Agenda of Council - Wednesday, 12 June 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 12 June 2024

Item 8.1

8.1. Tree shade in town centres

This report presents the findings of an investigation into strategies for enhancing shade in town centres through increasing tree coverage.

Director Community Environment and Planning

Officer’s Recommendation

That Council note the research undertaken regarding local government strategies which enhance shade in main town centres through increasing tree coverage (Attachment 1).

Executive Summary

Policy 3.13 Trees and vegetation in urban areas on Council managed land and Procedure 3.13.01 Nature Strip Planting Guideline were adopted by Council at the meeting of 26 July 2023. At this meeting, Council also resolved to ‘investigate relevant local government strategies for enhancing shade in main town centres through increasing tree coverage’.

Council officers have undertaken this investigation and the findings are presented for Council’s information.

Background

At the meeting of 26 July 2023, Council resolved to:

1. Adopt Policy 3.13 Trees and vegetation in urban areas on Council managed land, as amended following public exhibition.

2. Staff investigate relevant local government strategies for enhancing shade in main town centres through increasing tree coverage; to be reported by the end of 2023.

3. Adopt Procedure 3.13.01 Nature Strip Planting Guideline, as amended following public exhibition.

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

Resolutions 1, 3 and 4 and have been previously enacted.

In response to resolution 2, Council officers have conducted research into a range of strategies, programs and studies that other NSW and Victorian local councils have undertaken to enhance shade in their main town centres by increasing tree coverage.

From this research, several strategies were chosen that represented a range of approaches used in other local government areas for inclusion in a summary report, which is provided at Attachment 1. These strategies provide examples of how Council could identify priority areas for street tree planting throughout our town centres.

The research may also be applied to the implementation of Policy 3.13 Trees and vegetation in urban areas on Council managed land and Procedure 3.13.01 Nature Strip Planting Guideline by providing examples of how Council could better plan street tree plantings and manage existing street trees.

A general theme that emerged in the research regarding the benefits of increasing tree cover in town centres was the encouragement of people to walk or cycle and spend more time in community and commercial areas, resulting in positive social and economic benefits to the local community. Other widely acknowledged benefits of increasing tree coverage include allowing the community to adapt to climate change by mitigating heat stress, creating a sense of character in town centres, and reducing the ‘urban heat island’ effect.

The main findings of the research are that:

· Multiple councils have Urban Tree Strategies or Street Tree Masterplans in place which set out objectives, implementation plans and actions to increase tree coverage in town centres and urban areas in a way which benefits the community.

· Local councils often use mapping tools to investigate areas of highest priority for tree plantings in urban areas. These include identifying areas where social vulnerability and vacant tree sites intersect, identifying streets which have many trees with a low life expectancy, or heat mapping to identify which urban areas are most vulnerable to the effects of urban heat.

· Multiple councils put consideration into ensuring trees of appropriate species for the area were planted and that future climate adaption considerations were considered. Suitable corresponding maintenance plans were also determined for the specific sites.

There are currently no resources or allocated budget identified to progress the development of a public domain shade strategy however it should be noted that the adopted Policy 3.13 Trees and vegetation in urban areas on Council managed land, and Procedure 3.13.01 Nature Strip Planting Guideline provides guidance on suitable street tree planting including in new subdivisions.

Options

This is an information only report. It is recommended that Council note the findings of the research in response to part 2 of the Council resolution of 26 July 2023 into ‘relevant local government strategies for enhancing shade in main town centres through increasing tree coverage.’

Community and Stakeholder Engagement

Engagement undertaken

No community consultation was conducted as part of the investigation, however research into other NSW and Victorian local councils’ strategies, programs and studies has been undertaken.

Engagement planned

No further community or stakeholder engagement is planned at this time.

Financial and Resource Considerations

The investigation and reporting of findings were undertaken as part of Council’s regular work program and within the adopted 2023/24 budget.

It is important to note that should Council decide in the future to significantly increase the amount of Council managed trees there would be an additional financial impact associate with tree maintenance and management which as not been quantified or considered as part of this report.

Legal /Policy

The information contained within the research findings has been produced with consideration of planning provisions of relevant NSW and Victorian councils.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

The investigation is consistent with the future direction of the Bega Valley Local Strategic Planning Statement 2040 to ‘Increase vegetation, especially the tree canopy to help keep urban areas cooler and encourage the use of fire resistant species.’The investigation is consistent with the actions of the Bega Valley Shire Climate Resilience Strategy to: ‘Implement street tree, open space and parkland tree planting program across all towns and villages to mitigate heat stress,’ and ‘Incorporate native plantings into all infrastructure development, minimise mowing and maintenance.’

Environment and Climate Change

Tree shade strategies can improve the quality of trees on Council managed and private land in urban areas and town centres.

The provision of trees in urban areas is known to:

· sequester carbon dioxide from the atmosphere

· provide micro-climate cooling through increased provision of urban shade

· counter urban heat island effect caused by the concentration of hard, unshaded surfaces such as concrete and asphalt

· lessen the soil erosion impacts of heavy rainfall

· improve air quality by absorbing carbon dioxide, trapping and filtering atmospheric pollutants with their foliage, and lessening the need for mechanical cooling.

Economic

The research demonstrates that improving shade from trees in town centres can have a positive economic impact for businesses in town centres.Risk

Local council urban tree strategies minimise risk to Council from shade trees in town centres by providing a transparent framework for decision-making in relation to the management of existing trees and support the development of processes to ensure that future plantings are well-planned, well-executed and adequately maintained.

Social / Cultural

Shade trees in town centres directly benefit the community through their natural beauty, shade and shelter, habitat value and improved quality of the urban environment.

Attachments

1 ⇩. Investigation into relevant local government strategies for enhancing shade in main town centres through increasing tree coverage

Council 12 June 2024

Item 8.2

8.2. Adoption of Bega and Wolumla Structure Plans

This report seeks Council’s support for the adoption of structure plans for the Bega and Wolumla urban growth areas.

Director Community Environment and Planning

Officer’s Recommendation

1. That Council resolve to adopt the Draft Bega and Wolumla Structure Plans as amended after public exhibition (Attachments 1 and 2).

2. That those who made submissions to the draft structure plans be notified of Council’s decision.

Executive Summary

The Draft Bega and Wolumla Structure Plans have been developed to guide future land use and development in the Bega and Wolumla urban release areas. The draft plans were developed by specialist consultants in consultation with Councillors, Council officers, government agencies, land owners and the community.

The draft structure plans have been publicly exhibited with 533 on-line surveys completed and 21 other submissions received. Various minor changes to the draft plans are recommended by Council officers in response to issues raised in submissions.

Development of the structure plans was funded by the NSW Government through Round 1 of the Regional Housing Strategic Planning Fund. The NSW Government has also agreed to fund development of the planning proposal to implement the recommended amendments to Bega Valley Local Environmental Plan 2013 from the Bega Structure Plan through Round 2 of the Regional Housing Strategic Planning Fund.

Background

Council received a grant through Round 1 of the NSW Government Regional Housing Strategic Planning Fund to deliver a project to coordinate planning and infrastructure provision for urban residential growth areas in Bega and Wolumla. The project was delivered by Council with Better Cities Group as lead consultant in partnership with Development Directive, Think Economics and NGH Consulting. The output of the project was the development of structure plans for the Bega and Wolumla urban growth areas.

The Draft Bega Structure Plan assesses the suitability of land south of the existing town for urban residential development, analyses the opportunities and constraints to urban growth in the area and details how Council’s objectives can be addressed through future development of three new neighbourhoods in the area. The Bega Structure plan is supported by a Recreation Needs Assessment and an Economic Impact Assessment, Biodiversity High Environmental Values Mapping Validation Report, Preliminary Contaminated Land Assessment and Preliminary Aboriginal Heritage Assessment that were delivered as part of the project.

The Draft Wolumla Structure Plan investigates the opportunities and constraints of the zoned urban release areas and details how Council’s objectives can be addressed through future development of the village. The Wolumla Structure plan is supported by a Recreation Needs Assessment and an Economic Impact Assessment that were delivered as part of the project.

Both structure plans aim to accelerate the provision of development ready land to meet the shire’s current and future housing needs, and detail where and how residential growth and development will occur. Once adopted, the structure plans will provide a framework to guide Council when considering subdivision and development proposals.

The purpose of this report is to advise Council of the feedback to the draft plans received during public exhibition and seek a resolution to adopt the plans. The completed draft plans which incorporate the proposed changes are contained in Attachments 1 and 2 to this report.

Options

Options available to Council are to:

1. Adopt the Draft Bega and Wolumla Structure Plans as amended following public exhibition (Attachments 1 and 2). This is the recommended option.

2. Adopt the Draft Bega and Wolumla Structure Plans without the suggested amendments following public exhibition. This option is not recommended as the proposed changes represent feedback from the community and clarify information and recommendations in the plans and will facilitate additional housing provision in the Bega area and more closely reflect land capability in Wolumla.

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

Community and Stakeholder Engagement

Engagement undertaken

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

Engagement with the Bega Local Aboriginal Land Council, the Djirringanj Elders Federation, two major land owners in Wolumla and Bega, and Transport for NSW was also undertaken in the development of the draft plans.

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

The project consultation strategy was delivered with assistance from Council staff. All landowners within the investigation areas were notified of the exhibition by mail. Details of the project and engagement process were shared via Council’s newsletter, social media, a media release, posters with QR codes in public areas, and digital advertising in the Bega District News and Merimbula News Weekly. Members of the community were encouraged to provide feedback through a survey and Council’s ‘Have Your Say’ page. The development professionals group and several NSW Government agencies were also notified of the exhibition via email.

In accordance with the engagement strategy, extracts of the draft structure plans were incorporated into documents designed to effectively communicate the key elements of the plans. These key elements were also incorporated into a survey to enable the community to engage with the material.

The draft structure plans were exhibited from 3 November to 3 December 2024. A total of 536 survey responses were received; 228 to the draft Bega Structure Plan and 308 to the draft Wolumla Structure Plan. In addition to the survey feedback, 17 other public submissions were received. Feedback was also received from the NSW Department of Education, NSW Department of Primary Industry – Fisheries, NSW Rural Fire Service and Transport for NSW. A summary of the public and agency submissions received is provided in Attachment 3 to this report. The survey results are presented in Attachments 4 and 5 to this report. Consultation reports are provided in pages 25 – 29 of Attachments 1 and 2 to this report.

Following the exhibition, a media release was published and survey respondents and submitters who provided contact details were sent a summary of the survey results.

Summary of survey feedback to the Bega Structure Plan.

Feedback to the draft Bega Structure Plan survey indicated strong support for provision of more housing supply and the allocation of more land to housing in the shire. There is support for a variety of housing types in new development in Bega, not just detached dwellings. Walking and cycling connections from the proposed new development area to the Bega Town Centre is very important to respondents. The three highest priorities identified by respondents for new housing areas in Bega are: protecting and enhancing natural features, amenity and character; efficient use of land and infrastructure; and sustainable development to manage growth.

There is majority support for all three of the housing precincts (western, central and eastern) identified in the draft plan. There is support for a variety of housing types (houses, townhouses and apartments) in all three precincts, however, there is a stronger sentiment for higher density in the eastern precinct compared to the other precincts.

The Bega Local Aboriginal Land Council (Bega LALC) and the Djirringanj Elders Federation provided input into the development of the Bega Structure Plan as the area is a culturally significant landscape to the Djirringanj people.

Summary of survey feedback to the Wolumla Structure Plan.

Feedback to the draft Wolumla Structure Plan survey indicated strong support for provision of more housing supply and allocation of more land to housing in the shire. There is support for a variety of housing types in new residential development, not just detached dwellings. Prioritising the character and renewal of Candelo – Wolumla Road is very important to respondents. The three highest priorities for housing areas in Wolumla identified by respondents are: considering and protecting existing character; efficient use of service infrastructure and active travel/open space networks; and promoting appropriate density.

The survey identified there is a strong community sentiment for safety improvements for Candelo Road, and also for the structure plan to consider climate resilience. The five biggest issues in Wolumla identified in feedback to the survey are:

· Lack of footpaths to open space areas and town centre

· Limited services and shopping

· Poor pedestrian connectivity to recreational space east of the highway

· Limited recreation / open space within the town

· Safety concerns with existing highway intersections

Summary of written submissions to the Wolumla and Bega Structure Plans.

Six written submissions specifically related to the draft Bega Structure Plan and six to the draft Wolumla structure plans. The remaining nine submissions did not address either place specifically or related to both locations. The written submissions raised a wide range of questions and issues which are summarised in Attachment 3 to this report alongside staff comments and any recommended changes to the draft plans.

Feedback from NSW Government Agencies tended to be high level due to the nature of the information provided in structure plans. These submissions will be used to inform the planning proposal for the Bega urban release areas and when considering development applications or more detailed planning within the areas.

Summary of the changes made to the draft structure plans following public exhibition

The following amendments have been made to the draft Bega Structure Plan:

· Additional land to the east and west of Parbery Creek has been included in the future urban area

· The objective regarding protection and enhancing natural features, amenity and character has been strengthened in relation to protection of waterways and riparian areas

· Maps have been reviewed and updated to clarify meaning where required

· Advice from Transport for NSW has been incorporated and recommendations clarified regarding highway access on relevant maps.

The following amendments have been made to the draft Wolumla Structure Plan:

· Relocation of the proposed commercial precinct

· Consolidation of recommended parkland

· Boundary of the proposed additional urban area has been modified to recognise the development limitations from bushfire protection and environmental values

Engagement planned

No further engagement is planned in relation to this project, however, several of the actions that will follow in the implementation of the plans will require further community engagement including planning proposal and subdivision development applications.

Financial and Resource Considerations

The project was wholly funded by a $250,000 grant from Round 1 of the NSW Department of Planning, Housing and Infrastructure’s Regional Housing Strategic Planning Fund. Council’s contribution to the project was by way of specialist staff and provision of available data and existing technical studies.

Legal /Policy

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

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

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

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

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

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

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

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

· Sustainable development and growth

· Efficient land use

· Enhanced natural advantages and character

· Housing diversity

· Improved neighbourhood amenity and access to open space networks

· Pedestrian friendly town layouts

· Reduction in vehicle reliance

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

· Ensure sufficient residential land for population growth

· Increase diversity of housing

· Promote efficient use and provision of infrastructure

· Build in hazard protection and climate resilience

· Strengthen and support Bega as the Regional Centre

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

· Preserve agricultural land and areas of high environmental value

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

Environment and Climate Change

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

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

Economic

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

Risk

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

Social / Cultural

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

Attachments

1 ⇩. Bega Structure Plan

2 ⇩. Wolumla Structure Plan

3 ⇩. Summary of written submissions to Draft Bega and Wolumla Structure Plans

4 ⇩. Survey feedback to Bega Structure Plan

5 ⇩. Survey feedback to Wolumla Structure Plan

Council 12 June 2024

Item 8.3

8.3. Affordable Housing Contributions

This report presents the findings of the feasibility analysis for affordable housing contributions in the Bega Valley Shire and seeks approval to develop an Affordable Housing Contributions Policy.

Director Community Environment and Planning

Officer’s Recommendation

1. That Council note the Bega Affordable Housing Feasibility Analysis prepared by Atlas Economics (Attachment 1).

2. That Council resolve to prepare a draft Affordable Housing Contribution Policy.

3. That the draft Affordable Housing Contribution Policy be reported to Council for consideration when completed.

Executive Summary

The Bega Valley Shire Affordable Housing Strategy includes an action to investigate and potentially develop an Affordable Housing Contribution Scheme (AHC Scheme). Atlas Economics were engaged to investigate whether contributions for affordable housing are feasible in the Bega Valley Shire. The resulting Bega Affordable Housing Feasibility Analysis (the study) contained in Attachment 1 to this report demonstrates that there is an opportunity for Council to levy affordable housing contributions in proponent-led ‘spot’ (site specific) rezonings or Council-led planning proposals in some circumstances.

This report presents an overview of the findings of the study and recommends that Council prepare an Affordable Housing Contribution Policy (AHC Policy) as an interim measure until an AHC Scheme can be implemented.

Background

Under Section 7.32 of the Environmental Planning and Assessment Act 1979 land or contributions for affordable housing can be levied through a development consent, subject to various requirements. Any contributions received must be used for affordable housing and may not be used for any other purpose (such as social housing, social support services, community awareness, etc). Affordable housing is defined as housing that is rented to very low, low and moderate income households. To be considered affordable, rent must be less than 30% of gross income. The housing must be managed and maintained for continued use as affordable housing.

Affordable housing contributions can be enabled by an AHC Scheme or an AHC Policy. An AHC Scheme must specify what land it applies to and accompany an amendment to the Bega Valley Local Environmental Plan 2013. Alternatively, an AHC Policy can apply to proponent-led planning proposals and provides the basis for planning agreement negotiations; their objective is to send a signal to the market of Council’s intention.

Affordable housing contributions can only be applied when additional development capacity is created by rezoning or amendments to planning controls (such as height of buildings or floor space ratio) in areas where there is an identified need for affordable housing, and it has been demonstrated that imposing the contribution is feasible.

Strategy 17 of the Bega Valley Shire Affordable Housing Strategy included a recommendation that Council consider the development of an AHC Scheme in conjunction with proposed rezonings and conduct further detailed investigations into the viability of such a scheme.

To implement this recommendation, Atlas Economics, in collaboration with GLN Planning, were engaged by Council to assess the viability of affordable housing contributions in the Bega Valley Shire and make recommendations on the potential for an AHC Scheme, as well as to develop an AHC Scheme if recommended.

Key Findings

The study examined the following key areas where Council’s land use strategies or the Affordable Housing Strategy identified greater housing opportunity through future rezoning or amended planning controls:

• Additional permissibility for multi-dwelling housing in the R2 Low Density Residential zone shire wide

• Increased densities in R3 Medium Density Residential zones in Bega, Eden and Merimbula within 600m of the E2 Commercial Centre zone

• Rezoning identified urban residential investigation areas in Bega from rural / large lot zones to the R2 Low Density Residential zone.

The study demonstrates that development is feasible in some circumstances in existing urban areas and in rezoned rural areas, subject to environmental constraints and servicing. As the market for higher density matures, the opportunity for affordable housing contributions will improve in the Bega Valley Shire.

There is currently an opportunity for Council to levy affordable housing contributions in proponent-led spot rezonings or Council-led planning proposals. The contribution would be required on the additional floorspace enabled through changes to planning controls or the additional residential yield enabled by rezoning.

Permissibility of multi-dwelling housing in the R2 zone

The study found that affordable housing contributions are not feasible in relation to additional permissibility for multi-dwelling housing in R2 Low Density Residential zones. However, it did find that permitting multi-dwelling housing in R2 Low Density Residential zones will enable the market to opportunistically respond where a site can be secured at an economic price and contribute to better housing diversity outcomes.

Conclusion: Increasing the permissibility of multi-dwelling housing in the R2 Low Density Residential zone will assist housing diversity but there is limited opportunity for affordable housing contributions.

Changing R3 zone density controls

The study found that development of land with amended density controls is likely to be opportunistic and located in high amenity areas close to beaches and town centres where the high-end product helps offset the cost of production. Where this occurs, there is modest capacity for development to make an affordable housing contribution of 1% of the value of the additional floor space enabled through the change to density controls.

Conclusion: Amending the R3 Medium Density Residential density controls will see some take-up in high-amenity locations and there is an opportunity for affordable housing contributions.

Rezoning of rural land for urban uses

The study found the additional value attributed to a rezoning from rural or low intensity uses to low density residential uses will have capacity to contribute to affordable housing, although this will be subject to the cost of development and local infrastructure contributions. Demand for low density residential land is robust and subdivision opportunities are likely to be taken up subject to site and location attributes. In rural/ large lot zones that are rezoned to residential there is capacity for development to make an affordable housing contribution of 3% of the value of the additional dwelling yield enabled through the rezoning.

Conclusion: Rezoning of rural land for urban uses has a good prospect for take-up due to the lower cost of land and robust demand for low density residential land which presents a key opportunity for affordable housing contributions.

Governance arrangements

The study identified several governance and management matters which need to be considered if affordable housing contributions were to be received by Council (whether through planning agreements or as part of conditions of consent). These include distribution and management of funds, selection of affordable housing providers, and ongoing monitoring and reviews.

Recommendations

The study found that affordable housing contributions are viable in some circumstances in the Bega Valley Shire and recommended that Council proceed with developing an AHC Policy as an interim measure until an AHC Scheme can be implemented.

The study recommended that, should Council proceed with preparation of an AHC Policy, the following matters will require further investigation:

• Contribution rates for different scenarios and areas

• Potential partnerships with Community Housing Providers and details of rental arrangements.

Council’s AHC Policy would serve as a signal to proponent-led planning proposals and inform planning agreement negotiations. Affordable housing contributions would be contained in a planning agreement.

Once Council’s precinct planning has progressed to the planning proposal stage, a Council-led planning proposal/s to amend planning controls could be accompanied by an AHC Scheme to amend the Bega Valley Local Environmental Plan 2013. A new affordable housing clause would be inserted, and contributions would be required as a condition of development consent. At this time, any land that was identified in both the AHC Policy and Scheme would then be removed from the AHC Policy.

Options

Options available to Council are to:

1. Resolve to prepare an AHC Policy to enable affordable housing contributions through a planning agreement and progress with an AHC Scheme when appropriate. This is the recommended option because it signals Council’s expectations to the market so that those requirements can be factored-into site negotiations and purchase decisions and acts to phase in contributions for affordable housing by providing notice to developers of sites that have already been purchased. This option would enable Council to collect contributions for affordable housing through proponent led planning proposals prior to the implementation of an AHC Scheme.

2. Not develop an AHC Policy and resolve to wait until Council’s precinct planning has progressed and develop an AHC Scheme. This option is not recommended because much of the work required for both mechanisms is the same and Council will be better prepared to develop an AHC Scheme when appropriate if we proceed with an AHC Policy now.

3. Resolve not to proceed with either an AHC Policy or Scheme. This option is not recommended because it has been demonstrated that requiring contributions for affordable housing is feasible in some circumstances and funds collected would be allocated to the provision of affordable housing in the Bega Valley Shire.

Community and Stakeholder Engagement

Engagement undertaken

A Councillor workshop was held on 8 February 2023 to inform Councillors of the legislative framework for local infrastructure funding of developer contributions. A representative of Atlas Economics presented the findings of the AHC feasibility study at a Councillor workshop on 3 April 2024. The study and Councillor presentation was circulated to Councillors and members of the Affordable Housing Implementation Group via email on 22 May 2024.

Engagement planned

Draft policies are required to be publicly exhibited 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. Once an AHC Policy has been drafted and endorsed by Council for public exhibition, it is proposed to provide information about the draft policy through Council’s newsletter, website, media release and social media and via email to the Development Professionals Group.

Members of the community will be encouraged to provide feedback through Council’s ‘Have Your Say’ webpage.

Public exhibition of an AHC Scheme, once endorsed by Council for progression, would take place in conjunction with the associated planning proposal in accordance with the Gateway Determination and Council’s Community Engagement Strategy.

Financial and Resource Considerations

The project was funded through local infrastructure contributions plan revenue as part of the $160,000 budget allocation to develop and deliver a new local infrastructure contributions plan and planning agreement policy, including investigation and development of an AHC Scheme.

The affordable housing contributions component of the project is $60,000. Development of the affordable housing contributions policy recommended in this report is included in the existing budget allocation for this project.

Legal /Policy

Local infrastructure contributions are levied under section 7.32 of the Environmental Planning and Assessment Act 1979.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

The project aligns with the strategic objective of the Bega Valley Community Strategic Plan 2042: ‘Our local civic leadership is strong, consultative and responsive to our community’s needs’.

The project aligns with Planning Priority 11 Housing: ‘Residential areas provide a range of housing styles, sizes and tenures that suit people of all ages, income levels and household sizes and enable communities to stay connected and healthy as people move through the various stages in life.’

The project will deliver Strategy 17 of the Bega Valley Shire Affordable Housing Strategy: ‘In conjunction with any proposed rezoning … conduct further detailed investigations into the viability of a Housing SEPP 2021 Affordable housing contributions scheme.’

The project aligns with the following key response areas of the Bega Valley Shire Climate Resilience Strategy: Liveable and connected places and Safe, healthy and inclusive community.

Environment and Climate Change

Application of an AHC Scheme or Policy will not have an adverse impact on the environment.

Economic

Application of an AHC Scheme or Policy will provide a source of funding for affordable housing projects in the shire.

Risk

Risks to Council from the application of an AHC Scheme or Policy will be addressed through development of an appropriate governance framework for the collection and expenditure of funds received through the scheme.

Social / Cultural

Application of an AHC Scheme or Policy will provide a source of funding for the provision of housing that will benefit members of the local community.

Attachments

1 ⇩. Bega Affordable Housing Feasibility Analysis

Council 12 June 2024

Item 9.1

9.1. Merimbula Airport Master Plan 2043

The Merimbula Airport Master Plan 2043 is the culmination of the review of the Merimbula Airport Master Plan 2013-2033. It is being brought to Council for formal adoption.

Director Assets and Operations

Officer’s Recommendation

That Council formally adopt the Merimbula Airport Master Plan 2043.

Executive Summary

There has been considerable change in at the Merimbula Airport over the ten years since Council adopted the 2013-2033 Master Plan. These changes have included:

· infrastructure upgrades to the runway, apron, and terminal

· changes in community expectations and behaviours, and

· changes to the legislative environment.

As a result of these changes, it was necessary reset the vision for the future and revise the Master Plan to ensure that new development is safeguarded, caters for future growth and optimises the use of available land within a heavily constrained site. As there is always inherent uncertainty in planning for a 20-year horizon, there is flexibility in the staging of developments to ensure upgrades are undertaken at the appropriate time to cater for passenger traffic levels and airport user requirements.

Council have engaged specialist aviation firm L&R Airport Consulting to ensure that the Master Plan meets industry best practice. This includes ensuring that the process of developing the Master Plan aligns with the Australian Airports Association’s (AAA) Airport Practice Note 4 Regional Airport Master Planning Guideline.

The development of the Master Plan has been funded by a grant under the NSW Government’s Regional NSW – Business Case and Strategy Development Fund. The outcomes of the Master Plan will help support Council’s business case for future project funding under State and Commonwealth Government funding schemes.

Background

Over the ten years since the 2013 -2033 Master Plan was formally adopted, there have been changes to the regulatory environment, evolved usage of the airport, and a better understanding of relevant development constraints identified through the delivery of recent upgrades.

The updated Master Plan has been prepared following the Australian Airports Association’s (AAA) Airport Practice Note 4 Regional Airport Master Planning Guideline. This included:

· A requirement for targeted consultation with key stakeholders and broader community consultation. This has been conducted through a four key stage process outlined in the section below.

· The development of a comprehensive Airport Safeguarding Plan which addresses the relevant Commonwealth Government’s guidelines, the National Airports Safeguarding Framework (NASF) Guidelines.

As the owner of the Merimbula Airport, Council has a duty to protect the operational capability from the encroachment of restrictions and incompatible land uses. Since the adoption of the 2013 Master Plan, Council has fulfilled this obligation through the incorporation of Obstacle Limitation Surface (OLS) mapping and aircraft noise contours into the Local Environmental Plan (LEP).

The development of this new Master Plan has included a review of the OLS and noise contours as well as providing guidance regarding building generated windshear and turbulence, wildlife hazards, lighting, CNS (communication, navigation and surveillance) facilities and public safety areas.

Airport master planning is a specialised area of expertise that also requires accredited planning tools. Council engaged L+R Airport Consulting, who are consultants highly experienced in the discipline and very familiar with the context of Merimbula Airport.

The revised Master Plan outlines the preferred development concept over the next 20 years, to meet the modelled and expected future needs and requirements of the community. The Plan is presented in a logical manner that balances the various competing demands for limited available space. The Master Plan also recognises there is inherent uncertainty in a 20-year timeframe therefore allows for flexibility in implementation based on how events, in particular passenger traffic levels and airport travel habits develop over time.

Options

The development of the Master Plan has included a comprehensive review of strategic options for the development of the Airport. These options have been reviewed against existing and anticipated site and legislative constraints and tested against several different growth scenarios. The outcome of this process produced the ‘preferred option’ which was detailed in the Draft Master Plan.

The Draft Master Plan went through a thorough stakeholder consultation process including a 28-day public exhibition and ‘Have Your Say’. The Draft Master Plan was further refined based on the feedback received and this has been incorporated in the Final Master Plan 2043 document.

The master planning process and information gathering has had much consultation over several years, has gone through various iterations and amendments to reach this point and now requires councillors to adopt the Master Plan to allow progress to continue with the development and planning for the airport into the future.

Options for Council are:

1. Accept the staff recommendation and adopt the Master Plan 2043

2. Reject the staff recommendation to adopt the proposed Master Plan 2043 and continue with the current adopted but outdated 2013 - 2033 Master Plan and retain the risks outlined further below.

Community and Stakeholder Engagement

The Australian Airports Association’s (AAA) Airport Practice Note 4 Regional Airport Master Planning Guideline provides guidance for stakeholder consultation and engagement. The consultation process included targeted consultation with key stakeholders and broader consultation with the wider community.

Engagement undertaken

Key stakeholder groups were identified as part of the initial project planning. A range of consultation approaches have been adopted depending on the nature of each stakeholder group. These have included meetings with stakeholders and public exhibition with formal submissions. In particular, the process has involved:

· Consultation regarding the vision for the airport and future direction of how it will function, through Council’s ‘Have Your Say’ online portal in April 2023. This process sought community input on the draft vision statement and supporting principles through the portal, as well as consulting with key stakeholders within Council and elected representatives. The ‘Have Your Say’ forum also canvassed the community on airport usage habits, user preferences, satisfaction levels and suggestions for improvements.

· Stakeholder meetings with a range of airport users on key facility requirements, and email correspondence with specific user groups from April to September 2023. This process comprised asking specific users and stakeholders about their current and projected use.

· Consultation on preliminary development concepts between October 2023 and January 2024.

· Public exhibition and formal feedback, through Council’s ‘Have Your Say’ online portal, on the draft Merimbula Airport Master Plan 2023-2043 during February/March 2024.

A comprehensive overview of the engagement process that has been undertaken as well as the findings and response to submissions is included as an annexure to the Master Plan document.

Engagement planned

For delivery of each element of the Master Plan 2043 there will be different requirements for community engagement. The level of engagement for each project will be tailored according to the scale, nature and probable impact the project is likely to have. This will be conducted in accordance with Council’s Community Engagement Strategy.

Financial and Resource Considerations

The development of the Master Plan has been achievable through the NSW Government’s Regional NSW – Business Case and Strategy Development Fund.

As there is no internal Airport Development Fund, Council will need to continue to advocate and apply to external funding bodies in order to deliver each element in the Master Plan 2043. Implementation of the 2013-2033 Master Plan occurred primarily via successful applications to the NSW and Commonwealth Governments.

Many of the projects identified in the 2013-2033 Master Plan have already been included in Council’s current Long Term Financial Plan (LTFP). Upon adoption of this Master Plan these projects will be updated to reflect the changes that have been identified through the development of this new plan.

Legal /Policy

Airport master plans should be reviewed periodically and updated where needed in order to ensure currency with the Civil Aviation Regulations (CAR), the Civil Aviation Safety Regulations (CASRs), the Civil Aviation Orders (CAO) and the Manual of Standards (MoS).

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

This Master Plan has been developed in accordance with Council’s Community Strategic Plan 2042. Relevant strategic goals and objectives include:

· Goal 3 - Our economy is prosperous, diverse and supported by innovative and creative businesses.

· Strategy 6 - Collaborate with relevant parties to develop and enhance the economic opportunities provided by the development of the Port of Eden, Merimbula Airport, East West freight corridor, and tourism services and facilities.

· Goal 9 - We have opportunities to work, learn and socialise through the provision of affordable public transport and telecommunications services.

· Strategy 22 - Collaborate with relevant parties to grow the passenger numbers through Merimbula Airport.

Environment and Climate Change

The Master Plan has been developed considering the environmental context of the site. This has included reviews of ecology, biodiversity and aboriginal heritage of surrounding Merimbula Lake and coastal strip in which the airport is situated.

The preferred development option has also been assessed against the anticipated impacts of Climate Change and sea level rise.

Economic

The airport generates a significant number of direct and indirect jobs. Regular and reliable transport from Sydney and Melbourne will continue to provide benefits to the local economy.

Risk

Risk has been assessed using Council’s Enterprise Risk Management Matrix, and on the basis of two options:

a) Adopt the Merimbula Airport Master Plan 2043; or

b) Continue with the 2013-2033 Master Plan

The table below gives a short comparative synopsis of the options:

Option	Adopt and implement revised (2043) Master Plan	Continue with current Master Plan (to the extent that is possible)
Details	Key items of the Master Plan include: · Improve the car parking, vehicle circulation and bus access · Complete the runway starter extensions · Add the apron parking bays · Extend the terminal · Add the additional itinerant GA parking area and additional taxiway to the runway.	Key items of the Master Plan include: · Complete the runway starter extensions · Add some extra main apron parking bays and some GA parking around the main apron · Extend the terminal – to the maximum extent possible.
Regulatory Case	Adopting the Master Plan will mean that Council has met its obligations under the National Airport Safeguarding Framework guidelines by implementing AAA practice note 4.	Council will operate under an out-of-date plan and that does not address additional constraints identified since the plan was formulated and does not align to industry practice. Council will not meet NASF safeguarding requirements.
Economic Case	Implementing the Master Plan increases the likelihood of realising significant economic benefits including. · Increased tourism spending · Increased revenue from landing and passenger fees · Increased revenue from carpark fees (to offset improved on ground parking).	Significant economic benefit will not be realised and there is a risk that the RPT business will lose confidence in the airport’s capability to provide the infrastructure to make their operations commercially viable.
Strategic Case	Implementing the Master Plan will provide a coherent, stageable and orderly approach to infrastructure delivery timed to promote and align with the regions airport needs.	Continuing without updating the 2033 Master Plan will mean there is a high risk that new development (other than the key items) is positioned inappropriately without a guiding framework and could produce counterproductive outcomes.
Option	Adopt and implement revised (2043) Master Plan	Continue with current Master Plan (to the extent that is possible)
Commercial Case	The Master Plan is likely to generate economies of scale and associated revenue that will markedly improve the long-term commercial sustainability of the airport and contribute to asset renewal costs (to meet co-funding requirements from state and federal governments).	No opportunity to markedly increase operational revenue to offset operation and asset renewal costs, leaving a residual cost load on ratepayers (to meet co-funding requirements from state and federal governments).

The following tables demonstrate the risk rating applied noting that there are risks associated with both options however it is riskier to maintain the current situation rather than move forward with the new Master Plan.

Adopt and Implement (2043) Master Plan

Risk

Pre Mitigation

Mitigation

Post Mitigation

Likelihood

Consequence

Rating

Likelihood

Consequence

Rating

Risk that economic growth does not match capital outlay

Possible

(3)

Catastrophic

(5)

High

(22)

Implement infrastructure in stages based on triggers.

Seek external grant funding.

Unlikely

(2)

Major

(4)

Medium

(14)

Projects do not meet timelines and budgets

Likely

(4)

Catastrophic

(5)

Very High (24)

Ensure full budgeting for funds and timing from concept stage onwards

Implement industry standard practices for time and cost management

Ensure adequate contingency amounts are included in budgets

Ensure project team is skilled and qualified commensurate to the project

Possible

(3)

Major

(4)

High

(18)

General aviation community does not believe it has been heard

Almost certain

(5)

Major (reputational)

(4)

Very High

(23)

Provide responses to the HYS in the submissions report, including addressing GA concerns where possible without compromising the endorsed vision for the MP 2043

Almost certain

(5)

Moderate (reputational)

(3)

High

(20)

Continue with 2033 Master Plan (to the extent that is possible)
Risk of major injury or death from airport passenger being hit by vehicle crossing east to west on Arthur Kaine Drive from bus stop or car park	Possible (3)	Catastrophic (5)	High (22)	Implement 50km/hr speed zone Introduce traffic calming measure Install pedestrian refuge island	Unlikely (2)	Catastrophic (5)	High (19)
Strategic: Reputational and cost risk of site development occurring in locations found to be inappropriate in future	Almost Certain (5)	Major (4)	Very High (23)	Very difficult to mitigate Ad-hoc master planning as the airport site is developed	Likely (4)	Major (4)	High (21)
Safeguarding: Risk of inadequate safeguarding of neighbouring development and risk of inadequate safeguarding due to neighbouring development	Almost Certain (5)	Major (4)	Very High (23)	Develop an as yet unidentified alternative means by which to identify and include provisions in the LEP	Likely (4)	Major (4)	High (21)
Economic: Risk of impeding the regional economic growth	Almost Certain (5)	Catastrophic (5)	Very High (25)	Very difficult to mitigate. Could be partially mitigated by fully implementing two more RPT parking bays and aeromedical parking bay in current apron location	Almost Certain (5)	Catastrophic (5)	Very High (25)
Cost/ Environment: Risk that developing far southern zone attracts additional expenditure for environmental offsets	Almost Certain (5)	Catastrophic (5)	Very High (25)	Do not develop in southern area	Rare (1)	Insignificant (1)	Low (1)
Risk of delay to inbound aeromedical flight (for outbound patient) landing due to all main apron bays being occupied by airline aircraft	Likely (4)	Catastrophic (5)	Very High (24)	Very difficult to mitigate due to the urgent unscheduled nature of aeromedical flights. Some mitigation via higher level of monitoring of aeromedical flights, but this may not be enough to free up the occupied apron parking bays, especially if they contain aircraft requiring repair.	Likely (4)	Catastrophic (5)	Very High (24)
Commercial: Risk of not generating economies of scale and additional revenue	Almost Certain (5)	Catastrophic (5)	Very High (25)	Apply for external grants for asset renewal (such as runway pavement lifecycle)	Almost Certain (5)	Major (4)	Very High (23)
Risk of major reputational damage to Council’s capability to delivery on its strategic planning documents includes Community Strategic Plan	Almost Certain (5)	Catastrophic (5)	Very High (25)	Very difficult to mitigate	Almost Certain (5)	Catastrophic (5)	Very High (25)
Projects do not meet timelines and budgets	Likely (4)	Catastrophic (5)	Very High (24)	Ensure full budgeting for funds and timing from concept stage onwards Implement industry standard practices for time and cost management Ensure adequate contingency amounts are included in budgets Ensure project team is skilled and qualified commensurate to the project	Possible (3)	Major (4)	High (18)
General aviation community does not believe it has been heard (noting the extent to which the remaining portions of the 2033 that can be implemented can be anticipated to bring satisfaction to the GA community.)	Almost certain (5)	Major reputational (4)	Very High (23)	Prioritise the GA over the RPT per submissions in the Have Your Say survey	Almost certain (5)	Catastrophic (financially to community) (5)	Ver High (25)

Continue with 2033 Master Plan (to the extent that is possible)

Risk

Pre Mitigation

Mitigation

Post Mitigation

Likelihood

Consequence

Rating

Likelihood

Consequence

Rating

Risk of major injury or death from airport passenger being hit by vehicle crossing east to west on Arthur Kaine Drive from bus stop or car park

Possible

(3)

Catastrophic

(5)

High

(22)

Implement 50km/hr speed zone

Introduce traffic calming measure

Install pedestrian refuge island

Unlikely

(2)

Catastrophic

(5)

High

(19)

Strategic: Reputational and cost risk of site development occurring in locations found to be inappropriate in future

Almost Certain (5)

Major

(4)

Very High

(23)

Very difficult to mitigate

Ad-hoc master planning as the airport site is developed

Likely

(4)

Major

(4)

High

(21)

Safeguarding: Risk of inadequate safeguarding of neighbouring development and risk of inadequate safeguarding due to neighbouring development

Almost Certain

(5)

Major

(4)

Very High

(23)

Develop an as yet unidentified alternative means by which to identify and include provisions in the LEP

Likely

(4)

Major

(4)

High

(21)

Economic: Risk of impeding the regional economic growth

Almost Certain

(5)

Catastrophic

(5)

Very High

(25)

Very difficult to mitigate.

Could be partially mitigated by fully implementing two more RPT parking bays and aeromedical parking bay in current apron location

Almost Certain

(5)

Catastrophic

(5)

Very High

(25)

Cost/ Environment:

Risk that developing far southern zone attracts additional expenditure for environmental offsets

Almost Certain

(5)

Catastrophic

(5)

Very High

(25)

Do not develop in southern area

Rare

(1)

Insignificant

(1)

Low

(1)

Risk of delay to inbound aeromedical flight (for outbound patient) landing due to all main apron bays being occupied by airline aircraft

Likely

(4)

Catastrophic

(5)

Very High

(24)

Very difficult to mitigate due to the urgent unscheduled nature of aeromedical flights. Some mitigation via higher level of monitoring of aeromedical flights, but this may not be enough to free up the occupied apron parking bays, especially if they contain aircraft requiring repair.

Likely

(4)

Catastrophic

(5)

Very High

(24)

Commercial: Risk of not generating economies of scale and additional revenue

Almost Certain

(5)

Catastrophic

(5)

Very High

(25)

Apply for external grants for asset renewal (such as runway pavement lifecycle)

Almost Certain

(5)

Major

(4)

Very High

(23)

Risk of major reputational damage to Council’s capability to delivery on its strategic planning documents includes Community Strategic Plan

Almost Certain

(5)

Catastrophic

(5)

Very High

(25)

Very difficult to mitigate

Almost Certain

(5)

Catastrophic

(5)

Very High

(25)

Projects do not meet timelines and budgets

Likely

(4)

Catastrophic

(5)

Very High

(24)

Ensure full budgeting for funds and timing from concept stage onwards

Implement industry standard practices for time and cost management

Ensure adequate contingency amounts are included in budgets

Ensure project team is skilled and qualified commensurate to the project

Possible

(3)

Major

(4)

High

(18)

General aviation community does not believe it has been heard (noting the extent to which the remaining portions of the 2033 that can be implemented can be anticipated to bring satisfaction to the GA community.)

Almost certain

(5)

Major reputational

(4)

Very High (23)

Prioritise the GA over the RPT per submissions in the Have Your Say survey

Almost certain

(5)

Catastrophic (financially to community)

(5)

Ver High (25)

Do not adopt the Merimbula Airport Master Plan 2043.

The risks in not accepting the Master Plan 2043 are further articulated below. They are premised on the terminal being able to be extended when security screening places pressure on the existing capacity; the approved runway starter extensions being implemented; improvements to the existing car parking being made; and the noise contours being included in the LEP (ie there will still be some infrastructure improvement and some improvement to the LEP).

· The second airline loses interest in Merimbula because:

o it cannot be certain of apron space availability at the time of arrival, and limits on aircraft beyond the Dash8 / Q400 size due to the size of the apron

o the barely adequate capacity of the terminal’s screened passenger area impacting on the efficiency of the turnaround of Dash8 / Q400 and larger aircraft. (It may be possible to partially extend the terminal - but it is unlikely to be able to service multiple aircraft with multiple destinations. Further if the remaining extension takes place at a later point, the ultimate cost will be a much less cost-effective method of delivering the terminal expansion (possibly circa 50% premium).

· Continuing possibility of other key aircraft (mainly aeromedical), and other aircraft (visiting private jet aircraft, Defence and other Commonwealth Government aircraft) circling whilst waiting for an apron parking space.

· Restricted apron parking options limit growth of RPT

· Insufficient parking and increasing traffic congestion.

A range of planning documents (including those listed below) emphasise the importance of improving the airport infrastructure to deliver benefits to the region. If the new Master Plan is not implemented, those benefits are almost certain not to occur.

· Community Strategic Plan 2042

· Local Strategic Planning Statement 2040

· Climate Resilience Strategy 2050

· Commercial Land Strategy 2040

· Disability Inclusion Action Plan 2021-2025

· Far South Coast Regional Economic Development Strategy 2023 Update (NSW Government)

· Canberra Region Economic Development Strategy 2022 (Canberra Regional Joint Organisation of Councils, ACT, NSW Government)

· Far South Coast Strategic Regional Plan 2022-2027 (Regional Development Australia)

· South East and Tablelands Regional Plan 2036 (NSW Government)

Social / Cultural

The Master Plan ensures that future generations will have a fit for purpose and legislatively compliant airport, that supports their economic and social well-being.

The airport provides important transport links to Sydney and Melbourne. Delivery of the Master Plan will ensure that the airport will keep pace with the changing aviation needs of the community and further enhance social and cultural benefits.

Attachments

1 ⇩. Merimbula airport masterplan 2043 v1.2

2 ⇩. Merimbula Airport 2043 Master Plan supporting documents

Council 12 June 2024

Item 9.2

9.2. Public Exhibition of the Draft Active Transport Strategy

This report seeks Council’s support for the public exhibition of the Draft Bega Active Transport strategy.

Director Assets and Operations

Officer’s Recommendation

1. That Council resolve to publicly exhibit the Draft Active Transport Strategy tabled at the 12 June 2024 Council meeting immediately following the Councillor workshop on 19 June 2024 for a period of not less than 21 days.

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

Executive Summary

Council received a grant from the Transport for NSW “Get NSW Active” program 2022/23 to deliver an Active Transport Strategy. The purpose of the Active Transport Strategy is to set out the vision and the high-level directions for active transport in the Shire for the coming decade and provide a reference point for Council policy and infrastructure decisions and will be complemented by a prioritised action plan with identified funding streams.

This report seeks endorsement from Council to publicly exhibit the Draft Active Transport Strategy for a minimum of 21 days.

Background

In 2012, Bega Valley Shire Council (BVSC) received state funding to develop a Shire-wide Bike Plan, intended to communicate the direction of cycling in the Shire and responsively plan and manage cycling assets and associated infrastructure. This Plan was adopted in 2014 but with the evolution and development of Council’s strategic plans and visions is now no longer in alignment; in addition, Council has recognised the needs to consider active transport more broadly, including walking and developing trends in micro-mobility, as part of its goal to develop healthier, safer, and more sustainable communities.

To this end, Council has engaged PSA Consulting to assist in developing a Shire-wide Active Transport Strategy that will shape Council’s strategic active transport agenda over the next 7 years, supporting and promoting active transport as healthy, safe, fun, and a practical choice for transport and recreation.

Due to timing constraints, a final draft of the strategy from the consultant was not able to be attached to the business paper at the time of publishing. To allow adequate time for public exhibition and final adoption by Council prior to entering the caretaker period ahead of the September Council election it is imperative to place the draft strategy on exhibition.

Options

Options available to Council are to:

1. Place the Draft Active Transport Strategy on public exhibition for a period of not less than 21 days following its council workshop. 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 strategy. This is the recommended option.

2. Do not place the Draft Active Transport Strategy on public exhibition following Council workshop and continue to refine it prior to public comment. This jeopardises having a priority list of projects for grant funding application early in the next financial year and is not recommended.

Community and Stakeholder Engagement

Engagement undertaken

On the project to date, stakeholder engagement has consisted of a series of community workshops and the development and distribution of an online survey. The purposes of these engagement activities are summarised below.

In addition to the activities outlined below, the project team also received a number of direct emails and letters from residents regarding a variety of specific active transport issues within the shire. These were reviewed and will be considered when formulating the final strategy document.

An online survey was available on BVSC’s Have Your Say website from 14 November to 14 December 2023. This survey was designed to gather information on how people travel in Bega Valley Shire, and what key values residents hold for future active transport infrastructure. The survey received a total of 254 responses.

In addition to the main online survey, an optional map-based survey was available to complete. This survey allowed participants to drop a pin on a point and specify the type of issue they were reporting. In total, it received 34 responses.

The following pop-up workshops were held in November of 2023 to inform the development of the Active Transport Strategy:

• Merimbula - Monday 27 November

• Bermagui - Tuesday 28 November

• Bega - Tuesday 28 November

• Eden - Wednesday 29 November

These workshops were attended by an estimated 40-50 people covering a wide range of Bega Valley residents. Attendees were encouraged to markup sets of maps showing each of the population centres and identify any issues or opportunities.

Engagement planned

A councillor workshop for the presentation of the Active Transport Strategy has been confirmed for the Wednesday 19 June 2024.

This report seeks endorsement from Council to publicly exhibit the Draft Active Transport Strategy immediately following the workshop for a minimum of 21 days, final consultation associated with the draft strategy public exhibition will be completed through the Have Your Say process and will be shared via Council’s newsletter and a media release.

Information about the exhibition of the draft strategy will also be shared through social media. Members of the community will be encouraged to provide feedback through Council’s ‘Have Your Say’ page.

Financial and Resource Considerations

The project is wholly funded by a $110,000 grant Transport for NSW “Get NSW Active program 2022/23. Council’s contribution to the project is by way of specialist staff effort and provision of available data and existing technical studies.

Legal /Policy

There are no legal or policy considerations based on the recommendations of this report.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

The draft Active Transport Strategy achieves the objectives of the Bega Valley Community Strategic Plan 2042.

The draft Active Transport Strategy is based on the following resilience outcomes of liveable and connected places:

• Pedestrian friendly town layouts

• Reduction in vehicle reliance

The draft Active Transport Strategy achieves the objectives of the Transport for NSW Active Transport strategy, this strategy sets out focus areas, targets and actions for active transport in NSW with the goal of doubling active transport trips in the state by 2042. It has five goals:

• Enable 15-minute neighbourhoods

• Deliver connected and continuous cycling networks

• Provide safer and better precincts and main streets

• Promote walking and riding and encourage behaviour change

• Support our partners and accelerate change

Transport for NSW Active Transport strategy acknowledges that active transport may not be the most viable option for people in regional areas but also recognises potential within towns to encourage more cycling trips, particularly for trips to work. It aims to provide more accessible streets and footpaths for people with disabilities or older people. Transport for NSW Active Transport strategy also aims to double the number of children walking or riding to school in major centres in the Six Cities Region. However, it also states that “In new neighbourhoods, a network of safe walking and cycling routes and low-speed zones, should reach across each school’s catchment from its day of opening.” This may be applicable to new developments in the Bega Valley Shire, such as in South Pambula.

The draft Active Transport Strategy is consistent with the directions of the South East and Tablelands Regional Plan 2036 and Draft South East and Tablelands Regional Plan 2041.

NSW Department of Planning and Environment’s Draft South East and Tablelands Regional Plan 2041 is the land use framework for the South East Tablelands Region, including the Bega Valley Shire, with presents different themes for planning in the area. The theme of supporting a connected and active region, including the objective Plan for Walkable Centres. This objective encourages the consideration of land use, transport and parking spaces to create walkable and attractive centres, with the strategy of applying a movement and place approach. It also sets a strategy to prioritise walking and cycling in areas around schools, health services, aged care facilities, sporting, cultural and recreational facilities, and employment areas.

Environment and Climate Change

The project aims to help achieve a resilient shire by planning for growth in a way that protects our natural systems and creates liveable and connected places. Active transport, through mode share shift to walking and cycling, reduces greenhouse gas emissions, decreases air and noise pollution, conserves energy, limits land use, enhances climate resilience, and promotes public health, social equity, and community engagement.

Economic

Active Transport links contribute to great places, cleaner local environments, and healthier lifestyles, they also provide economic benefits, through tourism and commuter use.

Risk

The draft Active Transport Strategy will reduce risk by ensuring future active transport routes in the area are strategically well planned, connected, adequately serviced, resilient and affordable.

Social / Cultural

The draft Active Transport Strategy has included actions that incorporates early consideration and delivery of safe, integrated, reliable, accessible, and connected walking and cycling infrastructure that will enhance the local environment, help drive behavioural change and achieve a sustained uptake in mode share of walking and cycling.

Attachments

Nil

Council 12 June 2024

Item 10.1

10.1. Notice to the Minister of Council's employed native title managers

A resolution of Council is required to give notice to the Minister of the name and contact details of Council’s engaged or employed native title managers.

Director Business & Governance

Officer’s Recommendation

1. That Council receive and note the report.

2. That Council hereby resolve and give notice to the Minister of the names and contact details of Council’s engaged or employed native title managers contained in the report. The notification is in accordance with requirements of Section 8.8 of the Crown Land Management Act 2016 (NSW).

Executive Summary

Council is required to give notice to the Minister of the name and contact details of Council’s engaged or employed native title managers by 31 October each year.

Section 377(1)(s) of the Local Government Act 1993 (NSW) (LG Act) states that the making of an application, or the giving of a notice, to the Governor or Minister is a non-delegable function meaning a resolution of Council is required for such purposes.

Background

The practice of managing Crown Land in the shire has changed significantly because of the Crown Land Management Act 2016 (NSW) (CLM Act) which came into force on 1 July 2018. To comply with the requirements of the CLM Act, Council is required to engage or employ at least one qualified native title manager. Pursuant to Section 8.7 of the CLM Act written advice from a native title manager must be obtained for any dealing by Council on Crown Land to ensure those dealings can be validated under Native Title Act 1993 (Cth) (NT Act).

A native title manager is a person who has obtained the necessary qualification after completing the approved training facilitated by NSW Department of Planning and Environment. Council officers Rickee Marshall and Rob Quick attended training on 17 November 2017, Brooke Kemp attended training on 13 July 2022 and Natasha Bruun and Peter Fragopoulos attended training on 29 and 30 June 2023. These staff have therefore attained the native title manager qualification for the purposes of the CLM Act.

Options

There are no options for Council to consider in relation to this report as Council is required to give notice to the Minister of the name and contact details of Council’s engaged or employed native title managers each year under section 8.8 of the CLM Act.

Community and Stakeholder Engagement

Engagement undertaken

From time-to-time Council engages the services of Craig Barnes from Landsas to assist in navigating the complexities of dealing with land where native title applies.

Craig Barnes is a native title manager under the CLM Act and assists Council on the following:

· Assesses whether native title has been extinguished over land Council owns or manages.

· Provides advice as a native title manager and legal advice in relation to native title.

· Determines the appropriate future act to allow an activity to be validly undertaken on land subject to native title.

Engagement planned

Once a Council resolution has been passed Council officers will notify Crown Lands of the nominated native title managers, as required each year under section 8.8 of the CLM Act by no later than 31 October 2024.

Financial and Resource Considerations

No financial implications relating to this responsibility have been identified at this stage. It should be noted that all five staff currently have full time roles within Council and the designation of native title manager is a role in addition to their current workload.

Legal /Policy

Council must employ or engage at least one native title manager to ensure dealings with land comply with any applicable provisions of the NT Act. Section 8.8 of the CLM Act requires each Council to give notice to the Minister of the name and contact details of any person the Council has engaged or employed as a native title manager. The notice must be given by 31 October of each year.

Section 377(1) of the LG Act states that the giving of a notice to the Governor or Minister is a non-delegable function meaning a Resolution of Council is required.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

Providing notice to the Minister of the name and contact details of Council’s engaged or employed native title managers, as required, under section 8.8 of the CLM Act aligns with the requirements under Council’s Delivery Program 2022-2025 and Operational Plan 2023-2024 to manage Council’s property portfolio and meet statutory obligations.

Delivery Program 2022-25: E5.5 - Develop and manage Council’s owned and managed land portfolio.

Environment and Climate Change

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

Economic

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

Risk

Council will not be complying with the provisions of the CLM Act if it does not formally nominate its engaged or employed native title managers to the Minister prior to 31 October each year.

Social / Cultural

There are no social or cultural matters associated with the recommendations of this report.

Attachments

1 ⇩. Native Title Manager FAQ

2 ⇩. Native Title Manager Qualification - Rickee Marshall

3 ⇩. Native Title Manager Qualification - Robert Quick

4 ⇩. Native Title Manager Qualification - Brooke Kemp

5 ⇩. Native Title Manager Qualification - Natasha Bruun

6 ⇩. Native Title Manager Qualification - Peter Fragopoulos

Council 12 June 2024

Item 10.2

10.2. Acquisition of land for road widening - Main Road 91

Council approval is being sought to formalise an acquisition of private land for road purposes on Mount Darragh Road to rectify encroachments that have been identified by a private landowner.

Director Business & Governance

Officer’s Recommendation

1. That Council enter into a formal Deed of Agreement with the proprietor of Cobandrah Pty Ltd for the acquisition of part Lots 14, 15 and 16 DP 32269 and Lot 14 DP 750242 shown as lots 1, 2, 3, 4, 5, 6 and 7 on the draft plan attached to the Council report dated 12 June 2024, for the purpose of public road pursuant to section 177 of the Roads Act 1993 (NSW).

2. That Council dedicates unnecessary road shown as lots 11, 12 and 13 on the draft plan attached to the Council report dated 12 June 2024 to the proprietor of Cobandrah Pty Ltd to offset part of the compensation associated with the acquisition of land for road realignment purposes.

3. That compensation payable to the proprietor of Cobandrah Pty Ltd be a total sum of $36,512.77 being the difference in value of the lots being acquired less the value of the lots being transferred as determined by a registered surveyor.

4. That it be noted Council intends to dedicate the land, as referred to in recommendation 1 above, in the NSW Government Gazette as a public road under Section 10 of the Roads Act 1993 (NSW) upon acquisition.

5. That the Chief Executive Officer and Mayor be delegated authority to execute the necessary documents as required.

Executive Summary

This report seeks Council approval to rectify road alignment encroachments on Mount Darragh Road that affect private land parcels and undertake an acquisition process to ensure public access is maintained.

Background

Council resolved, at its Ordinary Meeting of 16 November 2022, when considering an acquisition in relation to the road widening of Main Road 91 carried out by the former Imlay Shire Council in the 1980s as follows:

1. That Council note Crown Lands do not support the acquisition of the following land parcels for nil compensation and no further action be taken regarding the acquisition of these land parcels:

• Lots 47, 48, 49, 51, 53, 54, 55, 56 and 57 DP 1114462 held by the State of NSW and dedicated as State Forest

• Lots 1, 10, 11, 12, 13, 14, 15, 16 and 17 DP 1109104 held by the State of NSW

• Lots 8, 18, 19, 20, 21, 22, 23, 25, 26 and 46 DP 1109104 held by the State of NSW and dedicated as State Forest.

2. That Council enter into a formal Deed of Agreement with the proprietor of Cobandrah Pty Ltd for the acquisition of part Lots 14, 15 and 16 DP 32269 and Lot 14 DP 750242 on Mount Darragh Road, for the purpose of a public road pursuant to section 177 of the Roads Act 1993 (NSW) for a compensation amount to be determined by a registered Valuer.

3. That it be noted Council intends to dedicate the land, as referred to in recommendation 2 above, in the NSW Government Gazette as a public road under Section 10 of the Roads Act 1993 (NSW) upon acquisition.

4. That the Chief Executive Officer and Mayor be delegated authority to execute the necessary documents as required.

Following the resolution of Council, officers engaged a surveyor to prepare a formal plan to progress the acquisition of private land referred to above for the required road widening. A copy of the draft plan of land to be acquired for the purposes of the Roads Act 1993 (NSW) (Roads Act) is attached for the information of councillors.

The lots proposed to be acquired for road purposes are shown as lots 1, 2, 3, 4, 5, 6 and 7 on the plan. Lots 11, 12 and 13 are unnecessary road that may be disposed of to the adjoining landowners. The remaining lots 8, 9 and 10 are residue lots. That is, they are the lots that have been impacted by the proposed acquisition. Lot 8 being residue of Lot 14 DP 750242, Lot 9 being residue of Lot 14 DP 32269 and Lot 10 being residue of Lot 16 DP 32269 which are all owned by Cobandrah Pty Ltd so will remain in their ownership.

The intention is to transfer lots 11, 12 and 13 to the adjoining landowner, Cobandrah Pty Ltd with the compensation being the difference of the value of the lots being acquired less the value of the lots being transferred.

Options

The options available to Council are:

1. Proceed with the acquisition and transfer of land for road widening purposes as recommended in this report to ensure the encroachments on Mount Darragh Road onto private land are rectified. Recommended.

2. Not proceed with the acquisition and transfer of private land to rectify the road encroachments. Not recommended as this option may result in the landowner fencing their land along the surveyed boundary which would impact use of Mount Darragh Road by the public.

Community and Stakeholder Engagement

Engagement undertaken

Since the resolution of Council on 16 November 2022 Council officers have been liaising with the landowner, surveyor, valuer and legal representatives regarding the matter.

Engagement planned

Council officers will continue to consult with the landowner and legal representatives to action the resolution of Council.

Financial and Resource Considerations

In relation to the lots being acquired for road purposes, the Council report dated 16 November 2022 provides that the compensation payable to the landowner will be determined by a registered valuer before entering into the Deed of Agreement with the landowner. As such a formal valuation has been obtained from Walsh and Monaghan Valuers which determines compensation as follows:

Lot 1 - 7 = $42,120.17

Lot 11 - 13 = $5,607.40

Total compensation payable to the landowner = $36,512.77

Council from time to time undertakes permanent road closures as required under the Roads Act. The legislation states that money received by a Council from the proceeds of sale of closed road is not to be used by the Council except for acquiring land for public roads or for carrying out road work on public roads. As a result, all road closure funds are held in a reserve for this purpose and are funding the costs associated with rectifying this historical road alignment issue.

Legal /Policy

Council officers intend to progress the acquisition and transfer of unnecessary road via agreement with the landowner rather than compulsory acquisition under the Land Acquisition (Just Terms Compensation) Act 1991 (NSW). The landowner has written to Council requesting Council rectify the road encroachments so Council legal representatives will be engaged to facilitate consideration of the acquisition and transfer process.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

Community Strategic Plan (CSP) objective: Our public and private infrastructure and community services meet community needs:

· D.1 Plan for community infrastructure and services that will meet current and future needs.

· The private land parcels are included in Council’s Rural Residential Strategy.

· As outlined in Council’s Delivery Program 2022-25 and Operational Plan 2023-24 the acquisition and disposal of land and easements, road closures and road openings are core activity for the property and legal team.

Environment and Climate Change

As outlined in the attached Council report due to the topography of the shire and the historical nature of the road network it is not uncommon for physical road formations to sit outside dedicated road corridors. As the cadastral layer in the mapping database can shift, without formal survey work, the percentage of the road network set outside dedicated road reserves cannot be quantified.

Due to the risks associated with road formation being on private property, if survey evidence is provided to Council by a landowner there is an obligation to rectify the encroachment. Council officers review these matters on a case-by-case basis taking into consideration all options. In most cases it is more financially viable and least disruptive to pursue an acquisition of land for road widening as opposed to reconstructing the physical road where it was originally intended.

Economic

There are no additional economic matters associated with this report that are not already addressed in this report.

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 community's view if Council does not pursue this acquisition and public access is restricted.

· Financial Sustainability - financial risk in relation to other encroachments issues on Mount Darragh Road that may come to light because of this process.

· Assets and Infrastructure – Maintaining Council assets is a core function that Council cannot avoid, including the continuation of access for the community on the shire’s road network.

Social / Cultural

As outlined in the attached report from 16 November 2022 the private land parcels are included in Council’s Rural Residential Strategy as land suitable for consideration for rural residential use. The Rural Residential Strategy addresses the future need for housing and provides direction on how and where residential growth will occur to support the growing population, ageing community, and changes in household structures.

Attachments

1 ⇩. Council report dated 16 November 2022 - Road alignment rectification - Mount Darragh Road

2 ⇩. Draft Plan of land to be acquired for the purposes of the Roads Act MR 91

3 . Walsh and Monaghan valuation report for acquisition for road realignment on Mount Darragh Road, Lochiel (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). This meets the requirements of Sect 10 D of the Local Government Act 1993 if Council were to close the meeting to discuss.

Council 12 June 2024

Item 10.3

10.3. Classification of land at Tathra

This report seeks approval to commence a public notification process to classify Council owned land that was acquired as operational land under the Local Government Act 1993 (NSW).

Director Business & Governance

Officer’s Recommendation

1. That Council gives notice of its intention to classify Lot 1 DP 1282458 at Tathra as operational land under section 34 of the Local Government Act 1993 (NSW).

2. That Council notes no further action will be taken regarding compulsory acquisition of the proposed easement for right of access within Lot 7010 DP 1071330.

Executive Summary

A Council resolution is being sought to commence the public notification process required under section 34 of the Local Government Act 1993 (NSW) (LG Act) to classify Lot 1 DP 1282458 at Tathra as operational land.

The report also seeks approval to cease action regarding the compulsory acquisition of the proposed easement for right of access within Lot 7010 DP 1071330, being a Council managed Crown reserve.

Background

When considering the acquisition of land to guarantee ongoing access to Council’s sewerage infrastructure, Council resolved at its Ordinary Meeting of 13 June 2018 as follows:

1. That Council makes an application to the Minister and/or Governor for approval to compulsorily acquire Lot 1 DP 1241032 being a 65.8m2 section of Lot 31 DP 600836 from Walhara Pty Ltd for a value of $22,240.00, by compulsory process in accordance with the Land acquisition (Just Terms Compensation) Act 1991 (NSW) and under section 186 of the Local Government Act 1993 (NSW).

2. That Council makes an application to the Minister and/or Governor for approval to compulsorily acquire the proposed easement for right of access 5m wide and variable `width designated as (A) in the registered deposited plan 1223026 within Lot 7010 DP 1071330 for the purpose of accessing the Sewer Pump Station at Tathra in accordance with the Land Acquisition (Just Terms Compensation) Act 1991 (NSW) and under section 186 of the Local Government Act 1993 (NSW).

3. That minerals are to be excluded from this acquisition.

4. That this acquisition is not for the purposes of resale.

5. That the General Manager and Mayor be delegated authority to make the application to the Minister for Local Government and/or Governor for acquisition of the interest in the above mentioned land by compulsory process under section 186 of the Local Government Act 1993 (NSW).

Following the resolution of Council, Officers progressed the compulsory acquisition of land with compensation paid to the adjoining landowner on 19 June 2020 in accordance with the Valuer Generals notice of determination (attached).

As detailed in the report of 13 June 2018 the plan of acquisition DP 1241032 was registered on 16 March 2018 noting the intention to acquire lot 1. A plan of subdivision was later registered on 4 July 2019 at NSW Land Registry Services (NSW LRS) by the adjoining landowner being DP 1254683.

DP 1254683 subdivided Lot 31 DP 600836, which created a new certificate of title for Lot 61 DP 1254683. The gazette to acquire the land was published on 13 March 2020, however this did not enact the acquisition for land that had been subdivided, therefore Council was required to prepare and register a new deposited plan of acquisition over Lot 61 DP 1254683 and publish an erratum to refer to new acquisition plan. This new acquisition plan was registered on 23 March 2022 as DP 1282458 (attached) with Council legal representatives confirming the certificate of title for the 65.8m² portion of land acquired was issued on 14 May 2024 and now requires classification as operational land.

As detailed in the report to Council dated 13 June 2018 (attached) an application to the Minister for approval to compulsorily acquire a proposed easement for right of access to the Sewer Pump Station (SPS) at Tathra was to be made. This has not progressed further due to the Aboriginal Land claim and Native Title claim over the land.

In August 2019 the NSW Aboriginal Land Council (NSW ALC) provided confirmation they had ‘no objection’ to acquisition. This ‘no objection’ response satisfies requirements to proceed with Council’s compulsory acquisition application to the Office of Local Government, however, is not ‘consent’ as consent cannot be provided over land where there is an undetermined land claim. This means that any acquisition conducted during the claim determination period may be subsequently ruled as unlawful, resulting in the easement being removed and possible litigation.

The land is also subject to the blanket Native Title claim over all Crown Land in the shire so if the land is transferred to the Local Aboriginal Land Council they will not be able to deal with the land unless the land is subject to an approved determination of native title (i.e. a native title claim group has made an application that is determined or makes a non-claimant application).

Council is Crown Land Manager of Lot 7010 DP 1071330 and the plan of proposed acquisition of easement for access within Lot 7010 DP 1071330 was registered at NSW LRS on 7 September 2016 noting Council’s intention to acquire. Given Council’s responsibilities to manage Crown land as if it were public land within the meaning of the LG Act, Council’s access requirements over this land will continue as core business under its management. For these reasons it is not considered a good use of community funds to continue to pursue this easement currently.

Council officers have now cleared the road corridor to allow vehicle access to the SPS site completing this matter.

Options

The options available to Council are:

1. Recommended. Commence the public notification process to classify Lot 1 DP 1282458 at Tathra as operational land.

2. Not recommended. Resolve not to commence the public notification process to classify Lot 1 DP 1282458 as operational land. Any land parcels that are acquired and not classified by a resolution within three (3) months, will at the end of the 3-month period be taken to have been classified under a Local Environmental Plan as community land. If the land parcel was to revert to community land, the land may not be used for any purpose other than that for which it was being used immediately before it was acquired.

Community and Stakeholder Engagement

Engagement undertaken

As outlined in the background section of the report Council officers have engaged with surveyors, NSW LRS and legal representatives regarding this compulsory acquisition of Lot 1 DP 1282458 at Tathra which now requires classification as operational land.

Council officer have also held numerous discussions and meeting with adjoining landowners regarding the acquisition and road construction for the purposes of accessing Council’s SPS.

Engagement planned

Section 34 of the LG Act provides that a public notice of such a proposed resolution must be advertised giving 28 days for receipt of public submissions. A further report will be presented to Council after the submission period, noting any submissions received and seeking a final resolution to classify Lot 1 DP 1282458 at Tathra as operational land.

Financial and Resource Considerations

The compulsory acquisition has been funded by the sewer fund, including the payment of compensation to the adjoining landowner, valuation fees to valuers and the NSW Valuer General, survey costs and significant legal fees to date negotiating this matter.

Advertising costs associated with the classification process will be allocated from the adopted sewer fund. There are no ongoing servicing costs associated with the classification of land.

Council officer time has been required to carry out the land acquisition process and further officer time will be required to complete the classification process.

Legal /Policy

Under section 26 of the LG Act, Council land must be classified as either community or operational land. Section 31 of the LG Act provides that a property may be classified within three (3) months of dedication by Council resolution, or it automatically defaults to community land.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

Delivery Program 2022-25:

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

Environment and Climate Change

Environment and Climate Change considerations are not applicable to the classification of land.

Economic

There are no major economic benefits or impacts associated with the classification of land.

Risk

While the land at Lot 1 DP 1282458 at Tathra remains unclassified the land may not be used for any purpose other than that for which it was being used immediately before it was acquired, and Council may not dispose of any interest in the land in the future.

Social / Cultural

There are no relevant social or cultural impacts associated with the classification of land.

Attachments

1 ⇩. Council report dated 13 June 2018 - Compulsory acquisition of land at Tathra for access purposes

2 . Valuer General's Notice of Determination for compulsory acquisition of land at Tathra (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.

3 ⇩. NSW Certificate of Title- Lot 1 DP 1282458

4 ⇩. Deposited Plan 1282458

5 ⇩. Deposited Plan 1223026

Council 12 June 2024

Item 10.4

10.4. Local Government Election

This report outlines the actions taken to prepare for the 2024 Local Government Elections and includes details about the caretaker period leading into the election.

Director Business & Governance

Officer’s Recommendation

1. Note the tracked changes in the attachment ‘Local Government Elections (caretaker period provisions) procedure and adopt the procedure with all tracked changes accepted.

2. Publish the Local Government Elections (caretaker period provisions) procedure on Council’s website.

Executive Summary

This report provides a summary of actions completed in preparation for the 2024 Local Government Election. It also proposes the adoption of the Local Government Elections (caretaker provisions) procedure for Bega Valley Shire Council.

Background

On 15 February 2023, Council resolved to outsource the coordination of the 2024 Local Government Election to the NSW Electoral Commission (NSWEC).

Information about the election can be accessed via Council’s website by visiting the ‘Local Government Elections 2024’ page. Information on this page has been provided by the NSWEC and Office of Local Government (OLG), including:

· key election dates

· information about the nomination process

· the roles and responsibilities of an elected official in local government

· polling and pre-polling venues and dates

· postal voting details

· details about registering for the non-residential-roll

Candidate information session

On 3 June 2024, Council hosted a candidate information session for prospective councillors. The recording is available on Council’s Local Government Elections 2024 webpage.

Nominations for the 2024 election

Nominations for the election open on 5 August 2024 and will close at 12pm on 14 August 2024. All nominations must be received by the nominated Returning Officer being engaged by the NSW Electoral Commission. The Returning Office will be located at 106 Auckland Street, Bega, NSW, 2550.

Caretaker period

Council will go into a caretaker period in the four weeks leading up to the election. The caretaker period ensures major decisions are not made which would limit or bind the actions of an incoming Council during the declared period. The caretaker period commences on 16 August 2024 and concludes at 6pm on 13 September 2024. Further details about the caretaker period are included in procedure 6.01.03 Local Government Elections (caretaker period provisions) attached to this report.

Election day and declaration of results

The election will be held on Saturday 14 September 2024. Information about polling venues is available by visiting the ‘Local Government Elections 2024’ page on the Council website.

The progressive declaration of results is expected to occur between 1-3 October 2024.

Oath of Office and initial council meeting

The newly elected or re-elected officials will receive a welcome and introduction from the CEO on 7 October 2024.

On 9 October 2024, elected councillors will take the Oath of Office, commence an induction program, and attend the first official meeting of the new Council.

One of the first required activities for the newly elected Councillors is to set the preferred days and times for Council meetings and workshops. Meeting dates are currently 2:00pm on every fourth Wednesday of the month. Workshops are held on Wednesdays when there are no Council meetings scheduled. Workshops typically commence at 10:00am.

If changes are proposed to the schedule, the Code of Meeting Practice will be required to be amended and publicly exhibited for 28-days. Making a submission to proposed changes to the Code of Meeting Practice will be available for 42-days.

Options

No options are being presented or recommended as part of this report. Councillors are encouraged to provide feedback on the proposed induction program based on their own experience and knowledge.

Community and Stakeholder Engagement

Engagement undertaken

In preparation for the 2024 election, Council engaged with relevant stakeholders from the NSW Electoral Commission (NSWEC) and the Office of Local Government (OLG). The engagement was undertaken to collaborate on election planning and to help inform the community, currently elected councillors, prospective councillors, and council officers about the election and induction processes.

To help share information, Council established a page on its website. The content is linked directly to the NSWEC and can be accessed by visiting the ‘Local Government Elections 2024’ webpage.

Council officers hosted a candidate information session on 3 June 2024. The session included a presentation from guest speaker, Mr Kenrick Winchester – Mayor of Queanbeyan Palerang Regional Council. Information was also provided to participants about Council’s operations, strategies, and plans, as well as the election process. For more details about the session, please view the ‘Candidate Information Session’ section on the election webpage.

Engagement planned

Council officers will continue to provide information to the community about the upcoming election using the 2024 Local Government Elections page on the Council website. The details included will be linked to the NSWEC website.

Financial and Resource Considerations

The 2024 Local Government Election has been outsourced to the NSW Electoral Commission (NSWEC) and is budgeted for in the 2024 financial year. The election is funded by general fund revenue.

Item	$ Excl GST
Expenditure Detail
Local Government Election contract with NSWEC	$441.562.00
Candidate information session	$3,000.00
Governance in local government training	$12,000.00
Total Expenditure	$456,562.00

Source of Funds
General fund (Local Government Election)

Legal /Policy

The items listed below have been used to inform the Local Government Elections (caretaker provisions) procedure, as well as the proposed councillor induction program:

· Local Government Act 1993

· Local Government (General) Regulations

· Procedure 6.02.01 Code of conduct

· Procedure 6.02.01a Procedures for the administration of the Model Code of Conduct

· Procedure 6.02.02 Code of meeting practice

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

This report and its recommendations relate to the following items within adopted Delivery Program (DP), and Operational Plan (OP):

· Delivery Program E.8.1
Develop and implement good governance systems

· Operational Plan Activity E8.1.3
Review council procedures in accordance with adopted policy and procedure review schedule

· Operational Plan Activity E8.1.4
Assist with the coordination of the 2024 Local Government Election

Environment and Climate Change

There are no environmental and climate change considerations related to this report and its recommendations.

Council is committed to being paperless and provides electronic devices for accessing council information and managing meeting agendas and documents.

Economic

There are no economic considerations related to this report and its recommendations.

Risk

Non-compliance with provisions of the Local Government Act 1993, the Local Government (General) Regulations, as well as the Local Government Elections (caretaker provisions) procedure would present a risk to Council from a legal and reputational perspective. The adoption of the caretaker procedure as well as the proposed councillor induction program attached to this report will mitigate these risks.

Social / Cultural

The planning, preparation and hosting of local government elections is a democratic process and will have social impacts on the Bega Valley Shire community.

Attachments

1 ⇩. DRAFT procedure 6.01.03 local government elections (caretaker period provisions)

Council 12 June 2024

Item 10.5

10.5. Accounting for Rural Fire-fighting Assets

This report provides an update to changes in the Code of Accounting Practice and financial reporting in relation to recognition of Rural Fire-fighting assets.

Director Business & Governance

Officer’s Recommendation

1. That Council carry out RFS stocktakes on behalf of the NSW Government and if the value of these assets is material recognise firefighting equipment in the Financial Statements.

2. Council writes to the local State Member, the Hon Michael Holland MP, Treasurer the Hon Daniel Mookhey MLC, Minister for Emergency Services and Resilience the Hon Stephanie Cook MP and the Minister for Local Government Ron Hoenig MP:

a. Expressing Council’s objection to the NSW Government’s determination on ownership of Rural Fire Service assets;

b. Calling on the NSW Government to take immediate action to permanently remove the requirement for local government to account for Rural Fire Service (RFS) assets and acknowledging that rural firefighting equipment is vested in, under the control of and the property of the RFS; and

c. Review the operating models of the State Emergency Service and Fire and Rescue NSW and implement this as a preferred model for the Rural Fire Service.

d. Amending s119 of the Rural Fires Act 1997 so that effect is clear and RFS assets are not the property of councils.

3. Council writes to the Shadow Treasurer Damien Tudehope MLC, the Shadow Minister for Emergency Services Gurmesh Singh MP and the Shadow Minister for Local Government Wendy Tuckerman MP, seeking commitment to support NSW Councils’ call to amend the Rural Fires Act 1997 s119 as described in item 2(a) and 2(d) above.

4. Council notes this action is entirely directed towards the nonsensical requirements contained in legislation that does not reflect the reality that RFS assets are managed and controlled by local brigades. Council considers this to be a cynical financial tactic that abdicates the government’s responsibilities and has a negative financial impact on our local communities.

5. Council reaffirms its complete support and commitment to local RFS brigades.

Executive Summary

Councils is required to prepare the General Purpose Financial Statements in accordance with

· The Local Government Act 1993,

· The Australian Accounting standards and other pronouncements of the Australian Accounting Standards Board,

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

The review of the local government Code of accounting Practice and Financial reporting (the code) was released in December 2023 and includes direction on the recording of red fleet assets (copy below)

Up until December 2023, the Local Government Code of Accounting Practice and Financial reporting allowed Councils to decide whether to record RFS red fleet assets as council assets based on their professional judgement.

Background

On 17 August 2022 it was resolved that Bega Valley Shire Council would exercise discretion not include the Red Fleet assets (Fire Fighting Equipment) in its Financial Statements. This was a position that was held by many rural and regional council’s burdened with accounting for rural fire service assets. Each year, the Council provides a position paper to justify this accounting treatment, as outlined in the commentary provided by the Local Government Code of Accounting Practice for the period ending 30 June 2021.

A long-standing dispute over the accounting treatment of the Red Fleet came to a head with the Auditor-General’s 2021 Report on Local Government issued 22 June 2022. The audit report emphasised the State Government determination that RFS assets are the “property” of councils and must be recorded in Council’s financial statements with Council required to absorb all depreciation costs.

The Audit Office Local Government Report continues to reinforce the notion that RFS mobile and other fire-fighting assets can somehow be deemed to be council assets and applies more pressure on councils and the Office of Local Government (OLG) to conform with this determination, even though councils do not have effective management or control of these assets.

Councils across the State and Local Government NSW (LGNSW) refute this determination. Councils do not have any say in the acquisition, deployment, or disposal of these assets. Comparable assets held by Fire & Rescue NSW (FRNSW) are not vested anywhere other than with the organisations that purchase, use, maintain and dispose of them.

Council has supported the Local Government campaign on the financial treatment of Rural Fire services (RFS) mobile assets known as the “Red Fleet” and Council resolved this by Mayoral Minute on 17 August 2022. The resolution provided support for the Bega Valley Shire Council position papers to advise the Auditor General that notwithstanding any overtures of future qualified audits, it will not carry out RFS stocktakes on behalf of the NSW Government and will not record RFS assets in Bega Valley Shire Council’s financial statements. At that time the State Government’s own Local Government Accounting Code of Practice and Financial Reporting provided for councils to determine whether they recorded the RFS assets as council assets or not.

The Local Government Code of Accounting Practice and Financial reporting 2023-24 was issued in December 2023 and removes the right of Council to use its professional judgement to determine the recognition of RFS red fleet assets with the statement “Councils should recognise material rural firefighting equipment in their financial statements”.

Since 2019, Council has provided an accounting position paper each year that clearly outlines our position on recognition of rural fire-fighting equipment based on professional judgment and interpretation of the accounting standards and accounting definitions relating to “what is an asset” and discussion on the term “control” in relation to the fire-fighting assets.

The position papers have provided sufficient evidence to support Councils position until audits for financial period ended 30 June 2022 and 30 June 2023 resulted in Council receiving a qualified audit opinion for non-recognition of rural fire-fighting equipment and now the Accounting Code of Practice has been amended to remove any discretion.

Council has provided a submission to the Parliamentary review into Assets, premises, and funding of the NSW Rural Fire service (attached). Included in the terms of reference from the Public Accounts Committee is the issue of accounting for the ownership of Rural Fire Service assets including fire-fighting equipment. Our submission has raised these concerns for the committee’s consideration.

Options

There are no options provided with this report. Our recommendations are presented as a result of the direction received to comply with legislative and reporting requirements.

Community and Stakeholder Engagement

There are no community and stakeholder engagement requirements associated with this report regarding the notification of changes to the Local Government Code of Accounting Practice and Financial reporting 2023-24.

Engagement undertaken

There has been no engagement undertaken associated with this report.

Engagement planned

This report recommends advocacy to NSW Ministers regarding changes to legislation and should the recommendation be adopted, correspondence to relevant Ministers and Shadow Ministers will be issued. Council staff will continue to provide a position paper for financial audits to document the nonsensical requirements of accounting for Rural Fire Service assets.

Financial and Resource Considerations

Accounting for Rural Fire Service assets and equipment in Councils financial statements has a negative impact on Councils financial sustainability. Council records the assets in the balance sheet and the income statement includes the depreciation of the fire-fighting equipment as an expense that impacts Councils operating result.

In addition, given that Council does not manage or control these assets, we will require equipment listings for all the assets held by the Rural Fire Service and firefighting equipment replacement costs before it can be fully accounted for in our financial statements.

Legal /Policy

Local Government Act 1993.

Local Government Code of Accounting practice and Financial reporting.

Rural Fires Act 1997.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

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

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

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

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

Environment and Climate Change

There are no Environment and Climate Change impacts associated with the recommendations of this report.

Economic

Council is a major contributor to the local and regional economy. Assessment of financial performance is a key input of decision making, with the goal of ensuring a financially responsible and effective organisation. The requirement that has now been formally placed on council in the accounting code has an effect on our financial results.The financial statements provide an opportunity to assess actual performance against strategic plans and highlight any challenges of unexpected events that may have impacted the final result. Accounting for assets and deprecation related to NSW Government responsibilities has a negative impact on councils financial results.

Risk

This report minimises the risk of non-compliance with the Local Government Act 1993.

Social / Cultural

Reporting of financial performance in a timely manner that meets legislative requirements, builds confidence in the management and leadership of the Council. The change to the Local Government Code of Accounting Practice and Financial Reporting unnecessarily undermines the performance of council and does not accurately demonstrate the State Governments responsibilities for funding this emergency service agency in local communities.

The prescribed accounting treatment of RFS assets does not accurately reflect the important role of local RFS brigades and their responsibilities in operating and managing their assets. We recommend that the operating model for State Emergency Services (SES) and Fire and Rescue (FRNSW) be applied to Rural Fire Service.

Attachments

1 ⇩. 2024.05.15 Submission for inquiry into the assets, premises and funding of the NSW Rural Fire Service

Council 12 June 2024

Item 10.6

10.6. Determination of the Local Government Remuneration Tribunal - 2025 Financial Year - Mayoral and Councillor Fees

Council is required to adopt an annual fee payable to all Councillors and the Mayor for the 2024-25 Financial Year.

Director Business & Governance

Officer’s Recommendation

1. That Council resolves the annual fee payable to Councillors, paid monthly in arrears, from 1 July 2024 to 30 June 2025 to be $22,540.

2. That Council resolves the additional annual fee payable to the Mayor, paid monthly in arrears, from 1 July 2024 to 30 June 2025 to be $49,200.

3. That Council resolves to pay superannuation contribution payments on the fees paid.

Executive Summary

Council requires a resolution to set the Councillor and Mayoral fees annually. The Local Government Remuneration Tribunal (the Tribunal) has determined that there will be a 3.75% increase in the minimum and maximum mayoral and councillor fees for the 2024-25 financial year, effective from 1 July 2024.

The Tribunal considers several factors before making a determination, including things such as NSW industrial relations environment, consumer price index, public sector wages and the rate peg.

The Officer’s recommendation is that Council sets the fees at the maximum rate, paid in arrears. Bega Valley Shire Council is categorised as ‘Regional Rural’.

Background

On 29 April 2024, the Local Government Remuneration Tribunal (the Tribunal) determined a 3.75% increase in the minimum and maximum mayoral and councillor fees for the 2024-25 financial year, effective from 1 July 2024. A copy of the determination can be found here: Local Government Remuneration Tribunal Annual Determination.

The Tribunal is required to determine the remuneration categories of councils and mayoral offices at least once every three years under Local Government Act 1993 and undertook a review of the categories as part of its 2023 determination. The Tribunal will next consider the model, criteria for each group, and the allocation of councils in the 2026 review. For the purpose of determining annual fees, Bega Valley Shire Council is classified as a Regional Rural Council.

In its determination, the Tribunal received submissions on requests for recategorization, movement of councils within the framework, remuneration structure and 2024 fees. These are outlined in the determination report.

For Bega Valley Shire Council, the maximum annual fee allowable for each Councillor (including the Mayor) is proposed and has been determined for FY2024-25 to be $22,540 with an additional amount of $49,200 payable to the Mayor.

Councillors are also entitled to claim reimbursement for expenses incurred in carrying out their elected duties in accordance with Council’s Policy 6.23 Payment of expenses and provision of facilities for Councillors. These reimbursements are in addition to the annual fees outlined in this report.

Councillor fees are payable monthly, in arrears, and a budget allocation has been included in the draft budget to meet the recommended payments. Depending on the resolution of council as a result of this report’s recommendations, the budget allocation may need to be adjusted before adopting the budget on 26 June 2024.

Options

Councillors are required to set the fee in line with the Local Government Remuneration Tribunal determination. The following is noted,

· A council cannot fix a fee higher than the maximum amount determined by the Tribunal.

· If a council does not fix a fee, the council must pay the minimum fee determined by the Tribunal.

Community and Stakeholder Engagement

Engagement undertaken

The draft budget was placed on exhibition until 5 June 2024. Council will resolve the budget for FY2025 at the Council meeting on 26 June 2024.

Engagement planned

No further engagement is required.

Financial and Resource Considerations

The draft budget allocation of $280,330 for councillor and mayor fees Including superannuation has been advertised. Should Council wish to resolve to pay the maximum fees and superannuation contribution payments, council will revise the proposed budget allowance to $281,047 - an increase of $717 before the budget is adopted at the 26 June Council Meeting.

Should Council resolve not to pay the maximum fees, council will revise the proposed budget allowance when presenting the budget for adoption at Council Meeting on 26 June 2024.

Fees for General Purpose Councils – Non-Metropolitan (page 26 of the report)

*The Mayor/Chairperson additional fee must be paid in addition to the fee paid as a Councillor/Member (s.249(2))

Legal /Policy

The Local Government Act 1993, outlines how Councillor fees are determined, fixed and paid:

Division 4 Local Government Remuneration Tribunal:

241 Determination of fees

The Remuneration Tribunal must, not later than 1 May in each year, determine, in each of the categories determined under section 239, the maximum and minimum amounts of fees to be paid during the following year to councillors (other than mayors) and mayors.

Division 5 What fees, expenses and facilities may be paid or provided to councillors?

248 Fixing and payment of annual fees for councillors

(1) A council must pay each councillor an annual fee.

(2) A council may fix the annual fee and, if it does so, it must fix the annual fee in accordance with the appropriate determination of the Remuneration Tribunal.

(3) The annual fee so fixed must be the same for each councillor.

(4) A council that does not fix the annual fee must pay the appropriate minimum fee determined by the Remuneration Tribunal.

249 Fixing and payment of annual fees for the mayor

(1) A council must pay the mayor an annual fee.

(2) The annual fee must be paid in addition to the fee paid to the mayor as a councillor.

(3) A council may fix the annual fee and, if it does so, it must fix the annual fee in accordance with the appropriate determination of the Remuneration Tribunal.

(4) A council that does not fix the annual fee must pay the appropriate minimum fee determined by the Remuneration Tribunal.

(5) A council may pay the deputy mayor (if there is one) a fee determined by the council for such time as the deputy mayor acts in the office of the mayor. The amount of the fee so paid must be deducted from the mayor’s annual fee.

250 At what intervals are fees to be paid?

Fees payable under this Division by a council are payable monthly in arrears for each month (or part of a month) for which the councillor holds office.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

This report aligns with the following 2022-25 Delivery Program and operational activities:

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

CSP Strategy E.8 - Council has a governance framework that promotes and guides accountability and transparency.

Delivery Program E.8.1 – Develop and implement good governance systems.

CSP Strategy E.1 – Lead, govern and regulate in an ethical, equitable, transparent and accountable way.

Delivery Program E.1.1 – Conduct day to day management of Council and support Councillors to undertake their role

Environment and Climate Change

There are no environmental or climate change impact relating to the recommendations of this report.

Economic

Items 59-62 in the determination include a summary of the submission made by LGNSW seeking a 10% increase. Four other submissions sought increases from 3% to 5.57%. The determination includes the following:

70. The Tribunal considered a range of factors in determining the amount to increase minimum and maximum fees payable to Councillors and Mayors. This included economic data, including the Consumer Price Index, Wage Price Index, full-time adult average weekly ordinary time earnings, NSW Public Sector increases, and Local Government State Award increases. It also considered the Base Cost Change model used by IPART in setting the rate peg for 2024-25.

71. On this occasion the Tribunal has determined that a 3.75% per cent increase will apply to the minimum and maximum fees applicable to existing categories.

Risk

Council’s Annual Report includes information on payments to Councillors and provision of facilities. Formal adoption of the amounts in line with remuneration tribunal recommendations ensures legal requirements are met.

Items 66-67 refer to submissions made regarding conflicts of interest for a council to setting their own remuneration, a matter that has been raised by Bega Valley Shire Councillors in the past. The Tribunal reinforced the position that:

68. Currently the Tribunal, consistent with its obligations set out in the LG Act, section 248 and section 249, determines a minimum and maximum remuneration range for Councillors and Mayors. It is then up to individual councils, to fix the annual fee for councillors and Mayors.

69. Furthermore, the tribunal does not have the authority to determine a fixed mandatory fee, section 241 of the LG Act states:

“The Remuneration Tribunal must, not later than 1 May in each year, determine, in each of the categories determined under section 239, the maximum and minimum amounts of fees to be paid during the following year to councillors (other than mayors) and mayors.”

Social / Cultural

Reporting on Councillor and Mayoral fees informs the community, the Councillors and future potential councillor candidates about the financial assistance provided to Councillors for undertaking their role as an elected official.

Attachments

1 ⇩. 24-07 office of local government olg Circular to Councils 24-08 2024/25 Determination of the Local Government Remuneration Tribunal

Council 12 June 2024

Item 10.7

10.7. Certificate of Investment May 2024

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

Director Business & Governance

Officer’s Recommendation

1. That Council receive and note the report on Council’s investment position at 31 May 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 May 2024 the total capital value of cash and investments was $134,232,211.46 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	May-2024 (‘000)
General Fund	49,353
Water Fund	30,594
Sewer Fund	54,285
TOTAL	134,232

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 May 2024 is detailed below:

Table 1: Cash and Investments listing
Issuer	Rating	Type	Purchase	Maturity	Interest Rate (%)	Capital Value ($)
Commonwealth Bank (Operating cash account)	AA-	CASH	-	-	-	9,595,100.67
Commonwealth Bank (At Call cash account)	AA-	CASH	-	-	-	5,000,000.00
NSW Treasury Corporation (Strategic Cash Fund)	AA-	CASH	-	-	-	137,110.79
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	A-	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
ING	A	TD	15/04/2024	15/04/2025	5.19	5,000,000.00
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
ING	A	TD	28/05/2024	28/05/2025	5.27	3,000,000.00
ING	A	TD	31/05/2024	30/05/2025	5.31	1,000,000.00
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	A-	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	A-	TD	31/01/2024	26/05/2026	4.80	2,000,000.00
Bank of Queensland	A-	TD	28/05/2024	28/07/2026	5.00	5,000,000.00
Westpac	AA-	TD	06/09/2023	07/09/2026	4.88	3,000,000.00
Bank of Queensland	A-	TD	25/05/2024	26/11/2026	4.95	5,000,000.00
Suncorp	A+	TD	11/01/2024	11/01/2027	4.88	2,000,000.00
Total Cash and Investments						$134,232,211.46

Table 2: Interest from Cash and Investments
Interest earned for May 2024	$454,442
Financial year to date interest earned	$4,236,927
Revised Budgeted interest for 2023/2024 financial year (QBRS Q3)^{^[1]}	$4,200,000
Percentage of the 2023/2024 budget earned by council	101%

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 62% of investments maturing within the next 12 months.

Council’s cash and investment portfolio has a weighted average maturity of 347 days.

For the month of March, the cash and investments held by Council provided a return of 4.84% p.a. exceeding the RBA cash rate of 4.35%.

The balance of Council’s cash and investments has risen in the month of May due to rate instalment and grant revenue.

Council continues to utilise 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 3: Investments by Fund $’000
Fund	March-2024	April-2024	May-2024
General Fund	47,916	40,130	49,353
Water Fund	26,181	30,284	30,594
Sewer Fund	52,587	52,658	54,285
TOTAL	126,684	123,072	134,232

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 May 2024 is $2,944,196.74 with $689,306.92 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 May 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 May 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 12 June 2024

Item 13.1

13.1. Cr Russell Fitzpatrick - Financial Assistance Grants

Notice of Motion

That Bega Valley Shire Council write to the Federal Local Government Minister and the NSW Local Government Minister and the NSW Grants Commission and request amendments to the allocation and timing of payment of the Financial Assistance Grants as follows:

a. Change the population (per capita) factor in the general-purpose grant allocation from 30% down to 10%

b. Ensure that the Objects of the Local Government (Financial Assistance) Act 1995 are being adhered to and consider a review of the Act given the last review was in 2001

c. Ensure that the National Principles governing the allocation of the Financial Assistance Grants are adequate and are being met

d. Cease prepayment of Financial Assistance Grant in the preceding financial year in which is it due to be received

Background

Local Government Financial Assistance Grants (FA Grant) are paid to councils to help them deliver services to their communities. The funds are paid annually by the Federal Government under the Local Government (Financial Assistance) Act 1995.

The FA Grant program consists of two components:

· a general purpose component which is distributed between the states and territories according to population (i.e. on a per capita basis), and

· an identified local road component which is distributed between the states and territories according to fixed historical shares.

Both components of the grant are united in the hands of local government, allowing councils to spend the grants according to local priorities. Local government grants commissions in each state and the Northern Territory recommend the distribution of the funding under the FA Grant program to local governing bodies in accordance with the Act and the National Principles for allocating grants.

The FA Grant allocation for Bega Valley in 2023-24 was $9,412,362. 94% of this was prepaid in last financial year.

Council has supported ongoing advocacy led by the Australian Local Government Association to increase the FA Grant allocation to 1% of Federal taxation revenue and restore the FA Grant funding lost in the 2014-15 indexation freeze. As part of the Federal Budget announcement in May 2024 the FA Grant allocation has increased by $155m which is only aligned with legislated indexation formula. With the apparent reluctance from the Federal Government to make changes to the overall FA Grant allocation, outside of annual indexation, this motion provides an option to improve outcomes for Councils, particularly those in regional areas with limited revenue generating capacity. The current requirement that each council receives 30% of its per capita share of FA Grants is preventing state grants commissions from redistributing to councils that require greater assistance. This motion recommends reducing that population factor down to 10%. The 2008 Productivity Commission Report ‘Assessing Local Government Revenue Raising Capacity’ outlined that a number of councils, particularly in capital cities and urban developed areas, have the means to recover additional revenue from their communities (with stable or growing populations) sufficient to cover their expenditures without relying on grants. However, a significant number of councils, particularly in rural (87%) and remote (95%) areas would remain dependent on grants from other spheres of government to meet their current expenditure. Given the differences in the scope to raise additional revenue across different classes of councils, there is a case to reduce the population provision within the general purpose component of the FA Grant allocation to ensure that rural and regional councils receive a more equitable share. The Objects of the Local Government (Financial Assistance) Act 1995 are outlined below.

As per the Objects of the Act, the FA Grant is provided for the purposes of improving the capacity of local government, which it undoubtedly does, as without the FA Grant allocation many rural and regional Councils would be insolvent. The issue is that the total FA Grant allocation is no longer adequate given the increasing demands placed upon Councils, the FA Grant indexation freeze in 2014-15 and the indexation alignment with CPI which does not accurately reflect the real costs Councils are absorbing to deliver services. Regional Councils are barely surviving financially. This motion calls for a review of the Objects of the Act to ensure they are being met and it considers the contemporary context in which Councils operate. It is very different to 20 years ago when the Act was introduced.

With the percentage drop in Federal Taxation Revenue of the FA Grants from 2009 to 2024 from 1% to now .5% the result has seen a number of Councils requiring large rate increases in NSW. The below table indicates the number of Councils seeking rate increases as their revenue sources are typically constrained whilst cost of service delivery and expectations continue to rise. This table doesn’t include the many Councils who have attempted to or should be pursuing the arduous special rate variation process. This is a clear marker of the financial sustainability issues Councils are facing.

2012	21 Councils
2013	13 Councils
2014	23 Councils
2015	32 Councils
2016	22 Councils
2017	10 Councils
2018	8 Councils
2019	13 Councils
2020	13 Councils
2021	1 Council
2022	8 Councils
2023	4 Councils
2024	17 Councils
2025	9 Councils

In most cases the rates increase requested was over 20% with the top 10 being over 60% increases and mainly in regional NSW. Some Councils are already going for a 2^nd large increase some 3 years after they were granted a rate rise.

Section 6 of the Act provides for the formulation of National principles governing the allocation by States among local governing bodies.

I call particular attention to Clause 3 where the principal of full horizontal equalisation is outlined. This includes taking into consideration the differences in the expenditure required to deliver services and the ability of Councils to generate revenue. I would suggest that this is not being fully adhered to and a recent presentation to Council from the NSW Local Government Grants Commission confirmed that. The Queensland Local Government Grant HCommission recently implemented a new methodology that included greater focus on the difference between a council’s potential to raise revenue and its actual capacity to raise revenue, and inclusion of cost factors that better reflect an individual council’s operating environment (remoteness, dispersion and socio-economic conditions). The National Principles need to be met, with a level of uniformity across the country.

In respect to the local road’s component of the FA Grant allocation the National Principles state that in assessing need consideration should include length, type and usage of roads. There is no allowance under this assessment for heavy vehicle movements across regional roads and merely car movements so the amount per kilometre paid to city councils is 4 to 5 times higher than country councils. The roads assessment also doesn’t adequately consider the population base using the road network within an LGA. In Bega Valley we have over 1,500km of road network to maintain, significantly more than most metro Councils.

The National Principles also fail to consider the disadvantage factor in relation to non-rateable land. Consistently we have stated that National Parks and State Forests should pay a rate of some kind but that is unlikely to occur so the FA Grant allocation under the full horizontal equalisation approach should include this factor. The National Principles also call for the consideration of other grant funding sources available to Councils. These grant programs are typically competitive across the sector and are not an equitable allocation. Councils require resources to apply for grants, deliver the projects and acquit them. The quantum of available funding and priorities shift with the ever-changing political landscape.

I commend the motion to you.

Cr Russell Fitzpatrick

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.

Council	12 June 2024
*Item 8.1 - Attachment 1*	Investigation into relevant local government strategies for enhancing shade in main town centres through increasing tree coverage

Council	12 June 2024
*Item 8.2 - Attachment 1*	Bega Structure Plan

Council	12 June 2024
*Item 8.2 - Attachment 2*	Wolumla Structure Plan

Council	12 June 2024
*Item 8.2 - Attachment 3*	Summary of written submissions to Draft Bega and Wolumla Structure Plans

Council	12 June 2024
*Item 8.2 - Attachment 4*	Survey feedback to Bega Structure Plan

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	12 June 2024
*Item 8.2 - Attachment 5*	Survey feedback to Wolumla Structure Plan

Council	12 June 2024
*Item 8.3 - Attachment 1*	Bega Affordable Housing Feasibility Analysis

Council	12 June 2024
*Item 9.1 - Attachment 1*	Merimbula airport masterplan 2043 v1.2

Council	12 June 2024
*Item 9.1 - Attachment 2*	Merimbula Airport 2043 Master Plan supporting documents

Council	12 June 2024
*Item 10.1 - Attachment 1*	Native Title Manager FAQ

Council	12 June 2024
*Item 10.1 - Attachment 2*	Native Title Manager Qualification - Rickee Marshall

Council	12 June 2024
*Item 10.1 - Attachment 3*	Native Title Manager Qualification - Robert Quick

Council	12 June 2024
*Item 10.1 - Attachment 4*	Native Title Manager Qualification - Brooke Kemp

Council	12 June 2024
*Item 10.1 - Attachment 5*	Native Title Manager Qualification - Natasha Bruun

Council	12 June 2024
*Item 10.1 - Attachment 6*	Native Title Manager Qualification - Peter Fragopoulos

Council	12 June 2024
*Item 10.2 - Attachment 1*	Council report dated 16 November 2022 - Road alignment rectification - Mount Darragh Road

Council	12 June 2024
*Item 10.2 - Attachment 2*	Draft Plan of land to be acquired for the purposes of the Roads Act MR 91

Council	12 June 2024
*Item 10.3 - Attachment 1*	Council report dated 13 June 2018 - Compulsory acquisition of land at Tathra for access purposes

Council	12 June 2024
*Item 10.3 - Attachment 3*	NSW Certificate of Title- Lot 1 DP 1282458

Council	12 June 2024
*Item 10.3 - Attachment 4*	Deposited Plan 1282458

Council	12 June 2024
*Item 10.3 - Attachment 5*	Deposited Plan 1223026

Council	12 June 2024
*Item 10.4 - Attachment 1*	DRAFT procedure 6.01.03 local government elections (caretaker period provisions)

Council	12 June 2024
*Item 10.5 - Attachment 1*	2024.05.15 Submission for inquiry into the assets, premises and funding of the NSW Rural Fire Service

Council	12 June 2024
*Item 10.6 - Attachment 1*	24-07 office of local government olg Circular to Councils 24-08 2024/25 Determination of the Local Government Remuneration Tribunal