Agenda of Council - Wednesday, 29 January 2025

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 29 January 2025

Item 8.1

8.1. Development Application statistics - October to December 2024

This report provides an update on Council’s development application processing timeframes for the period October to December 2024.

Director Community Environment and Planning

Officer’s Recommendation

That Council note the information contained in this report.

Executive Summary

This report provides an update on Council’s development application processing timeframes and associated challenges for the period 1 October to 31 December 2024, as well as processing timeframes for the full 2024 calendar year.

During this period, the average net DA processing time (i.e. minus ‘stop clock’ days) was 77.99 days, compared to the 2023 net average of 117.77 days. ‘Stop Clock’ days is the time taken for the Applicant to provide additional information. This time is not counted as processing time for the purpose of the ‘Deemed Refusal’ period.

The average gross DA processing time for this period was 142.51 days (compared to 159.96 days in 2023).

The results should be interpreted with caution as processing time varies based on the number and complexity of DAs received, as well as resourcing levels during the reporting period.

Background

Development Application processing times

	2024 Jan-Mar	2024 Apr-Jun	2024 Jul-Sept	2024 Oct-Dec	2024 (full year)	2023 (full year)
DAs determined+	70	103	88	80	343	414
New DAs received^	23	110	102	126	389	284
No of undetermined DAs^@	229	209	172	168 (as at 31 Dec)	168 (as at 31 Dec)	213 (as at 31 Dec)
Average DA processing time (gross)	131.28 days	163.19 days	175.96 days	142.51 days	162.03 days	159.96 days
Average DA processing time (net - ie minus ‘stop clock’ days)*	86.15 days	91.43 days	93.77 days	77.99 days	92.69 days	117.77 days
Estimated cost of construction (approved)	$32,014,287	$35,300,670	$34,268,969	$55,643,115	$170,178,307	$227,247,606

Notes:

- The statistics provided here are based on current Council data and reporting mechanisms and may not completely align with data provided on the NSW Planning Portal and NSW Government’s Council league table.

- + DAs determined does not include Modification Applications.

- ^ Not all DAs received will necessarily go through to determination. Some are withdrawn by Applicants or are returned for more information.

- *Stop Clock days is the time taken for the Applicant to provide additional information. This time is not counted as processing time for the purpose of the deemed refusal period.

^-^@Total number of undetermined applications includes Modification Applications

Black Summer Bushfire dwelling rebuilds

	As at Jul 2023	As at Nov 2023	As at Feb 2024	As at Jun 2024	As at Oct 2024	As at Jan 2025
Total bushfire DAs received	137	139	141	143	144	147

The average net DA processing time (i.e. minus ‘stop clock’ days) for all bushfire rebuilds is 34.81 days. The average gross DA processing time is 43.65 days.

Minister’s Statement of Expectations Order 2024

The Environmental Planning and Assessment (Statement of Expectations) Order 2024 came into effect on 1 July 2024. The Minister for Planning and Public Spaces, the Honourable Paul Scully MP, made the order to set the expectation for councils in relation to their performance of a range of planning and development functions under the Environmental Planning and Assessment Act 1979.

The Bega Valley has been set a gross average DA processing time of 115 days for the period of 1 July 2024 to 30 June 2025.

According to Council statistics, Bega Valley Shire Council’s 2023 financial year gross average was 159.96 days. In the quarter October to December 2024, the average gross processing time was 142.51 days and the whole calendar year average was 162.03 days.

However, different parameters are used by the State Government in the Council league table which tracks gross DA assessment timeframes across the state. According to this data set, Council’s current financial year (i.e. July to December 2024) average gross DA processing time is 142 days. This is a significant reduction from 165 days in 2023/24.

The Council league table is available online at: https://app.powerbi.com/view?r=eyJrIjoiMTlhNjZhZjItMWU1ZS00ZjE1LWI1YWUtMzY5YmIzYjM2ZjE2IiwidCI6Ijk2ZWY4ODIxLTJhMzktNDcxYy1iODlhLTY3YjA4MzNkZDNiOSJ9),

Council will continue to work towards achieving the financial year gross average of 115 days as specified in the Minister’s Statement of Expectations Order 2024.

Factors affecting development assessment timeframes

Council has been experiencing the effects of a state-wide skills shortage in town planning and development engineering which has resulted in significant vacancies over the past 3-4 years. The Graduate Planner role (vacant since May 2024) has now been filled, with the successful applicant commencing duties on 13 January 2025. One (1) Town Planner role remains vacant, after two unsuccessful rounds of recruitment, with efforts continuing to fill this position. As such, the development assessment service remains under pressure.

In an effort to address the ongoing resource pressures within the development assessment team, Council continues to utilise the services of a contract planner and a contract development engineer through Local Government NSW’s Remote Skills Contractor program.

The development assessment team is also being temporarily supported by two officers from the Certification team who are focusing on fast-track applications.

Grant funding has been sourced for the recruitment of an additional Cadet Planner and Planning Trainee (Para-Planner) under the NSW Government Fresh Start Local Government Apprentice, Trainee and Cadet Program. Recruitment processes for these two positions have commenced.

An existing Engineering Cadet will transfer into the Planning Services team in January 2025 to provide additional support to the Development Engineering section.

Also of note, the Federal Government announced late last year that Urban and Regional Planners have now been listed on the Core Skills Occupation List (CSOL). The CSOL provides access to temporary skilled migration for high demand occupations, potentially enabling such professionals access to longer term visas to work in Australia.

Options

There are no options associated with this report.

Community and Stakeholder Engagement

Engagement undertaken

Council has provided information on its website and through media enquiries and statements as needed to alert the community to delays in DA assessment timeframes as well as actions applicants and owners can take to streamline the process.

Engagement planned

No further engagement is planned as a result of this report, however website content will be updated as required to ensure the community is aware of current DA assessment challenges. Further updates to the website will be made over time to provide additional information to support applicants through the DA process.

Financial and Resource Considerations

Providing a development assessment service is a key part of Council’s core business and budget. There are no new financial impacts arising from this report.

Legal /Policy

Providing a development assessment service is a key part of Council’s core business. There are no new legal or policy impacts arising from this report.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

Development Assessment supports the five key themes in the Community Strategic Plan:

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

B. Our economy: A resilient and prosperous economy that supports employment and learning opportunities

C. Our environment: We embrace sustainable living and value and conserve our natural environment

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

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

Development applications are assessed in accordance with the Bega Valley Local Environmental Plan, Development Control Plan, and state government legislation.

Environment and Climate Change

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

Economic

There are no new economic impacts arising from this report.

Development plays a key role in supporting the shire’s economy, creating short term employment and, with commercial development, creating longer term employment opportunities.

Risk

There are no new risks arising from this report.

Social / Cultural

There are no new social or cultural impacts arising from this report. Development assessment enables housing growth and supports a connected and supported community.

Attachments

Nil

Council 29 January 2025

Item 9.1

9.1. Reporting of minutes from the Central Waste Facility Consultative Committee and General Sportsground Advisory quarterly Committee meetings

This report provides the adopted minutes for the Central Waste Facility (CWF) Consultative Committee meeting held 27 November 2024, and the S355 General Sportsground Advisory Committee quarterly meeting held 27 May 2024.

Director Assets and Operations

Officer’s Recommendation

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

Executive Summary

This report provides the adopted minutes for the CWF Consultative Committee meeting held on 27 November 2024, and the General Sportsground Advisory Committee quarterly meeting held 27 May 2024 for information. Due to the General Sportsground meetings being held quarterly, the minutes are confirmed three months in arrears and reported at the next available Council meeting.

Background

Committees of Council are established each term of Council and disbanded at the end of each Council term. On 9 October 2024 Council established various committees, groups and panels, following the election.

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

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

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

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

A brief explanation of the roles and functions of the CWF Consultative Committee and the General Sportsground Advisory Committee are outlined below.

Central Waste Facility Community Consultation Committee

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

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

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

General Sportsground Advisory Committee

Council has various sporting facilities across 17 sites with a range of assets with a current replacement cost of approximately $44million. The current BVSC sportsgrounds management structure was established in 2016. The intention of the Section 355 General Sportsground Advisory Committee is to consider matters that relate to sporting facilities management in a Shire wide context. Roles and responsibilities include:

· Making recommendations to Council on any aspect of sportsground management and/or sportsground operations

· Making recommendations to Council on appropriate fees and charges structures for sportsgrounds

· Advising Council of the membership of individual sportsground community committees

· Recommend financial allocations for individual sportsgrounds from Council funds and/or funds from other sources

· Establishment of working groups or special task groups where required and report back to the committee.

Options

That Council receive and note the report and attached minutes.

Community and Stakeholder Engagement

Engagement undertaken

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

Nominations for Council’s Sportsground General Advisory Committee (and other committees) committees were sought in line with Council’s adopted Community Engagement Strategy and Community Engagement Toolkit. The opportunity to participate in the committees was advertised via local newspapers, Council’s website, Council News and Facebook page.

Engagement planned

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

Financial and Resource Considerations

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

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

Legal /Policy

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

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

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

E. Our Civic leadership

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

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

Environment and Climate Change

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

Economic

Volunteer committees play an integral part in the management sporting facilities that would otherwise fall to Council. In this respect there is a positive economic dividend by supporting this activity.

Risk

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

Social / Cultural

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

Attachments

1 ⇩. CWF Consultative Committee Minutes - November 2024

2 ⇩. S355 General Sportsground Quarterly Committee Meeting minutes 27 May 2024

Council 29 January 2025

Item 9.2

9.2. DRAFT Waste Strategy 2025-2035 "Resources Not Waste"

This report seeks Council’s resolution to publicly exhibit the DRAFT “Waste Strategy 2025-2035: Resources Not Waste”.

Director Assets and Operations

Officer’s Recommendation

1. Approve the public exhibition of the DRAFT “Waste Strategy 2025-2035: Resources Not Waste” for not less than 28 days.

2. That Council Officers report back to Council following the public exhibition.

Executive Summary

A new Waste Strategy 2025-2035 “Resources Not Waste” (the DRAFT Strategy) has been prepared and is now presented for initial Council consideration. Council officers seek to publicly exhibit the DRAFT Strategy and conduct a community “Have Your Say” campaign before reporting back to Council with a listening report and recommendations on whether to progress to adoption.

Background

The adopted Waste and Recycling service strategy “Recycling the Future” was adopted in 2018 and had a ten (10) year forward outlook. Council has fully or partially achieved fourteen (14) out of the nineteen (19) strategic actions adopted in “Recycling the Future”. The remaining actions are referenced in the DRAFT Strategy.

In 2021 the NSW Government updated its State-wide waste and resource recovery policy framework when it released the NSW Waste and Sustainable Materials Strategy 2041: Stage 1 – 2021-2027 (WaSM). This didn’t necessitate an immediate review and update of the existing adopted Council strategy as they were reasonably well aligned in their respective early year actions.

However, as we progress under both Council and State policy/strategy frameworks there is greater divergence as we near 2027-2028. Notably the updated NSW WaSM targets reference interim and final milestones in 2025 and 2030 that are not reflected or referenced in council’s adopted strategy.

In 2023, the Waste team began planning for a review and update of the adopted strategy. The Waste and Recycling team, with the backing of the council’s executive undertook the development of the DRAFT Strategy in-house with limited reliance on waste sector consultants. Considerable community engagement was planned to include forming a community working group from interested individuals, undertaking a comprehensive community survey, and engaging internal staff, to maximise stakeholder input prior to writing the DRAFT Strategy.

The project commenced in earnest in October 2023, with the formation of the community waste strategy working group. Throughout the course of the following year council staff engaged internally and externally. After careful consideration of engagement feedback the DRAFT Strategy is presented for initial Council consideration.

Options

The recommended option is to approve the public exhibition of the DRAFT Strategy for not less than 28 days, meeting the legislated obligations for community consultation for a document of this importance.

Following public exhibition and community “Have Your Say”, a second report will be prepared for Council consideration, including a listening report. It is anticipated that amendments to the DRAFT Strategy may be made based on community feedback, with a FINAL DRAFT Strategy presented for adoption.

Council has the option to reject publicly exhibiting the DRAFT Strategy and provide direction to officers on how to proceed.

Community and Stakeholder Engagement

The DRAFT Strategy development was managed as a project, with significant focus on community engagement prior to the DRAFT Strategy’s authoring.

Waste and recycling is a core service of Council that impacts every resident and the environment. Under the IAP2 Framework the DRAFT Strategy was assessed as having HIGH community impact and HIGH community scale. This results in a requirement to “inform + consult + involve + collaborate”.

Engagement undertaken

The DRAFT Strategy development project undertook considerable community engagement. This is described in full in the DRAFT Strategy including appendices.

The lead author engaged Waste and Recycling service team members to undertake a detailed strengths, weaknesses, opportunities, and threats (SWOT) analysis. A SWOT analysis is a well adopted business strategic planning tool. The outcomes of the analysis are presented as part of the DRAFT Strategy.

Staff also brought together a community working group to assist the lead author in undertaking a strategic review. The group consisted of five (5) to seven (7) community members who nominated following a public Expression of Interest (EOI). Over the course of 12 months, the group came together for three (3) workshops to review and discuss the DRAFT Strategy’s development. This included input into the design of community engagement materials such as the survey, the review of the outcomes of the SWOT analysis and a review of an early DRAFT Strategy. Importantly, the group had considerable input into the development of the DRAFT Strategy “Vision” statements and the “Strategic Themes and Actions”. The minutes of the working group meetings are provided as attachments to this report.

Council officers undertook a comprehensive Waste Service Review and Customer Satisfaction Survey (the Survey) in early 2024. This involved a Council internal survey, community “Have Your Say” campaign and attendance at eight (8) community events. This resulted in a total of 452 Surveys and a 95% confidence rating in the results. The listening report is presented as part of the DRAFT Strategy.

These engagement activities deliberately took place prior to writing the DRAFT Strategy so that community engagement was maximised in its development.

This approach achieves the full spectrum of public participation in the IAP2 Framework “inform + consult + involve + collaborate”.

Engagement planned

This report seeks Council’s resolution to place the DRAFT Strategy on public exhibition for community “Have Your Say”. In doing so, Council will meet its legislative responsibilities for community consultation and the final level of participation (Empower) under the IAP2 Spectrum of Public Participation.

This is the final step in community engagement for this project prior to Council consideration for adopting the Strategy.

This is not the final engagement regarding the Strategic Themes and Actions presented in the DRAFT Strategy. If adopted, most actions (if not all) will have some level of community impact and community scale and the requirement for further community engagement will be assessed against Council’s Community Engagement Strategy. Council commits to undertaking the required engagement at the appropriate time in the future.

Financial and Resource Considerations

The costs already incurred in developing the strategy are reported below, including modest costs for waste audits undertaken by consultants. Employee costs should be noted as a sunk cost, attributed to the project. Similarly, waste audits are conducted approximately every two (2) years to maintain a usable database over time. Funds were sourced entirely from the Waste Fund GL 10850.

The strategy will guide Council's future investment decisions in its waste and recycling services. However, the DRAFT Strategy is not prescriptive in how or precisely what will be delivered and the extent of future investment, and therefore does not lock-in particular cost commitments. The DRAFT Strategy refers to the waste and recycling service 30-year financial model, which is updated regularly and subject to annual review and approval through Council’s long-term financial planning processes.

Item	$ Excl GST
Expenditure Detail
Employee Costs	$29,324
Waste Audits	$50,754
Materials and Other Costs	$5,276
Total Expenditure	$85,354

Legal /Policy

Legal and policy issues that influence the delivery of waste and recycling services are referenced in the DRAFT Strategy.

Council’s provision of domestic waste services is legislated in the Local Government Act 1993 NSW, with complimentary provisions in the Local Government (General) Regulation 2021 and the Protection of the Environment Operations Act 1997 NSW and its General and (Waste) Regulation.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

The DRAFT Strategy is aligned to Council’s Community Strategic Plan 2042 (CSP). It serves as a bridging strategy between the high-level community aspirations in the CSP to give relevant service-specific direction for the Waste and Recycling Service. It seeks to address Strategy C.3. “Collaborate with partners and our community to support innovative approaches to waste minimisation and increase reuse and recycling opportunities”, as well as several sustainable development goals:

· Goal 9 Industry, innovation, and infrastructure

· Goal 11 Sustainable cities and communities

· Goal 12 Responsible consumption and production

· Goal 13 Climate Action

· Goal 15 Life on Land

· Goal 17 Partnerships for the goals

Council aligns this DRAFT Strategy to the national and state frameworks and targets, particularly those set out in the NSW Waste and Sustainable Materials Strategy 2041: Stage 1 – 2021-2027 (WaSM). Council will need to update its infrastructure, operations, and service levels to achieve these ambitious goals.

Environment and Climate Change

The DRAFT Strategy aligns with Council’s other environmental and climate change related strategies, notably the Climate Resilience Strategy 2050 and coastal and estuary management plans.

Economic

The Strategic Themes and Actions in the DRAFT Strategy propose increased economic opportunity through partnerships, grants, new service contracts and infrastructure development. These are impossible to accurately quantify at the strategy stage and will be further developed as the actions progress to deliverable projects.

Risk

There is a risk that parts of the community will reject certain aspects of the DRAFT Strategy. This is mitigated by having adopted much of the feedback received through the Survey. The Survey does reveal that the community is not unanimous in their desire for improved services and there are diametrically opposed positions on certain issues that relate to the service such as cost, frequency of red bin collection, equitable access to waste and recycling centres, and desire for future investment.

This risk is further mitigated by public exhibition and listening to community responses through the “Have Your Say”. Where able, the community feedback will be adopted into the Strategy.

There are no other risks identified in placing the DRAFT Strategy on exhibition.

Social / Cultural

There are no cultural impacts associated with the DRAFT Strategy. There are significant social impacts in how council provides waste and recycling services to the community, and the DRAFT Strategy provides direction on how community and council will collaborate to achieve net-positive social benefits including a reduction in waste generation, increases in resource recovery and lower environmental impacts.

Attachments

1 ⇩. DRAFT Waste Strategy 2025 - 2035 Resources, Not Waste

2 ⇩. Waste Strategy Working Group Minutes of Meeting 14 February 2024

3 ⇩. Waste Strategy Working Group Minutes of Meeting 1 October 2024

4 ⇩. Waste Strategy Working Group Minutes of Meeting 4 October 2023

Council 29 January 2025

Item 9.3

9.3. Bega Valley Local Traffic Committee December 2024

This report provides the recommendations of the Local Traffic Committee (LTC) meeting held on 2 December 2024.

Director Assets and Operations

Officer’s Recommendation

That Council adopt the recommendations of the Bega Valley Local traffic Committee (LTC) meeting held on 2 December 2024 as outlined below:

1. That, subject to conditions, sections of William Street between Eden and Queen Streets and Hood Street between Bega and William Street, Candelo be temporarily closed from 9.00am on Saturday, 29 March 2025 to 11.00pm on Saturday, 29 March 2025 for the Candelo Village Festival.

2. That, the proposed traffic arrangements involving the temporary closure of William Street and Hood Street, Candelo for the Candelo Village Festival on Saturday, 29 March 2025, be deemed a Class 2 special event and it be conducted under an approved Traffic Guidance Scheme (TGS), in accordance with SafeWork NSW Guidelines and Transport for NSW (TfNSW) Traffic Control Guidelines.

3. That, the proposed arrangement involving road closures with an on-road assembly, the following are to be included in the TGS to physically obstruct access to the closed road:

The road closed (T2-4) sign must be used in conjunction with barrier boards at the start of the site to prohibit general road user access.

At least 2 Traffic control vehicles to be used to physically obstruct access to closed roads to supplement delineation devices if delineation devices alone are insufficient.

4. That, the event organisers notify affected property owners of changes to road conditions at least one month prior to the event taking place.

5. That, persons involved in the preparation and implementation of the TGS must hold the appropriate SafeWork NSW accreditation.

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

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

8. That, prior to the event organisers have written approval from the NSW Police Force.

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

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

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

Executive Summary

It is a requirement for Council to formally adopt the recommendations from the Local Traffic Committee prior to actions being implemented.

Background

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

The following submissions for Council action were received at the LTC meeting held on 2 December 2024

Candelo Village Festival 29 March 2025

A submission was received from Candelo Arts Society for the Candelo Village Festival, to be held on Saturday 29 March 2025. This is a one-day community celebration featuring local artists, market stalls, workshops, talks and street performances. Setup will take place on 28 March 2025, 9.00am with pack down completed by 6.00pm on 30 March 2025.

The event will commence at 10.00am and complete at 10.00pm on Saturday 29 March 2025.

See attached: Candelo Village Festival 2025

Options

1. Accept the recommendations provided by the LTC and resolve accordingly.

2. Reject the recommendations provided by the LTC Committee and resolve accordingly.

Community and Stakeholder Engagement

Engagement undertaken

There was no community engagement undertaken in relation to this report.

Engagement planned

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

Financial and Resource Considerations

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

Legal /Policy

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

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

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

Environment and Climate Change

There are no significant environmental impacts or climate change implications associated with this report.

Economic

There are minor positive economic impacts associated with the approval of Candelo Village Festival through consumption of local goods and services.

Risk

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

Social / Cultural

There are minor positive social and cultural impacts because of this report. Traffic management arrangements within the Candelo, William Street and Hood Street area will enhance safer community movements during this event. The event enhances social connection within the village during the event.

Attachments

1 ⇩. Candelo Village Festival 2025

Council 29 January 2025

Item 9.4

9.4. Request for Tender (RFT) 2425-022 Boating and Marine Recreation Operational Servicing

This report outlines the evaluation of RFT 2425-022- Boating and marine recreation operational servicing and recommends awarding a contract to the preferred tenderer.

Director Assets and Operations

Officer’s Recommendation

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

2. That Council accept the tender from xxxx in relation to contract for the works described in Tender RFT 2425-022 Boating and Marine Recreation, Operational Servicing for the in the annual amount of $xxx (including GST),

3. That authority be delegated to the Chief Executive Officer to execute all necessary documentation and approve contract variations up to the available allocated budget.

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

Executive Summary

Operational servicing of boating and marine recreation assets provides the community with maintained boating and marine recreation facilities. A tender process RFT 2425-022 was run with an intention to contract services to a suitably qualified service provider for a five-year period. Considerations for the environment have been incorporated in the maintenance specification using reticulated sea water for these services. It is acknowledged that the local economy is stimulated through access to boating and marine infrastructure, therefore having fit for purpose, safe and functional assets indirectly contribute to that economy, as well as having increased social, physical, and mental health benefits of individuals and the community. This report and the attached confidential memorandum recommend entering into a contract for the works.

Background

The tender RFT 2425-022 was released to market to implement a program of regular operational services to boat ramps, pontoons, fish cleaning tables, marine recreation assets and associated signage. The intention was to create a five (5) year contract with a supplier to follow a planned program of maintenance to maintain safe, functional, and enjoyable boating infrastructure and marine recreation assets for residents and visitors to the Bega Valley Shire.

The Tender was released on 18 September 2024 via VendorPanel. Tenders closed on 8 October 2024 with two submissions received.

Options

1. Accept the report recommendation to enter into a contract to deliver planned and programmed services within the adopted budget. This is the recommended option.

2. Not accept the recommendation and revert to a reactive maintenance model which typically delivers lower service levels at higher cost. This is not the recommended option.

Community and Stakeholder Engagement

Engagement undertaken

As this is an operational service contract to maintain reasonable service levels, no community engagement has been initiated or is planned.

Engagement planned

Signage is placed on site during works. If there is a need to fully close facilities notifications will be distributed by social media.

Financial and Resource Considerations

Operational budget expenditure. Total expenditure indicates five-year period of service contract.

Item	$ Excl GST
Expenditure Detail
	Refer confidential memo
Total Expenditure	(sum of all costs)

Source of Funds
BVSC Annual operational budget	$62,110
Total income available (annual)	$62,110

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

Financial Option Impacts | Life Cycle Costing

Ongoing Financial Impacts	$ Excl GST
Capital Investment \| Renewal, Upgrade, New	Not applicable. Operational services contract.
Annual maintenance and operational costs	Refer attached confidential memo
Depreciation costs	Not applicable. Operational services contract.
User charges (annual income)	Nil

Legal /Policy

The tender process complied with the Local Government Act 1993 and the Local Government (General) Regulation 2021.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

Aligns with Community Strategic Plan D.5.1

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

Environment and Climate Change

The maintenance specification for this operational task outlines the use of reticulated sea water for the pressure cleaning of boat ramp and marine recreation assets, which in turn is returned back to its local source. Works do not use potable drinking water.

Economic

Boating infrastructure provides an economic trade from locals and visitors to the region. Having assets adequately maintained helps to continue this benefit.

Risk

Increased potential for user injury, as well as increased reputational risk if assets are not adequately maintained.

Social / Cultural

Access to safe, functional and fit for purpose community assets help to increase the social, mental and physical health of individuals and the community.

Attachments

1 . Confidential Attachment RFT 2425-022 Boating and Marine Servicing (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 29 January 2025

Item 9.5

9.5. Request for Tender (RFT) 2425-025 - Old Wallagoot Road Disaster Recovery Funding Arrangements (DRFA) and reinforced concrete box culvert (RCBC) works.

This report outlines the evaluation of Request for Tender RFT 2425-025 Old Wallagoot Road DRFA and RCBC Works 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 <xxxxx> in relation to the contract for the works as described in RFT 2425-025, in the amount of <xxxx> (including GST), subject to provisional sums, variations and prime cost items.

3. That authority be delegated to the CEO to execute all necessary documentation and approve contract variations up to the available allocated budget.

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

Executive Summary

This report details the outcome of the evaluation of Request for Tender RFT 2425-025. The project broadly includes:

1. To perform road restoration, drainage works and removal of vegetation at Old Wallagoot Road to reinstate the assets back to pre-event condition or modern-day compliant equivalent after multiple natural disaster events.

2. Stormwater infrastructure including installation of precast box culverts, cast-in situ base slab and headwalls, and associated drainage works.

The procurement has been carried out in accordance with Council’s procurement procedures. The Request for Tender (RFT) was advertised on 20 September 2024 via VendorPanel marketplace. The request was released as an open tender with submissions closing on 11 October 2024. Three submissions were received.

The results of the detailed evaluation of each tender submission are consolidated in the confidential memorandum.

The project is partly funded through the Disaster Recovery Funding Arrangements (DRFA). Council is contributing additional funds to incorporate betterment works through the installation of Council supplied reinforced concrete box culverts (RCBC) to mitigate the risk of future 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 an initial 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

· Installation of box culverts

An initial Request for Tender (RFT) was issued on 9 April 2024. At tender close on 29 April 2024 only 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 were identified, addressed, and incorporated into the revised scope. Therefore, in the best interests of the project and noting that both tenders received were non-conforming, all tenders were rejected at this time.

An updated design and scope of work was developed to address all new requirements and an updated RFT was advertised on 20 September 2024 via VendorPanel marketplace. A site briefing was held on 26 September 2024 at Old Wallagoot Road, with four vendors attending. The request was released as an open tender with submissions closing on 11 October 2024. Three submissions were received.

During the tender period, a potential aboriginal heritage site was identified at the southern end of the proposed construction site. An addendum was issued with an updated price breakdown which listed approximately 400m of road around this potential aboriginal site as a provisional item so it could be easily removed if work could not be completed in this area. A heritage consultant was engaged to complete a due diligence report and found that the site was located outside of our proposed work zone. As such the provisional items referencing Chainage 980 to 1340 will be required and have been included in the project total cost referenced in the confidential memorandum.

The tenders were evaluated according to price (20%) and non-price (80%) criteria. Information provided by tenderers within their tender submission, in particular price information, is ‘commercial in confidence’ and is included in the attached confidential memorandum.

Options

1. Proceed with the recommended tenderer.

This option allows commencement of works to align with tender program which meets the DRFA funding deadline. The associated pricing falls within the allocated budget provided by TfNSW. This is the preferred option.

2. Reject recommended tenderer.

This would increase the likelihood of extended delivery timelines which could result in further deterioration of the road, missed deadlines, possible retraction of agreed funding and increased supply costs. This is not the 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 and recommendations within this REF when the construction phase commences.

The community has been notified about the current road closures via a media release from the Council’s communications team as well as Live Traffic NSW updates and signage placed onsite.

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 Works and Assets, Project and Design Services, Sewer and Water and Disaster Recovery.

Engagement planned

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 timeframe for road closure. The community will continue to be informed of road closures and eventual reopening via a media release from the Council’s communications team as well as Live Traffic NSW updates and signage placed onsite.

Financial and Resource Considerations

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


Total Expenditure	Refer Confidential Attachment

Source of Funds
DRFA Funding (TfNSW)	Refer Confidential Attachment
BVSC Works Contribution	Refer Confidential Attachment
<reserve funds\|name of reserve
Total income available	* total income = total project cost

Total Project Capital Cost	Refer Confidential Attachment
Total Available Construction Funding	Refer Confidential Attachment
Project Funding Shortfall	Refer Confidential Attachment

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 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

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

An 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.

A culvert will be installed within an area identified as Key Fish Habitat and as such a permit has already been obtained from The Department of Primary Industries – Fisheries which will enable us to complete this work with minimum impact on fish within the area.

An aboriginal heritage site was initially identified at the southern end of the proposed construction site. Onsite Heritage were engaged to complete a due diligence report on this find to ensure the proposed construction would not cause any unnecessary damage to artefacts. Onsite heritage found that the artefact had been incorrectly logged when the database was created, and the artefact was actually 5km South East of the site so there is no risk of causing damage.

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

Accepting this Tender will allow council to complete this work while funding via DRFA is available. Delaying the project may result in the funding expiring on 30 June 2026 before the work is complete.

Social / Cultural

Restoration of the road to its intended operational conditions will improve the immediate local community using Old Wallagoot Road, access to services in other service centres within the Shire such as Eden, Merimbula and Bega.

Attachments

1. 2025.01.29 Council Report No Request for Tender (RFT) 2425-025 Old Wallagoot Road DRFA and RCBC Works Confidential Memorandum to Councillors (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 29 January 2025

Item 9.6

9.6. Request for Tender (RFT) 2425-046 Towamba Road Design and Construct Block Wall

This report outlines the evaluation of the Request for Tender (RFT) 2425-046 Towamba Road Design and Construct Block Wall Disaster Recovery Funding Arrangement (DRFA) works 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 <xxxx> in relation to contract for the works described in Tender RFT 2425-046, in the amount of <xxxx> (including GST), subject to variations, provisional sums and prime cost items.

3. That authority be delegated to the CEO to execute all necessary documentation and approve contract variation up to the available allocated budget.

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

Executive Summary

Towamba Road has suffered damage from multiple declared flood events and requires repairs to the embankment. Council is seeking a qualified contractor to design and construct a 60-metre-long concrete block wall to stabilise this embankment. The repair work is to be funded under the Disaster Recovery Funding Arrangement (DRFA) to mitigate the risk of further damages to the 60 metre stretch of Towamba Road 14.5km from the intersection with the Princes Highway.

Background

This damage was first raised by the Disaster Recovery team on 25 May 2023 when it was observed that a landslip had occurred. The landslip was approximately 60m long and removed most of the material outside of the guardrail. A concrete block wall tying into the existing block wall to the west of this landslip was identified as the preferred repair. After discussions with Transport for NSW (TfNSW) approval was received to progress with procurement and construction.

The scope of works includes:

· Undertake site investigations including survey and geotechnical testing

· Provide detailed engineered drawing and specification for approval prior to commencement

· Remove debris/spoil from embankment to allow for construction of the structure

· Construct concrete block wall (60m x 3m) to the approved engineering drawing and include:

o Upslope treatments

o Guardrail removal and reinstatement

o Lower embankment treatment

The request for tender was issued on 22 October 2024. A site briefing was held on 30 October 2024 onsite, with one vendor attending. At tender close on 12 November 2024, three submissions were received. The tenders were evaluated according to price (30%) and non-price (70%) criteria. Information provided by tenderers within their tender submission, in particular price information, is ‘commercial in confidence’ and is included in the attached confidential memorandum.

Options

1. Proceed with the recommended tenderer.

2. Reject recommended tenderer.

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 the REF when the construction phase commences.

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 Works and Assets, and Disaster Recovery.

Engagement planned

Financial and Resource Considerations

Item	$ Excl GST
Expenditure Detail
Towamba Road Design and Construct Block Wall	Refer Confidential Attachment
Total Expenditure	Refer Confidential Attachment

Source of Funds	Refer Confidential Attachment
DRFA Funding (TfNSW)
Total income available	Refer Confidential Attachment

Total Project Capital Cost	Refer Confidential Attachment
Total Available Construction Funding	$822,541.04
Project Funding Shortfall	Refer Confidential Attachment

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 2425-046 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

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

Economic

Improvements to the design of this project will reduce Council’s ongoing maintenance costs associated with this road. This project will also reduce the likelihood of future landslips and subsequent road closures on Towamba Road.

Risk

Accepting this Tender will allow council to complete this work whilst DRFA funding is available. Delaying the project may result in the funding expiring on 30 June 2026 before the work is complete.

If this work doesn’t occur then it is highly likely that further landslips will occur in future flood and storm events which will likely result in lengthy road closures.

Social / Cultural

There are no additional Social/ Cultural benefits associated with this report. Restoration of the road to its intended operational conditions allows the communities using the road to access services in other service centres within the Shire such as Eden, Merimbula and Bega.

Attachments

1. RFT 2425-046 Towamba Road Design and Construction Block Wall 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 29 January 2025

Item 10.1

10.1. Quarterly Budget Review Statement (QBRS) December 2024 Q2

Quarterly Budget Review Statements (QBRS) are prepared and presented to Council in accordance with Section 203 of the Local Government (General) Regulation 2021.

Director Business & Governance

Officer’s Recommendation

1. That Council receive and note the December 2024 Quarterly Budget Review Statement.

2. That the budget recommendations detailed in the attachment to this report be adopted.

Executive Summary

As part of the Integrated Planning and Reporting (IPR) framework, a Quarterly Budget Review Statement (QBRS) must be presented to Council for each financial quarter. This report provides the FY2025 December (Q2) Quarterly Budget Review Statement.

In summary, the QBRS report for the quarter ending 31 December 2024 provides the following projected results:

· Total Income increased by $0.2m

- Rates and annual charges increased by $0.1m

- User fees and charges increased by $0.1m

- Interest and Investment revenue increased by $0.5m

- Operational grants decreased by $2.6

- Capital grants increased by $2.0m

· Expenses decreased by $2.3m

- Employee benefits and oncosts decreased by $0.9m

- Materials and services decreased by $1.3m

· Consolidated net operating result before grants and contributions provided for capital purposes has a projected deficit of $7.2m

· Capital expenditure decreased by $6.0m

- Roads, bridges and footpaths increased $1.1m

- Open space/recreational assets increased by $0.3m

- Pools decreased by $0.4m

- Other structures decreased by $0.3m

- Water supply network decreased by $2.1m

- Sewer supply network decreased by 4.7m

· The revised projected cash figure at 30 June 2025 is expected to be $97.6m with external restrictions of $67.8m.

The Responsible Accounting Officer reports that the December quarterly review presented indicates Council's projected financial position at 30 June 2025 will be satisfactory.

Background

The QBRS is presented in a summary format which shows council’s income statement by fund and type.

The Capital Budget Review Statement (CBRS) is also prepared by type and provides variance details. It is the intent of this report to provide information on the financial performance of Council as a whole and, for each activity of Council.

The budgeting process sees Council develop annual budgets in March of each year. As can be expected, many external factors are unknown at that time and therefore it is important that routine budget reviews are undertaken and presented to Council for adoption. As required by the Local Government (General) Regulation 2021, we request budget adjustments through the QBRS process.

Council officers retain the ability to enquire, transact, and report on the detailed general ledger, which includes budgets. If there are specific questions relating to detailed transactional information, officers can provide answers to those questions.

Operationally, our teams are continuing to demonstrate improvement in our financial reporting and systems, focusing on reducing errors and improving real time information.

Options

A detailed review by council officers has been undertaken to prepare the QBRS. It is recommended this is adopted to continue to support Council staff to deliver for the community.

Council has the option to consider other budget adjustments.

Community and Stakeholder Engagement

Engagement undertaken

Internal engagement with staff has been undertaken to develop the recommendations for the QBRS.

Engagement planned

The budget adjustments requested in the QBRS are included as an attachment to the business paper and published on Council’s website. Once approved, the adjustments are made in our financial reporting systems. Future reports reflect the adopted changes.

Financial and Resource Considerations

Operating Result

Council’s consolidated budget, net operating result, has improved by $2.5m since the September quarterly review. The revised December budget is projecting a surplus of $44.2m. The consolidated net operating result before grants and contributions provided for capital purposes has improved by $0.5m, resulting in a projected deficit of $7.2m.Income streams have seen an increase in rates and annual charges of $0.1m, fees and charges of $0.1m and investment income of $0.5m.

Operational Grants have decreased by $2.6m. Included in the total amount are new grants, previously received grants and new grants transferred to contract liability. The largest impact was the reduction of NDIS Operations grant income; this may continue to decrease as clients transition to new providers.

Capital Grants increased by $2.0m Included in the total are new grants, previously received grants and new grants transferred to contract liability.

Expenses decreased by $2.3m.

Employee costs decreased by $0.9m. Materials and services decreased by $1.3m that relate to grant funded programs. The largest movement being a reduction of NDIS Operations expense of $2.5m, this may continue to decrease as clients transition to new providers.

The recommended changes have the following impact on the net operating result by fund:

	Revised Budget (incorporating revotes/carry overs	Requested Changes	Projected Year End Result
General Fund	32,382,112	2,299,954	34,682,066
Water Fund	3,609,211	0	3,609,211
Sewer Fund	5,718,914	176,202	5,895,116

The recommended changes have the following impact on the net operating result before grants and contributions provided for capital purposes by fund:

	Revised Budget (incorporating revotes/carry overs	Requested Changes	Projected Year End Result
General Fund	(9,340,354)	306,853	(9,033,501)
Water Fund	(2,428,816)	0	(2,428,816)
Sewer Fund	4,082,164	176,202	4,258,366

Capital

Capital expenditure is estimated to decrease by $6.0m in the December QBRS to $116m. The largest movements were in the Water supply network where capital projects decreased by $2.1m and the Sewer supply network of $4.7m due to projects being deferred.

Cash and Investments

Council had cash and investments of $143.2m at 31 December 2024. The revised projected cash figure at 30 June 2025 is expected to be $97.6m of which $67.8m is expected to be externally restricted.

Legal /Policy

In accordance with Regulation 203(1) of the Local Government (General) Regulation 2021, the Responsible Accounting Officer must prepare and submit to the Council a Budget Review Statement after the end of each quarter.

Clause 203 of the Local Government (General) Regulations 2021 states:

Budget Review Statements and revision of estimates

1. Not later than two months after the end of each quarter (except the June quarter), the responsible accounting officer of a council must prepare and submit to the council a budget review statement that shows, by reference to the estimate of income and expenditure set out in the statement of the council’s revenue policy included in the operational plan for the relevant year, a revised estimate of the income and expenditure for that year.

2. A budget review statement must include or be accompanied by:

a. A report as to whether or not the responsible accounting officer believes that the statement indicates that the financial position of the council is satisfactory, having regard to the original estimate of income and expenditure, and

b. If that position is unsatisfactory, recommendations for remedial action.

c. A budget review statement must also include any information required by the Code to be included in such a statement.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

Council’s 2022–2025 Delivery Program and 2024-2025 Operational Plan provides the Financial Estimates 2022–2025 which includes the Budget for 2024-2025 (FY2025).

Review and adoption of Quarterly Budget Review Statement aligns with the following FY2025 integrated planning and reporting:

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

Delivery Program E.4.1 – Improve the provision of corporate financial services

Operational Plan Finance | core business - Preparation of compliant financial reports

Environment and Climate Change

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

Economic

Council and its expenditure have a significant economic impact on the Bega Valley. The recommended adjustments to the adopted budget ensure as an organisation we can continue to deliver the services and projects committed to in the FY2025 Operational Plan.

Risk

Financial stability is defined in terms of Council's ability to facilitate and enhance economic processes, manage risks, and absorb shocks. Moreover, financial stability is considered a continuum: changeable over time and consistent with multiple combinations of the constituent elements of finance.

The QBRS process helps to provide transparency and accountability into the financial management of Council.

Social / Cultural

The attachments to this report detail the recommended adjustments to our budget, which may have some impacts on social and cultural services.

The officer’s recommendation is to support the continued service provisions and associated budgets as detailed in the organisation’s plans as contained in the attached

Attachments

1 ⇩. Quarterly Budget Review Statement Q2 FY25

Council 29 January 2025

Item 10.2

10.2. Certificate of Investment December 2024

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

Director Business & Governance

Officer’s Recommendation

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

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

Executive Summary

I, Judy Jordan, as the Responsible Accounting Officer of Bega Valley Shire Council, hereby certify the investments listed in the attached reports have been made in accordance with Section 625 of the Local Government Act 1993 (the LG Act), clause 212 of the Local Government (General) Regulation 2021.

On 31 December 2024 the total capital value of cash and investments was $143,176,315.83 with 88% of Council’s investment portfolio directed to term deposits and the remainder held in cash deposit accounts. The following is investment information by fund:

Fund	December-2024 ($’000)
General Fund	51,728
Water Fund	27,140
Sewer Fund	64,308
TOTAL	143,176

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

Background

The Local Government Act 1993 and Local Government Regulation 2021 require that the Responsible Accounting Officer must present to council monthly, the status of the investments held by council. The Responsible Accounting Officer must detail the investments held, and their compliance with both internal policy and external regulation under the Ministerial Order of Investments.

Options

This is a receive and note report and does not require consideration of options for decision.

Community and Stakeholder Engagement

Engagement undertaken

There is no community or stakeholder engagement associated with the recommendation of this report.

Engagement planned

The investment details of council are published in council business papers and are publicly available at Council offices and on Council’s website.

Financial and Resource Considerations

A list of Councils cash and investments held at 31 December 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	7,035,024.80
Commonwealth Bank (At Call cash account)	AA-	CASH	-	-	4.40	10,000,000.00
NSW Treasury Corporation (Strategic Cash Fund)	AA-	CASH	-	-	-	141,291.03
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	25/09/2024	25/02/2025	5.00	5,000,000.00
Suncorp	AA-	TD	30/11/2023	11/03/2025	5.40	2,000,000.00
NAB	AA-	TD	11/03/2024	11/03/2025	5.07	5,000,000.00
ING Bank	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 Bank	A	TD	28/05/2024	28/05/2025	5.27	3,000,000.00
ING Bank	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
Bank of Queensland	A-	TD	18/12/2024	18/06/2025	5.20	3,000,000.00
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	25/09/2025	5.30	2,000,000.00
Suncorp	AA-	TD	18/12/2024	15/10/2025	5.05	3,000,000.00
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
NAB	AA-	TD	18/12/2024	14/01/2026	4.97	5,000,000.00
Westpac	AA-	TD (G)	08/02/2024	09/02/2026	4.84	5,000,000.00
ING Bank	A	TD	11/03/2024	11/03/2026	4.85	5,000,000.00
NAB	AA-	TD	18/12/2024	15/04/2024	4.89	2,000,000.00
Westpac	AA-	TD	28/06/2024	28/04/2026	5.20	2,500,000.00
ING Bank	A	TD	25/09/2024	25/05/2026	4.53	5,000,000.00
Bank of Queensland	A-	TD	31/01/2024	26/05/2026	4.80	2,000,000.00
Bank of Queensland	A-	TD	28/05/2024	28/07/2026	5.00	5,000,000.00
ING Bank	A	TD	26/08/2024	18/08/2026	4.62	3,000,000.00
Westpac	AA-	TD	06/09/2023	07/09/2026	4.88	3,000,000.00
NAB	AA-	TD	26/11/2024	05/11/2026	4.80	3,000,000.00
Bank of Queensland	A-	TD	25/05/2024	26/11/2026	4.95	5,000,000.00
Hume Bank	BBB+	TD	26/08/2024	08/12/2026	4.55	5,000,000.00
Suncorp	AA-	TD	11/01/2024	11/01/2027	4.88	2,000,000.00
ING Bank	A	TD	25/09/2024	25/03/2027	4.50	2,000,000.00
Total Cash and Investments						$143,176,315.83

Table 2: Interest from Cash and Investments
Interest earned for December 2024	$537,519
Financial year to date interest earned	$3,221,970
Revised Budgeted interest for 2024/2025 financial year (QBRS Q2)	$4,000,000
Percentage of the 2024/2025 budget earned by council	81%

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

The investments held by Council remain sufficiently liquid with 61% of investments maturing within the next 12 months.

Council’s cash and investment portfolio has a weighted average maturity of 301 days.

For the month of December, the cash and investments held by Council provided a return of 5.02% p.a. exceeding the RBA cash rate of 4.35%.

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	October-2024	November-2024	December-2024
General Fund	55,229	54,848	51,728
Water Fund	25,019	25,447	27,140
Sewer Fund	61,095	63,058	64,308
TOTAL	141,343	143,353	143,176

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 December 2024 is $3,273,185.58 with $520,471.03 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 on 27 November 2024. 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 December 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 December 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

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Credit Quality Compliance

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Maturity Compliance

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Social / Cultural

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

Attachments

Nil

Council 29 January 2025

Item 10.3

10.3. Disclosures Of Interest by Councillors following 2024 Local Government Election

This report confirms the lodgement of Disclosure of Interest Returns by Councillors following the declaration of the 2024 Local Government Election.

Director Business & Governance

Officer’s Recommendation

1. That Council receives and notes the report on the lodgement of Disclosures by Councillors following the 2024 Local Government Elections.

2. That the Disclosures be published on Council’s website as required under the Government Information Public Access (GIPA) Act 2009.

Executive Summary

All Councillors must lodge a written return of interests with the Chief Executive Officer (CEO) unless they have submitted a return within the previous three months (clause 4.21(a) of the Model Code of Conduct for Local Councils in NSW).

Under section 12(1) of the Act, members of the public are entitled to inspect the Returns of Councillors, Designated Persons and Delegates, free of charge. Under the GIPA Act these should also be published on Council’s website.

Background

The disclosures of interest within this requirement pertain Councillors declared elected to Bega Valley Shire Council on 2 October 2024.

Name	Position	Comments
Allen, Tony (Anthony)	Elected Official	Lodged 23/12/2024
Daly, Simon	Elected Official	Lodged 08/01/2025
Fitzpatrick, Russell	Elected Official	Lodged 23/12/2024
Haggar, Peter	Elected Official	Lodged 09/12/2024
Mudaliar, Clair	Elected Official	Lodged 16/12/2024
Nadin, Mitchell	Elected Official	Lodged 07/01/2025
Noble, Peggy	Elected Official	Lodged 13/12/2024
O’Neil, Helen	Elected Official	Lodged 14/01/2025
Porter, David Richmond	Elected Official	Lodged 21/11/2024

Disclosures by Councillors and Designated Persons Return

The Local Government Act requires Councillors, the Chief Executive Officer, Directors, and people nominated by the Council as “Designated Persons” to complete Annual Disclosures of Interest Returns. This is also outlined in Council’s Code of Conduct: Part 4.21 – Pecuniary Interest: Disclosure of interests in written returns

Councillors

Councillors are required to lodge Disclosures by Councillors and Designated Persons forms annually and, in relation to business before Council. These requirements are outlined in Council’s Code of Conduct and Local Government Act. Each section of the Return must be answered. Officers from the Office of Local Government may make inspections from time to time.

Annual returns were required to be lodged by those Councillors who formed part of the previous Council for the period 1 July 2023 to 30 June 2024, by 30 September 2024.

Councillors must lodge a written return of interests with the Chief Executive Officer (CEO) unless they have submitted a return within the previous three months (clause 4.21(a) of the Model Code of Conduct for Local Councils in NSW).

Subsequently all Councillors elected on 2 October 2024 were required to submit a Disclosure return by 16 December 2024.

Amendments to the Act enable Councillor participation in all elements of decision making relating to the exhibition and adoption of the Local Environment Plan (LEP) and Development Control Plan (DCP).

Options

Returns are required to be tabled at the next Council Meeting following lodgement.

Members of the public are entitled to inspect the returns of Councillors, Designated Persons and Delegates, free of charge. The register of Pecuniary Interest Returns by Councillors and Designated Persons returns can be viewed at Council’s administration office, Zingel Place Bega, on request or on Council’s website:

Councillors Disclosure of Interest returns to 31 December 2024

https://begavalley.nsw.gov.au/council/disclosures-of-interest

Community and Stakeholder Engagement

Engagement undertaken

No community engagement is required for this process. Councillors were provided with information regarding the requirements for lodgement of returns by the relevant council officers.

The relevant documents are available to the public on Council’s website.

Engagement planned

Internal Stakeholders, including all Councillors and Designated persons will be provided with updated information when returns are due for submission for the 2024/25 year. Those forms are required to be lodged within 3 months of the end of financial year, with a due date of 30 September 2025.

Financial and Resource Considerations

Management of Council’s Related Party Returns and Annual Disclosure Returns Register is included in Council’s adopted budget and forms part of the core services of Council’s Governance team.

Legal /Policy

Council must comply with disclosure requirements under its Code of Conduct and the following legislation and guidelines:

· Local Government Act 1993

· Local Government (General) Regulation 2021

· Privacy and Personal Information Protection Act [PPIP] (1998)

· Government Information Public Access Act [GIPA] (2009).

The Local Government Act requires Councillors, the Chief Executive Officer, Directors, and people nominated by the Council as “Designated Persons” to complete Annual Disclosures of Interest Returns. This is outlined in Council’s Code of Conduct: Part 4.21 – Pecuniary Interest: Disclosure of interests in written returns

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

The completion and submission of the disclosure of interest forms will enable the council to achieve outcome six (6) of its Community Strategic Plan (CSP) – Strong and consultative leadership.

Submission of the interest forms will also contribute to the development and implementation of good governance systems, which is one component of the currently adopted delivery program of the council.

Environment and Climate Change

There are no direct environment and climate change impacts relating to this report.

Economic

There are no direct economic impacts as a result of the recommendations of this report.

Risk

Reporting publicly about the Disclosure of interest Returns lodged by Councillors demonstrates to the community one of the ways local government manages conflicts of interest in decision making. It demonstrates Council’s commitment to compliance with the Code of Conduct, effective and impartial decision making and reduces the perception that Councillors can use their position to obtain a private benefit for themselves or for any other person or body.

It assists Councillors, staff, and the community in understanding the processes followed to avoid situations that give rise to the appearance that a person or body could receive favourable treatment from Councillors or Council staff.

Social / Cultural

There are no direct social or cultural impacts related to the recommendations of the report.

Attachments

Nil

Council 29 January 2025

Item 13.1

13.1. Cr Russell Fitzpatrick - Rates charged to selected Non-for- Profit Organisations

Notice of Motion

That Council waive the rates and service access charges to the Merimbula Tennis Club and the Eden Mountain Bike Club, which they are now being levied

Background

Merimbula Tennis Club

For the first time, the Merimbula Tennis Club has been levied rates and charges totalling $14,280.90, in addition to water usage charges. Historically, the Club has not been subject to rates and charges of this scale.

Last year, the Club signed a new lease granting them exclusive use of the land, which they believed they already had. Following this lease update, Council classified the property as Business and applied a business rate.

Council staff advised that, as the land is leased for Business Use, it does not meet the exemption criteria outlined in Section 555 of the Local Government Act 1993. Consequently, the land categorisation was amended under Section 523(1) to Business, and the Club was informed they could appeal this classification to the Land and Environment Court within 30 days.

Relevant provisions include:

· Section 555(1)(a) of the Local Government Act 1993: Land exempt from all rates includes land owned by the Crown that is not held under a lease for private purposes.

The Tennis Club believes that their facility qualifies as public use rather than private use, as it is open to the public and provides facilities for community benefit.

Eden Mountain Bike Club

The Gravity Bike Facility in Eden, established through a State Government grant, is a significant asset for the community and visitors. This facility is open to the public at no charge.

Part of the access road to the facility traverses Crown Land adjacent to the Eden Pony Club and the rear of the Eden Golf Course. Although this has long been a public road, the Club was required to formalize access agreements as part of their grant funding. This led to the Club signing a lease with the Crown.

The lease arrangement has resulted in a rates charge of $1,151.89. However, no business activities are conducted on the site, and the lease solely exists to ensure public access.

Staff response

From 1 July 2024, Council applied Section 554 of the Local Government Act, 1993 (the Act) to leases on council owned and managed land that are registered on title at the NSW Land Registry Services.

The Act states that all land is rateable unless it is exempt from rating. Section 555 and 556 outline the provisions to be granted non-rateability. In the case of Crown Land, it is generally exempt from rates but becomes rateable if leased to private entities. Public use is not exempt from rates under the legislation, only recognised charities are eligible for non-rateability. Both Merimbula Tennis Club and Eden Mountain Bike Club are not registered charities and are not exempt from the payment of rates.

The Merimbula Tennis Club is located on Bega Valley Shire Council-owned community land categorised as sportsground (Lot: 90 DP: 234142), not Crown Land. The land is being treated the same as many other community sporting groups who are already rated as a business, noting that this classification is the only category that the Act allows under Section 518. “Land is to be categorised as “business” if it cannot be categorised as farmland, residential or mining.”

Information relating to a comparable matter explains that Council is not the Crown but rather a body politic of the State of New South Wales (Section220 of the Act). The land that is the subject of these requests is not land which Council is holding on behalf of the Crown. Consequently, the provisions of section 555 of the Act are not relevant.

Merimbula Tennis Club

In preparation for the FY2025 annual rates levy, officers conducted an internal review of both Council and direct Crown managed lease/licence properties to ensure the correct rates and charges were being applied. During this review, it was found that despite having a formal lease in place requiring annual rates and charges, the Merimbula Tennis Club had not been levied accordingly.

All leases exceeding a term of 3 years must be registered on title at NSW Land Registry Services in accordance with the Registrar General’s Directions. As the lessee, they are responsible for the payment of all rates, taxes, and outgoings for the property. This condition of the executed lease between Merimbula Tennis Club and Bega Valley Shire Council has always been in place and was to be corrected.

On 24 June 2024, Council Officers met with Merimbula Tennis Club to inform them that the property would be rated in accordance with the Act. Options were provided to help the Club minimise the applicable rates and charges, such as reducing the size of the water metre connection. Subsequently, on 3 July 2024, correspondence was received from the Office of the Member for Eden Monaro, The Hon Kristy McBain, seeking further consideration of applicable discounts or rebates that may be applied for such organisations.

Bega Valley Shire Council CEO, Anthony McMahon, provided a response reiterating: “It is correct that from 1 July 2024, Council is applying Section 554 of the Local Government Act, 1993 (the Act) to leases on council owned and managed crown land that are registered on title at NSW Land Registry Services. The Act states that all land is rateable unless it is exempt from rating. Section 555 and 556 outline the provisions to be granted non-rateability and although Merimbula Tennis Club makes a valuable contribution to our community, unfortunately they do not meet the legal meaning of a charity or public benevolent institution and are not eligible to be exempt from rates and charges.

We understand that this has a financial impact on volunteer organisations and incorporated bodies, and we have explored wherever possible how we can support these community organisations by ensuring they are only paying for the services that they require. “

Merimbula Tennis Club have been advised of avenues available to them to reduce their overall bill. Council officers suggested, following consultation with the Water and Sewer Department, that an application be made to reduce the water meter connection from 50mm to 20mm, this would mean charges would be adjusted as follows:

Water		Sewer
50mm	$1,875	50mm/95% Sewer discharge factor	$8,996
20mm	$300	20mm/95% Sewer discharge factor	$1,439

To date, Merimbula Tennis Club have not made an application to pursue these options to reduce the water and sewer services provided to them.

Council placed debt collection on hold to allow Merimbula Tennis Club to consider their options relating to the water and sewer connection. No payment has been received and the debt with council is now in arrears by 2 instalments. The amount outstanding at 17 January 2025 is $7,153.24. The second instalment will see the debt increase to $10,723.24 on 28 February 2025.

Eden Mountain Bike Club

The Eden Mountain Bike Club holds a direct Crown License for access, and Council is not a party to this arrangement, nor does it have a legal right over this land. On 15 January 2024, Council received correspondence from Eden Mountain Bike Club stating that they were not required to pay rates and confirming that the club pays Crowns Lands and NSW Forestry a yearly lease fee. We have not been provided with evidence that the Eden Mountain Bike Club is not responsible for the land rates, and we are not privy to the details of their lease, which may identify who does have responsibility for payment of land rates. However, Crown Land it is generally exempt from rates but becomes rateable if leased to private entities. On 23 January 2023, Council received a Notice to Authorities from Department of Planning and Environment – Crown Lands Business Centre granting access to whole of Lot 215 DP729204 and Part Lot 217 DP729204 (Reserve 750192 Future Public Requirements, notified 29 June 2007).

Council staff have informed the Mountain Bike Club that we have a legal responsibility to rate the parcel of land that the Crown has licenced directly to the Eden Mountain Bike Club. The Valuer General has assigned a value to that parcel (road) at $10,000, and we are obligated to rate it accordingly. The rates raised against the land are at the base rate only, as this is the minimum rate we are required to charge.

Council has explored other options to support the Mountain Bike Club and the approval of removal of the Rural Waste Management charge ($146.00) and interest incurred due to the rates outstanding ($22.72). The rates for FY2024 were base rate only, and it was recommended to the club that they incorporate this as an annual expense when developing their membership fees, or somehow work with other partners to share the cost with other parties that benefit from access and use of the MTB trail.

The amount outstanding at 17 January 2025 is $1,162.07. The second instalment will see the debt increase to $1,368.07 on 28 February 2025.

If Council were to make exemptions for specific sporting clubs based on public access, it would impact the rates and charges revenue collected for the benefit of the whole of the shire. Additionally, it would set a precedence for other community groups and leased Council-owned and managed land that already pay rates on land and assets accessible to the public, potentially leading to further requests for additional waivers.

For the reasons provided staff do not recommend that the rates for the Merimbula Tennis Club, or the Eden Mountain Bike Club be written off and that they must be levied and paid annually in accordance with section 518 of the Act.

Staff believe that while the intent to provide more support to our local community and sporting organisations with the payment of rates and charges is clear, there are some risks associated with the above motion that should be considered. Financial and asset management risks could arise from further lenience for some community groups, potentially leading to more requests for similar waivers of rates and charges by other organisations. Any subsidies provided to specific groups from local councils come at the cost to all ratepayers. Consequently, Council would have to redirect funds that contribute to council managed community infrastructure and assets to provide financial leniency to independent member-based organisations.

1. Staff propose that the Merimbula Tennis Club proceed with the application to pursue the option to reduce their water and sewer charges to minimise the financial impact of the fees and charges received from Bega Valley Shire Council and,

2. Eden Mountain Bike Club incorporate the Bega Valley Shire Council annual base rates as part of their budgeting process and include this as a cost when developing their membership fees or, negotiate with other third parties to raise the funds required to assist with payment of the applicable rates and charges for the land that they lease from the Crown.

Cr Russell Fitzpatrick

Attachments

Nil

Council	29 January 2025
*Item 9.1 - Attachment 1*	CWF Consultative Committee Minutes - November 2024

Council	29 January 2025
*Item 9.1 - Attachment 2*	S355 General Sportsground Quarterly Committee Meeting minutes 27 May 2024

Council	29 January 2025
*Item 9.2 - Attachment 1*	DRAFT Waste Strategy 2025 - 2035 Resources, Not Waste

Council	29 January 2025
*Item 9.2 - Attachment 2*	Waste Strategy Working Group Minutes of Meeting 14 February 2024

Council	29 January 2025
*Item 9.2 - Attachment 3*	Waste Strategy Working Group Minutes of Meeting 1 October 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

Council	29 January 2025
*Item 9.2 - Attachment 4*	Waste Strategy Working Group Minutes of Meeting 4 October 2023

Council	29 January 2025
*Item 9.3 - Attachment 1*	Candelo Village Festival 2025

Council	29 January 2025
*Item 10.1 - Attachment 1*	Quarterly Budget Review Statement Q2 FY25