Agenda of Council - Wednesday, 17 April 2024

Ethical Decision Making and Conflicts of Interest

A guiding checklist for Councillors, officers and community committees

Ethical decision making

· Is the decision or conduct legal?

· Is it consistent with Government policy, Council’s objectives and Code of Conduct?

· What will the outcome be for you, your colleagues, the Council, anyone else?

· Does it raise a conflict of interest?

· Do you stand to gain personally at public expense?

· Can the decision be justified in terms of public interest?

· Would it withstand public scrutiny?

Conflict of interest

A conflict of interest is a clash between private interest and public duty. There are two types of conflict:

· Pecuniary – regulated by the Local Government Act 1993 and Office of Local Government

· Non-pecuniary – regulated by Codes of Conduct and policy. ICAC, Ombudsman, Office of Local Government (advice only). If declaring a Non-Pecuniary Conflict of Interest, Councillors can choose to either disclose and vote, disclose and not vote or leave the Chamber.

The test for conflict of interest

· Is it likely I could be influenced by personal interest in carrying out my public duty?

· Would a fair and reasonable person believe I could be so influenced?

· Conflict of interest is closely tied to the layperson’s definition of ‘corruption’ – using public office for private gain.

· Important to consider public perceptions of whether you have a conflict of interest.

Identifying problems

1st Do I have private interests affected by a matter I am officially involved in?

2nd Is my official role one of influence or perceived influence over the matter?

3rd Do my private interests conflict with my official role?

Local Government Act 1993 and Model Code of Conduct

For more detailed definitions refer to Sections 442, 448 and 459 or the Local Government Act 1993 and Bega Valley Shire Council (and Model) Code of Conduct, Part 4 – conflict of interest.

Agency advice

Whilst seeking advice is generally useful, the ultimate decision rests with the person concerned.Officers of the following agencies are available during office hours to discuss the obligations placed on Councillors, officers and community committee members by various pieces of legislation, regulation and codes.

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

Disclosure of pecuniary interests / non-pecuniary interests

Under the provisions of Section 451(1) of the Local Government Act 1993 (pecuniary interests) and Part 4 of the Model Code of Conduct prescribed by the Local Government (Discipline) Regulation (conflict of interests) it is necessary for you to disclose the nature of the interest when making a disclosure of a pecuniary interest or a non-pecuniary conflict of interest at a meeting.

The following form should be completed and handed to the Chief Executive Officer as soon as practible once the interest is identified. Declarations are made at Item 3 of the Agenda: Declarations - Pecuniary, Non-Pecuniary and Political Donation Disclosures, and prior to each Item being discussed:

Council meeting held on __________(day) / ___________(month) /____________(year)

Item no & subject
Pecuniary Interest	In my opinion, my interest is pecuniary and I am therefore required to take the action specified in section 451(2) of the Local Government Act 1993 and or any other action required by the Chief Executive Officer.
Significant Non-pecuniary conflict of interest	– In my opinion, my interest is non-pecuniary but significant. I am unable to remove the source of conflict. I am therefore required to treat the interest as if it were pecuniary and take the action specified in section 451(2) of the Local Government Act 1993.
Non-pecuniary conflict of interest	In my opinion, my interest is non-pecuniary and less than significant. I therefore make this declaration as I am required to do pursuant to clause 5.11 of Council’s Code of Conduct. However, I intend to continue to be involved with the matter.
Nature of interest	Be specific and include information such as : · The names of any person or organization with which you have a relationship · The nature of your relationship with the person or organization · The reason(s) why you consider the situation may (or may be perceived to) give rise to a conflict between your personal interests and your public duty as a Councillor.
If Pecuniary	Leave chamber
If Non-pecuniary (tick one)	Disclose & vote Disclose & not vote Leave chamber
Reason for action proposed	Clause 5.11 of Council’s Code of Conduct provides that if you determine that a non-pecuniary conflict of interest is less than significant and does not require further action, you must provide an explanation of why you consider that conflict does not require further action in the circumstances
Print Name	I disclose the above interest and acknowledge that I will take appropriate action as I have indicated above.
Signed

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

Council 17 April 2024

Item 8.1

8.1. Exhibition of the draft Arts and Culture Plan

This report seeks Council support for the public exhibition of the draft Arts and Culture Plan.

Director Community Environment and Planning

Officer’s Recommendation

1. That Council resolve to publicly exhibit the draft Arts and Culture Plan (Attachment 1) for a period of no 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

The draft Arts and Cultural Plan (the plan) identifies the essential role Council plays in delivering, collaborating and advocating for arts and cultural development across the shire. The plan provides direction for cultural activity and investment from Council across a range of program areas for the financial years 2024/25 to 2029/30. It considers the current role of Council and the potential for future action should funding be secured.

The plan sets out five key focus areas for Council: cultural facilities, participation and access, creative enterprise, communication and connection, and cultural objectives.

The plan has been developed by South East Arts in conjunction with Council staff, including limited sector consultation. This report seeks endorsement from Council to publicly exhibit the draft plan for a minimum of 28 days to ensure the broader community and arts and cultural sector can provide input into the draft plan.

Background

The plan is based on a broad definition of arts and culture which includes visual arts (e.g. painting, sculpture, photography), music (both recorded and performed), performing arts (e.g. dance, theatre), literature (books and other written works), craft and design, film, television and radio, fashion design, software development and interactive digital content, architecture and museums. Based on this definition, most people in the Bega Valley participate in the arts in some way, most often as audiences. This is evidenced by the numerous arts and cultural events held across the shire, and their high attendance numbers.

The draft Arts and Culture Plan identifies five key theme areas relevant to Council.

1. Cultural facilities

· Purpose built creative arts infrastructure provided across the shire

· Spaces and facilities activated and used for creative endeavours

2. Participation and access

· Audience development

· Accessible venues and programs

· Inclusive and diverse arts and culture

3. Creative enterprise

· Creative industries and skilled practitioners

· Integrated creative industries

· Skills development and opportunities for creatives

4. Communication and connection

· Engaged partnerships and networks

· Arts promotion

· Volunteer networks and community support

5. Cultural leadership

· Advocacy to industry, business and government

· Embedding arts and culture in council practice

In balancing Council’s aspirations against limited resources, commitments against each of these theme areas are presented as actions in three distinct categories:

· Current actions – these are actions that Council is currently delivering and proposes to continue over the life of the plan

· New actions – these represent a refinement of current services or programs, or a business improvement, which should be achievable with projected resourcing

· Funding dependent actions – these actions, while important, will only be achievable if additional funding is secured. These will form the basis of future advocacy and grant applications over the next five years.

Noting that arts and cultural outcomes are achieved over many Council areas, a range of Council programs are identified as drivers of these actions over the life of the plan.

The plan also identifies clear connections with the Australian Government’s National Cultural Policy, Revive and the NSW Government’s Policy for Arts, Culture and the Creative Industries, Creative Communities. This strong alignment will strengthen the potential for future investment in arts and culture in the Bega Valley.

In line with their current agreement with Council, South East Arts has played a lead role in developing this plan alongside Council staff.

Options

Options available to Council are to:

1. Place the draft Arts and Culture Plan on public exhibition for a period of no 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 plan. This is the recommended option.

2. Resolve not to exhibit the draft Arts and Culture Plan. This option is not recommended as input from the community and other stakeholders is integral to the success of the plan, strengthening opportunities to clarify Council’s role, set the foundation for future collaboration, and attract grant funding.

Community and Stakeholder Engagement

Engagement undertaken

The draft Arts and Culture Plan has been informed by consultation with key stakeholders including Council staff, volunteers and committees. South East Arts also provided input gained through their engagement with arts and cultural practitioners and stakeholder groups. Consultation with the museum sector was undertaken by Council’s museum advisor in 2023 and opportunities identified through this process have been considered in the actions in the plan.

Workshops were held with councillors on 7June and 8 November 2023.

Engagement planned

Over the exhibition period, 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. Key stakeholders include the broader community, local Aboriginal people, and arts and cultural stakeholders. Under their annual service agreement with Council, South East Arts will undertake targeted consultation with the arts and cultural sector.

Public feedback will be sought through a short survey on Council’s website, shared through Council’s newsletters and a media release, and through library, SECCA and South East Arts email distribution lists.

Financial and Resource Considerations

In identifying actions in the plan, consideration has been made of Council’s capacity and limited financial resources. Over the life of the plan, identified actions will be considered as part of Council’s annual budget process and are likely to be achievable with existing resource commitments. The plan clearly identifies actions which will require additional funding to implement. It is intended that their inclusion in this plan will assist Council to secure external grant funding.

The plan has been developed as part of the annual service agreement between Council and South East Arts, and within existing resourcing.

Legal /Policy

The draft Arts and Culture Plan articulates clear connections with the Australian Government’s National Cultural Policy, Revive and the NSW Government’s policy for arts, culture and the creative industries, Creative Communities.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

The draft Arts and Culture Plan closely aligns with the objectives outlined in Council’s Integrated Planning and Reporting framework. Theme areas are clearly linked to strategies identified in the Community Strategic Plan (CSP) Towards 2042. Links with other plans and strategies have also been considered. These include:

· BVSC Delivery Program 2020-2025

· Disability Inclusion Action Plan 2021-2025

· Library Services Strategic Plan 2020-2025

· Economic Development Roadmap 2023 -2025

· Stage Three A: Aboriginal Cultural Heritage Plan

· Cemetery Plan 2020-2030

· Memorandum of Understanding with the Bega, Eden and Merrimans Local Aboriginal Land (update under review)

· Regional Events Strategy (under development)

Environment and Climate Change

There are no material impacts on the environment or climate change arising from this report.

Economic

Arts and culture in the Bega Valley stimulates creativity and contributes to the region’s economy through the creative industries and cultural tourism. The plan identifies the important role of cultural production (music, performing and visual arts, libraries, museums, print and other publishing, film and sound recording, and media production and broadcasting) and creative services which deliver creative outputs to a mix of consumer and corporate clients, including internet and digital services, advertising services and design.

The plan identifies the growth in cultural tourism as a great opportunity for the shire, translating to increased audiences for local events, more visitors to local galleries and museums, and greater support for local arts practitioners. It recognises that cultural tourism can also bring broader economic benefits – for small businesses such as café owners, accommodation providers, petrol stations and retail stores – through increased visitor numbers and longer visitor stays.

Risk

By communicating the role of Council in the provision of arts and culture, the draft plan aims to better inform stakeholders and reduce unrealistic expectations. The draft plan will enable Council to focus action over the next 5 years which is well considered, adequately resourced and deliverable. The draft plan will help drive engagement with other stakeholders, including the state and federal government, to deliver on priority actions that support arts and cultural outcomes, reducing pressure on ratepayers.

Social / Cultural

This draft plan speaks to the important role of arts and culture in delivering social outcomes. Artistic expression and creativity are powerful ways in which we develop our cultural identities. Engagement in arts and culture has the power to change lives and improve wellbeing in our community.

Communities that embrace diversity, creative expression and cultural activity are richer, stronger, and more able to deal with social challenges. By supporting cultural activities and arts practice Council is helping to improve the quality of life for its residents. By bringing people together through the arts, providing opportunities to share experiences and skills and to interact, the community can strengthen its identity and capacity.

The draft plan identifies that art and culture are intrinsically intertwined for Aboriginal people and communities. Culture is often expressed and taught through what non-Aboriginal people consider to be artistic practices (e.g. painting, dance, music, craft and storytelling) and the development of cultural industries is of particular significance to Aboriginal people.

Attachments

1 ⇩. Arts and Culture Plan 2024/25 - 2029/30

Council 17 April 2024

Item 8.2

8.2. Draft Local Infrastructure Contribution Plan, Voluntary Planning Agreement policy and procedure

This report seeks endorsement from Council to publicly exhibit the draft Local Infrastructure Contribution Plan, draft Voluntary Planning Agreements Policy and draft procedure Steps in negotiation of a Voluntary Planning Agreement.

Director Community Environment and Planning

Officer’s Recommendation

1. That Council resolve to publicly exhibit the draft Bega Valley Local Infrastructure Contribution Plan, draft Voluntary Planning Agreements Policy and draft Steps in negotiation of a Voluntary Planning Agreement Procedure (Attachments 1, 2 and 3) for a minimum of 42 business days.

2. That a further report be presented to Council if there are any substantial changes to the Local Infrastructure Contribution Plan, draft Voluntary Planning Agreements Policy and draft Steps in negotiation of a Voluntary Planning Agreement Procedure arising from the public exhibition.

3. That if no substantial changes arise from the public exhibition, the Local Infrastructure Contribution Plan, draft Voluntary Planning Agreements Policy and draft Steps in negotiation of a Voluntary Planning Agreement Procedure be considered adopted and published to Council’s website.

Executive Summary

Local infrastructure contributions plans provide councils with a framework for the efficient determination, collection and management of contributions towards the provision of local infrastructure that is required due to new development. Voluntary planning agreements are used when a developer agrees to provide a material public benefit to Council towards the provision of a public purpose in association with a development application or planning proposal.

GLN Planning consultancy were engaged to review and update Council’s current contributions plan and planning agreements policy and procedure. The resulting draft Bega Valley Local Infrastructure Contribution Plan, Voluntary Planning Agreements Policy and associated draft Steps in negotiation of a Voluntary Planning Agreement Procedure are now ready for public exhibition.

Background

Council engaged the consultant GLN Planning to work with Council to produce a draft section 7.11 and 7.12 local infrastructure contributions plan, planning agreement policy and associated procedure. The draft documents update the current Section 94 and 94A Contributions Plan 2014, Policy 4.11 Planning Agreements, and Procedure 4.11.1 Steps in negotiation of a planning agreement.

This report seeks endorsement from Council to publicly exhibit the draft Local Infrastructure Contribution Plan, Voluntary Planning Agreements Policy and associated procedure Steps in negotiation of a Voluntary Planning Agreement (Attachments 1, 2 and 3). Together, the draft contributions plan, policy and procedure provide the framework for the efficient determination, collection and management of contributions towards the provision of local infrastructure that will be required by the future population.

Local Infrastructure Contribution Plans

Local infrastructure contributions, also known as developer contributions, are charged by councils when new development occurs. They help fund infrastructure like parks, community facilities, local roads, footpaths, stormwater drainage and traffic management infrastructure.

There are 2 forms of local infrastructure contributions:

Section 7.11 contributions are charged where there is a demonstrated link between the development and the infrastructure to be funded. Councils prepare contributions plans that specify what infrastructure will be provided and approximately how much it will cost. This is used to calculate a contribution rate, usually charged per dwelling or per square metre. Section 7.11 was previously known as section 94. Section 7.11 contributions can only be used to fund the portion of the cost of capital works as listed in the contributions plan that can be attributed to an increase in development.

Section 7.12 levies are an alternative to s7.11 contributions and charged as a percentage of the estimated cost of the development. The maximum percentage that can be charged in most areas is 1%. Section 7.12 was previously known as section 94A. There is no restriction on the portion of capital works as listed in the contributions plan that can be funded through receipted section 7.12 money.

The purpose of the draft contributions plan is to require either a contribution under section 7.11 of the Environmental Planning and Assessment Act 1979 (EP&A Act) or a fixed development levy under section 7.12 of the EP&A Act to be made towards the provision, extension or augmentation of local infrastructure required because of development in the Bega Valley Shire, or infrastructure that has been provided in anticipation of, or to facilitate, such development.

The plan’s other purposes are:

· to provide a framework for the efficient and equitable determination, collection and management of development contributions in the Bega Valley Shire

· to establish the relationship between the expected development and proposed local infrastructure to demonstrate that the s7.11 contributions required under this plan are reasonable

· to ensure that the broader Bega Valley Shire community is not unreasonably burdened by the provision of local infrastructure that is required because of new development.

The draft contributions plan updates the current Section 94 and 94A Contributions Plan 2014 by incorporating current development forecasts and infrastructure demand and costs. Once adopted, the draft contributions plan will supersede Council’s current Section 94 and 94A Contributions Plan 2014.

The new contributions plan will apply to a development application or complying development certificate application made on or after the date of adoption.

Any collected funds that are not expended when the new contributions plan is implemented will be allocated to similar items from the new schedule of works.

Section 7.11 contributions

The draft contributions plan applies a section 7.11 contribution for:

· residential accommodation that will result in a net increase in the number of dwellings on the site. Dwellings are charged according to how many bedrooms are to be constructed with different rates for 0-1 bedroom dwellings, 2 bedroom dwellings and 3 or more bedroom dwellings

· subdivision that creates a lot with a dwelling entitlement. Lots below 550sqm are proposed to be charged a lesser rate than those over 550sqm

· mixed use development that includes a component of residential accommodation (such as shop top housing).

Subdivision: Under Council’s current contributions plan there is no difference in section 7.11 contributions for subdivision of smaller and larger lots with the current rate being $11,494 per residential lot. Under the draft contributions plan residential lots 550m² and over will be charged $16,743 per lot and residential lots below 550m² will be charged $11,254 per lot. This variation in rates is in alignment with Council’s Residential Land Strategy 2040 which aims to encourage the development of smaller and more diverse houses.

Dwellings: Rates for residential development are currently based on the type of development; with residential flat buildings, multi dwelling housing and development under the Housing State Environmental Planning policy paying a reduced amount, and bedsitters or 1 bedroom dwellings paying the lowest rate. The draft contributions plan is based instead on the number of bedrooms (or rooms which could be used as bedrooms) in alignment with Council’s Residential Land Strategy 2040 which aims to encourage the development of smaller and more diverse houses.

Under the draft contributions plan, 3 bedroom dwellings will be charged $16,743 per dwelling, 2 bedroom dwellings $11,254 per dwelling, and 1 bedroom dwellings $9,538 per dwelling. This is an increase from the current rates which are $11,494 per 3 bedroom dwelling, $7,993 per 2 bedroom dwelling and $7,095 per 1 bedroom dwelling.

Mixed use development: Under the EP&A Act a development cannot incur both section 7.11 and section 7.12 contributions. Under the draft contributions policy, a section 7.11 contribution is applied to mixed use development that includes a component of residential accommodation (such as shop top housing). This differs to the current contribution plan which applies a section 7.12 levy to mixed use development.

Old residential lots: Under the draft contributions plan, a section 7.11 contribution is applied to a new residential dwelling on a lot where no section 7.11 contributions were previously paid. This differs to the current contributions plan which applies a section 7.12 levy.

Land dedication: The draft contributions plan retains the provisions of the current plan for land dedications required for road widening in three laneways in Bermagui.

Special contribution: The existing additional financial contribution to future residential development on Woodland Lane in Bald Hills for road and bridge upgrading has been discontinued in the draft contributions plan.

Section 7.12 levies

The draft contributions plan applies a section 7.12 levy to development where the cost is $100,000 or more for any purpose that will not result in a net increase in the number of dwellings on the development site (for example, alterations and additions to an existing dwelling).

The draft contributions plan applies a charge of 0.5% of development cost under $200,000 and 1% percentage of development cost above $200,000. This provision is the same as Council’s current contributions plan.

Exclusions

The draft contributions plan excludes certain development from the need to pay a contribution. This includes any direction made by the Minister for Planning, development that is undertaken by or on behalf of Council, a dwelling being built on a vacant lot where a previous section 7.11 was imposed, or a new dwelling that replaces an existing dwelling built before 1965.

Under the current contributions plan, Crown development, boarding houses, group homes, hostels, secondary dwellings and seniors are exempt from paying contributions. However, the draft contributions plan does apply contributions to these types of development to reflect the impact on local public infrastructure from the development.

Draft Policy Voluntary Planning Agreements

A planning agreement is a voluntary arrangement between a developer of land and one or more councils and/or other planning authorities, whereby the developer agrees to dedicate land free of cost, pay a monetary contribution, provide any other material public benefit, or any combination of these, to be used for or applied towards the provision of a public purpose. Planning agreements may be in addition to, or instead of, section 7.11 or 7.12 requirements and they can be in association with either a development application or a planning proposal.

Planning agreements are encouraged to enable provision of local infrastructure in connection with new developments because they can be flexible. However, because of this flexibility, Council has a duty to act with probity and transparency in planning agreement negotiations and in the interests of the wider community. The draft Planning Agreements Policy and associated procedure Steps in negotiation of a Voluntary Planning Agreement are designed to help achieve this objective by setting out the policies and procedures that will guide the negotiation of planning agreements which the Council will be a party to.

The draft policy provides the framework for Council to facilitate and manage the negotiation of voluntary planning agreements and identifies how and when Council will work with developers to deliver infrastructure outcomes through the development application or planning proposal process.

The draft policy includes updated monetary contributions for the provision of commercial car parking spaces where they are unable to be provided on site. Current car parking rates per space are based on a 2014 staff review of car parking projects that have been completed or planned and included those projects in the schedule of works based on completed or estimated construction costs per project. Table 1 contains the current rates per space with applicable CPI to 2023/2024 and the proposed rates per space in the draft policy.

Under the draft policy, the car parking rate per space for Bega has been updated to reflect the actual cost of the completed Auckland Street, Bega car park (which incorporates construction and land acquisition). By contrast, the current rate per space was based on reconfiguration of ground level parking at Zingel Place plus CPI.

The current car parking rate per space for Merimbula (which is based on reconfiguration of ground level parking and construction of decked parking structure at Alice Street or Palmer Street) has been updated in the draft policy to reflect Rawlinsons Construction Cost Guide 2023.

The car parking rates for Pambula, Tathra and Bermagui have been updated in the draft policy to reflect construction costs based on the Auckland Street, Bega car park and current land values from the Valuer General.

Table 1: Current and proposed car parking rates per space

Town	$ Current (FY 23/24)	$ Proposed
Merimbula	$17,313	$21,280
Bega	$10,823	$20,691
Eden	$11,275	$11,275
Cobargo	$8,225	$8,225
Bermagui	$6,705	$20,868
Tathra	$6,705	$20,868
Pambula	$6,705	$15,996

The draft policy updates the current policy to reflect current best practice guidelines including the provision of examples of types of public benefit. The draft policy once adopted will supersede the current policy 4.11 Planning Agreements (version 3).

The draft procedure Steps in negotiation of a Voluntary Planning Agreement has been updated to align with current best practice guidelines and provides an approval flow chart for the negotiation and approval of a Voluntary Planning Agreement. It also incorporates an updated voluntary planning agreement template for car parking. The draft procedure once adopted will supersede the current procedure 4.11.1 Steps in negotiation of a planning agreement (version 3).

Options

Options available to Council are to:

1. Place the draft contributions plan, Voluntary Planning Agreements Policy and associated Steps in negotiation of a Voluntary Planning Agreement Procedure (Attachments 1, 2 and 3) on public exhibition. This is the recommended option to ensure the documents are in line with current legislative requirements and current best practice guidelines.

2. Resolve to not exhibit the draft contributions plan, policy and/or procedure. This option is not recommended as the current documents do not reflect current legislative requirements and best practice guidelines.

Community and Stakeholder Engagement

Engagement undertaken

A broad range of officers from across Council were consulted during the development of the draft contributions plan, policy and procedure. This included all relevant asset managers who compiled the capital works program, as well as planning, property and finance officers directly affected or responsible for its implementation and compliance monitoring.

Councillor workshops were held on 8 February 2023 and 28 February 2024 to inform Councillors of the legislative framework for local infrastructure funding of developer contributions and details of the draft contributions plan, policy and procedure.

Engagement planned

Public exhibition of the draft contributions plan, policy and procedure is planned for a minimum of 42 business days in accordance with the provisions of Council’s policy 6.01 Governance and procedure 6.01.1 Policy and procedure creation or amendment. It is proposed to provide information about the draft documents 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 $100,000 project cost was funded by receipted developer contributions.

The schedule of works to be funded by the draft contributions plan was compiled from Council’s Building, Recreation and Transport Asset Management Plans, Delivery Plan and Long Term Financial Plan. The draft contributions plan, policy and procedure will ensure the contributions collected will part fund Council’s capital works priorities as identified in Council strategies and plans.

A total estimated cost of local infrastructure needed to support population growth over the 13 year life of the plan and the estimated funds to be received for these items from the draft contributions plan is listed below.

Item	$ Excl GST
Estimated total cost of local infrastructure in the draft contributions plan works schedule
Community facilities	$6,000,000
Open space and recreation	$76,000,000
Roads	$59,000,000
Streetscape (Roads)	$35,000,000
Contributions plan administration	$400,000
Total	$176,400,000

Estimated total funds to be received from the draft contributions plan
Community facilities	$1,000,000
Open space and recreation	$13,000,000
Roads	$6,000,000
Streetscape (Roads)	$8,000,000
Contributions plan administration	$426,000
Total	$28,400,000

Legal /Policy

The draft contributions plan, policy and procedure have been prepared in accordance with the requirements of the Environmental Planning and Assessment Act 1979, Environmental Planning and Assessment Regulation 2021, Roads Act 1993, and Local Government Act 1993.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

The draft contributions plan, policy and procedure are consistent with the following themes in the Bega Valley Community Strategic Plan 2042:

- Our infrastructure complements our natural surroundings and character while enhancing the lives of our community

- Our local civic leadership is strong, consultative and responsive to our community’s needs.

The draft contributions plan, policy and procedure are consistent with the vision of Council’s Local Strategic Planning Statement that land use in the Bega Valley Shire supports the activities, infrastructure and natural environment that enhance the quality of life and enable us to become more resilient to challenges.

Development of the draft contributions plan, policy and procedure is in response to actions in the 2021-22, 2022-23 and 2023-24 Operational Plans.

Environment and Climate Change

The draft contributions plan, policy and procedure will help ensure that our infrastructure complements our natural surroundings and character while enhancing the lives of our community. The draft documents will provide a framework to assist Council to facilitate and manage the negotiation of planning agreements for the provision of different types of public benefit sought by Council. This may include public benefit such as environmental management which could include planting vegetation for environmental restoration.

Economic

The draft contributions plan, policy and procedure will ensure that a reasonable contribution towards the provision of local infrastructure is received to ensure the delivery of infrastructure to meet the community needs and assist in the funding of Council’s capital works priorities.

Risk

The draft contributions plan, policy and procedure will minimise risks to Council by bringing the current documents in line with current requirements and current best practice guidelines. In addition, if Council does not provide new and upgraded local infrastructure to meet the needs of the people who live and work in the new development, the infrastructure service levels for the existing and future population will decline.

Social / Cultural

The draft contributions plan, policy and procedure will assist Council to fund infrastructure needed by the people that will live and work in the shire including open space, recreation facilities, community facilities such as libraries and halls, and traffic and transport works.

Attachments

1⇩. Draft Bega Valley Shire Local Infrastructure Contributions Plan

2 ⇩. Draft Voluntary Planning Agreement Policy 4.11

3 ⇩. Draft Steps in Negotiation of a Voluntary Planning Agreement Procedure 4.11.1

4 ⇩. Current Planning Agreement policy and procedure

Council 17 April 2024

Item 8.3

8.3. 2023.112 9 Andy Poole Drive Tathra - 2 lot subdivision Request for Use of Clause 4.6 Exceptions to Development Standards under Bega Valley Local Environmental Plan 2013

Director Community Environment and Planning

Applicant	Caddey Searl & Jarman
Owner	Rolmed Pty Ltd
Site	9 Andy Poole Drive TATHRA
Zone	R3 Medium Density Residential
Site area	1312m2
Proposed development	2 lot subdivision to separate a medical clinic from existing residences

Precis

The Applicant is proposing to subdivide one lot into two, to give the effect of separating an existing medical centre use from an existing residential use. The proposed development includes the creation of an access easement to provide legal access to Andy Pool Drive for Proposed Lot B (Residence) through Lot A (Medical Centre). The application is being reported to Council as both allotments will not comply with the minimum lot size of 1000m² prescribed in Clause 4.1 of the Bega Valley Local Environmental Plan 2013 (BVLEP 2013) and a Clause 4.6 Exceptions to Development Standards variation request has been applied to vary the Minimum Lot Size development standard

The application is recommended for approval.

Officer’s Recommendation

That Council:

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

2. Approve the variation to the minimum lot size development standard, specified under Clause 4.1 of the Bega Valley Local Environmental Plan 2013.

3. Approve Development Application 2023.112 subject to the conditions of consent provided in Attachment 1.

Executive Summary

Development Application (DA) 2023.112 is being reported to Council for determination as the application seeks to vary the minimum lot size required under Clause 4.1 of BVLEP 2013.

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

The development proposal has been assessed in accordance with Section 4.15 of the Environmental Planning and Assessment Act 1979 (see Attachment 2). The variation to the minimum lot size is considered to be moderate given the existing uses that have been lawfully approved within the site and the mixed allotment sizes that exist within the surrounding area.

The development aligns with Council’s adopted strategic direction that recognises Planning Priority 11 – Residential Land, as reinforced in Council’s adopted Local Strategic Planning Statement (LSPS). It states on p60:

· Increased housing density and diversity, including supported accommodation for seniors, is needed in all centres to permit communities to stay intact as people move through various life stages.

· The ageing population is creating pressure for suitable housing such as low maintenance smaller dwellings and housing that is close to services and facilities, with less stairs and level access.

· The lack of housing diversity, particularly smaller dwellings, impacts on the affordability of housing.

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

Background

The site is occupied by a medical centre with ancillary sealed carparking area (approved under DA 2015.198) and a dwelling and secondary dwelling (approved under DA 2020.211).

Description of the site

The site is irregular in shape and located within the northern extent of the R3 Medium Density Residential Zone of Andy Poole Drive, as highlighted in red in Figure 1 below. The land is described as Lot 301 DP829349, 9 Andy Poole Drive, Tathra and is occupied by a 2 storey dwelling which includes a secondary dwelling in the northern extent of the site (see Figure 2 below) and the South East Regional Heart Clinic in the southern extent of the site (see Figure 3 below). The site is bound by predominantly single residential dwellings to the west and south and tourist park uses to the north and east.

Figure 1 – Aerial photograph showing site excerpt from Google earth Pro.

Figure 2 – Image of Dwelling and secondary dwelling on proposed Lot B (409m2)

Figure 3 – Image of Medical centre on proposed Lot A (902m2)

Description of the Proposal

It is proposed to subdivide the subject land into 2 allotments, comprising:

· Lot A containing the medical clinic and having an area of approximately 902 square metres, and

· Lot B containing the residence and secondary dwelling and having an approximate area of 409 square metres.

A copy of the Plan of Subdivision is provided as Attachment 3 to this report.

Planning Assessment

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

Bega Valley Local Environmental Plan 2013

Zoning and Permissibility

The development has been assessed in accordance with the relevant provisions of BVLEP 2013. The land is zoned R3 Medium Density Residential (see Figure 4).

Figure 4 – Zoning Map excerpt from Council ESRI mapping systems.

The objectives of the zone are:

• To provide for the housing needs of the community within a medium density residential environment.

• To provide a variety of housing types within a medium density residential environment.

• To enable other land uses that provide facilities or services to meet the day to day needs of residents.

The assessment of the development application identified that the proposal would be consistent with zone objectives of the R3 zoning, despite both resultant lots not meeting the minimum lot size of 1000m². The 1,000m² minimum is applied with the intent of allowing adequate space for multi-unit developments. The site is already developed and the potential for more intensive multi-unit development has been restricted in part to the approved uses of the site and the irregular shape of the allotment.

The subdivision is characterised as 2 lot subdivision which is permissible with development consent.

Clause 4.6 Exceptions to development standards

The concurrence of the Secretary of the Department of Planning, Housing and Infrastructure can be assumed for the variation, in accordance with the provisions of the NSW Department of Planning Circular PS 18-003. Council, as the consent authority, may consider variations to development standards (with the use of Clause 4.6 of BVLEP 2013) provided the proposal:

· meets the objectives of the zone, and

· meets the objectives of the development standard, and

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

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

The applicant has provided justification to varying the minimum allotment sizes for the subject site on the following basis:

“It is proposed to make this application pursuant to Clause 4.6 of the Bega Valley LEP 2013 with regard to the minimum lot size of the proposed lots. The development standard requested to be varied is the Minimum Lot Size under Clause 4.1. The minimum lot size is 1000 square metres.

The area for proposed Lot A is 903 square metres being 90% of the required minimum. The area for proposed Lot B is 409 square metres being 41% of the required minimum.

The average area for both lots is 656 square metres.

1. Strict compliance with this standard is unreasonable and unnecessary given an analysis of the average lot size of at least 12 other lots immediately adjoining the site shows that those lots average only 578 square metres and the average area for Lots A & B exceeds that 578 square metre average.

2. From an environmental perspective, creating 2 separate lots in this particular case will not have any detrimental impact. Both lots are fully developed with a dwelling on Lot B and a medical centre on Lot A. All services, access and other infrastructure has been installed pursuant to council consents and there is no other works to occur.

There are no areas of significant biodiversity located on the lot and the land is not mapped as bushfire prone.

3. From a planning perspective, I note that if both buildings were classified as ‘dwellings’, then this subdivision would be permissible under clause 4.1(4A)(c) of the Bega Valley LEP 2013 since a subdivision may be approved with minimum lot sizes of 150 square metres if there are 2 existing dwellings on the land and each dwelling will be located on a separate lot resulting from the subdivision.

One of the buildings however is not classed as a dwelling and therefore technically this clause is not available to us. However, it does highlight that for intents and purposes, anyone viewing the site from adjoining land or the street would not discern the difference.

4. From an amenity perspective, given that one of the buildings is a medical centre and not a dwelling

a. there will be less noise from night time vehicular and pedestrian traffic,

b. less chance of noise emanating from the medical centre compared to a dwelling and

c. less chance of complaints being raised by residents from within the subject site over noise from adjoining neighbours since the medical centre will not be occupied at night.”

Objectives of the zone

The following objectives apply to the R3 Medium Residential Zone:

· To provide for the housing needs of the community within a medium density residential environment.

· To provide a variety of housing types within a medium density residential environment.

· To enable other land uses that provide facilities or services to meet the day to day needs of residents.

The proposed subdivision would not sterilize future urban housing / development uses on the site. This is due to the site already retaining two lawfully approved structures on-site that provides for the housing needs of the community and provides another for a health-related land use that meets the day to day needs of Tathra and the wider community. Therefore, the proposed subdivision would not be inconsistent with the above zone objectives.

Objectives of the Development Standard

The following objectives apply:

Clause 4.1 – Minimum subdivision lot size

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

(a) to provide controls for the subdivision of land in order to achieve the objectives of the relevant zone.

As detailed above, the proposed subdivision would not be inconsistent with the R3 medium density residential zone objectives and therefore meets the objective of Clause 4.1.

Whether compliance with the standard is unreasonable or unnecessary

The applicant has adequately demonstrated that compliance with the requirements of Clause 4.1 of LEP 2013 is both unreasonable and unnecessary for the following reasons:

Strict compliance with this standard is unreasonable and unnecessary given an analysis of the average lot size of at least 12 other lots immediately adjoining the site which shows that those lots average only 578 square metres and the average area for Lots A & B exceeds that 578 square metre average.

From an environmental perspective, creating 2 separate lots in this particular case will not have any detrimental impact. Both lots are fully developed with a dwelling and secondary dwelling on Proposed Lot B and a medical centre on Proposed Lot A. All services, access and other infrastructure have been installed pursuant to Council consents and there is no other works to occur.

Non-compliance with the minimum allotment size control for this development is considered reasonable given the variation does not alter the existing uses lawfully approved for the site being a health centre and a dwelling/secondary dwelling. Both would maintain the existing site attributes and not have any detrimental impacts on the amenity of the immediate residential area.

Whether there are sufficient environmental planning grounds

The site has few environmental constraints. Access is maintained to Andy Poole Drive. The proposal to subdivide into two allotments would not require the extensions of services with servicing already provided to each building within the site and therefore no additional ground disturbance would be required. A Building Code of Australia compliance report has been provided which demonstrates that the reduced side setback can comply with the Building Code of Australia.

Whether contravention of the development standard raises any matter of significance for the State or regional environmental planning?

The variation, whilst significant for one allotment at 41% of the development standard, is largely the result of the specialised nature and requirements of the building’s functions. The variation is largely the result of the existing built nature of the site that has previously been assessed and approved. The variation is not considered to be a matter of significance for either state or regional environmental planning.

Is there public benefit in maintaining the development standard?

There is no public benefit in maintaining the development standard in respect to this proposed development as it would not alter the existing approved uses on the site and the ancillary services that are provided to both proposed allotments.

Is the objection well founded?

The objection to the minimum allotment size is well founded. The proposal would result in defining the approved land uses currently located on the site and would still maintain the streetscape and amenity of the area and would not be inconsistent with the typical size of allotments already identified on adjoining allotments.

Development Control Plan 2013

The proposal has been assessed in accordance with Bega Valley Development Control Plan 2013. The application is considered to satisfy the urban density provisions for residential development.

Bega Valley Local Strategic Planning Statement

The proposed development is consistent with the following statements within the Local Strategic Planning Statement (LSPS):

Planning Priorities No 11 (Housing)

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

Future Directions

Encourage residential development in sewered villages to provide more affordable housing options, minimise land use conflict and the support continued viability of villages.

Options

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

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

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

Community and Stakeholder Engagement

The application was not required to be notified in accordance with the Bega Valley Community Participation Plan, as 2 lot subdivisions are exempt from notification requirements.

Financial and Resource Considerations

Assessing proposals for development is part of the regular business of Council and resourcing to undertake that function is included in Council’s adopted 2023-24 Budget.

Legal /Policy

Should Council resolve to refuse the application, the applicant has appeal rights to the Land and Environment Court under the provisions of the Environmental Planning and Assessment Act 1979, which would have cost implications to defend Council’s position.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Local Strategic Planning Statement 2040

This application, if approved, supports the on-going diversification of uses in the Tathra urban area.

Environment and Climate Change

The impacts of the development on the environment have been assessed and detailed in the Section 4.15 Assessment Report. This application, if approved, would not have any additional adverse impacts on the environment.

Economic

This application, if approved, would assist in supporting the underlying commercial functions of the Tathra urban village.

Risk

The assessment of development applications is a core function of Council. There are no material impacts on Council’s operations associated with the proposed development. The potential impacts have been addressed within the Section 4.15 Assessment and reinforced as part of the Conditions of Consent.

Social / Cultural

This application, if approved, will assist in providing a diversification of uses in the Tathra Urban Area.

Attachments

1 ⇩. Draft Conditions of Consent

2 ⇩. Section 4.15 Assessment Report

3 ⇩. Plan of Subdivision

4 ⇩. Applicant's Variation Request

Council 17 April 2024

Item 8.4

8.4. 2023.311 Lot: 142 DP: 849377 - 64 Strathmore Crescent KALARU Erection of a Shed

Director Community Environment and Planning

Applicant	Anthony McMahon
Owner	Anthony and Sarah McMahon
Site	Lot: 142 DP: 849377 - 64 Strathmore Crescent, Kalaru
Zone	C4 Environmental Management
Site area	5033m²
Proposed development	Erection of a Shed

Precis

The development application is being reported to Council in accordance with Bega Valley Shire Council (BVSC) Policy 3.01 - Development Administration and Procedure 3.01.4 Councillor/Staff – determination of Development Applications. The application has been lodged, and the site is owned, by Council’s Chief Executive Officer. As the application seeks a variation to the setback provisions specified under BVSC Development Control Plan 2013, the application must be determined by Council and not under staff delegation.

It is recommended that the application be approved subject to the conditions of consent included as Attachment 1 to this report.

Officer’s Recommendation

That Council approve Development Application 2023.311 for the erection of a shed at Lot 142 DP 849377, 64 Strathmore Crescent, Kalaru subject to the conditions of consent provided in Attachment 1 – Draft Conditions of Consent.

Executive Summary

Development Application (DA) 2023.311 is being reported to Council in accordance with (BVSC) Policy 3.01 - Development Administration and Procedure 3.01.4 Councillor/Staff – determination of Development Applications, as the application has been lodged by, and the site is owned by, Council’s Chief Executive Officer.

Procedure 3.01.4 states under Exemptions the following;

“Notwithstanding the above, the following development applications need not be reported to the Council for determination provided the development application complies in full with Council’s adopted plans and policies, and no objections have been received in relation to the development:

• Dwellings and secondary dwellings, including ancillary building structures

The determination of a development application subject to this exemption must be reviewed, prior to issue of any development consent, by the Manager of Planning and Sustainability, the Manager of Certification and Compliance, the Director of Community, Environment and Planning, or the General Manager.”

Although the application is for an ancillary building structure to a dwelling, a variation is proposed to the setback development controls contained within Bega Valley Development Control Plan 2013, as the development seeks to reduce the side setback from the 10 metre standard to 5 metres. Therefore staff do not have delegation to determine this application and the application is being reported to Council for determination.

The proposal has been fully assessed under the Matters for Consideration specified by Section 4.15 of the Environmental Planning and Assessment Act 1979.

A copy of the Section 4.15 Assessment Report is provided as Attachment 2 to this report.

Background

The site is known as Lot 142 DP 849377 and is located at 64 Strathmore Crescent, Kalaru. The site comprises a dwelling house and a detached secondary dwelling, as well as a small single shed and carport. The site is approximately 5000m² in area and is rectangular in shape with the surrounding area containing similar sized allotments, with moderate vegetation coverage. (See Figure 1 below Site Plan).

Figure 1 – Site Plan

Description of the proposal

The development application proposes the erection of a prefabricated, three bay shed in accordance with the site plans and specifications provided by the applicant, being located generally within the central area of the subject site (See Figure 2 below).

A copy of the proposed plans is included as Attachment 3 to this report.

Figure 2 – Site layout plan detailing shed location in relation to boundary and existing structures on-site and proximity to adjoining allotment.

The shed has external dimensions of 12 metres by 12 metres with a maximum height of 4.9 metres above existing ground level (see Figure 3 below). The development would also involve relocating existing internal overhead power supply underground. The shed would be on a concrete base. The application proposes a variation to the side boundary from 10 metres down to 5 metres.

The applicant has detailed that the proposed shed location has been selected to complement the adjoining structures on the eastern boundary, to utilise existing clear space on the land and to utilise the existing property access and driveway off Strathmore Crescent. The shed placement has been intentionally sited and designed to minimise environmental impacts.

Figure 3 – Elevation plans

Planning Assessment

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

Bega Valley Local Environmental Plan (BVLEP) 2013

The development has been assessed in accordance with the relevant provisions of the BVLEP 2013.

The application is consistent with all development standards applying to the site.

Zoning

The site is zoned C4 Environmental Living under the provisions of BVLEP 2013 and the proposal is permitted with development consent.

The objectives of the C4 zone are:

To provide for low-impact residential development in areas with special ecological, scientific or aesthetic values.

To ensure that residential development does not have an adverse effect on those values.

The proposal is consistent with the zone objectives.

Figure 4: Zoning Map

Bega Valley Development Control Plan (BVDCP) 2013

The development has been assessed in accordance with the relevant provisions of the BVDCP 2013.

The application is generally consistent with all design provisions applying to the site, however the application does seek to vary the specified side setback for the C4 zone as detailed in Section 4.3.1.2 Residential Development Setbacks. The application proposes a variation to the side boundary from 10 metres down to 5 metres.

The assessment of the application has identified that existing adjoining land uses have adopted similar setbacks for ancillary structures to side boundaries. In addition, the proposed shed location would not create any overshadowing or loss of amenity impacts to the nearest affected property.

The application was notified to adjoining properties and no submissions were received.

As the location of the shed would not be inconsistent with the existing built form in the Strathmore Crescent area, the reduced setback is considered reasonable and is supported by Council staff.

Options

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

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

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

Community and Stakeholder Engagement

The proposed development was notified to adjoining and adjacent landowners in accordance with Council’s adopted Community Participation Plan from 18 January 2024 to 2 February 2024. No submissions were received.

Financial and Resource Considerations

Assessing and determining development applications is part of the regular business of Council and resourcing to undertake that function is included in Council’s adopted 2023-24 Budget.

Legal /Policy

Refusal of the development application could be subject to an appeal in the Land and Environment Court, which would have cost implications to defend Council’s position.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

The proposed development is consistent with the Character and Housing planning priorities outlined in the Local Strategic Planning Statement 2040, being:

Character: The distinctive character of the landscapes, town and villages that make our shire unique are thriving and continue to provide a sense of place and wellbeing to residents and attract visitors.

Housing: Residential areas provide a range of housing styles, sizes and tenures that suit people of all ages, income levels and housing sizes and enable communities to stay connected and healthy as people move through the various stages in life.

Environment and Climate Change

The impacts of the development on the environment are assessed in the Section 4.15 assessment report provided as Attachment 2 to this report. The application has demonstrated appropriate steps to protect the environment. The proposal involves the erection of a shed with minor earthworks that would involve ground disturbance. Suitable mitigation measures are recommend by way of standard conditions of consent, as detailed in Attachment 1.

Economic

The impacts of the development on the economy are assessed in the Section 4.15 assessment report provided as Attachment 2 to this report. The proposed development would have no adverse social or economic impact for the locality of Kalaru.

Risk

The assessment of development applications is a core function of Council. There are no material impacts on Council’s operations associated with the proposed development.

Social / Cultural

The impacts of the development on the community are assessed in Attachment 2. The proposed erection of the shed would be utilised by the occupants of the site and is consistent with similar structures located on adjoining allotments. Due diligence protocols have been observed in terms of Aboriginal cultural heritage considerations.

Attachments

1 ⇩. Draft Conditions of Consent

2 ⇩. Section 4.15 Assessment Report

3 ⇩. Development Plans

Council 17 April 2024

Item 9.1

9.1. Reporting of minutes for the Central Waste Facility Consultative Committee

This report provides the adopted minutes for the Central Waste Facility (CWF) Consultative Committee meeting held 6 March 2024.

Director Assets and Operations

Officer’s Recommendation

That Council note this report and the CWF Consultative Committee meeting minutes which are appended to this report.

Executive Summary

This report provides the adopted minutes for the Central Waste Facility (CWF) Consultative Committee meeting held on 6 March 2024 for information.

Background

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

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

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

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

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

A brief explanation of the roles and functions of the CWF Consultative Committee is outlined below.

Central Waste Facility Community Consultation Committee

The Central Waste Facility (CWF), located on Wanatta Lane at Wolumla, is Council’s main landfill for the Bega Valley Shire for the disposal of general solid waste from municipal, construction and commercial sources.

The roles and responsibilities of the Committee are to exchange information regarding the operation of the CWF and engage in consultation regarding the operation of the CWF.

The Committee is chaired by the Waste Services Manager, with membership comprising the Mayor or delegated Councillor representative, along with three members of the community residing within a nominal direct-line distance of 5km from the CWF.

Options

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

Community and Stakeholder Engagement

Engagement undertaken

The Southern Joint Regional Planning Panel determined the development application for the CWF on 27 July 2011. As part of this determination, the Panel also resolved that “BVSC form a Consultative Committee that includes three representatives of residents of the immediate locality, for the purposes of providing a forum for information exchange and consultation regarding the operation of the Central Waste Facility”. Council endorsed the creation of the Committee on 6 November 2013.

Engagement planned

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

Financial and Resource Considerations

There are no financial or response considerations associated with the recommendation of this report.

Council officer time is required to provide support to the committees as per committee guidelines which is part of the annual activities of Council.

Legal /Policy

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

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

Community representation on Council’s advisory committees supports the following elements of the Bega Valley Community Strategic Plan 2042:

E. Our Civic leadership

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

E.2 Ensure the community has opportunities to actively engage and contribute in a timely manner to the things that affect their daily lives using relevant and varied communication channels

Environment and Climate Change

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

Economic

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

Risk

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

Social / Cultural

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

Attachments

1 ⇩. CWF Consultative Committee Minutes - March 2024

Council 17 April 2024

Item 9.2

9.2. Safe and Secure Water Program - Merimbula Sewer Treatment Plant upgrade and Ocean Outfall project

This report outlines the requirement to maintain the existing Environmental Impact Statement for the Safe and Secure Water Program (SSWP) after modelling indicated Council could consider the effects of an alternate, shorter length pipeline and thus shallower outfall than the current proposal.

Director Assets and Operations

Officer’s Recommendation

That Council confirm the earlier recommendation of North Short outfall at 30m diffuser depth and outfall pipe total length of 3,500m noting that recent modelling by AECOM (Australia) showed a 20m diffuser depth and shorter pipe length was environmentally sound but the risk of the Environmental Protection Authority (EPA) not approving the shorter shallower diffuser is too great to pursue further.

Executive Summary

The purpose of this report is to confirm an updated resolution of Council regarding the Environmental Impact Statement (EIS) for the Safe and Secure Water Program and maintain the earlier resolution of North Short outfall diffuser at 30m depth.

At the Council meeting of 30 October 2019, Council considered the Safe and Secure Water Program and selected the ‘North Short’ option with a 30m diffuser depth. This decision included input from the community working group which confirmed a preference for a shorter outfall.

Further modelling was undertaken to ascertain whether an even shorter and shallower outfall could be constructed, with minimal extra risk of potential contamination to Merimbula and Pambula estuaries. Preliminary discussions were undertaken with State Agencies to see if there would be support for a shallower diffuser depth. There was a lack of forthcoming support to commit to a shallower diffuser depth and it is considered too great a risk to pursue this option further.

Background

Originally an EIS was developed by consultant AECOM (Australia) for Merimbula deep ocean outfall with diffusers at a depth of 30m or greater. AECOM carried out further modelling of the dispersion of treated effluent discharge at depths of 14, 20 and 25m. With the aim to understand whether the length and depth of the effluent pipeline could be reduced without significant environmental impacts.

As expected, modelling of the treated effluent dispersion at various depths showed environmental impacts to the estuary at Merimbula increased as the diffuser depth became shallower. At 14m depth, treated effluent encroached into the estuary inlet with a southerly current for 5 days per year. At a depth of 20m the risk of this occurring reduced significantly, but still 1 day per year on average. Modelling indicating that a 20m deep ocean outfall is likely to breach the Department of Environment and Conservation (NSW) Maritime Water Quality Objectives for the South Coast, by less than 1 day per year.

If Council adopts the recommendation of the existing EIS, further grant funding will be required to complete construction.

Options

The options available to Council are as follows:

1. Proceed as resolved on 30 October 2019, with the current EIS as written with an ocean outfall depth of diffuser at 30m. This option presents no further cost in planning with the EIS written with a diffuser at 30m depth and 2,650m into the bay. This is the recommended option.

2. Resolve to engage consultant AECOM (Australia) to rewrite the EIS for a diffuser depth of 20m at additional cost. Not recommended option.

3. Resolve to carry out an Open Tender process to rewrite the EIS for a diffuser depth of 20m at additional cost. Not recommended option.

Community and Stakeholder Engagement

The current EIS is for a diffuser depth of 30m developed by AECOM (Australia) and included community consultation. Earlier advice by EPA is they will support a diffuser depth of 30m. If the EIS was rewritten utilising a 20m depth community consultation will need to re-occur.

Engagement undertaken

Previous engagement included public meetings with selected groups as well as general community engagement. The public exhibition of this EIS provided further opportunity for the community, government agencies and other interested parties to gain a better understanding of the project and allow those parties to provide comment. Council has considered all submissions provided during the exhibition period and updated the EIS accordingly.

Engagement planned

Additional community consultation is planned to provide regular updates on the project when key milestones are reached.

Financial and Resource Considerations

AECOM (Australia) have submitted a fee proposal (see confidential memo), with no contingency. This includes a new aquaculture survey at the 20m depth and additional public exhibition.

The present recommendation avoids any further cost paid to the consultant but would involve higher construction cost. It is proposed the construction of the outfall be put on hold until further grant funding opportunities are pursued.

There will be an increase in operational pumping costs compared to present effluent water passively flowing out the beach face outfall.

The outfall pumps, pipe and diffuser cost will add to the total Sewer Treatment Plant (STP) depreciation cost but with a design life for the outfall of a minimum of 80 years, depreciation will be manageable.

A reduction in treatment operation costs may occur as wet weather storage and treatment will be better managed with the outfall operational all day. Presently this is not available during the day without EPA approval.

Item	$ Excl GST
Expenditure Detail (including STP upgrade) Estimate
Rewrite EIS for a 20m depth outfall (not recommended)	see confidential memo
Merimbula STP upgrades	$9,430,000
Deep Ocean Outfall at 30m depth of diffuser and 2,675m pipe into bay (estimate only not market tested)	$31,117,000
Total Expenditure	$40,547,000

Source of Funds
Safe and Secure Water Program at 25% of project (Outfall and STP Upgrade) costs	$8,815,000
Sewer Fund Loan	$18,000,000
Total income available	$26,815,000

Total Project Capital Cost	$40,547,000
Total Available Construction Funding	$26,815,000
Project Funding Shortfall	*$13,732,000*

Financial Option Impacts | Life Cycle Costing

Ongoing Financial Impacts	$ Excl GST
Capital investment upgrade	$40,547,000
Depreciation costs per annum	$506,837.50

Legal /Policy

On 26 July 2016 the project was declared to be State Significant Infrastructure (SSI) under the Environmental Planning and Assessment Act 1979 (EP&A Act) and the State Environmental Planning Policy (State and Regional Development) 2011. Accordingly, the project requires the approval of the Minister for Planning and Public Spaces. The Secretary’s Environmental Assessment Requirements (SEARs) for the project were first issued by the former Department of Planning and Environment in 2014, The SEARs were subsequently revised and re-issued by the Department of Planning, Industry and Environment (DPIE) on 4 February 2019, and re-issued again on 14 May 2021. The SEARs set out the technical requirements for the assessment of each potential key issue during preparation of the EIS for the Project. The primary purpose of this EIS is to support an application for State Significant Infrastructure (SSI) approval under the EP&A Act. It has been prepared to help the community, public authorities and the decision-maker to understand the likely consequences of the project and make informed submissions on the project.

This EIS addresses the SEARs for the project, as well as other relevant NSW and Commonwealth legislative requirements.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

Community Strategic Plan Strategy: C.1 Deliver and support integrated water management.

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

Operational Plan Action: C1.1.6 Complete reference design for the Merimbula Ocean Outfall and Sewage Treatment Plant upgrade

Operational Plan Measure: Ocean Outfall reference design complete and presented to Council.

Water and Sewer Strategy 2022-2025: Merimbula STP & Ocean Outfall defined as key sewer project.

The Ocean Outfall is included in the Merimbula STP upgrade as developed in the SSWP185 State funded project in 2019 co-funded at 25% State 75% Council. The upgrade is included in Councils financial plan 2023/2024.

Environment and Climate Change

The Ocean Outfall will improve ecological outcomes as effluent is discharged to a nutrient deficient water body.

Slight increase in power consumption due to increased length of the outfall pipe.

Treated effluent disposal out to sea with mixing in the bay will reduce the impact on the foreshore and estuaries. Dilution meets Marine Water Quality Objectives for ocean waters with objective mixing ratio of 1 to 237.

This project is designed for a life of at least 80 years helping future generations.

Economic

The Ocean Outfall will enable treated effluent to be disposed of to the ocean at any time of the day. This will improve the operation of the treatment plant by not having to adjust cycle times to suit the existing restricted outfall operation. Once installed the ocean outfall allows discharge at any time with higher cost of operation of the outfall being offset by better STP operations.

Risk

The greatest benefit is no risk to contamination for tourists, wildlife or flora with treated effluent being pumped into the bay at a depth of 30m.

The risk of an overflow within the treatment plant is reduced due to the removal of restrictions on the operation of the ocean outfall.

Social / Cultural

Quality of life improves for all beach going activities as effluent is removed from the surface of the beach sand at the discharge location opposite the Merimbula STP. Reduced risk to the oyster industry operating within Merimbula and Pambula estuaries is also an outcome.

Attachments

1 . Sewer Treatment Plant options breakdown with associated costs (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 ⇩. Memo Merimbula far field discharge analysis 2023

3 . Merimbula ocean outfall- advised variation price (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 17 April 2024

Item 9.3

9.3. Bega Valley Local Traffic Committee March 2024

This report provides the recommendations of the Local Traffic Committee (LTC) meeting held on 5 March 2024.

Director Assets and Operations

Officer’s Recommendation

That Council adopt the recommendations of the Bega Valley LTC meeting held on 5 March 2024 as outlined below:

Eden Whale Festival – Eden – Saturday 19 – Sunday 20 October 2024

1. That, subject to conditions, Imlay Street, Eden be temporarily closed between the intersections of Bass Street and Chandos Street between 9.00am and 10.00am on Saturday, 19 October 2024 for the Eden Whale Festival Street Parade (Traffic Guidance Scheme (TGS) “A”).

2. That, subject to conditions, Imlay and Bass Street, Eden be temporarily closed between the intersections of Imlay Street and Calle Calle Street from 10.00am on Saturday, 19 October 2024 for the Eden Whale Festival Street Parade (TGS “B”).

3. That, subject to conditions, Imlay Street, Bass Street and Hosies Road continuing onto Aslings Beach Road, Eden to Mitchell Street, be temporarily closed from 10.35am on Saturday, 19 October 2024 for the Eden Whale Festival Street Parade (TGS “C).

4. That, subject to conditions, Bass Street, Aslings Beach Road and Barclay Street, to Soccer Field be temporarily closed from 10.45am on Saturday, 19 October 2024 for the Eden Whale Festival Street Parade (TGS “D”).

5. That, subject to conditions, Aslings Beach Road and Barclay Street, Eden be temporarily closed between the intersections of Lake Street and Wave Street from 10.45am on Saturday, 19 October 2024 for the Eden Whale Festival Street Parade (TGS “E”).

6. That, subject to conditions, Barclay Street, Eden be temporarily closed between the intersections of Aslings Beach Road and Wave Street from 9.00am until 3.00pm on Saturday, 19 October 2024 for the Eden Whale Festival (TGS “F”).

7. That, subject to conditions, Imlay Street, Eden be temporarily closed between Bass Street and Chandos Street between 8.00am and 2.00pm on Sunday, 20 October 2024 for the Eden Whale Festival Hot Rod Show and Shine car display. TGS to include 40kph speed reduction signs in advance and staggered water filled barriers each end of roadblock (TGS “G”).

8. That, the proposed events be deemed a Class 2 special event and it be conducted under an approved and current Traffic Guidance Scheme, in accordance with the Safework NSW guidelines and TfNSW)Traffic Control Guidelines.

9. That persons involved in the preparation and implementation of the Traffic Guidance Scheme must hold the appropriate Safework NSW Training Card.

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

11. That organisers have up to date and approved public liability insurance of at least $20 million indemnifying Bega Valley Shire Council, NSW Police and TfNSW by name as interested parties for the event.

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

13. That the event achieves all conditions of Council’s Use of Public Land approval.

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

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

Coast to Kosci Ultramarathon Event – Friday 22 – Sunday 24 November 2024

1. That the proposed arrangements involving public roads and footpaths contained in road reserves be deemed a Class 2 special event and it be conducted under an approved and current Traffic Control Plan, in accordance with the Transport for NSW (TfNSW) Traffic Guidance Scheme.

2. That the proposed arrangements involving road crossings be supervised in accordance with the current SafeWork NSW and TfNSW guidelines.

3. The event organisers liaise with local road authorities regarding the availability and safe use of the proposed routes.

4. Subject to approval of site specific TGS plans that the above event organise their own accredited Traffic Control Staff, in accordance with SafeWork NSW and TfNSW guidelines, to implement and manage the relevant TGS.

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

6. That organisers have up to date and approved public liability insurance of at least $20 million indemnifying Bega Valley Shire Council, NSW Police and TfNSW by name as interested parties for the event.

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

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

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

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

11. That the event achieves all conditions of Council’s issued Approval for Use of Public Land.

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

Bega Valley Rally – Saturday 8 – Sunday 9 June 2024

1. That, subject to conditions, Upper Cobargo Road be temporarily closed between 10.00am and 4.00pm on Saturday, 8 June 2024 for the duration of a competitive stage of the Bega Valley Rally.

2. That, subject to conditions, Coopers Gully Road be temporarily closed between 11.15am and 4.30pm on Saturday, 8 June 2024 for the duration of a competitive stage of the Bega Valley Rally.

3. That, subject to conditions, Buckajo Road be temporarily closed between 11.15am and 4.30pm on Saturday, 8 June 2024 for the duration of a competitive stage of the Bega Valley Rally.

4. That, subject to conditions, Walls Flat be temporarily closed between 12.30pm and 6.30pm on Saturday, 8 June 2024 for the duration of a competitive stage of the Bega Valley Rally.

5. That, subject to conditions, Niagara Lane / Comans Lane be temporarily closed between 1.30pm and 7.00pm on Saturday, 8 June 2024 for the duration of a competitive stage of the Bega Valley Rally.

6. That, subject to conditions, The Snake Track be temporarily closed between 8.30am and 2.00pm on Sunday, 9 June 2024 for the duration of a competitive stage of the Bega Valley Rally.

7. That persons involved in the preparation and implementation of the Traffic Guidance Scheme must hold the appropriate SafeWork NSW Training Card.

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

9. That, one month prior to the event date, all affected residents will be notified by letter drop advising them of the proposed changes to traffic movements. The letter must provide the residents with contact details of the event organisers.

10. That, organisers have up to date and approved public liability insurance of at least $20 million indemnifying Bega Valley Shire Council, NSW Police Force and Transport for NSW (TfNSW) by name as interested parties for the event.

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

12. That organisers obtain approval from the Commissioner of NSW Police or their delegate, under Section 115 of the Road Transport Act 2013, prior to conducting the event.

13. That signage be displayed advising of Road Closures.

Randolph Street - Merimbula

That Council approve the following:

1. Replace the untimed parking section (2 spaces southwest of pedestrian crossing) with 5 minutes parking (5P) and school time zone 8.00am-9.30am and 2.30pm-4.00pm (school days)

2. Current 5P signs to also read school time zone ie: 8.00am-9.30am and 2.30pm-4.00pm (school days)

3. The above is subject to FY25 budget considerations

Request for Bus Zone time changes – Tarlinton Street Cobargo

That Council approve to increase the bus zone times from (7:30am-9:00am and 3:30pm-4:30pm school days) to 6:00am to 6:00pm Monday-Friday.

Executive Summary

The Local Traffic Committee (LTC) is primarily a technical review committee and is not a Committee of Council. LTCs operate under delegation from TfNSW who are responsible for traffic management on all NSW roads. Their role is to advise Council on traffic management matters that relate to prescribed traffic control devices or traffic management facilities for which Council has delegated authority.

It is a requirement for Council to formally adopt the recommendations from this Committee prior to action being taken.

Background

The following submissions for Council action were received at the LTC meeting held 5 March 2024

Eden Whale Festival – Eden – Saturday 19 – Sunday 20 October 2024

A submission has been received for the Eden Whale Festival to be held Saturday 19 – Sunday 20 October 2024.

Eden Whale Festival event organisers advise that the Street Parade will be a rolling parade, starting at 9.00am from Imlay Street and ending at 11.00am at Barclay Street Sport Complex. The Street Parade will consist of walkers in the first wave, followed by approximately 100 vehicles such as fire trucks and hot rods. As this is a rolling street parade, all road closures will be reopened once the parade has passed through. The final assembly point is at the front of the Sports Field on Barclay Street, Eden.

A submission has also been received for a request for road closure on Sunday 20 October, 2024 of Imlay Street (between Bass Street and Chandos Street) from 8am to 2pm to accommodate the hot rods and classic cars – Show and Shine car display.

A copy of the submission is attached and marked ‘Eden Whale Festival 2024.’

Coast to Kosci Ultramarathon Event – Friday 22 – Sunday 24 November 2024

A submission has been received from Ultra Marketing Pty Ltd and The Summit Track to hold the Coast to Kosci Ultramarathon commencing Friday, 22 November 5.30am at Boydtown Beach and finish at 3.30pm on Sunday 24 November at Charlottes Pass.

This event is limited to 50 pre-qualified runners and is continuous running with no stops and an overall cut-off time of 46 hours. The event, Coast to Kosci, is held in the highest regard amongst the running community, both nationally and internationally.

The Australian Ultra Runners Association (AURA) has endorsed the 2024 Coast to Kosci subject to all formal approvals being received.

A copy of the submission is attached and marked ‘Coast to Kosciuszko Nov 2024.’

Bega Valley Rally – Saturday 8 – Sunday 9 June 2024

A submission has been received for the 2024 Bega Valley Rally, to be held on Saturday 8 June and Sunday 9 June 2024. The rally is mainly conducted on NSW Eden Forestry Corporation roads, with the use of seven Bega Valley Shire roads, being Upper Cobargo Road, Coopers Gully Road, Buckajo Road, Walls Flat Road, Niagara Lane, Comans Lane and The Snake Track.

A copy of the submission is attached and marked ‘Bega Valley Rally 2024.’

Randolph Street – Merimbula

Remove the untimed parking section (only 2 vehicle spaces) and add a time limited of 5-minute parking between the times of 8:00am-9:30am and 2:30pm-4:00pm (school days), this will bring the whole street in line and be less confusing for motorists.

Remove the existing 5P time limits signs (currently 4 signs) along Randolph Street which are 8:30am-9:30am and 2:30pm-3:30pm (school days) and bring them in line with the standardised school zone time of 8:00am-9:30am and 2:30pm-4:00pm.

A copy of the submission is attached and marked ‘Randolph Street map of proposed area.’

Request for Bus Zone time changes – Tarlinton Street Cobargo

BVSC Ranger has requested the following:

“Currently the bus zone times are 7:30am-9:00am and 3:30pm-4:30pm (school days only)

At the moment there are 3 bus companies that are utilising this bus stop

• Bega Valley Coaches

• Sapphire Coast Link

• Symons Coaches

There are 12 pick-ups/drop offs of passengers on a regular service route throughout each day and a service from Batemans Bay to Melbourne 4 times a week.

The first service at this bus zone is at 6:56am and the last service is at 5:20pm.

• Only 2 drop off/pick up happen within the nominated bus zone times (7:30am-9:00am and 3:30pm-4:30pm)

The bus service still runs services outside of the nominated time shown on the signage it still operates over the school holiday periods. Drivers have spoken to me and raised their concerns about this, I have witnessed vehicles parked and left unattended in the bus zone (outside of nominated times), this makes it hard for the drivers if they are trying to drop/pick up passengers. The bus either needs to park further down near the houses or stops at an angle that it may cause a safety issue for another motorist.

Due to the Wallaga Lake bridge closing for a couple of months this will also place more bus traffic within this bus zone for the transfer of passengers.”

A copy of the submission is attached and marked ‘Map of Bus Zone Cobargo.’

Options

1. Accept the recommendations provided by the Local Traffic Committee and resolve accordingly.

2. Reject the recommendations provided by the Local Traffic Committee and resolve accordingly.

3. Resolve on alternate or modified options raised by Councillors.

Community and Stakeholder Engagement

Engagement undertaken

There was no targeted community engagement undertaken in relation to this report other than with the relevant event applicants.Engagement planned

The presentation of this report to Council and the notification of outcomes to relevant stakeholders are the remaining engagement activities planned.

Financial and Resource Considerations

There are no additional financial and resource considerations associated with this report from the 3 proposed special events. Changing of sign facings at the 2 locations within Merimbula and Cobargo can be funded through current year allocations for signage maintenance.

Legal /Policy

The legal and policy issues have been addressed through the application of conditions to manage public safety and traffic hazards via the LTC delegation from TfNSW.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

The recommendations are in line with our road and reserve management policies. The inherent risks associated with the events are mitigated by adherence to the agreed Traffic Guidance Schemes and the stipulations made by the LTC.

Environment and Climate Change

There are minor environmental impacts as a result of event waste management and no climate change implications associated with this report.

Economic

There are a number of positive economic implications associated with this report through increased local consumption of goods and services from increased visitation associated with the 3 proposed special events.

Risk

There is a mitigation of traffic and public safety risk by implementing the actions recommended by the LTC.

Social / Cultural

The special events outlined in this report provide important social and economic benefits, by creating opportunities to come together with others and increasing overall well-being for both individuals and communities.

Attachments

1 ⇩. Bega Valley Rally 2024_Redacted

2 ⇩. Coast to Kosciuszko Nov 2024_Redacted

3 ⇩. Randolph Street Merimbula

4 ⇩. Eden Whale Festival 2024_Redacted

5 ⇩. Tarlinton Street Cobargo bus zone time changes

Council 17 April 2024

Item 10.1

10.1. Bega Valley Community Disaster Relief Fund (BVCDRF) 2023 Annual Report

The purpose of this report is to present to Council the Bega Valley Community Disaster Relief Fund annual report for the 2022/2023 Financial Year.

Director Business & Governance

Officer’s Recommendation

That Council receive and note the Bega Valley Community Disaster Relief Fund annual report for the 2022/2023 Financial Year.

Executive Summary

In January 2020 Council executed a Memorandum of Understanding (MOU) with Social Justice Advocates of the Sapphire Coast (SJA) to operate a perpetual fund for supporting the community following a natural disaster.

On 29 January 2024 the second annual report was prepared by the committee and covers the period 1 July 2022 to 30 June 2023. The financial audit attached to the annual report is for the period 1 April 2022 to 31 March 2023.

Background

At its meeting on 13 March 2019 Council resolved on a Notice of Motion:

That Council staff include in a report to Council:

· The steps required to establish a charitable fund to be known as the Bega Valley Shire Community Disaster Relief Fund, to operate in perpetuity with the purpose of providing financial assistance to residents and ratepayers whose homes and/or personal effects are destroyed or damaged by natural disasters within the Bega Valley Shire, such as bushfires or floods, regardless of whether applicants for assistance have insurance.

· How Deductible Gift Recipient (DGR) status for such a fund from the Australian Taxation Office (ATO) could be achieved.

· Establishment of a Committee to oversee the activities of the Fund, with the Committee to be chaired by the Mayor from time-to-time and with representatives to be drawn from both Council management and the community, but with the majority of representative to be from the community.

· Operating rules for the Committee to guide its operations.

· Promotion and advertising the creation of the Fund so as to encourage public awareness and support for its activities, and to encourage donations from business and government, as well as members of the public, to underwrite those activities on an ongoing basis.

On 28 August 2019, Council resolved to establish a Community Disaster Relief Fund (119/19).

1. That Council endorse the proposed establishment of a Community Disaster Relief Fund

2. That Council enter into a Memorandum of Understanding with the Social Justice Advocates of the Sapphire Coast to establish an ongoing Community Disaster Relief Fund.

3. That Council nominate the Mayor and an alternative representative to represent Council on the Management Committee of the Community Disaster Relief Fund.

In January 2020, the Memorandum of Understanding was signed and committee members confirmed. Given the amount of activity undertaken by the committee since the Black Summer bushfires, the first annual report for the period since commencement to June 2022 was prepared and presented to Council in September 2022.

In June 2022, the MOU was reviewed by the committee and amendments to Annexure A (membership) have been made to reflect changes in the executive of SJA that are representatives on the Disaster Relief Fund Committee.

Options

This report seeks Council to receive and note the Bega Valley Community Disaster Relief Fund 2022/2023 Annual Report.

Community and Stakeholder Engagement

Engagement undertaken

The committee comprises of representatives of Council and Social Justice Advocates. It also includes two independent community members. The committee has circulated several media releases, advertised funding rounds and supported community events. The annual report provides an overview of the committees’ achievements in each financial year.

Engagement planned

The annual report will be published on Council’s website and used as a marketing tool to promote the fund to continue seeking donations in the event of future natural disasters. An annual report will be presented to Council each financial year following completion of the independent audit.

Financial and Resource Considerations

The ongoing operations of the Community Disaster Relief Fund is provided with all administrative support from Council officers and Councillors’ attendance at committee meetings is covered within existing budget. Costs of bookkeeping and annual auditing is covered by Council.

Legal /Policy

The Bega Valley Community Disaster Relief Fund complies with all relevant Federal and State legislation.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

Community Strategic Plan - Our Civic Leadership

E.1 - Lead, govern and regulate in an ethical, equitable, transparent and accountable way

E1.1 - Conduct day to day management of Council and support Councillors to undertake their role

The administration support provided to the Disaster Relief Fund is undertaken within the operational plan activities of business and governance coordination.

Environment and Climate Change

There are no environmental or climate change impacts associated with the recommendations of this report.

Economic

There are no economic impacts associated with the recommendations of this report.

Risk

The annual report is a requirement under the Memorandum of Understanding. This is the second annual report since commencement of the fund.

Social / Cultural

The aim and function of the fund is to provide financial support to individuals in the Bega Valley local government area impacted by natural disasters. The committee has spent considerable time developing governance frameworks that support the mission of the fund.

There are two positions on the committee for independent community representatives to assist with the governance and oversight of fund management.

Attachments

1 ⇩. Bega Valley Community Disaster Relief Fund 2022 / 2023 Annual Report

Council 17 April 2024

Item 10.2

10.2. Pig and Whistle Fleet Club Incorporated extension of tenure - Tathra Wharf building

The current licence agreement for Pig and Whistle Fleet Club Incorporated’s occupation of the upper level of the Tathra Wharf building is due to expire 30 April 2024. Council approval is being sought to issue a new licence to Pig and Whistle Fleet Club Incorporated for their continued occupation.

Director Business & Governance

Officer’s Recommendation

1. That Council, as Crown Land Manager of the Tathra Wharf (R180056) approve a further five-year licence agreement to the Pig and Whistle Fleet Club Incorporated for their continued occupation of the museum on the upper level of the Tathra Wharf building for an annual rental of $620.27 adjusted annually by CPI.

2. That the Chief Executive Officer and Mayor be authorised to execute the necessary documentation to formalise the above course of action.

Executive Summary

The Pig and Whistle Fleet Club Incorporated currently occupies the museum in the upper level of Tathra Wharf building located on the Tathra Wharf (R180056) formalised by a five-year licence that is due to expire on 30 April 2024. This report seeks Council approval to enter into a further five-year licence with Pig and Whistle Fleet Club Incorporated for their continued occupation of the building.

Background

Council resolved at its Ordinary Meeting of 13 June 2018, when considering the Pig and Whistle Fleet Club Incorporated’s continued occupation of the museum on the upper level of the Tathra Wharf building, as follows:

1. That Council, as Reserve Trust Manager of the Tathra Wharf Reserve Trust (R180056), approve a further five year Licence Agreement to the Pig and Whistle Fleet Club Inc. for their continued occupation of the Museum on the upper level of the Tathra Wharf building located on Crown Reserve 180056 at Tathra for the annual rental fee of $529.10 per annum increased annually by CPI.

2. That authority be given for the General Manager and Mayor to execute the Licence Agreement.

3. That in accordance with the requirements of the Crown Lands Act 1989 (NSW), Council obtains the Minister’s formal consent to enter into the Licence Agreement.

Following the resolution, Council entered into a five-year licence agreement with the Pig and Whistle Fleet Club Incorporated which is due to expire on 30 April 2024.

Under the Crown Land Management Act 2016 (CLM Act), Council Crown Land Managers (CLMs) can generally administer Crown land under the public land provisions of the Local Government Act 1993 (LG Act) and this includes issuing licences.

For all Crown land that is classified as community land, Council is required to have an adopted plan of management (PoM) in place. Under the LG Act, licences can only be issued on land that is classified as community land where an expressed authorisation is provided in an adopted PoM. Prior to the adoption of a PoM for Crown land, Council CLMs can grant licences in certain circumstances, as set out in clause 70 of the Crown Land Management Regulation 2018 (CLM Regulation). Under the CLM Regulation, if a lease or licence was in effect prior to 1 July 2018, and the proposed tenure does not add permitted uses that were not in the existing licence, Minister’s consent is not required.

Options

The options available to Council are:

1. Approve a further five-year licence to the Pig and Whistle Fleet Club Incorporated for their continued occupation of the museum on the upper level of the Tathra Wharf building for the annual rental of $620.27 adjusted annually by CPI. This is the recommended option.

2. Council officers could carry out another public expression of interest (EOI) process for use of the building, however the museum has for many years been managed effectively by the Pig and Whistle Fleet Club Incorporated and it is considered that a museum is the best available use of the site due to the heritage listing of the building and the dedication of the reserve for public recreation and heritage purposes only. This option is not recommended.

Community and Stakeholder Engagement

Engagement undertaken

Council officers have discussed the proposed extension of tenure with representatives from the Pig and Whistle Fleet Club Incorporated and they have indicated they would like an extension of the current tenure for a further five-years.

Engagement planned

In accordance with the provisions of section 47 of the LG Act, if Council proposes to grant tenure, in respect of community land, it must:

• Give public notice of the proposal (including on the Council’s website).

• Exhibit notice of the proposal on the land to which the proposal relates.

• Give notice of the proposal to such persons as appear to it to own or occupy the land adjoining the community land.

• Give notice of the proposal to any other person, appearing to the Council to be the owner or occupier of land in the vicinity of the community land, if in the opinion of the Council the land the subject of the proposal is likely to form the primary focus of the person’s enjoyment of community land.

Financial and Resource Considerations

The last market rental valuation commissioned by Council was in May 2018 which indicated a rental figure in the order of $2,000 per annum. As Category 1 (community volunteer service group) the Pig and Whistle Fleet Club Incorporated are entitled to a rebate to statutory minimum rent under the Crown land financial concessions policy. The annual licence fee payable by Pig and Whistle Fleet Club Incorporated over the past five-years has increased each year by CPI, with a current licence fee of $620.27 now payable.

Council officers have obtained a quotation from Opteon Valuers who did the last market rental valuation in May 2018 of $880 for the preparation of a desktop assessment valuation. Council could pursue an updated market rental valuation to determine a rental figure prior to entering any new tenure arrangement for the building, however this is not considered worthwhile due to the implementation of the Crown land financial concessions policy for this tenure arrangement and costs involved in obtaining the valuation.

Council officer time will be required to renew the existing licence agreement as well as ongoing management of a licence agreement during its term.

Legal /Policy

To ensure the continued use and occupation of the reserve is appropriate for the proposed licence agreement to Pig and Whistle Fleet Club Incorporated, the following has been considered:

· Compliance with the legislation, related policies and guidelines.

· Compatibility with the reserve purpose of public recreation.

· Native Title rights and,

· Aboriginal land claims.

In line with Independent Commission Against Corruption (ICAC) Guidelines, to maintain transparency and avoid any suggestion of impropriety, Council officers have considered whether direct negotiation with the current occupant is appropriate in this instance. It is recommended that an EOI process is not conducted for the following reasons:

1. Pig and Whistle Fleet Club Incorporated are locally based, stand alone and not-for-profit. They have a voluntary management committee comprising local representatives and the term of the proposed licence agreement does not exceed five years in duration.

2. To comply with the reserve purposes, any occupation needs to be for public recreation or heritage purposes only. The Tathra Wharf Museum run by the Pig and Whistle Fleet Club Incorporated complies with the reserve purpose.

3. The Pig and Whistle Fleet Club Incorporated operating the Tathra Wharf Museum was formed to preserve the maritime history for the village of Tathra and provides an important service to the local community.

4. The costs involved to carry out market testing and public competition process would be greater than the rental achievable once a community not-for-profit rebate is applied.

5. Council Property officers are required to complete Pecuniary Interest returns annually and no conflict of interest has been disclosed.

6. The Reserve is under an Aboriginal Land Claim and Native Title Claim, therefore only existing, low impact uses will receive authorisation until claims have been assessed.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

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

Environment and Climate Change

There are no environmental and climate change matters associated with this report.

Economic

The economic impacts associated with this report have been addressed under the finance section of this report.

Risk

Regulatory and statutory compliance is defined as a strategic risk for Council. The issue of rising administrative complexity and cost of continuous change with increasing and competing statutory and regulatory compliance regimes remains an ongoing challenge for Council. Ensuring continued occupation of the upper level of the Tathra Wharf building is authorised by way of a formal tenure arrangement that contains the appropriate indemnity and insurance clauses necessary to reduce risks associated with regulatory and statutory compliance with the CLM Act and Regulation.

The proposed issue of a licence agreement to the Pig and Whistle Fleet Club Incorporated will affect Native Title, however, the act impacting R180056 will comply with the applicable provisions of the Native Title Act 1993 (Cth) being a valid future act under section 24JA.

The issue of a licence is not a public work and there is no requirement to notify. Should Native Title not prove to be extinguished byf a prior act, any Native Title holders may be entitled to compensation for the act, in the event of a determination that Native Title exists in the land, and Council may be liable to indemnify the State in the payment of any compensation.

Social / Cultural

The voluntary efforts of the Pig and Whistle Fleet Club Incorporated in preserving the maritime history for the village of Tathra over the years are certainly acknowledged and appreciated not only by Council, but the many locals and tourists who have had the opportunity to visit the museum.

Attachments

Nil

Council 17 April 2024

Item 10.3

10.3. Remediation and legal obligations relating to Council owned land at Cattle Bay, Eden

The purpose of this report is to detail the conditions, required remediation works and current legal obligations relating to Council owned land at Cattle Bay, Eden.

Director Business & Governance

Officer’s Recommendation

1. That Council approves the proposed variation of the Deed of Agreement dated 6 June 2019 as outlined in the Legal/Policy section of the report to Council dated 17 April 2024.

2. That Council authorises the Chief Executive Officer and Mayor to execute all necessary documentation to implement the above course of action.

Executive Summary

Lot 4 DP 1138056 at Cattle Bay, Eden was dedicated to Council as a foreshore reserve in August 2009 as part of a subdivision of the adjoining privately owned land. In error, formal access over the reserve to the adjoining landowners proposed marina development was not established prior to the land’s dedication. A section of Lot 4 DP 1138056 was reclassified from ‘Community’ to ‘Operational’ land on 21 July 2017 to enable registration of an easement for access and services to rectify this issue.

Furthermore, prior to dedication of the foreshore land to Council, certain demolition and rehabilitation works were to be undertaken by Eden Resort Hotel Pty Ltd (ERH) which did not take place. In September 2015 Council was issued an order resulting in demolition and remediation works on Lot 4 DP 1138056. Since this work took place temporary fencing has remained in place for public safety and risk mitigation reasons as the site still needs significant remediation works.

In 2019 a Deed of Agreement was executed between Council, ERH and Eden Cattle Bay Marina Pty Ltd (ECBM) outlining an agreement for remediation works to be complete by ERH on the condition that Council provide landowners consent to support the lodgement of the proposed marina and freehold land developments as well as grant an easement for access and services to provide a formal long term solution for access and services across the section of public reserve.

The Deed of Agreement is due to expire on 6 June 2024 and Council has been requested to vary the Deed of Agreement to provide additional time and rectify inconsistencies in the delivery of the required works that have been identified.

Background

Council resolved at its Ordinary Meeting of 22 July 2015, when considering foreshore land at Cattle Bay, Eden that was dedicated to Council as Public Reserve, as follows:

1. That Council authorise the Mayor and General Manager to execute a suitable Deed of Agreement with Eden Resort Hotel Pty Ltd, as owners of Lot 2 DP 1138056, which identifies their obligation to demolish existing structures and rehabilitate the foreshore land dedicated to Council by subdivision, being Lot 4 DP 1138056.

2. The Planning Proposal to reclassify part of Lot 4 DP 1138056 from ‘Community land’ to ‘Operational Land’ be forwarded to the NSW Department of Planning and Environment for Gateway Panel determination.

3. That Council approve in-principle the creation of an easement for access and utility services across Lot 4 DP 1138056 if reclassification of that portion of land to ‘operational’ receives approval from the Department of Planning.

4. That Council enter into a short term licence agreement with Eden Resort Hotel Pty Ltd, to authorise access to the reserve to install utility service conduits and pipes and undertake construction related activity from their adjacent land, until such time as the above easement can be registered over the land for this purpose.

4. That Council authorise the Mayor and General Manager to execute the necessary documentation to create the required easement.

Following the resolution, Council officers progressed the above course of action and a further report was presented to Council’s Ordinary Meeting of 3 February 2016, detailing the outcome of the public exhibition and public hearing process of the planning proposal to reclassify part Lot 4 DP 1138056 at Cattle Bay, Eden, from ‘Community’ to ‘Operational’ land, Council resolved as follows:

1. That Council resolves to adopt the amendments to Schedule 4 Part 2 of Bega Valley Local Environmental Plan 2013 as exhibited in the Planning Proposal to reclassify part Lot 4 DP 1138056 Cattle Bay, Eden, from ‘Community land’ to ‘Operational land’.

2. That Council requests the Minister for Planning and Environment to finalise the plan under section 59(2) of the Environment Planning and Assessment Act 1979.

3. That those persons who attended the Public Hearing be advised of the above.

The amendment of Bega Valley Local Environmental Plan 2013 to reclassify part Lot 4 DP 1138056 at Cattle Bay, Eden, from ‘Community land’ to ‘Operational land’ was finalised and published on 21 July 2017.

Concurrent to the planning proposal process to reclassify the strip of the foreshore land to enable the creation of an easement for access and utility services across Lot 4 DP 1138056 in favour of ERH, Council officers engaged legal representatives to prepare a Deed of Agreement and short-term licence in accordance with the resolution of 22 July 2015.

Following an extensive consultation process a formal Deed of Agreement between the parties was executed on 6 June 2019, whereby Council provided landowners consent for lodgement of the new development application (DA 2019.208) for the marina development on the condition ERH would complete within three months of execution of the Deed of Agreement the Part A works defined as follows:

Part A scope of works

1. Remove any trip hazards and level to grade all publicly used areas

2. Construction of concrete accessible ramp down to beach from lawn area

3. Construction of concrete steps from break wall to beach

4. Clear, level and provide turf and topsoil to lawn area

5. Install bollards to prevent vehicular access onto lawn area

6. Construct car parking area / bays as per Council regulations including a disabled parking bay

7. Install security fence to carpark and realign fencing as per plan

8. Reposition some large rocks to break wall

9. Install on a concrete base, 3 x tables and chairs as seen in Rotary Park, Eden

10. Install concrete pad for rubbish bins (bins by others)

11. Install any signage required by Council (signage by others)

12. Construct a low maintenance garden outside parking bays 13 – 21.

The Part A works were completed to the satisfaction of Council.

Under the term of the Deed of Agreement the Part B scope of works below are required to be complete within 5 years of execution of the Deed of Agreement, being 6 June 2024.

Part B scope of works

1. Remove all concrete slabs, grub footings 500mm (min below existing levels)

2. Should any tanks, pipes or pits be located below concrete slabs ERH will be required to fill, level and provide turf and topsoil to lawn area

3. Dispose of all materials associated with the remediation works from the site

4. Existing car parking area constructed in Part A works to be removed upon completion of the new carpark proposed by ERH and remediated as lawn area

5. Remove security fence once all Part B works have been completed to Council's satisfaction.

To date the Part B works have not commenced but consultation regarding the works has recently taken place and Council consideration has been requested as follows:

1. Amend Deed of Agreement as outlined in the attached letter

2. Complete Park B Works excluding new carpark and turf prior to 12 December 2024

3. Lodge construction certificate for stage 1 of the marina redevelopment and gain substantial commencement prior to 13 July 2025

4. Gain occupation certificate for stage 1 of the marina redevelopment once the new carpark on the freehold land is completed.

The marina development consent for DA 2019.208 details stage 1 as the wave attenuator, refurbishment of existing wharf, marina main arm, part marina berthing arms with 85 vessel berths, land-based office, amenities, 50 car parking spaces and landscaping.

The developer has proposed to complete all Part B works prior to 12 December 2024 except for the car park and has sought Council consideration to amend the Deed of Agreement accordingly.

Given the marina development consent (DA 2019.208) lapses on 13 July 2025 it has been anticipated that a construction certificate application will be lodged early 2025 to enable substantial commencement to preserve DA 2019.208. The occupation certificate will be conditional upon the carpark completion which is integrated in the resort development.

Figure 1: Diagram showing Lot 4 DP 1138056 in red outline.

Options

The options available to Council are:

1. Resolve to vary the Deed of Agreement dated 6 June 2019 as outlined in the Legal/Policy section of this report. Recommended.

2. Resolve as proposed by the developer in the letter dated 12 February 2024 attached to this report.

3. Other options resolved by councillors.

Community and Stakeholder Engagement

Engagement undertaken

Council officers have had significant consultation with representatives from ERH and ECBM as well as their contractors over recent weeks in negotiating the proposed variations to the Deed of Agreement.

Engagement planned

Council officers will be required to liaise with legal representatives and representatives from ERH and ECBM to vary the Deed of Agreement. A request for quotation process will need to be conducted to obtain an updated valuation for the easement and a surveyor will be engaged to provide an appropriate easement plan to accompany the Transfer Grant Easement document which will need to be lodged at NSW Land Registry Services once all works are completed.

Financial and Resource Considerations

Council incurred all costs in connection with reclassification of part Lot 4 DP 1138056 to convert from ‘Community’ to ‘Operational’ land to facilitate registration of the easement.

Additionally, an order to demolish the cannery building and disused fish kill tank located on Lot 4 DP 1138056 was issued to Council and ERH (as owners of the adjoining land) on 10 September 2015. To comply with the demolition order, Council agreed to project manage demolition of the cannery building on Lot 4 DP 1138056 and part of the adjoining land, with an RFT 93115 for the demolition of the buildings awarded for a value of $72,341.00. ERH reimbursed Council for the agreed contribution of 16.3% of the demolition costs, being the amount of $11,791.58, which related to the part of the cannery building which was located on the adjoining land.

Furthermore, legal costs totalling $10,345.25 for preparation of the Deed of Agreement and associated licence and easement documentation were reimbursed to Council in 2019.

A valuation was obtained from Opteon Valuers on 28 September 2016, outlining compensation for the easement at $12,500. Given the time that has passed since this valuation was obtained and the proposed amendments to include the parcel created over the water being Lot 1 DP 1242690 for the purpose of the Crown lease it is proposed that an updated valuation be obtained, and the costs associated with obtaining the new valuation be the responsibility of ERH and ECBM.

Currently ECBM pay an annual licence fee of $631.40 for access and services over part Lot 4 DP 1138056 until the easement can be established. At commencement the licence fee was the minimum annual rental, however it is proposed that moving forward the licence fee be set by a registered Valuer and charged accordingly.

A quote for the proposed remediation work has been provided by the developer and is attached for the information of councillors.

Council officers are proposing that Council hold a security bond of $109,540 plus GST for the remediation of the bitumen sealed car park area to be completed as part of the Part B works until the new carpark approved under development consent DA 2019.208 is constructed on Lot 2 DP 1138056 or new car park for the reserve constructed by ERH and ECBM to the satisfaction of Council. The developer’s contractor has estimated in the attached quotation that the remediation for the Part A car park works would be $109,540 plus GST. Although Council officers are suggesting ERH and ECBM complete remediation of the Part A car park area and convert to a bitumen sealed space as part of the Part B works prior to 12 December 2024, there will still be remediation works required to convert this space back to lawn area once the new car park is constructed and the developer has outlined in the attached letter that the remediated reserve may be damaged in construction of both the marina and freehold land development, therefore it is considered necessary for Council to retain a bond of $109,540 plus GST.

Legal /Policy

In accordance with the executed Deed of Agreement between Council, ERH and ECBM, Council provided landowners consent to enable lodgement of development application DA 2019.208 upon completion of the Part A works outlined in the background section of this report.

Under the terms of the Deed of Agreement, Council agreed to grant an easement for pedestrian access and utility service conduits (electricity, water, sewer, and telecommunications) 6 meters wide over the section of Lot 4 DP 1138056 that was reclassified upon completion of the Part B works and payment of compensation by ERH.

The temporary car park constructed as part of the Part A works is to be removed and remediated as lawn area as part of the Part B works outlined in the background section of this report which is outlined at clause 14 of the Deed of Agreement as follows:

The parties agree that the car park identified on the ‘Part B Works’ plan annexed hereto and marked ‘B’ is a temporary car park (‘the temporary car park’) and once ERH has remediated that site as part of the ‘Part B Works’ and completed construction of the car park for the Marina Development, that temporary car park area will revert to ‘public space’.

The Deed of Agreement does not contain a specific timeframe for when the ‘new car park’ needs to be completed and does not address what should happen if the adjacent freehold and marina developments are not complete by 6 June 2024 when the Part B works are required to be carried out.

If the temporary car park is converted to a public lawn in the coming months, there will be no public car parking to service the reserve until the new car park as part of the approved DA 2019.208 is constructed.

Given the proposal, Council officers recommend the following changes to the Deed of Agreement:

1. Amend the Part B Scope of works to state as follows:

a. That ERH and ECBM remove all concrete slabs, grub footings 500mm (min below existing levels) located on Lot 4 DP 1138056

b. That should any tanks, pipes or pits be located below concrete slabs ECBM fill, level and provide turf and topsoil to the lawn area

c. That ERH and ECBM dispose of all materials associated with the remediation works from the site

d. That ERH and ECBM remove and remediate the existing car parking area constructed as part of the Part A works to a bitumen sealed area until the new carpark approved under development consent DA 2019.208 is constructed or a new car park for reserve users constructed on Lot 4 DP 1138056 to Council’s satisfaction

e. That upon completion of the new carpark approved under development consent DA 2019.208 or constructed for reserve users on Lot 4 DP 1138056 to Council’s satisfaction ERH and ECBM remediate as lawn area the bitumen car parking area (if not carparking)

f. That ERH and ECBM removes security fencing from the site once all works have been completed to Council's satisfaction.

2. That Council registers a caveat over Lot 2 DP 1138056 to ensure a minimum of 20 car parking spaces, including a minimum of two compliant accessible car parking spaces for public reserve users be always provided and made available in perpetuity or alternatively ERH and ECBM construct a new car park on Lot 4 DP 1138056 with a minimum of 20 car parking spaces, including a minimum of two compliant accessible car parking spaces for public reserve to Council’s satisfaction.

3. That ERH and ECBM provides Council with a security bond of $109,540 plus GST for the remediation of the bitumen sealed car park area completed as part of the Part B works until the new carpark approved under development consent DA 2019.208 or constructed on Lot 4 DP 1138056 is complete and both the marina and freehold land development has been complete.

4. That Council provides an extension of time for the completion of the Part B works until 12 December 2024.

5. That should any damage to the Part A or B works occur during construction of the marina and freehold land the landowner of Lot 2 DP 1138056 and lessee of Lot 1 DP 1242690 remediate Lot 4 DP 1138056 to Council's satisfaction, returning the site to its remediated condition.

6. Additionally, since the Deed of Agreement was executed a parcel of land (Lot 1 DP 1242690) has been created over the water to enable registration of a 50-year direct Crown lease to ERH which commenced on 31 October 2023. The Crown lease requires ERH to gain a right of access within 3 years of lease commencement and an easement for services within 6.5 years of lease commencement. The Deed of Agreement be updated to include Lot 1 DP 1242690.

7. That the easement be updated to benefit the new marina lot, being Lot 1 DP 1242690 as well as Lot 2 DP 1138056 and an updated valuation be obtained from a registered Valuer to determine the value of the easement prior to its registration and an annual rental fee payable for the licence for access and services. Noting that the valuation must not be more than 12 months old at the time of easement creation.

8. That Council implement charging the annual licence fee for access and services on the rental basis outlined in the updated valuation until the easement is registered.

9. That all costs associated with the variation to the Deed of Agreement and updated valuations, including Council’s legal fees be the responsibility of the landowners of Lot 2 DP 1138056 and lessee of Lot 1 DP 1242690.

10. To protect Council’s interest in the event of a transfer of land from ECBM or ERH, the Deed of Agreement be updated to require ECBM and ERH to novate their obligations under the Deed of Agreement to any new landowner and lessee.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

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

Environment and Climate Change

Lot 4 DP1138056 comprises a strip of foreshore land with a 6-metre-wide easement to provide access to the existing wharf.

Lot 4 DP1138056 comprises of various concrete slabs, service conduits, pits, sumps, designated parking area, picnic tables and adjoins Cattle Bay beach. A sea wall separates the various concrete slabs and Cattle Bay beach. There is no significant vegetation or habitat on the allotment.

The water-based component of the site, inclusive of the existing wharf, is Crown land.

Cattle Bay comprises a protected sandy beach contained between rocky headlands. The beach and the existing wharf offer public recreational opportunities and contribute to the amenity of surrounding residential area.

Economic

The proposed development would contribute to the Eden’s economic base by expanding tourism and employment opportunities and support lifestyle choices by providing additional recreational benefits to the local community and shire generally.

Risk

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

· Effective civic leadership - reputational risk in relation to the length of time taken on this matter and the community's view on how Council is handling the matter.

· Financial Sustainability - financial risk in relation to the ongoing liabilities related to remediation of the land in Council ownership, the cost of undertaking the demolition works to date and future costs to undertake major works, should ERH not complete the works.

· Workforce and public safety – ongoing nature of the unsafe, unmaintained Council land asset.

Social / Cultural

This proposal will provide enhanced passive and active recreational opportunities through the creation of lawful public access to the Cattle Bay foreshore inclusive of the adjoining public reserve, beach area and existing wharf.

Attachments

1 ⇩. Council report dated 22 July 2015 - Reclassification of Council owned land at Cattle Bay, Eden

2 ⇩. Council report dated 3 February 2016 - Finalisation of planning proposal to reclassify part lot 4 DP 1138056 Cattle Bay, Eden

3. Letter from Addenbrooke Pty Limited regarding Cattle Bay Eden (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.

4 . Quotation for Cattle Bay Eden remediation works (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 17 April 2024

Item 10.4

10.4. Australian Local Government Association (ALGA) 2024 National General Assembly- call for motions

The Australian Local Government Association (ALGA) has called for motions from Councils to be considered at the National General Assembly (NGA) to be held in Canberra on 2-5 July 2024.

Director Business & Governance

Officer’s Recommendation

1. That the Mayor, Councillors (to be determined) and the Chief Executive Officer, or their delegate attend the ALGA 2024 NGA and Australian Council of Local Government (ACLG).

2. That Motions 1-7 presented in the background of this report be forwarded to ALGA for consideration to include them as motions in the Business Paper for the ALGA National General Assembly 2024.

3. That Councillors resolve on additional motions that meet the listed principles for forwarding to ALGA for consideration to include them in the Business Paper for the National General Assembly 2024.

Executive Summary

The 2024 National General Assembly (NGA) of Local Government provides a platform for local government to address national issues and advocate to the federal government on critical issues facing our sector.

Background

Australian Local Government Association (ALGA) is the peak national body representing local councils across Australia. The 2024 National General Assembly (NGA) of Local Government will be held in Canberra from 2-5 July 2024. This includes the Regional Cooperation and Development Forum on 2 July 2024, the National General Assembly on 3 and 4 July 2024, and the Australian Council of Local Government on 5 July 2024.

Information on the NGA and ACLG is available here https://conferenceco.eventsair.com/nga24/registration

The theme of the Assembly for this year is “Building Community Trust.” This theme aims to explore the critical importance of trust in governments, between governments, its institutions, and its citizens. This trust is a fundamental building block of our nation’s democracy.

Motions for this year’s NGA should consider:

• how all levels of government in Australia can build trust in each other and earn greater trust from the community;

• practical opportunities for the Australian Government to leverage the trust that local communities have in their local council;

• focus on practical programs that can strengthen the system of local government nationally to provide the services and infrastructure required to support and strengthen our communities; and

• new program ideas that that would help the local government sector to deliver the Australian Government’s objectives.

Councils are encouraged to read the Discussion Paper (Attachment 1) that contains essential information for councils considering submitting motions for debate at the Assembly. ALGA has called for Motions to be considered at the NGA to be forwarded by Tuesday 30 April 2024.

Council officers reviewed the ALGA resolutions tracker to determine if an existing motion covered the advocacy priorities of Council. The Motions 1-7 were deemed to be appropriate for submission as they expand upon the existing ALGA resolutions.

The ALGA resolutions tracker is outlined below.

https://docs.google.com/spreadsheets/d/1g2DXxoLTw6KEWAhLN6tte0KpIJtJrwaH/edit#gid=96479172&range=A27

To be eligible for inclusion in the NGA Business Papers, and then debated on the floor of the NGA, Motions must follow these listed principles:

1. Be relevant to the work of local government nationally.

2. Not be focused on a specific jurisdiction, location or region – unless the project or issue has national implications.

3. Be consistent with the themes of the NGA.

4. Complement or build on the policy objectives of ALGA and your state or territory local government association.

5. Be submitted by a council which is a financial member of their state or territory local government association.

6. Propose a clear action and outcome ie call on the Australian Government to act on something.

7. Not be advanced on behalf of external third parties that may seek to use the NGA to apply pressure to Board members, or to gain national political exposure for positions that are not directly relevant to the work of, or in the national interests of, local government.

8. Address issues that will directly improve the capacity of local government to deliver services and infrastructure for the benefit of all Australian communities.

9. Not seek to advance an outcome that would result in a benefit to one group of councils to the detriment of another.

10. Be supported by sufficient evidence to support the outcome being sought and demonstrate the relevance and significance of the matter to local government nationally.

Council officers Motions 1-7

Motion 1

Category	Closing the Gap and Aboriginal and Torres Strait Islander Recognition
Motion Subject	Prioritisation of Aboriginal Land and Native Title Claims
Motion Wording	This National General Assembly Call on the Australian Government to review the impact on Councils and communities of prolonged Aboriginal Land Claims lodged with the Registrar of the Aboriginal Land Rights Act 1983 (ALRA) and Native Title Claims in the Federal Court and seek to implement measures to improve prioritisation timeframes.
National Objective Why is this a national issue and why should this be debated at the NGA? (Max 200 words)	Lengthy and protracted legal processes relating to Aboriginal Land and Native Title Claims significantly impacts Councils across the country as they prevent partnering opportunities, development/enhancement and investment on Crown land.
Summary of Key Arguments Background information and supporting arguments (Max 500 words)	Crown reserves which are subject to active Aboriginal Land Claims, Native Title Claims particularly the blanket claims, essentially prevent Crown land from partnering opportunities, development/enhancement and investment. It is considered necessary for resources to be allocated to address this issue so that it is managed in a timely and effective manner to give certainty to all parties. The Auditor-General for NSW released the Performance Audit report ‘Facilitating and administering Aboriginal land claim processes’ stating there is currently over 38,000 unresolved Aboriginal Land Claims, therefore it seems necessary to review the ALRA with the State Strategic Plan for Crown Land in mind. Contributing to the recognition of Native Title rights is supported and encouraged, however it is noted that the timeframes for determinations in the Federal Court and the development and approval process of Indigenous Land Use Agreements (ILUA) as well as the significant costs associated with preparing them is a significant obstacle and often prevents ILUAs being further explored. Even if Crown land is returned to Local Aboriginal Land Councils through the land claim process, the land cannot be dealt with whilst Native Title rights and interests are undetermined unless there was a previous non-claimant application (S24FA Native Title Act 1993) approval. Ensuring the validity of a future act under the Native Title Act 1993 (Cth) (NT Act) has been forced onto Council’s as Crown Land Manager and the liability associated with compensation payable for the full or partial affectation on Native Title rights and interests adds significantly to the cost of any potential development. Furthermore, whilst the NT Act provides that the Minister may issue a Native Title certificate, Crown Lands stance to date has been they are not issuing certificates which further prevents partnering opportunities, development/enhancement and investment on Crown land.

Motion 2

Category	Financial sustainability
Motion Subject	Grant funding for strategic planning and strategy development
Motion Wording	This National General Assembly Call on the Australian Government to develop and deliver grant funding programs that support strategic planning and strategy development in addition to funding infrastructure.
National Objective Why is this a national issue and why should this be debated at the NGA? (Max 200 words)	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.
Summary of Key Arguments Background information and supporting arguments (Max 500 words)	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.

Motion 3

Category	Jobs and skills
Motion Subject	RDA Skills Audit to inform skilled occupation list
Motion Wording	This National General Assembly Call on the Australian Government (Department of Home Affairs) to utilise the Regional Development Australia (RDA) 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.
National Objective Why is this a national issue and why should this be debated at the NGA? (Max 200 words)	Many Councils across the country are facing skills shortages. Working with RDA to undertake Skills Audits and using these to inform the skilled occupation list will help to ensure a more efficient matching of migrants and skills and will help to retain migrant skills within the regions.
Summary of Key Arguments Background information and supporting arguments (Max 500 words)	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.

Motion 4

Category	Financial sustainability
Motion Subject	Flexibility in grant funding
Motion Wording	This National General Assembly Call on the Australian Government to provide greater flexibility in grant funding related to financial estimates, increased visibility of program announcements and application timeframes and improved consistency and trust in grant reporting and acquittals.
National Objective Why is this a national issue and why should this be debated at the NGA? (Max 200 words)	Councils spend considerable resources seeking, applying for and acquitting grant funding. The Federal Government also spends considerable time administering grant programs. With greater levels of trust established between Councils and funders it would provide improved efficiency in project delivery and reporting.
Summary of Key Arguments Background information and supporting arguments (Max 500 words)	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 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 that 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.

Motion 5

Category	Jobs and skills
Motion Subject	Critical skills incentives
Motion Wording	This National General Assembly Call on the Australian Government 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.
National Objective Why is this a national issue and why should this be debated at the NGA? (Max 200 words)	Councils across the country are 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.
Summary of Key Arguments Background information and supporting arguments (Max 500 words)	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.

Motion 6

Category	Other issues
Motion Subject	Role of Councils and election information
Motion Wording	This National General Assembly Call on the Australian Government to work with State Governments and the Australian Electoral commission, 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 Councils and Councillors
National Objective Why is this a national issue and why should this be debated at the NGA? (Max 200 words)	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.
Summary of Key Arguments Background information and supporting arguments (Max 500 words)	An erosion in trust of governments can stem from a lack of awareness and understanding of the role and responsibilities of each level of government and the role they play in serving communities. It is hoped that a broad education campaign will help to clarify any confusion and ensure a healthy and functioning democracy.

Motion 7

Category	Roads and infrastructure
Motion Subject	Freight connectivity to international airports
Motion Wording	This National General Assembly Call on the Australian Government to review in partnership with Councils the freight connectivity routes into various major and regional airports to improve access to growing international export markets for regional communities.
National Objective Why is this a national issue and why should this be debated at the NGA? (Max 200 words)	Improving freight routes into airports will positively impact transportation costs and transit times which will help regional producers to be competitive on a global scale.
Summary of Key Arguments Background information and supporting arguments (Max 500 words)	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.

Options

Council can elect to amend the Motions 1-7 as outlined or not provide motions for the ALGA conference.

Community and Stakeholder Engagement

Engagement undertaken

Internal engagement has been undertaken in development of the motions recommended by Council officers. Council continues to advocate on various matters impacting our community and contributions to advocacy forums like the National General Assembly provide an opportunity to ensure our voice is heard at a national level.

Engagement planned

Council will continue to engage with the community to develop our advocacy priorities. The community can contribute to and support our advocacy efforts with more information available on our website https://begavalley.nsw.gov.au/council/advocacy

Financial and Resource Considerations

Registration, accommodation and meal expenses will be required for each attendee. Over the past number of ALGA conferences Council attendees have not attended the conference networking dinners noted below and usually only one Councillor has attended the Regional Forum.

Item	$ Excl GST
Expenditure Detail- per attendee
ALGA Conference Registration	$945 Early bird (7 June) - $1045 Late registration
Regional Forum Registration	$475
Conference Networking Dinners	$175
Accommodation – Canberra 2-5 July	Approximately $900
Meal Allowance x 4 days	B $32.10 L $36.10 D $61.50
Transport cost (kms)	*Clause 18A(i) Vehicle Allowances* Int. combustion – 2.5 litres and over Int. combustion – Under 2.5 litres Hybrid vehicle Electric vehicle	*(cents / km)* 0.95 p.km. 0.81 p.km. 0.62 p.km. 0.43 p.km.
Total Expenditure	(TBC)

Source of Funds
10310.2910.2112 Elected Officials Expenses

Legal /Policy

The National Assembly is the key national agenda setting forum for local government with hundreds of delegates from across the country connecting to share their united voice to improve outcomes in the sector. The Australian Council of Local Government returned in 2023 after a 10 year hiatus. The ACLG provides a unique opportunity for mayors, shire presidents and local government stakeholders to meet directly and engage with Commonwealth Ministers as well as the Prime Minister.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

The National Assembly links to Council being committed to advocating to the Federal Government on critical priorities for our community and the local government sector more broadly.

Environment and Climate Change

There will be motions linked to Council’s adopted position presented for consideration.

Economic

There will be motions linked to Council’s adopted position presented for consideration.

Risk

There are no significant risks identified in attending the National Assembly.

Social / Cultural

There will be motions linked to Council’s adopted position presented for consideration.

Attachments

1 ⇩. 2024-NGA-Motions-Discussion-Paper.pdf

Council 17 April 2024

Item 10.5

10.5. Proposed new road name - Griffin Lane, Greendale

Council has received an application to formally name a proposed right of access road associated with Development Application 2008.0024 and approval is sought to complete the public notification process before formally gazetting the road name.

Director Business & Governance

Officer’s Recommendation

1. That Council receive and note the report.

2. That Council approves the proposal to name the right of access road associated with Development Application 2008.0024 in Greendale as Griffin Lane.

3. That Council advertises the proposed road name, Griffin Lane, Greendale on its website, inviting submissions to the proposal.

4. That if no objections are received within the submission period, Council officers proceed with the road naming proposal without subsequent referral to Council.

5. Or if the proposed name Griffin Lane, Greendale is not accepted for use, Council approves the road name ‘Oak Top Lane’ for submission to the Geographical Names Board of New South Wales for pre-approval prior to commencing advertisement of the road name on Council’s website. If no objections are received within the submission period, Council officers proceed with the road naming proposal without subsequent referral to Council.

6. That Council receive and note updated Procedure 4.10.6 Road Naming.

Executive Summary

Council has received an application to formally name an unnamed right of access associated with Development Application 2008.0024. In accordance with Council’s Road Naming Procedure 4.10.6, all new road naming proposals which have not been selected from Council’s pre-approved list must be reported to Council seeking approval to advertise the proposed use of the name.

Furthermore, Council’s Procedure 4.10.6 Road Naming has been updated as requested by Council on 23 August 2023.

Background

The road will serve as a right of access to the subdivided land parcels located off Greendale Road, Greendale. The road proposed for naming is to remain in the ownership of the landowner.

The name proposed for the road is Griffin Lane, Greendale. The applicant is of the view this name complies with Council’s Road Naming Procedure 4.10.6 under Road Naming Criteria (a) (ii) and (b) which states:

a. Council resolved that road names based on the following themes should be nominated:

i. Local Aboriginal heritage;

ii. Early explorers, pioneers, settlers and historical figures;

iii. Natural environment, marine, flora or fauna.

b. Roads in NSW can only be named after people who have been deceased for a period of at least two years. Consent of the family members of the person who is being commemorated must also be obtained.

Suggested Name	Background
Griffin	Historical family of the local community

The name commemorates a member of the Griffin family who passed in 2015. The applicant is a member of the Griffin family and has consented to the use of the road name. The applicant has provided additional information in the confidential attachment to this report in support of the use of the proposed name.

The NSW Geographical Names Board (GNB) has reviewed the name under their guidelines for the naming of roads and there is no objection to its use.

Additionally, a notice of motion was presented to Council’s Ordinary Meeting of 23 August 2023 by Cr David Porter as follows:

That Council review “Lands Under Council Jurisdiction Policy 4.10 - Procedure 4.10.6 Road Naming” to ensure balanced and appropriate naming of roads in the interest of the Community and to ensure Councillors are consulted in the process prior to expenses being incurred on a specific name.

Following the resolution, Council officers made the necessary changes to Procedure 4.10.6 Road Naming and a copy of the amended procedure with a new clause added; item ‘4.4 Council initiated applications’ is attached to this report for the information of councillors.

Options

The proposed road name complies with GNB Guidelines and Council’s Road Naming Procedure 4.10.6 as such there is no impediment to using the name, however Council does have the option not to accept the applicant’s suggested road name if they wish.

If Council chooses not to accept the proposed name Griffin Lane, Greendale an alternative road name has been supplied by the applicant being ‘Oak Top Lane’. This name will require in-principal approval from GNB as it was not selected from Council’s pre-approved list. If the decision is made to proceed with the alternate name, ‘Oak Top Lane’ a further report will not be required to be presented to Council.

Community and Stakeholder Engagement

Engagement undertaken

Council officers have consulted with the applicant, the applicant’s surveyor, and the GNB regarding the proposed road name of Griffin Lane, Greendale.

Engagement planned

If approved, the proposed road name of Griffin Lane will be advertised on Council’s website, allowing a period of 14 days for submissions to be received. If any objections are received, a further report will be presented to Council.

Financial and Resource Considerations

Under Council’s Fees and Charges, the road naming application fee of $1,500 has been paid by the applicant which covers all costs associated with the road naming process. Council officer time will be required to complete the public notification process before formally gazetting the road name.

Legal /Policy

In accordance with Council’s Road Naming Procedure 4.10.6 the naming of the shire’s roads is pursuant to the provisions of Section 162 of the Roads Act 1993 (NSW) (Roads Act) and the NSW Address Policy and User Manual.

In accordance with Division 1 clause 7 of the Roads Regulation 2018, Council is now able to publish notice of a road naming proposal on the Council’s website rather than in a local newspaper.

The road naming proposal aligns with Council’s Road Naming Procedure 4.10.6 and meets statutory obligations under the Roads Act.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

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

Core Business: Process Road naming applications in accordance with current legislation and guidelines.

Environment and Climate Change

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

Economic

There are no economic matters associated with the report that have not already been addressed in the finance section of this report.

Risk

Ensuring correct procedural process for the naming of the shire’s roads that complies with associated legislation and guidelines mitigates current and future risk to Council and the community around duplication of road names and supports the safety of all residents within the shire by having accurate and unique property addressing to enable quick response for emergency services.

Social / Cultural

There are no impacts on social / cultural matters associated with the report.

Attachments

1. Letter from applicant regarding proposed road naming at Greendale(Councillor Only) (Confidential - As this attachment contains personnel matters concerning particular individuals as per Section 10A(2)(a) of the Local Government Act 1993.

2 ⇩. Procedure 4.10.06 Road Naming

Council 17 April 2024

Item 10.6

10.6. Audit, Risk and Improvement Committee Quarterly Report March 2024

The purpose of this report is to provide an update on the activities of the Audit, Risk and Improvement Committee (ARIC) and to present the quarterly report for March 2024 to Council.

Director Business & Governance

Officer’s Recommendation

1. That Council receive and note the Audit, Risk and Improvement Committee (ARIC) March 2024 quarterly report.

2. That Council approve remuneration for ARIC members from 1 July 2024 as:

i. Chair - $2,000 per meeting, plus superannuation and out of pocket expenses.

ii. Member - $1,600 per meeting, plus superannuation and out of pocket expenses.

3. That Council call for Expressions of Interest (EOI) from suitably qualified and experienced members of the community to be appointed as a volunteer, independent, external member of Bega Valley Shire Council’s ARIC, following the Chair stepping down due to reaching the maximum allowable term to service as an ARIC member.

4. That Council approve the reappointment of Michael Pryke and Philip Saunders as independent representatives of its ARIC for a further four year term.

5. That Council delegate authority to the Chief Executive Officer to endorse the appointment of a new independent external member to the ARIC following a competitive EOI process.

Executive Summary

The quarterly report provides an update on the activities of the Audit, Risk and Improvement Committee (ARIC) to support accountability and highlight issues or emerging risks identified by the ARIC that may influence the strategic direction of Council.

In accordance with the Local Government (General) Amendment (Audit, Risk and Improvement Committees) Regulation 2023 and the Office of Local Government Guidelines for Risk Management and Internal Audit for Local Government in NSW, Council is required to remunerate ARIC members from 1 July 2024 and Council approval is being sought to endorse the proposed remuneration fees.

The ARIC Chair has reached the maximum allowable term of service as an ARIC member and is therefore required to step down from the committee. This leaves three existing committee members who have requested Council to run an Expressions of Interest (EOI) process to fill the vacant position as an independent member.

Background

Ongoing reporting by the ARIC to the governing body is a requirement of the Guidelines for Risk Management and Internal Audit Framework for Local Councils in NSW. Specifically, the ARIC must provide an update to the governing body of Council of its activities and opinions after every committee meeting. A copy of the March 2024 ARIC quarterly report is included as an attachment in this business paper for the information of councillors.

Quarterly reporting to Council is essential for accountability to ensure issues or emerging risks identified by the ARIC that may influence the strategic direction of Council are considered.

ARIC members currently consist of Terence Bunn (Chair), Michael Pryke, Philip Saunders and Nick Derera. Terry has reached the maximum allowable term of service as an ARIC member serving on the committee since 2015 and is required to step down from the committee. Under the Guidelines members who have served an eight-year term (either as a member or as chairperson) must have a two-year break from serving on the committee before being appointed again. Both Michael Pryke and Philip Saunders were appointed as ARIC members at Council’s Ordinary Meeting of 18 March 2020 and have therefore served their first four-year term. Under the Guidelines members can be reappointed for one further term, but the total period of continuous membership cannot exceed eight years. Both Michael and Phillip have indicated their agreement to continue as ARIC members for a further four-year term and Council approval is being sought to endorse a further term of appointment to the ARIC committee as external independent representatives.

An EOI process seeking applications from suitably qualified and experienced members of the community to be appointed as independent, external members of Bega Valley Shire Council's ARIC committee will be run by Council officers and the ARIC to determine a suitable applicant to fill the fourth ARIC position.

Whist the ARIC Charter states that ARIC shall consist of a minimum of two and a maximum three independent external members, ARIC have identified a need as part of a succession planning endeavour to have four appointed members.

Options

There are several options available to Council associated with this report including but not limited to:

1. Approve remuneration for ARIC members as outlined in the officer’s recommendation of this report. Recommended.

2. Resolve to offer a different rate of remuneration for ARIC members. Noting a reduced remuneration may result in a loss of current members and inability to meet statutory obligations under the Local Government Act 1993 (LG Act) to have an ARIC.

3. Approve the proposal to call for EOI’s to find a suitable fourth ARIC member as outlined in the officer’s recommendation of this report. Recommended.

4. Resolve to retain only three independent external ARIC members. Noting ARIC have identified a need as part of a succession planning endeavour to have fourth appointed member.

Community and Stakeholder Engagement

ARIC is an independent advisory committee consisting of independent community members that help our elected officials meet their responsibilities to oversee Council. In this sense ARIC is a form of consultation with independent members who conduct their service to Council in accordance with the requirements of the LG Act.

ARIC members collectively have a broad range of skills and experience relevant to its functions. Membership of ARIC is by appointment to the position which is determined by an EOI process that is advertised externally as detailed in the ARIC Charter.

Engagement undertaken

ARIC meets at least four times a year, with one of these meetings including review and endorsement of the annual audited financial reports and external audit opinion as well as review and endorsement of the annual Internal Audit Plan.

Engagement planned

The existing meeting arrangements will continue with the next ARIC meeting scheduled to be held on 11 June 2024.

A panel incorporating the Mayor, ARIC Chair or another delegated representative will evaluate the EOI's as per the Council's Recruitment Procedure and ARIC Charter. Submissions will be shortlisted, and suitable applicants will be invited for an interview. Unsuccessful applicants will be formally notified.

Financial and Resource Considerations

The ARIC budget is currently modest and this has been achievable through the volunteering efforts of the ARIC committee to date. However, from 1 July 2024 there is a requirement to remunerate ARIC members. To determine a suitable remuneration, Council officers have undertaken an analysis of other Council areas and provided the findings to the ARIC committee who have proposed remuneration rates for Council consideration as $2,000 per meeting for the Chair and $1,600 per meeting for ARIC members. In addition, ARIC have requested superannuation on top of the per meeting rate and out of pocket expenses to be covered. Given the below findings, Council officers consider the ARIC proposal to be reasonable and are seeking Council endorsement to adopt these rates prior to commencing the EOI process to appoint a new ARIC member.

ARIC Remuneration
Council	Remuneration
Bathurst	Chair	$1,500 per meeting
Bathurst	Members	$1,000 per meeting
Camden	Chair	$1,200 per meeting
Camden	Members	$1,000 per meeting
Canterbury/Bankstown	Chair	$2,500 (all inclusive) per meeting
Canterbury/Bankstown	Members	$2,000 (all inclusive) per meeting
City of Sydney	Chair	$5,500 (Quarterly)
City of Sydney	Members	$5,087 (Quarterly)
Cobar	Chair	$650 per meeting
Cobar	Members	$500 per meeting
Glenn Innes Severn	Chair	$12,500 per annum
Glenn Innes Severn	Members	$1,250 per meeting
Kempsey Shire	Chair	$1,000 per meeting
Kempsey Shire	Members	$700 per meeting
Mosman	Chair	$1,000 per meeting
Mosman	Members	$750 per meeting
Narrandera Shire	Chair	Implementing approx. $1,000 per meeting
Narrandera Shire	Members
Port Stephens	Chair	$1,500 per meeting
Port Stephens	Members	$750 per meeting
Queanbeyan-Palerang	Chair	$12,000 per annum
	Deputy Chair	$9,000 per annum
	Members	$6,000 per annum
Shoalhaven	Chair	$16,213 per annum
Shoalhaven	Members	$1,621 per meeting
Woollahra	Chair	$2,000 per meeting
Woollahra	Members	$1,500 per meeting

Legal /Policy

ARIC complies with the provisions of Part 4A of the LG Act in all its dealings.

A key component of ARIC’s mandate is to review compliance measures taken by Council. Specifically, ARIC aims to determine if appropriate mechanisms are in place for managing legal and compliance risks as part of risk assessment and management arrangements. This includes ensuring systems for monitoring compliance with relevant laws, regulations and associated government policies are effective.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

Bega Valley Community Strategic Plan 2040:

E.6 Council decision making seeks to optimise environmental, social and economic outcomes for our community, while mitigating financial, legal, environmental, reputational and safety risk

Delivery Program 2022-25:

E6.1 - Deliver enterprise risk management and audit control programs

Operational Plan Activity:

E6.1.1 Develop the Audit Risk and Improvement Committee annual assurance program and report to council.

Environment and Climate Change

ARIC include environmental risks within its scope of monitoring Council undertakings as defined by the LG Act and ARIC Charter.

Economic

In accordance with the Charter, ARIC aims to provide input and feedback on the financial statements and performance audit coverage proposed by the external auditor, and feedback on the external audit services provided. This includes reviewing external plans and reports in respect of planned or completed external audits, and monitoring Council’s implementation of audit recommendations. Additionally, ARIC considers significant issues arising in relevant reports and better practice guides and seeks to ensure procedures are in place to ensure that Council’s financial statements comply with Australian accounting standards.

Oversight by ARIC helps drive a culture of fiscal prudence and risk awareness within Council which in turn has broader economic impacts within the community.

Risk

The LG Act requires all councils to appropriately manage its risks by having a structured risk management framework in place to identify any known and emerging risks they face and implement controls to manage these risks.

ARIC seeks to ensure effective risk management by providing governance oversight on Council’s risk management arrangements.

Social / Cultural

ARIC aims to drive a positive and efficient organisational culture by ensuring Council management has taken steps to embed a culture which is committed to achieving efficient and effective operations with ethical and lawful behaviour. By reviewing Council’s governance framework ARIC can examine how well Council is managed, directed and held accountable for achieving its goals in the best interests of the community.

Attachments

1 ⇩. Audit Risk and Improvement Committee ARIC Quarterly Report March 2024

Council 17 April 2024

Item 10.7

10.7. Certificate of Investment March 2024

This report details Council’s cash and investments at 31 March 2024.

Director Business & Governance

Officer’s Recommendation

1. That Council receive and note the report on Council’s investment position at 31 March 2024.

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 March 2024 the total capital value of cash and investments was $126,683,712.12 with 89% 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	March-2024 (‘000)
General Fund	47,916
Water Fund	26,181
Sewer Fund	52,587
TOTAL	126,684

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 March 2024 is detailed below:

Issuer	Rating	Type	Purchase	Maturity	Interest Rate (%)	Capital Value ($)
Commonwealth Bank (Operating cash account)	AA-	CASH	-	-	-	9,047,811.36
Commonwealth Bank (At Call cash account)	AA-	CASH	-	-	-	5,000,000.00
NSW Treasury Corporation (Strategic Cash Fund)	AA-	CASH	-	-	-	135,900.76
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
Australian 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
NAB	AA-	TD	14/12/2023	24/09/2024	5.16	5,000,000.00
Westpac	AA-	TD	30/09/2022	03/10/2024	4.78	2,000,000.00
Suncorp	A+	TD	31/10/2023	31/10/2024	5.42	3,000,000.00
NAB	AA-	TD	11/12/2023	12/11/2024	5.22	5,000,000.00
Suncorp	A+	TD	30/11/2023	29/11/2024	5.46	3,000,000.00
Bendigo and Adelaide	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
NAB	AA-	TD	11/03/2024	11/03/2025	5.07	5,000,000.00
Suncorp	A+	TD	30/11/2023	11/03/2025	5.40	2,000,000.00
Australian Military Bank	BBB+	TD	31/03/2023	16/04/2025	4.50	3,000,000.00
Suncorp	A+	TD	30/11/2023	13/05/2025	5.40	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
NAB	AA-	TD	31/01/2024	26/08/2025	4.95	3,000,000.00
Westpac	AA-	TD	11/09/2023	11/09/2025	4.99	2,000,000.00
Westpac	AA-	TD	31/10/2023	31/10/2025	5.41	2,000,000.00
Westpac	AA-	TD	29/06/2023	25/11/2025	5.10	2,000,000.00
Suncorp	A+	TD	28/11/2023	28/11/2025	5.38	3,000,000.00
Westpac	AA-	TD (G)	29/02/2024	16/12/2025	4.88	5,000,000.00
Bank of Queensland	BBB+	TD	11/01/2024	12/01/2026	4.85	2,000,000.00
Westpac	AA-	TD (G)	08/02/2024	09/02/2026	4.84	5,000,000.00
ING	A	TD	11/03/2024	11/03/2026	4.85	5,000,000.00
Bank of Queensland	BBB+	TD	31/01/2024	26/05/2026	4.80	2,000,000.00
Westpac	AA-	TD	06/09/2023	07/09/2026	4.88	3,000,000.00
Suncorp	A+	TD	11/01/2024	11/01/2027	4.88	2,000,000.00
Total Cash and Investments						$126,683,712.12

Interest earned for March 2024	$449,696
Financial year to date interest earned	$3,337,866
Revised Budgeted interest for 2023/2024 financial year (QBRS Q2)^{^[1]}	$2,700,000
Percentage of the 2023/2024 budget earned by council	124%

Council’s investment portfolio is largely directed towards term deposits (89%). The remainder of the portfolio is held in cash deposit accounts with CBA and TCorp (11%).

The investments held by Council remain sufficiently liquid with 63% of investments maturing within the next 12 months.

Council’s cash and investment portfolio has a weighted average maturity of 328 days.

For the month of March, the investments held by Council provided a return of 4.73% p.a. exceeding the RBA cash rate of 4.35%.

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, Arlo Advisory 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	January-2024	February-2024	March-2024
General Fund	39,316	48,259	47,916
Water Fund	25,315	26,199	26,181
Sewer Fund	49,079	52,210	52,587
TOTAL	113,710	126,668	126,684

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

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

The value of outstanding government grant debtors on 31 March 2024 is $3,004,020.74 with $1,124,883.02 aged 4+ months. Council continues to work with our funding partners to reduce these debts.

Legal /Policy

Section 625 of the Local Government Act 1993 determines money may only be invested in a type of investment authorised by Order of the Minister for Local Government and published in the Local Government Gazette. The current Ministerial Order of Investment was published 17 February 2011.

Clause 212 of the Local Government (General) Regulation 2021 determines the Responsible Accounting Officer must provide Council with a written report setting out details of all money Council has invested under Section 625 of the LG Act.

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

Council has an Investment Policy, policy number 6.07 adopted 16 November 2022. The policy was reviewed internally on 13 December 2023. 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.

As at 31 March 2024, Council’s investment portfolio included $10 million of green certified investments.

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 March 2024, all cash and investments held are within the counterparty, credit quality and maturity policy limits.

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

Legend: Compliant Non-Compliant

Counterparty Compliance

Credit Quality Compliance

Maturity Compliance

Social / Cultural

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

Attachments

Nil

Council 17 April 2024

Item 13.1

13.1. Cr David Porter - Review of Debt Recovery Procedure 6.06.03

Notice of Motion

That Council review procedure 6.06.03 Debt Recovery considering the published best practices of the Office of Local Government and the Ombudsman as well as Councils Customers Service Charter ensuring the following are encapsulated into the new procedure to produce the best possible outcomes:

1. Update the policy to reflect current laws.

2. That all council communications to ratepayers who are overdue in rate payments is framed as “HOW CAN WE HELP” and includes information about applying for relief under councils hardship policy, includes contact information for financial counselling services.

3. That the threshold for commencement of any legal action be set at two complete instalments exceeding a value of $1,500.

4. That Council will accept all payment arrangements offered by a ratepayer in arrears, providing it remains within the above threshold.

5. That once the threshold has been reached the ratepayer is notified by two methods (e.g. post and phone call) that the account may be sent to the debt collectors for action in seven days unless they take action and clearly inform them that once it has been passed to legal they will be liable for the costs involved (stating what that cost will be).

6. That should any legal fees be charged to the ratepayers account the ratepayer will be sent notification of that charge.

7. That no legal action or legal fees will be added to a Ratepayer experiencing hardship under Council’s Financial Hardship Assistance arrangements or have already paid the outstanding balance.

8. That Council will open a channel of communication specifically for financial counsellors to communicate hardship requests of their clients.

9. That council will remove interest or other charges in accordance with policy and under advice from financial counsellors.

10. That once reviewed, the Procedure be returned to Council and placed on public exhibition.

Background

In the Council Agenda of December 13th, 2023 staff asked for clearer direction on the Debt Recovery procedure.

The procedure itself refers to the Local Courts Act 1970, this act was repealed 20 years ago and as such the procedure is not in sync with current legislation.

Over recent years many draconian practices of debt collection are now frowned upon, as a vibrant and caring Council it is essential that we implement modern methods that are consultative and transparent and adopt a caring and helpful attitude to assist ratepayers, especially when they are experiencing difficulty in meeting their financial obligations. By identifying hardship of those requiring assistance early and providing a lifeline we can assure genuine cases gain the assistance needed to not plunge them further into debt.

The current policy allows for anyone who is 1 day late in a rates payment to be taken to court and have substantial costs lumbered on them in addition to their rates charges. While Council does not act in one day the current policy can result in inconsistencies, frustration, a lack of transparency and worse of all plunge those experiencing hardship into a worsening position.

The points in this motion have taken six months to assemble, in consultation with the Office of Local Government, other Councils who have shown best practice outcomes, Anglicare and several dozen ratepayers. The feedback was consistent on the points above.

Particular attention was taken into the use of debt collectors and legal action where the Office of Local Governments best practice guidelines contains a lot of information about courtesy, follow-up. Some key points from the guidelines are:

“It is important for councils to recover debt from unpaid rates and charges fairly and equitably. Councils are encouraged to give special consideration for people facing hardship to limit unnecessary fees, interest and legal costs that can cause additional financial stress in difficult times.” - . The Office of Local Government Debt Management and Hardship

“To balance these considerations, councils should have policies that first seek to recover outstanding payments using a fair and effective process that promptly determines how each debt will be paid outside a formal court process. This minimises overall costs to the individual ratepayer, who may already be facing difficulties, and cost to the community.” - . The Office of Local Government Debt Management and Hardship

“Court claims dealing with unpaid rates and charges can waste time, resources and cause unnecessary stress to ratepayers. Excessive court claims by councils can be a sign of poor debt recovery practices. Councils should take legal action in court as a last resort rather than a matter of practice. This should only occur if an informal payment arrangement with a ratepayer is not successful, a ratepayer breaches an existing payment arrangement or a ratepayer has a long history of not paying rates and charges.” - . The Office of Local Government Debt Management and Hardship Guidelines

Staff response

Staff believe that although the intent is clearly to provide more flexibility in payment of rates there are some risks associated with the above motion that should be considered.

The threshold for commencement of legal proceedings is currently set to where the outstanding balance exceeds $850. Staff would propose where two or more full instalments remain outstanding and the balance exceeds $850 this becomes the trigger for recovery action if change is to be made. We have many rural assessments where annual rates total $1500, so if the proposed change was made, we could cause more financial hardship. There would be a cost to have software updated for reporting on the proposed change which could be in excess of $12,000.

There is a risk that further lenience could result in more people reaching financial hardship if clearer action is not taken early.

Within Councils existing resources we currently do not have the capacity to call prior to letter of demand (LOD) (roughly 700+ a quarter). This would require an additional 350 hours per quarter or ten staff for a week.

The LOD is posted and emailed where an address is available. We are proposing to extend the due day out to 14 days prior to summons being issued compared to the current 7 days. The new payment system, Payable, will also allow for SMS for those to have direct debit arrangements.

Council has now commenced (since the 1^st instalment of this financial year) sending a letter to any rate payer who has legal fees applied.

All instances for wavier are reviewed on a case by case basis under the current policy and approved by staff with appropriate delegations. Advice from financial counsellors is always considered when reviewing the request.

Overall staff are supportive of the principles of the motion provided that the risk of leading to further hardship is understood and adequate resources being identified by councillors to implement part 3 (software) and part 5 (staffing).

Cr David Porter

Attachments

Nil

[1] Review of the budget for interest on investment are conducted as part of each Quarterly Budget review. This is due to Councils large capital program and the uncertainty in timing of payments required.

Item	Date
Additional Ordinary Council meeting - QBR3 report for adoption - Draft FY25 budget + Integrated Planning and Reporting (IPR) documents (Long Term Financial Plan, Operational Plan, Revenue Policy, Strategic Asset Management Plan, Fee and Charges) for exhibition	8 May
IPR docs public exhibition period	8 May- 5 June
Councillor Briefing- IPR documents exhibition feedback	5 June
Council meeting- FY25 budget + IPR documents (Long Term Financial Plan, Operational Plan, Revenue Policy, Strategic Asset Management Plan, Fee and Charges) for adoption	26 June

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	17 April 2024
*Item 8.1 - Attachment 1*	Arts and Culture Plan 2024/25 - 2029/30

Council	17 April 2024
*Item 8.2 - Attachment 1*	Draft Bega Valley Shire Local Infrastructure Contributions Plan

Council	17 April 2024
*Item 8.2 - Attachment 2*	Draft Voluntary Planning Agreement Policy 4.11

Council	17 April 2024
*Item 8.2 - Attachment 3*	Draft Steps in Negotiation of a Voluntary Planning Agreement Procedure 4.11.1

Council	17 April 2024
*Item 8.2 - Attachment 4*	Current Planning Agreement policy and procedure

Council	17 April 2024
*Item 8.3 - Attachment 1*	Draft Conditions of Consent

Council	17 April 2024
*Item 8.3 - Attachment 2*	Section 4.15 Assessment Report

Council	17 April 2024
*Item 8.3 - Attachment 3*	Plan of Subdivision

Council	17 April 2024
*Item 8.3 - Attachment 4*	Applicant's Variation Request

Council	17 April 2024
*Item 8.4 - Attachment 1*	Draft Conditions of Consent

Council	17 April 2024
*Item 8.4 - Attachment 2*	Section 4.15 Assessment Report

Council	17 April 2024
*Item 8.4 - Attachment 3*	Development Plans

Council	17 April 2024
*Item 9.1 - Attachment 1*	CWF Consultative Committee Minutes - March 2024

Council	17 April 2024
*Item 9.2 - Attachment 2*	Memo Merimbula far field discharge analysis 2023

Council	17 April 2024
*Item 9.3 - Attachment 1*	Bega Valley Rally 2024_Redacted

Council	17 April 2024
*Item 9.3 - Attachment 2*	Coast to Kosciuszko Nov 2024_Redacted

Council	17 April 2024
*Item 9.3 - Attachment 3*	Randolph Street Merimbula

Council	17 April 2024
*Item 9.3 - Attachment 4*	Eden Whale Festival 2024_Redacted

Council	17 April 2024
*Item 9.3 - Attachment 5*	Tarlinton Street Cobargo bus zone time changes

Council	17 April 2024
*Item 10.1 - Attachment 1*	Bega Valley Community Disaster Relief Fund 2022 / 2023 Annual Report

Council	17 April 2024
*Item 10.3 - Attachment 1*	Council report dated 22 July 2015 - Reclassification of Council owned land at Cattle Bay, Eden

Council	17 April 2024
*Item 10.3 - Attachment 2*	Council report dated 3 February 2016 - Finalisation of planning proposal to reclassify part lot 4 DP 1138056 Cattle Bay, Eden

Council	17 April 2024
*Item 10.4 - Attachment 1*	2024-NGA-Motions-Discussion-Paper.pdf

Council	17 April 2024
*Item 10.5 - Attachment 2*	Procedure 4.10.06 Road Naming

Council	17 April 2024
*Item 10.6 - Attachment 1*	Audit Risk and Improvement Committee ARIC Quarterly Report March 2024