Agenda of Council - Wednesday, 20 September 2023

Council 20 September 2023

Item 8.1

8.1. Draft Glebe Lagoon Grey Headed Flying Fox Management Plan

This report seeks Council’s endorsement to publicly exhibit the Draft Glebe Lagoon Flying-fox Management Plan.

Director Community Environment and Planning

Officer’s Recommendation

1. That Council resolves to publicly exhibit the Draft Glebe Lagoon Flying-fox Camp Management Plan (Attachment 1) for a period of not less than 28 days

2. That a further report be presented to Council if there are any substantial changes to the draft Management Plan arising from the public exhibition

3. That if there are no substantial changes arising from public exhibition, the draft Management Plan be considered adopted and published to Council’s website

Executive Summary

The Grey Headed Flying Fox (Pteropus poliocephalus) is listed as a threatened species under the New South Wales Biodiversity Conservation Act 2016 and the Commonwealth Environment Protection and Biodiversity Conservation Act 1999. Glebe Lagoon in Bega is home to the largest Grey-headed Flying-fox camp within the Bega Valley Shire and is recognised as having national significance due to its size and use as a maternity camp.

The draft Glebe Lagoon Flying-fox Camp Management Plan (the draft Management Plan) has been developed in consultation with the local community and other key stakeholders to guide the appropriate management of the camp. The draft Management Plan outlines issues of concern to the local community and identifies feasible management actions to be undertaken to reduce impacts on the local community whilst promoting the conservation of the Grey-headed Flying-fox camp.

The draft Management Plan will be implemented and reviewed over a five-year period. Certain factors may trigger an earlier review of the Management Plan to enable other management options to be considered. An adaptive, flexible approach to management has been adopted and will be informed by ongoing monitoring of the camp and the effectiveness of implemented management actions.

This report seeks endorsement from Council to publicly exhibit the draft Management Plan for a minimum of 28 days.

Background

On 20 July 2022, Council resolved on the motion of Crs Griff and Wright, that Council:

1. Prioritise completion of the Bega Valley Shire Flying Fox Camp Management Plan, to identify appropriate management measures for grey-headed flying foxes in Bega Valley Shire.

2. Engage with relevant officers in Eurobodalla and Shoalhaven Councils to investigate successful strategies that have been applied in similar local government areas.

3. Work with key stakeholders such as the Bournda Environmental Education Centre, Pambula Wetlands and Heritage Projects Inc, Friends of Glebe Wetlands, and the Biodiversity and Conservation Division (BCD) in Department of Planning and Environment to increase community understanding of the importance of protecting the grey-headed flying fox and its habitat in Bega Valley Shire

Bega Valley Shire Council has been working in partnership with the Friends of Glebe Wetlands (FoGW) group for over a decade on the appropriate management of the Glebe Lagoon flying-fox camp. According to available records, the Glebe Lagoon camp has been occupied annually since 2001. It is classified as a ‘nationally-important flying-fox camp’ under Commonwealth legislation due to its high use and ecological significance as a maternity site for Grey-headed Flying-foxes.

The NSW Government’s ‘Flying-fox Camp Management Policy 2015’ encouraged land managers, primarily local councils, to work with their communities to manage flying-fox camps effectively. The main purpose of this policy is to minimise health and amenity impacts of flying-fox camps on people at the same time as avoiding unnecessary harm to flying-foxes. The policy identifies the development of a ‘Camp Management Plan’ as a critical tool for land managers to not only protect flying-foxes and address impacts on adjoining land users, but importantly addressing state and Commonwealth legislative requirements for the management and protection of flying-foxes.

Council initially began work in 2017 on the first draft of the Management Plan. Work on completion of this original draft was delayed by legislative change, internal resources being diverted to address fire recovery activities from 2018 through to 2022, and difficulties with community engagement activities during the Covid-19 pandemic. Throughout this time, Council staff continued to work with FoGW on ground management issues and with the Department of Planning and Environment on the legal framework required to be addressed by the draft Management Plan.

A locally based specialist ecological consultant was engaged in 2022 to assist Council staff to complete the draft Management Plan and ensure it addressed the requirements of the ‘Flying-fox Camp Management Policy 2015’ (NSW Government) and ‘The Flying-fox Camp Management Code of Practice 2018 (NSW Government). Extensive liaison has also been ongoing with Threatened Species staff from the Department of Planning and Environment, who have guided Council through the completion of the draft Management Plan providing specialist advice about the day-to-day management of the flying-fox camp.

Options

Options available to Council are to:

1. Place the draft Management Plan on exhibition for a period of not less than 28 days. At the end of the exhibition period, if there are substantial changes to the draft Management Plan arising from the public exhibition, a further report would be submitted for Council’s consideration. This is the recommended option.

2. Resolve note to exhibit the draft Management Plan. This option is not recommended as it would not meet Council’s legal responsibilities as a landowner which is home to a flying-fox camp. This would also not provide Council and the community with a clear and transparent framework for managing all issues associated with flying-fox camps.

Community and Stakeholder Engagement

Engagement undertaken

There has been ongoing consultation with the Friends of Glebe Wetlands group for over a decade in the ongoing protection and management of the flying-fox camp at Glebe Lagoon. As part of the development of the original draft of the Management Plan, community engagement was undertaken with adjoining residents, key stakeholders such as the Bega Show Society, horse groups and veterinarians as well as a broad community online survey. Some of the feedback through this process is reflected in the draft Management Plan.

There has been ongoing liaison with flying-fox specialists within the NSW State Government and with other local councils such as Eurobodalla Shire Council and Sutherland Shire who have experience in managing flying-fox camps.

Engagement planned

In accordance with Council’s Community Engagement Strategy, the engagement process will include informing and consulting. It is proposed to publicly exhibit the draft Glebe Lagoon Flying-fox Camp Management Plan for a period not less than 28 days. The public exhibition program will comprise direct notification letters to adjoining residents, meetings with key user groups and stakeholders, information on Council’s website and media releases. Members of the community will be encouraged to provide feedback through Council’s ‘Have Your Say’ webpage.

Financial and Resource Considerations

The cost of preparation of the draft Management Plan was $22,000. This was part grant funded ($15,000) and part funded through Council’s Environmental Levy ($7,000).

Public exhibition and community engagement will be in the order of $2,000 (including exhibition costs and staff time).

Glebe Lagoon reserve is currently mown and maintained by Council. The draft Management Plan does not require any higher level of maintenance to occur than existing.

Council will continue to work in partnership with FoGW to implement many of the on-ground works and monitoring related actions. Implementation of actions beyond business as usual activities will be reliant on grant funding.

Legal /Policy

The Grey-headed flying-fox (Pteropus poliocephalus) is listed as a threatened species under the New South Wales Biodiversity Conservation Act 2016 and the Commonwealth Environment Protection and Biodiversity Conservation Act 1999. Council’s management of the Glebe site requires Council to consider the NSW Flying fox Camp Management Policy (2015) and NSW Flying-fox Camp Management Code of Practice (2018).

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

The protection and management of the Glebe Lagoon Grey Headed flying-fox camp is in accordance with the Bega Valley community’s demonstrated high prioritisation of environmental protection.

The draft Management Plan is consistent with the key response area for Natural Systems in the Climate Resilience Strategy 2050.

The draft Management Plan is consistent with the planning priority for Natural Environment, being the exceptional quality of our natural environ and sustainable development practices set us apart and underpin our way of life and economy and Open Space and Recreation being a network of green spaces has created healthier and more liveable towns and villages and public places attract people of all ages to socialise, engage in arts and culture and be active and healthy in the Local Strategic Planning Statement 2040.

The draft Management Plan is consistent with the Community Strategic Plan 2042 objective that our air and water are pristine, and our natural environment and rural landscapes are protected.

Environment and Climate Change

The draft Management Plan will assist in enabling the long-term conservation of flying-foxes in appropriate locations and improve the community’s understanding and appreciation of flying-foxes, including their critical ecological role. The draft Management Plan will also ensure camp management does not contribute to loss of biodiversity or increase threats to threatened species/communities such as the Grey-headed Flying-fox.

The draft Management Plan aims to provide a reasonable level of amenity for the surrounding community and manage environmental and public health risks that can be associated with flying-fox camps.

The draft Management Plan will also ensure that reserve management activities are sympathetic to flying-fox behaviours and requirements and flying-fox welfare is a priority during all works around the Glebe Lagoon camp.

Economic

The draft Management Plan aims to reduce the chances of offsite economic impacts on adjoining land owners by seeking to contain the camp to roosting sites within Glebe Lagoon. The draft Management Plan identifies the option of exploring funding alternatives to assist adjoining land owners should some level of property modification or maintenance be required.

Risk

The draft Management Plan provides Council with an important tool to address our legislative requirements under state and Commonwealth legislation. It provides a framework to address risks associated with public and domestic animal health that can be associated with flying-fox camps.

Social / Cultural

The Glebe Lagoon reserve area is multi-use parkland that is popular with informal passive recreational activities such as picnicking and bird watching. It is also used as a key overflow camping area for the annual Bega Show and Bega Show jumping cup.

The draft Management Plan aims to reduce the impact on reserve users by containing the flying-fox camp extent to mature trees in and fringing the wetlands and providing a clear, open and designated area for the overflow camping on the western side of the reserve.

The provision of flying-fox interpretive signage around the reserve and also promotional material through Council’s media channels during flying -fox season will increase the community’s knowledge and appreciation of the importance of the camp and the role of flying-foxes in our local environment.

Attachments

1 ⇩. Draft Glebe Lagoon Flying-fox Camp Management Plan

Council 20 September 2023

Item 8.2

8.2. Draft Flood and Sea Level Rise Policy and proposed amendments to Development Control Plan 2013

This report seeks Council’s support for the exhibition of the draft Flood and Sea Level Rise Policy, and a proposed amendment to the Bega Valley Development Control Plan 2013 for ‘Flood and Sea Level Rise’ and ‘Coastal Hazards’.

Director Community Environment and Planning

Officer’s Recommendation

1. That Council resolve to publicly exhibit the draft Flood and Sea Level Rise Policy (Attachment 1), and the proposed amendment to Bega Valley Development Control Plan 2013 ‘Flood and Sea Level Rise’ and ‘Coastal Hazards’ (Attachment 2) for a period of not less than 28 days.

2. That a further report be presented to Council if there are any substantial changes to the draft policy or the proposed amendment to the Bega Valley Development Control Plan 2013 arising from the public exhibition.

3. That if there are no substantial changes arise from the public exhibition, the draft policy and the proposed amendment to the Bega Valley Development Control Plan 2013 be considered adopted and published to Council’s website.

Executive Summary

Council engaged Rhelm Pty Ltd to provide advice on how to implement the land use planning recommendations from Council’s adopted flood studies and floodplain risk management studies and plans. In response, Rhelm developed a draft Flood and Sea Level Rise Policy and a new section for the Bega Valley Development Control Plan 2013 (BVDCP 2013) for considering flooding and sea level rise impacts relating to new development.

Importantly, the draft policy and proposed amendments to BVDCP 2013 directly relate to actions from various previously adopted strategies and studies that Council has already resolved to implement. They do not change any of the existing adopted flood maps or make any changes to the land that is already subject to existing planning controls.

The draft policy and proposed amendments to BVDCP 2013 will also ensure that Council’s practices are brought into alignment with current NSW Government policy regarding flooding, which will assist Council to progress the implementation of amendments to the Bega Valley Local Environmental Plan 2013 (BVLEP 2013) to improve housing supply and diversity and provide Council with protection from liability under Section 733 of the Local Government Act 1993.

This report seeks endorsement from Council to publicly exhibit the draft policy and proposed amendments to BVDCP 2013 for a minimum of 28 days.

Background

Council has adopted a number of Flood Studies and Floodplain Risk Management Studies and Plans, including:

· Pambula River, Pambula Lake and Yowaka River Flood Study (2021)

· Merimbula Lake and Back Lake Floodplain Risk Management Study and Plan (2021)

· Eden, Twofold Bay, Towamba River Flood Study (2020)

· Bega and Brogo Rivers Floodplain Risk Management Study and Plan (2018)

· Bega and Brogo Rivers Flood Study (2014).

These adopted Flood Studies and Floodplain Risk Management Studies and Plans contain a range of recommendations that relate to changes to planning controls. The Bega Valley Shire Operational Plan 2022-2023 included an action for staff to develop a flooding and sea level rise policy to guide development and the Bega Valley Shire Climate Resilience Strategy (CRS) includes an action to prepare a development approval matrix for coastal hazard and flood zones. The Bega Valley Shire Local Strategic Planning Statement (LSPS) includes an action to review planning controls for flood planning and sea level rise for new developments.

To implement the above actions, Rhelm Pty Ltd were engaged to review the recommendations of the adopted flood and floodplain risk management studies and integrate the recommended planning controls into a Flood and Sea Level Rise Policy (Attachment 1) and accompanying ‘Flood and Sea Level Rise’ and ‘Coastal Hazards’ sections of BVDCP 2013 (Attachment 2).

The policy and development control plan will assist Council in guiding development across the shire with respect to flooding, and the entire coastline with regards to consideration of sea level rise.

Together the new policy and development control plan will enable appropriate and effective management of flood and sea level rise hazards and risks across the shire and ensure consistency with the BVLEP 2013, Considering flooding in land use planning - Guideline (NSW Government 2021), NSW Flood Risk Management Manual (NSW Government 2023), and NSW Planning Circular 21-006.

Ensuring Council’s practices are brought into alignment with current NSW Government policy regarding flooding will assist Council to progress the implementation of amendments to the BVLEP 2013 to improve housing supply and diversity. It will also provide Council with protection from liability under Section 733 ‘Exemption from liability—flood liable land, land subject to risk of bush fire and land in coastal zone’ of the Local Government Act 1993.

Draft Flood and Sea Level Rise Policy

The draft Flood and Sea Level Rise Policy, as detailed in Attachment 1 to this report, provides a framework to assist Council and the community to respond to emerging flood and sea level rise risks as they relate to future development. Specifically, the draft policy supports Council to:

· apply a sea level rise benchmark and rainfall climate change factor to planning instruments, policies, flood, coastal studies and infrastructure planning

· continue to monitor, review and manage risks associated with sea level rise relating to local government functions

· continue to review its sea level rise data when new, credible climate change and sea level rise modelling data is available and update the policy as required.

The draft policy applies to development on land within the shire that warrants consideration of the impacts of flooding and sea level rise during the planning or consideration of proposed new development. This includes development by or on behalf of Council.

Amendments to BVDCP 2013

BVDCP 2013 Chapter 5.8 ‘Planning for Hazards’ currently contains controls and guidelines for development relating to flood planning, coastal hazards, contaminated land, bushfire prone land and climate change. Once adopted, the proposed amendments to BVDCP 2013 will replace the current Section 5.8.1 ‘Flood Planning’, Section 5.8.‘Climate Change’ and Section 5.8.2 ‘Coastal Hazards’ within Chapter 5.8 of BVDCP 2013. The sections of the current BVDCP 2013 to be replaced are identified through red tracking in Attachment 3 to this report.

Flood and Sea Level Rise

The proposed amendments to BVDCP 2013 ‘Flood and Sea Level Rise’, as detailed in Attachment 2 to this report, aims to:

· reduce the impact of flooding and flood liability on owners and occupiers of flood prone land

· reduce private and public losses from flooding

· improve public safety with respect to flooding

· as far as practical, ensure new development does not increase risk to life and property

· deal equitably and consistently with all matters requiring Council approval on flood affected land.

The flood related management and design requirements of the draft ‘Flood and Sea Level Rise’ amendment to BVDCP 2013 require demonstration that development can be done in a manner that:

· minimises impact on existing flow and drainage of flood waters in a flood event

· limits risk from flooding on new development and its users to acceptable levels.

The proposed amendments to BVDCP 2013 will improve the development assessment process by providing greater certainty to proponents and improving the guidance about how flood risks can be addressed by new development. The new provisions provide detailed guidance based on Flood Planning Constraint Categories for a range of different types of development and will negate the need for many proponents to prepare individual flood studies to support their development applications.

Coastal Hazards

The proposed amendments to BVDCP 2013 ‘Coastal Hazards’ will update BVDCP 2013 to reflect the new policy and bring the provisions in line with the State Environmental Planning Policy (Resilience and Hazards) 2021 for coastal vulnerability areas. The aims of the development control plan are to:

· manage development in the coastal zone

· protect the environmental assets of the coast

· protect and enhance natural coastal processes and coastal environmental values.

This report seeks Council’s resolution to endorse the public exhibition of a new draft policy and proposed amendments to BVDCP 2013 to enable appropriate and effective management flood and sea level rise hazards and risks across the shire.

Options

Options available to Council are to:

1. Place the draft policy Flood and Sea Level Rise and/or proposed ‘Flood and Sea Level Rise’ and ‘Coastal Hazard’ amendments to BVDCP 2013 on exhibition for a period of not less than 28 days. At the end of the exhibition period, if there are substantial changes to the draft policy or development control plan arising from the public exhibition, a further report would be submitted for Council’s consideration. This is the recommended option.

2. Resolve not to exhibit the draft policy and/or proposed ‘Flood and Sea Level Rise’ and ‘Coastal Hazard’ amendments to BVDCP 2013. This option is not recommended as the draft policy and development control plan provide an improved framework for risk management in relation to flooding and climate change and implement several of Council’s adopted actions.

Community and Stakeholder Engagement

Engagement undertaken

The draft policy and proposed amendments to BVDCP 2013 were developed using a collaborative approach involving Rhelm, Council staff and representatives of the Department of Environment and Conservation Water Floodplains and Coasts South East team. No community consultation has yet been undertaken for this project. However, the flood studies and floodplain risk management studies and plans, the Operational Plan 2022-2023, LSPS and CRS have all been previously exhibited and adopted by Council.

Engagement planned

In accordance with Council’s Community Engagement Strategy, the engagement process will include informing and consulting. It is proposed to provide information about the draft policy and proposed amendments to BVDCP 2013 through Council’s newsletter, Council website, media release and social media. Members of the community will be encouraged to provide feedback through Council’s ‘Have Your Say’ webpage.

Financial and Resource Considerations

The cost of the project was $50,000 which was funded through Council’s Environmental Levy.

Legal /Policy

Flood risk management in New South Wales is a partnership across all levels of government, with local councils being primarily responsible in their local government areas. The NSW Flood Risk Management Manual (NSW Government 2023) outlines the overall flood risk management roles of the different levels of government and articulates the lead roles for agencies in prevention and preparedness for flood risk management within the NSW Government.

The draft policy and proposed amendments to BVDCP 2013 will ensure that Council policy is consistent with BVLEP 2013, Considering flooding in land use planning - Guideline (NSW Government 2021), NSW Flood Risk Management Manual (NSW Government 2023) and NSW Planning Circular 21-006.

These documents will provide Council with protection from liability under Section 733 ‘Exemption from liability—flood liable land, land subject to risk of bush fire and land in coastal zone’ of the Local Government Act 1993.

Exhibition of the proposed amendments to BVDCP 2013 is consistent with Council’s obligations under the Environmental Planning and Assessment Regulation 2021 and Council’s Community Engagement Strategy.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

The draft policy and proposed amendments to BVDCP 2013 are consistent with the Community Strategic Plan 2042 objective that we act to adapt to and mitigate the effects of climate change. Specifically, strategy C5 to lead climate change mitigation and adaptation through implementation of the Bega Valley Shire Climate Resilience Strategy focusing on natural systems, preparing for natural hazards, liveable and connected places, safe, healthy and inclusive community, diverse and thriving economy, energy security and food security.

The draft policy is consistent with the key response area of planning for natural hazards in the Climate Resilience Strategy. The proposed amendments to BVDCP 2013 completes the action of the strategy to prepare a development approval matrix for coastal hazard and flood zones.

The draft policy is consistent with the planning priority for natural hazards in the LSPS to ensure that people, land and infrastructure are well positioned to face natural hazards. The proposed amendments to BVDCP 2013 completes the action of the LSPS to review planning controls for flood planning and sea level rise for new developments.

The draft policy and proposed amendments to BVDCP 2013 implement the recommendations of the adopted Pambula River, Pambula Lake and Yowaka River Flood Study; Merimbula Lake and Back Lake Floodplain Risk Management Study and Plan; Eden, Twofold Bay, Towamba River Flood Study and Plan; and Bega and Brogo Rivers Floodplain Risk Management Study and Plan.

Environment and Climate Change

The draft flood policy and proposed amendments to BVDCP 2013 aim to minimise the potential impact of development and other activity upon the aesthetic, recreational and environmental value of waterway corridors and flood affected land.

Economic

The draft flood policy and proposed amendments to BVDCP 2013 aim to reduce the impact of flooding and flood liability on individual owners and occupiers of flood prone land and reduce private and public losses from flooding by ensuring adverse and cumulative impacts on flood behaviour are managed.

Risk

Floods can create risks to communities in the Bega Valley Shire. These risks may relate to people, their social or community setting, and the built environment. The draft flood policy and proposed amendments to BVDCP 2013 aim to, as far as practical, ensure new development does not increase risk to life and property, and deal equitably and consistently with all matters requiring Council approval on flood affected land.

Social / Cultural

The draft flood policy and proposed amendments to BVDCP 2013 aim to mitigate risks to communities relating to people and their social or community setting from flooding, the influence of the ocean or water flowing overland to waterways. They also aim to improve public safety with respect to flooding, including the safe occupation and efficient evacuation of people in flood events.

Attachments

1 ⇩. Draft Flood and Sea Level Rise Policy

2 ⇩. Draft Flood and Sea Level Rise Development Control Plan 2013 provisions

3 ⇩. Sections of BVDCP 2013 proposed for replacement

Council 20 September 2023

Item 8.4

8.4. Exhibition of Draft Bega and Wolumla Structure Plans

This report seeks Council’s support for the exhibition of draft Structure Plans for the Bega and Wolumla urban growth areas.

Director Community Environment and Planning

Officer’s Recommendation

1. That Council resolve to publicly exhibit the Draft Bega and Wolumla Structure Plans (Attachments 1 and 2) for a period of not less than 28 days.

2. That a further report be presented to Council following the public exhibition detailing the outcomes of the exhibition.

Executive Summary

Council received a grant from the NSW Government to deliver a project to coordinate planning and infrastructure provision for urban residential growth areas in Bega and Wolumla. The output of the project is the development of structure plans for the Bega and Wolumla urban growth areas.

The Draft Bega Structure Plan assesses the suitability of land south of the existing town for urban residential development, analyses the opportunities and constraints to urban growth in the area and details how Council’s objectives can be addressed through future development of three new neighbourhoods in the area.

The Draft Wolumla Structure Plan investigates the opportunities and constraints of the zoned urban release areas and details how Council’s objectives can be addressed through future development of the village.

This report seeks endorsement from Council to publicly exhibit the Draft Bega and Wolumla Structure Plans for a minimum of 28 days.

Background

Recent population growth in the Bega Valley Shire is causing a housing shortage, both for purchase and for rent. This has accelerated the need for planning of future urban release areas and the need for supporting provision of additional housing stock in the short term.

To facilitate the development of identified future urban release areas, the Bega and Wolumla Structure Plan project has been funded by the Department of Planning and Environment’s Regional Strategic Planning Fund. The project is being delivered by Council with Better Cities Group as lead consultant in partnership with Development Directive, Think Economics and NGH Consulting.

A structure plan is a planning document which guides future land use and development for an area and is one of the first steps in the development of new urban areas. The Bega and Wolumla Structure Plans aim to accelerate the provision of development ready land to meet the shire’s current and future housing needs, and detail where and how residential growth and development will occur in the Bega and Wolumla urban release areas. Once adopted, the structure plans will provide a framework to guide Council when considering subdivision and development proposals.

The Bega and Wolumla Structure Plans project will:

· identify and plan for precincts in the Bega urban expansion area

· facilitate development of the existing zoned urban release area in Wolumla

· provide certainty for the development industry, government, service providers and the community to ensure future housing supply is well planned, adequately serviced, diverse, resilient and affordable

· set the strategic direction for how Council and NSW Government agencies plan and deliver infrastructure in these areas

· give effect to Council’s adopted vision, desired future character and strategic directions for residential development in these areas.

Bega urban growth area

The Bega Valley Shire Affordable Housing Strategy identifies Bega as one of the three key locations for the provision of affordable housing within the shire. Bega is the regional centre of the shire which currently has a shortage of suitably zoned greenfield land sites for future residential development. In total, 864ha of land to the south of the existing town has been assessed for the suitability for urban residential development in this project. More detailed master planning following the exhibition of the draft Structure Plan will determine the estimated number of houses this area could yield.

The Draft Bega Structure Plan:

· identifies which parts of the Bega urban expansion area are suitable for low and medium density urban residential development

· develops a plan to manage the sequencing and pattern of development and infrastructure provision

· identifies, coordinates and guides the provision of infrastructure to ensure that all suitable precincts may be developed to their full potential, including the passive and active transport network, electricity, water, wastewater and stormwater systems

· ensures the provision of an adequate quantity of high quality and accessible open space and connectivity to the Bega town centre.

The Draft Bega Structure Plan is Attachment 1 to this report.

Wolumla urban growth area

Wolumla is a village of around 40ha mid-way between Bega and Merimbula, with a population of approximately 700 people. Council has zoned around 75ha of land adjacent to the existing village which is expected to accommodate approximately 850 new homes or 1,800 people. The Wolumla urban release area consists of three land holdings. During the project, additional opportunity areas for residential development were identified and these have been included in the study area.

The Draft Wolumla Structure Plan:

· develops a plan to manage the sequencing of infrastructure provision to coordinate the development of three greenfield land holdings

· identifies, coordinates and guides the provision of infrastructure to ensure that all three sites may be developed to their full potential, including the passive and active transport network, electricity, water, wastewater and stormwater systems

· supports the provision of an adequate quantity of high quality and accessible open space and connectivity to the Wolumla town centre and key recreation facilities.

· identifies locations for additional commercial development and services appropriate to a local centre within the urban release area.

The Draft Wolumla Structure Plan is Attachment 2 to this report.

Aligning infrastructure delivery and planning

The project includes development of a high-level local planning and infrastructure funding strategy for both the Wolumla and Bega urban release areas to guide staging and required amendments to the Bega Valley Local Environmental Plan 2023, Bega Valley Development Control Plan 2023 and Council’s Local Infrastructure Contributions plan. The project will also identify any land required for acquisition or conservation, and an economic analysis will be produced to explain how the proposed Structure Plans will result in development that is economically sustainable into the future in relation to Council’s ongoing maintenance burden of dedicated infrastructure, including the active transport network, street and habitat trees, open space and associated play equipment.

Options

Options available to Council are to:

1. Place the Draft Bega and Wolumla Structure Plans on public exhibition for a period of not less than 28 days. At the end of the exhibition period, a further report would be submitted for Council’s consideration detailing the results of the consultation and any recommended changes to the structure plans. This is the recommended option.

2. Resolve not to exhibit the Bega and Wolumla Structure Plans. This option is not recommended as the draft structure plans will facilitate the provision of new housing in the Bega Valley Shire.

Community and Stakeholder Engagement

Community engagement with key stakeholder groups will be undertaken in accordance with Council’s Community Engagement Strategy. The project has been identified as Level 2 Consult on the IAP2 Spectrum.

A consultation strategy (Attachment 3) has been developed by the consultants and will be delivered with assistance from Council staff. Key stakeholders include: the Bega Valley Shire community, local Aboriginal people, affected landowners, Councillors, Council asset managers, Department of Planning and Environment, Transport for NSW, Rural Fire Service and Department of Education.

Engagement undertaken

Councillors were briefed by the consultants at the beginning of the project and have participated in two subsequent workshops on the draft structure plans with the consultants and staff in August and September 2023.

Engagement with the Bega Local Aboriginal Land Council, the Djirringanj Elders Federation, two major land owners in Wolumla and Bega, and Transport for NSW has also been undertaken.

Council staff from strategic planning, planning, certification (bushfire specialist), community and economic development, water and sewer, transport, waste and recreation infrastructure, communications and corporate resilience have been involved in various aspects of the project to date.

Engagement planned

Consultation of the draft structure plans is now ready to commence which will include public exhibition as well as targeted engagement activities in accordance with the project consultation strategy (Attachment 3). Details of the housing supply issue in the shire, the rationale for the project and the details for the Have Your Say process will be shared via Council’s newsletter and a media release. Small pop-up events at key locations within each location such as schools, shops and sporting fields will also be held.

Council’s website will host content detailing the housing supply issue in the shire, the rationale for the project and how the approach to planning urban areas in Bega and Wolumla aligns with adopted Council policy intentions. Information about the exhibition of the draft plans will also be shared through social media. Members of the community will be encouraged to provide feedback through a survey and Council’s ‘Have Your Say’ page.

Financial and Resource Considerations

The project is wholly funded by a $250,000 grant from the NSW Department of Planning and Environment’s Regional Housing Strategic Planning Fund. Council’s contribution to the project is by way of specialist staff and provision of available data and existing technical studies.

Legal /Policy

The project aligns with the Federal Government’s National Housing Accord which seeks to support a sustainable, long-term pipeline of additional housing supply and improve affordability.

The project aligns with the following principles and recommendations of the NSW Regional Housing Taskforce:

· Invest in upfront, place-based strategic planning to improve decision-making, provide certainty and enable more efficient assessments.

· Provide a more transparent and certain supply pipeline and activate latent supply by addressing infrastructure requirements and resolving site constraints.

· Strengthen collaboration by all levels of government and industry to improve the identification, funding, and delivery of infrastructure to support priority housing.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

The draft structure plans achieve the objectives of the Bega Valley Community Strategic Plan 2042, Bega Valley Shire Local Strategic Planning Statement, Climate Resilience, Residential Land and Affordable Housing Strategies through the application of adopted resilience outcomes and principles for new urban areas.

The draft structure plans are based on the following resilience outcomes of liveable and connected places:

• Sustainable development and growth

• Efficient land use

• Enhanced natural advantages and character

• Housing diversity

• Improved neighbourhood amenity and access to open space networks

• Pedestrian friendly town layouts

• Reduction in vehicle reliance

The draft structure plans achieve the following principles for new urban areas:

• Ensure sufficient residential land for population growth

• Increase diversity of housing

• Promote efficient use and provision of infrastructure

• Build in hazard protection and climate resilience

• Strengthen and support Bega as the Regional Centre

• Reinforce existing commercial centres and promote access to shops and services

• Preserve agricultural land and areas of high environmental value

The draft Structure Plans are consistent with the directions of the South East and Tablelands Regional Plan 2036 and Draft South East and Tablelands Regional Plan 2041.

Environment and Climate Change

The project aims to help achieve a resilient shire by planning for growth in a way that protects our natural systems, prepares for natural hazards and creates liveable and connected places.

The project will facilitate sustainable development and growth through enabling the delivery of enduring and resilient housing. It will ensure that planning for housing and infrastructure happen together so that that the way we plan for new homes shapes the characteristics that make healthy and resilient communities and places. The structure plans will ensure future housing responds to the environment, the changing climate, natural hazards including extreme heat, bushfires and flooding, and integrates with green infrastructure. By encouraging pedestrian friendly town layouts the project also seeks to reduce vehicle reliance.

Economic

The project will establish a pipeline of housing that creates choice for people and households at different price points. By accelerating the planning and delivery of housing in identified urban release areas, the project will address house price increases associated with supply shortfalls.

Risk

The structure plans will reduce risk by providing certainty for the development industry, government, service providers and the community by ensuring future housing supply in the area is well planned, adequately serviced, diverse, resilient and affordable.

Social / Cultural

The project will establish a pipeline of housing that creates choice for people and households, enabling people to live in homes of the right size with the right accessibility to well serviced locations, positively shaping the communities of the Bega Valley Shire. The draft structure plans address the future need for housing and provides direction about how and where residential growth will occur to support the growing population, ageing community and changes in household structure.

Attachments

1 ⇩. Draft Bega Structure Plan

2 ⇩. Draft Wolumla Structure Plan

3 ⇩. Structure Plans Engagement Strategy

Council 20 September 2023

Item 9.1

9.1. Tender award for the design, construction, operation and maintenance of an organics processing facility at the Central Waste Facility (RFT 10055231)

This report provides details on the tender RFT 10055231 for the design, construction, operation and maintenance of an Organics Processing Facility at the Central Waste Facility and seeks Council approval to execute a contract with the preferred tenderer.

Director Assets and Operations

Officer’s Recommendation

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

2. That Council accepts the tender from <insert> in relation to a contract for the services described in Tender RFT 10055231 for the design, construction, operation and maintenance of an organics processing facility at the Central Waste Facility, in the amount of <$insert> (including GST), subject to variations, provisional sums and prime cost items.

3. That authority is delegated to the Chief Executive Officer to execute all necessary documentation in relation to this contract.

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

5. That staff update the Waste Services long term financial plan to reflect Council’s decision.

Executive Summary

This report contains the outcome of tender evaluation RFT 10055231 for the design, construction, operation and maintenance of an Organics Processing Facility (OPF) at the Central Waste Facility (CWF) in Wolumla.

Council have been working with Public Works to facilitate the procurement process for this project, with 3 organisations invited to tender after an extensive early tenderer involvement process (ETI).

The tender was released on the buy.nsw website on 7 June 2023 and closed on 1 August 2023. There were 3 submissions, all of which were conforming. The submissions were received from:

· Cleanaway Pty Ltd

· Remondis Australia Pty Ltd

· SOILCO Pty Ltd

A thorough tender process was conducted as outlined in the attached confidential tender evaluation report prepared by Public Works, with the final recommendation representing value for money and demonstration of extensive experience. The preferred tenderer was ranked first by all members on the panel for non-price and price criteria.

Background

A review of Council’s organics processing facility capacity has been underway since staff first started receiving and composting Food and Garden Organics (FOGO) at the existing site in Merimbula in October 2018. The success of the FOGO rollout and subsequent take-up of the community meant that volumes of FOGO received, coupled with the existing incoming volumes of GO, quickly exceeded projected expectations, and in 2019 staff commenced investigations into processing facility upgrades and how they fit into the future planned uses of Council’s waste sites. The following chronology of historic council decisions details that pathway that has led to our current position:

· Council’s Waste Strategy was workshopped with Councillors in 2019 and presented to Council in August 2020 for adoption. After this meeting community information sessions were held around the Bega Valley throughout September and October 2020 to communicate the outcomes of the Waste Consolidation and Modernisation Strategy.

· At its February 2021 meeting, Council resolved to move the organics processing operation to a new, purpose-built facility at the Central Waste Facility in Wolumla. Part of that resolution was to explore whether industry could take on this operation.

· In May and June 2021, staff facilitated a broad-level expression of interest (EOI) process, to gauge external interest in organics processing. Ten submissions were received.

· At the September 2022 meeting, Council resolved to undertake a multi-phase procurement process, starting with an EOI process for prospective tenderers, and delegating responsibility to the Chief Executive Officer to select 3 EOI respondents to participate in an Early Tenderer Involvement process (ETI), followed by an invitation to tender.

· A final Council workshop was held on 31 May 2023 to update councillors on the procurement approach and outcome of the ETI phase.

The early tenderer involvement process (ETI) involved two face-to-face workshops with the nominated participants, as well as Council and Public Works, to discuss in detail both the contract and the facility requirements. After the second workshop the three participants were invited to tender.

The tender called for the design and construction for a 15,000 tonne per annum facility, plus a period of operation and maintenance of 10 years with options to extend up to 2 x 5-year periods. The design was to incorporate an ability for expansion up to a 30,000 tonnes per annum in a covered aerated static pile (CASP) facility to allow for future growth in volumes of feedstock. The contract detail and facility design specifications are informed by years of research by staff incorporating technical advice and reports from independent consultants, as well as advice from the prospective tenderers through the ETI process.

The procurement process was managed by Public Works and outlined in detail in the attached confidential attachment. The weighting ratio of price to non-price criteria is 55:45.

A tender evaluation was completed on 9 August 2023 and the tender submissions were assessed against the following evaluation criteria:

Price criteria:

Total Milestone 1A and 1

Milestone 1A and 1:

Complete the concept design submitted with the tender to the detail required for inclusion in the EIS.

Participate in fortnightly meetings with Council and its EIS consultant up to the EIS going on exhibition. (allow 13 of)

Provide additional information when requested by Council outside attendance at the fortnightly meetings to assist in the finalisation of the EIS up until the EIS goes on exhibition. (26 hours)

Provide additional information when requested by Council between the EIS going on exhibition and the Council obtaining the necessary Development Consent or until the Contract is terminated if Development Consent cannot be obtained.

Milestone 2:

LS 2.1 Develop and obtain the necessary Construction Certificate and the initial Environmental Protection Licence required to allow construction to start on the Site.

LS 2.2 The indirect costs for all work necessary to complete the design ready for construction, and construct and commission the OPF.

LS 2.3 The direct costs, excluding all indirect costs included in item LS-2.2, for all work necessary to complete the design ready for construction and construct and commission the OPF where that work is not included in items LS-2.1 and LS-2.4.

LS 2.4

· Develop and obtain approval to the EPL required to allow Milestone 3 to start.

· Finalise the COMP (Contractor’s Operations and Maintenance Program) for use in undertaking Milestone 3.

· Any other works required to allow Milestone 3 to start not included in the three other Milestone 2 payment items.

Milestone 3

3.1 Take delivery and process up to 15,000 tonnes per annum of GO and FOGO delivered by Council over the first 10 years.

3.1.1 Residual quantity 0 to 5%. 67,500 Tonnes

3.1.2 Residual quantity greater than 5% and up to 10%. 60,750 Tonnes

3.1.3 Residual quantity above 10% 6,750 Tonnes:

3.2 Annual amount to Operate and Maintain the OPF (for 10 years)

Total price weighting 55%

A sensitivity analysis is referenced in the Public Works recommendation report which modelled 6 scenarios of varying tonnages at different residual rates to determine if the outcome of the total cost of Milestone 3 varies considerably from the outcome detailed above. Every scenario showed the preferred tenderer demonstrating best price for Milestone 3.

Non-price criteria:

*Design that achieves best whole of life value*. Demonstrate the knowledge and experience you will bring to ensure the design and construction of the facility achieves the best whole of life value for money, including processing technology, proposed workability of the site, how the site might be scaled to take increased volumes, how the facility will integrate with other Central Waste Facility activities.	30%
*Environmental Targets*. The proposal clearly demonstrates how you will assist Council in meeting its climate, environment and clean energy-based targets as outlined in Council’s adopted strategies.	10%
*Obtaining and implementing the Environment Protection License (EPL)* Detail the proposed approach to obtain the EPL (Milestone 3) and how the requirements of the EPL will be managed to ensure full compliance.	15%
*Understanding of the requirements of the Contractor’s Operation and Maintenance Program (COMP).* Submit detailed information on the approach proposed to ensure the proper operation and maintenance of the Works and how that has been reflected in the COMP submitted in the returnable Schedule of Program Information and how you will ensure the Works are Defects free at the end of the term of the Lease.	15%
*Oversize Material Management Plan*. Provide details of how you will manage the resultant oversized material from the processing activities.	10%
*Local Outcomes*. The proposal demonstrates local benefits and outcomes for the community and environment, maximising the potential for circular economy stimulus through the design, construction, operation, maintenance and sale of organic products to market. In particular, how the proposal demonstrates positive indigenous outcomes and benefits will be looked upon favourably.	20%

Total non-price weighting 45%

The tender evaluation was undertaken by staff from Council and Public Works. Financial checks and a tender evaluation report (attached) was prepared by Public Works and signed off by their Tender Evaluation Review Panel, and Executive Director prior to being received by Council.

Options

1. Accept the preferred tenderer as recommended in the confidential attachment and enter into a contract with that tenderer.

This is the recommended option.

2. Enter into a contract with another tenderer.

3. Reject all tenders and re-tender for this package of work.

4. Reject all tenders and continue Council’s organics processing operation indefinitely.

5. Reject all tenders and outsource organics processing to another facility outside the Bega Valley.

Community and Stakeholder Engagement

Engagement undertaken

Council staff have been engaging with the local community and various stakeholders through the project’s development. These groups include:

· Department of Planning and Environment

· Environmental Protection Authority

· Local and wider community through community briefings for the Waste Consolidation and Modernisation Strategy during September - October 2020

· CWF Consultative Committee

· Council staff, including waste operations staff

· Media releases

· Regular updates provided to the staff at the Merimbula Organics Processing Facility

Engagement planned

Council is proposing to undertake further community consultation prior to the development application being submitted and provide an opportunity for the community to have their say on the development and incorporate their feedback into shaping the EIS. Once the EIS is on public exhibition, further submissions are sought from the public in accordance with the provisions of the Bega Valley Shire Community Engagement Strategy, and a submissions report will be prepared and responded to.

Financial and Resource Considerations

The cost for designing and constructing the organics processing facility is a one-off expense. Expenses for operation and maintenance of the facility will be a monthly figure with a fixed portion for maintenance, and a variable portion based on volumes received and the residual rate sent to landfill.

The project forms part of a large program of work which have been supported by Council’s waste strategy and subsequently incorporated in the delivery and operational plan, and the long-term financial plan.

Grant funding to the value of $4.2 million has been awarded to Council by the NSW EPA under the Bushfire Recovery Program for various projects relating to infrastructure at the CWF site. As part of this funding package, $700,000 was allocated towards due diligence, investigation and preparation works associated with the CWF landfill expansion and organics processing facility development applications and $100,000 allocated for the facility design.

The remaining funding for the construction elements of this project will be serviced by borrowings.

Item	$ Excl GST
Expenditure Detail
Milestone 1 and 1a - Design<list project scope deliverables>	Refer confidential attachment
Milestone 2 – Construct and Commission	Refer confidential attachment
Milestone 3 – Operate and Maintain	Variable, dependent on incoming volumes
Total Expenditure	XXXX (sum of all costs)

Source of Funds
Bushfire Recovery Program Grant (Milestone 1 and 1A)<approved budget\|revenue funded>	Refer confidential attachment
Loan (Milestone 2)<grant income\|name of grant>	Refer confidential attachment
Waste Fund – Milestone 3<reserve funds\|name of reserve	Variable, dependent on incoming volumes
Total income available	* total income = total project cost
	Refer confidential attachment
Total Project Capital Cost
Total Available Construction Funding
Project Funding Shortfall	*= total expense – total income*

Financial Option Impacts | Life Cycle Costing

Ongoing Financial Impacts	$ Excl GST
Capital Investment \| New
Annual maintenance and operational costs
Depreciation costs

Legal /Policy

The procurement process used for this project is consistent with Local Government Act 1993 and the Local Government (General) Regulation 2005.

The contract form follows NSW Government’s GC 21 contract.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

The construction of a new organics processing facility is referenced in the Community Strategic plan:

3 - Sustainable Living
        3.6 - We are leaders in sustainable living and support innovative approaches to resource recovery and the production of renewable energy and food
                3.6.3 - Deliver strategic waste minimisation programs
                        Action: 3.6.3.5 - Design and prepare development application for upgraded                        organics processing facility.

The project is also referenced in the adopted Waste Management and Resource Recovery Strategy (2018-2028) ‘Recycling the Future’ to consider "co-locating [the organics processing facility] with other resource recovery activities at a dedicated facility in the longer term.”

Environment and Climate Change

Composting garden and food material reduces the methane produced when organic material decomposes. The resulting composted material can be applied to land as a soil conditioner and has benefits to the environment, soils and plants. It reduces waste to landfill and sequesters carbon in the soil. It improves soil quality, reduces the need for fertilisers, increases soil moisture, and improves plant growth.

Managing the recycling of organics locally will contribute to the circular economy.

The facility would support the Climate Resilience Strategy by reducing waste to landfill (Liveable and Connected Places).

The Environmental Impact Statement (EIS) that is being prepared will consider all potential impacts of the proposed development on the social, natural and built environment, and develop appropriate measures to avoid, minimise, mitigate and/or manage these potential impacts in accordance with the Environmental Planning and Assessment Act 1979.

Economic

Processing organics waste within the Bega Valley supports local spending, employment, and our greater ambition to develop circularity more broadly across the shire. Regardless of the operating model, committing to the construction of a new purpose-built facility provides Council with the opportunity to retain organics processing locally, while also producing a better quality, more marketable compost product for local and regional distribution.

Risk

A risk management plan has been prepared for the CWF organics processing facility project. Risk has been minimised by undertaking a comprehensive early tenderer involvement process with Public Works and as part of the EOI and tender process they have undertaken substantial financial checks through EQUIFAX.

The early tenderer involvement process minimised the risk of tender submissions containing numerous departures and qualifications and the preliminary designs were similar in nature due to the strength of this process.

The associated EIS for the development will mitigate potential risks identified by the agencies identified above and as part of the development assessment process.

The facility will be built to manage risks including leachate, stormwater, dust, odour and noise.

Social / Cultural

The community has overall been very positive about the introduction of FOGO in late 2018. Plans for extending the FOGO kerbside collection and FOGO for businesses collections are currently on hold until infrastructure can be constructed to cope with the increased volumes.

Whilst the initial responses to the CWF being constructed at Wanatta Lane were less positive, there have been few complaints since the CWF became operational in December 2013.

Any changes to the CWF site are expected to be heavily scrutinised by the public and local community groups. The EIS process will seek to address those concerns and avoid, minimise, mitigate, and/or manage those potential impacts.

Construction of a new processing facility will not impact residents access to waste disposal services. There will be no changes to waste collection services (kerbside bins), and transfer station operations will remain unchanged. Conversely, a new purpose-built facility of the scale as proposed provides Council with greater capacity to expand FOGO collection services to the community.

Attachments

1 . RFT 10055231 Organics Processing Facility Tender NSW Public Works Recommendation (Confidential - As this attachment contains commercial information of a confidential nature that would, if disclosed (i) prejudice the commercial position of the person who supplied it; or (ii) confer a commercial advantage on a competitor of the Council; or (iii) reveal a trade secret as per Section 10A(2)(d) of the Local Government Act 1993.

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

2 . RFT 10055231 Organics Processing Facility confidential memo (Confidential - As this attachment contains commercial information of a confidential nature that would, if disclosed (i) prejudice the commercial position of the person who supplied it; or (ii) confer a commercial advantage on a competitor of the Council; or (iii) reveal a trade secret as per Section 10A(2)(d) of the Local Government Act 1993.

Council 20 September 2023

Item 9.3

9.3. Request For Tender (RFT) 2223-093 Candelo Bridge Restoration Works Disaster Recovery Funding Arrangements

This report outlines the evaluation of tender RFT 2223-093 Candelo Bridge restoration works Disaster Recovery Funding Arrangements (DRFA) 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 the contract for the works as described in RFT 2223-093, in the amount of $ <insert> (including GST), subject to variations and provisional sums

3. That authority is delegated to the Chief Executive Officer to execute all necessary documentation in relation to RFT 2223-093

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

Executive Summary

This is a minor works restoration project in accordance with MW21 conditions of contract, to construct a concrete curtain wall under the bridge pile cap as per design, provide scour protection and construct abutment protection.

The works will address damage caused by multiple flood events and is funded under the Australian Government Disaster Recovery Funding Arrangements (DRFA). The project has defined completion dates, determined by the DRFA guidelines, which will be enforced by the authorising agency, Transport for NSW (TfNSW).

The tender evaluation plan (TEP) is consistent with clause 176 to 178 of the Local Government (General) Regulation 2021, Council’s procurement policies and the Request for Tender (RFT) document.

Background

On 17 July 2023, RFT 2223-093 was issued via Vendor Panel seeking a principal contractor to complete construction works as per approved design. At the close of the tender period on 14 August 2023 four submissions were received.

The key objectives of the project are:

· Complete all works within the specified timelines to align with DRFA funding guidelines

· Deliver works within the allocated budget

· Ensure the quality of work detailed in relevant designs, specifications and standards are achieved

· Ensure that personnel working on-site, members of the community and visitors to the site are adequately protected from risk of injury or illness

· Ensure that appropriate environmental protection measures are implemented on works undertaken within the work areas

The tender evaluation process and outcome is detailed in the Confidential Memorandum. Note: Information provided by tenderers within their tender submission, in particular price information, is ‘commercial in confidence’. Accordingly, this information and the details of the tender evaluation are provided in a confidential memorandum.

Submissions were assessed on those best meeting Council’s overall project objectives and based on the below listed criteria and weightings as outlined in below assessment table.

Criteria	Weighting %
Price Score: Overall project cost	40
Lump sum price breakdown	5
Schedule of rates for variations	5
Proposed construction arrangements, including site establishments and traffic management plan	5
Construction program	10
Recognition of local outcomes, demonstration of support for local business and community enterprise	5
Support of Indigenous business development, provision of opportunities for Indigenous Australians to participate in the economy	5
Experience completing similar projects	10
References	5
Work health and safety, quality and environmental management qualifications& experience	5
Demonstrated capacity to undertake a project of this scale	5
TOTAL	100%

Options

1. Proceed with the recommended tenderer.
Allows commencement of works to align with tender program which meets DRFA delivery timeline requirements and reduces risk of pricing increases exceeding approved budget

2. Reject recommended tenderer.
This will result in missed DRFA deadlines and subsequent retraction of agreed funding

Community and Stakeholder Engagement

Engagement undertaken

Council is committed to engaging with the community using the IAP2 Framework. This project is defined as a small-scale project with low impact, adopting level of engagement to Inform under the framework.

In addition, Council staff have consulted with local Landcare representatives to consult and review the sites erosion and sediment control plan along with CEMP of activities during the construction phase.

Engagement planned

Minimal traffic disruption is expected during this project. The community will be notified of any temporary traffic arrangements during the construction period and Notification of works commencing via appropriate BVSC media communication channels will be issued. Focus of project management will be during construction, ensuring minimal impact to the community. Proactive review and consultation with all relevant stakeholders will be carried out in addition to review processes implemented during the works.

The contractor will be required to carry out all works in accordance with the REF and DPI Fisheries Permit and work in coordination with Council’s representative. The contractor is also required to produce an Environmental Management Plan which will be monitored by Council.

Financial and Resource Considerations

The tender finance and resource considerations are detailed in the Confidential Memorandum

Item	$ Excl GST
Expenditure Detail
<list project scope deliverables>	Refer Confidential Memorandum
Total Expenditure	XXXX (sum of all costs)
	Refer Confidential Memorandum
Source of Funds
<approved budget\|revenue funded>	Refer Confidential Memorandum
Total income available	* total income = total project cost
	Refer Confidential Memorandum
Total Project Capital Cost
Total Available Construction Funding
Project Funding Shortfall	*= total expense – total income*

Financial Option Impacts | Life Cycle Costing

Ongoing Financial Impacts	$ Excl GST
Capital Investment \| Renewal, Upgrade, New	NIL
Annual maintenance and operational costs	Not applicable
Depreciation costs	NIL
User charges (annual income)	NIL

Legal /Policy

The tender process was undertaken in accordance with Section 55 of the Local Government Act 1993 and Part 7 of the Local Government (General) Regulation 2005.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

This project aligns with the Community Strategic Plan:

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

6.12.25: Coordinate the planning and implementation of the disaster recovery infrastructure program.
Action: Delivery of funded infrastructure replacement projects

Environment and Climate Change

A Review of Environmental Factors (REF) has been undertaken for the project in accordance with the provisions of Part 5 of the Environmental Planning and Assessment Act 1979 (EP&A Act 1979).

Commencing December 2022, Council engaged On Site CHM to prepare an Aboriginal Heritage Due Diligence Assessment to meet the legislative and policy requirements for the protection and management of Aboriginal heritage under the NSW National Parks and Wildlife Act 1974 and the BVSC Local Environment Plan and demonstrate that the objectives and requirements of the BVSC DCP have been considered.

The results and conclusion of the due diligence assessment has:

· Assessed the proposal area underneath and to either side of Candelo Bridge, Eden Street as highly disturbed via historical construction and as having a low potential for archaeological material (Aboriginal objects).

The report recommends:

· The area of proposed works under Candelo Creek Bridge, Eden Street has been assessed as highly disturbed land with low potential for any archaeological material and requires no further assessment.

The works will be carried out in accordance with Part 7 of the Fisheries Management Act 1994 under approved permit PN22/460.

Economic

The Disaster Recovery Funding Arrangements (DRFA) are a joint funding initiative of the Australian and State Governments to provide disaster relief and recovery payments and infrastructure restoration to help communities recover from the effects of natural disasters.

Risk

The RFT evaluation included an assessment against quality and price criteria to allow Council to achieve a value for money outcome balanced on quality, price and risk.

A contingency amount is included in project cost to address design omissions or latent conditions during construction phase. Consistent with the conditions of contract, all variations will be approved by Council prior to implementation.

A risk assessment will be maintained throughout the duration of the construction works and staff will monitor all risks associated with safety, environment, budget, program and community engagement.

Social / Cultural

As previously referenced, a review of environmental factors and Aboriginal due diligence investigation was carried out which identified I was unlikely the works would pose any significant risk.

Attachments

1. Confidential Memorandum RFT 2223-093 Candelo Bridge Restoration Works (DRFA) (Confidential - As this attachment contains commercial information of a confidential nature that would, if disclosed (i) prejudice the commercial position of the person who supplied it; or (ii) confer a commercial advantage on a competitor of the Council; or (iii) reveal a trade secret as per Section 10A(2)(d) of the Local Government Act 1993.

Council 20 September 2023

Item 9.4

9.4. Request For Tender (RFT 2223-105) Upper Brogo Road Restoration Works Disaster Recovery Funding Arrangements

This report outlines the evaluation of tender RFT 2223-105 Upper Brogo Road Restoration Works Disaster Recovery Funding Arrangements (DRFA) and recommends award to the preferred tenderer.

Director Assets and Operations

Officer’s Recommendation

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

2. That Council accepts the tender from <insert> in relation to contract for the works as described in tender 2223-105, in the amount of $<insert> (including GST), subject to variations and provisional sums

3. That authority is delegated to the Chief Executive Officer to execute all necessary documentation in relation to RFT 2223-105

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

Executive Summary

This is a minor works restoration project in accordance with MW21 conditions of contract, to undertake repair works to 24 sites damaged due to multiple natural disaster flood events on Upper Brogo Road.
Works are to be performed on various asset types including;

· Embankments

· Road - (culverts/floodway/bridge/structure)

· Stormwater infrastructure

· Unsealed road repair section

· Sealed road repair section

· Table drains

This project is fully funded under the Australian Government Disaster Recovery Funding Arrangements (DRFA). The project has defined completion dates, determined by the DRFA guidelines, which will be enforced by the authorising agency, Transport for NSW (TfNSW).

The tender evaluation plan (TEP) is consistent with clause 176 to 178 of the Local Government (General) Regulation 2021, Council’s procurement policies and the Request for Tender (RFT) document.

Background

On 24 July 2023, RFT 2223-105 was issued via VendorPanel seeking a principal contractor to complete construction works as per approved scope of works. At the close of the tender period on 14 August 2023 two submissions were received.

The key objectives of the project are:

· Complete all works within the specified timelines to align with DRFA funding guidelines

· Deliver works within the allocated budget

· Ensure the quality of work detailed in relevant designs, scope of work specifications and standards are achieved

· Ensure that personnel working on-site, members of the community and visitors to the site are adequately protected from risk of injury or illness

· Ensure that appropriate environmental protection measures are implemented on works undertaken within the work areas

Submissions were assessed on those best meeting Council’s overall project objectives and based on the below listed criteria and weightings as outlined in below assessment table.

Criteria	Weighting
Project Value, made up as follows:
Overall Project Cost	40%
Lump Sum Price Breakdown	5%
Schedule of Rates for Variations	5%
Project Delivery and Functionality, made up as follows:
Proposed construction arrangements, including site establishments and traffic management plan	5%
Construction Program	10%
Recognition of local outcomes, demonstration of support for local business and community enterprise	5%
Support of Indigenous business development, provision of opportunities for Indigenous Australians to participate in the economy	5%
Project Experience, made up as follows:
Experience completing similar projects	10%
References	5%
Work health and safety, quality and environmental management qualifications and experience	5%
Demonstrated capacity to undertake a project of this scale	5%

Options

Proceed with the recommended tenderer
Allows commencement of works to align with tender program which meets DRFA delivery timeline requirements and reduces risk of pricing increases exceeding approved budget

Reject recommended tenderer
This will result in missed DRFA deadlines and subsequent retraction of agreed funding

Community and Stakeholder Engagement

Engagement undertaken

Stakeholders will be the broad community, local residents and business owners and bus companies.

Engagement planned

The contractor will be required to carry out all works in accordance with the REF, DPI Fisheries Permit (where required) and Construction and Environmental Management Plan and work in coordination with Council’s representative.

Financial and Resource Considerations

Refer to confidential memorandum

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

Total Expenditure	XXXX (sum of all costs)

Source of Funds
<approved budget\|revenue funded>	Refer confidential memo
<grant income\|name of grant>
<reserve funds\|name of reserve
Total income available	* total income = total project cost
	Refer confidential memo
Total Project Capital Cost
Total Available Construction Funding
Project Funding Shortfall	*= total expense – total income*

Financial Option Impacts | Life Cycle Costing

Ongoing Financial Impacts	$ Excl GST
Capital Investment \| Renewal, Upgrade, New	NIL
Annual maintenance and operational costs	NIL
Depreciation costs	NIL
User charges (annual income)	NIL

Legal /Policy

The tender process was undertaken in accordance with Section 55 of the Local Government Act 1993 and Part 7 of the Local Government (General) Regulation 2005.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

This project aligns with the Community Strategic Plan:

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

· 6.12.25: Coordinate the planning and implementation of the disaster recovery infrastructure program.
Action: Delivery of funded infrastructure replacement projects

Environment and Climate Change

A Review of Environmental Factors (REF) has been undertaken for the project in accordance with the provisions of Part 5 of the Environmental Planning and Assessment Act 1979 (EP&A Act 1979).
Due diligence assessment reports Aboriginal heritage sites have been identified in the surrounding areas. Contractors are required to adhere to all recommendations in the provided Due Diligence report and Review of Environmental Factors (REF) document, including proceeding with caution with all construction works and ceasing works if any unexpected specimens are uncovered. These works are deemed low potential for archaeological material (Aboriginal objects). And consideration has been given to embankment sites to adopt stabilisation methods such as jute mesh to mitigate need for excavation.

Economic

Risk

The RFT evaluation included an assessment against quality and price criteria to allow Council to achieve a value for money outcome balanced on quality, price and risk.

A risk assessment will be maintained throughout the duration of the construction works and staff will monitor all risks associated with safety, environment, budget, program and community engagement.

Social / Cultural

As previously referenced, a review of environmental factors and Aboriginal due diligence investigation was carried out which identified I was unlikely the works would pose any significant risk.

Attachments

1. Confidential Memorandum RFT 2223-105 Upper Brogo Road Restoration Works (DRFA) (Confidential - As this attachment contains commercial information of a confidential nature that would, if disclosed (i) prejudice the commercial position of the person who supplied it; or (ii) confer a commercial advantage on a competitor of the Council; or (iii) reveal a trade secret as per Section 10A(2)(d) of the Local Government Act 1993.

Council 20 September 2023

Item 10.1

10.1. Local Government NSW (LGNSW) Annual Conference 2023 - Motions

The Local Government NSW Annual Conference will be held at the Rosehill Gardens Racecourse, Sydney from Sunday 12 November to Tuesday 14 November 2023 and is the pre-eminent policy making event for the Local Government sector in NSW.

Chief Executive Officer

Officer’s Recommendation

That Council:

1. Endorse the following Motions being submitted to LGNSW for consideration for inclusion onto the Agenda for the Annual Conference, to be uploaded by 12 midnight (AEST) on Sunday 15 October 2023 to the LGNSW website:

a. Audit Arrangements as included in this report

b. Purpose and future direction of NSW Reconstruction Authority as included in this report

c. Funding of Pensioner rebates as included in this report

d. Skills shortages as included in this report

e. Skills for Visas in regional communities as included in this report

f. Rating of unrateable land as included in this report

g. Local Emergency Management Officers as included in this report

h. Grants flexibility and visibility as included in this report

i. Roads and bridges as included in this report

j. Forestry Corporation contribution to road maintenance as included in this report

k. Affordable Housing as included in this report

l. Funding for homelessness services as included in this report

m. Improved public housing as included in this report

n. Grant funding for planning and strategy development as included in this report

o. Power provision to government owned infrastructure as included in this report

p. Council fleet transition to electric vehicles as included in this report

q. Councillor misconduct review as included in this report

r. Role of Councils and election information as included in this report

s. Freight connectivity to international airports as included in this report

t. Policy framework and funding for joint-use facilities as included in this report

u. Skills shortages - Childcare as included in this report

v. Changes to residential lease termination provisions as included in this report

w. Doctor servicing of hospitals as included in this report

x. Funding model for arts and cultural facilities as included in this report

2. That Council request LGNSW to update its’s Housing and Homelessness priorities to reflect the existing 30% mandate of social and affordable on government owned land and that the Council seeks for that mandate to be higher.

Executive Summary

Council is a member of LGNSW, the peak Local Government body in NSW.

Each year, member Councils across NSW submit a range of motions to the Annual Conference conducted by Local Government NSW (LGNSW). These motions relate to strategic local government issues which affect members state-wide and introduce new or emerging policy issues and actions. They are debated and resolved by Conference delegates, with successful resolutions guiding LGNSW’s advocacy priorities for the year ahead.

In regard to recommendation 2, the 2023 LGNSW Advocacy Priorities (Attachment 1- page 7) and 2023 LGNSW Policy Platform (Attachment 2- page 16, 8.1.c) related to Housing and Homelessness currently state the following:

Setting minimum targets of 5-10 per cent social and affordable housing across NSW and at least 25 per cent on government-owned land

The state government already has a mandate for 30% social and affordable on government owned land and Council is seeking LGNSW update the advocacy action and seek for the mandate to be higher.

Background

Criteria for motion submission

The LGNSW Board has resolved and advised Council that motions will be included in the Business Paper for the Conference only where they:

1. are consistent with the objects of LGNSW (Rule 4 of the Association’s rules).

2. relate to or concern local government as a sector in NSW and/or across Australia,

3. seek to establish or change policy positions of LGNSW and/or improve governance of the Association (noting that the LGNSW Board is responsible for decisions around resourcing any campaigns or operational activities, and any necessary resource allocations will be subject to the LGNSW budgetary process),

4. have a lawful purpose (a motion does not have a lawful purpose if its implementation would require or encourage non-compliance with prevailing laws),

5. are clearly worded and unambiguous in nature, and

6. do not express preference for one or several members over one or several other members.

Motions adopted at Conferences inform LGNSW’s advocacy actions on behalf of the local government sector. LGNSW includes the exact wording of motions when writing to Ministers, departments and agencies post-conference, so it is important that the wording of motions clearly outlines your council’s policy intent or objective.

The format of motions, as much as possible, should call on a specific body (e.g. LGNSW, state government, federal government, a specific department or minister) and have a specific outcome that the motion is aiming to achieve. The wording should be unambiguous.

Motions must also be accompanied by evidence for example an extract from Council Minutes that Council has resolved to submit the motion to the LGNSW Conference and members are encouraged to submit motions by Friday 15 September 2023. The latest date motions can be submitted for inclusion in the conference business paper is Sunday 15 October 2023.

Full details on the submission of motions can be found at: Motions | Local Government NSW | Annual Conference (lgnswconference.org.au)

Motions proposed by Bega Valley Shire Councillors

Indicative category of the motion:	Council governance and accountability
Motion Title	Audit Arrangements
Motion Wording	That LGNSW: 1. Advocate to the NSW Government to review the current NSW Local Government Audit arrangements through the Audit Office to manage their contractors to deliver local government audits that reduce costs and meet the agreed timeframes so councils can report their financial statements in accordance with legislative requirements. 2. Advocate to the NSW Government to cover the full costs of Audit of Local Government in NSW
Background note:	In 2018 the NSW Audit Office became the Auditor for all NSW Councils. This led to the appointment of contractors being appointed to Councils to undertake the annual financial statement audit. Baseline costs of the audit have been continuing to increase. Our council has seen a 23% increase in fees between 2019 and 2022. In addition, contractors are deploying auditors with limited or no experience in auditing local government and finance staff in Councils are made to be responsible for training the contracted auditors through the process, resulting in duplication and excessive time to deliver the audit, impacting legislative compliance. The relationship between the Audit Office and the contractor adds additional process time as they negotiate between themselves the requirements and evidence provided during the audit process. In addition, with the few auditors being deployed across all of NSW agreed annual engagement plans are not being met and there is no financial recompense provided to council for breaches in agreement. In some cases, it has resulted in additional invoicing from the auditor.

Indicative category of the motion:	Social and community policy
Motion Title	Purpose and future direction of NSW Reconstruction Authority
Motion Wording	That LGNSW: 1. Seek clarity from the NSW Government on the purpose and future direction of NSW Reconstruction Authority (formerly Resilience NSW). 2. Seek clarity on how the various plans it has identified Councils will need to develop and reviewed on an ongoing basis will be funded.
Background note:	Following an inquiry into the response to the 2022 NSW Floods, Resilience NSW was dismantled and the NSW Reconstruction Authority was established under legislation in November 2022. Both departments were preceded by the Office of Emergency Management. The NSW Reconstruction Authority outlines that it is dedicated to facilitating disaster prevention, preparedness, recovery, reconstruction, and adaption to the effects of natural disasters in NSW. Councils are key stakeholders and are seeking clarification from Government on how the NSW Reconstruction Authority will function moving forward and the resourcing allocated to implement the various plans it has committed itself and Councils to deliver including the NSW Recovery Plan, State Disaster Mitigation Plan, Local Disaster Adaptation Plans, Council Pre-Event Recovery Plans.

Indicative category of the motion:	Council governance and accountability
Motion Title	Funding of Pensioner Rebates
Motion Wording	That LGNSW: Call on the NSW government to fully fund pensioner rebates and take the additional financial burden off non pensioner ratepayers.
Background note:	The system of rating in NSW allows for pensioners to receive a rebate from their rates. Although this principle has merit and is generally supported by councils there are consequences that are not supported. Councils have costs of providing services to their communities and if council is essentially ‘retuning revenue’ to some of its ratepayers being pensioners it means they need to generate offsetting revenue from their ratepayers to cover the cost of rebates. If there is demographic change over time resulting in more pensioners in a local government area (LGA) this can further exacerbate the issue. The solution to address inequities within different LGA’s is for the NSW Government to fully fund pensioner rebates.

Indicative category of the motion:	Industrial relations and employment policy
Motion Title	Skills shortages
Motion Wording	That LGNSW: 1. Call on the NSW and Federal Governments to provide incentives to address critical sector skills shortages effecting private and public investment, primarily in the fields of planning, engineering and building certification with these incentives to be in the form of scholarships, co-funding cadetships and reduced university course costs. 2. Encourage all NSW to provide cadetship programs to build sector capacity in areas of critical sector skill shortages
Background note:	NSW is currently facing a housing affordability and availability crisis with a number of factors contributing to the situation. There is also an enormous pipeline of public investment that has been targeted at unlocking future economic growth. It is becoming more apparent that there is an imbalance between demand for a number of skilled professions and supply of practitioners in those fields that is creating a real barrier to housing and enabling infrastructure development. Key shortage areas in both the private and public sector are most acute in the engineering (including development engineering), planning (including development assessment) and building certification areas. Competition for the relatively limited supply of these professions compared to demand means that everyone is competing for the same number of limited people, rather than addressing the underlying issue of supply in the fields. Through targeted incentives there is the opportunity to address the issue albeit it recognising the investment is for the longer term benefit.

Indicative category of the motion:	Industrial relations and employment policy
Motion Title	Skills for Visas in regional communities
Motion Wording	That LGNSW: Advocate to the Federal Government Department of Home Affairs and Investment NSW to utilise the Regional Development Australia Skills Audits to better inform the skilled occupation list, with each region able to have a regionally specific skills list tailored to identified regional needs. This will ensure a more efficient matching of migrants and skills and will help to retain migrant skills within the regions.
Background note:	It is imperative that regional communities are able to attract and retain suitable skilled workers. The Skilled Work Regional (Provisional) visa (subclass 491) allows skilled migrants to live, study and work in designated regional areas for a period of 5 years. It is a provisional residency visa available to skilled workers who are willing to live and work in a designated regional area (successful applicants can apply for a permanent visa after 3 years). It is available both to skilled workers who are already living and working in Australia as temporary residents, and to those living outside Australia. NSW participates in the 491 visa program to support its regional economies and communities through the settlement of highly skilled migrants who are committed to living and working in regional NSW long term. The process for determining the list of skills needed in regional communities, which are then aligned with the 491 visa program, has evolved over time and does not adequately or accurately represent the real skills needed in regional Australia.

Indicative category of the motion:	Economic Policy
Motion Title	Rating of unrateable land
Motion Wording	That LGNSW: Call on the NSW Government to change legislation to allow the rating of forestry and other currently unrateable government land.
Background note:	Across NSW there are large sections of government-owned unrateable land. Often the government-owned land is dependent on local government assets and services to support its function and use. Examples of this include forestry trucks traveling on local and regional road networks and visitors to national parks accessing local road networks. In the Bega Valley Shire, 78% of the land is non-rateable, contributing to our financial sustainability issues.

Indicative category of the motion:	Council governance and accountability
Motion Title	Local Emergency Management Officers
Motion Wording	That LGNSW: Call on the NSW Government to use funds allocated to the NSW Reconstruction Authority to fund executive level Local Emergency Management Officers (LEMOs) to ensure that our communities are better prepared for and protected during emergencies.
Background note:	Over time the expectations from the State Government and the community on local government related to emergency management have increased yet there are not the resources available to meet the needs for emergency management planning, response and recovery. Under the State Emergency Response Management (SERM) Act Councils have been given two key un-resourced responsibilities. The first of those is to convene a Local Emergency Management Committee (LEMC) which has broad responsibilities relating to planning for and managing during emergencies. The second is to employ a Local Emergency Management Officer (LEMO) which has defined responsibilities under the act. Council resourcing and support of emergency management is highly variable. In many cases in rural and regional areas the LEMO role is tacked on to the responsibilities of another employee of council, sometimes a lower-level officer role and other times to an already overstretched executive team member role. In reality the responsibility should sit much closer to an executive level role. The function should report directly to the General Manager/CEO who has legislative responsibility for chairing the LEMC.

Indicative category of the motion:	Infrastructure policy
Motion Title	Grants flexibility and visibility
Motion Wording	That LGNSW: Advocate to both the State and Federal Government for greater flexibility in grant funding related to financial estimates, increased visibility of program announcements and application timeframes and improved consistency in grant reporting and acquittals.
Background note:	There are four key issues for Councils related to grant funding programs that continue to impact resourcing and capacity for Councils to deliver projects on time and budget. Financial Flexibility It is requested that improved financial flexibility be considered as part of grant applications. This includes an understanding from the funding bodies that from the time that a project is scoped and costed to when notification of a grant outcome is successful, the deed execution process to procurement of services there is often a cost escalation beyond the value of the grant and/or co-contribution. This issue could be alleviated by increasing thresholds for contingency in projects budgets as part of the grant submission noting that many grant programs have previously set limits on this. It may also be of value for the funding body to hold in reserve a portion of the grant funding program for when this occurs and Council need to seek additional funds to deliver the project. Increased Visibility Providing Councils with visibility on when programs are expected to be announced will help Councils to resource the preparation of their applications, resulting in improved submissions. Once funding programs are confirmed in the State and Federal budgets it would be beneficial to Local Government to have a schedule of grant program openings. Application Timeframe The timeframe from when the funding guidelines become available to when the application close are increasing becoming shorter. This relates to the above point and impacts the quality of submissions from Councils. Increasing visibility and allowing for adequate time for grant submissions to be prepared will improve grant submissions and ultimately project delivery. Reporting Consistency It is noted the improvements have been made in the consistency across both levels of government in the development of guidelines and deeds however there are still significant inconsistencies in reporting and acquittals of grants across programs. Some programs require an onerous level of detail on progress reporting that is resource intensive for both the Council and funding body.

Indicative category of the motion:	Infrastructure policy
Motion Title	Roads and bridges
Motion Wording	That LGNSW: 1. Acknowledge and thank the NSW Government for their recent investment in transport infrastructure in regional NSW through programs such as Fixing Country Roads, Fixing Local Roads and Fixing Country Bridges. 2. Call on the NSW Government to review criteria for future road and bridge related funding programs to provide more flexibility in eligibility and delivery to achieve the best outcomes for regional NSW including longer delivery timeframes to account for legislated approval processes; weightings not purely focused on economic benefit and eligibility of structures that are existing composite or concrete/steel structures.
Background note:	In recent years the NSW Government has invested significantly through a number of transport related programs which have provided great benefit to regional NSW including through Fixing Country Bridges (FCB), Fixing Local Roads (FLR) and Fixing Country Roads (FCR). Although these programs have been hugely beneficial, there have been limitations in place that have meant highly meritorious projects are ineligible on technicalities. For example, many of the programs have strict delivery timeframes which means projects that have legislated approval processes (with often time limited approval times meaning they need to be reapplied for) for issues such as cultural heritage, crown lands, biodiversity or fisheries are not going to be achieved within eligible timeframes. This means the more challenging projects which are often related to highest risk or benefit infrastructure don’t get done. Similarly, the FCB criteria of only timber bridges (and non-heritage listed even if only locally) being eligible has partially addressed the risk related to load capacity of bridges however it ignores many of the other high risk structure across the state. Likewise, the short delivery timeframe means larger more complex bridges cannot be delivered, even if timber replacements.

Indicative category of the motion:	Infrastructure policy
Motion Title	Forestry Corporation contribution to road maintenance
Motion Wording	That LGNSW: Call on the shareholder Ministers for Forestry Corporation, Treasurer and Minister for Agriculture, to review it operations and contribute financially to haulage routes direct funding or rates.
Background note:	Forestry Corporation is a State-owned corporation appointed to manage the State Forest estate in line with the objectives and functions of the Forestry Act 2012. The Forestry Corporation utilises a vast rural road network that form their haulage routes. There is no mechanism in place for Forestry Corporation to make contributions to Councils for the maintenance and renewal of rural roads that are impacted by regular movements of large haulage vehicles. Ratepayers are subsidising the cost of the increased maintenance and renewal.

Indicative category of the motion:	Social and community policy
Motion Title	Affordable Housing
Motion Wording	That LGNSW: 1. Call on the state government for ongoing investment in the development of affordable and social housing in regional NSW to address critical shortages in housing affordability and availability for people on low to moderate incomes and key workers. 2. Call on the state government to prioritise a review of the Local Government (Manufactured Home Estates, Caravan Parks, Camping Grounds and Moveable Dwellings) Regulation 2021 to define 'portable device for human habitation’ and the standards required to approve such devices that don’t meet the definition of ‘manufactured housing’ or ‘caravan’ 3. Advocate for new regulations/guidance regarding acceptable standards for crisis housing 4. Advocate to the state government to provide financial investment in housing developments through Land and Housing Corporation to enable a greater proportion of lots to be developed for social and affordable housing 5. Advocate to the state government to prioritise their response to the Byron Shire Short Term Rental Accommodation Planning Proposal Independent Planning Commission report and provide guidance to all councils in NSW 6. Advocate to the state government for investment in regional infrastructure such as water, sewer and roads to support affordable housing development in regional and rural areas
Background note:	Lack of affordably priced housing not only affects the quality of life of individual families, who may be sacrificing basic necessities to pay for their housing or facing increased stress due to living in severely overcrowded housing due to lack of supply, it also has a serious impact on employment growth and economic development. The inability of lower paid workers to find appropriate, affordable housing can limit the capacity of industry to grow, and adversely affect local economies, as is the case with regional areas like the Bega Valley Shire. Businesses and organisations are reporting difficulties hiring workers from outside of the shire as they cannot secure housing, including key industries of hospitality, tourism and health. The displacement of long-term residents due to lack of affordable housing also reduces social cohesion, engagement with community activities such as volunteering, and extended family support. Affordable housing is thus an important form of community infrastructure that supports community wellbeing and social and economic sustainability, including a diverse labour market and economy, and strong and inclusive communities. There is a chronic shortage of social housing in regional NSW. In the Bega Valley Shire there is also a significant and growing mismatch between housing supply and housing need, which is likely to intensify over time unless there are active measures to increase the supply of social housing near major town centres. Given growing need, it is also of concern that both the amount and the proportion of social housing has been declining since 2006 with a loss of around 50 social housing dwellings and a decline from 3.7% of dwellings in the past decade. Only 3% of dwellings are rented as social housing in the Bega Valley Shire compared with 5% for NSW (noting these are 2022 quoted figures). Additionally, there are a number of portable dwellings on the market that do not meet the definition of manufactured housing or caravan under the local government regulations. A review is urgently needed to determine whether a lower level of amenity is adequate for temporary crisis housing and if so, how this can be assessed under the regulations.

Indicative category of the motion:	Social and community policy
Motion Title	Funding for homelessness services
Motion Wording	That LGNSW: 1. Advocate to the state government for increased funding for homelessness services, including consideration of new models and standards for crisis housing 2. Call on the NSW Government to increase social housing stock and support community housing providers to increase their stock of social and community housing
Background note:	Governments and community services need to work together an ensure a coordinated approach to addressing homelessness, including prevention, early intervention and increasing affordable housing stock including social housing. Additionally, once a person is at risk of, or experiencing, homelessness they need wrap around services to help address the underlying cause not just a response that solely provides a roof over their head. The housing crisis is seeing an increase in rental stress and homelessness as there are significantly less properties available for rent. Of those that are available, there are few that are affordable for low or very low income earners. According to the definition, affordable housing is housing that is no more than 30% of a household income – as prices increase, this becomes unattainable for more and more people. Additionally, waiting lists for social housing are increasing with demand far outstripping availability. Community housing providers are ready to increase their stock and clientele, however require significant investment from governments to enable this. Housing and homelessness is the responsibility of the state and federal governments, yet it is increasingly left to local councils and community organisations to try and fill the gap, with little to no support from other levels of government. Local councils, particularly regional and remote councils, are cash strapped and often unable to deliver the infrastructure, planning or development required. Passing this responsibility onto local government without support or funding is simply another form of cost shifting. In some cases local councils have land that could be used for affordable housing, yet they lack the financial ability and staff resources to develop that land. Local governments need urgent federal and state government funding and leadership to develop alternative crisis and short-term accommodation options for the significant and growing number of people who are homeless.

Indicative category of the motion:	Social and community policy
Motion Title	Improved public housing
Motion Wording	That LGNSW: 1. Advocate to the NSW Government for investment in the redevelopment of existing social housing stock to ensure it is fit for purpose and meets current needs 2. Call on the NSW Government to increase the number of social housing stock through it’s own portfolio and through partnering with community housing providers
Background note:	The federal and state governments need to urgently and significantly increase the stock of social housing, particularly in regional areas where there is a longstanding market failure of private investment in affordable housing. Further investigation of ‘Build to rent’ and ‘build to buy’ models should be undertaken, particularly in regional areas where multi-story apartment blocks—the primary model which makes private investment in ‘build to rent’ models feasible—are not possible/feasible. Social housing needs to be adaptable and diverse—Australia has an ageing population and the demographics of those needing social housing has changed since most of the stock was developed. Rather than families needing a 3 or 4 bedroom house, we are seeing an increased need for 1 or 2 bedroom units for singles or couples, but predominantly single older women. Existing social housing stock needs to be redeveloped to meet current and future needs, while ensuring that current tenants are not displaced or removed from their support networks.

Indicative category of the motion:	Economic policy
Motion Title	Grant funding for planning and strategy development
Motion Wording	That LGNSW: Advocate to the NSW Government to continue to develop and deliver grant funding programs that support strategic planning and strategy development.
Background note:	Many Councils are experiencing unprecedented growth and development. This demand for growth provides an enormous opportunity for regional communities as well as numerous challenges. There are very few grant programs that offer funding for forward planning and strategic related work, with the funding typically available for the delivery of infrastructure. Grants to support Councils to undertake planning work will ensure Councils are better placed to respond to and deliver quality grant funded infrastructure projects. It is imperative if we are to get the infrastructure, we need in the right place for the right type of growth that funding is available for planning related work.

Indicative category of the motion:	Infrastructure policy
Motion Title	Power provision to government owned infrastructure
Motion Wording	That LGNSW: 1. Advocate to the NSW Government to develop appropriate planning controls and aligned funding mechanisms to ensure that new local, state, and federal government buildings and infrastructure that consume electricity include provision of solar power or an alternative renewable source in their design and construction where feasible. 2. Utilise the Renewable Energy Infrastructure mapping portal to drive investment in renewable energy for government assets
Background note:	Councils are driving local solutions to energy consumption and climate change and are seeking to ensure that local infrastructure provided by all levels of government seek to source their power from renewable sources. The NSW Government has analysed 165,000 government land assets for renewable energy opportunities using the Renewable Energy Infrastructure mapping portal to identify land assets for renewable energy opportunities including, wind, solar and pumped hydro. Councils would like to see that mapping work materialize into investment in renewable energy facilities on government assets.

Indicative category of the motion:	Economic policy/Environment policy
Motion Title	Council fleet transition to electric vehicles
Motion Wording	That LGNSW: Call on the NSW Government to broaden its program to incentivise uptake of electric vehicles by reducing the upfront costs of electric vehicles for large fleet managers such as local councils.
Background note:	Electric vehicles offer many benefits over conventional internal combustion engines. They are far cheaper to run and maintain, silent, do not emit tail-pipe pollution, and contribute to reducing greenhouse gas emissions. The transport sector currently contributes around 20-30% of global greenhouse gas emissions. Demand for electric vehicles is increasing globally, with many jurisdictions committed to prohibiting the sale of petrol and diesel vehicles in future. Australia has been extremely slow in supporting EVs - making them fewer and costly here. Car manufacturers world-wide are increasing the number, variety and capability of electric vehicles. Many major manufacturers (Volvo, Ford, General Motors, Hyundai) have publicly committed to phasing out internal combustion engines in the next 10-20 years. This is reflected in vehicle sales, with electric vehicles making up 74% of new vehicles sold for example Norway in 2020, compared to 0.78% in Australia. The NSW Government’s recent NSW Electric Vehicle Strategy puts NSW on a path towards electrification of the NSW vehicle fleet. This should be expanded to consider the fleet of local Councils.

Indicative category of the motion:	Council governance and accountability
Motion Title	Councillor misconduct review
Motion Wording	That LGNSW: Call on the NSW Government through the Office of Local Government to review and deliver the Councillor Conduct Framework- Implementation Roadmap 2023.
Background note:	The previous NSW Government instigated an independent review of the framework for dealing with councillor misconduct in NSW. The report compiled by Mr Gary Keller PSM was presented to Government in October 2022. A roadmap for the introduction of the new conduct framework was developed, however remains largely undelivered. Review of councillor misconduct framework - Office of Local Government NSW

Indicative category of the motion:	Council governance and accountability
Motion Title	Role of Councils and election information
Motion Wording	That LGNSW: 1. Work with the State and Federal Government, including the Office of Local Government and the NSW and Australian Electoral commissions, to undertake a broad education campaign on an ongoing basis to increase the community awareness and understanding of: a) The role and responsibilities of each level of government b) The election processes for each level of government including details on what a ballot paper looks like, how above and below the line voting works, and how preferential voting works c) The role of Councillors 2. Prioritise efforts to increase understanding on the above matters, particularly in the lead up to the 2023 Local Government elections.
Background note:	The role of local Councils and elected Councillors, particularly in the lead up to an election can be unclear to the community. Informed residents are essential for a functioning democracy. When people understand the functions and responsibilities of different levels of government, they are better equipped to make informed decisions about their representatives and policies. Informed residents are also better able to hold their representatives accountable and are more likely to be engaged in decision making leading to a stronger sense of community. It is hoped that a broad education campaign will help to clarify any confusion and ensure the a healthy and functioning democracy.

Indicative category of the motion:	Infrastructure policy
Motion Title	Freight connectivity to international airports
Motion Wording	That LGNSW: Advocate to the NSW Government and Australian Government to review in partnership with Councils the freight connectivity routes into Canberra, Newcastle and Western Sydney international airports to improve access to growing international export markets for regional communities.
Background note:	Improved freight routes connecting regional producers to international markets offer a range of significant benefits that can positively impact regional economies including access to international markets more quickly and cost-effectively. This can lead to increased exports, higher sales volumes, a diversified customer-base, increased foreign investment and revenue growth for local businesses. An increase in economic activity often translates into more local job opportunities which can lead to reduced unemployment rates and an improved standard of living our regions. Improving freight routes of the major airports in our State and national capital will positively impact transportation costs and transit times which will help regional producers to be competitive on a global scale.

Indicative category of the motion:	Social and community policy
Motion Title	Policy framework and funding for joint-use facilities
Motion Wording	That LGNSW: Advocate to the NSW Government to develop a policy framework and funding model to support joint-use arrangements between the State Government and Local Government to deliver community infrastructure e.g Department of Education and Council to develop shared sporting, library and cultural facilities
Background note:	A joint-use facility framework can promote efficiency, cost-effectiveness, and collaborative efforts among different stakeholders. School Infrastructure NSW has partnered with three Councils to deliver joint-use facilities to benefit both the school and broader community. Improving policy, planning and funding for these joint-use initiatives will benefit both levels of government and the community as the cost of construction and maintenance of assets continues to escalate. Shared use (nsw.gov.au)

Indicative category of the motion:	Social and community policy
Motion Title	Skills shortages - Childcare
Motion Wording	That LGNSW: 1. Call on the NSW and Federal Governments to provide incentives to address critical skills shortages in childcare
Background note:	The early education sector is experiencing critical shortages of suitably qualified staff, particularly in regional areas. Whilst there have been recent government efforts to make training more affordable, it is important there is a long term commitment to funding early childhood educators and early childhood teachers, and to supporting career pathways for people with an interest in the sector. A long-term multi-pronged approach needs to be applied to this industry-wide problem. The approach should aim to attract young people into the sector and also offer incentives for those returning to the workforce, or looking for a career change. Increasing the Award (Children’s Services Award 2010), along the lines of the recent increases in the aged care sector, would also assist in lifting the profile of the early childhood sector as a career, and assist providers to attract and retain employees. However, any increase in wages would need to be matched by appropriate subsidies to ensure services remain financially viable. Increases to funded traineeships would also assist in attracting employees to childcare services and these could be linked to school-based training programs if funded appropriately.

Indicative category of the motion:	Social and community policy
Motion Title	Changes to residential lease termination provisions
Motion Wording	That LGNSW: Calls on the NSW government to introduce measures to better protect the interests of tenants with respect to notification of termination of lease by landlords in the case of no fault on the tenant’s behalf.
Background note:	Under current standard residential tenancy arrangements, landlords are required to provide 90 days notice to tenants of their intention to terminate the lease arrangement. With the clear lack of available housing across much of regional NSW this is now having the effect of displacing families from community, with the properties to be utilised for short term/stay accommodation. Although it is not intended to prevent a property owner from occupying their own home should their needs change, there is a need to better protect tenants from displacement without adequate time to find suitable alternatives. Market changes indicate that the current protections for tenants are inadequate.

Indicative category of the motion:	Social and community policy
Motion Title	Doctor servicing of hospitals
Motion Wording	That LGNSW: Calls on the NSW government to review the model for doctor servicing of hospitals so that doctors are adequately and equitably incentivised to service hospitals and so that local health districts have greater capacity to manage their budgets.
Background note:	Many hospitals across NSW, particularly in regional areas are struggling to adequately and cost effectively manage the services of qualified doctors. There are a number of factors impacting why this is occurring with a major contributing factor being current typical funding models. As it stands, a doctor with a visiting medical officer contract servicing a hospital is entitled to a certain rate of pay which is far below what a locum or fly in fly out temporary doctor would receive. This heavily disincentives doctors to take on longer term contracts that are lower cost and easier to manage. There is an obvious need for hospitals to be serviced by doctors which is why locums become so heavily relied upon, however this only places financial strain on local health districts. There is a clear need for a better and more consistent management model to be in place across NSW to ensure that services at local hospitals are not compromised, so that doctors are adequately and equitably incentivised to service hospitals and so that local health districts have greater capacity to manage their budgets.

Indicative category of the motion:	Social and community policy
Motion Title	Funding model for arts and cultural facilities
Motion Wording	That LGNSW: Advocate to the NSW Government to investigate a model of funding for council-run art galleries, performing arts facilities and museums that is similar to the NSW Library Annual Funding and Subsidy Adjustment Calculation.
Background note:	Arts and culture are critical to a cohesive and functioning society. In regional areas, local governments often play a larger role, yet are competing with funding for metropolitan and/or privately run/funded facilities. A new model of funding for council-run art galleries, performing arts facilities and museums that is similar to the NSW Library Annual Funding and Subsidy Adjustment Calculation would provide a fairer system. This model provides funding per capita within each local government area, a 'Subsidy Adjustment' flat rate payment to all councils which ensures that councils with small populations receive a meaningful payment, and an additional amount that is allocated based on the SEIFA score of each council. This model would foster the continuous growth of expertise within local government organisations, empowering arts and cultural business units to envision and plan their futures with assurance. By legislating this funding, councils would not only be incentivised to offer arts and cultural facilities enriching the community but also to cultivate collaborative synergies across other NSW Government portfolios. Furthermore, this approach ensures an equitable representation and voice for both metro and regional arts organisations in the NSW cultural sector. Additionally, future funding models need to support strategic planning to activate cultural spaces, including further development of cultural precincts and linking cultural venues to create synergies and increase opportunities within regional centres.

Options

Council may resolve to either support the motions recommended in this report or variations on them or not to support motions.

Community and Stakeholder Engagement

There has not been any engagement on associated with this report.

Engagement planned

Financial and Resource Considerations

There are no financial and resource considerations associated with this report.Legal /Policy

There are no legal policy implications associated with this report.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

It is appropriate Bega Valley Shire Council is represented at the LGNSW Annual Conference. This Conference has been listed in the Operational Plan for attendance by Councillors and the Chief Executive Officer on an annual basis.

Environment and Climate Change

There are no Environment and Climate Change implications associated with this report other than where outlined in respective motions.

Economic

There are no Economic implications associated with this report other than where outlined within respective motions.

Risk

There are no Risks associated with this report other than the potential missed opportunity to influence change across the local government sector.

Social / Cultural

There are no social/cultural issues pertaining to this report other than as outlined within respective motions.

Attachments

1 ⇩. 2023 LGNSW Advocacy Priorities

2 ⇩. LGNSW 2023 Policy Platform

Council 20 September 2023

Item 10.5

10.5. Certificate of Investment August 2023

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

Director Business & Governance

Officer’s Recommendation

1. That Council receive and note the report on Council’s investment position at 31 August 2023.

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

Executive Summary

I, Judy Jordan, as the Responsible Accounting Officer of Bega Valley Shire Council, 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.

On 31 August 2023 the total capital value of cash and investments was $114,048,287,71 with 88% of Council’s investment portfolio directed to term deposits and the remainder held in cash deposit accounts. The following is investment information by fund:

Fund	August-2023 (‘000)^*
General Fund	40,437
Water Fund	24,910
Sewer Fund	48,701
TOTAL	114,048

*rounded

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

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 31 August 2023 is detailed below:

Issuer	Rating	Type	Purchase	Maturity	Rate (%)	Capital Value ($)
Commonwealth Bank (Operating cash account)	AA-	CASH	-	-	-	5,916,468.49
Commonwealth Bank (At call cash account)	AA-	CASH	-	-	-	8,000,000.00
NSW Treasury Corporation (Strategic cash fund)	AA-	CASH	-	-	-	*131,819.22
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
Bank of Queensland	BBB+	TD	31/03/2023	31/10/2023	4.62	3,000,000.00
NAB	AA-	TD	24/02/2023	24/11/2023	4.77	3,000,000.00
Suncorp	A+	TD	28/06/2023	28/11/2023	5.40	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
Suncorp	A+	TD	28/06/2023	29/01/2024	5.50	3,000,000.00
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
BankVic	BBB+	TD	26/04/2023	26/04/2024	4.75	2,000,000.00
Commonwealth Bank	AA-	TD	10/02/2022	16/05/2024	1.65	5,000,000.00
Australia Unity Bank	BBB+	TD	05/06/2023	05/06/2024	5.11	3,000,000.00
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
NAB	AA-	TD	28/06/2023	24/09/2024	5.47	2,000,000.00
Westpac	AA-	TD	30/09/2022	03/10/2024	4.78	2,000,000.00
Bendigo Adelaide Bank	BBB+	TD	31/07/2023	03/12/2024	5.30	2,000,000.00
Commonwealth Bank	AA-	TD	15/12/2022	16/12/2024	4.59	5,000,000.00
NAB	AA-	TD	30/08/2023	14/01/2025	5.10	2,000,000.00
Westpac	AA-	TD	08/02/2022	10/02/2025	2.00	5,000,000.00
Australian Military Bank	BBB+	TD	31/03/2023	16/04/2025	4.50	3,000,000.00
BankVic	BBB+	TD	28/06/2023	17/06/2025	5.65	2,000,000.00
Suncorp	A+	TD	31/07/2023	31/07/2025	5.18	3,000,000.00
Westpac	AA-	TD	29/06/2023	25/11/2025	5.10	2,000,000.00
Total Cash and Investments						$114,048,287.71

Interest earned for August 2023	$314,963
Financial year to date interest earned	$661,414
Budgeted interest for 2023/2024 financial year	$600,000
Percentage of the 2023/2024 budget earned by council	110%

Council’s investment portfolio is largely directed towards term deposits (88%). The remainder of the portfolio is held in cash deposit accounts with CBA and TCorp (12%).

The investments held by Council remain sufficiently liquid with 75% of investments maturing within the next 12 months.

For the month of August, the investments (excluding cash) provided a return of 3.88% p.a. marginally underperforming the RBA cash rate return. This ‘underperformance’ has been due to the aggressive rate hikes undertaken by the RBA. While the slight underperformance may continue in the short-term, we do anticipate this to be temporary given the relatively high level of turnover.

At the end of August 2023, the investment portfolio had a weighted average maturity of 246 days.

Council utilises 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 provide 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	June-2023	July-2023	August-2023
General Fund	39,123	40,224	40,437
Water Fund	25,737	25,755	24,910
Sewer Fund	46,553	47,777	48,701
TOTAL	111,413	113,756	114,048

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.

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, LG Regulations and 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 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.

At 31 August 2023, all cash and investments held are within the credit quality and maturity policy limits. In terms of counterparty compliance Commonwealth Bank has a slight overweight of approx. $700,000 This was due to the significant cash income received on the last day of the month from rates instalments. Throughout September we can expect these funds to be invested and CBA come back within policy limits.

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

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	20 September 2023
*Item 8.1 - Attachment 1*	Draft Glebe Lagoon Flying-fox Camp Management Plan

Council	20 September 2023
*Item 8.2 - Attachment 1*	Draft Flood and Sea Level Rise Policy

Council	20 September 2023
*Item 8.2 - Attachment 2*	Draft Flood and Sea Level Rise Development Control Plan 2013 provisions

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	20 September 2023
*Item 8.2 - Attachment 3*	Sections of BVDCP 2013 proposed for replacement

Council	20 September 2023
*Item 8.4 - Attachment 1*	Draft Bega Structure Plan

Council	20 September 2023
*Item 8.4 - Attachment 2*	Draft Wolumla Structure Plan

Council	20 September 2023
*Item 8.4 - Attachment 3*	Structure Plans Engagement Strategy

Council	20 September 2023
*Item 9.2 - Attachment 1*	S355 General Sportsground Quarterly Committee Meeting minutes 29 May 2023

Council	20 September 2023
*Item 10.1 - Attachment 1*	2023 LGNSW Advocacy Priorities

Council	20 September 2023
*Item 10.1 - Attachment 2*	LGNSW 2023 Policy Platform

Council	20 September 2023
*Item 10.2 - Attachment 1*	Native Title Manager FAQ

Council	20 September 2023
*Item 10.2 - Attachment 2*	Native Title Manager Qualification - Rickee Marshall

Council	20 September 2023
*Item 10.2 - Attachment 3*	Native Title Manager Qualification - Robert Quick

Council	20 September 2023
*Item 10.2 - Attachment 4*	Native Title Manager Qualification - Brooke Kemp

Council	20 September 2023
*Item 10.2 - Attachment 5*	Native Title Manager Qualification - Natasha Bruun

Council	20 September 2023
*Item 10.2 - Attachment 6*	Native Title Manager Qualification - Peter Fragopoulos

Council	20 September 2023
*Item 10.4 - Attachment 1*	DRAFT Policy 6.26 Public Interest Disclosures

Council	20 September 2023
*Item 10.4 - Attachment 2*	DRAFT Procedure 6.26.01 Managing Public Interest Disclosures

Wednesday, 31 January 2024	Ordinary
Wednesday, 21 February 2024	Ordinary
Wednesday, 20 March 2024	Ordinary
Wednesday, 17 April 2024	Ordinary
Wednesday, 22 May 2024	Ordinary
Wednesday, 12 June 2024	Ordinary
Wednesday, 26 June 2024 (IPR)	Ordinary
Wednesday, 24 July 2024	Ordinary
Wednesday, 28 August 2024	Ordinary