Agenda of Council - Wednesday, 14 August 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 14 August 2024

Item 8.1

8.1. Eden Gateway Development update

This report provides an update on the progress for a potential upgrade to the Eden Gateway Centre which currently houses the Eden Library and Eden Community Access Centre.

Director Community Environment and Planning

Officer’s Recommendation

1. That Council notes the request from the Eden Community Access Centre seeking a Council decision to move the project to a ‘shovel ready’ stage including community consultation to refine a proposed design option based on a substantial expansion of the site to include a community hub.

2. That Council notes there is no current budget allocation for the Eden Gateway Centre redevelopment in the FY25 Budget.

3. That Council pauses the Eden Gateway Centre redevelopment project until further investigations into the best use of the site can be undertaken, including an assessment of the suitability of the land for housing and/or a childcare centre.

4. That Council notes a report will be brought back to Council before the project recommences to seek approval for an appropriate budget allocation to allow the project to progress.

Executive Summary

The Eden Gateway Centre currently houses the Eden Library and the Eden Community Access Centre (ECAC). In 2020, Council initiated a project to consider the potential of the Eden Library to provide a library and community hub, as part of a planned upgrade for the Eden Gateway Centre. Three preliminary design options were developed as follows:

· Option 1 The upgrade of the existing building and construction of a new library within the current building envelope.

· Option 2: An extension of the existing building.

· Option 3: The demolition of non-heritage parts of the existing building and the construction of a new building.

Stakeholder engagement was undertaken to ascertain support for an increased footprint including seeking in-principle support from relevant agencies to contribute rental/lease income for ongoing use and/or capital funding for the redevelopment. To date, limited general interest has been received by Council but no commitments have been received.

In July 2024, ECAC presented to Councillors requesting that Council undertake the work to bring the project to ‘shovel ready’ status to enable grants to be applied for. ECAC’s position is that the Eden Gateway Centre should be redeveloped and the footprint significantly increased to enable a community centre, hall, youth space, library and a range of other uses. ECAC has requested that Option 3 be revised and expanded to include a community hall and increased space for their use.

While there is an identified need for increased community space in Eden, Council does not currently have an FY25 budget allocation or project manager to progress this project. Additionally, Council has resolved to consider the expansion of Council’s Children’s Services and new land may be required to enable this. Staff are also reviewing the potential for the use of Council land for affordable or other housing, in line with Council’s adopted Affordable Housing Strategy.

This report seeks a Council resolution to provide guidance to staff on the way forward for the site.

Background

On 10 June 2020, Council resolved to consider the potential of the Eden Library to provide a library and community hub, as part of a planned upgrade for the Eden Gateway Centre. The resolution of Council can be found at Item 9.1: https://begavalley.infocouncil.biz/Open/2020/06/OC_10062020_MIN_550.htm#PDF2_ReportName_5975

In May 2022, Council staff utilised funding from the Department of Communities and Justice to engage Brewster Hjorth Architects to develop designs for a proposed redevelopment of the site including initial concept design (phase 1) and refined concept design (phase 2).

This work was undertaken as per the following flow chart:

A workshop with key stakeholders was held at the Eden library on 13 May 2022.

In July 2022, Brewster Hjorth Architects finalised three concept options for the Eden library and community hub:

· Option 1: The upgrade of the existing building and construction of a new library within the current building envelope.

· Option 2: An extension of the existing building.

· Option 3: The demolition of non-heritage parts of the existing building and the construction of a new building.

Concept plans for these three options have been provided to Councillors previously.

On 9 August 2022, Council held an external stakeholder meeting to present the three options. ECAC and Campbell Page representatives attended the meeting.

Following the meeting, the Chief Executive Officer issued a letter to stakeholders seeking information on whether their organisation could contribute ongoing funding and/or potential capital to contribute to the redevelopment. Organisations were requested to submit to Council a business plan that provided a level of certainty for ongoing funding, how much and with what level of expectation attached (i.e. certainty of tenure and space).

In December 2022, Director Community Environment and Planning sent emails to a broader range of stakeholders alerting them to the project and seeking their interest in being involved.

Despite a number of repeated requests for information and subsequent meetings with the Southern NSW Local Health District, to date no agencies or organisations have indicated to Council that they have the financial means to contribute to the redevelopment or to commit to ongoing rent/hire.

Southern NSW Local Health District expressed interest in utilising 2-3 rooms to deliver community health services, however has not committed to any capital or operational funding/budget. The Disability Trust also indicated potential interest in utilising space if the project was to proceed.

ECAC has indicated a strong desire to see the space expanded to enable greater service delivery on their part, as well as to support additional community uses. As ECAC is predominantly funded through grants it is unable to commit to providing capital or operating funding/budget. ECAC currently lease space at the Eden Gateway Centre at a significantly reduced rent.

Due to the lack of engagement/commitment from relevant organisations, Phase 2 of the project (refined concept delivery) has not yet been undertaken.

ECAC has advised Council that it has recently engaged with community focused organisations and received letters of support from the following groups for a redeveloped community centre, including interest from some to use community spaces should they be included in a redeveloped and expanded community hub, noting this use may be ad hoc rather than ongoing:

· Service NSW

· Eden Tourism

· Eden Chamber of Commerce

· Max Employment

· Eden Tigers Rugby League Football Club Inc

· Southern Training Organisation/Master Builders Group Training

· Fusion WalanMiya Training Pty Ltd

· University of Wollongong

· Campbell Page

· Katungul Aboriginal Corporation

· Eden Tech Centre

· Shoalcoast Community Legal Centre Inc

· Communities & Justice - Community Corrections

· Social Justice Advocates of the Sapphire Coast

· PCYC

· Kristy McBain - Member for EdenMonaro

· Dr Michael Holland - Member for Bega

ECAC presented their vision to Councillors on 10 July 2024, including a request that Council continue the process to redevelop the Gateway Centre as a community hub including a multi-purpose community centre incorporating the library with flexible and versatile spaces that can be used as a community hall; refining the concept plan developed in 2022 to encompass a broader range of uses and additional space for ECAC and community service providers, and to get the project ‘shovel ready’, including Council-led community consultation, to enable state and federal funding opportunities to be applied for. ECAC also provided their own modelling of potential income that could be generated from the site should it be redeveloped.

ECAC’s vision includes the following priorities for an expanded community centre:

· Library

· Flexile and versatile space that can be used as a Community Hall

· Space for social, community, health and education service providers

· Youth Centre

· Disaster preparation, resilience and support

· Disaster coordination, communications hub

· Meeting rooms and activity spaces

· Flexible use of space to cater to conferences

· Technology & training space

· Coworking – desk and room rental

· Business incubation – to foster new business

· IT, internet and technology services – Technology Hub

· Commercial kitchen and café

· Craft facilities (exhibition space, Pottery etc)

· Child care.

ECAC’s vision is greater than that envisaged by Council originally, and would require an expansion of the current design options.

To move the project to ‘shovel ready’ in any form will require additional funding to appoint a project manager, finalise concept designs and deliver detailed designs. There is currently no budget allocation in the FY25 budget to enable this. This would also require existing resources within the Community and Cultural Services area to re-focus their priorities to progress this work, including significant stakeholder and community consultation.

An allocation of $1,588,731 has been included in FY26 the Long Term Financial Plan (LTFP) for the refurbishment of the Eden Gateway centre, funded from developer contributions ($397,183) and the asset reserve ($1,191,548). It is important to note that it is unlikely the allocation in the LTFP is adequate to cover a redevelopment in line with Option 1. Based on recent experience, we expect the redevelopment cost could range from $5 million to $20 million depending on which option is progressed.

Option 1 is intended to provide an upgrade of the existing building and construction of a new library within the current building envelope. While this would need to focus on the core functions of the library service and ensure that adequate space is available to meet those needs as the priority, it does not preclude the inclusion of flexible and shared spaces which could be utilised by the ECAC and other government and non-government agencies. However, this will not enable the full potential of the site as a community hub and will provide far less flexibility for potential uses.

An expansion of the footprint of the Eden Gateway building is possible on the site to accommodate Options 2 and 3, however since the original Council resolution in 2020, a lack of housing and childcare have been significant issues facing the community. In May 2022, Council adopted an Affordable Housing Strategy that included reviewing Council owned land to determine if any could be used for housing. In February 2024, Council resolved to consider expanding our children’s services offering which would require identification of a new site in Eden to cater for a larger centre. It is recommended that before the Eden Gateway Centre redevelopment is progressed, further investigations into the suitability of the land for housing and/or a childcare centre should be undertaken.

It is also important to note that while improvements to the library space have been made following the move of the Visitor Information Centre, the current library is still below the recommended size by the State Library of NSW based on the population forecast for Eden over the next 10 years. This has resulted in a lack of quiet spaces or small meeting rooms and training/activity rooms, and lack of casual seating and study desks. The building is ageing with work required over the coming years to enable ongoing use of the building.

Options

1. Council can resolve to pause the project until investigations are made into the best use of the site. A further report would be brought back to Council before the project recommences to seek approval for an appropriate budget allocation associated with this. This is the recommended option.

2. Council can resolve to progress community consultation regarding the design of a redeveloped and expanded community hub, with the view to becoming ‘shovel ready’ should a suitable grant for the redevelopment be identified. This is not recommended as there is currently no budget allocation to enable this. If Council was to resolve to proceed, an appropriate budget allocation would need to be identified.

Community and Stakeholder Engagement

Engagement undertaken

A workshop with key stakeholders was held at the Eden library on 13 May 2022.

An external stakeholder meeting to present the three options was held on 9 August 2022.

Following the meeting, the Chief Executive Officer issued a letter to stakeholders seeking information on whether their organisation could bring ongoing funding to the table (as well as potential capital). Organisations were requested to submit to Council a business plan that provided a level of certainty for ongoing funding, how much and with what level of expectation attached (i.e. certainty of tenure and space). Follow up emails were sent from the Director Community, Environment and Planning.

Director Community, Environment and Planning and Manager Community and Cultural Services met with representatives from Southern NSW Local Health District in late 2022.

In December 2022, Director Community Environment and Planning sent emails to a broader range of stakeholders alerting them to the project and seeking their interest in being involved.

To date, no agencies or organisations have indicated to Council that they have the financial means to contribute to the redevelopment or have committed to ongoing rent of new spaces.

ECAC presented their vision for the site to Councillors at a workshop on 10 July 2024. This vision includes an expanded Option 3 including community consultation and an increased footprint.

ECAC has provided details of organisations who support the redevelopment and have provided in-principle support to utilising a redeveloped space, however there is no firm commitment nor any offers of capital funding.

Engagement planned

Future engagement will depend on the Council resolution. If the decision is made to pause the project until further investigations are completed into the suitability of the site for housing and/or a childcare centre, no further community or stakeholder engagement will be undertaken until that work is complete and a further report provided to Council.

If Council resolve to proceed with refining the concept plans and broad community engagement, a consultation plan will be developed.

The potential upgrade project has been included in Council’s investment prospectus, Funding our Future, which was updated in early 2024.

Financial and Resource Considerations

There is currently no budget allocation in the FY25 adopted budget for this project.

An allocation of $1,588,731 has been included in FY26 in the Long Term Financial Plan for the refurbishment of the Eden Gateway centre, funded from developer contributions ($397,183) and the asset reserve ($1,191,548). It is important to note that it is unlikely the allocation in the LTFP is still adequate to cover a redevelopment in line with Option 1. Based on recent experience, it is clear that the allocation is not sufficient to fund Option 2 or Option 3, which will likely cost up to $20 million.

Additional work is still required to understand the ongoing financial impact of an expanded centre including operational costs (such as electricity, cleaning etc), staffing, maintenance and depreciation.

Legal /Policy

The Gateway Centre sits on Lot 1 DP 1037443 (building) and Lots 19 and 20 DP 758379 at the rear (parking/roadway). There are several approvals over the site and some of these requirements would be detailed as conditions of any development consent for renewal of the asset. These include heritage considerations and the style and fabric of the existing art deco building would need careful consideration as part of any future development.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

The upgrade of the library and opportunities for co-location with other services is identified in the BVSC Library Strategic Plan 2020-2025 which clearly articulates a vision for our libraries as inclusive community hubs with a strong focus on community partnerships and collaborations. In recent years, shire libraries have seen increased engagement with community organisations resulting in social and economic benefits to communities. Demand is also growing for meeting rooms, workspaces and other facilities across all branch libraries.

The proposal to redevelop the Eden library and gateway centre addresses the following elements of the Bega Valley Community Strategic Plan:

A. Our Community: A connected and vibrant community where people are happy safe and well.

A.1 Collaborate with partners to provide and support opportunities for social interaction, activities and events.

A.3. Collaborate with partners to provide and support aged, disability and community services that enhance people’s quality of life.

A.4. Advocate to other levels of government and partner organisations to expand local health and specialist services available to the community.

A.5. Provide and advocate for accessible services and initiatives that contribute to wellbeing across all stages of life.

D. Our infrastructure: Our infrastructure complements our natural surroundings and character while enhancing the lives of our community.

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

The potential upgrade project has been included in Council’s investment prospectus, Funding our Future, which was updated in early 2024.

Environment and Climate Change

It is anticipated that energy efficiencies can be achieved through sustainable design principles for any redevelopment of the site or building.

Economic

The redevelopment and expansion of the Eden Library as a library and community hub may have some positive economic impacts for the community by improving access to services and supports. As discussed under the financial section in this report, more work is required to understand the ongoing financial impacts of the operations and maintenance of an expanded building.

Risk

Any expansion of the site comes with increased operating overheads such as electricity, staff time, cleaning, etc. While increased spaces would enable increased income through rent or room hire, there is a risk that full occupancy may not be achieved.

To minimise this risk, a business plan would need to be developed if the project was to proceed, to ensure value for money is achieved and return on investment maximised.

Commencing community consultation without an identified budget or funding source could result in increased community expectations about Council’s ability to deliver this project.

Social / Cultural

Eden is more socio-economically disadvantaged compared to other parts of our shire and the state more broadly. Previous studies led by the NSW Department of Families and Community Services identified the need for a one-stop-shop community hub to improve access in Eden to human services, business support, education, training and community building programs.

As such, there are a range of potential social benefits to the community of Eden through the enhancement of the Eden Gateway Centre as a library and community hub, providing inclusive community spaces for people of all ages, backgrounds and abilities.

Attachments

Nil

Council 14 August 2024

Item 8.2

8.2. 2021.157 70 Lot Subdivision in 3 Stages - Lot 510 DP 877207, 26 Princes Highway - South Pambula

Director Community Environment and Planning

Applicant	Cavalier Homes
Owner	Cav-Dev Group Pty Ltd
Site	Lot 510 DP 877207, 26 Princes Highway, South Pambula
Zone	R2 Low Density Residential
Site area	8.35ha
Proposed development	70 Lot Subdivision in 3 Stages including the creation of public reserve, closure of existing intersection and creation of public roads

Precis

This application is being reported to Council in accordance with Council Procedure 3.01.01 as the proposal includes dedication of land to Council as Public Reserve. It is recommended that the application be approved subject to conditions of consent included as Attachment 3 to this report.

Officer’s Recommendation

1. That Council accept the proposed dedication of land as Public Reserve as indicated in the subdivision plan provided as Attachment 1.

2. That Council notes its intention to classify the land proposed for dedication as community land under Section 31 the Local Government Act 1993 (NSW).

3. That Development Application 2021.157 for the subdivision of land to create 70 lots and creation of public reserve be approved, subject to the draft conditions of consent provided in Attachment 3.

4. That those parties who made a submission be advised of Council’s decision.

Executive Summary

Development Application (DA) 2021.157 is being reported to Council for determination in accordance with Council Procedure 3.01.01 as the application seeks to dedicate a portion of land as Public Reserve. The application also received several submissions which are addressed in this report.

The proposed development aligns with Council’s adopted strategic direction that encourages housing density within established urban areas to minimise additional service provision and expansion of the urban/bushland interface, as reinforced in Council’s adopted Local Strategic Planning Statement (LSPS).

The proposed development is recommended for approval, subject to the conditions of consent provided in Attachment 3.

Background

Lot 510 DP 877207 was created under Development Application 1997.1162 as part of a boundary adjustment between Lots 51 and 52 in DP 788066 which was approved on 16 July 1997.

The subject land was rezoned under Planning Proposal Bega Valley Local Environmental Plan (BVLEP) Amendment No. 21 to R2 Low Density Residential. That Planning Proposal was placed on public exhibition for 28 days from 11 May to 29 June 2016. The subject site was identified within Area 3, and details that “The review recommended that part of Area 3 should be considered for rezoning to R2 Low Density Residential due to its suitability for affordable residential development. Such a zone would provide additional low-cost housing stock in an area adjacent to an existing settlement with minimal site constraints.

It was recommended that the remaining land be retained as RU2 Rural Landscape to ensure consistency with similar land located to the north, east and south, and maintain the high scenic values along the Princes Highway within this area”.

The rezoning process was informed by a ‘Review of Land Suitability for Urban Residential Development at Pambula and South Pambula’ prepared by Zenith Town Planning in 2013 and supported by a concept subdivision plan that included considerations about stormwater, traffic and the character of South Pambula.

Advice was also provided by Transport for NSW that the continued use of the existing intersection to the Princes Highway off Furner Street would not be supported, but that there were adequate locations to the south to accommodate a new intersection.

The proposed subdivision layout lodged with the development application has been amended on several occasions to improve the overall layout and design of the development.

Description of the Site

Lot 510 DP 87207 is an 8.35ha parcel of R2 zoned land located on the eastern side of the Princes Highway at South Pambula. The land slopes down moderately (7 degrees) from the Princes Highway to the north-east and east. The land contains a gully at its south-eastern corner.

The land comprises of predominantly cleared land that is vegetated by exotic grasses with one large eucalypt located near the north-western boundary identified on the proposed subdivision plan. The land contains a cottage which is proposed to be removed. The land is located on the eastern edge of the residential area of South Pambula, with R2 zoned land to the north and west, and RU2 zoned land located to the east and south of the site. A sewer pump station is located adjacent to the north-eastern corner of the site in the Furner Street Road reserve.

The site is located to the east of the existing South Pambula settlement and is separated from it by the Princes Highway. South Pambula functions predominantly as a satellite suburb of Pambula, relying on its relative proximity to the commercial services of Pambula and Merimbula which are located to the north, across the Pambula River floodplain.

The site has northerly and easterly aspects which drains towards the northeast.

Figure 1 – Locality plan

Description of the Proposal

The proposal currently comprises:

1. Staged 70 lot subdivision comprising:

· subdivision over three stages

· new roads

· upgrades to Furner Street including its closure with the Princes Highway

· new intersection to the Princes Highway

· road dedication for the Princes Highway

· undergrounding of electricity infrastructure

· dedication of reserve to Council noted as Water Treatment

· street tree planting and new footpath construction.

Attachment 1 provides the current proposed subdivision plan layout under consideration.

Planning Assessment

The proposal has been assessed in accordance with the matters for consideration under Section 4.15 of the Environmental Planning and Assessment Act 1979 (see Attachment 2). Submissions were received during the notification process for the original subdivision plan (see Figure 2 below) raising concerns about the overall layout and design.

These concerns have been addressed by reducing the number of allotments from 81 to 70 lots and increasing the average lot size from 789m² to 845m², removing battle axe allotments and retaining walls, and improving the layout with generally north-south facing lots that are more in keeping with the topography of the land (see Figure 3 below).

The issues raised in the submissions are addressed later in this report.

Figure 2 – Original submitted subdivision layout

Figure 3 – Current submitted subdivision layout

Bega Valley Local Environmental Plan 2013

The land is zoned R2 Low Density Residential with a minimum lot size of 550m². The objectives of the R2 zone are as follows:

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

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

· To provide a mix of housing, including affordable and adaptable housing, to meet community needs.

The subdivision of land is permitted under Clause 2.6 of the BVELP 2013 and is consistent with the objectives of the zone. A full assessment of compliance with the relevant provisions of the BVLEP 2013 is detailed in the Section 4.15 assessment included as Attachment 2 to this report.

Bega Valley Development Control Plan 2013

The proposal has been assessed in accordance with the relevant provisions of the Bega Valley Development Control Plan (BVDCP) 2013.

An assessment has been undertaken in accordance with the residential chapter and those standards relating to the existing and desired future character of South Pambula. The revised design has incorporated a perimeter road that reduces the potential for land use conflict between existing rural residential and agricultural land uses to the east and south and satisfies the requirements of the Planning for Bushfire Protection Guidelines 2019. The battle axe allotments have been deleted from the design and replaced with lots that are generally north-south facing that improve the interface with Furner Street and the Princes Highway.

The site has been identified for low density residential development and the proposed subdivision is consistent with these objectives and those that apply to the rural landscape of South Pambula that seeks to maintain the Pambula floodplain vistas. A full assessment of compliance with the relevant provisions of the BVDCP 2013 is detailed in the Section 4.15 Assessment Report included as Attachment 2 to this report.

It is recommended that the proposed reserve be dedicated to Council as the reserve has been incorporated into the overall design and would improve the stormwater management for this land as detailed in the draft development consent (see Attachment 3).

Options

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

1. Approve the development application that includes the dedication of a reserve subject to the conditions of consent provided in (Attachment 3). This is the recommended option.

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

3. Defer consideration of the matter and seek an alternative design.

Community and Stakeholder Engagement

The original subdivision layout plan was exhibited in accordance with Council’s Community Engagement Strategy from 13 May 2021 until 27 May 2021, with further amended subdivision layout being exhibited in accordance with Council’s Community Engagement Strategy from 25 October 2023 until 22 November 2023. The current revised subdivision layout was further sent to those who had previously provided submissions to the two previous subdivision layout designs.

During this engagement process, Council received a total of 9 submissions for the original subdivision layout, 7 submissions for the revised subdivision layout and 2 submissions for the current subdivision layout.

The issues raised in those submissions have been detailed and addressed in the Section 4.15 assessment which is included as Attachment 2 of this report. A full copy all submissions throughout the assessment has been uploaded to the Councillor portal for information.

The key issues raised in submissions are outlined below for Council’s consideration, followed by staff comment.

Traffic impact

Concerns raised about the safety of the proposed intersection and the volume of traffic that will be generated by the subdivision onto the Princes Highway.

The latest design has been assessed by Council’s Development Engineers and Transport for NSW who has issued their General Terms of Approval (GTAs). Transport for NSW has not raised objections to the proposal subject to their GTAs being incorporated as conditions to any development consent and would require a Section 138 approval and upgrading of the intersection with the Princes Highway. That upgrade would include the construction of a Channelised Right Turn (CHR) together with an Auxiliary Left Turn (AUL) intersection treatment in addition to traffic calming devices and stormwater controls being installed.

The applicant has provided a strip of between 5-15 metres of variable width within the subject site to accommodate future road widening works. The entrance from the Princes Highway onto Furner Street is to be closed. Transport for NSW have jurisdiction for the Princes Highway and have not included a change to the existing speed environment as part of issuing their GTAs for this subdivision.

Concerns have been raised by the owners of the land to the south about the location of the proposed access and have requested that it be relocated. The design has been reviewed by Council’s Development Engineers and is considered appropriate and does not require relocation. Any further redevelopment of the land to the South of the site will require rezoning and any such application would need to provide sufficient information to consider further road upgrades if required at that time.

Figure 4 – Southern Boundary Treatment

Stormwater

Concerns were raised about the management of stormwater and the impact of retaining walls as part of the civil works

A Stormwater Management Report was prepared by Southeast Engineering and Environmental. The design incorporates components of the Water Sensitive Urban Design Principles (WSUD) and this would be reinforced as conditions of consent relating to the installation of the stormwater infrastructure and its ongoing maintenance and the provision of a detailed Soil and Water Management Plan (SWMP).

The development will require modification to the Princes Highway as well as the landform across the site. This will divert some runoff previously draining to the east to the proposed detention and bioretention basin that seeks to be dedicated to Council as a reserve. Inter-allotment drainage will collect runoff from 6 allotments that drain to the drainage line in the southeast corner. The subdivision has been designed to maintain pre-development flows. The latest design has reduced the scope for retaining walls as part of the civil design works and is more in keeping with the topography of the land.

General Terms of Approval have been issued by the NSW Department of Climate Change, Energy, the Environment and Water (previously NSW Department of Planning and Environment - Water) and conditions included in the development consent to guide the design, construction infrastructure and future maintenance of stormwater infrastructure, including the dedication of a bioretention basin.

Figure 5 – Proposed Bioretention Basin

Sewerage

Concerns were raised about the suitability of the existing pump station to cater for the additional allotments.

Advice was received from Council’s Water and Sewer Services who have confirmed that a review of the capacity of the pumping station based on Water Services Association of Australia guidelines for sewerage pumping station design has been undertaken and included a risk-based approach to the sizing of that pumping station. It was identified that there is currently ample capacity in the pumping station to cater for the proposed residential subdivision and other potential subdivision in the area. There is also an emergency storage well at the site which has been capped off for now but can be re-utilised if emergency storage is required.

Open space and amenities

The need for communal open space and amenities, including a play area and footpath that connects South Pambula with Pambula. was suggested.

Council does not currently have an identified open space strategy that identifies the provision of additional open space within the South Pambula area. Section 7.11 Contributions would be levied for each allotment under Council’s current Section 7.11 Contribution Plan that will be allocated to infrastructure within the Bega Valley Shire.

The request for a cycleway connecting South Pambula to Pambula was acknowledged by the applicant and generally supported in the long term. It is however considered outside the scope of this subdivision application. Internal footpaths and street trees are proposed within the latest subdivision design as detailed in Attachment 1 of this report.

Visual impact and Density

Concerns were raised about the aesthetics of a high-density residential subdivision within a rural setting.

The latest subdivision design has addressed these concerns by reducing the number of allotments from 81 to 70 allotments and increasing the average lot size from 789m² to 845m² while removing the battle axe allotments and improving the overall layout with generally north-south facing lots that are consistent with the topography of the land.

The majority of the site is already cleared of vegetation and the subdivision of this land reflects its zoning as R2 Low Density Residential and the objectives contained within the LSPS and Residential Land Strategies. New street tree plantings are proposed as detailed in the latest subdivision layout plan and this would be reinforced as a condition of consent and in accordance with Council’s Landscaping Guidelines.

Impact on Riparian Land, Wetlands and the Oyster Industry

Concerns were raised about the scale of the subdivision and the potential impact on the Pambula River catchment and downstream Priority Oyster Growing Pambula Lake.

The land will be connected to Council’s reticulated sewer network and has been designed to meet best practice guidelines including Water Sensitive Urban Design (WSUD) and meet the Oyster Industry Sustainable Aquaculture Strategy (OISAS).

As detailed earlier, a Stormwater Management Report was submitted with the application and has been reviewed by Council’s Development Engineers. Conditions of consent recommended include soil and water management controls that would need to be implemented and maintained prior to, during and after construction to ensure water quality is maintained. A reserve would be dedicated for stormwater retention on-site as previously detailed in this report.

INTERGRATED DEVELOPMENT - STATE AGENCY APPROVALS

The development application is deemed integrated development with approvals required from the NSW Rural Fire Service, Transport for NSW and DPE Water (now DCCEEW). Advice was also sort from Essential Energy and the Department of Primary Industries (Fisheries). These responses have formed part of the Section 4.15 assessment.

The site is designated as bushfire prone land. The NSW Rural Fire Service has reviewed the latest subdivision layout and provided their Section 100B Bushfire Safety Authority and General Terms of Approval (GTAs). A condition of consent requiring compliance with the Section 100B Authority and GTAs is attached to the draft development consent detailed in Attachment 3.

The site fronts and creates a new intersection with the Princes Highway and therefore requires the concurrence of Transport for NSW under the Roads Act 1993. The latest subdivision layout has been reviewed by Transport for NSW with their GTAs being issued. A condition of consent requiring compliance with their GTAs is attached to the draft development consent detailed in Attachment 3.

The application proposes works within the drainage lines of the site and therefore approval under the Water Management Act 2000 was required. The latest subdivision design has been considered by the Department of Planning and Environment—Water (now DCCEEW), who have provided their General Terms of Approval which is attached to the draft development consent detailed in Attachment 3.

Financial and Resource Considerations

Assessing proposals for development is part of the regular business of Council and resourcing to undertake this function is included in Council’s adopted budget.

Legal /Policy

The variations to the design provisions under Clause 7.3 of the BVDCP 2013 are considered reasonable and justified on planning merit grounds, as detailed in the Section 4.15 Assessment Report provided as Attachment 2 to this report.

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

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

The proposed development is consistent with the following future directions of the Bega Valley Shire Local Strategic Planning Statement 2040:

PLANNING PRIOIRTY 1: NATURAL HAZARDS

People, land and infrastructure are well positioned to face natural hazards.

PLANNING PRIORITY 9: OPEN SPACE AND RECREATION

A network of green spaces has created healthier and more liveable towns and villages and public places attract people of all ages and abilities to socialise, engage in arts and culture and be active and healthy.

PLANNING PRIORITY 10: CHARACTER

Maintain a compact settlement pattern with clearly defined town and village entry points and prevent ribbon development that joins settlements.

PLANNING PRIORITY 11: HOUSING

Increase housing density within established urban areas to minimise additional service provision and expansion of the urban/bushland interface and support the viability and vibrancy of town centres and future public transport provision.

The proposed subdivision layout is also consistent with the strategic objectives outlined in the Community Strategic Plan 2042, in particular the following,

Our air and water are pristine and our natural environment and rural landscapes are protected.

Our Shire continues to be a safe and affordable place to live.

Our community has access to good quality open space, recreation and sporting facilities that support health and wellbeing.

The proposed subdivision layout is consistent with Directions 24 and 45 of the South-East and Tablelands Regional Plan 2036:

Direction 24: Deliver greater housing supply and choice.

Direction 25: Focus housing growth in locations that maximise infrastructure and services.

The proposed development is consistent with Council’s adopted Community Strategic Plan 2042, South-East and Tablelands Regional Plan 2036, Residential Land Strategy and LSPS.

Environment and Climate Change

The impacts of the development on the environment, including impacts on water quality and climate change have been assessed and are detailed in the Section 4.15 Assessment Report included as Attachment 2 to this report.

Economic

The impacts of the development on the economy were considered by the applicant with the provisions of a Socio-Economic Assessment Report.

It is concluded that the proposed development would contribute to the economy of South Pambula through the creation of construction works, increasing the availability of additional residential allotments for a range of household types and sizes which would provide economic flow on benefits to existing commercial businesses in the township. The development would be consistent with the original rezoning of the land to R2 Low Density Residential that identified it would provide additional low-cost housing stock in an area adjacent to an existing settlement with minimal site constraints.

Risk

The assessment of development is a core function of Council. There are no material impacts on Council’s operations associated with the proposed subdivision of land. The design of the subdivision would require the dedication of land and services as public reserve, public roads and water and sewer infrastructure to Council once completed.

The construction and dedication will be undertaken in accordance with Council’s design and construction requirements and are detailed as conditions in the draft conditions of consent provided as Attachment 3.

The GTAs issued by NSW RFS, Transport for NSW and Department of Planning and Environment—Water (now DCCEEW) are included within the draft conditions of consent to ensure compliance with the Integrated provisions of the Environmental Planning and Assessment Act 1979 and related Acts under which those GTAs were provided.

Social / Cultural

The proposed subdivision of land is consistent with the Bega Valley Local Strategic Planning Statement by providing additional allotments for residential purposes by minimising additional service provision and expansion of the urban/bushland interface. The development would contribute to the availability of allotments that could accommodate a range of different housing types and sizes.

Attachments

1 ⇩. Proposed Subdivision Plan

2 ⇩. Section 4.15 Assessment Report

3 ⇩. Draft Notice of Determination (conditions of consent)

Council 14 August 2024

Item 8.3

8.3. Affordable Housing Strategy implementation progress report

This report provides an update on implementation of the Affordable Housing Strategy from 1 January 2024 to 30 June 2024.

Director Community Environment and Planning

Officer’s Recommendation

That Council:

1. Note the progress made in implementing the Bega Valley Shire Affordable Housing Strategy in the period 1 January 2024 to 30 June 2024.

2. Endorse an update to the Affordable Housing Implementation Group Terms of Reference to change the meeting frequency to twice per year to align with the 6-monthly progress reporting to Council.

Executive Summary

This report provides an update on progress against the Bega Valley Affordable Housing Strategy for the period 1 January 2024 to 30 June 2024.

It also seeks Council’s support to update the Terms of Reference to change the meeting frequency to twice per year to align with the 6‑monthly AHS progress reports to Council.

Background

The Bega Valley Shire Affordable Housing Strategy was adopted by Council in May 2022. It includes a commitment to report annually to Council and the community on progress against the strategies (actions) and KPIs adopted.

At the 21 September 2022 Council meeting, Council resolved to request 6 monthly reporting rather than annual. This is the fourth 6 monthly report, including progress from 1 January 2024 to 30 June 2024.

Reports have been provided to Council as follows:

- Report 1 (May 2022 to 31 December 2022): 15 February 2023 (Item 8.4 at https://begavalley.infocouncil.biz/Open/2023/02/OC_15022023_AGN_851_AT_WEB.htm)

- Report 2 (1 January 2023 to 30 June 2023): 23 August 2023 (Item 8.5 at https://begavalley.infocouncil.biz/Open/2023/08/OC_23082023_AGN_857_AT_WEB.htm)

- Report 3 (1 July 2023 to 31 December 2023): 21 February 2024 (Item 8.1 at https://begavalley.infocouncil.biz/Open/2024/02/OC_21022024_AGN_1012_AT_WEB.htm)

A report on advocacy was also provided to Council on 23 August 2023 (Item 8.4 at https://begavalley.infocouncil.biz/Open/2023/08/OC_23082023_AGN_857_AT_WEB.htm).

Key progress from 1 January 2024 to 30 June 2024

A full list of progress against each strategy is at Attachment A, with the updates from 1 January 2024 to 30 June 2024 shown in bold font.

The below list includes a summary of the key achievements in the reporting period.

· Bega and Wolumla Structure Plans adopted by Council at 12 June Council meeting.

· Affordable Housing Contributions feasibility study presented to Council and approval received to proceed with the development of an affordable housing contributions policy at 12 June Council meeting.

· $250,000 grant received from Round 2 of the NSW Regional Housing Strategic Planning Fund to prepare a Planning Proposal to support Bega Structure plan. The project will rezone land for new urban neighbourhoods that will provide for diversity of housing choice and meet demand for existing and emerging residential accommodation types in the Bega Valley Shire. The planning proposal will facilitate development of around 2,000 dwellings, targeted at the short, medium and long-term supply of housing for the Bega Valley Shire over the next 40 years.

· Finalisation of the Bega Valley Local Environmental Plan 2013 is nearing completion with gazettal expected in July 2024. The changes include:

o Enabling the creation of up to 40% small lots in new low density residential subdivisions to provide flexibility to ensure residential development makes efficient use of land and infrastructure and contributes to the availability of new housing while preserving residential amenity and natural assets

o Enabling more subdivision in Candelo and Kalaru village areas by reducing the minimum lot size for subdivision

o Streamlining construction and subdivision of multiple dwellings to encourage housing diversity, provide certainty, and avoid the need for complex staging of development under the existing provisions

o Enabling multi dwelling housing in most low density residential areas and villages to increase the diversity of housing

o Adding a new zone objective to the R2 Low Density Residential zone to encourage housing diversity that is appropriate to the detached character of the zone

o Adding a new Aim of Plan to facilitate housing diversity to meet the needs of the community

o Increasing supply of one and two bedroom units in multi dwelling housing, residential flat buildings and shop top housing developments to provide for the housing needs of current and future residents of the shire

o Increasing the supply of adaptable housing to provide a supply of dwellings that can be more easily and affordably retrofitted for accessibility in the future

· Southern Cross Housing DA for a 60+ dwelling development in Bega, including seniors housing, is under assessment. Planning proposal to support the development lodged with Council.

· Council was successful in receiving $50,000 funding for the development of a housing and homelessness podcast series, to share experiences and break down stereotypes. More information will be shared with the group as the project plan is developed.

· Staff review of potential upzoning locations within Bega, Eden and Merimbula (including rezoning, site ratio controls and height of buildings limits) to support density continued including input from a member of the Affordable Housing Implementation Group. Preparations for an architect review of impacts of height and site density changes is underway. These investigations aim to open up opportunities for an increase in the supply of smaller strata dwellings in and around town centres, particularly in areas of existing/older separate housing as well as opportunities for shop top housing within town centres.

Key advocacy during this reporting period includes:

· Council submission on the NSW Government’s review into historical development consents submitted in June 2024.

· Mayor, CEO and Director Community, Environment and Planning spoke at the NSW Government’s inquiry into the planning system and the impacts of climate change on the environment and communities inquiry on 2 May 2024.

· Council submission on the NSW Government’s discussion paper on short and long term accommodation submitted March 2024.

· Feedback on proposed changes to complying development for farm buildings, rural sheds and earthworks provided.

· Mayor, CEO and Director Community, Environment and Planning participated in virtual housing roundtable with Ministers Scully and Jackson, organised by LGNSW, on 29 May 2024.

· Mayor and Director Community, Environment and Planning attended Country Mayors Association housing forum which included advocacy to Minister Rose Jackson, DPHI Secretary Keirsten Fishburn and Homes NSW CEO Rebecca Pinkstone in April 2024.

· Director Community, Environment and Planning participated in Housing Targets briefing led by DPHI on 5 June 2024.

Review of strategies

The AHS implementation plan has been reviewed and 4 sub-strategies have been marked as complete, noting these are minor actions (part of strategy 1, 2, 5 and 8 – marked in orange in Attachment 1). One has been marked as needing to be ‘closed’ as Council does not have any land suitable for an affordable caravan park / manufactured housing estate (strategy 20).

Work to date on strategies 19, 20 and 21 (Council land review and subsequent activation of identified sites) has identified only one potential site that Council could consider for a housing development of some kind. As such, staff will now commence investigations into that parcel of land (in South Pambula) for suitability as an affordable housing project in conjunction with a registered social housing provider or not-for-profit organisation. If the land is found to be unsuitable for an affordable housing project, a new subdivision development application could be commissioned that maximises the dwelling yield from the site and incorporates opportunities for a range of lot sizes in line with the proposed amendments to the Bega Valley Local Environmental Plan 2013. If this progresses, and pending a future Council resolution, the proceeds from the sale of this land could be allocated towards an affordable housing project. However, it is important to note that in the current market it is unlikely this will generate a significant return to Council.

KPI progress

A number of KPIs were adopted as part of the Affordable Housing Strategy. Staff have subsequently found that data is not available for many of the KPIs. Research is underway on alternative KPIs that relate directly to the aims of the strategy.

KPI	Progress from 1 January 2024 to 30 June 2024	Comments
1. Number of affordable rental dwellings for very low and low income households created as a result of partnerships between Council and Community Housing Providers and/or the private sector	0	No new partnerships created, however Southern Cross Housing (SCH) DA for 60+ affordable dwellings in Bega which includes the reinvestment Council made following the sale of Narira Village in Cobargo to SCH is under assessment
ii. Net change (loss/gain) in Social (Public and Community) Housing	SCH: No net change, although numbers may vary slightly from time to time depending on leasehold availability (quota remains the same). The current combined Social Housing waitlist for the Bega Valley remains stable and sits at 380 (compared to 383 at 30/6/23). DCJ: updated data not available	Southern Cross Housing has lodged a DA for a site in Bega to provide 60+ social and affordable dwellings. The DA will be assessed by the Southern Regional Planning Panel. A planning proposal to add an additional ‘permitted use’ has been submitted to Council.
Daiii. Number of affordable rental dwellings for very low and low income households created through other agencies or mechanisms, including DCJ – Housing and local Community Housing Provider	Current SCH stock as at 30/6/24: - Social capital: 39 - Affordable: 1 - Social leasehold: 37 - Social owned: 11 - Social crisis: 10 DCJ: updated data not available	SCH social owned, crisis and capital remain the same as last year. Leasehold numbers have remained stable this year and at quota, although securing new leasehold stock remains a challenge and expensive in the current market.
Div. Number of affordable housing dwellings for very low and low income renters and low income purchasers provided through the market	-	Data not readily available
v. Increase in supply of lower cost housing types/products created through the market	-	Data not readily available
vi. Reduction in local homelessness, including appropriate accommodation of people living temporarily with others, or living in inappropriate, unsafe or severely over-crowded accommodation	-	Data not readily available
vii. Reduction in the proportion of very low and low income households in housing stress	-	Data not readily available
viii. Retention of diverse income, age and employment groups in the LGA	-	Data not readily available

Meeting frequency

At the June 2024 implementation group meeting the frequency of meetings was discussed. Currently, the Terms of Reference state that the group will meet quarterly. Council staff are proposing to reduce the frequency of meetings to 6-monthly to align with the 6‑monthly AHS progress reports to Council. There were differing opinions about this recommendation and no consensus was reached by the group. However, the CEO noted that the staff recommendation to Council will be to change the meetings to 6‑monthly. Staff and group members can continue to circulate updates and discuss progress as required inbetween meetings. Staff also proposed the cessation of the informal subgroups noting they have not been operating as originally intended.

The Terms of Refernce are available online at: https://begavalley.nsw.gov.au/council/affordable-housing-implementation-group

Options

It is recommended that Council note the progress made in implementing the Bega Valley Shire Affordable Housing Strategy in the period 1 January 2024 to 30 June 2024.

Community and Stakeholder Engagement

Engagement undertaken

The Affordable Housing Strategy was endorsed by Council in May 2022 following an extensive public consultation process.

The Affordable Housing Implementation Group (AHIG) was established after an open expression of interest (EOI) process with members appointed by Council at the September 2022 meeting.

The AHIG has met in October 2022, December 2022, March 2023, June 2023, September 2023, December 2023, March 2024 and June 2024.

Engagement planned

The AHIG currently meets quarterly in line with the Terms of Reference. As such, the next meeting was scheduled for September 2024 however this is unlikely to proceed due to the caretaker period ahead of the local government election.

Additionally, this report seeks Council approval to reduce the frequency of meetings to 6-montly to align with the 6‑monthly AHS progress reports to Council. If this is supported, the next meeting will be held in January 2025 ahead of the next 6-monthly report being provided to Council in February 2025.

Financial and Resource Considerations

There are minimal new financial or resource considerations based on the recommendations of this report, however it is important to note that some actions in the Affordable Housing Strategy will require specialist consultants which are not currently budgeted for. This will be reviewed annually during the Operational Plan and Budget process.

Legal /Policy

There are no new legal or policy considerations based on the recommendations of this report. The Affordable Housing Implementation Group Terms of Reference will be updated to reflect the new meeting schedule if supported by Council.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

This report aligns with Council’s adopted Affordable Housing Strategy and Community Strategic Plan:

· Strategy A6: Acknowledge and collaborate with local groups to advance local priorities – environmental impact, community infrastructure, housing and economic growth.

· Strategy A9: Collaborate with relevant agencies and the private sector to increase the diversity and affordability of new and existing housing, particularly to meet the needs of our ageing population.

Environment and Climate Change

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

Economic

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

Risk

There are no new risks associated with the recommendations of this report.

Social / Cultural

Having access to safe and affordable housing is a fundamental need that impacts on an individual’s ability to maintain employment, participate in society and form social connections.

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

Attachments

1 ⇩. Affordable Housing Strategy Implementation Plan progress update as at 30 June 2024

Council 14 August 2024

Item 8.4

8.4. Adoption of the Arts and Culture Plan 2024/25 - 2029/30

This report seeks Council support for the adoption of the Arts and Culture Plan with minor amendments following public exhibition.

Director Community Environment and Planning

Officer’s Recommendation

1. That Council resolve to adopt the Arts and Culture Plan 2024/25 – 2029/30 as amended following public exhibition (Attachment 1).

2. That Council note the feedback received during public exhibition (Attachment 3).

3. That those who made submissions to the draft Arts and Culture Plan 2024/25 – 2029/30 be notified of Council’s decision.

Executive Summary

The Arts and Culture Plan provides direction for cultural activity and investment from Council across a range of program areas for the financial years 2024/25 to 2029/30. It identifies the important role that Council plays in delivering, collaborating and advocating for arts and cultural development against five key theme areas: cultural facilities, participation and access, creative enterprise, communication and connection, and cultural objectives.

The draft Arts and Culture Plan has been publicly exhibited with 49 responses to an online survey providing over 200 comments, and 6 other submissions received. Various minor changes to the draft plan are recommended in response to feedback received in the submissions. A track changes version of the plan showing updates made following public exhibition is available at Attachment 2. Further detail on the submissions, staff responses and recommended changes are presented for Council’s consideration at Attachment 3.

Background

The Arts and Culture Plan identifies the important role that arts and culture play in the social and creative life of communities across the Bega Valley and as economic drivers in the region.

The Arts and Culture Plan provides direction for cultural activity and investment from Council for the financial years 2024/25 to 2029/30. It considers the current role of Council as well as opportunities for growth, taking into consideration the potential for future development. Five key theme areas are identified for action: cultural facilities, participation and access, creative enterprise, communication and connection, and cultural leadership.

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

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

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

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

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

The draft Arts and Culture Plan has been publicly exhibited with 49 responses to an online survey providing over 200 comments, and 6 other submissions received. These comments provide a rich source of data on the value placed on arts and culture in our community. Amendments to the draft plan are recommended in response to feedback received in the submissions and a revised plan which incorporates the proposed changes is recommended for adoption (Attachment 1).

A track changes version of the plan showing updates made following public exhibition is available at Attachment 2.

Further detail on the public submissions, staff responses and recommended changes are presented for Council’s consideration in Attachment 3 to this report.

Once adopted, it is anticipated that this plan will not only clarify Council’s role in regard to arts and culture for both staff and the community. It will also provide a strong foundation for both Council and others engaged in the sector to secure funding from grants and other sources.

Options

Options available to Council are to:

1. Adopt the Arts and Culture Plan 2024/25 – 2029/30 as amended following public exhibition (Attachment 1). This is the recommended option.

2. Resolve not to adopt the draft Arts and Culture Plan. This option is not recommended as input from the community and other stakeholders has played an integral part in the development of the plan which clarifies Council’s role and expectations of what can be resourced and delivered.

Community and Stakeholder Engagement

Engagement undertaken

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

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

The draft Arts and Culture Plan was placed on public exhibition from 1 May to 31 May 2024. Public feedback was sought through a short survey on Council’s website, shared through Council’s newsletters and a media release, and through library, SECCA and South East Arts email distribution lists. Forty-nine (49) responses and over 200 individual comments against a series of questions were received through the survey.

In response to the question ‘Do you support the Arts and Culture Plan’ 25 people responded yes (51.02%), thirteen responded ‘no’, (26.53%) and 11 responded ‘in part’ (22.45%).

Six written submissions were received from members of the public and organisations including Four Winds; the Yuin Folk Club and Cobargo Folk Festival; Greg Lissaman, Orion Wayfinding (former Museums Advisor – Bega Valley Shire Council); and the Old Bega Hospital Regional Community Cultural Centre. One internal submission was received.

Submissions in favour of the plan highlighted their support for Council’s role and the general direction of the plan, referencing:

· the value of cultural events and increased opportunities to experience exhibitions, performances and live music

· recognition of First Nations cultural and heritage

· recognition and support for museums

· support for local artists/creatives and art activities

· the importance of arts and culture to the regional economy

· the value of heritage and cultural collections

· the importance of Council’s role as an advocate and supporter of arts and culture.

Submissions against the plan tended to centre on the question of Council’s role in arts and culture, particularly that there should be less Council spending on arts and culture, and that arts and culture is:

· not Council’s core business

· not what rates monies should be spent on.

A number of submissions commented on the limited engagement with the arts sector, including key organisations, in the development of the plan. Suggestions were also made for improved collaborations, partnerships and engagement through the formation of advisory committees.

In considering this feedback staff have recommended some amendments to the draft plan which are explained in Attachment 2 (track changes version of the amended plan) and Attachment 3 (public submissions and staff responses). In summary, the key amendments are as follows:

· New actions:

o (Funding dependent) To undertake facility management plans for Council facilities currently tenanted by museums and work with the museum and archive sector to explore opportunities to consolidate and enhance facilities

o (Within existing resources) To explore the provision of in-kind support and collaboration with museums on things such as storage space, display of artefacts in libraries, and shaping of the Council-funded tourism marketing contract to include cultural tourism as a key pillar

o (Within existing resources) To advocate to Destination NSW and/or other relevant state bodies to undertake research into the scale and value of cultural tourism in the region.

· Amended/removed actions:

o Remove to ‘Develop a cultural tourism plan, including museums as attractions and experiences’

o Amend the action ‘Collaborate with Bega Valley Shire Council’s tourism marketing services contractor to integrate cultural tourism into their promotional and strategic development’ to ‘Request Council’s contracted tourism service provider to integrate cultural tourism and provide the function of a cultural tourism plan’
Include reference to local professionals/emerging artists in the procurement related actions relating to best practice engagement of artists

o Amend the action regarding digitisation of historical records to clarify it refers to Council owned resources

o Amend relevant actions to recognise the potential for collaborations/partnerships with government agencies including NPWS

o Minor amendments to a number of actions for clarity

· Include reference to the economic contribution of the museum sector; the significance of heritage assets held by museums; enhancing references to museums in actions relating to volunteering, facility planning and advocacy; and include reference to the volunteer run Old Bega Hospital Regional Community Cultural Centre and Four Winds as a major event

· Minor amendments to include ‘film/screen’ and more references to culture throughout the plan, the adoption of Council’s Events Strategy, and other minor formatting or language changes for clarity.

A full list of submissions, staff responses and associated amendments are available at Attachment 2.

The updated Arts and Culture Plan, with track changes following public exhibition, is available at Attachment 1.

Engagement planned

Once adopted, the Arts and Culture Plan will be published on Council’s website with hard copies available from the libraries and customer service. Ongoing engagement with the sector will continue as identified in the plan, and through engagement with South East Arts, Sapphire Coast Destination Marketing, the Museum Advisor program and through the Bega, Eden and Merrimans (BEM) Aboriginal Liaison Committee and Hall Committees. The feedback received will also be considered in the development of the SECCA (South East Centre for Contemporary Art) Strategic Plan scheduled to be completed in 2025.

Financial and Resource Considerations

In identifying actions in the plan, consideration has been made of Council’s capacity and limited financial resources. Over the life of the plan, identified actions will be considered as part of Council’s annual budget process and many are likely to be achievable within existing resource commitments.

The plan clearly identifies actions that will require additional funding to implement. It is intended that their inclusion in this plan will assist Council to secure external grant funding.

The plan has been developed using existing resources in house and with assistance from South East Arts, as part of their annual service agreement with Council.

Legal /Policy

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

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

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

· BVSC Delivery Program 2020-2025

· Disability Inclusion Action Plan 2021-2025

· Library Services Strategic Plan 2020-2025

· Economic Development Roadmap 2023 -2025

· Stage Three A: Aboriginal Cultural Heritage Plan

· Cemetery Plan 2020-2030

· Memorandum of Understanding with the Bega, Eden and Merrimans Local Aboriginal Land Councils

· Events Strategy 2024-2028

Environment and Climate Change

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

Economic

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

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

Risk

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

Social / Cultural

A large number of submissions during the public exhibition spoke to the role of arts and culture in delivering social outcomes, both to individuals and to communities. Advocates of the museum and archive sectors provided feedback on the important role they play in preserving and communicating the shire’s identity and history.

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

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

Attachments

1 ⇩. Arts and Culture Plan - FINAL

2 ⇩. Arts and Culture plan - with track changes

3 ⇩. Public exhibition submissions and staff responses

Council 14 August 2024

Item 8.5

8.5. Adoption of Draft Local Infrastructure Contribution Plan, Voluntary Planning Agreement policy and procedure

This report seeks Council’s support for the adoption of the draft Local Infrastructure Contribution Plan, draft Voluntary Planning Agreements Policy and draft procedure Steps in negotiation of a Voluntary Planning Agreement.

Director Community Environment and Planning

Officer’s Recommendation

That Council resolve to adopt the Local Infrastructure Contribution Plan, draft Voluntary Planning Agreements Policy and Steps in negotiation of a Voluntary Planning Agreement Procedure (Attachments 1, 2 and 3) as amended after public exhibition and publish to Council’s website.

Executive Summary

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

GLN Planning consultancy were engaged to review and update Council’s contributions plan and planning agreements policy and procedure. The resulting draft Bega Valley Local Infrastructure Contribution Plan, Voluntary Planning Agreements Policy and associated draft Steps in negotiation of a Voluntary Planning Agreement Procedure have been publicly exhibited with no public submissions received. Several changes to the exhibited works schedule are proposed for Council’s consideration prior to finalising the documents.

Background

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

At the meeting of 17 April 2024 Council considered a report seeking endorsement to publicly exhibit the draft Local Infrastructure Contribution Plan, Voluntary Planning Agreements Policy and associated procedure Steps in negotiation of a Voluntary Planning Agreement, and resolved:

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

2. That Council conduct an internal workshop on the draft policy and procedure during the exhibition period.

3. That the draft documents be reported back to council for decision which considers any submissions made during the exhibition period.

The Council report that supported this resolution can be found on Council’s website at Item 8.2 at: https://begavalley.infocouncil.biz/Open/2024/04/OC_17042024_AGN_1016_AT.htm#PDF2_ReportName_9047

Local Infrastructure Contribution Plans

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

There are 2 forms of local infrastructure contributions:

· Section 7.11 contributions are charged where there is a demonstrated link between the development and the infrastructure to be funded. Councils prepare contributions plans that specify what infrastructure will be provided and approximately how much it will cost. This is used to calculate a contribution rate per dwelling.

· Section 7.12 levies are an alternative to s7.11 contributions and are charged as a percentage of the estimated cost of the development. The maximum percentage that can be charged in most areas is 1%.

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

The plan’s other purposes are:

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

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

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

Together, the contributions plan, policy and procedure provide the framework for the efficient determination, collection and management of contributions towards the provision of local infrastructure that will be required by the future population.

The draft policy and procedure update Council’s voluntary planning agreements policy and procedure in line with current legislative requirements and best practice guidelines.

The draft contributions plan updates the current plan by incorporating current development forecasts and infrastructure demand and costs and introduces changes to the methodology for contributions rates to align with Council’s Residential Land Strategy 2040 which aims to encourage the development of smaller and more diverse houses. Significantly:

· the current plan does not differentiate between subdivision of smaller and larger lots, whereas the draft plan includes reduced contribution for lots below 550m²

· rates for residential development under the current plan are based on the type of development; with residential flat buildings and multi dwelling housing paying a reduced amount, and bedsitters or 1 bedroom dwellings paying the lowest rate, whereas under the draft plan, rates for residential development are based on the number of bedrooms (or rooms which could be used as bedrooms).

Options

Options available to Council are to:

1. Adopt the draft contributions plan, Voluntary Planning Agreements Policy and associated Steps in negotiation of a Voluntary Planning Agreement Procedure (Attachments 1, 2 and 3) as amended after public exhibition. This is the recommended option to ensure the documents are in line with current legislative requirements and best practice guidelines, reflect current development forecasts and infrastructure demand, and ensure that the works schedule reflects current Council priorities.

2. Adopt the draft contributions plan, Voluntary Planning Agreements Policy and associated Steps in negotiation of a Voluntary Planning Agreement Procedure (Attachments 1, 2 and 3) as exhibited. Although this option will ensure the documents are in line with current legislative requirements and best practice guidelines, development forecasts and infrastructure demand, it is not recommended because the works schedule component of the plan does not reflect current Council priorities.

3. Resolve to not adopt the draft contributions plan, policy and/or procedure. This option is not recommended as the current documents do not reflect current legislative requirements and best practice guidelines, current development forecasts and infrastructure demand or Council’s capital works priorities.

Community and Stakeholder Engagement

Engagement undertaken

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

Councillor workshops were held on 8 February 2023 and 28 February 2024 to inform Councillors of the legislative framework for local infrastructure funding of developer contributions and details of the draft contributions plan, policy and procedure. An additional Councillor workshop was held on 1 May 2024 in accordance with point 2 of the resolution from 17 April 2024.

The draft contributions plan, policy and procedure were publicly exhibited from Friday 3 May until Monday 1 July 2024. Information about the exhibition was published in Council’s newsletter, on the Council website and via media release. Members of the community were encouraged to provide feedback through Council’s ‘Have Your Say’ webpage. The Development Professionals Group was also notified via email.

No submissions were received to the public exhibition.

Engagement planned

If the documents are adopted by Council they will be published on Council’s website and the Development Professionals Group will be notified.

Feedback to exhibition of the draft contributions plan

The exhibited works schedule included only projects over $1M to ensure that the total value of capital works over the life of the plan was not unreasonable given Council’s average annual expenditure on capital works. This methodology resulted in some high and medium priority projects being omitted from the schedule, including some projects that were included in the Long Term Financial Plan 2024-33 that was adopted by Council on 26 June 2024 (during the public exhibition of the documents).

The draft works schedule was reviewed to align with the Long Term Financial Plan 2024-33 and ensure that all projects with medium or high priority status are included. Other changes recommended to the works schedule after public exhibition include:

• Upgrades to the following bridges were removed from the schedule as they are now fully grant funded: Katchencarry Creek bridge, Murrays bridge, Murrabrine Creek bridge and Ritchies Lagoon bridge.

• Cuttagee Lake Bridge upgrade amount was amended to $15m to align with the funding deed.

• A new streetscape project ‘Eden Precinct Snug Cove’ was added.

• Eight (8) projects were moved from the Open Space and Recreation category to Streetscapes.

The changes to the works schedule impacted the proposed contributions rates as outlined in the following table:

Dwelling type		Contribution rate
Existing plan	Draft plan	Existing	Exhibited	Recommended
Vacant residential lots	Vacant residential lots 550m2 and above	$11,965	$16,743	$16,010
Vacant residential lots	Vacant residential lots less than 550m2	$11,965	$11,254	$10,761
Detached dwelling houses	3+bed dwelling	$11,965	$16,743	$16,010
Detached dwelling houses	2-bed dwelling	$11,965	$11,254	$10,761
Units, apartments or townhouses	3+bed dwelling	$8,321	$16,743	$16,010
Units, apartments or townhouses	2-bed dwelling	$8,321	$11,254	$10,761
Bed-sitters or any type of 1-bed dwelling	1-bed dwelling	$7,386	$9,538	$9,121

No feedback was received on the draft policy and procedure.

Financial and Resource Considerations

The $100,000 project cost was funded by receipted developer contributions.

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

A total estimated cost of local infrastructure needed to support population growth over the 13 year life of the plan and the estimated funds to be received for these items from the contributions plan is listed below. These amounts have been amended following the public exhibition to reflect the proposed changes to the works schedule outlined in the previous section.

Item	$ Excluding GST
Item	Estimated total cost of local infrastructure in the contributions plan works schedule	Estimated total funds to be received from the contributions plan
Roads	$65,760,999	$7,638,574
Open space and recreation	$68,694,771	$17,173,693
Community facilities	$5,897,143	$1,474,286
Streetscape (Roads)	$3,458,197	$864,549
Plan administration	$407,267	$407,267
TOTAL estimated	$144,218,377	$27,558,368

Legal /Policy

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

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

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

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

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

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

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

Environment and Climate Change

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

Economic

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

Risk

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

Social / Cultural

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

Attachments

1⇩. Draft Bega Valley Shire Local Infrastructure Contributions Plan (as amended after exhibition)

2⇩. Draft Voluntary Planning Agreement Policy 4.11

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

Council 14 August 2024

Item 8.6

8.6. Draft Merimbula and Back Lake Coastal Management Program

This report seeks Council’s support to exhibit the Draft Merimbula and Back Lake Coastal Management Program.

Director Community Environment and Planning

Officer’s Recommendation

1. That Council resolves to publicly exhibit the Draft Merimbula and Back Lake Coastal Management Program (Attachments 1-3) for a period of not less than 28 days, noting that public exhibition will not commence until after the NSW local government election caretaker period expires.

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

3. That if there are no substantial changes arising from the public exhibition, that staff progress the draft Coastal Management Program for Merimbula and Back Lake to finalisation and certification without a further report to Council.

Executive Summary

The NSW Government has established a coastal management framework to manage the coastal environment in an ecologically sustainable manner and to protect and enhance the social, cultural and economic values of our coastal zones.

In line with this, Council is developing a series of Coastal Management Programs (CMPs) for the Bega Valley coastline. The first CMPs to be developed were the draft Bermagui River CMP, draft Lake Curalo CMP and draft Wallaga Lake CMP. This report seeks Council’s endorsement to place the next draft CMP on public exhibition, being for Merimbula and Back Lake, for a period of four weeks.

Background

Council has a long history of proactive management of its estuaries and beaches under the former estuary and coastal management frameworks, including preparation of numerous estuary studies and management plans. In 2016 the NSW Government changed the coastal management framework to manage the coastal environment in an ecologically sustainable way for the social, cultural and economic wellbeing of the people of NSW.

Council is currently developing a series of Coastal Management Programs (CMPs) for the Bega Valley Shire coastline as identified in the following table:

Table 1: CMP status

Location	Status
Bermagui River	Exhibition completed, no substantial changes required, staff finalising CMP
Lake Curalo	Exhibition completed, no substantial changes required, staff finalising CMP
Wallaga Lake	Draft completed and awaiting public exhibition
Merimbula and Back Lake	Draft completed

This report seeks Council endorsement to exhibit the Draft Merimbula and Back Lake CMP.

Each draft CMP is the product of an extensive body of work and supporting reports as highlighted in Figure 1 below.

A diagram of coastal management programs

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Figure 1: Coastal Management Program report hierarchy

These supporting studies are available for public viewing on Council’s website: https://begavalley.nsw.gov.au/services/coastal-management-programs-cmps

Ongoing amendments to the Coastal Management framework and the resulting requirements on councils has resulted in significant delays in the completion of the draft CMPs. However, following significant work by staff, consultants, state agency staff and community stakeholders, the draft Merimbula and Back Lake CMP is now ready for public exhibition.

The coastal zone is highly valued by the community for its recreational and amenity benefits, its cultural heritage, and as a key driver for the economy of the region. However, the coastal environment is under a mix of pressures including development, land use practices and climate change related factors. The preparation of CMPs presents a valuable opportunity to support sustainable management of the coastal environment, its values and its resources for current and future generations.

Coastal Management Programs set the long-term strategy for the coordinated management of the coast and must be prepared in line with the NSW Coastal Management Manual to meet the objectives of the Coastal Management Act 2016. A CMP provides a mechanism to develop and deliver actions to mitigate the threats to the study areas community values, ecological values and economic benefits and deliver a long term, risk-based strategy to manage coastal hazards, climate change and other risks likely to manifest over the next 100 years.

There are multiple incentives and benefits for Council to complete a CMP, including:

· Coordinated and strategic management of the coastal zone: CMPs will provide a coordinated, strategic and integrated approach to sustaining the coastal zone over both the immediate and medium term with consideration of long term vision and trends.

· Key driver to improve collaboration between, and ownership, by local and state agencies: The legal status of CMPs given under Section 23 of the Coastal Management Act states, ‘other public authorities to have regard to coastal management program and coastal management manual’.

· Increased funding opportunities: Funding opportunities are available for actions within CMPs via the NSW Coastal and Estuary Grants Program and the Marine Estate Management Strategy.

· The coastal and estuary grants program supports local councils to prepare and implement CMPs and to deliver the objects of the Coastal Management Act 2016. The NSW Government will provide $2 for every $1 provided by Council (2:1 ratio) to support the implementation of actions identified in a certified CMP.

Management Strategies and Actions

The CMP outlines the key management strategies and associated actions proposed to address the identified pressures and threats to the identified environmental, social and economic values of each study area.

The Merimbula and Back Lake CMP identifies the following 7 broad threats:

1. Decline and Ecological Health and Diversity

2. Catchment Runoff and Urban Pollutants

3. Structure and Function of the Lake

4. Lack of Knowledge of Estuary Processes, Health and Condition

5. Coastal Hazards

6. Degradation of Foreshore and Beach Integrity

7. Reduced Amenity, Recreational Value and Community Satisfaction

Details of the proposed actions to address each of these broad threats is outlined in Tables 3.5-3.12 of Attachment 2.

Options

Options available to Council are to:

1. Place the Draft Merimbula and Back Lake CMP on public exhibition for a period of not less than 28 days. At the end of the exhibition period, if there are substantial changes required arising from public exhibition, a further report would be submitted for Council’s consideration. If no substantial changes are required, the CMP would be submitted to the NSW Government for final review and certification. This is the recommended option.

2. Resolve not to exhibit the Draft Merimbula and Back Lake CMP. This option is not recommended as the CMPs provide a strategic approach to coastal management to meet the objectives of the Coastal Management Act 2016 (CM Act) and will enhance Council’s ability to secure grant funding in the future.

Community and Stakeholder Engagement

Engagement undertaken

During the initial consultation period in 2017, community-wide engagement was undertaken to inform the community about the commencement of project and how to get involved. This was done via the following methods:

· Media release for print news, Council website and Facebook

· Promotion via a project flyer for public distribution via letter box drop to approximately 300 landowners in the upper catchment and display in public spaces

· Online survey to provide community and stakeholders the opportunity to identify issues and values of importance to them

· An external project website was in place from 2017-2020 however, this content was relocated onto Council’s website in 2020: https://begavalley.nsw.gov.au/services/coastal-management-programs-cmps

· Local radio announcement via South East ABC Rural Report

· Key representatives of identified stakeholder groups were notified via email correspondence

In February 2017, Council assembled a project focus group for each estuary that consisted of stakeholders, Councillors, Council staff and community representatives to oversee the development of the CMP. Community representatives were selected via an expression of interest (EOI) application process which was advertised in local print media and on Council’s website.

The role of the focus group was to collaboratively:

· review, discuss and provide feedback on all project documentation and reports

· represent the opinions and views of the broader community on estuary management issues

· provide the liaison relationship between the project team and other members of the community

· attend meetings and contribute discussions to the evaluation of issues and actions in terms of risk management framework.

Additional meetings have been held with key stakeholders including Local Aboriginal Land Councils and government agencies to finalise the proposed management actions.

Engagement to date has followed a comprehensive and dynamic Stakeholder Engagement Strategy, the details of which are available on Council’s website.

Engagement planned

In accordance with Council’s Community Engagement Strategy, the next phase of the engagement process will inform and consult with the community. It is proposed to provide information about the draft CMP through Council’s newsletter, website, a media release and social media. Members of the community will be encouraged to provide feedback through Council’s ‘Have Your Say’ webpage.

Financial and Resource Considerations

The four draft CMPs as listed in Table 2 were initially funded via a 1:1 grant under the NSW Coastal Management Program. Changes to the grant program guidelines allowed Council to seek 2:1 funding to complete the final stages of the draft CMPs. The cost of the preparation of each of the CMPs is detailed in the table below.

Table 2: Draft CMP funding sources

Estuary	Grant Contribution	Council Contribution (from E-Levy)	Total project cost
Bermagui River CMP	$90,296.00	$66,295.50	$156,591.50
Lake Curalo CMP Wallaga Lake CMP Merimbula/Back Lake CMP	$136,343.00	$89,676.50	$226,019.50
TOTALS	$226,639.00	$155,972.00	$382,611.00

Each of the draft CMPs are required to include a ‘business plan’ that estimates the expenditure required over the next 10 years if all items listed in the draft CMP were to be implemented. Given the long timeframe for the CMPs to be implemented, estimated costs presented in the ‘business plans’ will likely be revised and considered over the lifetime of the CMP prior to individual actions being implemented.

Legal /Policy

In 2016, the NSW Government passed the Coastal Management Act 2016 (CM Act) that replaced the Coastal Protection Act 1979 and established the current strategic framework for managing coastal issues in NSW.

The current framework comprises:

· Coastal Management Act 2016 (CM Act)

· State Environmental Planning Policy (Resilience and Hazards) 2021 (RH SEPP)

· Coastal Management Programs (CMPs) prepared in accordance with the Coastal Management Manual (the ‘Manual’)

The CM Act promotes ecologically sustainable development of the coastal zone and identifies

the importance of the natural, social, cultural and economic values of the coast. It provides a

legislative framework for coordinated coastal planning across NSW and supports the aims of the Marine Estate Management Act 2014, as the coastal zone forms part of the marine estate

Under the CM Act, the coastal zone is defined as comprising four coastal management areas that include:

1. Coastal wetlands and littoral rainforests area (CWLRA) – areas which display the characteristics of coastal wetlands or littoral rainforests that were previously protected by SEPP 14 and SEPP 26

2. Coastal vulnerability area (CVA) – areas subject to coastal hazards such as coastal erosion and tidal inundation

3. Coastal environment area (CEA) – areas that are characterised by natural coastal features such as beaches, rock platforms, coastal lakes and lagoons and undeveloped headlands.

4. Coastal use area (CUA) – land adjacent to coastal waters, estuaries and coastal lakes and lagoons

The State Environmental Planning Policy (Resilience and Hazards) 2021, known as the Resilience and Hazards SEPP, provides mapping that identifies the extent of each coastal management area that make up the coastal zone, for the purposes of both the Coastal Management Act 2016 and the Environmental Planning and Assessment Act 1979.

The Resilience and Hazards SEPP imposes targeted development controls for each management area to guide appropriate development within the coastal zone. It should be noted that the state government did not map the coastal vulnerability area (CVA) however it can be mapped by Council via a planning proposal process that would require consultation with the community and public exhibition. CVA mapping needs to be informed by critical analysis and modelling of potential coastal hazards (i.e. coastal inundation, tidal inundation, beach erosion, shoreline recession, coastal cliff or slope instability). Amendments to mapping of other coastal management areas can also be made by Council via a similar planning proposal process.

Coastal Management Programs (CMPs) set a long-term strategy for the coordinated management of the coast. The Department of Climate Change, Energy, the Environment and Water (DCCEEW – Coasts and Estuaries) is responsible for the CM Act and supports local councils to develop CMPs in accordance with the Coastal Management Manual through grant funding and providing technical assistance.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

A mandatory requirement for CMPs under the CM Act is to establish the links between management strategies in the CMP and outcomes, goals and objectives set out in the Bega Valley Community Strategic Plan 2042 (CSP) and Council’s Integrated Planning and Reporting (IP&R) framework.

The CMPs align with the Bega Valley CSP objective that we embrace sustainable living and value and conserve our natural environment. The development of the CMPs specifically addresses the objectives:

· Our air and water are pristine, and our natural environment and rural landscapes are protected.

· We act to adapt to and mitigate the effects of climate change.

Environment and Climate Change

Preparing CMPs for areas within the Bega Valley Shire provides a long-term strategy for the coordinated management of priority areas and risks within the coastal zone. Values of the coastal zone are identified in the draft CMPs and potential threats to these have been assessed for current, 20 year, 50 year and a 100 year time frames incorporating projected impacts of climate change. The draft CMPs detail management actions to maintain and enhance the ecological health of each estuary and adjoining coastal zone, including good water quality and protecting aquatic habitats important to fish and other fauna.

The CMPs also address the risk of coastal hazards including coastal and tidal inundation and coastal erosion factoring in climate change and sea level rise. Management actions have been identified to prepare and reduce potential impacts.

The CMPs also directly meet actions N1-N8 within the Natural Systems – Coast and Marine section of the Bega Valley Climate Resilience Strategy 2050.

Economic

Maintaining and enhancing the ecological health of the estuary, including good water quality

and protecting aquatic habitats important to fish and other fauna, is vital to sustaining the many recreational and socio-economic opportunities enjoyed by the community. Without appropriate management controls, pressures such as catchment development, pollution and land-use disturbance pose an ongoing threat to the ecological condition of the estuary.

Risk

The CMPs contain a detailed risk assessment of threats to each estuary including coastal hazards, degradation of foreshore areas, catchment runoff, natural resource use and recreation. For each threat, a series of site specific actions have been developed to mitigate impacts.

Social / Cultural

The Bega Valley Community Strategic Plan 2042 identified the ‘beautiful natural environment’ as the top aspect (21.6%) that made the Bega Valley Shire a great place to live with environmental sustainability highlighted as a key focus over the next 10 years. Completion of the CMPs and implementation over the next 10 years will meet the priorities of the community ensuring the long-term health of our waterways and surrounding natural areas.

Cultural Heritage has been addressed in the reports in terms of risk to values and opportunities to protect or enhance key sites, provide better education to the broader community and provide for ongoing consultation and involvement of indigenous groups and people in coastal management.

Attachments

1 ⇩. Merimbula and Back Lake CMP Draft - Part 1: Executive Summary

2 ⇩. Merimbula and Back Lake CMP Draft - Part 2: References

3 ⇩. Merimbula and Back Lake CMP Draft - Part 3: Appendices

Council 14 August 2024

Item 9.1

9.1. Adoption of Bega Valley Shire Active Transport Strategy

The public exhibition of the Draft Bega Valley Shire Active Transport Strategy has now concluded, and the revised strategy is presented to Council for adoption.

Director Assets and Operations

Officer’s Recommendation

1. That Council resolve to adopt the attached Bega Valley Shire Active Transport Strategy.

2. That the Bega Valley Shire Active Transport Strategy be made publicly available.

Executive Summary

The Bega Valley Shire Active Transport Strategy will guide the vision and high-level direction for active transport in the Shire for the coming seven years and provide a reference point for Bega Valley Shire Council policy and infrastructure decisions. The strategy will be complemented by a prioritised action plan with identified funding streams. The strategy is informed by feedback from the community, community partners, state agencies and Bega Valley Shire Council officers.

At the Council meeting of 12 June 2024, Council resolved to publicly exhibit the Bega Valley Shire Active Transport Strategy. The public exhibition period has now closed, and submissions have been considered.

Background

In 2012, Bega Valley Shire Council 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. Additionally, Bega Valley Shire Council has recognised the need 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, Bega Valley Shire Council engaged PSA Consulting to assist with the development of the shire-wide active transport strategy that will now shape the Bega Valley Shire Councils strategic active transport agenda for the next seven years. When referring to ‘active transport’, accessibility and inclusivity are key, so that when travelling between and within towns, everyone is able to utilise active transport infrastructure wherever possible.

Active transport is defined as walking, riding, or rolling, whether as a pedestrian, on a bicycle, an e-scooter, a wheelchair, or any other mobility device.

The strategy has five strategic objectives:

1. Safe - Maximise real and perceived safety to encourage the uptake of active transport.

2. Connected - Provide a cohesive network of paths, crossings, and amenity within centres that prioritise active transport users at key points.

Provide connections to recreational facilities.

3. Inclusive - Ensure the network is inclusive for all ages and abilities.

4. Enjoyable - Provide supporting amenities (for example, benches, shade cover) to support active transport as an enjoyable experience.

Attract active transport tourism.

5. Sustainable - Ensure infrastructure is sensitive to its local environment and represents value for money.

Encourage uptake of active transport and shift trips away from private vehicles, supporting Council’s sustainability goals.

The Bega Valley Shire Active Transport Strategy supports the implementation of the BVSC Climate Resilience Strategy and the zero emissions goal by 2050.

These objectives are underpinned by 34 actions, in the following locations.

· Shire wide (16)

· Bermagui (5)

· Bega (4)

· Merimbula (2)

· Eden (3)

· Tathra (2)

· Pambula (2)

The majority of these actions will require additional funding or resources to deliver and have been included to assist Bega Valley Shire Council to secure external grant funding.

Options

1. Adopt the Bega Valley Shire Active Transport Strategy with suggested amendments as the proposed amendments represent feedback from the community and clarify information and recommendations in the strategy (refer to Summary of Feedback section of this report). This is the recommended option.

2. Adopt the Bega Valley Shire Active Transport Strategy without the suggested amendments following public exhibition. This option is not recommended.

3. Resolve not to adopt the Bega Valley Shire Active Transport Strategy. This option is not recommended. Public submissions were strongly supportive of the strategy. The strategy will shape the Bega Valley Shire Councils strategic active transport agenda over the next 7 years and assist with advocacy for funding and resources to deliver on its objectives.

Community and Stakeholder Engagement

Engagement undertaken

Prior to the formal exhibition period, stakeholder engagement consisted of a councillor workshop, a series of community workshops and the development and distribution of an online survey. The purposes of these engagement activities are summarised below.

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 within 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 activities outlined, 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 were considered when formulating the final strategy document.

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.

The public exhibition period commenced on 19 June and closed on 10 July 2024.

Engagement planned

If adopted and resourced, implementation of several actions from the Bega Valley Shire Active Transport Strategy will require ongoing engagement with key stakeholders. These include:

1. S3 - Engage local accessibility consultant to assess centres, identify mobility impediments/obstacles and map accessible intra-centre routes.

2. S6 - Convene staff working group to engage community regularly on active transport matters, encourage participation, and leverage community interest and enthusiasm.

Summary of feedback

Bega Valley Shire Council received one email submission and 25 responses to the “Have Your Say” page. Overall responses received were broadly positive and constructive. Three respondents were partly supportive. The remainder were fully supportive. Responses are consistent with the direction of the strategy and were used to inform the active transport action plan identified within the strategy and to inform future funding applications. These comments have been incorporated into the final version.

Summary of the changes made to the Bega Valley Shire Active Transport Strategy following public exhibition.

The following amendments have been made to the strategy:

· Introduction (page 1)

o Extra text in the ‘What is active transport?’.

· Strategic vision and objectives (page 4)

o Added literature review to make background tasks clear.

o Added extra text in ‘sustainable’ (page 4).

The Bega Valley Shire Active Transport Strategy supports the implementation of the BVSC Climate Resilience Strategy and the zero emissions goal by 2050.

· Active transport network review (page 8)

o Made clear the ownership/environmental impact of Wallaga Lake dirt track.

· Action Plan (page 24-39)

o Added text to make sure the ID doesn’t get confused with prioritisation.

o Added text to emphasise the focus on intra-centre connections.

o Updated actions S2, S3, and S13 to make intra-centre connections the priority.

o Updated actions S6 and S11, S11 was also expanded upon in the Funding and Monitoring section at the end of the document.

o Added new action S15 around speed limits.

o Added new action S16 around green travel plans.

o Updated action BE2 to extend pathway to community hall.

· Cost Estimates (page 41-42)

o Updated unit cost table.

o Updated monitoring and evaluation commitment in line with S11.

Financial and Resource Considerations

This project is fully funded through the funding administrator Transport for NSW (TfNSW), Get NSW Active program 2022/23 for $110,000. Bega Valley Shire Councils contribution to the project is by way of specialist staff and provision of available data and existing technical studies. TfNSW has confirmed they will endorse the Bega Valley Shire Council Active Transport Strategy, once adopted and published by Bega Valley Shire Council.

On adoption, the Bega Valley Shire Active Transport Strategy will guide the direction of future funding applications, annual budgets and work programs will be developed to support the actions outlined in the strategy.

Legal /Policy

Legal and policy options to deliver improved active transport outcomes within the Shire that were considered in the Bega Valley Active Transport Strategy include the following:

· Crown Land Management Regulation 2018

· TfNSW Active Transport strategy

· South East and Tablelands Regional Plan

· Local Strategic Planning Statement 2040

· The Movement and Place Framework

· TfNSW Cycleway Design Toolbox

· NSW Guide to Walkable Public Space

· TfNSW Walking and Spaces guide

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

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

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

• Pedestrian friendly town layouts.

• Reduction in vehicle reliance.

The Active Transport Strategy achieves the objectives of the TfNSW 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. The TfNSW Active Transport Strategy 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.

The TfNSW 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. It also aims to double the number of children walking or riding to school in major centres in the six cities region. However, the TfNSW Active Transport Strategy 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 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, which presents different themes for planning in the area. The theme of supporting a connected and active region, including the objective plan for Walkable Centres is also addressed. 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 Bega Valley Shire Council Active Transport Strategy 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. It also encourages mode share shift to active transport modes.

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 strategy supports the effective management of the active transport network for the next seven years. By understanding active transport trends and anticipating future demands on the network, Bega Valley Shire Council can effectively plan for future services, minimising financial and other risks.

Social / Cultural

The 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

1 ⇩. Bega Valley Active Transport Strategy

Council 14 August 2024

Item 9.2

9.2. Merimbula Skatepark - Concept Design

This report provides background on the Merimbula Skatepark project to be located at Ford Park and provides a final Concept Design for Council endorsement to enable continued progress on the design development, procurement, and construction.

Director Assets and Operations

Officer’s Recommendation

1. That Council receive and note the information in the report and attachment, including responses and feedback received during the consultation process.

2. That Council endorses the attached Concept Design (Revision D) for Merimbula Skatepark and progresses to detailed design for procurement and construction.

3. That Council delegate authority to the Chief Executive Officer to endorse amendments to the design to benefit the project and fit within the project budget if required.

Executive Summary

The existing skatepark in Merimbula is currently situated at the Berrambool Sporting Complex. It is aging, does not meet user needs and is due for renewal. Community engagement and consultation was previously undertaken regarding siting options for a replacement skatepark which confirmed community and Council support for Ford Park, Merimbula, as the preferred location. This information was most recently reported to Council on 22 March 2023 when Council resolved:

1. Council gives in principle support to apply for $500,000 as part of the Australian Governments Investing in Our Communities Program, subject to conditions.

2. That Ford Park would be the preferred site for the new skatepark to replace the aging facility at Berrambool.

3. That Council Commit to working with Sapphire Skate Association Inc to seek further funding to complete the Merimbula Skate Park.

This report provides project progress since the 22 March 2023 Council meeting and includes a preferred concept design to progress into the detailed design, procurement, and construction delivery phase.

Background

The Merimbula Skatepark project and consultation has now been ongoing for 5 years. It has involved community meetings, establishment of a project working group, consultation with the wider Bega Valley Shire Community, reports the Council and a grant funding application. The project has been reported to Council previously on 20 October 2020, June 2021 and most recently on 22 March 2023,

On 21 June 2023 a Councillor workshop was held which presented the design brief for the project and indicated a general proposed location for the skatepark at Ford Park, Merimbula, showing its connectivity to the other existing site functions and uses. At the workshop it was noted that the proposed location was positioned relative to connectivity to other facilities and that Ocean Street, and the existing playground would act as a visual and acoustic buffer between the skatepark and residential and holiday units on Ocean Street. Councillor feedback from the workshop was agreement with the project design brief, which was then included as part of a grant funding application to the Federal Governments Investing in Our Communities Program.

Following the workshop, the BVSC project team had discussions with the Sapphire Coast Skate Association and a project working group involving the main users of the area, to progress a concept design. This project group included the following stakeholders.

1. Sapphire Coast Skate Association

2. BasePlate Skate Designers (Engaged by Sapphire Coast Skate Association)

3. Merimbula Rotary

4. Merimbula Sailboard Club

5. Sapphire Coast Board Riders

6. Merimbula Basketball

7. Merimbula Netball

8. Eden Local Aboriginal Land Council

9. BVSC Access & Inclusion Advisory Committee

On 3 November 2023 Bega Valley Shire Council finalised the funding deed with the federal government for $500,000 under the ‘Investing in Our Communities Program’ to deliver the Merimbula Skatepark. The project budget also includes an additional $30,000 contribution raised by the Sapphire Coast Skate Park Association to put towards design work bringing total funds available to $530,000.

A draft Concept Design (Revision B) was completed in April 2024 and submitted to the BVSC project team for comment and feedback. The draft concept design was also distributed for wider neighbourhood comments which are discussed further below.

A final meeting with the project working group was held on 23 July 2024 to discuss the feedback received and concept proposals. Based on feedback and comments received amendments to the draft concept design have been made. A final draft Concept Design (Revision D) for the Merimbula Skatepark project is attached to this report for Councils consideration.

Options

1. Council endorses the attached final Concept Design (Rev D) enabling the project to progress to detailed design, procurement and then construction. This is the preferred option.

2. Council does not endorse the Concept Design (Rev D) noting that this will impact on the project program and project delivery, and potentially impact meeting requirements of the grant funding deed. This is not the preferred option.

Community and Stakeholder Engagement

Engagement undertaken

The Merimbula Skatepark consultation has now been ongoing for 5 years involving community meetings, meetings with community organisations, the wider Bega Valley Shire Community and reports to Council.

In 2020 Council engaged with the community to gather feedback on a preferred location for skatepark to preplace the aging facility which is due for renewal. There were four sites considered being Berrambool Sportsground, Ford Park, Spencer Park and an area at the south of the Merimbula boat ramp carpark. A communications and engagement plan were prepared at that time for consultation, with Councillors informed of its development and the need to undertake community consultation. A multi-faceted approach to engaging and communicating with key stakeholders and the broader community was undertaken during the consultation process. This process and the outcomes of the consultation have been reported to Council on 28 October 2020, 16 June 2021, and 22 March 2023. A summary of the consultation and feedback is provided below.

2020 Merimbula Skatepark Location Consultation Summary:

Methods to provide feedback were:

· Online survey poll and comments through Bega Valley Shire Council’s (BVSC)’Have Your Say”.

· Written submissions received via email at skatepark@begavalley.nsw.gov.au

· Facebook comments

In total, 506 votes were received on the ‘Have your say’ page, including 19 comments received via Council’s ‘Have your say’ website, 75 comments via Council Facebook page and 10 email submissions, with some containing letters and other attachments.

A survey was also undertaken asking the community what sort of skatepark they would like to see developed in Merimbula. This survey received 144 responses. Results of this survey assisted with creating a design brief for the concept design phase of the proposed skatepark.

The opportunity to comment was promoted through social media, with a Facebook post on the 24 August 2020 informing the community of the ‘Have your Say’ page reaching 12,312 people. Of this reach, 233 then went on to visit the ‘Have your Say’ page. This Facebook post contributed 75 comments and 23 shares.

The above figures represent good engagement across the community with a significant majority confirming Ford Park as the preferred location. While it was noted there were some differing opinions the strong support for Ford Park as the preferred location, along with site considerations, informed the staff recommendation of Ford Park as the preferred location for a new skatepark in Merimbula.

The full 28 October 2020 Council report and attachments including survey results are available on Councils website. https://begavalley.infocouncil.biz/Open/2020/10/OC_28102020_AGN_599_AT.htm#PDF2_ReportName_6225

Neighbour Notification

On 6 June 2024 and on completion of a draft concept design, Council distributed notifications to local residences directly neighbouring the site. The notification letter included a link to project information on the BVSC website including the draft concept design and previous Council reports for background, as well as an opportunity to provide feedback by email to skatepark@begavalley.nsw.gov.au. In total, 37 resident letters were distributed with 6 residents replying (five by phone and one in writing).

During the notification period it became evident that several east facing properties in the Coast Apartments building did not receive the original mail out. The Strata Manager informed Council staff of the problem and a check of the mail out confirmed an error in formatting of the distribution list. The Strata Manger had already forwarded the mailout by email to property owners on 18 July 2024 and was thanked by Council staff for this proactive action. Council staff additionally distributed the notification to east facing Coast Apartment properties overlooking Ford Park on 24 July 2024, and requested feedback be provided by Monday 12 August. Any feedback received will be forwarded to Councillors prior to the 14 August 2024 Council meeting for transparency prior to any decision being taken.

Issues raised to date by residents along with staff comments are summarised in the table below. They are similar in nature to those raised and considered during the broader skatepark location community consultation reported to Council on 28 October 2020.

ISSUE NO.	RESIDENT COMMENT / ISSUE	BVSC COMMENT / RESPONSE
1.	Ford Park provides the only ’passive’ green space in Merimbula. To construct a skate park in Ford Park would deprive the area of the much-needed passive recreational area.	There are other passive recreation opportunities in the Merimbula area including Spencer Park, Beach Street foreshore, Fishpen foreshore and Short Point. The attached concept design retains the large open space area to the north of the playground.
2.	The area does not have adequate car parking facilities now. The additional cars which would be generated by the skatepark cannot be accommodated in the vicinity of the proposed site.	Skateparks typically do not add significant parking demand, with users often walking, cycling, or being dropped off. Higher use times are often in the afternoons when there is generally better parking availability. Any skatepark related events will be deconflicted with other known use and planned events.
3.	I consider that the presence of a skatepark in Ford Park will have a detrimental impact on the sensitive coastal environment particularly the sand dunes.	A Review of Environmental Factors (REF) report is being undertaken. It is noted the site has been cleared, levelled, and used as a sports oval and parkland area for many years. It is considered that there will not be any additional impact on coastal environment and sand dunes. Mitigations, if required, will be directed within the REF document.
4.	The proposed size and dimensions of the skatepark are disproportionate to the available area, leaving insufficient area for other recreational activities. Thus, rendering the remaining part of the park unable to fulfill the great need for passive greenspace.	The comment has been noted and the projects footprint has been shifted approximately 15m further to the southeast of the site. The attached concept design retains the large majority of open space at Ford Park. Merimbula Rotary who are regular users of the open area have been a member of the project working group and are supportive of the project.
5.	Insufficient consultation with the residences.	This report has referred to previous skatepark site selection reports and the notification and engagement considered in selection of Ford Park as the preferred location. Those reports note there were some differing views within the community, but that Ford Park had the majority of broader community support. This report identifies notification of the project concept planning to properties directly neighbouring the site.
6.	Ford Park within a flood zone.	Merimbula and Back Lake Flood study confirms that Ford Park is not in a flood zone.
7.	Preference for Skatepark location to between playground and sand dunes, to reduce noise and visual impacts.	The feedback is noted and agreed. The concept location has been revised and moved approx. 15m to the south-east reflecting this feedback.
8.	Is it intended to supply lighting, concern for noise and unlawful behaviour.	There is no intention to install additional lighting.
9.	Why is there no Development Application for this project.	Merimbula Ford Park is zoned RE1 Public Recreation under Bega Valley Local Environment Plan 2013 (BVLEP 2013). Regulations regarding development of recreation facilities are often addressed under Division 12 of State Environmental Planning Policy (Infrastructure) 2007 (Infrastructure SEPP). The upgrade of the skatepark is regarded as development permitted without consent under clause 65 of the Infrastructure SEPP hence a typical ‘Development Application’ is not required. Under the SEPP, the process is to undertake a Part 5 Infrastructure and Environmental Assessment under the EP&A Act 1979, which will require a Review of Environmental Factors (REF).

Engagement planned

Further engagement and consultation will occur the Sapphire Coast Skate Association as required during the detailed design phase of the project. Progress updates will be provided to the project working group. Community updates will be issued advising of major milestones such as the commencement of site works.

Financial and Resource Considerations

Item	$ Excl GST
Expenditure Detail
Design Fees	$30,000
Skatepark Project Delivery Estimate	$500,000

Total Expected Expenditure	$530,000

Source of Funds
Sapphire Coast Skate Park Association Inc	$30,000
Investing in Our Communities Program Grant (Federal Funding)	$500,000
Total Income Available	$530,000

Total Project Capital Cost	$530,000
Total Available Construction Funding	$530,000
Project Funding Shortfall	Nil

Financial Option Impacts | Life Cycle Costing

Ongoing Financial Impacts	$ Excl GST
Capital Investment \| Renewal (todays $)	$530,000
Annual maintenance and operational costs	$750
Depreciation costs	$10,000 per annum
User charges (annual income)	Not applicable

Legal /Policy

Property details of the Merimbula Ford Park reserve area are provided in the below.

Lot and DP	Property Name	Status
Lot 7006, DP 1020051	BVSC Managed Crown Reserve # 77269 - Ford Park	BVSC Managed Crown Land

Council staff have undertaken a Native Title Assessment which has not identified constraints for the project.

BVSC Planning have advised that:

· The State Environmental Planning Policy (Transport and Infrastructure) SEPP 2021, Division 12 Parks and other public reserves would be the approval process for this project.

· Clause 2.73 can apply as Ford Park is a reserve managed by Council. Under the Standard Instrument definitions, recreation facilities (outdoor) would include a skatepark.

· Under the SEPP, the process is to undertake a Part 5 Infrastructure and Environmental Assessment under the EP&A Act 1979, which will require a Review of Environmental Factors (REF).

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

Community Strategic Plan Strategy: D.5 Collaborate with partners to provide open space, facilities, activities and services that encourage more people to have active and healthy lifestyles and improve accessibility.

Delivery Program: D5.4 - Undertake capital projects to renew and upgrade recreation facilities including boating infrastructure, play & skate, parkland, public toilets and sporting facilities and assets.

2024/25 Operational Plan:

D5.4.4 Progress with and deliver projects for Play & Skate infrastructure – Merimbula Skatepark

This project reflects an asset renewal approach and the asset management challenge faced by Council. The skatepark will be a similar size and replace the existing facility at Berrambool Sportsground which will be demolished.

Environment and Climate Change

The site has been cleared, levelled and has been used as a sports oval and parkland for many years. A Review of Environmental Factors (REF), which includes detailed Cultural Heritage Due Diligence assessment, is being finalised for this project and will be submitted to BVSC’s planning department for review and confirmation of compliance with requirements.

Economic

The development of the skatepark will benefit local businesses as well as the health and wellbeing of the local community.

Considered design can also see the project link directly to the ‘accessible and inclusive tourism market’ in terms of use and spectating, linking well with the inclusive playspace adjacent. The project will see a contemporary skatepark facility added to Merimbula’s recreational opportunities.

Risk

The key risks for Council relate to delivering this project within the project timeframe and within budget.

The funding deed related to the project has provided a comfortable timeframe for design, planning, procurement and delivery. Having the concept design endorsed by Council at this stage of the design and planning phase of the project ensures that the timeframes remain on track.

Costs associated with its delivery will not be finalised until staff have been able to complete project procurement activities. Should project budgets be exceeded, Council may have to rescope works or remove items from the delivery phase or re-prioritise other projects.

Social / Cultural

The development of this skatepark will provide health and wellbeing benefits to the local community. The project relates to, and links well with the inclusive playspace and multi-use courts nearby creating a recreation hub sharing related facilities and amenities. It will provide opportunities for physical activity and social connection. On completion of this project, Ford Park will be an area that many locals and tourists will visit and enjoy.

Attachments

1 ⇩. Merimbula Skatepark - Concept Design - V Design revision D

Council 14 August 2024

Item 9.3

9.3. Request for Tender (RFT) 2324-054 Wallaga Lake Koori Village Water and Sewerage Operations and Maintenance

The NSW Department of Climate Change, Energy, Environment and Water (DCCEEW) request for Council to re-enter into the Aboriginal Communities Water and Sewerage Program (ACWSP) five (5) year Service Agreement for the Wallaga Lake Koori Village (WLKV) commencing 1 October 2024.

This report recommends re-entering into the service agreement with DCCEEW and awarding a contract for external provision of services in accordance with RFT 2324-054 as outlined in the report and attachments.

Director Assets and Operations

Officer’s Recommendation

1. That Council agrees to re-enter into the ACWSP five (5) year service agreement.

2. That Council accept the recommendations outlined in the attached confidential memo.

3. That Council accepts the tender from xxx in relation to the works described in RFT 2324-051 in the amount of $xxx (incl. GST), subject to variations, provisional sums, and prime cost items.

4. That authority be delegated to the CEO to execute all necessary documentation.

5. That all tenders be advised of Council’s decision.

Executive Summary

The Department of Climate Change, Energy, the Environment and Water (DCCEEW), under the Aboriginal Communities Water and Sewerage Program (ACWSP), have sought Council’s renewed assistance for the provision of Water and Sewerage Services to Wallaga Lake Koori Village (WLKV) Community, with renewal of a five-year Service Agreement commencing 1 October 2024.

To fulfill the obligation of the Service Agreement, Council has sought tenders from Qualified contractors.

All costs associated with the Service Agreement are payable by DCCEEW. Cost recovery for BVSC includes wage and material costs for the delivery of all services. W&SS staff costs to administer and supervise the subcontract are also recovered by way of an administrative fee.

Background

The WLKV is located at Akolele within the Eurobodalla Shire Council Local Government Area. The village comprises approximately 32 homes and associated community buildings. DCCEEW is responsible for the management of water and sewerage services to the community, under the Aboriginal Communities Water and Sewerage Program.

Water is supplied to WLKV by BVSC from the Brogo Water Treatment Plant. Sewage from WLKV is treated at the Bermagui Sewerage Treatment Plant.

A Service Agreement was implemented between DCCEEW (previously DOI-W) Merriman’s LALC and BVSC for the operation and maintenance of the water and sewerage network inside the village on 1 October 2018. A local subcontractor was engaged by DOI-W and BVSC became the Principal Contractor following the 19 September 2018 Council meeting.

The service agreement and contractor engagement were extended for 12 months in 2023. The current agreement and engagement will end 30 September 2024.

Options

1. Accept the request to re-enter the service agreement and engage the preferred tenderer. This is the preferred option.

2. Reject the request to re-enter the service agreement.

Rejecting the request to re-enter the service agreement will leave WLKV without appropriate water and sewer services which would be contrary to Council’s Memorandum of Understanding (MOU) with Merrimans Local Aboriginal Land Council. This is not the preferred option.

Community and Stakeholder Engagement

Engagement undertaken

Council and DCCEEW have consulted with Merrimans LALC to prepare a service agreement that will be acceptable to all parties.

DCCEEW were consulted in the formation of the RFT document to ensure all requirements of the service agreement will be met.

Engagement planned

The service agreement involves continual engagement with the Wallaga Lake Community in the delivery of the services.

Financial and Resource Considerations

Refer to Confidential Memo.

Legal /Policy

The tender process was undertaken in accordance with Section 55 of the Local Government Act 1993, part 7 of the Local Government (General) Regulation 2021 and Section 171 of the Local Government Regulations.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

Provision of effective water and sewerage services supports Council’s Memorandum of Understanding (MOU) with Merrimans Local Aboriginal Land Council.

Environment and Climate Change

Provision of effective water and sewerage service at WLKV will support positive environmental outcomes associated with these services.

Economic

Entering into the service agreement enables Council and contractor to work together with the Indigenous community and provide employment opportunities.

Risk

Provision of effective water and sewerage service at WLKV will reduce environmental risk associated with these services.

Social / Cultural

The contract arrangements and service delivery outlined in this report will enhance Council’s relationship with WLKV, and those with the DCCEEW and NSW Health

Attachments

1 . Confidential Memo_RFT 2324-054 Wallaga Lake Koori Village water & sewerage services operations & maintenance (Confidential - As this attachment contains commercial information of a confidential nature that would, if disclosed (i) prejudice the commercial position of the person who supplied it; or (ii) confer a commercial advantage on a competitor of the Council; or (iii) reveal a trade secret as per Section 10A(2)(d) of the Local Government Act 1993.

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

Council 14 August 2024

Item 9.4

9.4. Request for Tender (RFT) 2324-092 Option concept design for Bega and Merimbula sewerage treatment plant (STP) upgrades

This report details the outcome of the tender evaluation for RFT 2324-092 Option concept designs for Bega and Merimbula sewerage treatment plant (STP) upgrades.

Director Assets and Operations

Officer’s Recommendation

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

2. That Council accepts the tender from xxxx in relation to the contract for the works described in RFT 2324-092, for a ceiling amount of $xxx (incl GST) subject to variations and provisional sums.

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

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

Executive Summary

Council officers have undertaken a competitive Request for Tender (RFT) process for the development of an options assessment and concept designs for Bega and Merimbula Sewerage Treatment Plant (STP) upgrades. The Merimbula STP work is for within the STP and will not affect the work being done for the ocean outfall.

Two responses were received, both responses conformed with the RFT.

The tender panel reviewed both submissions using councils weighting process with 40% price & 60% non-price factors including:

· Methodology

· Nominated sub-consultants

· Program

· Recognition of local outcomes

· Demonstrated experience and capacity to undertake a project of this scale

· Work Health & Safety, quality, and environmental management

The project is funded by the sewer fund and has been included in the 2024/25 financial year budget. 

Background

Past reports from consultants have outlined deficiencies and shortcomings with Bega and Merimbula STP’s. Both STP’s are aging assets with process and capacity deficiencies, deteriorating infrastructure, and issues addressing wet weather events. Both STP’s have high operator input and inadequacies in design such as the undersized inlet works at both sites.

Bega and Merimbula STPs have licences issued from Environmental Protection Agency (EPA) to operate and discharge treated effluent to the environment. Both STP’s currently have Pollution Studies and Reduction Program (PRP) on their licences which are enforceable restrictions that require the licence holder (Council) to meet PRP requirements. EPA allows operation of plants whilst having PRP’s on licences, but it requires PRP’s to be addressed within a designated time frame. Both Merimbula and Bega STP licence PRP’s are overdue and need deficiencies in process and capacity addressed.

Current Pollution Studies and Reduction Programs-

The Options and Concept Designs for Bega and Merimbula STPs Upgrades allows Council to evaluate proposed upgrades that address capacity increases and process deficiencies. The options assessment and concept designs also allow for cost comparisons, benefits, technical feasibility, stakeholder engagement, risk management, and regulatory compliance before selecting the best approach.

Previous similar reports include:

· Bega STP capacity assessment and upgrade strategy-ASPECT 2019

· 30% Concept Design Report for Merimbula STP Upgrade and Deep Ocean Outfall- AECOM 2021

The decision to go through the RFT process for the options assessment and concept designs for Bega and Merimbula STP upgrades also addresses the funding commitments of the Safe and Secure Water Program (SSWP) assurance framework. This funding is assured by the Department of Climate Change, Energy, Environment and Water (DCCEEW) for 25% of total costs associated with both STP upgrades, so long as option assessments and concept designs are completed.

As it is a RFT Council needs to approve the successful consultant. The selection process involved a panel of three with two staff from council involved with both projects and an outside panel member from DCCEEW. Procurement supplied an overarching guide to maintain a sound procurement model.

The purpose of implementing the open tender process is to assess market forces and potentially achieve cost savings compared to directly engaging a single tenderer, in accordance with Section 55.3 (b) of the Local Government Act. Since both plants have similar issues, engaging a single consultant ensures a unified approach in developing options assessments and concept designs that meet the Council's requirements for both STP’s.

Outlined below are the tender evaluation panel weighting criteria for RFT 2324-092.

Criteria	Weighting (%)
Overall price	40
Methodology, nominated sub-consultants	25
Program	5
Recognition of local outcomes, demonstration of support for local business and community enterprise	5
Demonstrated experience and capacity to undertake a project of this scale, including nominated personnel	20
Work health and safety, quality, and environmental management qualification and experience	5
TOTAL	100

Options

1. Accept the preferred tenderer’s submission as recommended in the confidential attachment. This is the recommended option.

2. Decline all tenderers under Clause 178 of the Local Government (General) Regulation 2021 and readvertise. This is not a recommended option.

3. Do nothing and repair as the plant fails. This could result in fines from the EPA, environmental spills. Funding from DCCEEW will also not be available. This is not a recommended option.

Community and Stakeholder Engagement

The process of developing the options assessment and concept design involves two reviews by Council staff during the options assessment phase and three reviews during development of the concept designs. EPA license requirements have been shared with all tenderers to ensure compliance with state regulations, including designs that align with Section 60 guidelines as reviewed by DCCEEW officers. Section 60 approvals are necessary for any upgrades or new processes introduced by Council at the Bega and Merimbula STPs.

The process of developing an options assessment and concept design for both STP’s is expected to span nine months. This timeline is primarily due to consultations between Council and various state government officials throughout the project's development.

Engagement undertaken

Engagement to date has included staged collaborative meetings with Council staff in the development of the RFT. Council staff have also collaborated with EPA and DCCEEW to address licence conditions as both STPs hold EPA licenses with PRP’s attached. Previous consultants’ reports commissioned by Council, outlined capacity deficiencies, especially during wet weather events which consultants have been informed about.

During the EIS process for Merimbula STP upgrades, community engagement was undertaken utilising a Community Engagement Group.

Engagement planned

Engagement planned will involve Council staff staging collaborative meetings with the consultant, EPA and DCCEEW throughout the development of the options assessments and concept designs for upgrades at both STP’s. Council will ensure the consultant addresses EPA license requirements, which includes designing solutions to eliminate the PRP’s on EPA licences for both facilities. The consultant will also need to collaborate with DCCEEW to provide recommended upgrade options that secure section 60 approval.

Financial and Resource Considerations

All costs associated with this project are funded from the sewer fund. Both Bega STP upgrades and Merimbula STP upgrades have sufficient funding. The options assessment is gateway 0 and the concept design is gateway 1 of the funding deed with Safe and Secure Water Fund. Detailed design and construction funding is budgeted for in the sewer long term financial plan. Due to the similarity of the work, it was decided to link these projects to achieve economies of scale.

Both upgrades will be multiyear projects. Construction funding is also included in this year’s budget but is unlikely to be spent, this will be reflected in QBR 1.

Item	$ Excl GST
Expenditure Detail
Estimated cost of Bega STP options and concept design	$250,000
Estimated cost of Merimbula STP options and concept design	$250,000
Total Estimated Expenditure	$500,000

Source of Funds
Bega STP upgrades (FY 24/25)	$5,924,050
Merimbula STP upgrades (FY 24/25)	$2,450,000

Total income available	* total income = total project cost

Total Project Capital Cost (FY 24/25)	See confidential memo
Total Available Construction Funding (FY 24/25)	See confidential memo
Project Funding Shortfall	$0

Legal /Policy

The tender process was conducted in accordance with Section 55 of the Local Government Act 1993 and part 7 of the Local Government (General) Regulation 2021.

The upgrades to Bega and Merimbula STP’s will address the EPA Licence requirements for both sites. Licence 4120 for Bega and Licence 1741 for Merimbula.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

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

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

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

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

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

· The Merimbula STP upgrades and ocean outfall are included in the Merimbula STP upgrades as developed in the SSWP185 DCCEEW funded project, co-funded at 25% State 75% Council .

· The Bega STP upgrades are included in the Bega STP upgrades as developed in the SSWP425 DCCEEW funded project, co-funded at 25% State 75% Council.

· Operational Plan Action:

D.2 Provide infrastructure and services to meet the needs of residents in our towns, villages, and rural areas.
D2.4 Construct (upgrade or renewal) civil assets/infrastructure.

· The upgrade is included in Councils financial plan 2023/2024.

Environment and Climate Change

An options assessment and concept design will inform Council on recommended upgrades to both Bega and Merimbula STP’s. Upgrades will significantly improve ecological outcomes and reduce power consumption in several ways:

· Improved water/effluent quality- Upgraded treatment processes more effectively remove contaminants, nutrients and pathogens from wastewater, reducing the environmental impact on aquatic ecosystems.

· Nutrient removal- Advanced treatment processes better remove nutrients such as nitrogen, ammonia and phosphorous (nutrients directly related to algal blooms and dead zones in waterways).

· Energy efficiency- Modern aeration systems, high efficiency pumps and variable speed drives all improve process efficiency and reduce power usage.

Overall, having a detailed and effective options assessment and concept design will better inform Council of the most cost effective and sustainable upgrades for Bega and Merimbula STP’s reducing environmental impacts into the future. This aligns with Council’s adopted clean energy plan and climate resilience strategy.

Economic

The options assessment and concept designs for Bega and Merimbula STP upgrades will address any potential loads from future population growth or the potential transfer of sewage from other STP’s (outlined in Councils Sewerage System Strategy). This will optimise the current plants at Bega and Merimbula to address Councils future sewerage strategy within the foreseeable future (30-year outlook).

Power use and treatment processes will be reviewed to ensure both STP’s deliver optimum treatment outcomes at a sustainable and least cost for quality effluent outcome. Operational efficiency will also be addressed with modern automation reducing operator input and cost.

Risk

Bega STP has a risk of wastewater flowing to the environment due to process capacity limitations during wet weather events. Also ageing infrastructure such as the inlet works poses a risk of asset failure with the possibility of process and environmental impacts.

Risks associated with Merimbula STP include the capacity to fully treat wastewater during wet weather events, causing spills and the operational capacity to fully treat increased flows. By addressing increased flows, the risk of spills to the lake mitigates the impact potential overflows may have on the environment and oyster industry.

Associated risks at both STP’s are non-compliance with EPA licence parameters and PRP licence conditions. Noncompliance and environmental impacts may attract fines from EPA. By identifying key risk areas, an options assessment and concept design can advise Council on best strategy to mitigate these risks.

Social / Cultural

Upgrading STP’s benefits Councils’ relationship with community by implementing strategies to improve the general wellbeing of residents within the Bega valley by fully treating sewage and carrying out best practice for effluent dispersal. Quality of life for residents in the community is also increased as beneficial reuse is used to irrigate golf courses, sporting fields and farms.

Councils’ commitment to improving effluent quality has cultural benefits for Indigenous Australians as maintaining sound environmental practices ensures lands and waters are not adversely impacted.

Attachments

1. Confidential memo RFT 2324-092 options and concept designs bega and merimbula sewage treatment plant upgrades (Confidential - As this attachment contains commercial information of a confidential nature that would, if disclosed (i) prejudice the commercial position of the person who supplied it; or (ii) confer a commercial advantage on a competitor of the Council; or (iii) reveal a trade secret as per Section 10A(2)(d) of the Local Government Act 1993.

Council 14 August 2024

Item 9.5

9.5. Request for Tender (RFT) 2324-034 Upgrade of Bega Valley Shire Council Bulk Water Fill Stations

This report outlines the evaluation of Request for Tender RFT 2324-034 Upgrade of Bega Valley Shire Council Bulk Water Fill Stations and proposes that negotiations be sought with the preferred tenderer outlined in the confidential attachment.

Director Assets and Operations

Officer’s Recommendation

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

2. That Council rejects all tenders under clause 178 of the Local Government (General) Regulation 2021 and enter into negotiations with the preferred tenderer, with the intention to award a contract, subject to variations and provisional sums.

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

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

Executive Summary

Council officers have undertaken a competitive Request for Tender (RFT) process for the upgrade of nine existing bulk water fill stations.

Four responses were received, however three were deemed non-conforming as explained in the confidential attachment. The preferred tenderer was deemed to have a conforming submission, however subsequent contract negotiations are required, including a review of some of their proposed risk control measures before any award can be made.

Background

In 2011 Council installed six automated water fill stations in Bega, Merimbula, Tathra, Bemboka, Bermagui and Eden to replace metered standpipes (previously supplied to bulk water carters) to reduce the risk of main breaks, water quality problems and unaccounted for water usage, and to improve water security for non-reticulated water customers. Due to their successful uptake by the community and contractors, three more stations were installed in Candelo, Cobargo/Quaama, and South Pambula.

Most stations are over ten years old and are due to be replaced. Council officers do not wish to replace them like for like for several reasons, most notably, there is a need to streamline the current internal billing process, by introducing the ability to pay via EFTPOS. Additionally, there have been regular occurrences where metering devices in the current stations have not accurately recorded the volume of water dispensed or have not recorded volume at all, therefore water fill station account holders are often not billed correctly.

Thus, on 16 May 2024 Council invited tenders for the supply of nine bulk potable water dispensing units (inclusive of both hardware and software). The tender closed on 17 June 2024 and four responses were received. The tender evaluation panel evaluated the responses in accordance with the agreed selection criteria, which included an ability to supply nine new units in accordance with Council’s proposed installation schedule, the ability to pay via EFTPOS, and their experience. The results of the detailed evaluation of each tender submission are outlined in the confidential attachment.

Options

1. Enter a contract to upgrade all nine bulk water fill stations to a new system. This is the preferred option.

If all stations are not upgraded, there will be two different billing systems operating in parallel, causing complexity when issuing invoices. It is also likely to cause frustration amongst customers as they may not recall which station has which system.

2. Continue using existing system and replace stations like for like when required. This is not the preferred option.

The current stations regularly fail, and the current billing process requires a significant amount of manual data cleansing and is reliant on a single Council officer.

Community and Stakeholder Engagement

The table below outlines the main stakeholders for the water fill station upgrade.

Stakeholder Group	Internal/External	Level of Engagement
Water and Sewer Services – Assets	Internal	Involve
Water and Sewer Services – Maintenance	Internal	Involve
Water and Sewer Services – Network Operations	Internal	Involve
Revenue Services	Internal	Involve
Information, Communication and Technology	Internal	Consult
Purchasing, Procurement and Contracts	Internal	Consult
Customer Service	Internal	Inform
Records Administration	Internal	Inform
Environmental Health Services	Internal	Inform
Existing account holders	Internal and external	Inform
General public	External	Inform

Engagement undertaken

As this is an internally driven project, no external stakeholder engagement was undertaken during project scoping. During project scoping internal stakeholder meetings were conducted to undertake a process mapping exercise to understand inefficiencies in the current process from registration to billing, and to define a new and improved process. Internal stakeholder meetings were also arranged to brainstorm technical requirements for both the hardware and software of the upgraded units. This communication facilitated the development of documentation for the RFT process. The stakeholders involved during this stage of the project are associated with the ‘Involve’ and ‘Consult’ levels of engagement outlined in the table above.

Engagement planned

A letter will be sent to all water fill station account holders explaining the change, including what’s changing and why, how and when the current water fill stations are changing, how the change will affect them and what they will need to do to prepare for the change. These letters will be sent as soon as the contract is awarded. At the same time a project page will be made available on Council’s website with similar information. Social media (Facebook) will be used to advise the general public of this upcoming project once the contract is awarded and to notify when sites will be offline when stations are being upgraded.

Internal stakeholders such as Customer Service, Records Administration, Environmental Health Services and internal account holders have been made aware of this service change by the project team but will be given more detailed information (both in verbal and written forms) once the contract is awarded.

Financial and Resource Considerations

Refer to Confidential Memo for expenditure details.

Financial Option Impacts | Life Cycle Costing

Ongoing Financial Impacts	$ Excl GST
Capital Investment \| Upgrade	See confidential memo
Depreciation costs	The new water fill stations are expected to have a useful life of 20 years.
User charges (annual income)	Our existing water fill stations have generated an average annual income of $161,514 over the last 5 financial years. Income varies considerably from year to year as water fill station usage is dependent on environmental factors and is moved into the Water Fund as income.

Legal /Policy

The tender process complied with Section 55 of the Local Government Act 1993 (NSW), part 7 of the Local Government (General) Regulation 2021 (NSW) and Section 171 of the Local Government Regulations.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

This project is a part of Council’s current capital works program.

Upgrading this existing service is related to the following actions and/or activities contained within Council’s Delivery Program 2022-25 and Operational Plan 2024-25 respectively.

Delivery Program Action	Operational Plan Activity
C.1.1 Operate a contemporary local water utility that enables sustainable development, supports social wellbeing and protects the environment	C.1.1.2 Operate and maintain water supply and sewage network systems to meet health and environmental regulatory requirements and level of service objectives
E.4.1 Improve the provision of corporate financial services
E.4.2 Ensure Council’s revenue streams are maximised
E.5.3 Maintain and improve corporate information, communication and technology services and systems in alignment with the Digital Strategy

Environment and Climate Change

There are no environmental benefits associated with this upgrade.

Economic

The new units will be of a higher quality than our existing units encompassing a smarter design, more durable materials and accurate instrumentation meaning less faults, accurate billing and a reduction in non-revenue water usage.

Risk

By entering in negotiations with the preferred tenderer we intend to mitigate potential issues and thereby comfortably accept the contract terms and conditions.

The preferred tenderer also has over 20 clients from NSW, which includes several councils and Sydney Water. This, in addition to the ensuing negotiations, will provide us with a suitable level of confidence to award a contract.

Social / Cultural

The introduction of EFTPOS terminals will make the water fill stations more accessible to more people. Payment via EFTPOS will remove the need to register with Council to use the water fill stations (except for water carting businesses). This change will particularly benefit visitors to the shire and make our towns more caravan and RV friendly.

Attachments

1. RFT 2324-034 Upgrade of Bega Valley Shire Council Bulk Water Fill Stations - Confidential Memorandum (Confidential - As this attachment contains commercial information of a confidential nature that would, if disclosed (i) prejudice the commercial position of the person who supplied it; or (ii) confer a commercial advantage on a competitor of the Council; or (iii) reveal a trade secret as per Section 10A(2)(d) of the Local Government Act 1993.

Council 14 August 2024

Item 9.6

9.6. Request for Tender (RFT) 2324-060 Bermagui Indoor Stadium Upgrade

This report outlines the evaluation of the Request for Tender (RFT) 2324-061 for the Bermagui Indoor Stadium Upgrade project and recommends awarding a contract to the preferred tenderer.

Director Assets and Operations

Officer’s Recommendation

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

2. That Council accepts the tender from <insert>in relation to the contract for the works described in the tender RFT 2324-060, in the amount of <insert>(including GST).

3. That variations and amendments be managed under the existing BVSC financial delegations.

4. That authority be delegated to the CEO to execute all necessary documentation.

5. That all tenderers be advised of Councils decision.

Executive Summary

Bermagui Indoor Stadium is a multi-use recreational facility for many stakeholders, including sporting groups such as basketball, karate, volleyball, table tennis, and fitness classes. The stadium is also used for community events such as meetings, training, and cultural events. This project will provide multiple upgrades such as accessible amenities, accessible access, kitchen upgrades and installation of a new roof over the existing amenities, kitchen, and gym.

The stadium has been used as an emergency operational site during natural disasters such as bushfire and flooding events. During the bushfire disaster of 2019/20, the stadium was an important part of recovery for the community with support services and information for the community located there.

Council is seeking a qualified construction contractor to deliver construction services from a detailed design plan and building compliance report to provide upgrades to the facilities.

Background

Council was successful in obtaining funding for Bermagui Indoor Stadium upgrades through the Bushfire Local Economic Recovery Fund (BLERF) in October 2021. The project was divided into two primary packages:

1. the building envelope, and

2. the internal fit out.

The building envelope project was the priority to ensure the building was watertight to ensure no further damage would impact the internal building. This work was completed in August 2022.

The remaining funds from the original BLERF funding were not sufficient to deliver the internal building fit out hence a variation application was submitted for additional funds in 2023 to deliver this portion which was successful.

Scope of works generally includes:

· Re-design of existing toilets and dressing room amenities to provide accessible toilet, ambulant toilets and dressing rooms that comply with accessibility standards.

· Removal of existing roof with Colorbond sheeting replacement over existing amenities, kitchen, and gym.

· Accessible access to entrance of stadium via a platform lift.

· Upgrade to kitchen with stainless steel benching and commercial flooring.

· Upgrades to existing mezzanine level floor surface and replacement of associated roller doors and hardware.

A building design and compliance report for amenities upgrade, roof replacement and accessible access was completed in May 2024 and a request for tender (RFT) for construction work was submitted to market via BVSC Vendor Panel from June 12^th to 5^th July 2024. Evaluation of submissions took place from 10^th of July to 17^th July 2024.

Options

1. Proceed with the recommended tenderer.

This option allows commencement of works to align with tender program which meets funding agreement requirements. Pricing falls within allocated budget. This is the preferred option.

2. Reject recommended tenderer.

This would increase the likelihood of extended delivery timelines which could result in missed deadlines, possible retraction of agreed funding and increased supply costs. This is not the preferred option.

Community and Stakeholder Engagement

Engagement undertaken

The Bermagui Indoor Sports Stadium committee was consulted at project conception in 2021. Regular correspondence with the President of the committee has continued to ensure involvement from key stakeholders and user groups. A meeting was conducted in February 2024 with members of the committee to inform them of the successful variation to complete the stage two internal fit out and consult with the committee on final design and the procurement process and timeframes to deliver the work.

The committee recognise the existing facilities are not fit for purpose and the upgrades will provide the following benefits:

· A safe and suitable facility for all stakeholders and provide compliant accessible access and accessible amenities.

· Increased participation from sporting groups and community and a useable space for other community support groups.

· A useable space that will support emergency agencies and support groups in times of natural disasters such as flood, bushfires, and storms.

Engagement planned

The site committee and in particular current user groups will be updated with as the project progresses to minimise disruptions to existing bookings and schedules.

Financial and Resource Considerations

Item	$ Excl GST
Expenditure Detail
Stage 1 - Building Envelope - Design (funds spent/committed)	$264,895
Stage 2 - Internal Fit Out - Amenities, Roof, Kitchen and Accessible access	Refer confidential attachment

Total Expenditure	XXXX (sum of all costs)
	Refer confidential attachment
Source of Funds
Bushfire Local Economic Recovery Fund (BLERF)	Refer confidential attachment


Total income available	* total income = total project cost

Total Project Capital Cost
Total Available Construction Funding - Stage 2 internal Fit-out
Project Funding Shortfall	*= total expense – total income* Refer confidential attachment

Financial Option Impacts | Life Cycle Costing

Ongoing Financial Impacts

$ Excl GST

Capital Investment | Upgrade

Refer to confidential attachment

Annual maintenance and operational costs

$4,000

Depreciation costs

Building item	Useful Life	Build %
Fabric	60	30
Fit out	30	70
Total		100

$14,166

User charges (annual income)

$1,500

Legal /Policy

The tender process conducted for RFT 2324-061 was undertaken in accordance with Section 55 of the Local Government Act 1993, part 7 of the Local Government (General) Regulation 2021 and Section 171 of the Local Government Regulations. The works are internal renovations. A building compliance report has been completed for the project.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

Community Strategic Plan (CSP) Theme: Our infrastructure – Our infrastructure complements our natural surroundings and character while enhancing the lives of our community.

CSP Strategy: D.5 Collaborate with partners to provide open space, facilities, activities and services that encourage more people to have active and healthy lifestyles and improve accessibility.

2024/25 Delivery Program: D5.4 - Undertake capital projects to renew and upgrade recreation facilities including boating infrastructure, play & skate, parkland, public toilets and sporting facilities and assets

D5.4.5 Progress with and deliver projects for Sports infrastructure - Pambula Sports Building, Bega Sports Building, Bermagui Stadium renovations, Pambula Sporting complex power upgrade, George Brown Oval female friendly facilities, Barclay Street multi-use use courts project (subject to funding).

The project aligns with Council’s Disability Inclusion Action Plan 2021-2025.The upgrade of the facilities will substantially improve stakeholder experiences and increase opportunities for people with a disability, the elderly, and people with temporary mobility issues.

Environment and Climate Change

There are no environmental or climate change outcomes associated with this report. Economic

This project has significant support from local sporting groups as well as the Bermagui Chamber of Commerce. The Stage 1 building envelope upgrades have provided a safe environment for all stakeholders. The proposed building upgrades will enable community events such as markets, entertainment, and NDIS support for community members in a space that is compliant for access for all.

Risk

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

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

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

Social / Cultural

The Bermagui community has been patiently awaiting improvements to the Indoor Stadium that benefits multi-use recreational users and provides a safe and useable space during natural disasters.

Attachments

1. Confidential Memo RFT-2324-060 Bermagui Indoor Staduim Upgrade (Confidential - As this attachment contains commercial information of a confidential nature that would, if disclosed (i) prejudice the commercial position of the person who supplied it; or (ii) confer a commercial advantage on a competitor of the Council; or (iii) reveal a trade secret as per Section 10A(2)(d) of the Local Government Act 1993.

Council 14 August 2024

Item 9.7

9.7. Request for Tender (RFT) 2324-071 Old Wallagoot Road DRFA Works

This report outlines the evaluation of the Request for Tender (RFT) 2324-071 Old Wallagoot Road Disaster Recovery Funding Arrangement (DRFA) works and seeks approval to reject all tenders.

Director Assets and Operations

Officer’s Recommendation

1. That Council accept the recommendations in the attached confidential attachment.

2. That Council reject all tenders in relation to contract for the works described in Tender RFT 2324-071 with the intention of returning to market following rescoping of the project.

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

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

Executive Summary

Old Wallagoot Road, Kalaru has suffered damage from multiple declared flood events and requires repairs to the unsealed road surface and stormwater drainage infrastructure. The repair work is to be funded under the Disaster Recovery Funding Arrangement (DRFA) with a co-contribution from Council for improvements to the stormwater infrastructure to mitigate the risk of further damages to Old Wallagoot Road.

Background

Old Wallagoot Road, Kalaru has sustained road surface and stormwater infrastructure damage due to multiple flood events, which has been exacerbated due to the low-lying surface areas and causeways. Insufficient drainage in these low-lying areas and sustained periods of water on the road and resulting damage has seen Old Wallagoot Road remain closed since the declared flood event in March 2022. Through this project a design was developed to repair and improve the road surface and stormwater drainage. The repair work is to be funded under the Disaster Recovery Funding Arrangement (DRFA) with a co-contribution from Council for additional improvements to mitigate the risk of further damages to Old Wallagoot Road.

The scope of works includes:

· Supply or gravel

· Grading of road

· Flushing of pipes

· Supply and installation of a box culvert

The request for tender was issued on 9 April 2024. A site briefing was held on 16 April 2024 at Old Wallagoot Road, with seven vendors attending. At tender close on 29 April 2024, two submissions were received. Both submissions received were deemed non-conforming, with key components omitted.

During the evaluation period, changed site conditions were identified that conflicted with the existing design resulting in scope of work changes that would need to be approved by the funding body. Due to the nature of these conflicts, redesign would be required to ensure potential risks are identified, addressed, and incorporated into the revised scope. Therefore, in the best interests of the project and nothing that both tenders received were non-conforming the following options have been proposed.

Options

The options available to council are:

1. Reject all tenders with the intention of returning to market following rescoping of the project. This option will allow for improved drainage to be incorporated into the new design to mitigate the chance of future damage. DRFA funding will remain available until 30 September 2025. This is the preferred option.

2. Accept the highest rated tender and proceed with the original design which may not resolve all drainage issues and need to be revisited at a future cost to Council. This is not preferred option.

Community and Stakeholder Engagement

Engagement undertaken

A review of Environmental Factors (REF) was completed, and further community engagement will be planned based on the findings within this REF when progress to the construction phase occurs.

Transport for New South Wales (TfNSW) have been involved in the damage assessment, design development and funding application. TfNSW will continue to be involved in all future stages of this project.

Internal engagement was undertaken with teams in Project Services, Water and Sewer, Works and Assets and Disaster Recovery.

Engagement planned

The Department of Primary Industries – Fisheries will be consulted to issue a permit prior to any construction commencing.

The community will be notified via a media release from the Council’s communications team when a contract is issued for these works. The media release will detail the expected construction programme and impacts including the anticipated date that the road will be reopened.

Financial and Resource Considerations

The below table indicates the financial information applicable to the current scope of work. The revised scope will be re-estimated. It is foreseen that should costs increase that there is adequate budget and funding variation contingency with the administering agency TfNSW.

Item	$ Excl GST
Expenditure Detail
Old Wallagoot Road Restoration Works	Refer Confidential Attachment


Total Expenditure	Refer Confidential Attachment

Source of Funds
DRFA Funding	$134,025
BVSC Works Contribution	Refer Confidential Attachment

Total income available	* total income = total project cost

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

The ongoing life cycle costing impacts are negligible since the project is intended to restore the road to the prior service conditions.

Legal /Policy

The tender process conducted for RFT 2324-071 was undertaken in accordance with Section 55 of the Local Government Act 1993, part 7 of the Local Government (General) Regulation 2021 and Section 171 of the Local Government Regulations.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

Eventual completion of the works will achieve alignment with Council’s following strategic objectives:

Community Strategic Plan: D. - Our infrastructure complements our natural surroundings and character while enhancing the lives of our community.

Strategic Objectives are - Our public and private infrastructure and community services meet community needs.

D.2. Provide infrastructure and services to meet the needs of residents in our towns, villages and rural areas.

Delivery Program:

Delivery Program: D2.4 – Construct (upgrade or renewal) civil assets/ infrastructure.

Environment and Climate Change

A review of Environmental Factors (REF) was completed to help ensure that the work will be completed in an ecologically sustainable way. The REF concluded that it is unlikely that the proposed activity will have a significant impact on threatened species, populations, communities and their habitats. Any work that occurs on this site will be in accordance with the recommendations made within the REF and any future recommendations from DPI Fisheries.

Economic

Improvements to the design of this project will reduce Council’s ongoing maintenance costs associated with this road and improve access to local businesses.

Risk

Rejecting current tenders will allow the council to achieve a better long-term outcome through improved design and gathering higher quality tender responses to ensure the best possible value.

There is also a risk that the project could be delayed so long that the work is not completed prior to the DRFA funding deadline of 30 September 2025. To mitigate this risk we plan on returning to market in October 2024 which will give us the required time to complete the project before the funding deadline.

Social / Cultural

There are no additional Social/ Cultural benefits associated with this report.

Attachments

1. 2024.08.14 Confidential Memo_RFT 2324-071 Old Wallagoot Road DRFA Works (Confidential - As this attachment contains commercial information of a confidential nature that would, if disclosed (i) prejudice the commercial position of the person who supplied it; or (ii) confer a commercial advantage on a competitor of the Council; or (iii) reveal a trade secret as per Section 10A(2)(d) of the Local Government Act 1993.

Council 14 August 2024

Item 9.8

9.8. Request for Tender (RFT) 2324-094 Panel for Hire of Plant Equipment

This report details the recommendation to Council in relation to the evaluation of Tender RFT 2324-094, for the establishment of a Panel of preferred contractors for the provision of externally hired equipment, with and without operators.

Director Assets and Operations

Officer’s Recommendation

1. That Council accept the recommendations outlined in the Confidential memo.

2. That Council appoint all compliant tenders received in relation to the services described in RFT 2324-094 Panel for Hire of Plant and Equipment.

3. That Council delegate the Chief Executive Officer the authority to execute all necessary documentation.

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

Executive Summary

To continue to support works outside the capability of Council owned equipment, Council must engage contractors for use of short-term hire of plant and equipment, with and without operators, to meet the annual delivery of maintenance and capital works programs.

A tender process was conducted to source vendors to be part of an external plant and equipment hire panel to manage additional plant and equipment resourcing as needed but also to streamline the administrative effort required during the associated procurement activities.

Background

Council has historically leveraged external vendors for short-term hire of equipment, with and without operators, to support delivery of Council’s capital and maintenance programs. External equipment hire is required where the capability of Council owned equipment is unable to support the volume of delivery or specialised nature of a task that requires novel plant or the use of equipment Council does not own.

Establishment of an external plant and equipment hire panel, allows for a more streamlined and efficient delivery model for short term-hire arrangements due to reduced administrative burden in processing and sourcing individual hires over the course of any year.

Options

1. Accept the recommendations as outlined in the confidential attachment (preferred option).

2. Reject all tenders and re-advertise in the market. This is not a recommended option due to timing impacts to deliver Council’s 2024-25 Operational Plan Capital and Maintenance Programs.

Community and Stakeholder Engagement

Engagement undertaken

Internal engagement with key stakeholders occurred in the development of RFT 2324-094 to establish relevant plant and equipment requirements.

The Tender was released via council’s eProcurement platform, VendorPanel, on Monday 3 June 2024 and closed Monday 24 June 2024 with a total of 32 submissions received.

Engagement planned

Apart from the presentation of this report for Council’s formal consideration, the relevant contract provisions permit further periodic intake of additional vendors at 6 monthly intervals to increase the versatility and breadth of service offerings with the same terms and conditions as the original tender process.

Financial and Resource Considerations

Expenditure relating to the use of equipment is considered and budgeted within the individual project and associated budget planning and approval process.

Hire of external plant and equipment is typically on an either per hour or per day rate, with or without an operator when required.

There are no life cycle costing impacts to Council from the establishment of an external plant and equipment hire panel since all plant and equipment are owned by 3rd party vendors.

The adopted annual 2024-25 operational plan and budget makes allocation for plant and equipment hire within each individual project or maintenance program allocation.

Legal /Policy

The tender process conducted for RFT 2324-094 was undertaken in accordance with Section 55 of the Local Government Act 1993, part 7 of the Local Government (General) Regulation 2021 and Section 171 of the Local Government Regulations.

Contract provisions permit admission of additional vendors to the panel at any time after six months from commencement under the same terms and conditions as the original published tender arrangements and conditions.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

Establishment of a plant and equipment hire panel aligns with Council’s relevant Delivery Plan and Operational Plan goals to deliver capital and maintenance programs to the community.

Environment and Climate Change

The utilisation of a robust external hire panel reduces the need for council to have a large and potentially underutilised fleet that is not cost effective and consumes limited resources in maintenance and idle time on site.

The external hire panel also leverages the distributed offerings of vendors that can reduce travel distance to an individual site thereby minimising emissions.

Economic

Prior to engagement of external equipment, applicable contractors are assessed on various factors, including local benefit for locally owned and operated equipment.

There are also other minor positive economic benefits of consumption of local goods and services by vendors during operations.

Risk

Establishment of an external plant and equipment hire panel arrangement enables the continuation of support for the delivery of Council’s capital and maintenance programs where outside of the capability of Council owned equipment.

Social / Cultural

The establishment of an external plant and equipment hire panel arrangement to supplement Council’s own resources allows Council to achieve its strategic objectives in delivering services to the community through its regular capital and maintenance program delivery.

Attachments

1. RFT 2324-094 Tender Confidential Memorandum (Confidential - As this attachment contains commercial information of a confidential nature that would, if disclosed (i) prejudice the commercial position of the person who supplied it; or (ii) confer a commercial advantage on a competitor of the Council; or (iii) reveal a trade secret as per Section 10A(2)(d) of the Local Government Act 1993.

Council 14 August 2024

Item 9.9

9.9. Request for Tender (RFT) 2324-052– Stormwater CCTV annual program

This report details the outcome of the evaluation for tender RFT 2324-052 Stormwater CCTV Annual Program and recommends award to the preferred tenderer.

Director Assets and Operations

Officer’s Recommendation

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

2. That Council accepts the tender from xxxx in relation to contract for the works described in Tender RFT 2324-052, for the ceiling amount of $xxxxx (excluding GST), subject to variations.

3. That variations and amendments to the contract be managed under the existing Council financial delegations.

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

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

Executive Summary

This annual program is seeking a qualified commercial entity to provide services including inspection of stormwater drainage infrastructure assets (conduits and structures), verification of existing data, collection of missing/additional relevant data, condition assessment and the provision of condition assessment reports for sections of Council’s stormwater network.

Condition assessment will also include the investigation of the structural and serviceability issues in stormwater pipes, of various diameter and reporting of the inspection results and corresponding recommendations on defect repairs.

The contract duration for this program is 12 months with one further 12-month extension option.

Background

Stormwater CCTV inspection and condition assessment is required to achieve multiple aims of improving stormwater asset knowledge, verification of existing mapping data, improved decision making for development of future pipe/pit maintenance programs, renewal, and upgrade programs.

Bega Valley Shire Council typically annually inspects 5% of its 125km urban stormwater network based on yearly approved budget allocations. The desired outcome is to inspect via traditional tractor mounted CCTV for a select section of its existing urban stormwater network to develop further condition information to support asset management outcomes.

Principally, the stormwater CCTV inspection program is to inform future works and maintenance programming and possible future modelling of stormwater sub-catchments. However, as a result of the inspections, pipe cleaning requirements may be identified.

A detailed contract inspection schedule is contained within the attached confidential memorandum.

Options

1. Accept the recommended tender as outlined in the confidential attachment. This is the preferred option.

2. Reject all tenders and re-advertise the project in the market. This is not a recommended option due to timing impacts to deliver the 2024-25 stormwater CCTV program.

Community and Stakeholder Engagement

In alignment to Bega Valley Shire Councils adopted community engagement strategy this project is deemed to be low complexity with inform level of engagement.

Engagement undertaken

Internal engagement is undertaken with stakeholders from the Asset and Operations Directorate through various communication channels, and collaboration meetings with key stakeholders.

Engagement planned

In alignment to Bega Valley Shire Council’s community engagement toolkit this project is deemed to be low complexity with inform level of engagement. Bega Valley Shire Council staff will use a combination of online and offline existing communication tools through Bega Valley Shire Council’s media team to provide relevant community updates of minor disruption (if applicable) prior to activities being undertaken.

Financial and Resource Considerations

The recommended tender is within the allocated budget for this program and deemed to contain sufficient program contingency.

Item	$ Excl GST
Expenditure Detail
RFT 2324-052 Stormwater CCTV program (ceiling amount)	Refer to confidential memo
Total Expenditure
Source of Funds
Strategy and Assets – Asset Condition Assessment	Refer to confidential memo
Total income available	Refer to confidential memo
Total Available Surplus	Refer to confidential memo
Project Funding Shortfall	Refer to confidential memo

Financial Option Impacts | Life Cycle Costing

Ongoing Financial Impacts	$ Excl GST
Annual maintenance and operational costs	Refer to confidential memo
User charges (annual income)	Refer to confidential memo

Legal /Policy

Australian Standard AS4920-2003 General conditions of contract for the provision of asset maintenance and services (Principal’s version) applies to this Contract.

The tender process conducted for RFT 2324-052 was undertaken in accordance with Section 55 of the Local Government Act 1993, part 7 of the Local Government (General) Regulation 2021 and Section 171 of the Local Government Regulations.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

This program strategically aligns with Bega Valley Shire Councils Community Strategic Plan objectives:

Our public and private infrastructure and community services meet community needs.

Aligned Delivery Program 2022-25 actions are:

D1. 1 Plan for asset capital works

D1.3 Develop maintenance programs for infrastructure assets

D2.4 Construct (upgrade or renewal) civil assets/infrastructure

Environment and Climate Change

Stormwater CCTV inspections and condition assessment contribute to early detection of issues that can prevent pollutants from entering waterways, helping to preserve local ecosystems and biodiversity. Clean water bodies enhance recreation opportunities and overall quality of life.

Proactive maintenance extends the life of stormwater infrastructure ensuring longevity, assisting reliable service with the aim to reduce the need for costly emergency repairs or replacements. Overall, this contributes to community resilience and sustainability.

Economic

Preventing damage from stormwater issues can save homeowners and municipalities money by avoiding expensive repairs, insurance claims and potential loss of property value. These savings can be redirected towards other community projects and services.

There will be minor positive local economic benefits arising from this stormwater CCTV inspection program with consumption of local goods and services through the relevant contractor staff.

Risk

Council’s stormwater network varies in age with the oldest portions being installed in the late 1950s. Although, some recent stormwater CCTV inspection programs have revealed some brick stormwater pipes which appear likely older than the earliest records of concrete pipe installation. Also, Council’s stormwater network is geographically dispersed amongst its major population centres some of which drain to tidal coastal lakes and some to inland freshwater rivers and creeks.

Within the last decade, a number of pavement sinkholes due to separated stormwater pipe jointing have occurred. A regular routine stormwater CCTV inspection program allows identification of the in-line pipe defects and development of an appropriate in-line stormwater maintenance program to be implemented minimising the need for expensive pavement repairs.

Previous stormwater CCTV programs were aimed also at developing sufficient condition data for the stormwater inventory revaluation which has now been completed. The previous methodologies were risked based. Since the commencement of a regular stormwater CCTV inspection programme, Council has now been able to determine the extent of most urban sub-catchments within its major settlements.

Social / Cultural

Identifying and addressing blockages, leaks or structural damage in stormwater systems can improve public health and safety, community wellbeing and prevent flooding and water contamination, reducing health risks associated with stagnant water and exposure to pollutants.

Attachments

1. Confidential Memo_RFT 2324-052 Stormwater CCTV Annual Program (Confidential - As this attachment contains commercial information of a confidential nature that would, if disclosed (i) prejudice the commercial position of the person who supplied it; or (ii) confer a commercial advantage on a competitor of the Council; or (iii) reveal a trade secret as per Section 10A(2)(d) of the Local Government Act 1993.

Council 14 August 2024

Item 9.10

9.10. Request for Tender (RFT) 2324-067 Project Management and Contract Administration (PMCA) for Cuttagee Bridge Repair and Restoration

This report details the outcome of the evaluation for tender RFT 2324-067 PMCA (Project Management Services) for Cuttagee Bridge Repair and Restoration project.

Director Assets and Operations

Officer’s Recommendation

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

2. That Council accepts the tender from xxxxxx in relation to contract for the works described in Tender RFT 2324-067, in the amount of $ xxxxxx (including GST), subject to variations and provisional sums.

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

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

Executive Summary

This report details the procurement and evaluation outcome of RFT 2324-067 (consultancy services) to seek qualified commercial entities to provide Project Management and Contract Administration Services to deliver Cuttagee Bridge Repair and Restoration project.

These Project Management & Contract Administration Services will be fully funded through the executed Deed of Agreement between Transport for NSW (TfNSW) and the Bega Valley Shire Council (BVSC) in the delivery of the Cuttagee Bridge project funded under the Regional Roads Program.

Background

During the 2023 NSW State election period a commitment was made to provide $15M for Cuttagee Bridge Repair and Restoration works. The relevant funding agreement between TfNSW and BVSC has been prepared that identifies relevant pre-construction activities to be delivered.

The objective of the project is to deliver consistent, safe, high quality road infrastructure for the residents and visitors to Bega Valley Shire and NSW.

This agreement has been prepared to support the delivery of the State funded portion of this project including scoping, development, and delivery. The focus of the project is asset renewal, primarily achieved via the structural integrity of the crossing at Cuttagee with the intent to reduce ongoing maintenance costs, improve road safety and accessibility, and ensure a resilient and sustainable road network.

The consultant will take a leading role in regular consultation with TfNSW on all matters that affect the funding agreement and will meet every month, at minimum, with BVSC representatives and establish an internal project control group (PCG) with key stakeholders to facilitate the implement the overall project agreement.

The scope of engagement shall include but is not limited to items outlined below:

· Provide project management and contract administration services for the successful delivery of the grant funded program up to $15M in value and spanning multiple years, on budget, on time and with all benefits of the program realised.

· Manage the relevant procurement activities associated with delivery of the program, in accordance with Council’s Procurement policies, documentation and procedures.

· Manage external consultancies as required to ensure the successful delivery of the program while complying with relevant processes and procedures and funding deed requirements.

· Obtain all relevant permits, approvals and ensure adherence to all legislative and regulatory requirements.

· Act as BVSCs Representative or Superintendent as required and relevant to future design and construct contracts. Noting BVSCs preference is the use of GC21 as the contractual methodology.

· Implement the community consultation plan and facilitated relevant communications and media enquiries with BVSC approval.

· Relationship management with key funding partners, community, and a diverse range of internal and external stakeholders.

· Hold commercial stakeholders such as consultants and controls to account against their contractual engagement and agreed deliverables.

· Project governance, financial management as per funding deed and status reporting.

· Ensure effective budget management and financial reporting which meet the requirements of funding deeds relevant to the program and control of expenditure within budget whilst maximising the value of delivery resources.

The consultant will be responsible for drafting and applying for the development approval (DA) to demolish the existing bridge.

Options

That Council:

1. Accept the recommended tender as outlined in the confidential attachment. This the preferred option.

2. Reject all tenders and re-advertise in the market. This is not a preferred option due to expected delivery milestones within the funding agreement.

3. Accept an alternative submitted tender. This is not a preferred option due to expected delivery milestones within the funding agreement.

Community and Stakeholder Engagement

No specific community or stakeholder engagement has been undertaken in relation to the preparation of this report. However, should the tender be accepted then as part of the scope of works a further round of community and stakeholder engagement will be undertaken once the relevant party has been engaged.

Engagement undertaken

Council received a report on 16 March 2022 detailing the views and opinions of the Cuttagee Bridge Community Advisory Group in relation to the retention of the heritage aspects of Cuttagee Bridge in any future construction.

Council will continue to liaise closely with TfNSW regarding this Agreement and the future projects at Cuttagee.

Engagement planned

The planned engagement strategy can only be fully assessed once a decision is made on the type, style, and configuration of the bridge. Depending on the direction provided by Council it is envisaged further community and stakeholder engagement would be undertaken as the project progresses in any event.

Financial and Resource Considerations

Project management and contract administration services are fully funded through the executed deed agreement between TFNSW and BVSC in the delivery of the Cuttagee Bridge project funded under the Regional Roads Program administered by TfNSW.

Item	$ Excl GST
Expenditure Detail
RFT 2324-067 PMCA for Cuttagee Bridge Repair and Restoration	Refer to confidential memo


Total Expenditure	Refer to confidential memo

Source of Funds
Grant Income: Repair and restoration of Cuttagee Bridge Regional Roads Program administered by TfNSW	15,000,000


Total income available	Refer to confidential memo

Total Project Capital Cost	Refer to confidential memo
Total Available Funding	15,000,000
Project Funding Shortfall	Refer to confidential memo

There are no life cycle costing impacts to Council as the PMCA is an operational activity.

Legal /Policy

The general conditions of this Contract are AS4122-2010 General conditions of contract for consultants, a copy of which is available via the Standards Australia website: http://www.standards.org.au

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

The project and this contract are aligned to the following outcomes from the Bega Valley Shire Community Strategic Plan 2040:

· Outcome 4 liveable places

· Outcome 5 connected communities

Environment and Climate Change

Although this is a consultancy-based contract it should be noted that the environment and climate change aspects of a new or restored structure when that stage of the project is reached, can only be assessed once a decision is made on the type, style, and configuration of the bridge.

The existing bridge is listed in the Bega Valley Local Environmental Plan (LEP) as a heritage structure and as such its demolition and any subsequent construction needs to be accomplished through the appropriate planning pathways which may include removal from the LEP.

Relevant information outputs and approvals are required as part of the contract engagement that will consider environment and climate change issues during the project development.

Economic

The Tathra-Bermagui Road (MR272) is a regional road, which runs through the North-East coastal area of Bega Valley Shire Local Government Area (LGA), an important agricultural region that generated around $37 million, or 31.5% of the total Shire agricultural value in 2020. The road provides an important transport link between Bermagui, localities and towns further south to Tathra.

Furthermore, the road provides the region with important supply chain links to the freight and logistics sector and agricultural processing areas in the LGA. It also forms an important alternative secondary link to the Princes Highway should incidents occur between Cobargo and Bega.

Risk

Although this is a consultancy-based contract it should be noted, the risk associated with a new or restored structure can only be assessed once a decision is made on the type, style, and configuration of the bridge which will be determined at the relevant stage of the overall project. There is financial risk in that the detailed planning and estimating is yet to be undertaken on a specific option and that the allocated $15 million will be insufficient to fully deliver the project.

Social / Cultural

Cuttagee Bridge is located on the Tathra Bermagui Road (MR272), crossing the Cuttagee Lake entrance at the northern end of Cuttagee Beach. It is a scenic and sheltered location that and is popular for visitors and residents alike.

Tathra Bermagui road is a popular tourist road (Route 9), providing access to the coastal tourism assets of the Sapphire Coast, while the Cuttagee section links Barragga Bay and Bermagui.

Attachments

1. Confidential Memo RFT 2324-067 PMCA for Cuttagee Bridge Repair and Restoration (Confidential - As this attachment contains commercial information of a confidential nature that would, if disclosed (i) prejudice the commercial position of the person who supplied it; or (ii) confer a commercial advantage on a competitor of the Council; or (iii) reveal a trade secret as per Section 10A(2)(d) of the Local Government Act 1993.

Council 14 August 2024

Item 9.11

9.11. Memorandum of Understanding with Essential Energy- Management of vegetation near powerlines

This report seeks endorsement of the proposed Memorandum of Understanding between Bega Valley Shire Council and Essential Energy for management of vegetation near network assets (powerlines).

Director Assets and Operations

Officer’s Recommendation

That Council endorse the attached Memorandum of Understanding (MoU) between Bega Valley Shire Council and Essential Energy for the management of vegetation near network assets (powerlines).

Executive Summary

During July 2023, Essential Energy approached Council with a view of establishing a 5-year Memorandum of Understanding for Vegetation Management near their network assets (powerlines) to identify roles and responsibilities and to streamline administrative processes around consent and notification of the activities. The MoU is intended to be non-binding but merely clarifies roles and responsibilities and streamlines administrative processes.

Multiple rounds of engagement including legal advice over the proposed MoU and Annexure provisions occurred leading to the final version being presented to Council as part of this report for formal consideration.

Background

Essential Energy has responsibilities to maintain its network assets. Part of those responsibilities involve routine vegetation management around powerlines.

Council as a Road Authority has responsibilities to manage and control activities within its road corridors where powerlines commonly exist. Therefore, control and management of third party utility provider activities like vegetation management near powerlines is required.

The proposed MoU contains provisions and mechanisms to streamline and control the management of not only the physical activities but the administrative requirements around consent and notification that provide benefit to both parties. Under the proposed MoU it would not be necessary to provide and assess individual proposed vegetation management activities as a broad scale notification and consent arrangement will be established for the term of the MoU.

Options

The options available to Council are to:

1. Endorse the proposed MoU. This is the recommended option as the changes have been through multiple rounds of consultation between Essential Energy, Council maintenance and environmental staff; and Council’s legal adviser to address operational, technical, environmental and legal issues in its development.

2. Recommend further changes to the MoU. To enable this, Councillors would need to identify what changes are required to be presented back to Essential Energy for consideration and endorsement. This is not a recommended option as relevant rounds of evaluation and stakeholder engagement have occurred.

3. Not endorse the proposed MoU. This is not a recommended option as the MoU clearly defines expectations between the 2 parties and allows for streamlined notification processes of vegetation management activities and impacts. Additional administrative burden and effort is likely to be incurred without an MoU in place.

Community and Stakeholder Engagement

No specific community engagement was required as the proposed MoU considers technical and operational matters between Council and Essential Energy who often operate within Council controlled lands. Provisions for notification of residents are addressed within the proposed MoU.

Engagement undertaken

Over a dozen rounds of consultation between Essential Energy, Council maintenance and environmental staff; and Council’s legal adviser to address operational, technical, environmental, and legal issues occurred during the development of the proposed MoU and its accompanying annexure.

Engagement planned

The final engagement activities planned are the presentation of the proposed MoU for Council’s consideration, notification of the relevant outcome to Essential Energy and then distribution of the document to relevant Council staff for incorporation into operational activities.

Provisions and processes have been identified for notification of vegetation management activities to Council within the proposed MoU.

Financial and Resource Considerations

In preparation of the proposed MoU for Council’s formal consideration staff time and legal costs were expended in evaluating the proposed terms.

Item	$ Excl GST
Expenditure Detail
Legal advice for proposed MoU	$7,098.50


Total Expenditure	$7,098.50

Source of Funds
Assets Administration \| General Fund	$7,098.50
Total income available	$7,098.50

There are no Life Cycle Costing impacts to Council as the proposed MoU details relevant arrangements for Essential Energy to maintain its network assets.

Legal /Policy

Section 5.1 of the Annexure attached to the proposed MoU outlines the relevant regulatory framework that Essential Energy is required to operate within regarding notification and consent requirements relevant to vegetation management. The applicable laws apply:

· National Parks and Wildlife Act 1974 (NSW)

· Environmental Planning and Assessment Act 1997 (NSW)

· State Environmental Planning Policy (Transport and Infrastructure) 2021

· Electricity Supply Act 1995 (NSW)

· Local Land Services Act 2013

The above Laws are also supported by additional Laws that deal with safety, environmental diligence and biodiversity, planning and land use, national parks and protected areas.

The State Environmental Planning Policy (Transport and Infrastructure) 2021 and Local Land Services Act 2013 (NSW) define a number of activities as “exempt development” and “allowable activity” respectively. Those activities, include vegetation management for the routine management of risk by entities like Essential Energy, are excluded from a range of requirements that would normally be imposed.

Under section 138 (1) of the Roads Act 1993 NSW:

138 Works and structures

(1) A person must not—

(a) erect a structure or carry out a work in, on or over a public road, or

(b) dig up or disturb the surface of a public road, or

(d) pump water into a public road from any land adjoining the road, or

(e) connect a road (whether public or private) to a classified road,

otherwise than with the consent of the appropriate roads authority.

Maximum penalty—10 penalty units.

However, under section 139 (1) of the Roads Act 1993 NSW:

139 Nature of consent

(1) A consent under this Division—

(a) may be granted on the roads authority’s initiative or on the application of any

person, and

(b) may be granted generally or for a particular case, and

specified class, and

(c1) in relation to integrated development within the meaning of section 91 of the

Environmental Planning and Assessment Act 1979, is subject to Division 5 of Part 4

of that Act, and

(d) may be granted on such conditions as the appropriate roads authority thinks fit.

The relevant provisions and arrangements within the proposed MoU would satisfy relevant requirements of the Roads Act 1993 NSW for the giving of consent with streamlined administrative processes to be able to undertake their vegetation management responsibilities as outlined within the MoU.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

The recommendation is consistent with the following goal in the Community Strategic Plan:

A.2 Respect and promote our cultural heritage and diversity and partner with and acknowledge Traditional Owners and First Nations people

Environment and Climate Change

Minor environmental impacts will be incurred from trimming of relevant vegetation, but the activities are aimed at improving electrical supply network resilience which is of benefit to the community.

Provisions have been identified for relevant training, environmental and cultural heritage management impacts within the proposed MoU.

Provisions have also been identified for vegetation removal processes following periods of natural disaster.

Economic

The recommendation indirectly assists the Bega Valley Shire community to maintain economic activity from having a resilient electricity supply network as supplied by Essential Energy.

Risk

There are minimal direct risks associated with the recommendation for Council. Key technical, operational, environmental, safety and legal risks were identified in the preparation of the proposed MoU and relevant provisions were identified to manage those issues.

The proposed MoU is intended to be non-binding except clauses regarding intellectual property, confidentiality, jurisdictional frameworks and dispute resolution.

Provisions are available for the termination of the MoU arrangements at any time.

Social / Cultural

The proposed MoU reinforces Council’s commitment to working with third party utility service providers like Essential Energy for the betterment of the Bega Valley community by having a reliable and resilient electricity supply network that supports everyday activity economic or otherwise.

Attachments

1 ⇩. Memorandum of Understanding - Bega Valley Shire Council and Essential Energy- Management of vegetation near network assets

Council 14 August 2024

Item 10.1

10.1. Carry Forwards and Revotes at End of Financial Year 2024

At the close of each financial year (FY) Council is required to consider the revote requests from FY2024 budget to the FY2025 budget. This report also advises of budgets to be carried forward.

Director Business & Governance

Officer’s Recommendation

That Council:

1. Receive and note the Financial Year 2024 carry forward projects and;

2. Resolve to revote the budget allocation detailed in this report for projects not commenced. The allocation is to be moved from FY2024 budget and applied to the corresponding budget in FY2025.

Executive Summary

This report formalises the request for carry forwards and revotes from the 2024 budget to the 2025 budget, before completion of the 2024 financial statements. The recommendation is based on projects that are works in progress, commenced works or priority projects that were not started in FY2024.

Background

Every year Council will have a range of programs that are not completed for a variety of reasons. At the end of the financial year Council considers the revotes and carry forwards of budget from the year ending and resolves on bringing the unspent budget allocation into the current year.

FY2024 saw Council continue to operate in a changing environment. The majority of projects planned by Council have been delivered however, some have been delayed and this report outlines the need to carry forward allocations against those delayed projects.

During the year, funding continued to be provided to Council that was not formally included in the operational plan and budget adopted in June 2023. Some of these allocations were for grant funded projects allocated late in the financial year.

In FY2024, significant impacts from operating in a rebuilding phase and high inflation has seen some reprioritising of Council activities and delay in some project delivery. As well, timing and resources have resulted in some projects planned for FY2024 to be reconsidered.

Carry forward or Revote?

· A carry forward is where any eligible programs or projects have commenced and are a work in progress at the end of the financial year. This does not require a revote and budgeted funds will not lapse. Expenditure can continue until any decision is made to cease the program or project.

· A revote is when an eligible program or project has not commenced by the end of the financial year. This means the budget allocation has lapsed. Council is required to decide whether the revote of the budget is approved.

A table of the project carry forwards, revotes and the funding source (external grant, revenue, other) is detailed further below in this report. Several items relate directly to funding that is required to be allocated over two or more years. The amounts included in the report are in addition to the approved FY2025 budgeted amounts.

The clear priority is to prepare plans and budgets and deliver the works included in them. In the current climate we are seeing funding to local government from NSW and Australian Government occurring outside of a “neat” budget cycle where grants are applied for and accepted within a financial year. The Quarterly Budget Review Statements (QBRS) reported to Council identify these movements throughout the year.

After council resolves on the revotes the budget approval allows staff to complete the planned works.

A summary of the requests in this report is:

Funds	Amount
GENERAL FUND
Operational Revotes	250,000
Operational Carryover	1,095,022
Capital Revotes	2,238,411
Capital Carryover	16,477,183
TOTAL GENERAL FUND	20,060,616
WATER FUND
Operational Carryover	214,304
Capital Revotes	21,000
Capital Carryover	3,000,828
TOTAL WATER FUND	3,236,132
SEWER FUND
Capital Revotes	39,000
Capital Carryover	1,805,345
TOTAL SEWER FUND	1,844,345
Total All Funds	25,141,093

Options

1. That Council resolve on the recommended revotes.

2. Council resolve an amended list of revotes.

Community Engagement

There is no formal community engagement required for this recommendation to Council. Projects undertaken have their own community engagement plan throughout development and delivery and during the annual IPR consultation process when the original budget was adopted.

Financial and resource considerations

The recommended carry forwards and revotes included in this report have been closely considered and it is reasonable to expect that they can be achieved in FY2025 year. The impact may be that activities budgeted in FY2025 are delayed, or staged, and the quarterly budget review reports to Council will include consideration of these impacts as they become known.

Summary by fund

Operational Revotes

Operational Carryover

Capital Revotes

Capital Carryover

Capital Carryover (Continued)

Legal /Policy

Council is required to approve expenditure and vote money to cover expenditure under clause 211 of the Local Government (General) Regulation 2021.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

Community Strategic Plan E.4 Council has robust financial management processes to ensure ongoing viability and value for money

Delivery Program E4.1 Improve the provision of corporate financial services

Operational Plan Core Business

· Preparation of compliant financial reports including audited annual accounts

· Preparation of Council’s annual budget along with monthly budget monitoring

· Provision of relevant, timely and accurate financial information for corporate and audit reporting

· Manage and update Council’s financial information system (Authority)

Environmental / Sustainability

There are some environmental and sustainability impacts associated with the grant funded projects that are included in the recommendations of this report.

Economic

There are no negative economic impacts associated with the grant funded programs that are included in the recommendations of this report.

Risk

The recommendations of this report allow Council to manage budget expenditure across the long-term financial plan period. The corresponding impact may be the delivery of planned programs and projects documented in the FY2025 Operational Plan.

Social / Cultural

There will be positive social benefits in Council being able to complete the works allocated budget in 2024 and not finished by the end of Financial Year. There may be impacts on the FY2025 planned projects if they are delayed while the previous year’s works are completed.

Attachments

Nil

Council 14 August 2024

Item 10.2

10.2. Certificate of Investment July 2024

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

Director Business & Governance

Officer’s Recommendation

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

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

3. That council receive and note the review of investment policy 6.07 undertaken by the finance team and endorse the policy to be updated at item 4.1.8 Credit quality and Counterparty limits, maximum % of total investments in A category from 40% to 70% acknowledging ratings agency Standard & Poor’s upgraded long-term credit ratings.

4. That the Investment policy 6.07 be placed on public exhibition after the conclusion of the caretaker period and that a further report be presented to Council on any submissions received, or if no submissions are received, the exhibited policy be adopted and published on Council’s website.

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 July 2024 the total capital value of cash and investments was $140,083,698.26 with 87% 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	July-2024 (‘000)
General Fund	61,826
Water Fund	26,342
Sewer Fund	51,916
TOTAL	140,084

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 report includes a review of Council’s policy 6.07 Investments. Based on the contents of this report and the policy document, council has the following options:

1. To keep the existing Investment policy 6.07 with no changes.

2. Exhibit the draft Investment policy 6.07 document with proposed amendment.

The changes in ratings agency Standard & Poor’s (S&P) long-term credit ratings effective 2 April 2024 have led to this policy change. The policy review amends the total percentage of investments that Council has the ability to hold with A rated financial institutions from 40% to 70%. A maximum exposure to one financial institution rated in the A category remains at 20%.

If Council does not make this amendment, it would impact Council’s investment performance with key financial institutions being limited by the policy.

The table below outlines the changes to financial institutions that Council is engaged with. The movements in April 2024 resulted in $6m being shifted from a BBB rating to A rating of Council’s investment portfolio.

S&P changes
Institution	Previous Credit Rating	Current Credit Rating
AMP Bank	BBB	BBB+
Bank of Queensland (BoQ)*	BBB+	A-
BankVic*	BBB	BBB+
Bendigo-Adelaide Bank*	BBB+	A-
Credit Union Australia (CUA)	BBB	BBB+
Police and Nurses Bank (P&N)	BBB	BBB+

*Council holds current investments

Community and Stakeholder Engagement

Engagement undertaken

Council has reviewed the policy in accordance with a change in Standard & Poor’s long-term credit ratings in April 2024.

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.

The draft policy attached to this report, if endorsed by Council, will be placed on public exhibition post caretaker period for 28-days. Members of the public will be given the opportunity to make submissions on the draft policy for up to 42 days.

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

Financial and Resource Considerations

A list of Councils cash and investments held at 31 July 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	-	-	4.35	7,945,472.95
Commonwealth Bank (At Call cash account)	AA-	CASH	-	-	4.40	10,000,000.00
NSW Treasury Corporation (Strategic Cash Fund)	AA-	CASH	-	-	-	138,225.31
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	AA-	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	AA-	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
NAB	AA-	TD	28/06/2024	28/01/2025	5.30	2,500,000.00
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	AA-	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	AA-	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
NAB	AA-	TD	29/07/2024	29/07/2025	5.30	2,000,000.00
Suncorp	AA-	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
BankVic	BBB+	TD	05/06/2024	05/09/2025	5.33	1,000,000.00
Westpac	AA-	TD	11/09/2023	11/09/2025	4.99	2,000,000.00
BankVic	BBB+	TD	29/07/2024	25/09/2024	5.30	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	AA-	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
Westpac	AA-	TD	28/06/2024	28/04/2026	5.20	2,500,000.00
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	AA-	TD	11/01/2024	11/01/2027	4.88	2,000,000.00
Total Cash and Investments						$140,083,698.26

Table 2: Interest from Cash and Investments
Interest earned for July 2024	$510,671
Financial year to date interest earned	$510,671
Revised Budgeted interest for 2024/2025 financial year	$1,957,000
Percentage of the 2024/2025 budget earned by council	26%

Council’s investment portfolio is largely directed towards term deposits (87%). The remainder of the portfolio is held in cash deposit accounts with CBA and TCorp (13%).

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

Council’s cash and investment portfolio has a weighted average maturity of 311 days.

For the month of March, the cash and investments held by Council provided a return of 4.97% p.a. exceeding the RBA cash rate of 4.35%.

On 31st July 2024, ANZ formally took over Suncorp Bank. S&P upgraded Suncorp’s long-term credit rating to that of its parent company effective immediately. This has led to Suncorp bank to be now rated AA-. For reporting on exposure, Suncorp is now reflected under the parent company being ANZ.

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	May-2024	June-2024	July-2024
General Fund	49,353	56,051	61,826
Water Fund	30,594	29,144	26,342
Sewer Fund	54,285	54,400	51,916
TOTAL	134,232	139,595	140,084

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 July 2024 is $2,397,524.49 with $81,079.14 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 (LG Act) determines money may only be invested in a type of investment authorised by Order of the Minister for Local Government and published in the Local Government Gazette. The current Ministerial Order of Investment was published 17 February 2011.

Clause 212 of the Local Government (General) Regulation 2021 (LG Regulations) 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 report is recommending an amendment to item 4.1.8 Credit Quality and Counter Party Limits for A Category rated providers. The 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 July 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 July 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

1 ⇩. Draft Policy 6.07 Investment Policy

Council 14 August 2024

Item 10.4

10.4. Proposed road names for future use within the shire

Council approval is being sought to submit proposed new road names to the NSW Geographical Names Board for pre-approval and reservation for subsequent future use in the Bega Valley Shire.

Director Business & Governance

Officer’s Recommendation

1. That Council receive and note the report.

2. That Council approves the proposed road name suggestions outlined in the background section of the report dated 14 August 2024 for pre-approval and reservation for future use within the shire.

3. That Council maintains an ongoing process of receiving road name suggestions from the public.

4. That road name suggestions be reported to Council annually or as part of other road naming requests that require Council approval to ensure continuous replenishment of the road name register.

Executive Summary

Council Officers completed a public consultation process to replenish the road names register and Council approval is now sought to formalise the pre-approval and reservation of a suite of new road names for future use throughout the shire. Subsequent use of the reserved and pre-approved road names is delegated to the Director Business and Governance.

Background

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

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

Following the resolution, Council officers made the necessary changes to Procedure 4.10.6 Road Naming and a copy of the amended procedure was presented to Council’s Ordinary Meeting of 17 April 2024 for adoption.

As the list of pre-approved road names had become quite exhausted, Council Officers carried out a public consultation process calling for new names to be used for future road naming throughout the shire, based on the following thematic categories defined in the Procedure:

· Local Aboriginal heritage

· Early explorers, pioneers, settlers and historical figures

· Natural environment, marine, flora or fauna.

Despite extensive community consultation, only nine (9) road name suggestions were originally received from the public. Notably, all these suggestions fell under the thematic category of early explorers, settlers, and historical figures. In some cases, minimal background information accompanied the submission, making it challenging for Council officers to verify compliance with the Geographical Names Board (GNB) guidelines and the NSW Address Policy. As an alternative, when alignment with the GNB guidelines was not possible, Council officers proposed using first names instead of last names.

Given the need to replenish our existing pre-approved list of road names staff have researched additional names aligned with Council’s adopted thematic categories and consulted with Ellen Mundy, traditional custodian and elder which are also suggested for pre-approval and reservation in the following table.

Road name suggestions from public consultation process
Road name	Meaning	Background / History	Origin	Requested locality / suitable locality	BVSC thematic category	Align with GNB requirements (Y/N)
Dagmar Berne	Historic name	Dagmar Berne was the first female to be accepted into medicine at Sydney University. She was born in Bega and lived here until her early teens.	Name	Bega (Suitable)	Early explorers, settlers and historical figures	N - Dagmar Berne does not align as it is a first and surname. Y - Propose Berne
Ubrihien	Historic family name	The Ubrihien family immigrated from Germany in 1855 and settled in Eden. Over the years, they have made significant contributions to the community, including pioneering efforts related to poultry and establishing a settlement in Bega during the 1920s.	Name	Eden (Suitable)	Early explorers, settlers and historical figures	Y
Navalny	Name	In honour of the late Alexander Navalny, a courageous Russian Opposition Leader who was tragically murdered in a Siberian gulag in early 2024. A departure from the restricted Australian-only categories outlined by the Surveyor-General 2019 manual in proposed. While this remembrance of Navalny does not strictly adhere to those guidelines, its significance extends beyond national borders. Given Navalny’s sacrifice for democracy, there exists a strong moral and educational imperative to make a special exception in this instance, particularly for Australia—one of the five oldest democracies on our planet.	Name	N/A	N/A	N
Fred Umback	Name	Fred Umback served as the Postmaster of Wyndham from 1960 to 1983. In his memory, a plaque has been placed on the flagpole near the War Memorial at Wydham.	Name	Wyndham	Early explorers, settlers and historical figures	N - Umback utilised (Umback Road, Wyndham). Y - Propose Fred
Percy Wills	Name	Submission comment - President of RSL. Heavily involved in legacy. Council staff unable to verify further history. Further information and support for use is required.	Name	N/A	Early explorers, settlers and historical figures	N - Wills utilised (Wills Street/Wills Road, Bermagui). Y - Propose Percy
Jan Bolsius	Name	Adriana Maria ‘Jan’ Bolsius, an esteemed artist and highly respected community member, served as a board member of the Old Bega Hospital Reserve Trust and held the position of Reserve Land Manager. She was initially appointed in 1998, serving until December 2003, and was subsequently reappointed until December 2008.	Name	N/A	Early explorers, settlers and historical figures	N - Propose Bolsius
Verna Wilson	Name	Submission comment - Extremely well respected local. Council staff unable to verify further history. Further information and support for use is required.	Name	N/A	Early explorers, settlers and historical figures	N - Propose Verna & Wilson separately. Wilson is also a Historical RSL provided name Y - Verna Y - Wilson
Curly Annabelle	Name	Submission comment - Boss at the Bega District News. Council staff unable to verify further history. Further information and support for use is required.	Name	N/A	Early explorers, settlers and historical figures	N - Annabelle utilised (Annabelle Close, Wolumla) Y - Propose Curly
Edna Duncanson	Name	Edna Duncanson made significant contributions to the Bega Valley community, serving in various capacities. She advocated for regional preschools and achieved the distinction of being the first full-time female councillor, a role she held for an impressive 21 years.	Name	N/A	Early explorers, settlers and historical figures	N - Edna utilised (Edna Drive, Tathra). Y - Propose Duncanson
Council staff suggestions
Minnamin	Bega	Supplied by, Ellen Mundy, traditional custodian and elder	Jirringan	Bega Aboriginal Land Council boundary area	Local Aboriginal heritage	Y
Mirringan	Dingo or Dog	Supplied by, Ellen Mundy, traditional custodian and elder	Jirringan	Bega Aboriginal Land Council boundary area	Local Aboriginal heritage	Y
Mirribi	Thunder	Supplied by, Ellen Mundy, traditional custodian and elder	Jirringan	Bega Aboriginal Land Council boundary area	Local Aboriginal heritage	Y
Burru	Kangaroo	Supplied by, Ellen Mundy, traditional custodian and elder	Jirringan	Bega Aboriginal Land Council boundary area	Local Aboriginal heritage	Y
Barla	Short	Supplied by, Ellen Mundy, traditional custodian and elder	Jirringan	Bega Aboriginal Land Council boundary area	Local Aboriginal heritage	Y
Gaga	Yamstick	Supplied by, Ellen Mundy, traditional custodian and elder	Jirringan	Bega Aboriginal Land Council boundary area	Local Aboriginal heritage	Y
Koba	Stringybark	Supplied by, Ellen Mundy, traditional custodian and elder	Jirringan	Bega Aboriginal Land Council boundary area	Local Aboriginal heritage	Y
Billema	Turtle	Supplied by, Ellen Mundy, traditional custodian and elder	Jirringan	Bega Aboriginal Land Council boundary area	Local Aboriginal heritage	Y
Naka	Common Fly	Supplied by, Ellen Mundy, traditional custodian and elder	Jirringan	Bega Aboriginal Land Council boundary area	Local Aboriginal heritage	Y
Mara	Fish (generally)	Supplied by, Ellen Mundy, traditional custodian and elder	Jirringan	Bega Aboriginal Land Council boundary area	Local Aboriginal heritage	Y
Moffitt	Historic Name	From the Bega Valley - Served in WWII	Name	N/A	Early explorers, settlers and historical figures	Y
Clynch	Historic Name	From the Bega Valley - Served in WWII	Name	N/A	Early explorers, settlers and historical figures	Y
Caradice	Historic Name	From the Bega Valley - Served in WWII	Name	N/A	Early explorers, settlers and historical figures	Y
Chapple	Historic Name	From the Bega Valley - Served in WWII	Name	N/A	Early explorers, settlers and historical figures	Y
Graham	Historic Name	From the Bega Valley - Served in WWII	Name	N/A	Early explorers, settlers and historical figures	Y
Wilton	Historic Name	From the Bega Valley - Served in WWII	Name	N/A	Early explorers, settlers and historical figures	Y
Wilson	Historic Name	From the Bega Valley - Served in WWII	Name	N/A	Early explorers, settlers and historical figures	Y
Buckley	Historic Name	From the Bega Valley - Served in WWII	Name	N/A	Early explorers, settlers and historical figures	Y
Bobbin	Historic Name	From the Bega Valley - Served in WWII	Name	N/A	Early explorers, settlers and historical figures	Y
Green	Historic Name	From the Bega Valley - Served in WWII	Name	N/A	Early explorers, settlers and historical figures	Y
Brien	Historic Name	From the Bega Valley - Served in WWII	Name	N/A	Early explorers, settlers and historical figures	Y
Goward	Historic Name	In honour of the late Max Goward who extensively contributed to the Bega Valley local community and served for over 50 years with Council	Name	N/A	Early explorers, settlers and historical figures	Y
Petrel	Plant/Animal Species	Southern Giant Petrel/Northern Giant Petrel - Scientific Name - Macronectes halli & Macronectes giganteus. An endangered and vulnerable species of bird known to occur within the area.	Plant/Animal Species	N/A	Natural environment, marine, flora or fauna	Y
Snipe	Plant/Animal Species	Australian Painted Snipe - Scientific Name - Rostratula australis. Endangered species of bird local to the region.	Plant/Animal Species	N/A	Natural environment, marine, flora or fauna	Y
Grayling	Plant/Animal Species	Australian Grayling - Scientific Name - Prototroctes maraena. A vulnerable species of fish known to the region.	Plant/Animal Species	N/A	Natural environment, marine, flora or fauna	Y
Glider	Plant/Animal Species	Greater Glider / Yellow Bellied Glider - Scientific Names - Petauroides volans & Petaurus australis australis. Endangered and vulnerable species known to the area.	Plant/Animal Species	N/A	Natural environment, marine, flora or fauna	Y
Bristlebird	Plant/Animal Species	Eastern Bristlebird - Scientific Name - Dasyornis brachypterus - An endangered species of bird known to the region.	Plant/Animal Species	N/A	Natural environment, marine, flora or fauna	Y
Knotweed	Plant/Animal Species	Knotweed, Tall Knotweed - Scientific Name - Persicaria elatior. A vulnerable species of plant known to the area.	Plant/Animal Species	N/A	Natural environment, marine, flora or fauna	Y
Flycatcher	Plant/Animal Species	Satin Flycatcher - Scientific Name - Myiagra cyanoleuca. Species of Migratory Terrestrial Species known to frequent the region.	Plant/Animal Species	N/A	Natural environment, marine, flora or fauna	Y
Hawksbill	Plant/Animal Species	Hawksbill Turtle - Scientific Name - Eretmochelys imbricata. A species of reptile, vulnerable and known to exist in the region.	Plant/Animal Species	N/A	Natural environment, marine, flora or fauna	Y
Dusky	Plant/Animal Species	Dusky Dolphin - Scientific Name - Lagenorhynchus obscurus. A species of Mammal known to occur in the region. Also a breed of Flathead (Fish).	Plant/Animal Species	N/A	Natural environment, marine, flora or fauna	Y
River Wattle	Plant/Animal Species	Scientific Name - Acacia subporosa. Derived from the 'Flora Species List'. Part of the Fabaceae (Mimosoideae) family.	Plant/Animal Species	N/A	Natural environment, marine, flora or fauna	Y
Willie Wagtail	Plant/Animal Species	Scientific Name - Rhipidura leucophrys from the Aves family.	Plant/Animal Species	N/A	Natural environment, marine, flora or fauna	Y
Tussock	Plant/Animal Species	Scientific Name - Poa labillardierei var. labillardierei from the Poaceae family. Derived from the Flora Species List.	Plant/Animal Species	N/A	Natural environment, marine, flora or fauna	Y
Rainbow Lorikeet	Plant/Animal Species	Scientific Name - Trichoglossus haematodus from the Aves family.	Plant/Animal Species	N/A	Natural environment, marine, flora or fauna	Y

The choice of road type (e.g., Court, Street, Road, Circuit, etc.) for the proposed names would depend on several factors. These factors include whether the road is open-ended, a cul-de-sac, or a pedestrian-only road. The addressing principles outlined in the NSW Addressing User Manual guides these decisions.

A list of Council’s existing road names by suburb is attached for the information of councillors. When a new road name is proposed, Council officers must ensure compliance with the GNB NSW Address Policy which details uniqueness as the most essential quality to be sought in proposing a new road name. Under the Policy, a road name will be regarded as a duplicate if it is the same or similar in spelling or sound to an existing name, regardless of the road type.

Road names shall not be duplicated:

· Within the same address locality

· Within the adjoining locality

· Within a duplicated locality anywhere in NSW

· Within the following proximity radius:

o 10km in a Metropolitan Urban Area

o 20km in a Regional Urban Area

o 30km in a Rural Area

The proximity radius provides the minimum required distance between duplications.

Additionally, attached for the information of councillors is the pre-approved list of road names currently available for use.

Options

The options available to Council are:

1. Council resolves to approve all road name suggestions outlined in the background section of the report. Recommended.

2. Council resolves to approve some of the road name suggestions outlined in the background section of the report.

3. Council resolves not to approve road name suggestions outlined in the background section of the report and staff run a further expression of interest process seeking contributions to the pre-approved road name register.

Community and Stakeholder Engagement

Engagement undertaken

Between 13 May and 1 July 2024, a public consultation process was conducted to gather contributions for Council’s road names register. The following channels were utilised for this purpose:

· BVSC website and social media

· Media release

· Local Aboriginal Land Councils

· Local RSL Subbranches

· Local Museums, Historical Societies, and Genealogy Societies

· Far South Coast Landcare and other Bega Valley Landcare groups.

Additional road names were researched using the following sources:

· State of Vegetation Report for the Bega Valley Shire by Jackie Miles (October 2000)

· Biodiversity Constraints and Opportunities Report by Envirokey (June 2023).

Furthermore, the names based on Aboriginal language were supplied by Ellen Mundy, traditional custodian and Elder.

Engagement planned

If the proposed road names are approved, they will be added to the Council’s pre-approved road name register. Once road names are selected for use, they will be publicly advertised on Council’s website, allowing a 14-day period for submissions. If any objections are received during this time, a report will be presented to Council before further action is taken.

Financial and Resource Considerations

According to Council’s Fees and Charges, applicants are required to pay a road naming application fee. This fee covers all costs associated with the road naming process. Additionally, Council officers have invested time in completing the public consultation process to replenish the road name register. Council officer time is needed to process road naming requests as they arise.

Legal /Policy

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

In accordance with Division 1 clause 7 of the Roads Regulation 2018, Council can publish notices relating to road naming proposals on the Council’s website rather than in a local newspaper.

The proposed road name suggestions align with Council’s Road Naming Procedure 4.10.6 and meets statutory obligations under the Roads Act.

The GNB NSW Address Policy states as follows:

Language

a. Road names shall be written in standard Australian English or a recognised format of an Australian Aboriginal language local to the area of the road.

b. Road names shall be easy to pronounce, spell and write, and preferably not exceed three words (including the road type) or 25 characters. An exception to this is in the use of Aboriginal names when it is accepted that a traditional name may at first appear to be complex but will, over time, become more familiar and accepted by the community.

c. Diacritical marks (symbols such as ´ in é, ¸ in ç or : in ö ) are not used in Australian English names, and shall be omitted from names drawn from languages that use such marks.

d. The following types of punctuation as used in Australian English shall not be included as part of a road name: period (.), comma (,), colon (:), semi-colon (;), quotation marks (“”), exclamation mark (!), question mark (?), ellipsis (…), hyphen (-), dash (/), ampersand (&) and parenthesis (()). For surnames or other names that include a hyphen, the hyphen shall be omitted when used for a road name.

e. An apostrophe mark shall not be included in road names written with a final ‘s’, and the possessive ‘s shall not be included e.g. St Georges Terrace not St George’s Terrace. Apostrophes forming part of an eponymous name shall be included (e.g. O’Connor Road).

f. A road name shall not include a preposition e.g. Avenue of the Allies.

g. Road names shall not include the definite article (The) as the first or sole name element of a road name e.g. The Esplanade or The Northern Road is not acceptable.

h. A road name shall not be abbreviated or contain an abbreviation, initial or acronym e.g. Mount, not Mt) except that St shall be used for Saint.

i. For the purposes of consistency, names starting with Mc or Mac shall not have a space included between the Mc or Mac and the rest of the name.

j. A road name shall not include Arabic numerals e.g. 3 or 4th or Roman numerals e.g. IV or X. Where numbers are included in a road name they shall be written in full e.g. Fifth Avenue, Ten Mile Road.

k. A road name shall have the same spelling as any name from which it is derived.

i. A road name shall not include initials e.g. J Jones Road is not acceptable.

Acceptable Road Names

Names of early settlers, war servicemen and women and other persons who have contributed to the heritage of an area, local history themes, flora, fauna, ships etc. are usually most suitable for applying to roads.

Gender diversity in the selection of names is encouraged, as are names reflecting NSW multicultural heritage. Aboriginal names are also supported and shall be in a local language chosen in consultation with the Local Aboriginal Land Council and/or relevant Aboriginal community.

Local interest groups, developers or individuals are encouraged to work with the Local Government to locate/define new names according to these suggestions.

When selecting road names, all of the following shall be considered and must be adhered to:

Road names shall not be offensive, racist, derogatory or demeaning (refer to NSW Anti-Discrimination legislation).

Road names shall not be misspelt. In particular, the spelling of personal names shall be able to be validated by reference to primary sources.

Commercial and business names shall not be used, particularly where the name can be construed to be promoting the business. However, business names no longer in use and which promote the heritage of an area are acceptable.

Road types shall not be used in the formation of a road name, for example Promenade Road, Court Street etc. even if the road type is also a surname.

Only one name shall be used for commemorative naming e.g. a given name or surname.

Commemorative Road Names

Naming often commemorates an event, person or place. The names of people who are still alive shall not be used because community attitudes and opinions can change over time. It is not appropriate to use nicknames as an alternative to an official name for the purposes of road naming.

Acts of bravery, community service and exceptional accomplishments are typical grounds for this recognition. The name of persons who gave their lives in service for their country are often used as commemorative names. The person commemorated should have contributed significantly to the area.

Ownership of land that has been developed is not considered as a significant reason for naming purposes.

The initials of a given name are not to be used in any instances.

Local Government shall make every effort to gain consent from family members of the person who is being commemorated. Supporting evidence that shows attempts by a Local Government to consult with family members should be provided during the lodgement of the proposal, but it is acknowledged that some names may be from an era for which this is not possible.

It is a requirement that a person is to have been deceased for at least 12 months before an application to commemoratively name a road after them is deemed acceptable.

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.

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

Environment and Climate Change

There are no environment and climate change impacts associated with the proposed pre-approval and reservation of names to Council’s road name register.

Economic

There are no economic impacts associated with the proposed pre-approval and reservation of names to Council’s road name register that have not already been addressed in this report.

Risk

Regulatory and statutory compliance is defined as a strategic risk for Council. The issue of rising administrative complexity and cost of continuous change with increasing and competing statutory and regulatory compliance regimes remains an ongoing challenge for Council.

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

Social / Cultural

There are no social or cultural impacts associated with the proposed pre-approval and reservation of names to Council’s road name register that have not already been addressed in this report.

Attachments

1 ⇩. Bega Valley Shire road names by suburb

2 ⇩. Pre-approved road names report

Council 14 August 2024

Item 10.5

10.5. Road Closure - DA 2020.310 at Boydtown

Council approval is being sought to commence the road closure assessment process under Division 3 of the Roads Act 1993 (NSW) to enable the opening and closing of Council road reserve in Boydtown associated with development application 2020.310.

Director Business & Governance

Officer’s Recommendation

1. That Council approves, in principle, the part closing and part reopening of Council road reserve shown in the diagrams in the background section of the report to Council dated 14 August 2024.

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

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

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

5. That the Chief Executive Officer and Mayor be authorised to execute the necessary documentation to affect the road closure and subsequent land swap with the applicant for the creation of a new Ben Boyd Parade, Boydtown road reserve for nil compensation.

6. That all costs associated with the road closure/opening process be borne by the applicant.

Executive Summary

Council approval is being sought to commence the road closure assessment process under Division 3 of the Roads Act 1993 (NSW) (Roads Act) to enable development application 2020.310 (DA 2020.310) for a residential subdivision currently under assessment to progress.

Finalisation of the road closure process will be subject to the reopening of Ben Boyd Parade in the new location as Council public road reserve.

Background

Council has received a formal request to commence the road closure assessment process for Ben Boyd Parade in Boydtown. This request is associated with DA 2020.310, which pertains to a residential subdivision currently being assessed at 2-110 Ben Boyd Parade, Boydtown. The process will follow the guidelines outlined in Part 4, Division 3 of the Roads Act.

The proposal involves closing the current Ben Boyd Parade in Boydtown (as shown in Figure 1) and reopening Ben Boyd Parade (as depicted in Figure 2) to serve the subdivision. The proposed closure aims to meet NSW Rural Fire Service access requirements and maintain bushfire access within private ownership, ultimately reducing the maintenance burden on Council.

Council officers have considered the permanent closing and subsequent reopening of Ben Boyd Parade in Boydtown as part of the development assessment process and are supportive of the proposed closure, provided that the road is eventually reopened, and the closed section of Ben Boyd Parade is consolidated with the landowners adjoining land parcel.

A road status search was undertaken which confirms the road corridor is Council public road reserve, therefore Council is responsible for progressing the permanent road closure application under the Roads Act.

Figure 1: Section of Ben Boyd Parade proposed for closure.

Figure 2: Section of Ben Boyd Parade to be reopened to service the subdivided land parcels.

Council has power to close Council public road, pursuant to Part 4 Division 3 of the Roads Act and when a constructed Council public road is closed, it remains vested in Council and Council may facilitate the subsequent sale of the land and receive the proceeds of sale. In this case it is Council officers’ intention to provide the Department with a written declaration of road construction within the road corridor, to facilitate the subsequent land swap with the applicant for the newly formed Ben Boyd Parade which will be dedicated to Council as public road once built to Council standard.

Options

The options available to Council are:

1. Approve and progress the proposal received from the applicant for the opening and closing of Council road reserve in Boydtown as a land swap arrangement (recommended) or,

2. Advise the applicant that the proposed reopening and closing of Council road reserve in Boydtown is not supported by Council and compensation will be payable by the applicant for the section of road reserve proposed for closure. Noting that Council will be required to provide compensation to the landowner for the newly formed section of Ben Boyd Parade as part of this process.

Community and Stakeholder Engagement

Engagement undertaken

Council officers have consulted with the applicant as part of DA 2020.310 and with Crown Lands regarding the proposed road closure. Furthermore, Council has procured a formal road status search for the road intended for permanent closure.

Engagement planned

Under section 38B of the Roads Act, notification of the proposal to close a Council public road must be published on Council’s website and be given to all owners of land adjoining the road, and all notifiable authorities as prescribed by the Roads Regulation 2018 (NSW). It is noted that the applicant owns all land adjoining the road concerned.

The notice must identify the road that is proposed to be closed and must state that any person is entitled to make submissions to the Council with respect to the closing of the road and must indicate the way and period (being at least 28 days) that a submission should be made.

Financial and Resource Considerations

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

In addition to these costs, the applicant has paid Council’s road closure application fee of $2,900 to contribute to staff costs associated with processing the application.

As outlined in the background section of this report it is proposed to facilitate the road reopening and closing as a land swap as DA 2020.310 requires a newly formed Ben Boyd Parade which will be dedicated to Council as public road once built to Council standard.

Legal /Policy

From 1 July 2018, all NSW Councils were given power to close a Council public road, pursuant to Part 4 Division 3 of the Roads Act, however the vesting of Council roads on closure remained unchanged by the amendments to the Roads Act. When a constructed Council public road is closed, it remains vested in Council and Council may facilitate the subsequent sale of the land and receive the proceeds of sale.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

Community Strategic Plan Theme:

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

Community Strategic Plan Strategy:

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

D.2 Provide infrastructure and services to meet the needs of residents in our towns, villages and rural areas

A.9 Collaborate with relevant agencies and the private sector to increase the diversity and affordability of new and existing housing, particularly to meet the needs of our ageing population

D.3 Improve the presentation, maintenance and physical accessibility of existing towns and villages

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

Delivery Program 2022 - 25:

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

Core Business:

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

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

Environment and Climate Change

Environment and climate change impacts associated with the proposed road closure and opening will be assessed as part of DA 2020.310.

Economic

There are no additional economic impacts associated with the proposed road closure application that have not already been 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 support the proposed road closure and reopening.

· 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.

In accordance with Council’s road closure and private sale procedure, any road closure requires a formal process that ensures probity, due diligence, analysis of risk and other key issues.

Social / Cultural

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

Attachments

1 ⇩. Ben Boyd Parade, Boydtown road status search

Council 14 August 2024

Item 10.6

10.6. Community Project Proposal - Eden Killer Whale Museum

This report provides an update on the Community Project Proposal from Eden Killer Whale Museum Management Committee Incorporated regarding construction of a new boat shed on Council Managed Crown Land at Eden.

Director Business & Governance

Officer’s Recommendation

1. That Council delegates authority to the Chief Executive Officer to negotiate with the Eden Killer Whale Museum Management Committee Incorporated regarding landowners’ consent for construction of a new boat shed or structure on Council Managed Crown Land being Lot 1 Section 6 DP 758379.

2. That Eden Killer Whale Museum Management Committee Incorporated are responsible for all costs associated with the proposal, including a Native Title due diligence assessment in relation to any public work required on Lot 1 Section 6 DP 758379.

Executive Summary

Eden Killer Whale Museum Management Committee Incorporated have identified a new space within the museum site land parcel (Lot 1 Section 6 DP 758379) to accommodate storage of the boat which removes original concern associated with the native title claim over Lot 1 DP 48609.

Council approval is being sought for the Chief Executive Officer to be delegated authority to provide landowners consent for the construction of a shed or cover over the boat once located on the land noting this will create an additional asset in Council’s depreciation schedule that is not currently planned for.

Background

Council resolved at its Ordinary Meeting of 26 June 2024, when considering the Community Project Proposal for the construction of a new boat shed at Eden Killer Whale Museum as follows:

That the proposal for the construction of a new boat shed at Eden Killer Whale Museum is deferred until Council staff meet with the Eden Killer Whale Committee to discuss potential alternative locations and explain the native title implications on the current location.

Following the resolution, Council officers met with the committee and explained the native title implications of constructing a boat shed in the originally proposed location (Lot 1 DP 48609). The committee expressed a desire to have the boat located on the museum site and proposed an alternate location on the museum site land parcel (Lot 1 Section 6 DP 758379) which they hold under exclusive lease until 30 June 2039. As this reserve was created in 1931 for museum and public recreation purposes, native title implications in relation to additional public work on the land are anticipated to be manageable. However, a native title due diligence assessment and notification as per the requirements of the Native Title Act 1993 (Cth) (NT Act) to NTSCORP as the representative Aboriginal body for NSW and the South Coast People as the registered native title claimant will be required before any construction works can commence on the land.

While the committee intends to conduct further investigations into the suitability of the proposed location, they have requested Council support to store the boat on the land and potentially build a shed or cover to protect it. Although the proposal will likely still create an additional asset in Council’s depreciation schedule, it will not be on the same scale as the originally proposed boat shed and the committee will take full responsibility for the asset as they currently do with the museum building.

Figure 1: Diagram showing proposed location to accommodate storage of the boat show by a red X.

Options

The options available to Council are:

1. Approve the proposal from Eden Killer Whale Museum Management Committee Incorporated to construct a new shed or cover on Council Managed Crown Reserve (R62518). Noting the additional asset in Council’s depreciation schedule. Recommended.

2. Not support the proposal from Eden Killer Whale Museum Management Committee Incorporated to construct a new shed or cover on Council Managed Crown Reserve (R62518).

Community and Stakeholder Engagement

Engagement undertaken

Council officers recently engaged with the committee, addressing the implications of constructing a boat shed in the initially proposed location. Specifically, highlighting the native title concerns associated with the site.

Additionally, the officers outlined the process to store the boat on the museum land parcel, which the committee currently holds under an exclusive lease.

The applicant has received advice from the NSW Aboriginal Land Council that part withdrawal of Aboriginal Land Claims 42623 and 426264 from Lot 1 Section 6 DP 758379 and Lot 1 DP 48609 were registered with the Office of the Registrar on 28 March 2019.

Engagement planned

Council officers will continue to consult with representatives from Eden Killer Whale Museum Management Committee Incorporated to action the resolution of Council.

Financial and Resource Considerations

Council has not budgeted funds to support the proposal from Eden Killer Whale Museum Management Committee Incorporated, however the committee will take full responsibility for all costs associated with the project. The construction of a shed or cover over the boat once located on the land will create an additional asset in Council’s depreciation schedule that is not currently planned for.

Legal /Policy

The proposed project involves several critical legislative requirements including:

· Compliance with the Crown Land Management Act 2016 (NSW) and Local Government Act 1993 (NSW)

· Compatibility with the reserve purpose

· Native Title rights

· Aboriginal land claims

· Compliance with environmental and heritage regulations and ensuring an accessible design

· Adhering to Building Code standards, obtaining necessary planning and development approvals.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

Community Strategic Plan strategy:

D.5 Collaborate with partners to provide open space, facilities, activities and services that encourage more people to have active and healthy lifestyles and improve accessibility.

Delivery Program 2022-25 Action:

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

Environment and Climate Change

Environment and climate change considerations will be considered as part of necessary planning and development approvals for the project.

Economic

The Eden Killer Whale Museum Management Committee Incorporated are locally based, stand alone and not-for-profit. They are registered with the Australian Charities and Not-for-profit Commission. All profits are used to fund the core functions of the museum or to fund maintenance and upgrades to the building.

Risk

As the proposal may include public work on Council Managed Crown Reserve (R62518) a native title due diligence assessment will be required and notification as per the requirements of NT Act to NTSCORP as the representative Aboriginal body for NSW and the South Coast People as the registered native title claimant will be required before any construction works can commence on the land.

Any construction works on the land will affect native title, however, if the act impacting R62518 complies with the applicable provisions of the NT Act as a valid future act the work will be able to proceed. Should native title not prove to be extinguished by a prior act, any native title holders may be entitled to compensation for the act, in the event of a determination that native title exists in the land, and Council may be liable to indemnify the State in the payment of any compensation.

Social / Cultural

The voluntary efforts of the Eden Killer Whale Museum Management Committee Incorporated in preserving the maritime history for the Eden area over the years are certainly acknowledged and appreciated not only by Council, but the many locals and tourists who have had the opportunity to visit the Museum.

Attachments

Nil

Council 14 August 2024

Item 10.7

10.7. Adoption of Policy 6.23 - Payment of Expenses and Provision of Facilities to Councillors

Council must adopt an expenses and facilities policy that complies with sections 252 and 253 of the Local Government Act 1993 and the Office of Local Government’s (OLG) Guidelines for the payment of expenses and the provision of facilities for mayors and councillors in NSW.

Director Business & Governance

Officer’s Recommendation

1. That Council receive and note the update to section 4.2.1 of Policy 6.23 Payment of Expenses and Provision of Facilities for Councillors and the policy be exhibited for a period of at least 28 days and that submissions be received for 42 days.

2. That the exhibition period to commence after the conclusion of the caretaker period on 13 September 2024.

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

Executive Summary

Councils are required to have a policy for payment of expenses and provision of facilities which must comply with sections 252 and 253 of the Local Government Act 1993 and the Office of Local Government’s (OLG) Guidelines for the payment of expenses and the provision of facilities for mayors and councillors in NSW.

These guidelines and the Local Government Act require that this policy is placed on exhibition for community consultation and comment prior to adoption by Council.

The operational budget for Councillor fees and expenses in financial year 2024/2025 (FY2025) is $435,297.

Background

This policy is required to be reviewed annually to ensure that it aligns with Council’s adopted budget for FY2025. Section 4.2.1. The draft document presented for exhibition includes the monetary limits in accordance with the adopted FY2025 financial year budget.

Options

The recommended policy meets the requirements of Sections 252 and 253 of the Local Government Act 1993 and the amounts included are aligned with the adopted FY2025 budget.

Council has options to amend the budget allocations for the payment of expenses and provision of facilities at any time through the financial year.

Community and Stakeholder Engagement

Engagement undertaken

Community engagement was undertaken in developing the FY2025 annual budget, including councillor fees and expenses.

Engagement planned

Once the Draft Policy 6.23 Payment of expenses and provision of facilities for Councillors has been received and noted by Council, it will be exhibited for a period of 28 days with an opportunity to receive public submissions. Public exhibition will commence after caretaker period concludes on 13 September 2024.

This report recommends that if no submissions are received, the policy be adopted. If submissions are received during the exhibition period, a further report will be brought to Council to reconsider the provisions of the policy.

Financial and Resource Considerations

Council has adopted the FY2025 budget which includes an allocation amount for payment of Councillors facilities and expenses as outlined in the table below.

Payment of Councillor fees are determined by the Local Government Remuneration Tribunal Determination with an upper and lower limit based on the size of the Council. A report was presented to Council on 08 May 2024 confirming the fees for Bega Valley Shire Councillors for FY2025. The budget for FY2025 was adopted by Council on 26 June 2024.

The adopted budget relating to Councillor expenses is below. This has informed the policy that is the subject of this report and includes additional expenses required for a councillor induction program following local government elections in September 2024.

Expenditure Area	FY2023 Budget $ (exc. GST)
Mayoral Fee	49,200
Elected Members Fees	202,860
Elected Members Allowance	6,780
Superannuation Accumulation	28,987
Training & Development Courses	46,860
Materials Purchased	10,920
Stationery & Office Consumables	990
Travel and Accommodation Costs	16,500
Food & Catering Costs	24,220
Consultants	22,880
Lease and rental expenses	13,200
Plant Hire - Internal Usage	11,900

Legal /Policy

Councils must adopt an expenses and facilities procedure, which must comply with sections 252 and 253 of the Local Government Act 1993 and the Office of Local Government’s (OLG) Guidelines for the payment of expenses and the provision of facilities for mayors and councillors in NSW. This policy is based on the better practice Councillor Expenses and Facilities Policy template issued by OLG.

Sections 252 and 253 of the Local Government Act 1993 state:

252 Payment of expenses and provision of facilities

(1) Within the first 12 months of each term of a council, the council must adopt a policy concerning the payment of expenses incurred or to be incurred by, and the provision of facilities to, the mayor, the deputy mayor (if there is one) and the other councillors in relation to discharging the functions of civic office.

(2) The policy may provide for fees payable under this Division to be reduced by an amount representing the private benefit to the mayor or a councillor of a facility provided by the council to the mayor or councillor.

(3) A council must not pay any expenses incurred or to be incurred by, or provide any facilities to, the mayor, the deputy mayor (if there is one) or a councillor otherwise than in accordance with a policy under this section.

(4) A council may from time to time amend a policy under this section.

(5) A policy under this section must comply with the provisions of this Act, the regulations and any relevant guidelines issued under section 23A.

253 Requirements before policy concerning expenses and facilities can be adopted or amended

(1) A council must give public notice of its intention to adopt or amend a policy for the payment of expenses or provision of facilities allowing at least 28 days for the making of public submissions.

(2) Before adopting or amending the policy, the council must consider any submissions made within the time allowed for submissions and make any appropriate changes to the draft policy or amendment.

(3) Despite subsections (1) and (2), a council need not give public notice of a proposed amendment to its policy for the payment of expenses or provision of facilities if the council is of the opinion that the proposed amendment is not substantial.

(4) (Repealed)

(5) A council must comply with this section when proposing to adopt a policy in accordance with section 252(1) even if the council proposes to adopt a policy that is the same as its existing policy.

Further information can be found on the Office of Local Government Website: Councillor expenses and facilities

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

Review and adoption of this procedure aligns with the following FY2023 integrated planning and reporting:

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

Delivery Program: E1.1 Conduct day to day management of Council and support Councillors to undertake their role.

Operational Plan E1.1.1 Conduct the review of Council’s policies and procedures.

Environment and Climate Change

There are no environmental or climate change considerations related to this report.

Economic

Adoption of a clearly defined policy on the payment and provision of facilities to Councillors aligns with Council’s adopted budget.

Risk

Council should review this policy on an annual basis and ensure it aligns with the adopted budget. Council’s Annual Report includes information on actual payments to Councillors in relation to payment of fees and provision of facilities.

Adoption of this Policy procedure ensures approval arrangements for all expenses and facilities within the allocated budget and that any payments outside of the provisions require prior approval at a full meeting of the Council.

Social / Cultural

The policy outlining the payments and provisions of expenses to Councillors advises the Councillors, potential councillor candidates and community about the financial and administrative assistance provided to Councillors while undertaking their role as an elected official.

Attachments

1 ⇩. DRAFT Revised Policy 6.23 Payment of expenses and provision of facilities for Councillors v 4

Council	14 August 2024
*Item 8.2 - Attachment 1*	Proposed Subdivision Plan

Council	14 August 2024
*Item 8.2 - Attachment 2*	Section 4.15 Assessment Report

Council	14 August 2024
*Item 8.2 - Attachment 3*	Draft Notice of Determination (conditions of consent)

Council	14 August 2024
*Item 8.3 - Attachment 1*	Affordable Housing Strategy Implementation Plan progress update as at 30 June 2024

Council	14 August 2024
*Item 8.4 - Attachment 1*	Arts and Culture Plan - FINAL

Council	14 August 2024
*Item 8.4 - Attachment 2*	Arts and Culture Plan - with track changes

Council	14 August 2024
*Item 8.4 - Attachment 3*	Public exhibition submissions and staff responses

Council	14 August 2024
*Item 8.5 - Attachment 1*	Draft Bega Valley Shire Local Infrastructure Contributions Plan (as amended after exhibition)

Council	14 August 2024
*Item 8.5 - Attachment 2*	Draft Voluntary Planning Agreement Policy 4.11

Council	14 August 2024
*Item 8.5 - Attachment 3*	Draft Steps in Negotiation of a Voluntary Planning Agreement Procedure 4.11.1

Council	14 August 2024
*Item 8.6 - Attachment 1*	Merimbula and Back Lake CMP Draft - Part 1: Executive Summary

Council	14 August 2024
*Item 8.6 - Attachment 2*	Merimbula and Back Lake CMP Draft - Part 2: References

Council	14 August 2024
*Item 8.6 - Attachment 3*	Merimbula and Back Lake CMP Draft - Part 3: Appendices

Council	14 August 2024
*Item 9.1 - Attachment 1*	Bega Valley Active Transport Strategy

Council	14 August 2024
*Item 9.2 - Attachment 1*	Merimbula Skatepark - Concept Design - V Design revision D

Council	14 August 2024
*Item 9.11 - Attachment 1*	Memorandum of Understanding - Bega Valley Shire Council and Essential Energy- Management of vegetation near network assets

Council	14 August 2024
*Item 10.2 - Attachment 1*	Draft Policy 6.07 Investment Policy

Council	14 August 2024
*Item 10.3 - Attachment 1*	Operational Plan Progress Report 1 January to 30 June 2024

Council	14 August 2024
*Item 10.3 - Attachment 2*	Corporate-Measures-Jan-June-2024

Council	14 August 2024
*Item 10.4 - Attachment 1*	Bega Valley Shire road names by suburb

Council	14 August 2024
*Item 10.4 - Attachment 2*	Pre-approved road names report

Council	14 August 2024
*Item 10.5 - Attachment 1*	Ben Boyd Parade, Boydtown road status search

Council	14 August 2024
*Item 10.7 - Attachment 1*	DRAFT Revised Policy 6.23 Payment of expenses and provision of facilities for Councillors v 4

Council	14 August 2024
*Item 10.8 - Attachment 1*	2024.06.19 Grants Subcommittee Meeting Minutes 19 June 2024

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

Confidential Business

Adjournment Into Closed Session

Recommendation