to undertake that function is included in Council’s adopted 2022-23 Budget.Legal /Policy

Should Council resolve to refuse the application, the applicant has appeal rights to the Land and Environment Court under the provisions of the Environmental Planning and Assessment Act 1979.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Local Strategic Planning Statement 2040

This application, if approved, supports the on-going viability and expansion of value-adding to milk products, which in turn generates economic multiplier effects within the immediate region.

Environment and Climate Change

This application, if approved, will not have any additional adverse impacts on the environment or climate change.

Economic

This application, if approved, will assist in protecting the agricultural base of the Bega Valley Shire through increasing milk handling and processing capabilities.

Risk

If the application is not approved, there is a risk is that the economic viability of Bega Cheese could be reduced.

Social / Cultural

This application, if approved, will assist in providing employment within the Bega Valley Shire through increasing milk handling and processing capabilities.

Attachments

1 ⇩. Draft Development Consent

2 ⇩. Section 4.15 Assessment

3 ⇩. Proposed Plans

4 ⇩. Clause 4.6 variation request

Council 22 March 2023

Item 9.2

9.2. 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 Central Waste Facility (CWF) consultative committee and sportsgrounds volunteer site committees

Director Assets and Operations

Officer’s Recommendation

That Council:

1. Appoint the following volunteers to the Central Waste Facility (CWF) consultative committee for the 2023-2024 term:

· Jane Love

· Natalie Lyons

· Robert Cechet

2. Appoint the following volunteers to the various sportsground site committees for the term of the current Council:

Pambula Sporting Complex	Lachlan Cumming	Community
Eden Barclay Street Sporting Complex	Aiden Guzel	Tennis Club
Berrambool Sporting Complex	Bernard Marchesi	Australian Rules Club
	Robert Beuzeville	Australian Rules Club
	Pauline Beuzeville	Australian Rules Club
	Andrew Purcell	Cricket Club
	Patrick Palmer	Soccer Club
Wyndham Recreation Ground	Debra Moodie	Progress Association/Community
	John Beuman	Progress Association/Community
	Robert Hunt	Progress Association/Community
	Sue Liddington	Pony Club
	Stacey Asplin	Pony Club
Bermagui Indoor Sports Stadium	Kate Talbott	Gym Club
	Christopher McKechnie	Karate
	Andrew Forbes	Community
	Jenine Forbes	Community
Eden George Brown Sportsground	Don Wilson	Ground Maintenance/Community
Bega Sporting Complex	Tim Cummings	Soccer Club
Bega Sporting Complex	Ashley Ahkin	Minor Rugby League Club
Bemboka Colombo Park	Cheryle Russell	Bemboka Lions Club

Executive Summary

Council has established committees to support its decision making and has advertised for volunteers to participate in these committees.

Background

CWF consultative committee

The CWF consultative committee functions to provide a forum for information exchange and consultation between residents and Council regarding the operation of the central waste facility.

As per the committee guidelines, nominations by community members for participation on the Committee have been received and are presented for Council’s consideration.

In determining the application for development consent for Council’s CWF, the Southern Region Joint Planning Panel also resolved that:

“BVSC form a Consultative Committee that includes three representatives of residents of the immediate locality, for the purposes of providing a forum for information exchange and consultation regarding the operation of the central waste facility.”

In response, a meeting quorum was established, and the inaugural meeting of the Consultative Committee held on 25 February 2014 at the Council Chambers in Bega.

According to the committee guidelines, the committee is chaired by the Waste Services Manager, with membership comprising the Mayor or delegated Councillor representative, along with two members of the community residing within a nominal direct-line distance of 5km from the CWF. Meetings are held twice annually at the CWF, with terms of appointment for community members being fixed at 2 years, to enable a fair opportunity for participation. The previously elected nominees attended their final meeting for the 2-year term in October 2022.

Through January and February of 2023, a call for nominations from the public was made for the next two-year term of appointment. After the closure of the EOI period, 3 nominations were received, and all have been deemed as eligible participants.

Sportsground site committees

Sportsgrounds are highly valued by the Bega Valley Shire community with many residents participating as a player, administrator, or spectator.

The participation of volunteers in the care and management of Council’s Sportsgrounds is an important way in which these facilities are activated, maintained, and remain suitable for user needs.

Volunteer input and assistance into the operations and management of sportsgrounds across the Shire is through a two-tier Committee structure. The overarching Section 355 General Sportsground Committee provides a shire wide perspective on sports facilities management. Sportsground Site Committees are made up of user group representatives and community members interested in the operations and management at individual sites. Committee membership is based on the guidelines endorsed by Council.

It was noted in the 18 May 2022 Council report (Appointment of Volunteer Representatives to Community Sportsground Committees) that:

· Further nominations to be sought and accepted (in accordance with criteria) as site committee meetings commence and induction of site committee volunteers by Council is undertaken.

· Additional nominations received will be reported for Council consideration as they are received.

The appointment of four members at Wyndham Recreation Ground meets the S355 General Sportsground Committee guidelines requirement of three members on a site committee. The other nominations meet the guidelines of representation from various user groups.

Bermagui Indoor Sports Stadium is managed by an independent committee however a request for volunteers was sought and four nominations received.

Colombo Park have less than three site committee members however it is noted that the site has a strong user group contribution in the Bemboka Lions Club. Further volunteer site committee nominations will be sought for Bemboka Colombo Park, after the site AGM has been held, as well as Merimbula Ford Park which only has two site committee members.

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

CWF consultative committee

A media release was prepared by Council’s communications team and published on 20 January 2023. This was picked up by multiple local media outlets, including Merimbula News Weekly.

A dedicated ‘Have your say’ page with pre-populated Q&A was prepared and published on Council’s website, with links to Council’s waste strategy and consultative committee guidelines included. Community members interested in joining the committee could nominate for the committee directly from the Council website.

Sportsground site committees

Council advertised for nominations for Sportsgrounds Site Committees members at the beginning of the committee term, which aligned with the four-year Council term.

Following the initial notification period earlier in the year there were insufficient nominations to fill positions on committees at some sites. Staff extended the nomination period and sent reminders to local sports clubs and site user group contacts. Staff will continue to work with user groups to fill vacancies. Any future nominations received will be reported to Council for endorsement.

Engagement planned

CWF consultative committee

In conjunction with the implementation of the adopted waste strategy, there will be further extensive community engagement undertaken, including with respect to the proposed expansion of the CWF landfill footprint and planned construction of the new organics processing facility at the site.

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

CWF consultative committee

It is not proposed that this committees be delegated power to exercise functions on Council’s behalf. The purpose of the committee is consultative and is not a committee of Council within the meaning of Section 355 of the Local Government Act 1993.

The chair of the committee may refer outcomes of committee meetings to Council or staff for consideration and execution, in accordance with the organisational delegations already endorsed by Council.

Sportsground site committees

Council’s framework for working with the community in the management of sportsgrounds is based on two levels of committees – the S355 General Sportsgrounds Committee and Sportsground Site Committees for individual sportsground sites.

The Local Government Act 1993 provides for the establishment of advisory committees to support Council decision-making. Section 355 (b) and Section 377(1) enable Council to exercise its functions by a Committee of Council and to do so conditionally. The delegated functions of the S355 General Sportsground Committee are set out in the S355 General Sportsground Committee Guidelines prescribe the manner the Section 355 and General Site Committees operate.

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

Community representation sportsground site committees supports the following elements of the Bega Valley Shire Council Operational Plan 2022 – 23:

· Leisure & Recreation Core Business - identify the Coordinate with community groups, committees, and volunteers to oversee the management and maintenance of community sporting and recreation facilities.

· Delivery Program: D5.3 - Operate and maintain recreation facilities, boating infrastructure, public toilets and sporting facilities and natural assets with community committees and groups.

· D5.3.1 Review and develop operational management plans, specifications and service level agreements for boating infrastructure, public toilets and sporting facilities and natural assets with community committees and groups.

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. Maintaining an open and direct channel of communication with CWF neighbours gives Council staff an opportunity to engage with and respond to concerns about the site, and to help clarify those areas of the site operation that may be considered substandard. It also ensures ongoing compliance with the approved development consent and direction or objective of the Southern Region Joint Planning Panel.

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. The CWF consultative committee can assist with improving public relations by providing an open and direct channel of communication with CWF neighbours about the site, whilst also giving Council staff an opportunity to identify, respond to and rectify concerns.

Council’s sportsgrounds provide opportunities across the Shire for our community to come together, create connections between people and build stronger communities. The involvement of volunteers helps ensure these facilities are well utilised and better able to meet community needs. Involvement in Sportsground Committees also provides benefits to many individual volunteers by increasing their community connections through participation. Council recognises the number and quality of sportsground facilities could not be provided without the efforts of Sportsground Committees and the wide range of volunteers who assist in managing and maintaining the facilities.

Attachments

Nil

Council 22 March 2023

Item 9.3

9.3. Request for Tender (RFT) 2223-051 Bega sewer pump station (SPS) renewals

This report details the outcome of the tender evaluation for Tender RFT 2223-051 for Bega Sewer Pump Station (SPS) Renewals and recommends award to the preferred tenderer.

Director Assets and Operations

Officer’s Recommendation

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

2. That Council accepts the tender from <insert> in relation to contract for the works described in tender RFT 2223-051, in the amount of <$insert> (including GST), subject to variations, provisional sums and prime cost items.

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.

Executive Summary

This report details the outcome of Bega SPS renewal tender evaluation, RFT 2223-051.

RFT 2223-51 was advertised 11 January 2023 via Council’s Website and the Vendor Panel marketplace. The request was released as an Open Tender. A compulsory site meeting was held in Bega on 24 January 2023. Nine (9) distinct companies attended. Tender submissions closed 15 February 2023 with three (3) submissions. The submissions were received from: 

· Dekort Pumps

· John Michelin and Son

· SNG Engineering

The project will be funded by the Sewer fund and has been included in the 2022/23 financial year budget.

Background

Bega Valley Shire Council (BVSC) Water and Sewerage Services (W&SS) operate and maintain 54 Sewer Pump Stations (SPS) throughout the shire. Recent SPS renewal works have been undertaken in Eden, Merimbula, Pambula and Tura Beach. RFT 2223-051 is a continuation of these SPS renewals and focuses predominately on the Bega sewer network.

BVSC W&SS staff have identified three SPS’s at Bega and one at Tura Beach that require varying degrees of renewal and upgrade work.

The identified assets have reached the end of their serviceable life and are demonstrating increased maintenance and regular repair to remain in operation. Renewing these assets will reduce the risk to public health and the local environment.

The scope of this tender includes supply and installation of the following items:

· Pumps

· Four-sided fall protection lids

· Electrical switchboard

· Well washers

· ‘Whirlybirds’ to vent stacks; and

· Testing and commissioning.

The contractor is also required to operate bypass systems, remove and dispose of redundant infrastructure and apply epoxy coating to wet wells.

A tender evaluation was completed on 16 February 2023 and the tender submissions were assessed against the following evaluation criteria:

Criteria	Weighting
Lump sum price breakdown	50%

Criteria	Weighting
Construction arrangements	15%
Construction program	8%
Indigenous business development	3%
Recognition of local outcomes, demonstration of support for local business and community enterprise	5%
Experience completing similar projects	11%
Work health and safety, quality and environmental management qualifications	5%
Demonstrated capacity to undertake a project of this scale	3%

Criteria	Weighting
WH&S	compliant

Options

1. Accept the preferred tender as recommended in the confidential attachment.

This option represents best value for money and aligns with desired construction timeframes.

This is the recommended option.

2. Decline all tenderers

This option presents a risk with delayed renewal works of assets at the end of their serviceable life expectancy.

This option is not recommended.

Community and Stakeholder Engagement

There has been limited external consultation to date with a focus on internal engagement to ensure the technical aspects of the works are well understood and considered. Further community engagement will be undertaken once the works are awarded.

BVSC W&SS asset managers, maintenance teams and network operators have been engaged in the preparation and evaluation of this tender.

Engagement undertaken

Consultation has been undertaken with internal stakeholders from W&SS assets, network operators, mechanical and electrical teams to deliver a complete scope of work.

As part of the tender process a mandatory pre-tender site meeting to consult directly with interested tenderers was conducted.

Internal consultation with Bega sporting complex renewal project managers was undertaken to avoid potential clashes of work and ensure opportunities to best meet the needs of both projects were considered.

Engagement planned

Prior to commencement of works, the contractor will notify impacted stakeholders including:

· Bega Valley Shire Council

· Impacted residents

Stakeholders would be contacted by letter 28 days prior to the work starting. Responses received within 21 days will be considered prior to works commencing. Identified residents will also be contacted by telephone or door knocking 7 days before work start. Signs will be posted at construction site fences with contact details of the construction Project Manager (selected tenderer).

Financial and Resource Considerations

This project has funds committed in the 2022/23 financial year budget. A contingency of 5% of construction costs is included for potential variations. Potential variations may include discovery of rock or unexpected replacements of infrastructure when the wet well is isolated.

Further financial information is included in the confidential attachment to this report.

Legal /Policy

The tender process complied with the Local Government Act 1993 and the Local Government (General) Regulation 2005

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

Delivery Program: C1.1 - Operate a contemporary local water utility that enables sustainable development, supports social wellbeing, and protects the environment.

C1.1.2 Operate and maintain water supply and sewage network systems to meet health and environmental regulatory requirements and level of service objectives - Network systems compliant.

Environment and Climate Change

Risk to public health and local environment will be reduced though improved infrastructure. These SPS renewals will reduce the potential for a raw sewerage spill into the environment.

A Review of Environmental Factors has been undertaken for this project in accordance with the Environmental Planning and Assessment Act 1979.

Economic

Replacement of the existing pumps within the SPS will reduce power consumption and cost through increased pumping efficiency and reduced maintenance.

Risk

Isolation of wet wells will require a detailed bypass management plan prior to construction beginning on site.

Epoxy coating and internal concrete repairs to the surface of the wet well will increase the structural integrity of the concrete and decrease the risk of raw sewerage leaking to the environment.

Social / Cultural

Renewal and upgrade of SPS infrastructure will result in a more aesthetic pump station site and remove risk of unwanted odour.

A more reliable SPS reduces the risk of interruption to households from sewage back-up into properties.

Attachments

1 . Confidential attachment RFT 2223-051 Bega sewer pump station (SPS) renewals (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.

Council 22 March 2023

Item 9.4

9.4. Request for Tender (RFT) 2223-034 Collection and transfer of bins from waste transfer sites

This report details the outcome of the evaluation of tender RFT 2223-034 Collection and transfer of bins from waste transfer sites, and seeks approval to execute a contract with the preferred tenderer.

Director Assets and Operations

Officer’s Recommendation

1. That Council accept the recommendation as outlined in the attached confidential memo.

2. That Council accept the tender from (insert) in relation to contract services described in the tender RFT 2223-034 Collection and transfer of bins from waste transfer sites, on the amount of (insert) for the first year and increasing annually based on CPI and service statistics over the 5 year contract period.

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.

Executive Summary

Council operates six waste transfer stations across the Bega Valley Shire. Transport of waste and recyclables collected from these sites is currently outsourced under a 5-year contract. This contract is due to expire in July 2023.

Request for tender (RFT) 2223-034 Collection and transfer of bins from waste transfer sites, was placed on VendorPanel on 25 January 2023 for 5 weeks.

Tender submissions were evaluated in accordance with the approved tender evaluation plan, and the outcomes and recommendations are detailed in the attached confidential memorandum.

Background

Council operates six waste transfer stations across the Bega Valley Shire. Waste and recyclables are collected from these sites and transported to various disposal and/or recovery facilities for processing. This collection and transport of materials is currently managed by JR Richards under a 5-year contract, which commenced in July 2018.

Based on the recorded data over the last 5 years, Council sees the collection and transfer of over 1,200 large bins on average per year. The majority of bins are for the transport of general waste from Council transfer stations to the Central Waste Facility for disposal. However, some bins such as those containing clean cardboard or e-waste, are transported to privately-operated materials recovery facilities, located in Bega, Canberra or Sydney, for recovery and/or recycling.

The current contract for collection and transfer of bins from waste transfer sites is reaching the end of its term. As such, the request for tender (RFT) 2223-034 Collection and transfer of bins from waste transfer sites, was placed on VendorPanel on 25 January 2023 for 5 weeks. The tender window closed on 1 March 2023, and submissions were received from only two tenderers.

Submissions were evaluated in accordance with the tender’s approved evaluation plan, of which, the recommendations are detailed in the attached confidential memorandum.

Evaluation criteria consisted of:

SERVICES VALUE:

Criteria	Weighting
Lump sum price breakdown	55%
Schedule of rates for variations	5%

SERVICES DELIVERY AND FUNCTIONALITY:

Criteria	Weighting
Proposed services arrangements, including site establishments etc.	10%
Tender Program	10%
Recognition of local outcomes, demonstration of support for local business and community enterprise	5%

SERVICE EXPERIENCE:

Criteria	Weighting
Experience providing similar services	5%
References	2.5%
Work health and safety, quality and environmental management qualifications & experience	2.5%
Demonstrated capacity to undertake services of this scale	5%

Options

There are several options available to Council:

1. Accept the preferred tenderer’s submission as recommended in the confidential attachment and enter into a contract with that service provider,

2. Reject all submissions and re-tender for this service, or

3. Enter into a contract with another tenderer.

Community and Stakeholder Engagement

Engagement undertaken

No community or stakeholder engagement was undertaken. This is a services-based contract which allows Council to continue to effectively manage waste and recycling from its transfer stations.

Engagement planned

No community or stakeholder engagement is planned as part of this contract.

The tender process has been undertaken in advance of the current contract expiry to allow for a seamless transfer of operational services and ensure no disruption to current waste transfer station operations to the community.

Financial and Resource Considerations

On average, Council have spent $293,785 each year on contract-related expenses since it was first executed in 2018. Aware that the existing contract is due to be renewed in 2023, and that an ongoing level of service is required for the foreseeable future, funds have been committed for the life of the proposed contract (5 years) in the waste services long-term financial plan based on an annual CPI increase of 3%.

Funds generated to cover the cost of this service are generated via the Council waste management charge which is further supplemented by gate income from user charges at the shire’s waste facilities.

The tender is based on a schedule of rates and, whilst an estimate has been made based on Councils understanding of likely waste quantities, the annual expenses incurred under this contract will vary dependent of the number of transfers in any given year and the actual CPI increase applied.

Legal /Policy

The tender process was conducted in accordance with the Local Government Act 1993 and Council procedures.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

The service provided by this tender is consistent with strategic direction set by Council as part of the Community Strategic Plan 2042 and Delivery Program 2022-25.

C. Our environment

C.3 Collaborate with partners and our community to support innovative approaches to waste minimisation and increase reuse and recycling opportunities.

C3.1 Implement the Waste Strategy through delivery of efficient waste collection, waste disposal and recycling services and manage waste services related infrastructure.

Environment and Climate Change

Under the Contract there is provision for bins for both mixed solid waste and for recyclable materials such as cardboard, e-waste and co-mingled recycling.

Mixed solid waste collected under this Contract is taken to Councils engineered landfill at the Central Waste Facility. The site operates under an Environmental Protection Licence, regulated by NSW EPA, with strict environmental controls to ensure waste is disposed of safely and with minimal risk to the environment. Recyclables collected are transported to Contractor-nominated facilities that are lawfully engaged in resource recovery.

Economic

The provision of this service requires the contractor to be based in the Bega Valley, providing local employment opportunities as well as the utilisation of local suppliers, businesses and contractors. This leads to a higher proportion of income generated remaining locally and there is an increased economic flow on effect into the local community.

Risk

This is a low-risk contract. The contractor is required to comply with all transport, environmental and work health and safety regulations and legislation.

Social / Cultural

The contract allows Council to effectively manage waste and recycling from its transfer stations which are an essential service for the community. They allow the community to manage large bulky waste as well as provide a waste management solution for those that do not have access to other services such as a kerbside collection.

Attachments

1. Confidential Memo RFT 2223-034 Collection and transfer of bins from waste transfer stations (Confidential - As this attachment contains information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business as per Section 10A(2)(c) of the Local Government Act 1993.

Council 22 March 2023

Item 9.5

9.5. Bega Valley Local Traffic Committee

This report proposes that Council adopt the recommendations of the Bega Valley Local Traffic Committee from the meeting held on 7 February 2023.

Director Assets and Operations

Officer’s Recommendation

That Council adopt the recommendations of the Bega Valley Local Traffic Committee minutes dated 7 February 2023 and tabled at the 22 March 2023 Council meeting.

1. ANZAC Day March and Service 25 April 2023 – Bega, Bemboka and Tathra

1. 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.

2. 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.

3. 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 Tuesday, 25 April 2023 for the Bega RSL Sub branch ANZAC Day proceedings, as per the Traffic Guidance Schemes.

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

5. Subject to approval of site-specific Traffic Guidance Scheme (TGS).

6. That the above event organiser arranges their own accredited traffic control staff to implement and manage the relevant TGS.

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

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

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

2. ANZAC Day March and Service 25 April 2023 – Candelo

1. That the proposed traffic arrangements for the Candelo RSL sub branch ANZAC Day Service on Tuesday, 25 April 2023 be approved and deemed a Class 2 special event.

2. That the section of William Street, Candelo between the intersections of Eden Street and Queen Street be temporarily closed on Tuesday, 25 April 2023 for the Candelo RSL sub branch ANZAC Day Service, in accordance with Traffic Guidance Scheme (TGS).

3. Subject to approval of site specific TGS.

4. That the above event organises their own accredited traffic control staff to implement and manage the relevant TGS.

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

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

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

3. ANZAC Day March and Service 25 April 2023 – Merimbula, Pambula and Wolumla

1. That the proposed traffic arrangements for the Merimbula RSL sub branch ANZAC Day Dawn Service, March and Service in Merimbula on Tuesday, 25 April 2023 be approved and deemed a Class 2 special event.

2. That the proposed traffic arrangements for the Wolumla RSL sub branch ANZAC Day March and Service in Wolumla on Tuesday, 25 April 2023 be approved and deemed a Class 2 special event.

3. That the proposed traffic arrangements for the Merimbula RSL sub branch ANZAC Day March and Service in Pambula on Tuesday, 25 April 2023 be approved and deemed a Class 1 special event.

4. 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 Tuesday, 25 April 2023 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 Control Schemes.

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

6. Subject to approval of site specific TGS.

7. That the above event organiser arranges their own accredited traffic control staff to implement and manage the relevant TGS.

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

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

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

4. ANZAC Day March and Service 25 April 2023 – Cobargo

1. That the proposed traffic arrangements for the Cobargo RSL sub branch ANZAC Day March on Tuesday, 25 April 2023 be approved and deemed a Class 1 special event.

2. That sections of Cobargo Bermagui Road and Tarlinton Street, Cobargo be temporarily closed on Tuesday, 25 April 2023 for the Cobargo RSL sub branch ANZAC Day March, in accordance with Traffic Control Plan.

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

4. Subject to approval of site specific TGS.

5. That the above event organises their own accredited traffic control staff to implement and manage the relevant TGS.

6. That traffic control staff are to direct all attendees off the Princes Highway before any service can commence.

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

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

5. ANZAC Day March and Service 25 April 2023 – Bermagui

1. That the proposed traffic arrangements for the Bermagui RSL sub branch ANZAC Day March on Tuesday, 25 April 2023 be approved and deemed a Class 2 special event.

2. That sections of Lamont Street from Wallaga Street to Pacific Drive, Bermagui be temporarily closed on Tuesday, 25 April 2023 for the Bermagui RSL sub branch ANZAC Day March.

3. Subject to approval of site specific TGS.

4. That the above event organises their own accredited Traffic Control Staff to implement and manage the relevant TGS.

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

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

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

6. ANZAC Day March and Service 25 April 2023 – Eden

1. That the proposed traffic arrangements for the Eden RSL sub branch ANZAC Day March on Tuesday, 25 April 2023 be approved and deemed a Class 2 Special Event.

2. That sections of Chandos Street, Imlay Street, Bass Street and Calle Calle Street, Eden be temporarily closed on Tuesday, 25 April 2023 for the Eden sub branch ANZAC Day March, in accordance with the Traffic Control Schemes.

3. Subject to approval of site specific TGS.

4. That the above event organisers arrange their own accredited Traffic Control Staff to implement and manage the relevant TGS.

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

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

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

7. Candelo Village Festival – Saturday 22 April 2023

1. That, subject to conditions, sections of William Street and Hood Street, Candelo be temporarily closed from 10.00am on Saturday, 22 April 2023 to 10.00pm on Saturday, 22 April 2023 for the Candelo Village Festival.

2. That the proposed traffic arrangements involving the temporary closure of William Street and Hood Street, Candelo for the Candelo Village Festival on Saturday, 22 April 2023, be deemed a Class 2 special event and it be conducted under an approved Traffic Guidance Scheme, in accordance with Transport for NSW and WorkSafe Traffic Control Manuals.

3. That persons involved in the preparation and implementation of the Traffic Guidance Scheme must hold the appropriate TfNSW/WorkSafe accreditation.

4. That organisers fully implement an approved Special Event Transport Management Plan.

5. That organisers have approved public liability insurance of at least $20 million indemnifying Council, Police and Transport for NSW by name for the event.

6. That organisers have written Police approval prior to conducting the event.

7. That the event organiser monitors the “Live traffic website” approximately 4 weeks prior to their event to ensure there are no road closures, other events, or road works to prevent this event from taking place.

8. That the event achieves all conditions of DA 2008.0012, including parking provisions.

8. Merimbula Police Station Driveway Proposal

That Council approve the installation, by the NSW Police Service, of “Keep Clear” pavement markings on Sapphire Coast Drive in front of the Merimbula Police Station driveway, to be accompanied by advisory signs stating “Do Not Queue Across Driveway”.

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 TfNSW who are responsible for traffic control on all NSW 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

ANZAC Day March and Service 25 April 2023 – Bega, Bemboka and Tathra

A submission has been received for the 2023 ANZAC Day Services in the following locations:

Bega Dawn Service: 5.45am 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: 7.45am Assemble at Anglican Church Bega Street, Tathra – March to Tathra Memorial.

Sub-branch has requested that member of Council attend the Bega Dawn and Main Service, anyone wishing to order a wreath, please do so though Helen Slater of the Hillgrove House Committee.

ANZAC Day March and Service 25 April 2023 – Candelo

A submission has been received from Candelo RSL sub branch for the 2023 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 and Service 25 April 2023 – Merimbula, Pambula and Wolumla

A submission has been received from Merimbula RSL sub branch for the 2023 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 5.45am to 7.15am.

The Merimbula March will assemble at the Merimbula RSL Club at 10.45am 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 8.30am and 9.00am. Assemble at Wolumla Hall – March from Wolumla Hall along Bega Street to the Wolumla Memorial

ANZAC Day March and Service 25 April 2023 – Cobargo

A submission has been received for the 2023 ANZAC Day Service in Cobargo. The March will commence at approximately 10.00am 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 and Service 25 April 2023 – Bermagui

A submission has been received for the 2023 ANZAC Day Service in Bermagui. The March will be held at approximately 10.30am – 12.00pm from the Pharmacy in Lamont Street to the Memorial opposite the caravan park. The Service will be held off street.

ANZAC Day March and Service 25 April 2023 – Eden

The submission will be for the 2023 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

Candelo Village Festival – Saturday 22 April 2023

A submission has been received from Candelo Arts Society for the Candelo Village Festival, to be held on Saturday 22 April 2023. This is a one-day community celebration featuring local artists, market stalls, workshops, talks and street performances. Setup will take place on 21 April 23, 9.00am with event times from 10.00am to 10.00pm on 22 April 23. Pack up times will be Sunday 23 April 2023, 3.00pm.

Merimbula Police Station Driveway Proposal

A request has been received from Merimbula Police Station as follows:

A request from Merimbula Police regarding the driveway access to the Police Station.

The issue of Police and Emergency service vehicles entering and exiting the Merimbula Police Station has been problematic for a long time.

Traffic driving past the entrance to the station has increased due to the by-pass of the main street and re configuration of the Merimbula road network.

The speed of vehicles past the station has also increased due to the creation of the roundabout at the intersection of Sapphire Coast Dr and Merimbula Dr.

Officers are proposing a ‘keep clear’ and ‘give way’ to emergency vehicles at the driveway of the Police station situation of Sapphire Coast Drive.

The driveway can be very difficult to enter and exit as vehicles are very reluctant to let Police vehicles in and out.

If this proposal is granted, the road will have to be painted accordingly and some signage erected.

Options

That Council endorse the officer recommendations in full.

Community and Stakeholder Engagement

Engagement undertaken

Since ANZAC day 2022, Council has liaised frequently with local RSL subbranches to ensure they are all aware of their responsibilities regarding ANZAC day marches. All RSL branches have been provided with the approved traffic guidance schemes (TGSs), and Council has facilitated training to enable to effective use of the TGSs on ANZAC day.

Engagement planned

There is no further engagement planned with this report.

Financial and Resource Considerations

There are no additional financial and resource considerations associated with this report.

Legal /Policy

There are no legal/policy to refer to in this report.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

There are no significant strategic, asset management plan or risk issues associated with this report.

Environment and Climate Change

Economic

There are no additional economic benefits/impacts associated with this report

Risk

There is a reputational risk to Council associated with the ANZAC day marches if they are not managed appropriately. Council has worked to mitigate this risk by frequently liaising with the RSL subbranches responsible for the Marches and providing the approved TGSs and associated training.

There are no financial risks associated with this report.

Social / Cultural

The marches and events outlined in this report are important social and cultural activities and as such staff have given much effort to support them as fully as possible.

Attachments

1 ⇩. ANZAC Day Bega Tathra and Bemboka 2023

2 ⇩. ANZAC Day Candelo 2023

3 ⇩. ANZAC Day Merimbula, Pambula, Wolumla 2023

4 ⇩. ANZAC Day Cobargo 2023

5 ⇩. ANZAC Day Bermagui 2023

6 ⇩. ANZAC Day Eden 2023

7 ⇩. Candelo Village festival 2023

Council 22 March 2023

Item 9.6

9.6. Australian Government - Investing in Our Communities Program

This report provides information on the Australian Government’s Investing in Our Communities Program and considerers the recently received invitation to apply for funding toward the Sapphire Coast Skatepark Project.

Director Assets and Operations

Officer’s Recommendation

That Council do not apply for funds for a skatepark in Merimbula and request the funds notionally allocated to the project be reallocated to funding currently unfunded and necessary resurfacing of roads on the local road network.

Executive Summary

The Australian Government recently confirmed funding for two new programs designed to deliver on the Australian Government’s commitments announced as part of the 2022 election campaign or included in the former Government’s Pre-election Economic and Fiscal Outlook to provide much needed funding for community infrastructure. The programs, the Investing in Our Communities Program (IIOC) and the Priority Community Infrastructure Program (PCI), are designed to implement these commitments.

During the 2022 Federal election campaign the Hon Kristy McBain MP announced a commitment of $500,000 to the project ‘Sapphire Coast Skatepark Association’. On 9 February 2023 Council received an invitation to apply for the opportunity to deliver the required infrastructure through the IIOC. Council has six months to submit the application.

It is also noted that the Eden Tigers Rugby League Club has also received an invitation to apply through the IIOC for $250,000 related to the provision of Female Friendly Change Facilities at George Brown Oval Eden. This project was provided in principle support through Councils’ Community Project proposal procedure, noting that further project development and approvals were required.

Background

At the Council meeting on 28 October 2020 Council considered the report 11.6. Merimbula Skatepark - Proposed Location. That report included background on the project which originated from a Community Project Proposal submitted in October 2018. The background noted that there were differing views amongst community groups regarding the proposed location of the Skatepark. A copy of the report is available on Council’s website. Council resolved:

1. That Council receive and note the information in the report and attachments, including responses and feedback received from the community consultation process.

2. That Council defer location selection of the proposed skatepark for consideration at a councillor workshop.

3. That Council officers thank those that provided input through the consultation process for their contribution.

4. That Council refer consideration of $20,000 to the 2022 budget process for the design costs for the proposed skatepark in Merimbula.

Following that report on 16 June 2021, Council considered 16.2. Cr Mitchell Nadin - Merimbula Skate Park Location and resolved:

That a report be provided to Council outlining the costs associated with undertaking a traffic and parking impact study of the Fishpen area.

Councillors had workshops on 7 December 2022, and 1 March 2023 on the draft Merimbula Traffic Management Plan, which included the Fishpen area.

The current situation regarding the proposed skatepark project is:

· Council has not determined a site for the project. (refer Council report 28 October 2020 for options assessment)

· There is an expectation that the project will be a significant upgrade on the existing skatepark at Berrambool.

· Council was not consulted prior to the $500k funding commitment being announced in the lead up to the last federal election.

· Dependant on the site and scale of the project the current estimated cost is between $900k - $1.2m.

· Council has not identified the specific project or funding gap in the proposed 43% SRV long-term financial plan.

· There is no provision for funding the ongoing operational and maintenance costs associated with a new skatepark in the currently adopted long term financial plan of Council

In terms of submitting a funding application, all applications will be assessed against eligibility and assessment criteria and are not guaranteed. The funding program guidelines are attached.

It is considered unlikely Council would be able to address all the necessary application requirements in the guidelines.

Key aspects of the grant program to note are:

· Council has six months to submit an application.

· Projects must be complete by 31 December 2026.

· Projects must be for the construction, upgrade or extension of infrastructure that provides economic and social benefits to the community.

Options

The options to Council range from committing to the major upgrade project (noting there is currently no funding available in the long term financial plan to support this nor is there a selected site), to declining the invitation to apply for funding. These options are summarised below.

1. That Council confirm a site for the skatepark, reprioritise funding away from other projects identified in the Long-Term Financial Plan (LTFP) to cover the expected capital funding shortfall ($400k – $700k) as well as the additional ongoing operating and maintenance costs, and submit the funding application.

2. That Council confirm a site for the skatepark and submit the funding application based solely on external funding; in effect a small skatepark ‘renewal’ to replace the existing skatepark with a total project value of $500k.

3. That Council decline the offer tied to a skatepark but request permission to submit an application for the funding to be put toward an alternative project that is ready to be delivered but was excluded from the 43% SRV considerations, for example a road resealing project.

4. That Council decline the invitation to apply for the funding and does not make application.

Based on Councils recently developed LTFP submitted to IPART with the proposed special rate variation, options 2-4 above are the only options considered in anyway potentially feasible.

Given that Councils current LTFP projects on average in excess of $13m of unfunded capital renewals over the 10 year life of the plan predominantly in the road and bridge network this is clearly where the need for external funding is most critical. As has recently been pointed out in a submission to Federal Government Inquiry into the implications of severe weather events on the national, regional, rural, and remote network, adequate funding of road networks is critical to providing positive social and economic outcomes for the community. This aligns with one of the key objectives of the program as outlined below:

· Projects must be for the construction, upgrade or extension of infrastructure that provides economic and social benefits to the community.

On the above basis it is recommend Council do not apply for funds for a skatepark and request the funds be reallocated to funding currently unfunded and necessary resurfacing of roads on the local road network.

Community and Stakeholder Engagement

Engagement undertaken

There has been considerable community consultation undertaken previously which was outlined in the 28 October 2020 Council report.

Persons that made representations to the 16 June 2021 Council meeting have been notified of this report to Council.

Engagement planned

Pending the outcome of this report staff will undertake further engagement with key stakeholders.

Financial and Resource Considerations

As already outlined in this report the estimated funding required to deliver the project exceeds the grant Council has been invited to apply for and the current LTFP provisions no additional allocation towards the realisation of this project. In terms of the recently considered long term financial plan models, the financial model that assumes a 43% rates increase excludes this project and any ongoing operations and maintenance; had a 90% model been supported this project may have been feasible. Legal /Policy

The planning and approvals pathway for recreation projects is typically under State Environmental Planning Policy (Transport and Infrastructure) 2021 - Division 12 Parks and other public reserves. Crown landowners’ consent will be required if the project is to be undertaken on Crown Land which would likely trigger a range of further legislative barriers known to exist when dealing with undisturbed Crown Land.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

The 2020/21 Operational Plan directed Council staff to “progress with concept planning and funding options for the Merimbula skatepark project”. This had been deferred noting Council resolutions outlined above.

Council has a Parks, Aquatics and Recreation (PAR) Asset Management Plan. This plan puts a focus on renewing existing assets and/or linking capital upgrades and new assets to adopted Strategic Plans. Council currently does not have a strategic plan related to ongoing provision within the Play / Skate asset category.

There is a Councillor workshop scheduled for 29 March 2023 to provide an overview and begin discussion on development of a broader BVSC Recreation Strategy. This will consider future facilities provision across all PAR asset categories while balancing current and future community recreation needs, priorities, and available resources.

Environment and Climate Change

Resealing the local roads has multiple flow on benefits over and above a better user experience. By intervention at the appropriate time determined by condition rather that availability of funds, scare and expensive resources and materials are not needlessly expended, and construction costs are reduced. Improved road surfaces influence better driving behaviours and reduces the fuel consumption of vehicles using the roads.

Resealing at the appropriate time reduces whole of life costs by preventing early road reconstruction which can be many times more expensive in the long run when the additional maintenance prior to reconstruction is taken into account.

Economic

The proposed development of an upgraded skatepark in Merimbula can benefit local businesses and tourism more broadly by adding another upgraded recreation facility at Merimbula. Considered design could also see the project link directly to the ‘accessible and inclusive tourism market’ in terms of use and spectating. In line with the recommendation in this report there is also economic opportunity associated with redirecting the funds elsewhere.

Risk

As noted in previous Council report there have been differing views and opinions raised in the community on the preferred location of the Merimbula Skatepark project. There is a risk those in the community that preferred an alternate site to that selected will push back and seek mechanisms to have the decision of Council reviewed or overturned, which could cause delays in the project moving forward.

Additionally, if the project moves ahead on an external funding only budget there is a risk that the project will not meet some community expectations. As has been outlined there is also likely an unmanageable ongoing financial risk.

At this point the project has not been allocated any staff resource and will need to progress through the full design and approvals process hence there is a risk it will not be completed within the grant timeframe.

Social / Cultural

The recommended option to request reallocation of funds to the local roads network for resealing or rehabilitation projects has a direct social benefit for a wide proportion of the community across the shire as there is a demonstrated dissatisfaction regarding current road conditions that have been exacerbated by recent bad weather and reduced funding.

By not supporting part funding of an additional upgraded recreational asset within Merimbula it is recognised that some sections of the local community may feel disenfranchised. This however must be viewed across the whole spectrum of recreational and leisure provision in the Merimbula area understanding that there is already a skatepark in Merimbula albeit in need of some investment, and noting recent completion of the Ford Park basketball courts, Short Point improvements, and the announcement of substantial funding to renew the boardwalk.

Attachments

1 ⇩. Investing in our communities program guidelines February 2023

Council 22 March 2023

Item 10.1

10.1. EOI 2223-043 Merimbula Airport General Aviation Precinct land leases

This report details the results of the Expression of Interest (EOI 2223-043) process recently carried out for the Merimbula Airport General Aviation Precinct land leases.

Chief Executive Officer

Officer’s Recommendation

1. That Council receive and note this report and Confidential Report attached.

2. That Council notes the Expression of Interest process for the Merimbula Airport General Aviation Precinct land leases has now closed.

3. That Council considers the Council officers’ recommendation as detailed in the attached Confidential Report and in addition to the recommendations in this report adopts recommendations 1 – 6 of the Confidential Report.

4. The draft lease be updated to reflect the design guidelines for the private lease area in the General Aviation Precinct at Merimbula Airport which are currently out on public exhibition prior to being added to the Bega Valley Development Control Plan (DCP) 2013.

5. That Council authorises the Chief Executive Officer to enter into negotiations with successful tenderers to ensure Council receives the maximum financial return for the Merimbula Airport General Aviation Precinct land lease sites.

6. That Council authorises the Chief Executive Officer to execute all necessary documentation to provide leases of the relevant site or sites to successful tenderers.

Executive Summary

Council progressed an Expression of Interest (EOI 2223-043) process to determine the extent of interest from the private sector to secure a lease site at Merimbula Airport.

As part of the Merimbula Airport General Aviation (GA) Precinct up to twenty-one (21) variously sized and fully serviced lease sites for airport-related businesses, commercial premises and light industries are available provided they do not interfere with the effective operation of the airport.

Other areas to the South of the terminal along Arthur Kaine Drive could also be made available for commercial enterprises in the future should sufficient interest be shown.

Background

The Merimbula Airport Master Plan 2033 (Master Plan) incorporates plans for both the aviation and non-aviation land at Merimbula Airport. Council formally adopted the Master Plan which includes the extension and upgrades of the Merimbula Airport runway and creation of a GA Precinct to the northern end of the airport.

The Master Plan identifies the consolidation of GA and commercial aviation businesses to the north of the current terminal building in a dedicated precinct. This will allow for the rest of the airport site to be progressed in accordance with the Master Plan and more effectively separate the passenger transport activity from the rest of the general aviation and airport activity.

The GA Precinct has been developed with funding from Council and the NSW State Government under the NSW State Government – Drought Stimulus Package funding of $4,000,000 announced December 2019 and from the Federal Government through the Regional Airport Program Round 2 of $2,175,000 announced in December 2020.

The precinct has been designed with general aviation in mind and is primarily for airport centric businesses and light aircraft owners. These entities will be able to lease land on which to park aircraft, and construct hangers and buildings for aviation related businesses with all sites having direct access to aprons and taxiways.

Within the GA Precinct, development that is linked to the airport, commercial premises and light industries are permitted with consent, provided they do not interfere with the effective operation of the airport and will not adversely affect the commercial viability of the central business district of Merimbula.

Council has now completed the funded GA Precinct infrastructure works which consist of twenty-one (21) lease sites ranging in size from 270m² to 2,298m². All proposed lease sites are fully serviced and have direct access to the airport’s airside facilities as well as vehicular access via a service road off Arthur Kaine Drive.

Figure 1 – Plan showing twenty-one (21) fully serviced lease sites within the General Aviation (GA) Precinct.

An EOI package was developed seeking qualified commercial entities to locate commercial, general aviation facilities and/or aviation related businesses at the new GA Precinct within Merimbula Airport.

The EOI 2223-043 request is the first step in a two-stage process as follows:

Stage 1: Invitation for EOI - whereby Council will seek to shortlist respondents who will be invited to participate in Stage 2 of the procurement process to secure a lease with the GA Precinct.

Respondents are not required to lodge a legally binding offers or to enter into Heads of Agreement for Lease at EOI stage.

Stage 2: Request for Proposals - Council will issue an invitation to shortlisted respondents to submit proposals to lease one or more sites at the Merimbula Airport.

The successful respondent will be required to enter into a Heads of Agreement for Lease of the relevant site or sites within the timeframe specified in the request for proposal.

Council is not bound to proceed to Stage 2 if no proposals are considered to have merit, or if subsequent negotiations do not reach a successful conclusion.

Options

There are several options available to Council:

1. Proceed with the EOI 2223-043 process based on the Council officer recommendations in the attached Confidential Report and lease sites on a land only basis.

2. Council could seek to develop the hangars and associated built infrastructure and lease the sites on a commercial basis. Noting there is no currently identified funding stream to progress this option.

3. Other options as raised by Councillors.

Community and Stakeholder Engagement

Engagement undertaken

Since the announcement of the funding for the GA Precinct Council officers have received a steady stream of interest from the private sector (both individuals and businesses) seeking to secure a lease site within the GA Precinct.

All parties that contacted Council had their details recorded and were sent an email in advance of the EOI 2223-043 process advising them on how to access EOI 2223-043 through Council’s e-Tendering portal.

Additionally, Council wrote to all existing landside leaseholders on the 28October 2022 advising of the EOI 2223-043 process.

Council officers completed the EOI 2223-043 process via public tender between 2 November 2022 and 9 January 2023. The tender was available on Council’s e-Tendering portal and was accessed by 52 unique logins during the period. EOI 2223-043 was also publicly advertised on Council’s website and Facebook page and was promoted via various media channels.

Engagement planned

Further engagement will be undertaken with all respondents detailing the outcome of the EOI 2223-043 process and resolution of Council.

Financial and Resource Considerations

Merimbula Airport seeks to offset the cost of operating and maintaining the airport through

user charges, via the published fees and charges on Regular Transport Providers (RPT) through

passenger landing fees, landing and parking charges for both recreational and commercial

aircraft usage, and leases and licences for the use of airport land.

Income received from RPT services is directly proportional to passenger numbers at Merimbula

Airport. Council currently receives ‘passenger landing charge’ from all passengers landing and

departing from Merimbula Airport as listed in our adopted Fees and Changes and has budgeted for annual passenger numbers of 60,000 per annum. Council has several fixed costs associated with running the airport to adhere to aviation legislation including the Operation and Management Contract for the Airport.

A commercial market rental assessment was commissioned by Council from Opteon Valuers in September 2022 which indicates the likely market rental for the lease sites based on a m² rate. In accordance with Council’s Management of Leases and Licences Procedure, an updated market rental valuation will be commissioned every five (5) years to determine the appropriate rental for the following five (5) year term. It is Council officers’ recommendation that commercial negotiations are entered into with each prospective lessee to ensure Council receives the maximum financial return for the Merimbula Airport GA Precinct land lease sites.

It is important to note, as with many regional airports across the country, Merimbula Airport is

heavily reliant on both State and Federal grant funding to fund and deliver necessary capital

upgrades to meet the ever-changing aviation legislation and ensure the assets are maintained and upgraded to meet industry standards for airport infrastructure.

Legal /Policy

It is envisaged that parties seeking to secure a lease will be seeking long terms leases up to twenty (20) years. A lease enables exclusive use over land for a specified term and purpose and is considered the best form of agreement if longer-term security of tenure is an important factor to the user of the land – such as where commercial uses are proposed, and major financial outlay is required.

Section 53 of the Real Property Act 1900 (NSW) (RP Act) provides that land leased for more than 3 years must be in the approved form and section 42(1)(d) of the RP Act and the Registrar-General’s Guidelines requires a lease for a term exceeding 3 years to be registered on title.

The Registrar-General’s Guidelines require lease sites to be defined in a deposited plan if total term is of more than 5 years. For this reason, Council is required to subdivide the site for lease purposes and a development application has been submitted for this purpose and is currently under assessment.

A core principle of Council’s Procedure 4.10.3 Management of Leases and Licences is to obtain a financial contribution from users to assist with the costs involved in the management, maintenance, and improvement of the facility. The procedure also aims to determine the most appropriate occupancy arrangements for Council facilities which is what officers have done by running the EOI 2223-043.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

The Airport is a critical element of Council’s transport strategic direction and its management

and the provision of RPT services into the future will be critical to ensure the best outcomes

for the community.

Bega Valley Community Strategic Plan 2040:

B.5. Collaborate with stakeholders to develop and enhance the economic opportunities provided by the Port of Eden, Merimbula Airport, East-West freight corridor, tourism services and facilities.

D.8. Collaborate with relevant parties to grow the passenger numbers through key transport links at Merimbula Airport and Eden Port.

Delivery Program:

6.12.12- Develop and manage Council’s owned and managed land portfolio.

The EOI submissions received were evaluated based on the following criteria:

Potential benefits to the regional economy, jobs creation and regional business environment

Potential synergies with other users of the Merimbula Airport General Aviation Industry Precinct and local business

Track record in the aviation industry and the experience of key personnel

Aircraft type/s, number and indicative operational frequencies that may affect airfield upgrade requirements, airfield capacity and community/ environmental impacts

Vision and depth of commitment to the proposal

Business sustainability and viability of the proposal

Ability of Merimbula Airport to support the proposed operation/s

Additionally, officers considered how the proposals satisfied the objectives of:

1. Demonstrated financial capacity to deliver the development and/or proposed business

2. Any other advantage or risk to Council.

Environment and Climate Change

There is no environment and climate change matters associated with the proposed GA Precinct leases.

Economic

The economy of the Bega Valley has been traditionally dominated by primary industry including agriculture, forestry, and fishing. While these industries are still significant, several other key sectors have developed including manufacturing, tourism, and remote area employment for which Merimbula Airport is complementary.

There is growing momentum for projects linking air freight to and from the area. The airport, as part of the regional/national transport network, provides access to business markets and thereby significant support to the local economy and at the same time airport operations generate a direct economic benefit.

Risk

In determining its direction, Council should consider several risks associated with this matter including but not limited to:

· Reputational risk in relation to the community's view on how Council is handling the matter i.e., allocation of competitive sites on a best financial return basis and decline of submissions for non-aviation related businesses.

· Financial risk in relation to the ongoing liabilities related to operation and maintenance of Merimbula Airport if Council do not obtain best financial return for the lease sites.

· Further risks associated with the occupation of the land lease sites within the Merimbula Airport GA Precinct can be mitigated by way of executing formal lease agreements which contain appropriate indemnity and insurance clauses.

Social / Cultural

Community benefit is arguably the main reason why Council owns and operates an airport. Airport operations are a vital component of an overall integrated transport network, which links the Bega Valley with capital cities and the wider regions.

The airport provides essential links for professional, legal, specialist and medical services as well as passengers for tourism, employment and business.

Attachments

1. Confidential Report - Merimbula Airport GA Precinct land lease EOI (Confidential - As this attachment contains information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business as per Section 10A(2)(c) of the Local Government Act 1993.

2 . Opteon Valuation report - Merimbula Airport General Aviation Precinct (Confidential - As this attachment contains information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business as per Section 10A(2)(c) of the Local Government Act 1993.

3 . Merimbula Airport General Aviation Precinct - Submission 1 (Confidential - As this attachment contains information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business as per Section 10A(2)(c) of the Local Government Act 1993.

4 . Merimbula Airport General Aviation Precinct - Submission 2 (Confidential - As this attachment contains information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business as per Section 10A(2)(c) of the Local Government Act 1993.

5 . Merimbula Airport General Aviation Precinct - Submission 3 (Confidential - As this attachment contains information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business as per Section 10A(2)(c) of the Local Government Act 1993.

6 . Merimbula Airport General Aviation Precinct - Submission 4 (Confidential - As this attachment contains information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business as per Section 10A(2)(c) of the Local Government Act 1993.

7 . Merimbula Airport General Aviation Precinct - Submission 5 (Confidential - As this attachment contains information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business as per Section 10A(2)(c) of the Local Government Act 1993.

8 . Merimbula Airport General Aviation Precinct - Submission 6 (Confidential - As this attachment contains information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business as per Section 10A(2)(c) of the Local Government Act 1993.

9 . Merimbula Airport General Aviation Precinct - Submission 7 (Confidential - As this attachment contains information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business as per Section 10A(2)(c) of the Local Government Act 1993.

10 . Merimbula Airport General Aviation Precinct - Submission 8 (Confidential - As this attachment contains information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business as per Section 10A(2)(c) of the Local Government Act 1993.

11 . Merimbula Airport General Aviation Precinct - Submission 9 (Confidential - As this attachment contains information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business as per Section 10A(2)(c) of the Local Government Act 1993.

12 . Merimbula Airport General Aviation Precinct - Submission 10 (Confidential - As this attachment contains information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business as per Section 10A(2)(c) of the Local Government Act 1993.

13 . Merimbula Airport General Aviation Precinct - Submission 11 (Confidential - As this attachment contains information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business as per Section 10A(2)(c) of the Local Government Act 1993.

14 . Merimbula Airport General Aviation Precinct - Submission 12 (Confidential - As this attachment contains information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business as per Section 10A(2)(c) of the Local Government Act 1993.

15 . Merimbula Airport General Aviation Precinct - Submission 13 (Confidential - As this attachment contains information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business as per Section 10A(2)(c) of the Local Government Act 1993.

16 . Merimbula Airport General Aviation Precinct - Submission 14 (Confidential - As this attachment contains information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business as per Section 10A(2)(c) of the Local Government Act 1993.

17 . Merimbula Airport General Aviation Precinct - Submission 15 (Confidential - As this attachment contains information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business as per Section 10A(2)(c) of the Local Government Act 1993.

18 . Merimbula Airport General Aviation Precinct - Submission 16 (Confidential - As this attachment contains information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business as per Section 10A(2)(c) of the Local Government Act 1993.

19 . Merimbula Airport General Aviation Precinct - Submission 17 (Confidential - As this attachment contains information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business as per Section 10A(2)(c) of the Local Government Act 1993.

20 . Merimbula Airport General Aviation Precinct - Submission 18 (Confidential - As this attachment contains information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business as per Section 10A(2)(c) of the Local Government Act 1993.

21 . Merimbula Airport General Aviation Precinct - Submission 19 (Confidential - As this attachment contains information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business as per Section 10A(2)(c) of the Local Government Act 1993.

22 . Merimbula Airport General Aviation Precinct - Submission 20 (Confidential - As this attachment contains information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business as per Section 10A(2)(c) of the Local Government Act 1993.

Council 22 March 2023

Item 10.2

10.2. Report on Implementation of Council's Operational Plan 2022-23

This half yearly review provides Council with a status update on the progress of delivering the 2022-23 Operational Plan.

Director Business & Governance

Officer’s Recommendation

That Council:

Receive and note the 2022-23 Operational Plan progress report for the period 1 July 2022 to 30 December 2022.

Executive Summary

At 31 December 2022, 86% percent of the 2022-23 Operational Plan activities were listed as completed or on track to be delivered by 30 June 2023. Eleven percent of activities were identified as off track and 2% of activities were withdrawn largely as a result of resourcing challenges.

Background

The purpose of the Operational Plan half yearly review is to track the progress of activities outlined in Council’s adopted 2022-23 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 themes is provided in Attachment 1.

A range of corporate measures are recorded for analysis and reporting purposes. Attachment 2 provides several highlights from the corporate measures captured for the July- December 2022 period.

As part of the adoption of the 2023-23 Operational Plan (Resolution 124/22- 29 June) a new operational plan action was added.

Action: Develop and adopt an advocacy plan to address the financial impacts on Council from decisions of other levels of government including inadequate distribution of tax revenue and cost shifting.

Progress Comment: Council continues to advocate for the needs of the Bega Valley community. Several motions were submitted to the Local Government NSW Annual Conference in October 2022 and were related to audit arrangements, changes to residential lease termination provisions, doctor servicing of local hospitals, funding of pensioner rebates, grants administration, investment in the development of affordable and social housing, renewable energy for buildings and infrastructure, ongoing funding for roads and bridges, skills shortages, social and critical worker housing investment, the role of the arts in the ongoing recovery of Regional NSW, Building Better Regions Grant Program and the continuity of grant programs, electric vehicles, improvements in policy related to short term rental accommodation (STRA), rating of forestry and other currently unrateable government land, election candidates be require to undertake a working with children check and that Council in consultation with the Bega, Eden and Merrimans Local Aboriginal Land Councils advocate to the NSW and Federal Governments to improve the timeliness of how Aboriginal Land Claims and Native Title Claims are being processed.

Council has also provided feedback to the State and Federal Government on a range of matters including a submission to the NSW Department of Planning and Environment on the Draft South East and Tablelands Regional Plan 2041, the Regional Economic Development Strategy- Far South Coast and the rate-peg review being undertaken by the Independent Pricing and Regulatory Tribunal (IPART).

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 this 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.

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 at Bega, Bermagui, Eden and Tura Beach. All adopted documents and progress reports can be found on Council’s website.

Engagement planned

Attachment 1 and 2 of this report is recommended to be published and available on Council’s website. It also becomes an attachment of Council’s annual report that is submitted to the Office of Local Government.

Financial and Resource Considerations

It is recommended that this report be read in conjunction with the December Quarterly Budget Review Statement (FY2023 Q2) which is a separate report that was presented to the 15 February 2023 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 2022-23 Operational Plan was developed to align with the adopted Community Strategic Plan 2042, Delivery Program 2022-25 and Resourcing Strategy 2022-25 including the Long-Term Financial Plan. The facilitation of this being embedded by council is a business-as-usual activity within corporate planning and improvement service. This team is responsible for pulling together the detailed reporting on all the Operational Plan activities 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.

Environment and Climate Change

There are no direct environment and climate change implications associated with presenting this receive and note report.

Economic

Council and its expenditure has 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. Those projects listed as off-track in this progress report are under further review.

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 ⇩. Operational Plan Progress Report - 1 July 2022 to 31 December 2022

2 ⇩. Progress Report - Corporate Measures - July - December 2022

Council 22 March 2023

Item 10.3

10.3. Acquisition of easement for Essential Energy infrastructure at Pambula Sporting Complex

Council officers have identified a need to acquire a formal easement for a new substation over Council managed Crown Land at Pambula Sporting Complex being Lot 449 DP 720916.

Director Business & Governance

Officer’s Recommendation

1. That Council makes an application to Crown Lands for a licence to construct a new substation over Council managed Crown Land at Pambula Sporting Complex being Lot 449 DP 720916.

2. That Council provide Essential Energy with a bank guarantee in the amount of $10,000 to enable network connection prior to the acquisition of an easement being finalised.

3. That once the substation is connected to Essential Energy’s network and is energised, the Crown Land licence be transferred to Essential Energy.

4. That Council enter into a Customer Deed – Crown Land Acquisition with Essential Energy to acquire a formal easement for a new substation over Council managed Crown Land at Pambula Sporting Complex being Lot 449 DP 720916.

5. That all costs associated with creation and grant of the easement including Council’s legal costs, survey work, plan preparation and registration fees be borne by Council.

6. That the Chief Executive Officer and/or Mayor be authorised to execute all necessary documentation in relation to this matter.

Executive Summary

Council approval is being sought to formalise the acquisition of an easement for a new substation over Council managed Crown Land at Pambula Sporting Complex being Lot 449 DP 720916. The works are required as part of the and Pambula Sports Building Project and is funded by the NSW Office of Sport.

Background

At Council’s Ordinary Meeting of 18 May 2022, Council considered the Bega and Pambula Sports Building Projects and resolved as follows:

1. That Council continue to advocate for funding and make funding applications to both the State and Federal Governments to fund the full cost requirements of the Bega and Pambula Sporting complexes.

2. That Council submit a variation request to rescope the current Office of Sport funding agreements to enable Bega Sportsground to move to delivery and for further funding applications to be submitted for the Pambula Sports Building project.

3. Sporting clubs and user groups be encouraged to submit funding applications for various elements within the projects of particular interest to their use and operations.

4. That Council reinforce its commitment to ensure delivery of both projects. Council staff will look at alternative options to finance the Pambula project as a contingency if grant funding is not successful.

The report gave an overview of the projects including project funding. Staff progressed with the resolution and submitted funding variations to the NSW Office of Sport. To maintain progress at the Pambula site, the variation included a project to upgrade electricity supply to Pambula Sporting Complex fully funded by the NSW Office of Sport.

Council officers have received a preliminary construction plan which is attached for the information of councillors. The plan includes the new electrical substation and easement details.

Council is the Crown Land Manager of Lot 449 DP 720916 being reserve R98164 gazetted on 9 May 1986 for the purposes of Public Recreation and Showground.

As Council do not have a Plan of Management for the site that permits the granting of easements, a compulsory acquisition process will need to be progressed to acquire the easement. Essential Energy is an authorised party pursuant to Section 44 Electricity Supply Act 1995 to acquire easements over Crown Land through the compulsory process in accordance with the procedures set out in the Land Acquisition (Just Terms Compensation) Act 1991 and have confirmed they will be facilitating this acquisition.

Essential Energy have confirmed construction prior to the acquisition being finalised is possible but Council will be required to enter into a licence to construct with Crown Lands before any construction can commence. A Customer Deed – Crown Land Acquisition will be prepared by Essential Energy for execution by Council and construction works cannot commence until Essential Energy has certified the design and the Customer Deed has been executed by both parties.

By entering into the Customer Deed, Essential Energy makes a concession that the easement need not have been finalised by the time the customer connects to the network. To mitigate any risk associated with making this concession, a condition of the Customer Deed is to provide Essential Energy with a Bank Guarantee and once the electrical works are connected to Essential Energy’s network and energised, the licence will need to be transferred or a new licence negotiated with Crown Lands to Essential Energy. It is noted that any construction carried out prior to acquisition is to be carried out entirely at Council’s risk.

Options

The options available to Council are:

1. Proceed with the officer recommendation to enter into a licence with Crown Lands to enable construction of the new substation to commence and enter into a Customer Deed with Essential Energy to progress the acquisition of an easement for the new substation over Council managed Crown Land at Pambula Sporting Complex being Lot 449 DP 720916.

2. Delay construction works to negate the need to enter into a licence with Crown Lands and proceed to enter into the Customer Deed with Essential Energy to acquire an easement for the new substation over Council managed Crown Land at Pambula Sporting Complex being Lot 449 DP 720916. Noting this option will have adverse impacts on delivery of the project which is fully funded by the NSW Office of Sport.

Community and Stakeholder Engagement

Engagement undertaken

Council officers have been consulting with the Essential Energy Conveyancing Team in relation to the proposed easement for a new substation over Council managed Crown Land at Pambula Sporting Complex being Lot 449 DP 720916.

Engagement planned

Council officers will continue to liaise with Crown Lands, Essential Energy and legal representatives following the resolution of Council to progress this matter.

Financial and Resource Considerations

All costs associated with creation of the easement will be funded from the project. There is an amount of $230,000 allocated to the power upgrade component of the project.

Essential Energy have estimated costs associated with the acquisition of the easement as follows:

· Essential Energy solicitor fees - $12,000 - $15,000

· Crown Land application fee - $550

· Valuer General valuation fees per property and per interested party - $5,000

· Anticipated compensation payable determined by the Valuer General per interested party - $5,000

· Crown Search fees - $500

· Registration fees - $500.

Legal /Policy

As outlined in the background Essential Energy is an authorised party pursuant to Section 44 Electricity Supply Act 1995 to acquire easements over Crown Land through the compulsory process in accordance with the Land Acquisition (Just Terms Compensation) Act 1991.

A Ministerial submission is required seeking consent from Essential Energy’s Minister to issue Proposed Acquisition Notices (PANs). A second submission is required seeking further consent from Essential Energy’s Minister and consent from the Governor of NSW to publication of the Acquisition Notice in the NSW Government Gazette. This process takes approximately nine (9) months. Native Title, Aboriginal Land claims and third-party interests need to be addressed through this process. PANs are generally required to be given to ensure compliance with administrative and procedural law requirements. It is essential Aboriginal Land claims are identified as early as possible and consent from claimants is firstly required. In some cases, the acquisition cannot proceed if there are issues with claims and consent.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

Bega Valley Community Strategic Plan 2040:

· D.4. Plan for, develop and maintain sport and recreation spaces and facilities.

Delivery Program 2022-25:

· D5.1 - Manage boating infrastructure, sporting grounds, parks and gardens, natural areas and public amenities through development, implementation and review of policies, plans, programs and procedures.

· D5.4 - Undertake capital projects to improve recreation facilities, boating infrastructure, public toilets and sporting grounds and facilities.

· D5.4.5 Progress with and deliver projects - Sports - Bermagui Stadium Renovations, Bermagui Outdoor Courts, Barclay Street Soccer Floodlights, Pambula Sports Building, Bega Sports Building.

Additionally, the report is consistent with the outcomes of the Pambula Sporting Complex Masterplan 2016 and the Sportsgrounds Facility Management Plans (Sporting Facilities – all sites).

Environment and Climate Change

Environment and Climate Change considerations are not applicable to the creation of the easement.

Economic

There are no major economic benefits/impacts associated with the creation of the easement.

Risk

In accordance with Council’s Acquisition and Disposal of Land Procedure, acquisition of land and interests in land by BVSC requires a formal process that ensures probity, due diligence, analysis of risk and other key issues.

The risks and mitigations associated with this report have been outlined and addressed under the background section of this report.

Social / Cultural

There are no relevant social / cultural impacts associated with the creation of the easement.

Attachments

1 ⇩. Pambula Sporting Complex preliminary construction plan

Council 22 March 2023

Item 10.4

10.4. Certificate of Investment February 2023

This report details Council’s cash and investments at the end of February 2023.

Director Business & Governance

Officer’s Recommendation

1. That Council receive and note the report on Council’s investment position at 28 February 2023.

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

Executive Summary

I, Alisa Williams, as the Acting Responsible Accounting Officer of Bega Valley Shire Council, 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 2021.

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

On 28 February 2023 the total capital value of cash and investments was $117,357,442.07 with 87.34% of Council’s investment portfolio directed to term deposits and the remainder held in cash deposit accounts. Council has earned year to date interest income of $1,128,251 which is 73% of the projected budget amount.

The value of outstanding government grant debtors at 28 February 2023 is $6,307,385.79.

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.

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 28 February 2023 is detailed below:

Issuer	Rating	Type	Purchase	Maturity	Rate (%)	Capital Value ($)
Commonwealth Bank	AA-	CASH	-	-	3.35	2,728,675.25
Commonwealth Bank	AA-	CASH	-	-	3.45	12,000,000.00
NSWTC IM SCF	AA-	CASH	-	-	-	128,766.82
BOQ	BBB+	TD	10/02/2022	16/03/2023	0.96	5,000,000.00
Commonwealth Bank	AA-	TD	28/04/2022	28/04/2023	2.71	5,000,000.00
Westpac	AA-	TD	10/02/2022	11/05/2023	1.00	5,000,000.00
Commonwealth Bank	AA-	TD	02/06/2022	08/06/2023	3.23	5,000,000.00
NAB	AA-	TD	11/01/2023	13/06/2023	4.24	5,000,000.00
NAB	AA-	TD	09/02/2023	10/07/2023	4.30	2,500,000.00
AMP Bank	BBB	TD	03/02/2022	02/08/2023	1.35	5,000,000.00
Commonwealth Bank	AA-	TD	11/08/2022	11/09/2023	4.01	2,000,000.00
Commonwealth Bank	AA-	TD	19/09/2022	19/09/2023	4.32	2,000,000.00
Commonwealth Bank	AA-	TD	26/08/2022	26/10/2023	4.17	2,000,000.00
NAB	AA-	TD	24/02/2023	24/11/2023	4.77	3,000,000.00
NAB	AA-	TD	09/02/2023	11/12/2023	4.60	5,000,000.00
NAB	AA-	TD	10/02/2022	14/12/2023	1.43	5,000,000.00
NAB	AA-	TD	17/01/2022	17/01/2024	1.25	2,500,000.00
NAB	AA-	TD	28/02/2023	29/01/2024	4.92	2,000,000.00
Westpac	AA-	TD	08/02/2022	08/02/2024	1.59	10,000,000.00
Westpac	AA-	TD	09/02/2023	11/03/2024	4.75	5,000,000.00
P&N Bank	BBB	TD	15/12/2022	15/04/2024	4.60	5,000,000.00
Commonwealth Bank	AA-	TD	10/02/2022	16/05/2024	1.65	5,000,000.00
NAB	AA-	TD	24/02/2023	24/06/2024	5.00	2,500,000.00
NAB	AA-	TD	28/02/2023	29/07/2024	4.98	2,000,000.00
Commonwealth Bank	AA-	TD	10/02/2022	15/08/2024	1.75	5,000,000.00
Westpac	AA-	TD	30/09/2022	03/10/2024	4.78	2,000,000.00
Commonwealth Bank	AA-	TD	15/12/2022	16/12/2024	4.59	5,000,000.00
Westpac	AA-	TD	08/02/2022	10/02/2025	2.00	5,000,000.00
Total cash and investments						$117,357,442.07

Interest earned for February 2023	$182,054
Financial year to date interest earned	$1,128,251
Budgeted interest for 2022/2023 financial year – December QBRS	$1,544,250
Percentage of the 2022/2023 budget earned by council	73%

The COVID-19 pandemic adversely impacted financial markets, which in turn, also affected Council’s investment portfolio. After global central banks set official interest rates to emergency levels during the height of the pandemic in 2020, financial markets have transitioned to recovery phase resulting in us seeing an increase in interest rates. Domestically, the RBA continues to signal that it expects to increase interest rates over coming months. Thereafter, noting the lags in monetary policy, a pause around the end of Q2-Q3 2023 is likely whilst the RBA monitors the economic data.

Council’s investment portfolio is largely directed towards term deposits (87.34%). The remainder of the portfolio is held in cash deposit accounts with CBA and TCorp (12.66%).

The investments held by Council remain sufficiently liquid with 69% of investments maturing within the next 12 months.

As at 28 February 2023, Council’s portfolio was yielding 2.98% (up 44bp from the previous month) with a weighted average duration of 311 days. As council’s existing term deposits mature and new funds become available, we can expect yield on investments to increase.

Council is utilising the platform Imperium Markets, to assist in conducting, managing, and reporting on council’s investments. This provides an automated process of sourcing quotes and investing monies which is allowing Council to better address investment risks. Additional to the platform, Imperium Markets are providing investment advice on the surrounding market conditions and how council can maximise returns within the Ministerial order and Council’s investment policy.

Table 1: Investments by Fund $’000
Fund	December-2022	January-2023	February-2023
General Fund	42,192	42,766	47,475
Water Fund	21,590	21,521	22,499
Sewer Fund	45,110	45,340	47,383
TOTAL	108,892	109,627	117,357

Each Fund’s allocation can only be utilised for 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 and reflects adjustments adopted by Council on 15 February 2023 in the December Quarterly Budget Review Statement (QBRS). It includes the balance of restrictions projected at 30 June 2023.

Source of Funds	Value
Total Cash and Investments at 28 February 2023	$117,357,442
External Restrictions	$52,636,590
Internal Restrictions	$13,552,024
Unrestricted Funds	$51,168,828
Budgeted expenditure to 30 June 2023	$58,378,123
Expected unrestricted funds balance at 30 June 2023	($7,209,295)

The value of outstanding government grant debtors on 28 February 2023 is $6,307,385.79 with $1,526,938.40 aged 4+ months. Council continues to work with our funding partners to reduce these debts.

Legal /Policy

Section 625 of the Local Government Act 1993 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 2021 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).

CSP Theme: Our civic leadership – Local leadership is strong, consultative and responsive to our community’s needs

CSP Strategy: E.4 Council has robust financial management processes to ensure ongoing viability and value for money

Delivery Program: E4.2 - Ensure Council’s revenue streams are maximised

Operational Plan: Finance - core business: Manage Council’s borrowings and investments in accordance with council’s financial strategy

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.

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.

Risk management means our investments are made giving regard to key criteria of counterparty, credit quality and maturity compliance.

Since the recent adoption of the new investment policy there has been a slight ‘overweight’ position to CBA (AA-). The large allocation to CBA (AA-) is primarily due to the significant overnight cash at-call balances (around $15m) held with CBA (AA-) – this can easily be rectified by placing surplus funds with other institutions, as well as redeeming upcoming maturing deposits with CBA (AA-).

All other individual banks are within the policy limits. The portfolio is lightly diversified, not only by counterparties, but also the terms of investment.

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

Legend: Compliant Non-Compliant

Social / Cultural

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

Attachments

Nil

Council 22 March 2023

Item 10.5

10.5. Presentation of Financial Statements and Qualified Audit Report for the Year Ended 30 June 2022

Council’s Financial Statements and Qualified Audit Report for the Year Ended 30 June 2022 is presented for the information of Councillors and the community. They have been placed on public notice for seven (7) days for members of the public to provide comments.

Director Business & Governance

Officer’s Recommendation

That Council receive and note the report on Financial Year 2022 Audited Financial Statements and the qualified report on the conduct of the audit.

Executive Summary

Council’s FY2022 Financial Statements and qualified audit report are presented for the information of Councillors and the community. Council received a qualification on its audit on the basis that Rural Fire Service fleet assets were not recognised within ‘Infrastructure, property, plant and equipment’ in the Statement of Financial Position.

Throughout the audit process there have been several requests from council’s auditors to seek extensions to the lodgement date from the Office of Local Government (OLG). The most recent request was received from council’s auditors to seek an extension from the Office of Local Government (OLG) to extend the due date and lodge our financial statements by 28 February 2023. This was approved by OLG. Council referred the financial statements to the auditors on 19 October 2022 and again following some changes to asset indexation values on the 15 February 2023.

It is a requirement to present the Auditors report to Council within five weeks of the receipt of the Auditors report. Council received the audit report on the 28 February 2023.

Background

The financial statements for the year ended 30 June 2022 were completed and submitted for audit to the Audit Office of NSW (Deloitte).

The draft financial statements were circulated to Audit, Risk & Improvement Committee (ARIC) in September 2022 at which the NSW Audit Office and Deloitte representatives provided a briefing to ARIC on the observations of the Audit.

This report provides a summary of the financial results.

Prior to the council meeting the Auditors will make a presentation to Council and provide comments on the audited financials, observations made during the audit and answer questions.

Options

This report presents no options as it is an administrative process to meet Council’s legislative obligations.

Community and Stakeholder Engagement

Audited Financial Statements are one of the key points of accountability between Council and our community. By providing these documents to the public, council demonstrates financial transparency.

Reviewing financial results on an annual basis provides an indication of council’s ability to provide goods, services and facilities and to carry out activities appropriate to the current and future needs of the local community and the wider public.

The Financial Statements are attached to the published 2021-2022 Annual Report and made available to the public on Council’s website and hard copies available at Council’s libraries.

Engagement undertaken

Key stakeholders in preparation of the financial statements include the auditors, Office of Local Government and ARIC committee. Extensive internal stakeholder engagement across many functional areas of Council has been required to finalise the statements.

Engagement planned

Council is required under section 418 of the Local Government act 1993 (NSW) to give public notice of the presentation of the financial reports, this notice was provided on Councils website on 3 March 2023.

In accordance with Section 420 of the Local Government Act 2093 (NSW), any person may make a submission in writing to Council with respect to the Council’s Audited Financial Statements or the Auditor’s Reports within seven (7) days after the date on which the reports are presented to Council.

Financial and Resource Considerations

The commentary below provides some items of note in the General Purpose Financial Statements (GPFS).

Operating Result

The operating result (before capital) is a surplus of $14.9 million. This result is better than the original budget of $1.5 million deficit. The major contributing factor for the actual versus expected is prepayment of Councils Financial Assistance Grant increased to 75% and Disaster Recovery Grant opportunities.

Cash and Investments

Council’s cash and investment balance has improved in FY22 with total cash and cash equivalents of $105 million. Council had external restrictions (water, sewer, developer contributions, unexpended grants and loans) of $82 million and internal restrictions of $22.5 million the remaining unrestricted cash is $0.5 million.

Operating Results by Fund

The statements include a breakdown of the income statement and financial position for the General, Water and Sewer funds.

For the year ending 30 June 2022, the General Fund shows an operating surplus of $3 million dollars.

FY2022 Result	General (‘000) $	Water (‘000) $	Sewer (‘000) $
Net Operating Result	49,293	4,912	3,732
Net Operating result before Capital Grants & contributions	12,232	(336)	3,002

Financial Performance Ratios (Consolidated)

	FY22 (‘000)	FY21 (‘000)	Benchmark
Operating Performance ratio	11.77%	2.89%	>0.00%
Own Source Revenue ratio	46.62%	53.62%	>60%
Unrestricted Current Ratio	2.13x	1.20x	>1.5x
Debt Service Cover Ratio	9.01x	5.72x	>2.0
Rates outstanding percentage	5.31%	7.23%	<10% Rural
Cash expense cover ratio	12.26 months	11.77 months	>3 months

The key performance measures indicated in the table above shows that as a consolidated entity, Council has achieved a positive operating result.

Observations

· Own source revenue is lower than the benchmark, a result of the high rate of grants that Council has received.

· The unrestricted ratio is a measure of Councils ability to pay its current liabilities. Since it deals with only unrestricted asset and liabilities, it is a General Fund performance measure. The result of 2.89 has improved since 2021.

· The debt service ratio is a measure of Council’s ability to service its loans. As Council’s borrowing increases this ratio decreases.

· The cash expense cover ratio includes the restricted and unrestricted cash. Whilst the ratio is healthy it should be noted that restricted cash is only available for the specific purpose it was collected for.

Statement of Performance Measures (Ratio) \| General Fund	Benchmark	FY2022
Operating Performance ratio	>0.00%	12.87%
Own source operating revenue ratio	>60.00%	36.12%
Unrestricted current ratio	>1.50x	2.13x
Debt service cover ratio	>2.00x	12.18x
Rates, annual charges, interest and extra charges outstanding percentage	<10.00%	5.61%
Cash expense cover ratio	>3.00 months	12.59 months

Statement of Performance Measures (Ratio) \| Water Fund	Benchmark	FY2022
Operating Performance ratio	>0.00%	(2.66)%
Own source operating revenue ratio	>60.00%	69.76%
Unrestricted current ratio	>1.50x	∞
Debt service cover ratio	>2.00x	∞
Rates, annual charges, interest and extra charges outstanding percentage	<10.00%	4.87%
Cash expense cover ratio	>3.00 months	10.09 months

Statement of Performance Measures (Ratio) \| Sewer Fund	Benchmark	FY2022
Operating Performance ratio	>0.00%	15.86%
Own source operating revenue ratio	>60.00%	95.96%
Unrestricted current ratio	>1.50x	176.28x
Debt service cover ratio	>2.00x	3.88x
Rates, annual charges, interest and extra charges outstanding percentage	<10.00%	4.6%
Cash expense cover ratio	>3.00 months	12.33 months

The (unaudited) Infrastructure report provides additional KPI’s regarding Council performance in the management of community infrastructure. Below is a summary of the performance against the benchmarks, both consolidated and by fund.

Report on Infrastructure Assets (Ratio) \| Consolidated	Benchmark	FY2022
Buildings and infrastructure renewals ratio	>=100.00%	143.79%
Infrastructure backlog ratio	<2.00%	2.19%
Asset maintenance ratio	>100.00%	90.86%
Cost to bring assets to agreed service level	NA	1.55%

Report on Infrastructure Assets (Ratio) \| General Fund	Benchmark	FY2022
Buildings and infrastructure renewals ratio	>=100.00%	185.84%
Infrastructure backlog ratio	<2.00%	3.18%
Asset maintenance ratio	>100.00%	116.22%
Cost to bring assets to agreed service level	NA	2.35%

Report on Infrastructure Assets (Ratio) \| Water Fund	Benchmark	FY2022
Buildings and infrastructure renewals ratio	>=100.00%	66.34%
Infrastructure backlog ratio	<2.00%	0.00%
Asset maintenance ratio	>100.00%	77.46%
Cost to bring assets to agreed service level	NA	0.00%

Report on Infrastructure Assets (Ratio) \| Sewer Fund	Benchmark	FY2022
Buildings and infrastructure renewals ratio	>=100.00%	89.63%
Infrastructure backlog ratio	<2.00%	0.00%
Asset maintenance ratio	>100.00%	72.14%
Cost to bring assets to agreed service level	NA	0.00%

Financial Performance and Position

FY2022 Result	(‘000) $
	Original Budget	2022 Actual	2021
Total Assets	1,355,149	1,479,615	1,289,764
Total Liabilities	65,204	77,995	76,696
Net Assets	1,289,945	1,401,620	1,213,068
Total Equity	1,289,945	1,401,620	1,213,068

Budget Information

Preparation of this report, the execution of the external audit and the additional support required to have the Financial Statements audited has been undertaken within the Financial Services Administration - General Fund operational budget.

Legal /Policy

Section 413 of the Local Government Act requires a resolution of Council to refer the draft financial statements to audit. This was completed on 15 February 2023.

Section 413 (2c) requires a resolution of Council that the annual financial statements have been prepared in accordance with:

· The Local Government Act 1993 (as amended) and the Regulations made there under

· The Australian Accounting Standard and professional pronouncements,

· The Local Government Code of Accounting Practice and Financial Reporting.

and that, to the best of their knowledge and belief, the financial statements present fairly the operating result and financial position, and accord with Council’s accounting and other records.

Section 418 of the Act requires that as soon as practicable after Council receives a copy of the auditor’s report, it must fix a date for a meeting to present the audited financial statements to the public, and it must make the financial statements available for public inspection for at least seven days prior to the meeting date.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

CSP Theme Our civic leadership – Local leadership is strong, consultative and responsive to our community’s needs

CSP Strategy E.4 Council has robust financial management processes to ensure ongoing viability and value for money

Delivery Program E4.2 - Ensure Council’s revenue streams are maximised

Operational Plan Core business: Preparation of compliant financial reports including audited annual accounts

Environment and Climate Change

The audited financial results at 30 June 2022 provide information that can be used to assess Councils financial position by using the results to calculate the financial sustainability ratios. The benchmarks are defined in the “OLG’s performance indicators from the audited financial statement”.

Economic

Council is a major contributor to the local and regional economy. Assessment of financial performance is a key input of decision making, with the goal to ensuring a financially responsible and effective organisation. As well, an opportunity to assess actual performance against strategic plans, highlighting any challenges and unexpected events that may impact the final results.

Risk

Information in the financial statements and reports assist with analysis of the performance of Council. Following the Audit, Council receives a management letter that describes areas of risk identified and makes recommendations for areas that Council should give attention. In addition, Council Officers review the reports and undertake internal analysis of the results, providing an opportunity for strategic and organisational risks to be identified and captured in accordance with our Enterprise Risk Management Framework. Controls to manage these identified risks is the function of the Audit, Risk and Improvement Committee and the annual external audit process.

Social / Cultural

Reporting of financial performance in a timely manner that meets legislative requirements, builds confidence in the management and leadership of the Council. Benchmarking against similar Councils (Category 4) allows for context in the local government environment.

Financial decisions impact the social and cultural aspects of Council’s operations in the community. The Financial Statements provide an annual summary of the impact of those decisions at a point in time; that being, the end of financial year (30 June 2022) that is used to inform future decisions and direction.

Attachments

1 ⇩. Bega Valley Shire Councils Annual Financial Statements 2022

Council 22 March 2023

Item 10.6

10.6. Submission - Inquiry into the implications of severe weather events on the national regional, rural and remote road network

This report seeks retrospective endorsement of a submission to a Federal Inquiry and recommends the submission forms the basis of ongoing advocacy to both levels of Government.

Chief Executive Officer

Officer’s Recommendation

1. That Council endorses the submission attached to this report submitted to the Federal Government Inquiry into the implications of severe weather events on the national, regional, rural, and remote network

2. That the submission forms the basis of an ongoing advocacy platform to both levels of Government

Executive Summary

The Federal Government has established an Inquiry into the implications of severe weather events on the national, regional, rural, and remote network. This report provides information on the inquiry as well as presenting submissions for endorsement.

Background

The Federal Government has established an Inquiry into the implications of severe weather events on the national, regional, rural, and remote network. Full details of the inquiry are available at the link below:

Inquiry into the implications of severe weather events on the national regional, rural, and remote road network – Parliament of Australia (aph.gov.au)

The Canberra Region Joint Organisation (CRJO) engaged the services of a consultancy to develop a comprehensive submission in collaboration with CRJO member Council’s. Bega Valley Shire Council’s Chief Executive Officer played a key role in guiding and working with the consultant to form the report with the consultant working closely with member Council’s to gather extensive relevant data.

As a result of the work undertaken a submission was recently endorsed by the CRJO board which is attached to this report.

Subsequently a Bega Valley submission was prepared referencing and endorsing the CRJO submission with some further overarching commentary also attached to this report.

The key recommendations in the BVSC submission (many duplicating the CRJO submission) are as follows:

RECOMMENDATIONS

This submission calls on the Australian Government to:

• Increase the Australian Government’s Roads to Recovery Program from $500m to $1B per annum on-going across Australia from 2023-24.

• Index the annual Roads to Recovery allocations aligned to the construction cost index plus the growth in the road asset base to maintain funding levels in real terms.

• Revise the Roads to Recovery Statement of Intent to include the development of local road resilience plans and the integration of natural disaster adaptation strategies into Council transport, asset management, long term financial plans, delivery programs and annual budgets.

• Allow Councils to utilize Roads to Recovery funding to develop road resilience, road safety and road network management plans on a one-off 50/50 funding basis with a maximum limit of $50,000 per Council (subject to increasing the overall funding).

• Decouple the roads component of the Local Roads and Community Infrastructure Program and extend a new $250m per annum Community Infrastructure Program 2025-26 onwards.

• As a minimum, double the Australian Government’s Bridge Renewal Program from $85m per annum to $170m per annum to target improving the resilience of local road routes (with a priority on replacing timber/hybrid bridges, causeways and other vulnerable structures).

• Work with Local Government NSW and the NSW Government to negotiate the removal of emergency services levy charges from NSW Councils for the NSW Rural Fire Service, State Emergency Services and NSW Fire and Rescue in return for a commitment from Councils to develop formal road resilience plans and spending the equivalent amount of funds on the resilience of roads for a period of not less than five (5) years.

• Develop new guidelines for the Natural Disaster Funding Arrangements to allow increased flexibility to build back better with fast efficient approval mechanisms suited to enabling timely recovery work post-disaster.

• Work with State Governments to ensure improved arrangements are put in place for the provision and on-going care of roads servicing large scale green power projects such as wind and solar farms to reduce the cost shift to Local Government.

• Work with State Governments to reduce red tape and provide additional Government resources to enable faster approvals for road infrastructure construction, maintenance and management, including during disaster recovery works.

• Provide a financial incentive program to assist Local Government employ, train and develop new Cadet Engineers.

• Work with professional bodies such as the Institute of Public Works Engineering Australasia to rebuild the capacity and skills of public works personnel within and servicing Local Government, with a specific focus on whole of road network planning, road drainage, road pavements and road surfacing.

• Work with universities to increase the focus on whole of road network planning, road drainage, road pavements and road surfacing in future Engineering degree course curriculum.

• Continue to support apprenticeship programs to develop new and existing workers in the operational skills required to build and maintain roads.

• Support on-going research into cost effective resilient road materials and independent product review by specialized bodies such as the National Transport Research Organisation (previously ARRB) with appropriate guidelines and training programs to imbed this into practice.

• Continue to collaborate with State and Local Governments, business and the international community to address longer term climate change.

The CRJO submission also identifies examples of the development of more resilient routes for roads and highlights the critical role some Council roads play in providing a more resilient transport network in parallel to the State highways network. Collaboration across Governments (including across State borders) to develop these alternate routes will accelerate positive outcomes in overall community resilience and help drive economic development and higher productivity outcomes across regional Australia.

The submission also identifies a range of known proven resilience improvement techniques, including:

i) focusing efforts on the sound engineering improvements that will have a major positive benefit, the most important being bridges, stormwater structures and drainage improvement (including maintenance), road pavements and road resurfacing.

ii) ensuring all Councils have appropriate risk management policies and codes of practice in place linked to road hierarchy and available resources, to prioritise defects.

iii) rebuilding the skills and capacity of the existing and future workforce in the fundamentals of road network management, construction and maintenance.

iv) simple modifications to current road standards.

v) proven products with further research required on those being tested or under trial.

vi) wider use of technologies to improve the quality of outcomes.

vii) identification of increasing challenges to resilience (such as the adverse impacts of higher mass and autonomous vehicles, and the adverse impacts of large scale green power projects on local roads), and development of solutions.

The submission attached to this report provides further context and much greater detail.

Options

Council may either endorse the submission attached to this report or not. Council may also choose to either add to or refine the attached documents for future advocacy.

Community and Stakeholder Engagement

There has been limited targeted stakeholder or community engagement in relation to the submission referred to in this report. There has been ongoing strong community sentiment and feedback towards the need for roads and bridges that can withstand the impacts of natural disaster which was taken onboard in preparation of the submission.

The submission of the CRJO was developed in close collaboration with Councils from across the Canberra Region facing similar issues, noting that the Bega specific submission did address some local nuances.

Engagement undertaken

There has been limited targeted stakeholder or community engagement in relation to the submission referred to in this report.

Engagement planned

It is intended that the submission will be presented to a range of Government stakeholders with the intent of driving the necessary changes identified in the submission.

Financial and Resource Considerations

There are no direct financial consequences associated with the content of this report. The submissions attached to this report detail a number of financial considerations relating to the road and broader transport network. The underlying theme of the submissions are that current road funding models are inadequate to provide safe reliable and resilient transport networks that optimise investment across the network.

Legal /Policy

The submissions attached to this report outline several key policy changes recommended of Federal Government.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

The submissions attached to this report align with numerous strategic priorities of Council particularly relating to asset management, long term financial planning and provision of safe, reliable and resilient transport networks. The report and attachments also reflect on the overall financial sustainability of local government, particularly in a NSW context as managers of large transport networks with artificially limited revenue streams.

Environment and Climate Change

The terms of the inquiry directly relate to the impacts of severe weather events on the road and transport network. The submissions attached to this report clearly outline the vulnerabilities of road networks associated with increasingly frequent severe weather events including flooding and fires.

Economic

The submissions attached to this report outline a number of economic impacts associated with damage to road networks as a result of severe weather events and natural disasters. The report outlines how a shift in focus to pre-emptive and proactive infrastructure investment from Government can significantly reduce the overall negative economic impacts of transport network failures.

Risk

A key focus of the submissions attached to this report is aimed at minimising long term financial risk, risk to life and property and minimising economic risk which has continued to escalate as a result of transport networks failing during and after sever weather events and disasters.

Social / Cultural

One of the clear impacts of failing and vulnerable transport networks is the social associated with the loss of access, particularly to essential goods and services. There have been numerous examples in the Bega Valley in recent years where loss of network connectivity and isolation has resulted in significant social impacts. This also explained in the submissions attached to this report.

Attachments

1 ⇩. Canberra Region Joint Organisation Submission - Inquiry into the implications of severe weather events on the National Regional, Rural and Remote Road network

2 ⇩. Bega Valley Shire Council Submission - Inquiry into the implications of severe weather events on the National Regional, Rural and Remote Road network

Council 22 March 2023

Item 10.7

10.7. Lincoln Place - Voluntary Planning Agreement

This report details the agreement between Council and Lincoln Place MHE Pty Limited associated with development consent 2019.432 at Storey Avenue, Eden.

Chief Executive Officer

Officer’s Recommendation

1. That Council receive and note the report.

2. That Council progresses the public advertisement for the Voluntary Planning Agreement between Bega Valley Shire Council and Lincoln Place MHE Pty Limited for a period of 28 days in accordance with section 7.5(1) of the Environmental Planning & Assessment Act 1979 (NSW).

3. That the Chief Executive Officer be authorised to execute the Voluntary Planning Agreement between Bega Valley Shire Council and Lincoln Place MHE Pty Limited and any necessary documentation to affect the creation of easements to drain water in favour of Council over the private land.

Executive Summary

The proposed development at 6 Storey Avenue, Eden requires significant stormwater management works and the creation of easements in favour of Council. At the same time it has presented an opportunity for alignment between existing road and drainage improvements and the development related works. This has resulted in an agreement between Council and Lincoln Place MHE Pty Limited in the form of a Voluntary Planning Agreement (VPA) to ensure the monetary contribution to Council for these works is appropriately managed in accordance with the legislation.

Council is now required to publicly exhibit the VPA in accordance with the Environmental Planning & Assessment Act 1979 (NSW) (EPA Act) and Environmental Planning and Assessment Regulation 2000 (Regulations).

Background

Council has granted development consent (DA 2019.432) to the development application lodged by Lincoln Place MHE Pty Limited for multi-dwelling housing and a 16 lot torrens title subdivision of Lot 101 DP 1275822 at 6 Storey Avenue, Eden.

Lincoln Place MHE Pty Limited made an offer to pay a monetary contribution to Council towards the cost of upgrading public stormwater infrastructure in the vicinity of the development. The development and consent require Lincoln Place MHE Pty Limited to undertake various stormwater management works to manage stormwater discharge from the land. As well as the registration of easements to drain water in favour of Council, to enable Council to access, service, repair and maintain that infrastructure.

Lincoln Place MHE Pty Limited proposes to reconfigure and redirect stormwater through and from the land in a different manner to what the current configuration is. This impacts the Storey Ave Road reserve owned by Council as the road authority. The public stormwater infrastructure located within the Storey Ave Road reserve will need to be upgraded to accommodate stormwater discharge and transfer reconfiguration from the development and other development within the Eden and Lake Curalo catchment that drains to the Storey Ave Road reserve.

In recognition of the benefit Lincoln Place MHE Pty Limited will obtain from the works, Lincoln Place MHE Pty Limited has agreed to provide a contribution to Council to assist with funding the works which has been agreed in the form of a VPA as set out by section 7.4 of the EPA Act.

Options

The options available to Council are as follows:

1. Progress the public advertisement for the VPA for a period of 28 days in accordance with section 7.5(1) of the EPA Act.

2. Advise Lincoln Place MHE Pty Limited that Council does not agree to progress the public advertisement for the VPA. Noting this option will prevent this matter from progressing and Council may be liable for damages as a result.

3. Other options as resolved by Councillors.

Community and Stakeholder Engagement

Engagement undertaken

Significant consultation with Lincoln Place MHE Pty Limited has taken place since the development consent was issued and the VPA is now in an agreed form and ready for public exhibition.

Engagement with external legal providers has also occurred in relation to this matter.

Engagement planned

Before a VPA can be entered into, section 7.5(1) of the EPA Act requires it to be publicly notified for at least 28 days. Additionally, clause 25D(1) of the Regulations, requires the public notification to be given:

if practicable, as part of and contemporaneously with, and in the same manner as, any notice of the development application or planning proposal that is required to be given under the EPA Act, or

if it is not practicable for notice to be given contemporaneously, as soon as possible after any notice of the development application or planning proposal and in the manner determined by the planning authorities that are parties to the agreement.

Financial and Resource Considerations

Both Council and Lincoln Place MHE Pty Limited are required to pay their own costs and expenses (including legal fees) in relation to the preparation, negotiations, execution and (where applicable) the stamping and registration of the VPA.

The effect of the VPA is that Lincoln Place MHE Pty Limited will be required to pay a one-off monetary contribution in the amount of $200,000 to Council prior to the issue of a subdivision certificate enabling the subdivision of the land. The contribution is to be used for the public purpose of upgrading public stormwater infrastructure in the road reserve adjacent to the land.

Council resolved at its Ordinary Meeting of 16 November 2022, when considering the September 2022 Quarterly Budget Review Statement as follows:

That Council endorse an additional budget variation not included in the presented statements of an $800,000 allocation towards road and drainage renewal and improvement in Storey Avenue, Eden with funds to be sourced from the Asset Renewal Reserve.

Legal /Policy

A planning agreement can be registered on the title of the developer’s land under section 7.6 of the EPA Act. An agreement that has been registered by the Registrar-General under this section is binding on, and is enforceable against, the owner of the land from time to time as if each owner for the time being had entered into the agreement. As such, if the developer fails to undertake the upgrade works and sells the land, the requirement to do the works would pass on to, and be binding on subsequent owners of the land.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

The VPA is consistent with the following guiding principles for councils in section 8A of the Local Government Act 1993 (which have replaced the Council Charter):

· In exercising functions generally:

o Councils should carry out functions in a way that provides the best possible value for residents and ratepayers.

o Councils should plan strategically, using the integrated planning and reporting framework, for the provision of effective and efficient services and regulation to meet the diverse needs of the local community.

o Councils should manage lands and other assets so that current and future local community needs can be met in an affordable way.

· In decision making:

o Councils should recognise diverse local community needs and interests.

o Councils should consider the long term and cumulative effects of actions on future generations.

o Councils should consider the principles of ecologically sustainable development.

The VPA is consistent with these principles in that it requires a monetary contribution to be paid to mitigate the impacts of private development on public road infrastructure used by the broader community.

Bega Valley Community Strategic Plan 2040:

C.2. Ensure land use planning and resource use supports sustainable growth whilst protecting the quality of the natural environment and our rural landscapes.

Additionally, the VPA is consistent with Council’s Capital Works Program.

Environment and Climate Change

There are environment and climate change impacts associated with the physical construction works which have been dealt with separate to these land matters. There are no environmental or climate change concerns associated with entering in the VPA.

Economic

The VPA provides a monetary contribution that offsets the costs that would otherwise have been drawn from Council funds.

Risk

There is significant financial and reputational risk to Council in relation to this matter, however these risks are mitigated by Council entering the VPA as it can be enforced in the Land and Environment Court by way of Council seeking an order for compliance under section 9.45 of the EPA Act.

Social / Cultural

The VPA promotes the public interest by funding stormwater upgrade works for the benefit of the catchment community.

Attachments

1 ⇩. Draft Voluntary Planning Agreement (with annexure) for Lincoln Place, Eden

Council 22 March 2023

Item 10.8

10.8. Compensation to Bega Local Aboriginal Land Council - Bega Sporting Complex

Council needs to obtain written consent from the Bega Local Aboriginal Land Council and compensate them for dispossession of Lot 15 Section 33 DP 758076 within Bega Sporting Complex.

Chief Executive Officer

Officer’s Recommendation

1. That Council receive and note the report.

2. That authority be delegated to the Chief Executive Officer to negotiate with the Bega Local Aboriginal Land Council compensation for dispossession of claimable Crown land being Lot 15 section 33 DP 758076 as outlined in this report

3. That Councils initial offer for compensation be in the form of a two-year traineeship for a Local Aboriginal person noting the cost of this would be more than the Valuer Generals Valuation of Lot 15 section 33 DP 758076

4. That should the offer for compensation as outlined in item 3 above not be supported that financial compensation be capped at the value of the land as outlined in this report.

5. That the budget be adjusted at the next quarterly budget review to reflect the outcomes of this report noting the potential sources of funding outlined in this report.

6. That authority be delegated to the Chief Executive Officer to execute on behalf of Council any documents associated with the matter.

Executive Summary

It has been identified Lot 15 Section 33 DP 758076 within Bega Sporting Complex is likely claimable Crown land therefore, to progress the redevelopment of Bega Indoor Sports Stadium funded by the NSW Government, Council needs to obtain written consent from the Bega Local Aboriginal Land Council (Bega LALC) and compensate them for dispossession of their land.

While the Chief Executive Officer and/or their delegate may make preliminary enquiries regarding the payment of compensation, negotiations cannot progress without a resolution of Council authorising negotiations to take place.

Background

Council resolved at its Ordinary Meeting of 9 February 2022, when considering the Bega Sporting Complex tenure as follows:

1. That Council make an application to NSW Department of Industry – Lands and Water under section 3.3 of the Crown Land Management Act 2016 (NSW) to be appointed as Crown Land Manager of Reserve 32165 (Lot 15 Section 33 DP 758076).

2. That Council make an application to NSW Department of Industry – Lands and Water under section 2.14 of the Crown Land Management Act 2016 (NSW) for an additional reserve purpose of public recreation to be added to Reserve 32165 (Lot 15 Section 33 DP 758076).

3. That authority be delegated to the Chief Executive Officer to execute on behalf of Council any documents associated with the applications to NSW Department of Industry – Lands and Water.

Following the Resolution of Council, officers progressed to make applications to Crown Lands for Council to be appointed as Crown Land Manager and for the additional reserve purpose of public recreation to be added to Reserve 32165 (Lot 15 Section 33 DP 758076) at Bega Sporting Complex.

To make the necessary applications Council was required to demonstrate due diligence regarding the Native Title claim and Aboriginal Land Claims over the land. As outlined in the attached report, Lands Advisory Services were engaged in September 2020 to review and provide Native Title advice regarding the proposal to implement Council’s Master Plan for Bega Sporting Complex.

In October 2021 Council received formal notification from the Aboriginal Land Claim Assessment Team (ALCAT) in Crown Lands that the Aboriginal Land Claims shown in the below table were under assessment. The ALCAT sought information from Council as a relevant authority that may have evidence or hold an interest in the land at the date of claim that establishes:

• Lawful use or occupation

• Need or likely to be needed for an essential public purpose.

The advice noted the Minister’s decision being subject to appeal to the Land and Environment Court and that all information relevant to the claimed land be made available to the ALCAT to ensure the claim is properly and thoroughly assessed.

Claim No

Land Council

Land Claimed

Lodged

Part 42488

NSWALC

Lots 701 DP 94051

Lot 8 & 15 Section 33 DP 758076

19 December 2016

Part 42623

NSWALC

Lots 701 DP 94051

Lot 8 & 15 Section 33 DP 758076

23 December 2016

In response Council noted occupation of the parcels shown in the above table for the purposes of Bega Sporting Complex since the 1900s and stated that the land is used for the following purposes:

• Bega Sporting Complex is a multi-sport venue managed by Bega Valley Shire Council

• It is identified as a ‘regional’ facility in Council’s Recreation Asset Management Plan

• The facility is well used and includes two sporting fields, cricket practice facility, netball courts, a skate park, tennis courts and an indoor recreation facility

• The Bega Sporting Complex can accommodate uses and events that require high quality and high-capacity facilities and it is the only one of its kind in the Bega area

• The Bega Sporting Complex has adopted plans that identify facilities on the site and their purposes

• The Bega Sporting Complex consists of extensive supporting infrastructure for example, car and coach parking, public amenities, park furniture, seating, paths, lighting

• The Bega Sporting Complex has a high level of operations and maintenance is carried out frequently.

Council continued to liaise with the ALCAT regarding progress and in December 2022 the ALCAT advised New South Wales Aboriginal Land Council they have withdrawn the claim over most of Lot 701 DP94051 and would like the remainder of Lot 701 as well as Lots 8 and 15 Section 33 DP 758076 to be assessed as per below.

Figure 1 – showing Aboriginal Land Claims part 42488 and 42623.

The ALCAT advised an assessment and recommendation had been completed and is with the Ministers delegate. The Minister administrating the Crown Land Management Act 2016 (CLM Act) for the purposes of the Aboriginal Land Rights Act 1983 (ALR Act) has responsibility for the determination of Aboriginal land claims. It was noted that claims refused also have a 4-month appeal period once a determination is made. To date Council has not been advised that a determination has been made.

In October 2022 Council submitted a landowner’s consent application to Crown Lands for the redevelopment of Bega Indoor Sports Stadium to allow for the lodgement of the development application (DA). In response Crown Lands progressed the applications for Council to be appointed as Crown Land Manager and for the additional reserve purpose of public recreation to be added to Reserve 32165 (Lot 15 Section 33 DP 758076) with notices appearing in Government Gazette on 11 November 2022 (folio 2198 and 2200). However advised the landowners consent application was on hold until ALCAT spoke with Bega LALC about written consent for the whole area to be withdrawn from the claim.

Council officers continued to liaise with the ALCAT and Crown Lands regarding progress as the DA lodgement was on hold pending landowner’s consent. In January 2023 Council reached out to the NSW and Bega LALC seeking help to progress the matter. At this time Council was made aware that the ALCAT had not consulted with the NSW or Bega LALC in preparing the assessment and recommendation which is still with the Ministers delegate for assessment.

As shown in figure 2 below Reserve 580074 has a gazetted reserve purpose of athletic sports; public recreation, therefore lawfully used and occupied for local government purposes which comply with the dedicated reserve purpose. In the case of Reserve 32165 the gazetted reserve purpose is public pound and Council have undertaken works on the land (construction of a skatepark and sewer pump station to service the sportsground development) that do not comply with the dedicated reserve purpose of public pound, making this claimable Crown land.

Figure 2 – showing Reserve 580074 with a gazetted reserve purpose of athletic sports; public recreation and Reserve 32165 with a gazetted reserve purpose of public pound.

Council officers met with representative from the NSW and Bega LALC’s regarding the need for this land to progress with the Bega Sporting Complex Master Plan which is funded by the NSW Government. As the land is likely claimable Crown land because it has not lawfully been used in accordance with the dedicated reserve purpose it will vest in the Bega LALC upon determination of the claim should the claim be upheld. To progress, Council needs to come to an agreement that includes compensation for dispossession of this land. Whilst it is not yet known what the Bega LALC’s formal position on compensation is, Council staff including the CEO, recently met with the CEO of the Bega LALC and a representative from the NSW ALC. At the meeting the NSW ALC representative indicated that although both parties would be within their right to obtain independent valuations their recommendation would be to use the Valuer Generals unimproved land value to assess the compensation amount. Should this be the offer made by Council it is understood the LALC is likely to provide written consent on the basis that Council offer $116,000 in compensation, being the 2022 NSW Valuer General’s determination for the unimproved land value of Lot 15 section 33 DP 758076.

Options

The options available to Council are:

1. Proceed with a payment of compensation to Bega LALC for dispossession of claimable Crown land being Lot 15 section 33 DP 758076 as outlined in this report.

2. Advise Bega LALC that Council does not agree to the payment of compensation as outlined in this report and await a formal determination of the Aboriginal land claim from the Minister administrating the CLM Act for the purposes of the ALR Act. Noting the NSW and Bega LALC have confirmed Lot 15 section 33 DP 758076 is what they consider claimable land and therefore compensation will be payable in the future and this option will delay delivery of the project which may result in an inability to meet grant funding deadlines.

3. Provide an offer of some other form of compensation to the LALC to an equivalent or greater compensation amount or a combination of financial and other forms of compensation. For example, council could provide a career pathway opportunity for a trainee from our local Aboriginal community by offering an additional two year traineeship. This approach has been demonstrated numerous times as a successful employment pathway for trainees to secure full time skilled roles within Council and others moving on to utilise their skills in other roles within the community. Financially, this option would be more than the proposed land value compensation amount.

4. Other options, as raised and resolved by Councillors.

Under option four there may be numerous iterations and combinations of compensation that could be considered. It would not be recommended to have this as an open option at the risk of further delaying or jeopardising the overall project.

Community and Stakeholder Engagement

Engagement undertaken

As outlined in the background section of this report, significant consultation has taken place to date by Council officers with the Department of Planning, Industry and Environment – Crown Lands, Aboriginal Land Claim Assessment Team and Bega branch officers, NSW, and Bega LALC representatives.

Engagement planned

Council officers will continue to liaise with all parties following the resolution of Council to progress this matter.

Financial and Resource Considerations

Compensation payable to the Bega Local Aboriginal Land Council for dispossession of claimable Crown land being Lot 15 section 33 DP 758076 as outlined in this report is currently unfunded. The project has received $11.7 million in funding through the NSW Government Office of Sport however, it is anticipated that all funds will be required to ensure works associated with the project can be complete.

The sale of Lot 66 DP 1171407 at Ravenswood Street, Bega has recently been finalised and in accordance with Council’s adopted Financial Strategy, Council is required to use the proceeds from the sale of ‘operational’ land to leverage investment or strategic outcomes. Noting the parcel also contains sewer infrastructure, there is potential to make a contribution from the sewer fund. It is recommended that the compensation amount be included in the next quarterly budget review.

Legal /Policy

The ALR Act was introduced to compensate Aboriginal people in NSW for dispossession of their land. The ALR Act enables LALCs to claim Crown Land, that is, land in NSW that is owned and managed by the State Government.

The management structure of Reserve 32165 was changed whilst an Aboriginal Land Claim awaited determination and the Reserve use was also changed, without reference to the claimant which the NSW ALC has advised is subject to legal review.

It has been noted that Council was not the Crown Land Manager and evidence was not provided to the NSWALC that use was authorised, the reserve structure or purpose changed, and a Plan of Management adopted.

Whilst these are historical anomalies, Council needs to make-good the wrongs that have been undertaken regarding use and occupation of Lot 15 section 33 DP 758076.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

Bega Valley Community Strategic Plan 2040:

· D.4. Plan for, develop and maintain sport and recreation spaces and facilities.

Delivery Program 2022-25:

· D5.4 - Undertake capital projects to improve recreation facilities, boating infrastructure, public toilets and sporting grounds and facilities.

· D5.4.5 Progress with and deliver projects - Sports - Bermagui Stadium Renovations, Bermagui Outdoor Courts, Barclay Street Soccer Floodlights, Pambula Sports Building, Bega Sports Building.

Environment and Climate Change

There are no environment and climate change matters associated with the report.

Economic

Development of the Sporting Complex Master Plan identifies projects that will increase use of the site and tourism opportunities for the Bega Valley by increasing the ability to host regional sporting, community, and cultural events. Events hosted at the new regional sporting sites will stimulate economic benefit for the local community through visitor spend and stays.

Risk

Until Council comes to an agreement with Bega LALC, lodgement of the DA will remain on hold. DA, detailed design development and contract documentation for project tendering had an estimated milestone date of December 2022 with procurement due in April 2023. Further delays will impact delivery of the project which could ultimately result in missed funding deadlines.

There are significant reputational and relationship risks associated with the way Council handles this matter that could have long term impacts on Councils ability to deliver not only this project but other projects in the future.

Social / Cultural

The proposed redevelopments will considerably enhance the facilities for increased utilisation by sporting and community groups across the region. When completed, the facilities will be able to cater not only for local competition and training, but also provide opportunities for local and elite sport development pathways and regional coaching development.

Attachments

1 ⇩. Council report dated 9 February 2022 - Bega Sporting Complex - formalisation of tenure

Council 22 March 2023

Item 10.9

10.9. Road closure - McDonald Road, Wandella

This report seeks approval to progress a road closure application under the Roads Act 1993 (NSW) following receipt of submissions against the proposal.

Director Business & Governance

Officer’s Recommendation

1. That Council considers the submissions received regarding the proposal to close the Council public road within Lot 541 DP 859896 and Lot 45 DP 752164 at McDonald Road, Wandella.

2. That Council approves to proceed with the road closure proposal as advertised in accordance with Section 38D of the Roads Act 1993 (NSW).

3. That the Chief Executive Officer and Mayor be authorised to execute the necessary documentation to affect the road closure, creation of the right of carriageway and subsequent sale of land to the applicant for nil compensation noting the offsetting effect on depreciation in this instance.

4. That Council’s internal road closure application fees be waived and Council’s legal costs be borne by the applicant capped at $3,500.

5. That all third-party legal costs associated with the road closure process be borne by the applicant.

Executive Summary

Council approval is being sought to progress a road closure application under the Roads Act 1993 (NSW) (Roads Act) following receipt of submissions against the proposal. This report outlines the submissions that were received and seeks Council approval to proceed in accordance with the Roads Act.

Background

Council resolved at its Ordinary Meeting of 14 December 2022, when considering the permanent closure of a section of McDonald Road, Wandella within Lot 541 DP 859896 and Lot 45 DP 752164 as follows:

1. That Council approves, in principle, the closure of a section of Council public road being McDonald Road, Wandella within Lot 541 DP 859896 and Lot 45 DP 752164.

2. That Council commences assessment of the road closure application under Division 3 of the Roads Act 1993 (NSW) and that the proposal be publicly advertised for a period of 28 days.

3. That if any objections are received, a further report be prepared for Council’s consideration.

4. That if no objections are received, Council, by notice published in the Government Gazette, formally close the public road reserve concerned.

5. That the Chief Executive Officer and Mayor be authorised to execute the necessary documentation to affect the road closure, creation of the right of carriageway and subsequent sale of land to the applicant at no cost noting the offsetting effect on depreciation in this instance.

6. That Council’s external legal costs be borne by the applicant capped at $3500 and that Council’s internal fees be waived.

Following the resolution of Council, officers progressed the road closure application and in accordance with the Roads Act, notification was sent to notifiable authorities and adjoining landowners seeking comments to the proposal.

Several responses were received and are outlined in more detail in the below table within the Community and Stakeholder Engagement section of this report.

Options

The options available to Council are to:

1. Approve to proceed with the road closure proposal in accordance with Section 38D of the Roads Act to close a section of Council public road being McDonald Road, Wandella within Lot 541 DP 859896 and Lot 45 DP 752164; or

2. Approve to proceed with the road closure proposal in accordance with Section 38D of the Roads Act to close the revised section of Council public road being McDonald Road, Wandella from the driveway of Lot 45 DP 752164 as shown in the below diagram; or

3. Advise the applicant that the proposed road closure is no longer supported by Council due to the submissions received.

Community and Stakeholder Engagement

Engagement undertaken

In accordance with section 38B of the Roads Act, notification of the proposal to close a Council public road was published on Council’s website, a letter was provided to all owners of land adjoining the road, and all notifiable authorities were provided notice of the closure as prescribed by the Regulations.

In response to the notice Council received the following submissions against the proposal:

Submission	Council comments
Requested a right of carriageway be created to benefit their land at the applicant’s cost. The landowners do not wish to be liable for any legal fees associated with the process of creating the right of carriageway.	Reasonable request. Third parties should not be held liable for legal costs associated with this matter. The applicant should take full responsibility for all third-party legal costs.
Initial comments from Department of Planning and Environment (DPE) with concerns regarding a recent development application that had been approved over an adjoining parcel.	Following confirmation that a right of carriageway would be registered over the land in favour of those properties that rely on the road for legal access DPE confirmed they had no further issues or concerns.
Request for consideration to the extent of the road closure proposal being amended to remove the section that impacts the landowners access from the public road. The landowner objects to the section of public road that adjoins their property being closed but does not object to the larger extent further from their entrance being closed.	This report is recommending Council proceed with the road closure proposal as advertised. It is noted that a right of carriageway will be registered over the land in favour of those properties that currently rely on the public road for legal access to their land parcels.
Telstra have advised there are Telstra assets in the vicinity and subject to compliance with the conditions outlined in their response they have no objections to the closure. It should also be noted Telstra have advised the existing network on this road cannot be built over.	It will be up to the applicant to ensure they comply with Telstra’s conditions as outlined in the attached response.

Figure 1 – diagram showing proposed revised section of McDonald Road, Wandella for permanent road closure as requested in submission 3.

Engagement planned

If Council resolves to proceed with the road closure proposal, formal notification will need to be provided to those who made submissions against the proposal advising of the decision.

If Council resolves not to proceed with the road closure proposal, formal notification will need to be provided to the applicant advising of the decision.

Financial and Resource Considerations

The applicant is normally responsible for all costs associated with the road closure application, subsequent transfer, their own legal costs, and Council’s legal costs capped at $3,500.

In addition to these costs, the applicant would normally pay Council the current market value of the land as determined by an independent valuer as well as Council’s Road closure application fee to contribute to staff costs associated with processing the application.

In this unique instance it was resolved that the land be transferred at no cost due to the fact there are formed assets in this section of road reserve.

The matter of third party legal costs was not addressed in the report to Council’s Ordinary Meeting of 14 December 2022 and as outlined in the above Council comments against submissions received it is considered reasonable that the applicant take full responsibility for all third party legal costs associated with this matter as the party benefiting from the proposal.

Legal /Policy

Under Division 3 Section 38D of the Roads Act, Council may decide to proceed with the proposal to close the road following the consideration of any submissions provided a formal objection has not been received from a notifiable authority.

If approval is granted to proceed with the proposed road closure, Council's Property officers will instruct the applicant to prepare a plan of first title creation for registration at Land Registry Services (LRS), the plan will require consents e.g., subdivision certificate, section 88B Instrument. The applicant will need to engage legal representatives to prepare the necessary documentation to create the right of carriageway in favour of all effected landowners. There are several options available to create an easement – section 88B of the Conveyancing Act 1919, which includes lodgement of a plan detailing the easement or a transfer granting easement which requires a written agreement (deed) between all parties. Before an easement can be created, both the dominant and servient tenement must agree to the terms and conditions of the agreement. The landowner where the easement is created is called a servient tenement and the landowner who benefits is a dominant tenement. The particulars of the right of way agreement are registered on effected parties land titles. Once all parties have agreed on creation of the easement all necessary documentation will need to be lodged at NSW LRS and once the plan is registered a notice will be published in the Government Gazette, formally closing the public road reserve. Once the gazettal takes place the title can be transferred to the applicant following the 60-day Land and Environment Court appeal period.

The applicant will also be required to execute a formal Deed of Agreement with Council outlining all requirements which also provides that upon transfer, the portion of closed road will be consolidated with the applicant’s adjoining parcel of land.

If Council resolve to proceed with the road closure an appeal to the Land and Environment Court against closure decision can be made in accordance with section 38F of the Roads Act as follows:

38F Appeals to Land and Environment Court against closure decision

(1) A person referred to in section 38B (1) (b) may appeal to the Land and Environment Court against the closure of a council public road by a council.

(2) On any such appeal, the Land and Environment Court may--

(a) affirm the closure, or

(b) set aside the closure.

(3) Section 38E is taken never to have applied to a closure that is set aside.

(4) To avoid doubt, an appeal under section 38C does not prevent an appeal under this section.

If this was to occur the onus would be on Council to engage legal representation in response to the appeal and this could have significant financial implications on Council as a result.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

Community Strategic Plan Theme:

Our civic leadership – Local leadership is strong, consultative and responsive to our community’s needs

Community Strategic Plan Strategy:

E.5 Council resources are managed in order to meet agreed service delivery standards and deliver value for money

Delivery Program:

E5.5 - Develop and manage Council’s owned and managed land portfolio

Core Business:

Manage Council’s property portfolio, acquisition and disposal of land and easements, road closures and road openings and any other land dealings ensuring Council’s legal obligations are met.

The proposed road closure aligns with Council’s Road Closure and Private Sale procedure 4.10.8 and meets statutory obligations under the Roads Act.

Environment and Climate Change

There are no environment and climate change matters associated with the proposed road closure.

Economic

There are no economic matters associated with the proposed road closure that have not already been addressed in this report and the original report to Council dated 14 December 2022.

Risk

Any road closure requires a formal process that ensures probity, due diligence, analysis of risk and other key issues. It is noted that Council’s Road Closure and Private Sale procedure 4.10.8 states roads not eligible for closure as follows:

Roads capable of providing physical access to other roads, public and private properties, public and Crown reserves and public utility installations. In the case of access to private properties, closure will be considered if a suitable alternative road is dedicated as public road or if a right of carriageway is created over an existing road/track or new road/track to be created.

There are several risks associated with this matter including but not limited to the following:

· Reputational risk in relation to the community’s view on how Council is handling this matter.

· Financial risk in relation to an appeal to the Land and Environment Court, road construction and maintenance costs, legal costs to force the deed if the applicant does not progress this matter.

· Council precedent for future matters.

Social / Cultural

There are no social or cultural matters associated with the proposed road closure.

Attachments

1 ⇩. Council report dated 14 December 2022 - 10.9 Road Closure - McDonald Road, Wandella

2 ⇩. Submission 1 from adjoining landowner

3 ⇩. Submission 2 and response from DPE

4 ⇩. Submission 3 regarding extent of road for closure from adjoining landowner

5 ⇩. Submission 4 from Telstra

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

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

Council	22 March 2023
*Item 8.1 - Attachment 1*	Attachment - Planning Proposal Yellow Pinch Water Treatment Plant

Council	22 March 2023
*Item 8.2 - Attachment 1*	Bega Eden Merrimans Aboriginal Liaison Committee meeting minutes 15 November 2022

Council	22 March 2023
*Item 8.2 - Attachment 2*	Access and Inclusion Advisory Committee meeting minutes 28 November 2022

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	22 March 2023
*Item 8.2 - Attachment 3*	Cemetery Advisory Committee meeting minutes 10 November 2022

Council	22 March 2023
*Item 8.2 - Attachment 4*	Montreal Goldfield Commitee meeting minutes 18 November 2022

Council	22 March 2023
*Item 8.2 - Attachment 5*	General Community Hall Committee meeting minutes 22 November 2022

Council	22 March 2023
*Item 8.3 - Attachment 1*	Draft Development Consent

Council	22 March 2023
*Item 8.3 - Attachment 2*	Section 4.15 Assessment

Council	22 March 2023
*Item 8.3 - Attachment 3*	Proposed Plans

Council	22 March 2023
*Item 8.3 - Attachment 4*	Clause 4.6 variation request

Council	22 March 2023
*Item 9.1 - Attachment 1*	S355 General Sportsground quarterly Committee Meeting minutes 28 November 2022

Council	22 March 2023
*Item 9.5 - Attachment 1*	ANZAC Day Bega Tathra and Bemboka 2023

Council	22 March 2023
*Item 9.5 - Attachment 2*	ANZAC Day Candelo 2023

Council	22 March 2023
*Item 9.5 - Attachment 3*	ANZAC Day Merimbula, Pambula, Wolumla 2023

Council	22 March 2023
*Item 9.5 - Attachment 4*	ANZAC Day Cobargo 2023

Council	22 March 2023
*Item 9.5 - Attachment 5*	ANZAC Day Bermagui 2023

Council	22 March 2023
*Item 9.5 - Attachment 6*	ANZAC Day Eden 2023

Council	22 March 2023
*Item 9.5 - Attachment 7*	Candelo Village festival 2023

Council	22 March 2023
*Item 9.6 - Attachment 1*	Investing in our communities program guidelines February 2023

Council	22 March 2023
*Item 10.2 - Attachment 1*	Operational Plan Progress Report - 1 July 2022 to 31 December 2022

Council	22 March 2023
*Item 10.2 - Attachment 2*	Progress Report - Corporate Measures - July - December 2022

Council	22 March 2023
*Item 10.3 - Attachment 1*	Pambula Sporting Complex preliminary construction plan

Council	22 March 2023
*Item 10.5 - Attachment 1*	Bega Valley Shire Councils Annual Financial Statements 2022

Council	22 March 2023
*Item 10.6 - Attachment 1*	Canberra Region Joint Organisation Submission - Inquiry into the implications of severe weather events on the National Regional, Rural and Remote Road network

Council	22 March 2023
*Item 10.6 - Attachment 2*	Bega Valley Shire Council Submission - Inquiry into the implications of severe weather events on the National Regional, Rural and Remote Road network

Council	22 March 2023
*Item 10.7 - Attachment 1*	Draft Voluntary Planning Agreement (with annexure) for Lincoln Place, Eden

Council	22 March 2023
*Item 10.8 - Attachment 1*	Council report dated 9 February 2022 - Bega Sporting Complex - formalisation of tenure

Council	22 March 2023
*Item 10.9 - Attachment 1*	Council report dated 14 December 2022 - 10.9 Road Closure - McDonald Road, Wandella

Council	22 March 2023
*Item 10.9 - Attachment 2*	Submission 1 from adjoining landowner

Council	22 March 2023
*Item 10.9 - Attachment 3*	Submission 2 and response from DPE

Council	22 March 2023
*Item 10.9 - Attachment 4*	Submission 3 regarding extent of road for closure from adjoining landowner

Council	22 March 2023
*Item 10.9 - Attachment 5*	Submission 4 from Telstra