Agenda of Council - Wednesday, 16 April 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

16 April 2025

Agenda

Statement of Commencement of Live Streaming

Acknowledgement of Traditional Owners of Bega Valley Shire

Statement of Ethical Obligations

1 Apologies and requests for leave of absence

2 Confirmation Of Minutes

Recommendation

That the Minutes of the Ordinary Meeting held on 19 March 2025 as circulated, be taken as read and confirmed.

3 Declarations

Pecuniary, Non-Pecuniary and Political Donation Disclosures to be declared and tabled. Declarations also to be declared prior to discussion on each item.

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

8.1 13 Lot Subdivision, Part Lot 200 DP 1235728, Lakewood Drive - Merimbula....................... 9

8.2 Construction of Multi Dwelling Housing (34 Dwellings) at 9-15 Tuross Lane and Carnago Street, Bermagui.................................................................................................................................... 105

8.3 Development assessment service review............................................................................... 207

8.4 Development Application statistics - January to March 2025............................................. 214

9 Staff Reports – Assets and Operations

9.1 Adoption of the DRAFT Waste Strategy 2025-2035: Resources Not Waste and Public Exhibition Listening Report........................................................................................................................ 219

9.2 Reporting of minutes for committees with delegated authority and advisory committees 295

9.3 Public exhibition of draft Wolumla Flood Study.................................................................... 327

9.4 Bega Valley Local Traffic Committee March 2025................................................................. 432

9.5 Cattle crossing safety.................................................................................................................. 602

9.6 Merimbula Central Business District (CBD) playground....................................................... 609

9.7 George Brown Pavillion Upgrade Draft Design...................................................................... 622

9.8 Request For Tender (RFT) 2425-042 - Merimbula Skate Park Construction..................... 635

9.9 Request for Tender (RFT) 2425-038 Tathra Public Amenities Building Alterations and Additions 640

9.10 Request for Tender (RFT) 2425-026 Big Jack Mountain Road Disaster Recovery Funding Arrangements (DRFA) Retaining Structure.......................................................................... 645

9.11 Request for Tender (RFT) 2425-010 Bemboka Reservoir Replacement............................ 649

9.12 Request for Tender (RFT) 2425-048 Stormwater Relining, Maintenance and CCTV Inspection Services...................................................................................................................................... 653

9.13 Request for Tender (RFT) 2425-049 Road Stabilisation and Sealing Works...................... 657

9.14 Request for Tender (RFT) 2425-060 Design Services for Cuttagee Bridge........................ 661

10 Staff Reports – Business and Governance

10.1 Australian Local Government Association (ALGA) 2025 National General Assembly - additional motion........................................................................................................................................ 667

10.2 Electric Vehicle Charging............................................................................................................ 671

10.3 Acquisition of easement for a water trunk main pipeline over private land at Tilba Tilba 772

10.4 Assignment of lease - Tathra Beach Kiosk............................................................................... 778

10.5 Tenure options at the Merimbula Airport for Sapphire Coast Autos Pty Ltd................... 781

10.6 Audit, Risk and Improvement Committee Quarterly Report March 2025........................ 787

10.7 Adoption of 2025 - 2029 Community Engagement Strategy and Policy 6.16 Community Engagement.............................................................................................................................. 808

10.8 Enterprise resource platform - CIVICA altitude contract update........................................ 889

10.9 Quarterly Budget Review Statement (QBRS) March 2025 Q3............................................. 904

10.10 Certificate of Investment March 2025..................................................................................... 935

11 Councillor Reports

12 Rescission/Alteration Motions

13 Notices of Motion

14 Questions with Notice

15 Questions without Notice

16 Confidential Business

Representations by members of the public regarding closure of part of meeting

Adjournment Into Closed Session, exclusion of the media and public Error! Bookmark not defined.

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 16 April 2025

Item 8.1

8.1. 2013.217 13 Lot Subdivision, Part Lot 200 DP 1235728, Lakewood Drive - Merimbula

Director Community Environment and Planning

Applicant	TA Consulting Pty Ltd
Owner	Justice Fox Pty Ltd
Site	Lot 200 DP 1235728, Lakewood Drive - Merimbula
Zone	2(c) Residential Tourist Zone under BVLEP 2002
Site area	2.9ha
Proposed development	13 Lot Residential Allotments including the creation of a Public Road and Dedication of Public Reserve

Precis

This application is being reported to Council in accordance with Council Procedure 3.01.01 as the proposal includes dedication of land to Council as Public Reserve and more than 10 unique submissions by way of objection from different households have been received. It is recommended that the application be approved subject to conditions of consent included as Attachment 3 to this report.

Officer’s Recommendation

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

2. That Council gives notice of its intention to classify the land proposed for dedication and currently known as Lot 200 DP 1235728 as operational land under section 34 of the Local Government Act 1993 (NSW) upon registration of the plan of subdivision.

3. That Development Application 2013.217 for the subdivision of land to create 13 residential lots, public road and creation of public reserve be approved, subject to the conditions of consent provided in Attachment 3.

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

Executive Summary

Development Application (DA) 2013.157 is being reported to Council in accordance with Procedure 3.01.01 for determination as the application seeks to dedicate a portion of land as Public Reserve, consistent with the provisions of the Bega Valley Development Control Plan 2013 (BVDCP2013), and the application has received more than 10 unique submissions by way of objection.

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

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

Background

Lot 200 DP 1235728 originally formed part of Stage 3 of the Bellbird Ridge Estate.

The development application was lodged on the 27 June 2013 under Bega Valley Local Environmental Plan 2002 (BVLEP 2002), prior to the gazettal of the current Bega Valley Local Environmental Plan 2013.

The site was previously zoned 2(c) Residential Tourist Zone under BVLEP 2002 with a minimum lot size of 550m² and is currently zoned R3 Medium Density Residential with a minimum lot size of 1,000m² under Bega Valley Local Environmental Plan 2013. The assessment of this application has been undertaken in accordance with planning instrument that was in effect at the time of lodgement, being BVLEP 2002 and the then draft provisions of BVLEP 2013 at the time of lodgement.

The proposed subdivision has been amended on a number of occasions to improve the overall layout and design having consideration to the environmental constraints of the land, consistent with the provisions of BVLEP2002 and Development Control Plans that applied at the time of lodgement.

The overall scale of the development has been reduced from 23 to 13 residential allotments with the inclusion of a large reserve lot to be dedicated as a public reserve that is supported by various reports to address bushfire impact, biodiversity and cultural values of the site and the site’s proximity to Merimbula Lake.

Description of the Proposal

The current proposal under consideration comprises the creation of 13 lot residential subdivision including:

· creation of a new public road

· a new intersection to Lakewood Drive

· undergrounding of electricity infrastructure and provision of other services including sewer, water and stormwater

· dedication of land as a Public Reserve.

Attachment 1 provides the proposed subdivision plan layout.

Description of the Site

Lot 200 DP 1235728 has an area of approximately 2.9ha that was zoned 2(c) Residential Tourist Zone under BVLEP 2002 at the time of lodgement of the application. The site is located on the edge of Merimbula Lake near the Top Lake boat ramp precinct and the western extent of the Merimbula Lake Boardwalk (see Figure 1 below). The land is of archaeological significance and contains land with biodiversity values including Littoral Rainforest which is an Endangered Ecological Community. The land slopes down from the Lakewood Drive frontage towards the Lake and contains stands of existing vegetation and grass cover.

The site represents one of the last remaining parcels of residential zoned land that is located 1.5km to the west of the town centre.

Figure 1 – Locality plan

Planning Assessment

The proposal has been assessed in accordance with the matters for consideration under Section 79C of the Environmental Planning and Assessment Act 1979 (as applied at the time of lodgement) – see Attachment 2. Submissions were received during the notification process for the original proposal and the latest design. Those submissions are discussed further in this report and detailed in the Section 79C Assessment Report.

The concerns raised in the submissions are considered to have been addressed through changes to the subdivision layout with a reduction in the number of allotments from 23 to 13 lots and through the establishment of a large reserve over the more sensitive land adjacent to Merimbula Lake that contains the inherent important biodiversity and cultural values within the site (see Figures 2 and 3 detailing the extent of changes to the subdivision layout).

The latest design includes a range of residential lot sizes from 604m² to 2,292m² with the larger allotments located on the lake side of the proposed new road. This ensures these allotments are suitably sized to contain appropriate Asset Protection Zones within the proposed site that would not be located on the proposed large reserve land.

Figure 2 – Original submitted design Figure 3 – Current submitted plan

A map of land with numbers and numbers

AI-generated content may be incorrect. A map of land with red lines

AI-generated content may be incorrect.

Bega Valley Local Environmental Plan 2002

At the time of lodgement, the land was zoned 2(c) Residential Tourist Zone under BVLEP 2002. The DA is required to be assessed in accordance with the environmental planning instruments in effect at time of lodgement. The size of all allotments complies with the 550m² minimum lot size for serviced allotments under Clause 26 of BVLEP 2002.

The development application has been assessed in accordance with all applicable clauses under BVLEP 2002 and detailed in Attachment 2. The Section 79C assessment has determined that the revised subdivision design is not inconsistent with the 2(c) Zone objectives being:

(a) to provide for a variety of development opportunities intended to accommodate tourists, visitors and residents alike, and

(b) to ensure that the scale and function of tourist development is appropriate in the context of the form of development which might otherwise occur in the zone,

(c) to ensure that tourist development does not significantly adversely impact on the amenity of residential areas in adjacent zones and is of a scale appropriate to the need for that development.

Draft Bega Valley Local Environmental Plan 2013

The draft Bega Valley Local Environmental Plan 2013 was exhibited with the site to be rezoned to R3 Medium Density Residential Zone with a minimum lot size of 1,000m². The zoning and lot size has not altered with the gazettal of BVLEP 2013. The current submitted subdivision layout includes 7 lots that are below the 1,000m² minimum lot size.

The latest subdivision design and range of lot sizes are generally consistent with the subdivision patterns of existing allotments located within the residential catchment of Lakewood Drive. The smaller allotments will abut existing residential allotments located along Tern Close that range in area of 698m² to 828m² and are therefore considered to be not inconsistent with the subdivision pattern of the area and a reduction below the draft BVLEP 2013 minimum allotment size of 1000m² is considered reasonable.

A full assessment of compliance with the relevant provisions of the BVLEP 2002 and draft BVLEP 2013 is detailed in the Section 79c Assessment included as Attachment 2 to this report.

Development Control Plans

The proposal has been assessed in accordance with the relevant Development Control Plans (DCP) applicable to the site and development at the time of lodgement. A full assessment of the provisions is included in Attachment 2 to this report. The relevant Development Control Plans that considered the impacts of the development and shaped the design changes from what was originally assessed are DCP2 Subdivision Standards, DCP6 Minimum Setbacks to Roads and Nominated Waterways and DCP 28 Residential – Imlay and Monaro Street, Merimbula. The current submitted subdivision layout is consistent with the provisions in these documents including the appropriate setback of residential allotments from Merimbula Lake and through the protection of those setbacks via the creation of a Public Reserve.

All servicing requirements for the new allotments can be suitably met and conditions are proposed to be applied to ensure that all residential allotments are serviced by essential services and for the management of stormwater to mitigate impacts upon Merimbula Lake.

The revised subdivision layout has also been considered in accordance with the provisions of the draft BVDCP 2013. It is noted that these standards were not in effect at the time of lodgement and are only considered in their draft form.

An assessment has been undertaken in accordance with the residential chapter and those standards relating to the existing and desired future character of Merimbula. The battle axe allotments have been rationalised in the current design and the overall layout is consistent with the topography of the site.

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

Options

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

1. Approve the development application, including the dedication of a reserve, subject to the conditions of consent provided in Attachment 3. This is the recommended option.

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

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

Community and Stakeholder Engagement

The latest subdivision design was publicly exhibited from 24 May 2021 until 29 June 2021 with 36 individual and unique submissions received. The issues raised have been detailed and addressed in the Section 79C Assessment and included as Attachment 2.

A full copy of submissions has been uploaded to the Councillor portal for information.

The key issues raised in submissions are outlined below followed by staff comment.

Density and design

Issue: The design and scale of the proposed subdivision that includes battle axe allotments has been raised as a concern when considered within the context of the existing zoning and minimum lot size under the BVLEP 2013.

Staff response: The overall scale of the subdivision has been reduced from 23 to 13 residential lots. The original subdivision was lodged prior to the gazettal of BVLEP 2013 that detailed a minimum allotment size for the site of 1,000m². The minimum lot size under Clause 26 of BVLEP 2002 was 550m² for sewered allotments which the development is compliant with.

The current design under consideration has incorporated a large reserve comprising an area of 1.62ha to enable a 75m setback of allotments and future dwellings from Merimbula Lake. The majority of the proposed lots on the lake side of the subdivision (proposed lots M, L, K, J, I, H and G) would be generally consistent with the 1,000m² minimum size (973.6m² up to 2,292m²).

The subdivision includes 2 battle axe allotments (F and G) with an area of 797.2m² and 2,292m² respectively. Each of these allotments would provide sufficient space for practical access and future building envelopes for each lot. It is acknowledged that the inclusion of battle axe allotments in the subdivision design may restrict the future development of these blocks for multi-dwelling housing developments in the future, however, the design is considered reasonable given the improved environmental outcomes of protecting the higher value ecological and cultural areas within the site.

It is considered that the current submitted subdivision plan provides enough variety in lot size, shape and orientation to provide for a range of future residential development. The design is also consistent with the inherent constraints of the land and existing subdivision pattern within the Lakewood Drive residential catchment.

Visual impact

Issue: The potential visual impact from vantage points within Merimbula Lake including the Merimbula Boardwalk and adjoining properties was raised as a primary concern.

Staff response: A reduction in the overall number of allotments with varied sizing and the proposed dedication of a Public Reserve has reduced the potential cumulative impacts of the subdivision on the environment and immediate public areas that surround Merimbula Lake.

The large parcel proposed to be dedicated as Public Reserve would maintain a visual buffer of the proposed subdivision when viewed from the lake and existing boardwalk. The protection of existing vegetation within this reserve land would provide a visual screening and maintain a variable buffer that already extends around Merimbula Lake to the west of the Merimbula Lake causeway.

The dedication as Public Reserve will maintain the values of the existing coastal bushland setting and reduces the potential visual amenity on Merimbula Lake.

Environmental impacts

Issue: Concerns have been raised about the environmental impacts of the proposed subdivision given the site has biodiversity values including an endangered ecological community and culturally sensitive sites, and the sites close proximity to priority oyster leases and wetlands.

Staff response: The current subdivision layout has been supported by supplementary reports that investigate the potential impact on the biodiversity and cultural values of the site and potential impacts on Merimbula Lake. This included a detailed Flora and Fauna Assessment Report, Aboriginal Cultural Heritage Assessment Report (ACHAR), Bushfire Assessment Report and Stormwater Management.

These reports have been assessed and referrals sent to the relevant state agencies including the Department of Primary Industries (Fisheries), Heritage NSW and NSW Rural Fire Service. General Terms of Approval (GTAs) have been issued which include conditions detailing mitigation measures to guide environmental controls for the development of the site.

A reduction in the number of proposed allotments from 23 to 13 lots and an improvement in the overall layout that includes a large Reserve lot around the perimeter of Merimbula Lake has reduced the potential impact on the environmental assets located within the site that includes areas of biodiversity and cultural values. The additional information submitted by the applicant has also addressed the potential impact on land and marine environments beyond the site that includes priority oyster leases and a network of coastal wetlands within and around Merimbula Lake.

The current subdivision layout is considered to be consistent with the inherent environmental values of the land with suitable mitigation measures to protect those environmental values and the broader Merimbula Lake catchment.

Engineering concerns

Issue: The potential impact of the subdivision during civil construction works and ongoing stormwater management has been raised as a concern with the proposed design in addition to the additional traffic that would be generated and access onto Lakewood Drive.

Staff response: A Stormwater Management Plan and Stormwater Treatment Strategy have been prepared by Southeast Engineering and Environmental. Significant work has been undertaken to model stormwater and water quality for the residential subdivision given the site’s close proximity to Merimbula Lake. The stormwater modelling suggests that capture and treatment of the stormwater runoff in swales and refurbished constructed wetlands, in conjunction with a pit and pipe system, will improve the quality of the runoff from the site. Soil and water management controls would need to be installed prior to commencement of all civil works associated with the subdivision and would need to be maintained until completion.

The current subdivision layout has reduced the number of allotments with frontage to Lakewood Drive. The latest layout has been reviewed to ensure the location and safe intersection sight distance is appropriate for the prevailing speed environment, volume of traffic movements anticipated and existing access points onto Lakewood Drive.

It is considered that the application has suitably addressed the engineering concerns raised in submissions and are mitigated through draft conditions of consent.

STATE AGENCY APPROVALS

The development application is classed as integrated development with approvals required from the NSW Rural Fire Services and Heritage NSW.

The site is designated as bushfire prone land. The NSW Rural Fire Service has reviewed the latest subdivision layout and provided their General Terms of Approval and Section 100B Bushfire Safety Authority under the Rural Fires Act 1997. A condition of consent requiring compliance with the Section 100B Authority is attached to the draft development consent.

An Aboriginal Cultural Heritage assessment Report (ACHAR) has been reviewed by Heritage NSW. General Terms of Approval provided by Heritage NSW under the National Parks and Wildlife Act 1974 are attached to the draft development consent (Attachment 3).

A referral has been received from DPE (Fisheries) who supported the subdivision of the land, subject to appropriate soil and water management controls that have been incorporated into the draft development consent (Attachment 3).

Financial and Resource Considerations

Assessing proposals for development is part of the regular business of Council and resourcing to undertake this function is included in Council’s adopted 2024–25 Budget.

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

Legal /Policy

DA assessment is undertaken in accordance with the Environmental Planning and Assessment ACT 1979 and all relevant Council policies.

Refusal of the development application could be subject to an appeal in the Land and Environment Court.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

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

PLANNING PRIOIRTY 1: NATURAL HAZARDS

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

PLANNING PRIORITY 9: OPEN SPACE AND RECREATION

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

PLANNING PRIORITY 10: CHARACTER

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

PLANNING PRIORITY 11: HOUSING

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

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

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

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

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

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

Direction 24: Deliver greater housing supply and choice.

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

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

Environment and Climate Change

The impacts of the development on the environment, including impacts on water quality and climate change, have been assessed and detailed in the Section 79C Assessment Report, which is provided as Attachment 2 to this report.

Economic

The current proposed subdivision would contribute to the economy of Merimbula through civil construction works, increasing the availability of additional residential allotments for a range of household types and sizes which would provide economic flow on benefits to existing commercial businesses within Merimbula and surrounds.

Risk

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

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

General Terms of Approval issued by the NSW RFS and Heritage NSW to ensure compliance with the Rural Fires Act and the National Parks and Wildlife Act have been provided. Concerns raised with DPI Fisheries having regard to the priority oyster lease areas with Merimbula Lake have been considered and a condition of consent detailed by NSW Fisheries is included in the draft conditions of consent.

Social / Cultural

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

Attachments

1 ⇩. Proposed Subdivision Plan

2 ⇩. Assessment Report

3 ⇩. Draft Notice of Determination

Council 16 April 2025

Item 8.2

8.2. 2023.214 Construction of Multi Dwelling Housing (34 Dwellings) at 9-15 Tuross Lane and Carnago Street, Bermagui

Director Community Environment and Planning

Applicant	UPG 267 Pty Ltd
Owner	Graham Charles and Pamela Jean Walker
Site	Lot 3-6 Section 2 DP 758095 and Lot 121 DP 785413, 9-15 Tuross Lane, Bermagui
Zone	R3 Medium Density Residential
Site area	8,928m²
Proposed development	Multi Dwelling Housing (34 Dwellings)

Precis

This application is being reported to Council in accordance with Procedure 3.01.01 as more than 10 unique submissions by way of objection were received in relation to the proposal. It is recommended that the application be approved subject to conditions of consent included as Attachment 5 to this report.

Officer’s Recommendation

1. That Development Application 2023.214 for Multi Dwelling Housing (34 Units) be approved subject to the draft conditions of consent (Attachment 5).

2. That people who made a submission be notified of this determination.

Executive Summary

This development application is being reported to Council for determination as the application meets the relevant reporting test specified by Procedure 3.01.01 as the development application was the subject of more than 10 unique submissions by way of objection during the notification of the proposed development.

The proposal has been assessed under Section 4.15 of the Environmental Planning and Assessment Act 1979. The original plans were amended, revising the site layout that included the deletion of 8 units and increasing the dwelling diversity to comply with the Bega Valley Local Environmental Plan (BVLEP 2013) and the Bega Valley Development Control Plan 2013 (BVDCP 2013).

There are no proposed variations to BVLEP 2013 or BVDCP 2013 and the proposal is considered reasonable within the context of the site and the surrounding streetscape.

The development is consistent with the Council’s Local Strategic Planning Statement (LSPS) that advocates for dwelling diversity and is consistent with the principles contained within Clause 3 of the State Environmental Planning Policy (Housing) 2021 (Housing SEPP).

The revised design and associated road widening is recommended for approval subject to the draft conditions of consent provided at Attachment 5.

Background

There was a previous Development Application for multi-dwelling housing over the site (DA2022.139) that consisted of 38 units. DA2022.139 included a Clause 4.6 variation to the height of buildings for the site and had several areas of non-compliance under BVDCP 2013 including unacceptable overshadowing to private open space areas, bulk and scale, unacceptable design elements and access considerations for servicing. Council recommended the applicant withdraw that application and re-submit once they were able to address design concerns. That application was subsequently withdrawn.

The current DA under consideration (DA2023.214) was originally submitted seeking approval for a multi-unit development consisting of 42 units comprising of both two- and four-bedroom sized dwellings. The application was initially assessed and concerns raised with the applicant regarding design issues.

The applicant provided amended plans for the proposed multi-dwelling housing complex that are now before Council for consideration that consist of a total of 34 dwellings with three different unit types – 28 units comprising 3 bedrooms, 3 units comprising 2 bedrooms and 3 units with 4 bedrooms. The redesign also includes 7 dwellings that are adaptable, ensuring a range of housing choices are provided in a well-serviced area.

Dedication of parts of lots 3-6 Sec 2 DP758095 as Public Road to accommodate required road widening has been proposed and is in accordance with the Bega Valley Shire Section 94 and 94A Contributions Plan 2014, Appendix A2 (which was the Local Infrastructure Contributions Plan in effect at the time of lodgement of the application).

The revisions from the originally submitted plans (see Figures 1, 2 and 3 below), include but are not limited to:

· Reducing the number of units from 42 to 34 units to achieve a more appropriate bulk and scale that complies with the floor space ratio for the site, including the removal of units from the southeast area on the site with the highest flood and bushfire risk.

· A greater variation in design between each dwelling has been achieved through changes to roof forms (flat and pitched) and a mix of materials and colours resulting in a high-quality contemporary design. Predominate base colours specified are light, natural and earthy, and compliment the coastal environment of Bermagui.

· No external walls exceed 10m in length without an articulation. The garages are recessed behind the main face of the building and less than 40% of the front elevation of each dwelling.

· Overlooking between dwellings has been mitigated by increasing sill heights of windows in habitable rooms to protect other dwellings’ privacy to rooms and private open spaces.

· The orientation and layouts of the units have been changed to allow for compliant solar access to areas of private open space and main living areas. The orientation also minimises cut and fill across the site, avoids existing easements to drain water, and reduces overshadowing.

· Diversity in dwellings has been achieved by offering 5 different typologies including 7 adaptable units and an option that includes a ground floor bedroom. All designs have achieved a 7-star minimum NatHERS rating and are compliant with the Building Code of Australia.

· The minimum landscaped area of 35% has been achieved.

· Parking bays have been added off Tuross Lane and a pedestrian footpath included as per Council’s request.

Figure 1 – Original Submitted Site layout plan

Figure 2 – Revised Site layout plan

Figure 3 – Revised Tuross Lane Streetscape - North Elevation

Description of the Proposal

The current proposal under consideration is for a multi-unit residential development consisting of 34 dwellings comprising:

· 28 x 3 bedroom dwellings, 3 x 2 bedroom dwellings and 3 x 4 bedroom dwellings; 7 dwellings will also be adaptable dwellings

· dedication of land as new public road

· underground electricity infrastructure and provision of other services including sewer, water and stormwater.

See Attachment 1 – Proposed Plans and Attachment 2 – Road widening required as per Figure 8 of the Bega Valley Shire Section 94 and 94A Contributions Plan 2014.

Description of the site

The site is vacant and covers an area of 8,928m² with a gentle slope up from street level (see Figures 4 and 5). Two large exotic trees are located on the north-western and eastern boundaries. The site is surrounded by existing residential developments comprising smaller residential unit complexes and single dwelling houses to the west and east on the northern side of Tuross Lane. The Bermagui golf course is located to the south of the site.

The DA has assessed cultural significance over the site and has been supported by an Aboriginal Cultural Heritage Assessment Report (ACHAR). The site is not mapped as being contaminated. However, a Preliminary Site Investigation (PSI) has recommended that a Detailed Site Investigation (DSI) be undertaken to confirm whether any remediation work is required.

Figure 4 – Locality plan

An aerial view of a neighborhood

AI-generated content may be incorrect.

Figure 5 – View from Tuross Lane over the site

A field with trees and clouds in the sky

AI-generated content may be incorrect.

Planning Assessment

The proposal has been assessed in accordance with the matters for consideration under Section 4.15 of the Environmental Planning and Assessment Act 1979 (see Attachment 3). Submissions were received during the notification process for the original submitted proposal and the latest design. Those submissions are discussed further in this report and detailed in the Section 4.15 Assessment.

Bega Valley Local Environmental Plan 2013

The proposed development is defined as multi dwelling housing and is a permissible land use within the R3 Medium Density Residential Zone under Bega Valley Local Environmental Plan (BVLEP 2013). The revised design is below the 10m height limit and complies with the floor space ratio of 0.6:1. The overall scale of the development has been reduced from the originally submitted plans and is consistent with the aims and objectives of the R3 Medium Density Residential Zone, which is to encourage the provision of housing to meet the needs of the community within a medium density residential environment and that provides a variety of housing opportunities for the community.

Bega Valley Development Control Plan 2013

The revised development plans are consistent with design, amenity and environmental objectives of the Bega Valley Development Control Plan 2013 (BVDCP 2013). The overall number of dwellings has been reduced from 42 to 34 and appropriate setbacks to roads and adjoining residential properties are provided.

The design incorporates a mixture of colours and materials schedule and varying roof pitches. The design of windows and balconies is integrated into the overall form and provides for the casual surveillance of the internal roadway and Tuross Lane. Each dwelling has a clearly defined entry. Proposed garages have been recessed behind the main building line of each dwelling and landscaping integrated into the overall design that incorporates a range of layouts with accessible dwellings.

An Aboriginal Cultural Heritage Assessment Report (ACHAR) has been prepared by Apex Archaeology, dated September 2022. The ACHAR identified one Aboriginal site and the potential for artefacts within the study area. A response has been received from Heritage NSW as part of the assessment process and conditions of consent are recommended to ensure all works are carried out in accordance with the recommendations of the submitted ACHAR.

The flooding impact has been assessed by Council’s assessment officers. The lower golf course area and wetlands that adjoin this property to the south are prone to flooding, particularly during co-incident high tide and local rain fall events. In the absence of a formal recent Flood Study, Council has been requiring all development around the Bermagui River estuary and tributaries to have a habitable floor level of 3m AHD. The development has been supported by a Flood Risk Assessment that addresses this impact.

Options

1. Approve the Development Application subject to the recommended conditions of consent provided in the Draft Notice of Determination (see Attachment 5). This is the recommended option.

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

3. Defer consideration of the matter and seek an alternative design to address any additional concerns raised (to be specified by Councillors).

Community and Stakeholder Engagement

Engagement undertaken

The proposed development was notified in accordance with Council’s adopted Community Engagement Strategy. The catchment area for notification was extended beyond adjacent and adjoining properties given the scale of the development.

The original submitted plans and supportive information was notified from 11 January 2024 until 9 February 2024 with a total of 14 submissions received.

The current revised plans under Council consideration were notified from 30 September 2024 until 15 October 2024 with 8 submissions including a petition received. The 8 submissions received to the revised plans were from people who made submissions during the original notification period. The issues have been addressed in conjunction with the original submission in the Summary of Submissions (see Attachment 4).

A full copy of submissions has been uploaded to the Councillor portal for information.

The key issues raised in submissions are detailed below.

Design

Concerns were raised regarding general design elements of the development including: overall bulk and scale, impact on the streetscape, appropriate character, form, context and articulation of the development.

Staff comment: The proposed development site is located centrally within the township of Bermagui. The overall design elements of the development have been addressed by the applicant through the provision of revised plans to provide a suitably designed development that addresses the residential provisions under BVDCP 2013. The current plans before Council are considered to be consistent with the desired future character of Bermagui with buildings that will have low visual impact as they will be two-storeys or less and incorporate coastal design elements that are light and contain earthy finishes.

Under BVLEP 2013, the site is zoned R3 Medium Density Residential and the proposed development complies with all applicable development standards including being below the 10m height limit and under the maximum floor space ratio of 0.6:1 for the site.

The immediate surrounding area contains a number of smaller multi-unit residential developments. When viewed from neighbouring properties and street frontages, it is considered to be an acceptable scale with existing residential development which provide for all main building walls to be set back 6m or greater to boundaries and street frontages.

The external finishes of the development are broken up with a mixture of colours and materials with a combination of flat and pitched roof profiles. The design of windows and balconies is integrated into the overall form and provides for the casual surveillance of the internal streets and to Tuross Lane. Each dwelling has a clearly defined entry with external walls not exceeding 10m in length to provide good building articulation and design.

In summary, the current planning policy and strategies are actively encouraging the development of residential land and activation of our town centres with appropriate design elements. The proposed development is consistent with the applicable design elements for Bermagui.

Amenity

Concerns were raised in submissions regarding a range of amenity considerations including potential loss of privacy – visual and acoustic, appropriate available open space for dwellings, potential overshadowing and solar access issues, availability of suitable internal facilities, accessibility and appropriate setbacks to adjoining properties.

Staff comment: The proposed development will have minimal impact on privacy, overshadowing and views. The orientation of the units being mostly internal and setbacks provided within this proposed development will help protect the amenity of surrounding properties and provide some opportunity for filtered south-easterly views to be retained. Windows in habitable rooms opposite from other buildings have sill heights of 1.5m to mitigate privacy concerns.

Private open spaces will be enhanced by landscaping and are sized more than the minimum landscape requirement. Private open space areas are accessible from the main habitable rooms of each dwelling, have appropriate solar access and are provided with fences to minimise overlooking.

The orientation of the units was revised to reduce the impact from overshadowing to living areas and private open space within the development and adjoining properties and is compliant.

The proposed development includes adequate facilities like storage, waste and recycling, clothes drying areas and on-site letterboxes.

The development includes 7 adaptable units out of the 34 dwellings and complies with BVDCP 2013 that requires one adaptable dwelling for every five dwellings or part thereof designed in accordance with the Australian Standard (AS) 4299 – Adaptable Housing.

Infrastructure

Concerns were raised regarding the management of car parking and traffic generated by the development and structural integrity and risk for adjoining properties.

Staff comment: Some concerns raised in submissions relate to the provision of car, boat and trailer parking spaces. It is recommended that two car parking spaces be provided for each dwelling and that the car parking requirement should relate to the number of bedrooms.

The revised design provides more than the minimum requirements in accordance with BVDCP 2013 for car parking space and bicycle parking. The dedication of land fronting Tuross Lane and the proposed works to upgrade a 6m wide sealed section with parking bays with internal access roads has been assessed by Council’s assessing officers as appropriate, subject to conditions of consent for proposed construction works.

Referral Responses

The development has been referred to internal subject matter experts and state agencies. Responses have been received from both Essential Energy and Heritage NSW who do not raise objection to the development subject to their written advice or General Terms of Approval. These have been incorporated into the notice of determination for the development (see Attachment 5 – Draft Notice of Determination).

Summary

The current submitted plans for Council consideration (see Attachment 1) do not require any variations under Bega Valley Local Environmental Plan 2013 (BVLEP 2013) or Development Control Plan 2013 (BVDCP 2013). The design is considered appropriate within the context of the site, surrounding land uses and the overall strategic directions within the Local Strategic Planning Statement (LSPS) and the Bega Valley Residential Land Strategy that encourages the consolidation of vacant land within the Bermagui town centre.

Concerns raised in submissions have been detailed and addressed. The design changes undertaken by the applicant to reduce the overall number of dwellings has addressed many of the initial concerns raised in submissions for the original submitted plans.

Financial and Resource Considerations

Assessing proposals for development is part of the regular business of Council and resourcing to undertake that function is included in Council’s adopted 2024-25 Budget.

Legal /Policy

The proposal complies with relevant provisions under BVLEP 2013 and BVDCP 2013. Refusal of the development application could be subject to an appeal in the Land and Environment Court, which would have cost implications to defend Council’s position.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

The revised plans are consistent with the goals outlined in the Community Strategic Plan 2042 and in particular Goals 10 and 11:

· Goal 10: Reduced inequalities

· Goal 11: Sustainable cities and communities.

The revised plans are consistent with Themes in the Community Strategic Plan 2042 and in particular themes A, C and D:

· A. Our Community: A connected and vibrant community where people are happy, safe and well. Strategic objectives: Our Shire continues to be a safe and affordable place to live.

o A.9. Collaborate with relevant agencies and the private sector to increase the diversity and affordability of new and existing housing, particularly to meet the needs of our ageing population.

· C. Our environment: We embrace sustainable living and value conserve our natural environment. Strategic objectives: We are leaders in sustainable living and support innovative approaches to resource recovery and the production of renewable energy and food.

o C.4. Adopt sustainable design principles in the planning of our urban areas and infrastructure provision and encourage sustainable buildings and lifestyles.

· D. Our infrastructure: Our infrastructure complements our natural surroundings and character while enhancing the lives of our community. Strategic objectives: Our transport networks support our community to work, learn and socialise.

o D.6. Support sustainable and active transport through the transition to electric vehicles and development of paths and tracks for walking and cycling.

The revised plans are consistent with Directions 24 and 45 of the South East and Tablelands Regional Plan 2036:

· Direction 24: Deliver greater housing supply and choice

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

The current development plans are consistent with the Residential Land Strategy 2040 development principles. The proposed development involves a residential development within walking distance of the local town centre of Bermagui.

Environment and Climate Change

This application, if approved, will not have any additional adverse impacts on the environment or climate change with the development meeting the provisions of State Environmental Planning Policy (Sustainable Buildings) 2022. The proposed building has been designed around a 3.2 m AHD level for flood and coastal risk mitigation.

Economic

The proposed development will contribute to the economy of the Bermagui area. It is considered that utilising this large R3 Medium Density Residential zoned land for a multi-unit residential development would be the best economic use of the land, as envisaged by the Residential Land Strategy and therefore the proposed development is suitable for the reasons outlined in this report.

Risk

The assessment of development is a core function of Council. There are no material impacts on Council’s operations associated with determination of the proposed development. Refusal of the development application could be subject to an appeal in the Land and Environment Court, which would have cost implications to defend Council’s position.

A geotechnical report and soil and water management measures are required as conditions of consent to ensure the protection of neighbouring properties during any construction works.

Social / Cultural

The proposed multi-unit residential development would provide for the orderly development of a site that is centrally located near the Bermagui town centre. A footpath from Tuross Lane to the Carnago Street bus stop will promote connectivity from the site that will contribute to the broader social and cultural environment of Bermagui.

Attachments

1 ⇩. Proposed Plans

2 ⇩. Road widening land dedication

3 ⇩. Section 4.15 Assessment Report

4 ⇩. Summary of Submissions

5 ⇩. Draft Notice of Determination

Council 16 April 2025

Item 8.3

8.3. Development assessment service review

This report seeks Council endorsement for the scope and budget for an independent review of Council’s development assessment service.

Chief Executive Officer

Officer’s Recommendation

1. That Council endorses the scope at Attachment 1 for an external review of Council’s development application process.

2. That Council endorses the budget allocation as described in the confidential attachment.

3. That Council authorises the Chief Executive Officer to engage an appropriate consultant following Council’s approved procurement processes.

4. That Council notes a further report will be provided to Council at the conclusion of the review.

Executive Summary

This report seeks Council approval of the draft scope for an independent review of Council’s end-to-end development assessment (DA) processes (see Attachment 1) and an associated budget.

The proposed scope and budget have been developed based on Cr Nadin’s Notice of Motion, Council’s recent experience with independent service reviews of its Children’s Services and Families, Ageing and Disability services, and a review of recent DA service reviews conducted by other NSW councils.

A proposed budget for this work is available in the confidential attachment.

Background

Following the Black Summer Bushfires in 2019/20 and the COVID-pandemic, Council experienced a significant increase in the number and complexity of development applications across the shire, coupled with protracted vacancies in the development assessment team exacerbated by a state-wide skills shortage. This has resulted in significantly extended DA processing times.

Additionally, the requirement for councils to use the NSW Planning Portal in 2020/21 provided new challenges during this time.

On 1 July 2024, the Environmental Planning and Assessment (Statement of Expectations) Order 2024, issued by the Minister for Planning and Public Spaces, the Honourable Paul Scully MP, came into effect. The order sets 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.

Bega Valley Shire Council 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 the state government’s Council league table, Council’s current financial year (i.e. July to March 2024) average gross DA processing time is 135 days. This is a significant reduction from 165 days in the 2023-24 financial year. From 1 July 2025, this target reduces to 105 days.

Council’s community satisfaction survey undertaken in 2024 identified the Development Application (DA) process as an area requiring improvement within Bega Valley Shire Council.

At the 27 November 2024 Council meeting, Council resolved as follows:

13.3

Development assessment audit

181/24

RESOLVED on the motion of Crs Nadin and O'Neil

That Council:

1. Request the audit, risk and improvement committee to work with the Chief Executive Office to prepare an appropriate service review scope to review development assessment related systems/processes, resources and culture.

2. That a report be bought back to council with a recommended budget to engage a suitably qualified, skilled and experienced firm to undertake the audit.

In favour: Crs Allen, Daly, Fitzpatrick, Haggar, Mudaliar, Nadin, Noble, O'Neil and Porter

Against: Nil

The last independent review of Council’s DA assessment service was undertaken in 2016 by an independent consultant. This provided a number of recommendations, the majority of which have been implemented, however the planning framework and broader context has significantly changed since then.

Service review scope and aims

A draft scope based on Councillor Nadin’s Notice of Motion for a current independent review of Council’s development assessment was drafted and circulated to the Audit, Risk and Improvement Committee (ARIC). The scope was endorsed by ARIC at the 11 March 2025 ARIC meeting, with a minor edit made to ensure the review considers the impacts of changes to the planning framework on development (such as cost and time).

The service review scope aims to identify and address issues, and highlight actionable improvements related to systems/processes, resources and culture. The review will holistically consider and assess factors contributing to delays, both within and beyond the organisation's control, and review the updates and improvements made in more recent times to build upon learnings. This review aims to provide specific recommendations tailored to BVSC's current resourcing, operational context and external environment.

The review aims to identify what we are doing well, what we need to improve, and what changes we can make to achieve this.

It will consider end-to-end processes from submission of a DA to determination, including internal referrals, external referrals, systems, processes, involvement of senior staff and Councillors, and the experience of applicants, owners and developers.

Options

1. Council can resolve to approve the draft scope and budget and authorise the CEO to engage an appropriate consultant following Council’s approved procurement processes.

2. Council can resolve to approve the draft scope and budget with changes identified by Councillors and authorise the CEO to engage an appropriate consultant following Council’s approved procurement processes.

3. Council can resolve not to proceed with the proposed service review.

Community and Stakeholder Engagement

Engagement undertaken

Council’s community satisfaction survey undertaken in 2024 identified the Development Application (DA) process as an area requiring improvement within Bega Valley Shire Council.

The decision to develop a scope and budget for a review of Council’s development assessment services and processes was made through a Notice of Motion from Cr Nadin at the 27 November 2024 Council meeting. No community engagement has been undertaken on this.

A number of NSW councils’ development assessment service reviews were reviewed in developing the scope.

The draft scope was circulated to ARIC and endorsed at their 11 March 2025 meeting, with a minor edit made to ensure the review considers the impacts of changes to the planning framework on development (such as cost and time).

Engagement planned

No further engagement is planned on the service review scope. Pending the Council resolution, the independent review will include engagement with a broad range of staff, applicants, development professionals, industry representatives, Councillors and external agencies.

Financial and Resource Considerations

A budget for this project has been identified in the draft FY26 Budget. More information is included in the confidential memo attached to this report. This amount is confidential to ensure that companies who wish to respond to the expected requested for quotation provide an estimate based on the scope rather than building a scope of works to align with the budget.

Legal /Policy

The assessment of development applications is governed by the Environmental Planning and Assessment Act 1979 and is guided by Council’s strategic land use documents, State Environmental Planning Policies, Local Environmental Plan and Development Control Plan.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

A review of Council’s development assessment processes and systems aligns with the following theme from the Bega Valley Community Strategic Plan:

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

Providing an efficient and effective development assessment service is a core function of Council, highlighted in the Delivery Program and annual Operational Plan.

Environment and Climate Change

The review of Council’s development assessment processes and systems will not impact the environment or climate change.

The impact to the environment and the impacts of climate change are considered during the Planning Proposal or DA assessment stage for individual developments.

Economic

The review will provide recommendations that should lead to further improvements in Council’s DA assessment processes and timelines. These improvements are intended to have positive benefits for developers and applicants and better facilitate future development in the shire.

Risk

Conducting a review of Council’s development assessment service and processes will help address risks to Council and the community from protracted assessment timeframes, and ensure we are best placed to meet Ministerial expectations regarding gross development assessment timeframes.

Social / Cultural

Development assessment enables housing growth and supports a connected and supported community. Undertaking a review of Council’s development assessment services and processes will enable Council to better support these outcomes into the future.

Attachments

1 ⇩. Development assessment service review - draft scope

2 . Confidential Councillor memo - DA service review (Confidential - As this attachment contains information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business as per Section 10A(2)(c) of the Local Government Act 1993.

Council 16 April 2025

Item 8.4

8.4. Development Application statistics - January to March 2025

This report provides an update on Council’s development application processing timeframes for the period January to March 2025.

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 commentary for the period 1 January to 31 March 2025.

During this period, the average net DA processing time (i.e. minus ‘stop clock’ days) was 67.86 days, compared to the 2024 calendar year net average of 92.69 days. (‘Stop clock’ days is the time taken for the Applicant to provide additional information.)

The average gross DA processing time for this period was 118.784 days (compared to 162.03 days in the 2024 calendar year).

These results should be interpreted with caution as processing time varies based on the number and complexity of DAs, 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)	2025 Jan-Mar
DAs determined+	70	103	88	80	343	55
New DAs received^	23	110	102	126	389	107
No of undetermined DAs^@	229	209	172	168	168 (as at 31 Dec)	182 (as at 31 Mar)
Average DA processing time (gross)	131.28 days	163.19 days	175.96 days	142.51 days	162.03 days	118.78 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	67.86 days
Estimated cost of construction (approved)	$32,014,287	$35,300,670	$34,268,969	$55,643,115	$170,178,307	$15,554.475

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 may not be counted as processing time for the purpose of the deemed refusal period.

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

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 2024 financial year gross average was 162.03 days. In the quarter January to March 2025, the average gross processing time was 118.784 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 average gross DA processing time is 135 days (for FY2024-2025 up to 28 February 2025). 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. Two (2) Town Planner roles are currently vacant with efforts continuing to fill these positions.

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. The Planning Cadet commenced with Council in the Strategic Planning service on 2 April 2025.

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 16 April 2025

Item 9.1

9.1. Adoption of the DRAFT Waste Strategy 2025-2035: Resources Not Waste and Public Exhibition Listening Report

The Waste Strategy 2025-2035: Resources Not Waste is presented for adoption.

Director Assets and Operations

Officer’s Recommendation

That Council:

1. Note the Listening Report from the ‘Have Your Say’ campaign.

2. Adopt the Waste Strategy 2025-2035: Resources Not Waste.

Executive Summary

The 28-day community consultation was completed over 31 January 2025 to 28 February 2025 for the DRAFT Waste Strategy 2025-2035: Resources Not Waste (the Strategy). A handful of responses were received and a listening report prepared for Council consideration. The responses were consistent with feedback gained during considerable community engagement activities throughout 2024. The key topics raised in the consultation have been considered in the development of the Strategy, which is presented back to Council to consider for adoption.

Background

At the Council meeting of 29 January 2025, Council resolved to approve the public exhibition of the DRAFT “Waste Strategy 2025-2035: Resources Not Waste” for not less than 28 days and that Council Officers report back to Council following the public exhibition.

The Strategy was exhibited from 31 January 2025 to 28 February 2025. Public comment was invited via open general feedback and the attached Listening Report presents the feedback received and Council’s assessment of the key themes.

The currently adopted Waste and Recycling service strategy “Recycling the Future” was adopted in 2018 and had a ten (10) year forward outlook. 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. Council is now at a point where the adopted strategy departs from the State framework.

As we are now more than halfway past the implementation period for the adopted strategy, it is prudent to reflect on the achievements and prepare a new strategy to guide Council’s waste and recycling services into the future.

The development of a new strategy began with initial planning in 2023. Throughout 2023-2024 considerable stakeholder engagement was undertaken, including community consultation. The Waste and Recycling team undertook the development of the DRAFT Strategy in-house.

Options

1. Council has the option to adopt the Strategy. This is the recommended option.

2. Council could choose not to adopt the Strategy and provide direction on how to proceed to further develop another draft for consideration.

3. Council could choose not to adopt the Strategy and instead continue under the existing adopted Strategy “Recycling the Future”.

Community and Stakeholder Engagement

The Strategy’s development was managed as a project, with significant focus on community engagement prior to the 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 28-day community consultation was the final piece of community engagement under Council’s Community Engagement Strategy. It was conducted as a standard Have Your Say campaign with accompanying media release and webpage informing the community about the Strategy and inviting feedback.

Throughout 2023-2024 the project staff undertook considerable stakeholder and community engagement. This is described in full in the DRAFT Strategy including appendices and in summary below.

The lead author engaged Waste and Recycling service team members to undertake a detailed strengths, weaknesses, opportunities, and threats (SWOT) analysis. 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). Councillors were invited to participate. Over the course of 12 months, the group came together for three (3) workshops to review and discuss the DRAFT Strategy’s development.

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 Strategy.

These engagement activities deliberately took place prior to writing the 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

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 for each of the actions and the projects that might result from them.

Financial and Resource Considerations

The Strategy will guide Council's future investment decisions in its waste and recycling services. It 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. In developing the Strategy and tying it to the 30-year financial model, staff planned for a balanced budget and modest loan strategy to fund its implementation.

However, the 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. Any significant change in operating or capital expenditure will result in the initiation of a project to deliver the expected benefits. When this occurs, whole-of-life, whole-of-service impacts will be costed as part of the normal council budget and planning process with approvals sought from Council.

To demonstrate the financial sustainability of the service the figures presented below are the end of financial year 2023-2024 operating results for the waste and recycling service. This demonstrates a typical operating year although Capital Revenue Grant income (offset by associated capital expenditure) is higher than normal. This is a balanced long term operating model achieving a modest operating surplus each year, setting aside depreciation and surplus into the waste reserve fund to allow for increases in service costs, updating infrastructure and implementing new or innovative services.

Operating Results FY 2023-2024	$ Excl GST
Operating Revenue	($15,122,759)
Operating Expenditure	$13,243,175
Capital Revenue (Grants)	($2,487,087)
Capital Expenditure	$2,734,815
Operating Surplus (+) / Deficit (-)	$1,631,856

Legal /Policy

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

Social / Cultural

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

Attachments

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

2 ⇩. HSY Listening Report 2025 - Waste Strategy 2025-2035 Resources Not Waste

Council 16 April 2025

Item 9.2

9.2. Reporting of minutes for committees with delegated authority and advisory committees

This report provides the previously adopted minutes for the Access and Inclusion Advisory Committee for November 2024, the General Community Hall Committee meeting for November 2024, the Cemetery Advisory Committee meeting for November 2024 and the Section 355 General Sportsground Committee meeting for December 2024.

This report also seeks to appoint new representatives to the General Community Hall Committee and the Cemetery Advisory Committee.

Director Assets and Operations

Officer’s Recommendation

1. That Council note the report and the minutes for:

· the Access and Inclusion Advisory Committee meeting for November 2024

· the General Community Hall Committee meeting for November 2024

· the Cemetery Advisory Committee meeting for November 2024

· the Section 355 The General Sportsground Committee meeting for December 2024.

2. That Council appoints the following additional volunteer to the General Community Hall Committee for the term of the current Council:

· Dave Boulton

3. That Council appoints the following additional volunteer to the Cemetery Advisory Committee for the term of the current Council:

· Jody Lloyd

Executive Summary

It is important to note that additional items may have progressed since the most recent meeting minutes were adopted.

This report also seeks to appoint the following representatives to s355 committees:

· The General Community Hall Committee seek to appoint Dave Boulton, replacing Clare McMahon from Kiah Hall.

· The Cemetery Advisory Committee seek to appoint Jody Lloyd.

Background

Committees of Council are established each term of Council and disbanded at the end of each Council term. On 11 January 2022 Council established various committees, groups and panels, following the 2022 Mayoral Election. These committees were re-established on 9 October 2024 following the 2024 local government 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 outline of each of the committees included in this report is below.

Access and Inclusion Advisory Committee (AIAC)

Over many years Council has supported an Access and Inclusion Advisory Committee (AIAC) as a mechanism to engage with people from diverse backgrounds and abilities to provide advice and guidance about accessibility issues across the Bega Valley Shire.

The AIAC assists Council to reduce barriers and improve access and inclusion to Council premises, public buildings and services for residents and visitors, including people with disability, older and frail people, parents with prams and other community members.

The General Community Hall Committee

The General Community Hall Committee is a strategic committee responsible for oversight of the management of Council’s 18 halls. Committee members manage the hall facility hire and work with Council to bring about improvements to the management of Council’s halls.

General Cemetery Advisory Committee

Council manages 14 cemeteries across the shire. The committee is comprised of a diverse membership who work in partnership with Council to bring about improvements to the management of Council’s cemeteries.

General Sportsground 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

Council has the option to:

1. Appoint the volunteers to the nominated committees, as recommended.

2. Not appoint the listed volunteers to nominated committees.

3. Identify alternative volunteers for nominated committees.

Community and Stakeholder Engagement

Engagement undertaken

Nominations for Council committees are sought in line with Council’s adopted Community Engagement Strategy and Community Engagement Toolkit. Engagement with the committees to date includes formal meetings and out of session correspondence to keep projects on track and ensure progress of key actions.

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.

Meetings of each committee will continue to be held as per the terms of reference.

Financial and Resource Considerations

Council officer time is required to provide support to the committees as per committee guidelines which is part of the annual activities of Council. A small budget is included in the Operational Plan each year to cover room hire and other meeting costs. There are no additional financial or resource considerations associated with the recommendation of this report.

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:

6. Strong, Consultative Leadership

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

6.11.1 Improve communication about Council activities, decisions and achievements

The following task is identified in the Core Business section within the Parks Aquatics and Recreation section of the Delivery Program 2022-25 + Operational Plan 2023-24:

Coordinate with community groups, committees, and volunteers to oversee the management and maintenance of community sporting and recreation facilities

Environment and Climate Change

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

Economic

There are no direct economic implications associated with the recommendation of this report, however ensuring infrastructure, services and programs are accessible, and maintaining and utilising our community assets such as halls, will have broader economic benefits for the community.

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 and to contribute to a more socially and culturally cohesive Bega Valley Shire.

Attachments

1 ⇩. Access and Inclusion Advisory Committee meeting minutes 12 November 2024

2 ⇩. General Community Hall Committee meeting minutes 26 November 2025

3 ⇩. Cemetery Advisory Committee meeting minutes 28 November 2024

4 ⇩. S355 General Sportsground Quarterly Committee Meeting minutes 02 December 2024

Council 16 April 2025

Item 9.3

9.3. Public exhibition of draft Wolumla Flood Study

The draft Wolumla Flood Study has now been developed and requires Council endorsement for public exhibition.

Director Assets and Operations

Officer’s Recommendation

1. That the draft Wolumla Flood Study be exhibited for a period of not less than 28 days.

2. That a further report be presented to Council for final endorsement of the Wolumla Flood Study considering any submissions received.

Executive Summary

The draft Wolumla Flood Study findings are now available for public exhibition and comment.

Once finalised and endorsed, the Flood Study will form the technical basis for the subsequent development of the Floodplain Risk Management Study and Plan for the Wolumla Creek catchment.

Background

Council has adopted an Affordable Housing Strategy, Rural Residential Land Strategy and Wolumla Structure Plan which outline future directions for residential development within the Wolumla catchment. Council has created capacity for approximately 1,000 new dwellings to be constructed on greenfield sites bordering the existing village.

Council also has some critical infrastructure such as 2 Regional Roads and its Central Waste Facility within the catchment where flood impacts are required to be quantified for future strategic asset planning.

A detailed study of potential impacts of flooding and drainage is required to facilitate residential development in the area and ensure that future residents and public assets are protected from hazards.

The road network within the catchment has also been impacted by flood and storm events occasioning loss of access. Inundation information is required to support future emergency response planning within the catchment.

The draft Flood Study forms the initial phase of flood risk assessment to inform subsequent development of a floodplain risk management study and plan that is a later part of the same project.

Options

The options available to Council are:

1. To publicly exhibit the draft Wolumla Flood Study findings.
This is the preferred option, aligns with Council’s Community Engagement Strategy and will assist to validate findings for the subsequent Floodplain Risk Management Study and Plan phase.

2. To not exhibit the draft Wolumla Flood Study findings.
This is not the preferred option as it minimises community input, validation and ownership of the draft findings.

3. To develop other options as Council deems suitable for the current project stage.

Community and Stakeholder Engagement

Internal and external stakeholder engagement has occurred in the development of the draft Wolumla Flood Study findings in accordance with the IAP2 Participation spectrum and Council’s Engagement Strategy.

Engagement undertaken

An internal technical working group comprising staff from Works and Assets and Planning and Sustainability provided input into the consultant technical brief.

Staff from Department of Climate Change, Energy and Environment and Water (DCCEEW) as the funding partner representative also provided technical input to the consultant brief as part of the relevant funding deed requirements.

The initial community engagement and data gathering phase occurred 17 May – 2 June 2024 using an online community survey hosted on Council’s website Have Your Say page. A dedicated project webpage was developed and the community engagement period promoted with media releases and social media. Door knocking was also conducted 29 May 2024 to gather additional responses during the initial community engagement period.

A project overview was also given at the Flood and Coastal Committee meeting held on 25 March 2024.

Engagement planned

A report will be submitted to Council detailing the finalised Flood Study, and submissions will be presented to Council following the close of the public exhibition period.

During the second phase Floodplain Risk Management Study and Plan stages, additional community engagement is proposed that also includes a subsequent public exhibition and Council consideration of the finalised Floodplain Risk Management Study and Plan documents. These subsequent documents identify suitable management options with community consultation.

Financial and Resource Considerations

The project has been partly funded at a ratio of 2:1 (State/Council) under the NSW Government Floodplain Risk Management Program to a maximum grant amount of $120,000 ex. GST

Item	$ Excl GST
Expenditure Detail
Wolumla Flood Study and Floodplain Risk Management Plan	$184,690
Total Expenditure	$184,690
Source of Funds
Drainage General Fund	$64,690
NSW Floodplain Management Program	$120,000
Total income available	$184,690
Project Funding Shortfall	Nil

Financial Option Impacts | Life Cycle Costing

There are no life cycle cost impacts to Council as this is an operational project and does not create infrastructure.

Legal /Policy

The project is being undertaken in accordance with the requirements of the NSW Floodplain Risk Management Manual 2023.

The manual was gazetted in June 2023 as the manual relating to the development of flood-liable land for the purposes of section 733 of the Local Government Act 1993. It replaced the former Floodplain development manual (2005).

S733 of the NSW Local Government Act 1993 affords Councils exemption from liability where Councils act in good faith and substantially in accordance with the principles contained in the relevant manual.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

Completion of the Wolumla Flood Study and Floodplain Risk Management Plan delivers the following action from Council’s adopted Delivery Program 2022-25

- D.1.2.1 Continue Wolumla Flood Study and Floodplain Risk Management Plan

Environment and Climate Change

The effects of climate change and sea level rise were considered in the development of the technical brief and draft flood study findings in accordance with the relevant technical requirements as defined by DCCEEW.

Economic

There are minor positive economic benefits from the completion of the Flood Study and Floodplain Risk Management Plan through the consumption of local goods and services during community engagement and public exhibition periods associated with travel, accommodation and venue hire.

Risk

The Wolumla Flood Study and corresponding Floodplain Risk Management Plan will allow Council to identify a co-ordinated set of measures to manage flood risk within the catchment. The development and implementation of a Floodplain Risk Management Plan eliminates ad-hoc decision making that may magnify residual flood risk within the catchment.

A lack of community engagement on the draft Flood Study and subsequent Floodplain Risk Management Study and Plan findings may lead to sub-optimal outcomes for the project and community of interest.

Social / Cultural

The suite of measures identified during the subsequent Floodplain Risk Management Study and Plan phase will minimise the financial and social disruption to the local community as a result of significant flood/storm events as the risk management actions are implemented.

Attachments

1 ⇩. Draft Wolumla Flood Study for public exhibition 26 March 2025

2 ⇩. Draft Wolumla Flood Study Map Compendium for public exhibition 26 March 2025

Council 16 April 2025

Item 9.4

9.4. Bega Valley Local Traffic Committee March 2025

This report provides the recommendations of the Local Traffic Committee (LTC) meeting held on 18 March 2025.

Director Assets and Operations

Officer’s Recommendation

That Council adopt the recommendations of the Bega Valley LTC meeting held on 18 March 2025 as outlined below:

WinterSun Festival – Merimbula – Saturday 7 June 2025

1. That, subject to conditions, a section of Market Street from Hylands Corner to Merimbula bypass traffic lights (excluding Park Street bypass and Monaro Street) and Beach Street up to but not including Alice Street be temporarily closed between 8.00am and 9.00pm on Saturday, 7 June 2025 for the WinterSun Festival.

2. That the proposed traffic arrangements involving the temporary closure of Market Street from Hylands Corner to Merimbula bypass traffic lights (excluding Park Street bypass and Monaro Street) and Beach Street up to but not including Alice Street for the WinterSun Festival on Saturday, 7 June 2025, be deemed a Class 2 special event and it be conducted under an approved Traffic Guidance Scheme (TGS), in accordance with the Safe work 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 is to be included in the TGS to physically obstruct access to the closed road.

a. 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

b. 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. The TGS is to include 40kph speed reduction signs in advance.

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 public liability insurance of at least $20 million indemnifying Bega Valley Shire Council, NSW Police Force and TfNSW by name as an interested party for the event.

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

9. That organisers apply to TfNSW for a current Road Occupancy Licence (ROL).

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

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

ANZAC Day March and Service – Merimbula, Pambula and Wolumla - Friday 25 April 2025

1. Merimbula: That the proposed traffic arrangements for the Merimbula ANZAC Day dawn service and morning March and service in Merimbula on Friday, 25 April 2025 be approved and deemed a Class 2 special event.

2. That sections of Main Street, Market Street and Beach Street, Merimbula be temporarily closed on Friday, 25 April 2025 for the Merimbula ANZAC Day dawn service, March and morning service in Merimbula in accordance with the TGSs.

3. Pambula: That the proposed traffic arrangements for the Merimbula ANZAC Day March and service in Pambula on Friday, 25 April 2025 be approved and deemed a Class 1 special event.

4. Wolumla: That the proposed traffic arrangements for the Wolumla ANZAC Day March and service in Wolumla on Friday, 25 April 2025 be approved and deemed a Class 2 special event.

5. That sections of Scott and Bega Street in Wolumla be temporarily closed on Friday, 25 April 2025 for the Wolumla ANZAC Day March and Service in Wolumla in accordance with the TGS.

6. That sections of Quondola Street (Princes Highway), Pambula be temporarily closed on Friday, 25 April 2025 for the Pambula ANZAC Day morning March and Service in Pambula in accordance with the TGS.

7. That the temporary closure of the Princes Highway, Pambula is a matter solely for TfNSW Road Occupancy Licence determination.

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

a. 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

b. 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.

9. Subject to approval of site specific TGSs.

10. That the above event organises their own accredited Traffic Control Staff to implement and manage the relevant TGS.

11. That the event organiser arranges the pick-up and drop off on any signage used through Council.

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

Bega Valley Rally – Saturday 7 & Sunday 8 June 2025

1. That, subject to conditions, Niagara Lane / Comans Lane be temporarily closed between 10.00am and 2.00pm on Saturday, 7 June 2025 for the duration of a competitive stage of the Bega Valley Rally.

2. That, subject to conditions, Buckajo Road be temporarily closed between 11.30am and 3.30pm on Saturday, 7 June 2025 for the duration of a competitive stage of the Bega Valley Rally

3. That, subject to conditions, Coopers Gully Road be temporarily closed between 12.00pm and 4.00pm on Saturday, 7 June 2025 for the duration of a competitive stage of the Bega Valley Rally.

4. That, subject to conditions, Upper Cobargo Road be temporarily closed between 12.00pm and 4.30pm on Saturday, 7 June 2025 for the duration of a competitive stage of the Bega Valley Rally.

5. That, subject to conditions, Angledale Road be temporarily closed between 12.30pm and 5.00pm on Saturday, 7 June 2025 for the duration of a competitive stage of the Bega Valley Rally.

6. That, subject to conditions, Snake Track be temporarily closed between 8.00am and 12.00pm on Sunday, 8 June 2025 for the duration of a competitive stage of the Bega Valley Rally.

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

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

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

10. That, organisers have approved public liability insurance of at least $20 million indemnifying Bega Valley Shire Council, NSW Police Force and TfNSW by name for the event.

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

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

13. That signage be displayed advising of Road Closures.

Restricted Parking signage – Merimbula Airport

Remove existing “Restricted Parking Area: Park in Bays Only” sign and “End Restricted Parking Area”.

Imlay Street, Eden – Implement “No Stopping” and upgrade of the existing “No Through” road signage

Install No stopping signs 3 metres from the bottom edge of the Driveway at 243 Imlay Street and 3 metres from the top edge of the Driveway at 194 Imlay Street to introduce a “No stopping area” at the cul-de-sac of Imlay Street, Eden.

Elizabeth Street and Fishpen Road, Merimbula

Install Give Way sign and line marking at the intersection of Elizabeth Street and Fishpen Road, Merimbula.

Executive Summary

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

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

Background

The following submissions for Council action were received at the LTC meeting held 18 March 2025.

WinterSun Festival – Merimbula – Saturday 7 June 2025

A submission has been received for the WinterSun Festival 2025; to be held on Saturday 7 June 2025, it is proposed to close Market Street from Hylands Corner to Merimbula bypass traffic lights (excluding Park Street bypass and Monaro Street) and Beach Street up to but not including Alice Street. This proposed area will include the pedestrian signals. There will be a stage set up for bands, at the bypass end of Market Street, to minimise noise interference with Jazz Festival music in Twyford Hall. There will be food trucks and stalls, and a roped off licenced area with paid professional security and staffed by current Responsible Service of Alcohol (RSA) holders and business management on Market Street.

A copy of the submission is attached and marked ‘WinterSun Application 2025.’

ANZAC Day March and Service – Merimbula, Pambula and Wolumla - Friday 25 April 2025

A submission has been received from Merimbula RSL Sub Branch for the 2025 ANZAC Day Dawn Service in Merimbula and the main March and Service in Merimbula, Pambula and Wolumla. These have been reviewed by council staff. The routes proposed for 2025 are the same as 2024.

Merimbula: The Merimbula Dawn Service will be held at 6.00am and will require the closure of Beach Street, Merimbula between the intersections of Alice Street and Main Street from 5.30am to 7.30am.

The Merimbula morning march will assemble at the Merimbula RSL Club at 10.30am and proceed along Main Street, Market Street and Beach Street concluding at 11.00am with a Service at the War Memorial. The closure of Main Street and Market Street, Merimbula will be required for the duration of the March only, while Beach Street will be closed between the Alice Street and Main Street intersections from 10.30am to 12.00pm for the Service.

Pambula: The Pambula March will assemble on Quondola Street (front of supermarket) (Princes Highway), Pambula from 9.00am and proceed to the Memorial (opposite Post Office) for the Service and wreath laying. The March and Service will require the closure of Quondola Street, between the Toalla Street and Bullara Street intersections, from 8.30am to 10.30am. Princes Highway traffic will be diverted to Merimbola Street.

Wolumla: The Wolumla March will assemble in Bega Street (opposite Wolumla Hotel) at 8.30am. March to along Bega Street to the Wolumla Memorial for a Service and wreath laying at 9.00am.

Bega Street will be closed from Scott Street to Princes Highway. Once the March arrives at the Memorial, Bega Street will be closed from Cochrane Road to Princes Highway until 10.00am.

A copy of the submission is attached and marked ‘ANZAC Day Application Merimbula, Pambula and Wolumla 2025.’

Bega Valley Rally – Saturday 7 & Sunday 8 June 2025

A submission has been received for the 2025 Bega Valley Rally, to be held on Saturday 7 June and Sunday 8 June 2025. The rally is mainly conducted on NSW Eden Forestry Corporation roads, with the use of six Bega Valley Shire roads, being Niagara Lane, Buckajo Road, Coopers Gully Road, Upper Cobargo Road, Angledale Road and The Snake Track.

A copy of the submission is attached and marked ‘Bega Valley Rally 2025’

Restricted Parking signage – Merimbula Airport

In May 2022, it was recommended that Council install “Park in Bay Only” signage at the entrance of the airport car park and “End Restricted Parking Area” signage at southern end of the Airport.

Recommendation to remove signage due to signage causing confusion with road users.

A copy of the previous recommendation attached and marked ‘Merimbula Airport Signage May 22’

Imlay Street, Eden – Implement “No Stopping” and upgrade of the existing “No Through” road signage

BVSC have received a number of complaints around this area, to investigate the number of caravans and heavy vehicles struggling to turn when entering Imlay Street cul-de-sac - Eden.

BVSC Transport and Drainage Engineer has reached out to the residents of Imlay Street, Eden requesting their say to introduce parking restriction signage in the cul-de-sac of Imlay Street, Eden.

The response was unanimous.

A copy of the Community consultant letter attached and marked “Community Consultant Letter Imlay Street, Eden’

Elizabeth Street and Fishpen Road, Merimbula

BVSC have received a request for line marking and give way signage at the intersection of Elizabeth Street and Fishpen Road.

Cr Porter mentioned that this may cause a whole new problem by trying to avoid the give way sign and re-routing around the block. NSW Police advised that even though there is no give way sign, people should be giving way to the right anyway. TfNSW also confirmed this.

Options

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

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

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

Community and Stakeholder Engagement

Engagement undertaken

ANZAC Day Event:

All ANZAC Day applications and TGS’s have now been received and approved. Approval letters have been sent to all of the sub-branches except Merimbula, Pambula and Wolumla.

RSL sub-branches have had training provided to implement these schemes. RSL sub-branches can elect in the future to procure their own TGS and not rely on those supplied by staff if they believe they can achieve a better outcome subject to the final approval of LTC.

BVSC staff have been in constant contact with RSL sub-branch members assisting them with their applications.

Reminder emails have been sent to all sub-branches reminding them to advise Council if signage is needed. These were sent on 18 December 2024, 19 March 2025 and 24 March 2025.

Merimbula, Pambula and Wolumla’s TGSs were not received in time for the February LTC, as they were received at 7.56pm on 4 February 2025. Therefore, they are now the only ones outstanding and tabled in this report.

Imlay Street, Eden – Implement “No Stopping” and upgrade of the existing “No Through” road signage

After many requests for No Stopping signage in Imlay Street, Eden. BVSC Transport Engineer, investigated and followed up with a community consultation letter requesting residence input with the request. All letters received back were in favour of the No Stopping signage.

Bega Valley Rally

Internal consultation was taken with Council’s Works and Assets team (including Disaster Recovery team) to ascertain any conflicts with road work projects on the specified roads.

Engagement planned

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

Financial and Resource Considerations

The use of approved traffic control and signage materials from Council may be requested.

Legal /Policy

All works are carried out according to the Roads Transport Act 2013, NSW Road Rules 2014, regulated TfNSW Traffic Signs and Australian Standards AS2890.6.

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 TGSs and the stipulations made by the LTC.

Environment and Climate Change

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

Economic

There are minor positive economic impacts associated with the approval of the ANZAC Day marches and services, WinterSun Festival and Bega Valley Rally events through consumption of local goods and services.

Risk

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

Social / Cultural

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

Attachments

1 ⇩. Full Wintersun Application 2025_Redacted

2 ⇩. Anzac Day Application Merimbula Pambula Wolumla 2025 Redacted

3 ⇩. Bega Valley Rally 2025_Redacted

4 ⇩. Merimbula Airport signage May 22

5 ⇩. Community Consultation Letter- Imlay Street Eden

Council 16 April 2025

Item 9.5

9.5. Cattle crossing safety

This report is in response to a resolution of Council that staff report back to Council on options for grant funded improvements to cattle crossing safety across the Bega Valley.

Director Assets and Operations

Officer’s Recommendation

That Council note the contents of this report.

Executive Summary

This report is in response to a resolution that staff report back to Council on options for grant funded safety improvements to cattle crossings across the Bega Valley

Currently no specific grant funding opportunities targeting Cattle Crossings exist following the closure of the last round of the Cattle Under Pass Scheme (CUPS). As Council is not the owner of livestock, these opportunities are only usually available to primary producers and often require a significant co-contribution.

Staff will engage with Transport for New South Wales to advocate for the continuation of relevant grants or other bespoke road safety initiatives that will assist rural regional councils.

Background

At the Council meeting on 19 March 2025, Council resolved:

1. That staff report back to Council on options for grant funded improvements to the electronic signage, crossing underpass, or any other way to improve the safety of motorists at the cattle crossings across the Bega Valley.

2. That council advocate to the Federal and State Government for a funding program to address road safety at cattle crossings in Regional NSW.

In favour: Crs Allen, Daly, Fitzpatrick, Haggar, Mudaliar, Nadin, Noble, O'Neil and Porter

Against: Nil

Council is not currently aware of any open or upcoming funding programs that would suit a project proposal should any crossing safety works be deemed worthy of Council involvement.

The NSW Department of Primary Industries’ Cattle Underpass Scheme (CUPS) was established in 2021. Round 1 took applications to support dairy farmers to construct underpasses or cattle crossing warning flashing lights and signs.

Round 2 of CUPS opened in January 2023 and closed in September 2023. The grant provided for up to 50% of costs towards the construction of underpasses to a maximum of $100,000 plus GST for dairy farm businesses. Similarly, 50% of costs to a maximum of $20,000 plus GST was provided to businesses for purchase and installation of cattle crossing flashing warning lights and signs. For applicants from a disaster affected LGA from 2019 (including the Bega Valley), the grant contribution increased to 70%. (see attachment). This round is now finalised, and Local Governments were not eligible to apply. It is unknown if a further round will take place.

Transport for NSW (TfNSW), as part of the CUPS scheme, provided technical resources in the form of technical drawings for underpasses, flashing lights, warning signs and signage layouts for pavement level stock crossings. There are no current indications of further rounds of CUPS grants being made available.

The other key road safety grant program within NSW is the Towards Zero Safer Roads grant program that closed 10 May 2024. Only Local Councils and TfNSW are eligible to apply. Grants up to $10 million are possible.

Proposals must primarily focus on rural or urban Safe System Intervention Options, that align with future or interim state interventions per Safe System Hierarchy Risk Bands and generate a Safety Performance Index (SPI).

Eligible projects include but are not limited to:

· targeted centre and/or roadside barrier

· wide centre line

· continuous median barrier

· roundabout

· audio tactile line marking

· rural intersection activated warning signage

· reduced speed limit with supporting infrastructure

· raised safety platform

· midblock signalised pedestrian or cyclist crossing

· separated cycling facilities

· advanced intersection warning signals.

Ineligible works include but are not limited to:

· stand-alone planning and design only proposals

· maintenance projects - there must be a safety benefit upgrade.

The Safe Systems approach is underpinned by the following principles:

· People sometimes make mistakes – a simple mistake shouldn’t cost anyone their life.

· Roads, roadsides and vehicles need to be designed to minimise crashes or reduce forces if a crash happens.

· Road safety is a shared responsibility – everyone needs to make safe decisions on and around the road to prioritise safety.

· Safe roads, speeds, people and cars should work together to keep people safe while using the road system.

· Safe roads are designed and built to be more forgiving and account for human error.

· The higher the speed, the greater the impact. A small increase in speed can make a big difference to the severity of a crash.

· All road users need to be motivated to follow the rules and make safety a priority on and around the road.

· Safe vehicle choices can greatly affect your ability to survive a crash.

The principles and outcomes would be relevant to any grant submission under the Towards Zero Safer Roads program. It is unclear whether cattle underpass infrastructure would be eligible under the program criteria but signage and line marking projects may be subject to the program criteria.

In alignment with Safe Speed principles, it may be possible upon consideration by TfNSW and the Local Traffic Committee to implement localised time-based speed zone reductions at relevant cattle crossings, but final consideration would be required to meet current speed zoning standards for consistency along any particular route.

Council is also a current participant in the Local Government Road Safety program and a targeted road safety education program around cattle crossing safety may be eligible for funding within the program guidelines.

Options

That Council note the contents of this report.

Community and Stakeholder Engagement

Engagement undertaken

Council’s Grants Management Officer reviews all funding opportunities for community and business, and any that are found to be applicable to our region, including farming, are provided to the communications team to distribute via the relevant channels. Community and business can keep up to date with open and upcoming opportunities by subscribing to our Bega Valley Together and Business News newsletters via the Council website. Council also has a free community service funding finder, also available through our website where community members can set up an account with preferences, alerts or simply search for available grants.

In February 2025 Council’s Grants Management Officer conducted a free online community Grants Webinar which included this advice. A recording can be found on the Council website at https://begavalley.nsw.gov.au/community/all-about-grants.

Various landowners along Myrtle Mountain Road, Cobargo-Bermagui Road and Tathra Road at Jellat Jellat have been in contact with Council officers regarding underpasses and electronic warning sign proposals. Most recently, landowners along Tathra Road were in contact with Council officers during early to mid-2024.

A section 138 application under the NSW Roads Act, 1993 was received and approved by Council 11 Aug 2023 to install an electronic warning light arrangement on Cobargo-Bermagui Road. The installation was completed during November 2023 and relevant completion certificate issued 28 November 2023. The arrangement being self-funded by the applicant with the benefit of a CUPS grant.

A section 138 approval under the NSW Roads Act, 1993 was issued 23 October 2023 for an applicant funded cattle underpass installation on Myrtle Mountain Road completed in March 2024. The applicant was successful receiving a CUPS grant for the project.

Engagement planned

Council’s Grants Management Officer regularly reviews funding opportunities, which will be shared when with the community when they become available. Community members and businesses are also encouraged to subscribe to our newsletters.

Council officers respond reactively to landowners’ inquiries regarding any matters impacting roads network such as inquiries relating to section 138 applications and approvals.

Road safety and grant opportunities are regular agenda items whenever staff meet with TfNSW in our quarterly meetings. Senior council staff will ensure that the issue of Cattle Crossings is brought to the attention of TfNSW and advocate for bespoke funding streams in the future.

Financial and Resource Considerations

There are minor financial or resource considerations associated with this report should a targeted cattle crossing road safety awareness program be delivered. The relevant awareness program is not recognised in Council’s current Long Term Financial Plan. However, it may be possible to identify the relevant program within a future annual road safety action plan for the Bega Valley Shire subject to relevant data and TfNSW approval where limited funds exist to support such awareness programs.

There may be future potential asset life-cycle costs and grant development costs if Council proceeds with any specific underpass or electronic warning sign application under the Towards Zero Safer Roads grant program since the program only accepts applications from Councils or TfNSW.

Legal /Policy

Section 138 and 139 of the Roads Act, 1993 are the key regulatory mechanisms for installation and approval of structures or works within the road reserve.

Council’s conferred powers as a road authority allows it to regulate such activities such as the recent instance of an electronic warning sign system installation on Cobargo-Bermagui Road. Council also operates the Local Traffic Committee under delegation from TfNSW as a technical advisory committee to Council on matters affecting traffic within the Local Government Area. Final recommendations adopted by Council assist the regulation of traffic.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

Regulation of traffic, operation, maintenance and management of Council’s road network as related to section 138 and local traffic committee considerations are core business activities for Council. The following Delivery Program measures and outcomes are applicable as related to management of cattle crossings and corresponding road safety.

D1.1.6 Deliver the 2024-25 roads inspection program

D1.3.3 Develop roads and associated assets maintenance program

Maintenance or safety issues are resolved from inspection and/or maintenance processes where road related assets are Council owned. 3^rd party asset owners are notified of maintenance issues where relevant.

Environment and Climate Change

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

Economic

There are no economic impacts arising from this report.

Risk

Whilst many cattle crossing underpass and signage infrastructure installations are owned and maintained by third parties, the presence of the structures within Council road corridors can generate infrastructure and road safety issues requiring management. The installation of the infrastructure is regulated through section 138 applications and often through Local Traffic Committee processes in the application of conditions to manage identified risks ahead of time.

Following installation, Council has inspection and road maintenance programs to assist management of issues where working with the relevant infrastructure owner may be required to achieve the desired safety outcome.

Where any related structure may be Council funded or initiated such as through Towards Zero Safer Roads program, there may be financial impacts to Council’s adopted long term financial plan and Strategic Asset Management Plans from asset lifecycle cost impacts.

Pavement level stock crossings often create accelerated road surface and pavement deterioration at the localised point where stock cross, necessitating more frequent maintenance. Potential road safety issues can arise for road users with pavement level stock crossings with the introduction of stock into the road corridor, particularly in high-speed zones hence reduced speed limits are a commonly used mitigation measure. Often, however, locations and times of stock crossings are predictable.

Social / Cultural

Roads form important links for social and economic activity throughout the Bega Valley Shire.

The regulation of activities within Council road corridors is required to promote usage and road safety outcomes.

Agriculture is an underpinning sector of the local economy that is supported by provision of road access to markets and supporting services. Stock movements within the road corridors form part of the economic activity and cultural identity of the Bega Valley Shire.

Attachments

1⇩. DPI fact sheet- Role of local councils in cattle underpass scheme 2022

Council 16 April 2025

Item 9.6

9.6. Merimbula Central Business District (CBD) playground

The report is in response to a 19 March 2025 resolution of Council and provides background and an overview of other options to respond to the recent safety and compliance inspection report on The Promenade Playground in Merimbula.

Director Assets and Operations

Officer’s Recommendation

1. That the information in the report regarding costings for the requested options be received and noted.

2. That Council do not proceed with repair or replacement of the aging play equipment playground but instead install semi-permanent nature play items until a new and enhanced play space is developed in Merimbula CBD.

3. That any funding required be reallocated from current year 24/25 Playground Renewal budget.

4. That Council note the content not this report related to the petition tabled at the 19 March 2025 Council meeting.

Executive Summary

Council engaged external consultants to undertake comprehensive playground safety and compliance reports across the shire in November 2024. The report identified safety issues and defects with several playgrounds including this one at The Promenade, Merimbula.

The report included identification of defects and repairs needed to keep the ageing play equipment at a safe standard and in reasonable condition. Without undertaking repairs there will be increased risk of injury to users.

The play equipment is 30 years old, well past its anticipated lifespan, and the estimated cost of ongoing repairs is significant. Once repairs are complete the equipment will still be 30 years old and future repairs will be needed. The report recommended that if the identified repairs were completed the playground would still need to be replaced within the next 1 – 3 years.

Project development works have started on the Merimbula CBD Masterplan project with a replacement playground proposed at a nearby site. Details are yet to be finalised as they will be informed by civil and traffic management design.

Quotes have been obtained for replacement of similar items and estimates for repair and maintenance have been made, however it is recommended that Council remove the aging and unsafe play equipment and install semi-permanent nature play items behind the retained fence, noting that a new and enhanced play space will be developed in line with works on the Merimbula CBD Masterplan project.

Background

The Promenade Playground in Merimbula is a wooden unit installed in 1995 via a collaboration between the owner of the promenade shops Mr Colin Meares and Council. Mr Mears contributed $15,754 to the $44,222 playground cost. The playground sits in a high-profile precinct next to Merimbula Lake, it is fully fenced and close to cafes and shops. Kompan products are known to be of high quality however this year the playground will be 30 years old, which is beyond its expected useful life. In 2015 BVSC adopted the Merimbula CBD Masterplan which looks to make improvements to the Merimbula CBD including the renewal of the play equipment to a site adjacent to the current location.

Council has known for several years that the play equipment is well beyond its best condition and beyond its planned useful life. Parks and Recreation staff have been conscious that there are plans to relocate the playground in the Merimbula CBD Masterplan and over recent years efforts have been made to manage the equipment through to the time it is renewed. This has included additional bracing of rotten posts, patching and replacing some parts, and removing one of the climbing nets (which are high cost to replace) due to metal cables becoming frayed resulting in exposed sharp wires.

Council engages external consultants to undertake comprehensive playground safety and compliance reports. The most recent external was completed by the company ‘The Playground People’ in November 2024. Council had advance notice of areas of concern and received the full summary report in February 2025. The report identified safety issues and defects.

In line with Asset Management practices, staff considered the age and condition of the equipment, the high use of the site, safety and risk of injury, challenges sourcing parts, estimated cost of repairs, the continued high maintenance, the Council endorsed plans to relocate the playground, and determined that the most appropriate action at this time was to remove the unsafe and aged equipment.

A sign was installed on site to advise users that it was no longer viable to keep managing the aging equipment, that temporary nature play items (such as logs used in other play spaces in the Shire) would be put in the area, and that a new playground was planned as part of the Merimbula CBD Masterplan. It should be noted it has always been intended to replace the playground as directed in the Merimbula CBD Masterplan however this has taken longer to fund and deliver than expected when the plan was initially developed back in 2015.

There was a high level of social media reaction and community dissatisfaction which resulted in Council resolving:

1. That staff seek quotes for a replacement playground of a similar type and scale that can be relocated or reused should the playground be moved to a new location in the future.

2. That staff seek quotes to repair the existing playground to enable a further 2-5 years of asset life.

3. That staff provide a report to Council outlining the above 2 options and potential funding sources.

Options

There are several options to address the situation each with their own pros and cons. Each option, with a brief description is listed below. A more detailed assessment of options is included in the attachment.

1. Do nothing – Minor repairs at failure. – Issue: High hazard ratings in the recent inspection report. Poor risk and user safety outcome.

2. Repairs as recommended by the recent safety inspection. – Issue: High relative investment for use and age outcome. Likely to need further maintenance to manage other issues leading to more cost. (Item 2 of NoM)

3. Remove playground and install temporary nature play items until the new playground is designed and installed. – Issue: Lower service level. Not popular.

4. New equipment in the current location to be relocated (CBD Plan) – High cost (e.g. will triple installation cost and will double soft-fall cost). Equipment selected is unlikely to be the best long-term choice at the new location. (Item 1 of NoM)

5. New playground in the grassed area of the old information centre. – Longest timeframe for outcome (requires consultation, design and funding). May affect best civil and traffic management design.

A detailed assessment and staff scoring against multiple criteria is included in the attachment to this report. Options 3, 4 and 5 have equal assessment ratings. Depending on which assessment criteria is most important to Council will inform which option is preferred.

The staff recommendation is Option 3. It has the most balanced scoring across the assessment criteria, noting there is a poor score for the short-term use criteria. If Council is interested in the best short-term outcome, it can choose Option 4, noting it will cost more. If Council is interested in the best long-term outcome, it can choose Option 5, noting it will take longer to implement in the short-term, and has poor short-term outcomes.

Community and Stakeholder Engagement

Engagement undertaken

A sign was placed on site to advise users and those that frequent the area of the poor condition of the playground, let them know the short-term approach (installing temporary nature play items) and the plans to renew the playground with the adopted the Merimbula CBD planning works. It was intended to provide that information to Councillors and wider community prior to the signs being installed on site however due to an administrative oversight that did not occur.

At the 19 March 2025 council meeting Cr Nadin tabled a petition containing 208 signatures regarding “Save Our Playground” to send a strong message to the Bega Valley Shire Council to save and upgrade our park.

Chief Executive Officer has deemed the petition invalid as it did not satisfy the criteria required in Procedure 6.02.2 Code of Meeting Practice:

4.30 Each petition must clearly state the name and contact details of the person (and where relevant the organisation they are representing) who is submitting the petition to Council, who will be the principal petitioner. (BVSC Supplementary)

4.33 A petition will only be valid if the CEO is satisfied that the following criteria have been complied with:

b) The petition contains a covering letter addressed to the CEO or Mayor containing a clear and concise statement identifying the subject matter of the petition along with the full name, address, phone number and signature of the principal petitioner.

The petition has still been provided to Councillors for their reference.

Engagement planned

Staff will provide a media release on the outcome of this Council report.

If Option 4 is chosen the equipment will be selected to be of a similar type and scale to the existing unit. There will be a Facebook notification once the equipment is selected. It is noted that this type of unit has limited accessible areas, and the soft-fall material will again be bark, as rubber soft-fall cannot be reused. Bark soft-fall can limit accessibility.

If Option 5 is selected there will be a ‘Have Your Say’ including some differing equipment types and options.

Financial and Resource Considerations

The Council resolution of 19 March 2025 directs information to be provided for 2 Options, these are reflected as Option 2 and Option 4 of the five (5) Options referred to above and in the attachment.

Option 2 (Council resolution item 2): That staff seek quotes to repair the existing playground to enable a further 2-5 years of asset life.

Item	$ Excl GST
Expenditure Detail
Play equipment immediate repairs	$10,000 - $20,000
Play equipment repairs yr 2 - 5	(est $7,000 per annum) say $28,000
Total Expenditure	$38,000 - $48,000

Given the timeline from the Notice of Motion and the difficulty is sourcing quotes through the standard procurement procedure without a detailed scope of work, site inspection etc. the table above represents estimates based on historical information and local knowledge.

Actual costs will depend on further deterioration and the likelihood of other problems or issues arising while working on the 30 old equipment. Some items are expensive, have a 20-year expected life, and are unique to this type of equipment, meaning it is unlikely they will be able to be reused.

Option 4 (Council resolution item 1): Staff seek quotes for a replacement playground of a similar type and scale that can be relocated or reused should the playground be moved to a new location in the future.

Quotes have been requested from five play equipment manufacturers. At the time of drafting quotes had been received from three suppliers. The estimated costs are provided in the table below (+/- 10%) and will be dependent on equipment and manufacturer choice:

Item	$ Excl GST
Expenditure Detail
Play Equipment Supply and Install	$42,000 - $67,000
Softfall (bark) install	$7,000
Play Equipment disassembly	$10,000
Play Equipment reinstall	$15,000
Softfall (bark) install	$7,000
Total Expenditure	$81,000 - $106,000

It should be noted the equipment selected will be determined by the current site and use. A key criterion is the equipment’s ability to be relocated at a later date. With these items directing the equipment selection it is unlikely to be the best long- term outcome. Typically, equipment would be selected considering more current play space design, user abilities and to demographics, and site requirements and opportunities to achieve the best longer-term outcomes.

Financial Option Impacts | Life Cycle Costing

Ongoing Financial Impacts	$ Excl GST
Capital Investment \| Renewal,	$106,000
Annual maintenance and operational costs	Existing equipment $10,000 - $20,000 pa. New equipment $1000 pa.
Depreciation costs	‘District’ site 25 year asset life. $4,250 pa.
User charges (annual income)	nil

Legal /Policy

Planning approvals for development of recreation facilities are often addressed under Division 12, Parks, and other Public Reserves of State Environmental Planning Policy (Transport & Infrastructure) 2021 (TISEPP 2021).

The current playground is located within the Beach Street road reserve. The site proposed in the Merimbula CBD Masterplan and in Option 5 above, relocates the playground to the adjacent BVSC Managed Crown Reserve # 97406 - Beach St.

There is always risk associated with providing and managing facilities on public land. The legislation related managing risk and liability is the Civil Liability Act 2002.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

Asset Management

BVSC has a very high provision of recreation assets per capita. This situation is a result of the Bega Valley historically developing as smaller population centres and villages and over a large area. This creates a fundamental challenge in that there are a lot of assets with a relatively small population base to fund the management of them. This creates a very high reliance on external funding. This is the situation across all Parks, Aquatics and Recreation asset categories. The current situation has been highlighted to Councillors clearly during section service overviews in past years. Play equipment provision and renewal is a good example of the issue to be managed.

Play equipment expected useful life:

Assets do not last indefinitely. The BVSC Parks Aquatics & Recreation Asset Management Plan identifies play equipment expected useful life of 20 years (regional sites) to 25 years (district and local sites). This is subject to factors such as the amount of use, material type, levels of maintenance, corrosion, vandalism and structural integrity. The location of the play equipment can also be a key influence on its life and overall condition. The Promenade play equipment is 30 years old.

Play equipment condition:

Council has known for several years that the play equipment at The Promenade is well beyond its best condition and beyond its planned useful life. Some detailed images of the current condition of the play equipment are provided below. As stated above the play equipment is in a high-profile/high visitor location. The recent comprehensive condition assessment identified there are items that need to be replaced to address unreasonable safety risks.

A metal ruler on a pole

AI-generated content may be incorrect. A playground with a hole in the ground

AI-generated content may be incorrect.

A wood post with two holes

AI-generated content may be incorrect. A close up of a rope

AI-generated content may be incorrect.

Typical detail of the existing play equipment condition.

Strategic Planning – Merimbula CBD Masterplan

In 2015 Council adopted the Merimbula CBD masterplan. The masterplan identifies renewal and relocation of the Beach Street (Promenade) play equipment to a location nearby. An image from the Masterplan and an aerial image of the current play equipment is provided below. Both sites are relatively small, are different shapes and are constrained by local elements, all which will influence play equipment selection.

The masterplan looks to take a strategic approach to solving traffic and infrastructure issues at the same time. Some significant works have occurred that reflect the masterplan including the Merimbula bypass, Palmer Street parking and the removal of the old visitor information centre. This work also relates to the Merimbula Transport Study project undertaken through 2023 and endorsed by Council in November 2023. In November 2023 BVSC applied for funds under the Federal governments Investing in Our Communities program, with the first step to progress with detailed design works included in the Merimbula CBD upgrade.

The Merimbula CBD Masterplan and the Merimbula Transport Study are both strategic documents endorsed by Council. Considering this holistic master planning work in the renewal of the Beach Street (Promenade) play equipment will deliver the best long outcomes.

A map of a park

AI-generated content may be incorrect.

Clip from Merimbula CBD Masterplan Assessment – Play equipment relocated to the east. A small visitor information centre to go into its current location.

Aerial view of a parking lot

AI-generated content may be incorrect.

Aerial Image of the current play equipment location

Environment and Climate Change

The location is adjacent to Merimbula lake. Works will need to consider the sensitive coastal area and the rapid deterioration of materials exposed to the sea air.

Economic

Recreation assets play an important part in tourism. This applies across many projects and assets within Merimbula and more broadly. The current play equipment benefits business nearby but due to its condition would have little broader economic benefits.

Risk

The recent comprehensive play equipment report identified safety items that need to be addressed to manage safety and risks to users of the play equipment at The Promenade playground. Council needs to take some action based on that information to reduce the likelihood of injury to users and manage liability.

The attached assessment of options against safety, cost, timing, and short-term and long-term user outcomes looks to consider and balance risks associated with user safety, cost, reputation and user outcome.

Other BVSC playgrounds due for renewal

It is worth noting that the recent comprehensive play equipment report identified six playgrounds in the shire that will need to be renewed in the next 1 – 3 years. This was not unexpected. A project to begin planning for a round of six local play equipment renewals was included in the draft 2026 operational plan and budget. The six identified sites are:

1. Spencer Park, Merimbula (Pyramid Chain Climber / Mulitplay Junior Unit) – District site: Identified as Coastal Accessibility planning site. Project development will include consultation.

2. The Promenade Park, Merimbula – Small District high profile site: CBD Masterplan identifies for it to be relocated nearby. Project development at the new site will include consultation.

3. Lynjohn Park, Bega – Small local site: Item for local playground planning in 26FY LTFP, Project development will include consultation. Provision and options will be informed by the BVSC Recreation Strategy.

4. Bunyarra Park, Bega – Small local site: Item for local playground planning in 26FY LTFP. Project development will include consultation. Provision and options will be informed by the BVSC Recreation Strategy.

5. Kianinny Bay Park, Tathra – District site: Identified as Coastal Accessibility planning site. Project development will include consultation.

6. Rotary Park, Eden – Small local site: Eden Rotary have a community project proposal in to replace the equipment. A project sign with information has been placed on site.

In addition, a seventh site is the Wallaga lake playground which had been removed due to the age of the equipment. The Wallaga Lake area has also been identified as a Coastal Accessibility planning area and the replacement of the play equipment will be included in project development for that project.

Social / Cultural

Public playgrounds are important for children’s development and serve as a meeting place for children, parents and carers. Over the 30 years since the current equipment was installed there has been increased awareness of these social aspects of play spaces. Design thinking has also developed and is more mindful of considering inclusion and accessibility in equipment selection and design. Examples of this are the play spaces which have been renewed across the shire referencing the Everyone Can Play guides to achieve social and cultural outcomes.

Attachments

1 ⇩. Options Assessment - The Promenade Playground

2. Quotes for Merimbula CBD playground March 2025 (Confidential - As this attachment contains information that would, if disclosed, prejudice the maintenance of law as per Section 10A(2)(e) 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 16 April 2025

Item 9.7

9.7. George Brown Pavillion Upgrade Draft Design

This report offers background on the George Brown Pavilion Upgrade in Eden and provides a final draft design for Council endorsement to enable progress on procurement and construction.

Director Assets and Operations

Officer’s Recommendation

1. That council receive and note the information in the report and attachment.

2. That council endorses the attached draft design for George Brown Pavilion Upgrade to be the final design for procurement and construction.

3. That Council delegate authority to the Chief Executive Officer to make minor amendments to design and project details if required.

Executive Summary

In March 2025, a draft design for upgrading the Eden Tigers Rugby League Club changerooms was completed and endorsed by the club's committee. This design meets the requirements of external funding agreements and provides adaptable, fit-for-purpose facilities for both male and female members, as well as officials and visiting teams, ensuring a safe and comfortable environment.

Summary of Key Milestones:

· 23 March 2024: Finalisation of a $250,000 funding deed with the Commonwealth of Australia.

· 19 November 2024: Securing an additional $200,000 in funding from the New South Wales Government.

· March 2025: Completion and submission of the draft design, endorsed by the Eden Tigers Rugby Club committee.

Options:

· Accept the proposal and proceed to final design and construction. (preferred option)

· Seek further options, which would require additional funding and is not the preferred option.

· Do nothing and not progress with the project.

Background

Since 2019, proposals for upgrading the George Brown Pavilion have included community meetings and working groups.

On 29 May 2019, a Community Project Proposal (CPP) was presented to the Council, leading to staff collaboration with the applicant to find effective solutions. A subsequent development application for a second equipment store was lodged without Council's prior approval. Council staff then worked with the applicant to address the pavilion's limitations and needs.

On 29 June 2022, the Council gave in-principle support to a CPP for female change rooms at George Brown Oval pavilion, allowing the applicant to seek further approvals and funding.

Another CPP for roof restoration was submitted on 28 June 2023, receiving in-principle support pending project development checklist completion and external funding confirmation.

Summary of Community Project Proposals from Eden RLFC:

· 29 May 2019: Presentation of the Community Project Proposal to the Council. - Request for second story to existing amenities.

Resolution - Staff to work with applicant to assess most effective expansion option prior to further consideration from council.

· June 2022: Community Project Proposal - Proposal for Female change rooms.

Resolution - In principle Support to enable applicant to undertake further project development and submission of external funding applications.

· June 2023: Community Project Proposal - Roof restoration of existing pavilion.

Resolution - In principal Support to enable applicant to undertake further project development and submission of external funding applications.

The Eden Tigers Rugby League Club and the Council successfully secured funding from two sources. On 23 March 2024, the Council finalised the funding agreement with the Commonwealth of Australia, Department of Infrastructure, Transport, Regional Development, Communications, and the Arts for the Eden Tigers RLFC Female Changeroom Facilities, amounting to $250,000, with the Eden Tigers Rugby League Club contributing $5,000.

The objective of this grant is to renovate the existing ageing and non-compliant traditional changerooms into contemporary, female-friendly facilities at the George Brown Oval Pavilion. This agreement is valid until December 2026.

Additional funding was obtained on 19 November 2024 through the New South Wales Government Office of Responsible Gambling Club Grants Category 3 Infrastructure Grant Program. The Upgrade of the George Brown Oval Changeroom Facilities, received $200,000, which will be matched by the Bega Valley Shire Council for an additional $200,000. This agreement is valid until November 2026.

Following multiple consultations with the Eden Tigers and the designer, a draft design was completed in March 2025 and submitted to BVSC staff.

The committee of the Eden Tigers Rugby League Club has endorsed the draft design. The design satisfies the agreed outcomes of the external funding agreements by upgrading changerooms that can function as separate male and female spaces through the use of adaptable doors, ensuring fit-for-purpose facilities that provide a safe and comfortable environment for female members of the club, match officials, and visiting teams.

Summary of Key Milestones:

· 23 March 2024: Finalisation of the funding deed with the Commonwealth of Australia for $250,000.

· 19 November 2024: Securing of additional funding from the New South Wales Government for $200,000.

· March 2025: Completion and submission of the draft design, endorsed by the Eden Tigers Rugby Club Committee.

Options

1. Accept the proposal and proceed to final design and construction. (preferred option)

2. Seek further options, this would require additional funding and is not the preferred option.

3. Do nothing and not progress with the project.

Community and Stakeholder Engagement

Engagement undertaken

Once funding was secured, a key stakeholder meeting was conducted on 4 September 2024 with the Eden Tigers Rugby League Club Committee President and Secretary to discuss concept plans completed by a local building designer on behalf of the committee. The outcome of this meeting was to engage the designer to provide a draft design that includes female-friendly changerooms, accessible and unisex amenities, and design options for an enclosed roof over the existing concrete roof.

On 30 October 2024, a further meeting was held with the Eden Tigers Committee, a structural engineer, and the architect to develop plans. A structural report was completed, providing direction for the architect, who completed the draft design in December 2024.

Summary of Key Consultation dates:

· 4 September 2024: Stakeholder meeting to discuss concept plans and engage the building designer to finalise the draft design.

· 30 October 2024: Stakeholder meeting with the Eden Tigers Committee, structural engineer, and building designer to develop plans.

· December 2024: Completion of the draft design by the building designer.

Engagement planned

Once final design is complete and endorsed by Council a stakeholder meeting will be conducted to inform Eden Tigers Rugby League Club Committee and members of the final design and provide timeframes for procurement, construction and project completion. The Eden Tigers will continue to be engaged as the design progress and through construction.

Funding partners will be kept informed as per the milestones and reporting requirements of the funding deeds.

Financial and Resource Considerations

Item	$ Excl GST
Expenditure Detail
Design Fees	$35,000
George Brown Pavilion Project Delivery Estimate	$620,000
Total Expenditure	$655,000
Source of Funds
IiOCO113 Federal Government Eden Tigers RLFC Female Changeroom Facilities	$250,000
NSW Government Office of Responsible Gambling	$200,000
BVSC Contribution	$200,000
Eden Tigers Rugby League Contribution	$5,000
Total income available	$655,000
Total Project Capital Cost	$655,000
Project Funding Shortfall	Nil

Financial Option Impacts | Life Cycle Costing

Ongoing Financial Impacts	$ Excl GST
Capital Investment -Renewal and upgrade	$620,000
Annual maintenance and operational costs	$2,500
Depreciation costs. Project break down. Fit out 75%. Structure 25%	$18,083 p.a.
User charges (annual income)	$2,225

Legal /Policy

The upgrade is Exempt Development under NSW Legislation SEPP Division 12 Parks and other public reserves 2.73 Development permitted without consent (3) (vi) amenities for people using the reserve, including toilets and change rooms.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

Community Strategic Plan

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

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

2024/25 Operational Plan: D5.4.5 Progress with and deliver projects for Sports Infrastructure-George Brown Oval Female Friendly Facilities.

Environment and Climate Change

The site and building have been used as a recreation facility for many years. A Review of Environmental Factors has been completed and submitted to planning department for review.

As a part of the renovations the building will receive upgrades to plumbing infrastructure, showers and internal lighting. It is expected this will have a positive impact on the demand placed on both the electricity and water and sewer networks.

Economic

Upgrading the female-friendly changerooms and improving the roof structure at the George Brown Pavilion will provide several economic benefits:

· Increased Participation and Revenue: Modern facilities will attract more users, boosting membership and event bookings.

· Reduced Maintenance Costs: A durable roof will lower long-term maintenance expenses and further water damage to the facility.

· Improved Energy Efficiency: Better insulation will reduce energy consumption and utility costs.

· Long-Term Financial Stability: Upgrades will extend the facility's lifespan, ensuring continuous use and expanding the user base to all genders.

· Community and Social Benefits: Modern amenities will foster inclusivity and attract additional funding opportunities.

Risk

· Reputational: Key stakeholder engagement has happened since project conception and will continue through design and construction.

· Timeline: The timeframes in the funding deeds is comfortable. Design endorsement by Council will see the timeframes remain on track.

· Financial: Cost estimates for works have been received. Costs will be confirmed at the completion of procurement activities. If needed, there can be options to prioritise and rescope works.

Social / Cultural

The upgrade of the George Brown Oval Pavilion will provide a safe and inviting space for all users of the local community. With female participation rates on the rise within Rugby League and touch football clubs the improvements will provide a welcoming and inclusive facility for Eden Tigers RLFC but also visiting clubs from the south coast.

Attachments

1 ⇩. George Brown proposed pavillion upgrades 25 March 2025

Council 16 April 2025

Item 9.8

9.8. Request For Tender (RFT) 2425-042 - Merimbula Skate Park Construction

This report details the outcome of evaluation of Tender 2425-042 for the construction of the Merimbula Skate Park within the Merimbula Ford Park Recreational Precinct. It also seeks endorsement from Council for the preferred tender submission.

Director Assets and Operations

Officer’s Recommendation

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

2. That Council accept the tender from <XXXX> in relation to contract for the works described in Tender RFT 2425-042, in the amount of <XXXX> (excluding GST), subject to variations, provisional sums and prime cost items.

3. That authority be delegated to the Chief Executive Officer to execute all necessary documentation and approve and manage contract variations under financial delegations in accordance with the contract.

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

Executive Summary

This report details the outcome of evaluation of Tender 2425-042 for the construction of the Merimbula Skate Park within the Merimbula Ford Park Recreational Precinct.

A total of 5 submissions were received and assessed by a three-person Tender Evaluation Panel (TEP), utilising criteria from the agreed Tender Evaluation Plan. Each submission was individually scored by the panel members and then combined to determine the highest scoring submission.

Background

The project to upgrade the Merimbula Skate Park began in 2019 when Sapphire Coast Skate Association was formed and began assessment of sites which could be suitable for a new location in Merimbula.

On 28 October 2020 and 16 June 2021, information and proposals were reported to Council. On 22 March 2023, after Council received an invitation to apply for funding under the Federal Government’s Investing In Our Communities Program, Council endorsed Ford Park as the preferred location for the project.

A funding application was submitted, and in June 2023, the Sapphire Coast Skate Association engaged a specialist skate park designer (Baseplate) to prepare the designs including concept plans and full detailed designs.

The concept design with an overview of project development and community consultation was reported to Council on 14 August 2024. Council endorsed the concept design and gave direction to progress to detailed design for procurement and construction.

The final design was agreed late 2024 and the tender for the construction was released on 13 November 2024 and closed 12 February 2025.

Five specialist skate park construction companies based in multiple states (Victoria, NSW & Queensland) provided submissions.

Using the scoring criteria spreadsheet from the Tender Evaluation Plan, the panel undertook individual scoring assessments.

The panel consisted of the following members:

· Chair – Asset & Operations, Project Manager

· Panel Member – Recreation and Natural Assets, Coordinator

· Independent panel member – Project Services, Project Officer

On 27 February 2025 the panel reconvened to determine the highest scoring submission based upon the average total of each of the individual scores.

Options

1. Council endorses the findings of the Tender Evaluation Panel and enter a contract with the preferred Tenderer. This is the preferred option.

2. Council does not endorse the findings of the Tender Evaluation Panel and Council is required to retender; this will impact the project delivery time and potentially the project budget due to escalation. This is not the preferred option.

Community and Stakeholder Engagement

Engagement undertaken

The Merimbula Skate Park consultation has now been ongoing for 6 years involving community meetings, meetings with community organisations, wider Bega Valley Shire Community through online surveys, direct neighbour notifications and reports to Council.

Council engaged with the local & broader community to gather feedback on a preferred location for a skate park for Merimbula and also what skill level it should be suited to.

Direct neighbour notifications and consultation occurred as the concept plan developed. The Council report of 14 August 2024 gives an overview of the project consultation.

Engagement planned

While no further direct engagement is planned regarding the construction of the skate park, Council will continue to regularly keep stakeholder groups informed of key progress points. The broader community will be kept informed a project sign to be installed on site and via updates on Council’s website.

Financial and Resource Considerations

The Council resolution that considered acceptance of the Investing In Our Communities Program included: a. It be noted Council will not contribute any funds toward the project. A funding shortfall risk had been identified in previous Council reports. An additional funding application was made by the Sapphire Coast Skate Association to the NSW Club Grants program, however that was unsuccessful. The project budget below includes a $60,000 BVSC contribution to enable the project to proceed. This contribution reflects a modest contribution to the renewal of an existing asset (Berrambool Skate Park).

Item	$ Excl GST
Expenditure Detail
Construction of Skate Park	Refer to confidential memo
Design & Other Costs	$ 36,587
BVSC Project Management Fees	$ 30,500
Project Contingency	Refer to confidential memo
Demolition of the Existing Berrambool Skate Park	$ 34,541
Total Expenditure	$ Refer to confidential memo

Source of Funds
Investing in Our Community Grant IIOC0172	$ 500,000
Sapphire Coast Skate Association Donation	$ 30,500
General Recreation Facilities Reserve Funds	$60,000
Total income available	$590,500

Total Project Capital Cost	$ Refer to confidential memo
Total Available Construction Funding	$590,500
Project Funding Shortfall	*$TBC*

Financial Option Impacts | Life Cycle Costing

Ongoing Financial Impacts	$ Excl GST
Capital Investment \| Renewal, Upgrade, New	Refer to confidential memo
Annual maintenance and operational costs	$750
Depreciation costs	Refer to confidential memo
User charges (annual income)	Not applicable

Legal /Policy

The Merimbula Skate Park sits within the Merimbula Ford Park Recreation precinct on a Council managed Crown site (lot 7006 DP 1020051). It is BVSC Managed Crown Reserve # 77269 - Ford Park.

The area is zoned RE1 Public Recreation under Council’s Local Environmental 2013 (CLEP 2013).

The process for addressing requirements under the Crown Lands Management Act 2016 have been finalised with Council and there are no constraints for the development of a skate park on this parcel of land (lot 7006, DP1020051).

Planning approvals regarding development of recreational facilities are often addressed under Division 12, Parks, and other Public Reserves of State Environmental Planning Policy (Transport & Infrastructure) 2021.The construction of the skate park is regarded as exempt development under TISEPP 2021.There is no proposed change to the use and purpose of the site. It is envisaged that these will not cause a risk to the delivery of the project.

A Review of Environmental Factors (REF) has been completed for the project. The REF and related safeguards were included into the RFT 2425-042 Tender Scope of Works and documents for their Tendering reference and will be managed through construction.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

The Merimbula Skate Park project is aligned with the following Operational Plans.

The 2024/25 Operational Plan.

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

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

Environment and Climate Change

Late October 2024 BVSC Planning confirmed that the REF scope of works satisfies the provisions under Clause 2.73 (3)(a) of State Environmental Planning Policy (Transport and Infrastructure) 2021 and is permitted without consent and as such, constitute an activity as defined by Part 5 of the Environmental Planning and Assessment Act 1979 (EP&A Act 1979)

BVSC Planning also confirmed the REF environmental safeguards and mitigation measures being in place, where sufficient and that a more detailed environmental impact assessment is required under Part 5 of the EP&A Act 1979 was not required.

In total there are sixteen safeguards and mitigation measures to be implemented, fourteen are generic construction activities, one for unexpected Aboriginal Heritage and one for unexpected heritage. The REF and these safeguards were included into the RFT 2425-042 Tender Scope of Works and documents for their Tendering reference.

Asset Management

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

Economic

The Merimbula Skate Park is expected to be highly utilised by the local community and visitors to the Bega region. In turn this can result in additional economic and community benefits.

The project links directly to the ‘accessible and inclusive tourism market in terms of use and spectating and is also expected to significantly benefit the current sporting clubs and community groups that use the Ford Park Recreation Precinct.

Risk

The key risk to the project is that if the project is to move ahead on the external funding only (without the $60,000 BVSC contribution). The resulting time delays in reviewing scope and amending plans and documentation will see consultant redesign and escalation costs resulting in very little financial advantage to the project, with a poorer outcome delivered.

Social / Cultural

The existing skate park at Berrambool Sporting Complex, Merimbula is no longer at a satisfactory standard to meet community expectations. It is in disrepair, fails to drain following rainfall events and does not cater for the needs of skate and scooter riders of all levels of experience. It is clearly due for renewal.

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

Attachments

1 . RFT 2425-042 Confidential Memorandum to Councillors (Confidential - As this attachment contains information that would, if disclosed, prejudice the maintenance of law as per Section 10A(2)(e) of the Local Government Act 1993.

Council 16 April 2025

Item 9.9

9.9. Request for Tender (RFT) 2425-038 Tathra Public Amenities Building Alterations and Additions

This report details the outcome of evaluation of RFT 2425-038 Building Alterations and Additions to Tathra Public Amenities (Taylors Square) and seeks endorsement from Council to accept the preferred tender.

Director Assets and Operations

Officer’s Recommendation

1. That Council receive and accept the recommendations as outlined in the confidential memo.

2. That Council accept the tender from <XXXX> in relation to contract for the works described in Tender RFT 2425-038, in the amount of <XXXX> (excluding GST) subject to variations, provisional sums and prime cost items.

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

4. That contract and project variations be managed under financial delegations up to the available project budget.

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

Executive Summary

This report details the outcome of evaluation of Tender RFT 2425-038 Tathra Amenities - Building Alterations and Additions, at the existing Taylors Square amenities building, Tathra.

Two submissions were received and assessed by a three-person Tender Evaluation Panel (TEP), utilising criteria from the agreed Tender Evaluation Plan. Each submission was individually scored by the panel members and then combined to determine the highest scoring submission.

Background

The project was advocated for by Council’s Access and Inclusion Advisory Committee (AIAC) after identifying there was a clear gap in provision for this type of facility in the shire.

Discussions within the AIAC included what type of site was best suited for this type of facility. Consideration was given to surrounding accessible facilities and recreation opportunities, other amenities and activities nearby, generally high levels of use and popularity of the area, existing high service levels and high levels of passive surveillance. Considering these items, it was identified that Taylors Square in Tathra aligned best, particularly due to the relationship with the Everyone Can Play inclusive play space, Tathra Surf Club, beach access, high site usage, proximity to the Andy Poole Drive shops and the ageing condition of the existing amenities.

A Project Advisory Group (PAG) was formed, and consultation was undertaken to develop a final concept design. The PAG comprised of representatives of community organisations with an interest in the area including: Tathra Surf Club, Tathra Chamber of Commerce, Tathra Lions Club and the BVSC AIAC.

The final design was reviewed and approved by the PAG late August 2024 and the tender for the construction was released on 13 November 2024 and closed 12 February 2025.

Two construction companies provided submissions, one company from Canberra and one company from Bega.

Using the scoring criteria spreadsheet from the Tender Evaluation Plan, the panel undertook individual scoring assessments to determine the highest scoring submission based upon the average total of each of the individual scores.

Options

1. Council endorses the findings of the Tender Evaluation Panel and enters a contract with the preferred Tenderer. This is the preferred option.

3. Council decides not to progress with the project. This is not a preferred option.

Community and Stakeholder Engagement

Engagement undertaken

A Project advisory group was formed in 2021 to develop and discuss the project. The outcomes of those meetings and a concept design for the project was endorsed by Council on 16 June 2021. The endorsed Concept Plan was distributed, and a project page was posted on the BVSC webpage.

The project stalled pending the availability of project management resources. It gained momentum again in 2024 with design development progressing with the PAG being informed of progress.

Concept design progress and engagement with the Changing Places Certifiers to ensure the Changing Places Room, accessible rooms and ambulant toilets were documented and planned in accordance with the Changing Places Technical Specifications to achieve their National Certification.

The final design was reviewed and approved by the PAG and Changing Places Certifiers late August 2024 which allowed the tender for the construction to progress in November 2024.

Engagement planned

While no further direct engagement is planned regarding the construction process, Council will continue to regularly keep stakeholder groups informed. The broader community will be kept informed via updates on Council website.

Financial and Resource Considerations

Item	$ Excl GST
Expenditure Detail
Construction Cost of Tathra Amenities Building	Refer to confidential memo
Design and Other Costs	$ 63,484.74
BVSC Project Management Costs	$ 31,250.00
Project Contingency	Refer to confidential memo
Total Expenditure	$ Refer to confidential memo

Source of Funds
Grant- Stronger Country Communities Fund (SCCF)5	$600,000
BVSC Public Amenities Renewals	$40,000
Total income available	$640,000

Total Project Capital Cost	$Refer to confidential memo
Total Available Project Funding	$640,000
Project Funding Surplus

Financial Option Impacts | Life Cycle Costing

Ongoing Financial Impacts	$ Excl GST
Capital Investment \| Renewal, Upgrade, New	Refer to confidential memo
Annual maintenance and operational costs	$25,000
Depreciation costs. Structure 60yr asset life. Fit-out 30 yr asset life.	$tbc
User charges (annual income)	N/A

Legal /Policy

The Tathra Amenities Building sits within the Tathra Taylors Square Recreation precinct on a Council managed Crown site (lot 272 DP 821413).

The area is zoned RE1 Public Recreation under Council’s Local Environmental 2013 (CLEP 2013).

The process for addressing requirements under the Crown Lands Management Act 2016 have been finalised and there are no constraints for the development of an Amenities Building on this parcel of land (lot 272 DP 821413).

Planning approvals regarding development of recreational facilities are often addressed under Division 12, Parks, and other Public Reserves of State Environmental Planning Policy (Transport & Infrastructure) 2021.The construction of the Amenities Building is regarded as exempt development under TISEPP 2021. There is no proposed change to the use and purpose of the site. It is envisaged that these will not cause a risk to the delivery of the project.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

The Tathra Amenities Building project is aligned with the following Operational Plan.

The 2024/25 Operational Plan.

· Delivery Program: D5.4.6 – Progress with the and deliver projects for – Parks infrastructure-Tathra Taylors Square high needs amenities building….

Environment and Climate Change

An Environmental Consultant was engaged by BVSC to investigate and provide a Review of Environmental Factors (REF) report for the purpose of assessing the potential environmental impacts associated with Tathra Amenities Building Project. This report was completed in March 2024 and then submitted BVSC Planning team for determination. In June 2024 BVSC Planning confirmed that the REF scope of works satisfies the provisions under Clause 2.73 (3)(a) of State Environmental Planning Policy (Transport and Infrastructure)2021 and is permitted without consent and as such, constitute an activity as defined by Part 5 of the Environmental Planning and Assessment Act 1979 (EP&A Act 1979)

BVSC Planning also confirmed the REF environmental safeguards and mitigation measures being in place, are sufficient and that a more detailed environmental impact assessment was not required.

In total there are six safeguards and mitigation measures to be implemented, all six are generic construction activities. The REF and these safeguards were included into the RFT 2425-032 Tender Scope of Works and documents for tendering reference.

Economic

The Tathra Amenities Building links directly to the accessible and inclusive tourism market in terms of use and spectating. The project, including the Changing Places room, is expected to be highly utilised by the local community and visitors to the Bega region. In turn this will result in additional economic and welfare benefits to the community.

The Changing Places room will also be updated onto the National Changing Places map and be the first of this kind located in the Bega Valley Shire Council. This will allow those with special needs the ability to travel and make the Bega Valley a key destination for their recreation and relaxation.

Risk

The key risks to the project are any unforeseen construction issues that are encountered when working on an existing building hence the need to retain a healthy contingency in the budget.

Social / Cultural

There is no doubt that recreation is an important part of life in regional areas. It provides opportunities for health and wellbeing and also much enjoyed social interaction for many in the community.

With the upgrade to the play space completed in 2019, providing suitable public amenities is an important next step in provision of inclusive facilities. The renewed and upgraded facilities will provide a vastly improved amenity for the local community and visitors and hence provide for increased participation in recreational activities in the area, particularly for those that require specialised high needs accessible facilities.

Attachments

1. CONFIDENTIAL MEMO RFT 2425-038 Tathra High Needs Amenities (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 16 April 2025

Item 9.10

9.10. Request for Tender (RFT) 2425-026 Big Jack Mountain Road Disaster Recovery Funding Arrangements (DRFA) Retaining Structure

This report outlines the evaluation of the Request for Tender (RFT) 2425-026 Big Jack Mountain Road Disaster Recovery Funding Arrangement (DRFA) Retaining Structure 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 memo.

2. That Council accept the tender from <xxxx> in relation to contract for the works described in Tender RFT 2425-026, in the amount of <xxxx> (excluding 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 variations up to the available allocated budget.

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

Executive Summary

Big Jack Mountain 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 55-metre-long by 3-meter-high concrete block wall to stabilise this embankment. The repair work is to be funded under the DRFA to mitigate the risk of further damages to the 55-metre stretch of Big Jack Mountain Road 2.5km from the intersection with Wyndham Street, Burragate.

Background

This damage was first raised by the Disaster Recovery team on 28 October 2021 when it was observed that a 25-meter-long landslip had occurred because of the May 2021 flood event. A project was scoped to repair this landslide but before construction could commence the site deteriorated further. On 14 July 2023 it was observed that a further 30m of the embankment adjoining the previous damage had slid. The landslip was approximately 55m long and removed most of the road shoulder on the lower embankment side. A concrete block wall 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 (55m x 3m) to the approved engineering drawing and include:

o Upslope treatments

o Lower embankment treatment

The request for tender was issued on 5 November 2024. A site briefing was held on 19 November 2024 onsite, with two vendors attending. At tender close on 27 November 2024, three submissions were received.

The tenders were evaluated according to price (30%) and non-price (70%) criteria. While price was still the highest weighted criteria, the nature of a design and construction contract, as well as the risks associated with the unknown site conditions, led to the proposed methodology, demonstrated experience, and program information to being higher weighted non-price 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 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

A community consultation session will be arranged shortly after contract award to notify the community of the proposed timing and impact of the upcoming work as well as why it is important that the work is completed in a timely manner. We will also gather feedback on ways we can minimise the impact on the community. Following on from the community consultation session, a media release will be issued from the Council’s communications team notifying the community of the final timing and impact of the works. Letterbox drops and consultation with local business as well as the emergency services will also be carried out at this time.

Financial and Resource Considerations

Item	$ Excl GST
Expenditure Detail
Big Jack Mountain Road DRFA Retaining Structure	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	$785,760
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

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

Economic

Completion of this project will improve the safety and durability of Big Jack Mountain Road and will reduce Council’s ongoing maintenance costs. This project will also reduce the likelihood of future landslips and subsequent road closures on Big Jack Mountain 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 31 March 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. CONFIDENTIAL MEMO RFT 2425-026 Big Jack Mountain Road (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 16 April 2025

Item 9.11

9.11. Request for Tender (RFT) 2425-010 Bemboka Reservoir Replacement

This report details the outcomes of negotiations of Tender RFT 2425-010 for Bemboka Reservoir Renewal.

Director Assets and Operations

Officer’s Recommendation

1. That Council accepts the recommendations as outlined in the attached confidential memo.

2. The Council ceases negotiations with the preferred tenderer and terminates activities under RFT 2425-010.

3. That Council directly engages the preferred tank supplier, for supply and install of the new tank.

4. That authority is delegated to the Chief Executive Officer to execute the exemption documentation for the purchase of the tank from the preferred tank supplier.

Executive Summary

The Bemboka Reservoir Renewal tender process did not yield a viable or cost-effective solution. On 27 November 2024 Council resolved to reject all tenders and enter negotiations with the preferred tenderer, with the intention to award a contract subject to variations and provisional sums.

Negotiations commenced with the preferred supplier on 14 January 2025, with Council requesting revised pricing and methodology for alternative tank options. Despite continued negotiations, cost savings were not achieved. Council’s preferred tank type, a Fusion Bonded Epoxy (FBE) tank, is significantly more affordable when procured directly from the supplier.

To secure a high-quality, cost-effective, and immediate solution, it is recommended that Council rejects all tenders under Clause 178 of the Local Government (General) Regulation 2021 and directly engages the preferred tank supplier, which would reduce total project costs by at least 30%.

Background

On 27 November 2024 Council resolved to:

161/24

RESOLVED on the motion of Crs Allen and Nadin

1. That Council accepts the recommendations outlined in the attached Confidential Memo.

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

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

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

The Bemboka Reservoir Renewal tender process allowed for various tank construction types, and after negotiations with the preferred tenderer, FBE tank was selected as the optimal option due to its superior corrosion resistance, durability, impact resistance, and on-site repair capability. While the FBE tank may experience gradual colour fading, this is primarily aesthetic and can be mitigated by a community mural, unlike the Glass Fused to Steel (GFS) tank which cannot be painted.

With the intention to achieve significant cost savings, the project team explored the possibility of engaging directly with the tank supplier and having internal Council staff deliver the project. Discussions with the tank supplier has been productive and a mutually beneficial contract has been prepared using AS 4910-2002 for the supply of equipment with installation. Owner/Principal Arranged Insurance with Statewide Mutual would be obtained to protect Council from potential liabilities.

Options

Staff have considered several options which are presented below:

1. Engage the preferred tank supplier directly to design, supply, and install the Fusion Bonded Epoxy (FBE) tank (Recommended).

This option allows for significant cost savings. Additionally, the preferred tenderer proposed using third-party installation, increasing the risk of defects and complicating contractual liability provisions. The tank supplier will also install the new tank which offers a more reliable solution. Given the specialised nature of the installation, direct engagement with the supplier will ensure quality and long-term asset performance.

2. Finalise negotiations with preferred tenderer and enter contract with them to install the Fusion Bonded Epoxy (FBE) tank (Not Recommended).

This option would result in delays due to ongoing negotiations and higher overall costs, with no added benefit in terms of quality or efficiency.

3. Finalise negotiations with the preferred tenderer and enter contract with them to install the Glass Fused Steel GFS tank (Not Recommended).

This option would result in delays due to ongoing negotiations and significantly higher overall costs, with no added benefit in terms of quality or efficiency.

Community and Stakeholder Engagement

Engagement undertaken

Council has previously engaged with the community in relation to the proposal to construct a new reservoir. Nearby residents were informed via letter drop that Council was inviting tenders for the construction of a new reservoir. The letter also included information on why this project is necessary and when works are expected to start. There have been no negative responses or feedback received by Council. Notification of the tender was also included in the BVSC Business newsletter dated 30 August 2024.

Engagement planned

Once the tender has been awarded, a second round of communication will be issued via letter drop to all residents informing them of the result of the tender and project information such as type of tank, timeframes, and any potential disruptions expected. This information will also be made available via a project page on Council’s website and media posts, along with updates as the project reaches important milestones. Additionally, residents will be contacted via letter drop prior to any disruptive activities once the specific dates are known.

Financial and Resource Considerations

Item	$ Excl GST
Expenditure Detail
Contract Price	Refer to confidential memo
Provisional Sum	Refer to confidential memo
Contingency	Refer to confidential memo
Total possible contract cost

Source of Funds
Allocated project budget [WO9151]	$614,000.00
Redirected funds [WO7795]	$1,196,050.00
Total income available	$1,810,050.00
Project Funding Shortfall	Nil

Financial Option Impacts | Life Cycle Costing

Ongoing Financial Impacts	$ Excl GST
Capital Investment \| Renewal	Refer to confidential memo
Depreciation costs	The new asset will be depreciated over 50 Years

Legal /Policy

The tender process complied 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

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

DP C.1.1 Operate a contemporary local water utility that enables sustainable development, supports social wellbeing and protects the environment.

OP C.1.1.2 Operate and maintain water supply and sewage network systems to meet health and environmental regulatory requirements and level of service objectives.

Environment and Climate Change

A formal Review of Environmental Factors (REF) has been completed with measures identified to protect the environmental values of the area during construction. In addition, the proposed new reservoir will:

· Improve water storage efficiency and operations by minimising water loss currently occurring by leaks in the current tank.

· Enhance long term resilience to climate change by providing a reliable water supply during dry spells or bushfires, reducing our vulnerability.

Economic

The proposed approach of direct engagement will have significant cost savings compared to proceeding with the preferred tenderer.

The proposal will have an immediate economic benefit during construction. The project requires various trades, and Council will engage with local suppliers and subcontractors. This will promote jobs in the area as well as exposing local people to specialist skills, technologies and experience in the water treatment industry.

Risk

The current tank is failing and poses a high risk to operation. While attempts have been made to repair the tank, it is now necessary to construct a replacement. This project will mitigate the high risk of tank failure which poses significant operational risks.

Social / Cultural

The proposed new reservoir will have positive social impacts through improvement to the security of the Bemboka water supply and visible improvements to our infrastructure. Cultural heritage matters have been assessed as part of the REF process.

Attachments

1. Confidential Memorandum 2425-010 Bemboka Reservoir (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 16 April 2025

Item 9.12

9.12. Request for Tender (RFT) 2425-048 Stormwater Relining, Maintenance and CCTV Inspection Services

This report outlines the evaluation of the Request for Tender (RFT) 2425-048 Stormwater Relining, Maintenance and CCTV Inspection Services and recommends awarding contract to the preferred tenderer.

Director Assets and Operations

Officer’s Recommendation

1. That Council accepts the recommendations outlined in the attached confidential memo.

2. That Council accepts the tender from <XXX> in relation to the contract for the works described in Tender RFT 2425-048 stormwater relining, maintenance and CCTV inspection services for the amount of $ XXX (excluding GST), subject to variations, provisional sums and prime cost items.

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

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

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

Executive Summary

This tender seeks a qualified commercial entity to provide stormwater relining, and CCTV inspection services for stormwater assets in the Bega Valley Shire.

The aim is to rehabilitate stormwater drains by inserting an internal lining system to restore structural integrity with minimal excavation. The normal practise would be to exhume the insitu pipe and replace completely which in many cases is cost prohibitive and causes damage to surrounding infrastructure.

This service includes inspecting stormwater drainage assets, relining, verifying existing data, collecting additional data, assessing conditions, and providing condition assessment reports for sections of the Council’s stormwater network.

Background

On 14 August 2024, the Council endorsed the 2024/25 annual CCTV inspection program, scheduled for completion by April 2025. This tender supports the multiyear stormwater relining program for 2024/25 and future initiatives as per the capital delivery program. The contract requires all 2024/25 works to be finalized by 30 June 2025, with an option to extend for up to three additional 12-month periods. The initial contract term is a fixed lump sum, with subsequent work based on an agreed schedule of rates. Extensions will depend on the Contractor’s performance and compliance, with annual decisions and potential rate adjustments mutually agreed upon.

Stormwater CCTV inspection and relining are essential for enhancing asset knowledge, verifying mapping data, and planning future maintenance and renewal programs. Relining helps prevent pavement sinkholes, avoiding costly repairs. Defects in stormwater pipes, especially under residential properties, make traditional excavation impractical. Relining minimizes disruption to residents and maintains channel functionality.

Traditional excavation methods can cause significant community inconvenience due to extended durations. Bega Valley Shire Council inspects 5% of its 125 km urban stormwater network annually, using traditional tractor-mounted CCTV to gather condition information for asset management.

Options

1. Accept the recommended tender as outlined in the confidential attachment.

This is the preferred option.

2. Reject all tenders and re-advertise the project in the market.

This is not a recommended option due to timing impacts to deliver the 2024-25 relining program and future 2025-26 program.

Community and Stakeholder Engagement

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

Engagement undertaken

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

Engagement planned

In accordance with Bega Valley Shire Council’s community engagement toolkit, this project is classified as low complexity with an Inform level of engagement. Bega Valley Shire Council staff will utilise a combination of existing online and offline communication tools through the media team to provide pertinent community updates regarding any minor disruptions (if applicable) prior to the commencement of activities.

Financial and Resource Considerations

The recommended tender is within the allocated budget for this program and deemed to contain sufficient program contingency. Further financial detail is included in the confidential attachment to this report.

Annual depreciation costs are determined based on financial accounting standards that account for modern engineering replacements, usually involving concrete stormwater pipes. These pipes are typically used for their long-lasting nature, which affects how annual depreciation is calculated. The costs are derived from Gross Replacement Cost unit rates, which are based on the traditional excavate and replacement method. The annual depreciation costs are adjusted proportionally for the treated section of the network.

Relining techniques can be more cost-effective than traditional excavation and replacement, but not always. They help stormwater pipes achieve their useful life while minimizing impacts on roads and private property. This technique is often the only option for managing stormwater assets on private property.

Legal /Policy

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

The tender process conducted for RFT 2425-048 was undertaken in accordance with Section 55 of the Local Government Act 1993, and part 7 of the Local Government (General) Regulation 2021.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

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

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

Aligned Delivery Program 2022-25 actions are:

D1. 1 Plan for asset capital works

D1.3 Develop maintenance programs for infrastructure assets

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

Environment and Climate Change

The Contractor must perform Services in an environmentally responsible way and create a specific environmental management plan for this Contract.

CCTV inspections of stormwater systems help detect issues early, preventing water pollution and preserving ecosystems. Clean water bodies improve recreation and quality of life.

Proactive maintenance extends infrastructure lifespan, reducing costly emergency repairs and enhancing community resilience and sustainability.

Economic

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

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

Risk

Risk of failure is a major concern for the shires stormwater network which spans major population centres, draining into coastal lakes, rivers, and creeks. It has sections dating back to the late 1950s and inspections have found even older brick pipes.

Without proper maintenance, the risk of catastrophic failure increases, which can damage roads and properties. When failures occur, recommended relining repairs are no longer suitable, requiring traditional pipe exhumation. This method disrupts residents and significantly raises repair costs.

Social / Cultural

Identifying and fixing blockages, leaks, or structural damage in stormwater systems can enhance public health, safety, and community wellbeing. It also helps prevent flooding and water contamination, reducing health risks from stagnant water and pollutants.

Attachments

1. Confidential memo RFT 2425-048 Stormwater relining maintenance and CCTV inspection services (Confidential - As this attachment contains information that would, if disclosed, prejudice the maintenance of law as per Section 10A(2)(e) of the Local Government Act 1993.

Council 16 April 2025

Item 9.13

9.13. Request for Tender (RFT) 2425-049 Road Stabilisation and Sealing Works

This report outlines the evaluation of the Request for Tender (RFT) 2425-049 – Road Stabilisation and Sealing Works and recommends awarding contract to the preferred tenderer.

Director Assets and Operations

Officer’s Recommendation

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

2. That Council accepts the tender from <XXX> in relation to the contract for the works described in Tender REFT 2425-049, for the lump sum amount of <XXX> (excluding GST), subject to variations, provisional items and prime cost items.

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

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

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

Executive Summary

This tender seeks qualified commercial entity to carry out rehabilitation of road pavement at 4 select sites across the Bega Valley Shire and includes pavement rehabilitation by in-situ stabilisation and bitumen sealing.

This contract may be extended for up to three (3) additional 12-month periods. In accordance with the schedule of rates provided by the contractor in their tender submission.

Background

Council invited tenders from suitably qualified contractors for Road Stabilisation and Sealing Works across the Bega Valley Shire. The initial contract is to commence in 2025 and all the works under the provided scope are to be completed by 30 June 2025, and to establish a three-year term schedule of rates contract. Tenders were advertised in Bega Valley Shire Council (BVSC) VendorPanel system on 10 December 2024. At the close of the tender period at 12.00pm on 24 January 2025, fourteen submissions were received.

The tender submissions were evaluated according to price (40%) and non-price (60%) 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. Accept the recommended tender as outlined in the confidential attachment. This is the preferred option.

2. Reject all tenders and re-advertise the project in the market. This is not a recommended option due to timing impacts to deliver the 2024-25 pavement stabilisation program and future 2025-26 program.

3. Reject all tenders and negotiate with any person (whether or not the person was a tenderer) with a view to entering into a contract in relation to the subject matter of the tender. This is also not the preferred option due to timing impacts to deliver this year’s relevant sealing program during the 2024-25 and 2025-26 spring/summer season and relevant project dependencies for co-ordination of associated activities.

Community and Stakeholder Engagement

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

Engagement undertaken

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

Engagement planned

Internal engagement will be undertaken internally with other stakeholders within the Asset and Operations Directorate through various communication channels, and collaboration meetings with key stakeholders.

The community will be notified via a media release for the specific sites from the Council’s communications team after 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.

Financial and Resource Considerations

The financial resourcing considerations are outlined within the confidential memo attachment.

Item	$ Excl GST
Expenditure Detail
RFT 2425-049	Refer confidential memo
Total Expenditure	Refer confidential memo

Source of Funds
Refer confidential memo	Refer confidential memo
Refer confidential memo	Refer confidential memo
Refer confidential memo	Refer confidential memo
Total income available	Refer confidential memo

Total Project Capital Cost	Refer confidential memo
Total Available Construction Funding	Refer confidential memo
Project Funding Shortfall	Refer confidential memo

Financial Option Impacts | Life Cycle Costing

Ongoing Financial Impacts	$ Excl GST
Capital Investment \| Renewal	Refer confidential memo
Depreciation costs	Refer confidential memo

Legal /Policy

The tender process conducted for RFT 2425-049 was undertaken in accordance with Section 55 of the Local Government Act 1993, part 7 of the Local Government (General) Regulations 2021 and Section 171 of the Local Government Regulations. Australian Standard AS4920-2003 General conditions of contract for the provision of asset maintenance and services (Principal’s version) applies to this Contract.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

This program strategically aligns with Bega Valley Shire Council’s Community Strategic Plan objectives:

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

Aligned Delivery Program 2022-25 actions are:

D1. 1 Plan for asset capital works

D1.3 Develop maintenance programs for infrastructure assets

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

Environment and Climate Change

Delivery of the stabilisation program will support environmental and climate change goals by reducing the carbon footprint through extending the lifespan of existing roads, minimising the need for resource-intensive reconstruction and frequent maintenance that generate higher carbon emissions and by preventing water ingress from storm and flood events by sealing cracks, protecting the underlying pavement layer, and reducing costly maintenance and repair efforts.

Economic

Delivery of the stabilisation program extends the lifespan of existing road infrastructure, deferring the need for costly full reconstruction.

Similarly, the sealing program reduces the frequency and severity of future maintenance, preserving the underlying pavement layer and lowering long-term road upkeep costs.

Risk

Delivery of the Stabilisation program will achieve the following risk improvements:

· Reduction of accident risk from improved surface texture and skid resistance that enhances vehicle traction and reduces the likelihood of accidents.

· Protects the road surface from environmental factors such as UV radiation and oxidation, which can cause the asphalt and seals to become brittle and crack and decrease ride quality.

· Reduces the frequency and severity of maintenance needs, thereby minimising disruptions to traffic and associated risks.

Social / Cultural

The road stabilisation program enhances safety, accessibility, and connectivity while reducing maintenance disruptions.

It supports cultural preservation by protecting heritage routes and respecting Indigenous land. Additionally, it supports local economies and enhances community well-being.

Attachments

1. Confidential Memorandum RFT 2425-049 Road Stabilisation and Sealing Works (Confidential - As this attachment contains information that would, if disclosed, prejudice the maintenance of law as per Section 10A(2)(e) of the Local Government Act 1993.

Council 16 April 2025

Item 9.14

9.14. Request for Tender (RFT) 2425-060 Design Services for Cuttagee Bridge

This report outlines the evaluation outcome for Request for Tender 2425-060 Design Services for Cuttagee Bridge 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 <XXX> in relation to the contract described in Tender RFT 2425-060 Design Services for Cuttagee Bridge for $ XXX (excluding GST).

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

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

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

Executive Summary

This tender seeks to engage a suitably qualified and experienced consultant to provide design services to meet the conditions of the funding agreement between TfNSW and Council. Three concept options are to be developed by the designer, with two of the options including design elements sympathetic to the character of the existing bridge. The scope includes all required site investigations to enable the design development to ‘Issued for Construction’ (IFC) level of documentation which meet the requirements of AS5100 and Austroads.

Background

During the 2023 NSW State election period, a commitment was made to provide $15M for Cuttagee Bridge Repair and Restoration Works. This funding agreement between Transport for NSW (TfNSW) and the Bega Valley Shire Council in the delivery of the Cuttagee Bridge project is funded under the Regional Road Program administered by TfNSW.

The objective of the program and agreement is to deliver consistent, safe, high quality road infrastructure for the people of NSW. The focus of the project is asset renewal with the intent to reduce ongoing maintenance costs, improve road safety and accessibility and ensure a resilient and sustainable road network.

The funding agreement stipulates that three concept design options are to be developed. Two of the options are considered ‘hybrid’ and are to include design elements sympathetic to the character of the existing bridge including the use of decorative timber. Of these, there is a single lane and a two-lane ‘hybrid’ option. The third option is for a two-lane concrete bridge. All three options include provision of a shared pathway for pedestrians and cyclists.

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

1. Technical Investigations including survey, flood Assessment, coastal hazards assessment and utility investigation.

2. Concept design documentation including development of artistic impressions to facilitate further community engagement on the three concept options. A constructability assessment is also included in this phase to identify constructability challenges early and develop designs that can manage risks appropriately.

3. Preliminary cost estimate.

4. Detailed design and documentation including independent verification, a road safety audit and bridge demolition report.

5. Detailed cost estimate.

6. Construction contract documentation.

7. Procurement and construction support.

Options

That Council:

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

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

3. Accept an alternative submitted tender. This is not a preferred option.

Community and Stakeholder Engagement

The community engagement program ensures robust and meaningful consultation with the community and key stakeholders to guide decision making by both designers and Councillors, ensuring a productive working relationship with all interested and affected stakeholders.

Engagement undertaken

The Cuttagee Bridge Community Advisory Group was established in September 2021 through an open expression of interest. The group was comprised of 8 community members and was chaired by Council’s Director of Assets and Operations; Council also provided a secretariat. They met four times between November 2021 and February 2022, with their recommendations presented to Council in a report on 16 March 2022.

As outlined in that report, it was clear from the outset that a majority of members located in the Barragga Bay and Bermagui area held very strong views about the retention of the current structure on heritage grounds citing that, despite findings in the Heritage Assessment Report that it has limited technical heritage value, its intrinsic value to the local community was part of the aesthetic of the place and the feeling of past times that it evoked, allied with being part of a group of wooden bridges on the coastal tourism route.

More recently, a ‘Have your Say’ (HYS) survey has been prepared and is open to gather community feedback on various aspects of the bridge replacement project, including design, construction, and potential future road closures. This feedback will help the project team understand the community's needs and concerns, ensuring that the new bridge meets the needs and expectations of the residents and users now and into the future. The HYS survey closes 30th April 2025.

The survey responses will be used by the bridge design consultant in their development of the three concept design options. Once the concept design options are developed, the three options will be presented to the community and put on public exhibition for further consultation. The public exhibition will help gather more feedback to ensure that all stakeholders are given an opportunity to share their perspective on the designs. This feedback will be consolidated in a report and provided to Council to make an informed decision regarding selection of the Preferred Option. Once Council determines a preferred option, the project can progress to the detailed design phase.

A project email (cuttageebridge@begavalley.nsw.gov.au) has also been established to allow community members to ask questions, offer suggestions, provide feedback and voice concerns throughout the project duration.

Engagement planned

The project engagement program includes three phases – Plan, Engage and Refine.

The first ‘Plan’ phase is a crucial step in the consultation process. It involves a HYS short survey to gather pre-concept design and methodology information (currently open to the public and closing 30th April 2025). While much of this has already been documented over previous years, this phase is the first step in the latest consultation process and aims to gather broad community feedback on various aspects of the bridge renewal project including design, construction and the impacts on local residents and road users.

The second ‘Engage’ phase will consolidate all feedback and insights gathered from the survey and is essential in shaping the development of the concept design options. It will reflect the diverse perspectives of the community and ensure that the concept design options are reflective of the whole community’s needs and preferences.

The third ‘Refine’ phase will see three bridge concept designs developed and placed on public exhibition, enabling the wider community to make any further comment. The detailed feedback received through this round of engagement will be used to inform Council as it decides on the preferred option to progress to detailed design and ultimately through to construction.

Website update, Media Release and HYS survey went live on 18 March 2025 and will close on 30 April 2025. The community has a period to “Have Your Say” to express preference and concerns to be considered in the development of the concept designs.

Financial and Resource Considerations

Design Services are fully funded through the executed deed agreement between TfNSW and BVSC in the delivery of the Cuttagee Bridge project funded under the Regional Roads Program administered by TfNSW.

Item	$ Excl GST
Expenditure Detail
RFT 2425-060 Design Services for Cuttagee Bridge	Refer to confidential memo
Total Expenditure	Refer to confidential memo
Source of Funds
Grant Income: Regional Roads Program administered by TfNSW	$15,000,000
Total income available	Refer to confidential memo
Total Project Capital Cost	Refer to confidential memo
Total Available Construction Funding	Refer to confidential memo
Project Funding Shortfall	Refer to confidential memo

There are no life cycle costing impacts to Council as Design Services is an operational activity.

Legal /Policy

The tender process complied 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

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

· Outcome 4 liveable places

· Outcome 5 connected communities

Environment and Climate Change

Environment and climate change are at the forefront of this project with the delivery of climate-resilient asset a key objective of this project to improve road safety and accessibility to ultimately ensure a sustainable road network.

A Review of Environmental Factors (REF) is to be prepared by the engaged consultant to ensure that environmental impacts are understood and managed accordingly. The REF will provide a full analysis of all environmental, economic, physical and social implications of the proposal. Ongoing coordination with the REF consultant will take place throughout the duration of design services and relevant planning pathway consultation.

Relevant information, outputs and approvals are required as part of the contract engagement that will consider environment and climate change issues during the project development. This includes a flooding and coastal hazards assessment to consider the impacts of climate change in accordance with Council’s Flood and Sea Level Rise Policy.

It is noted that the existing bridge is listed in the Bega Valley Local Environmental Plan (LEP) as a local heritage item and as such its demolition and any subsequent construction needs to be accomplished through the appropriate planning pathways which may include removal from the LEP. A Statement of Heritage Impact (SOHI) will be prepared to assess the heritage impacts, however, it is important to note that this can only occur once a preferred concept option is determined and a decision is made on the type, style, and configuration of the bridge.

Economic

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

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

Risk

Although this is a consultancy-based contract it should be noted, the risk associated with a new or restored structure can only be assessed once a decision is made on the type, style, and configuration of the bridge which will be determined at the relevant stage of the overall project.

There is financial risk in that the detailed planning and estimating is yet to be undertaken on a specific option and that the allocated $15 million will be insufficient to fully deliver the project. Examples may be:

· Risk of existing structure failing (safety of road users, road network/accessibility)

· Delay implications to funding milestones or funding lapsing

· Reputational risk with funding body in delays or not utilising grant funds

· Contractual variation delays can lead to cost escalation. For example, 5% inflation on a $15M asset is $750,000

Social / Cultural

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

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

It is important to note the design services, through the Review of Environmental Factors, will consider aboriginal heritage.

Attachments

1. RFT 2425-060 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 16 April 2025

Item 10.1

10.1. Australian Local Government Association (ALGA) 2025 National General Assembly - additional motion

Council supported 5 motions at the 19 March 2025 Council meeting to be submitted to be considered at the National General Assembly (NGA) in June 2025. This report is seeking endorsement of an additional motion.

Director Business & Governance

Officer’s Recommendation

That Motion 6 presented in the background of this report be formally endorsed for inclusion in the Business Paper for the Australian Local Government Association National General Assembly 2025.

Executive Summary

The 2025 National General Assembly (NGA) of Local Government provides a platform for local government to address national issues and advocate to the federal government on critical issues facing our sector.

At the 19 March 2025 Council meeting 5 motions were presented and endorsed. An additional motion has been drafted and is included in this report for formal endorsement. The motion relates to data sharing across local, state and federal government services The deadline for motions to be submitted was 31 March 2025. This motion has been submitted pre-empting Council support, however it can be withdrawn or amended as required.

Background

The Australian Local Government Association (ALGA) is the peak national body representing local councils across Australia. The 2025 National General Assembly (NGA) of Local Government will be held in Canberra from 24-27 June 2025.

https://conferenceco.eventsair.com/nga-2025

Motion 6

Category	Intergovernmental relations
Motion Subject	Inclusion of Local Government in the Intergovernmental Data Sharing Agreement
Motion Wording	This National General Assembly calls on the Australian Government to: a. to include local government as a key stakeholder in the Intergovernmental Data Sharing Agreement (IGDSA) and to develop mechanisms that ensure the participation of local governments in the ongoing development and operation of this framework. b. provide greater support and resources to local councils to help them meet the expectations set by the Australian Government Data and Digital Strategy, enabling whole of government data framework adoption and development of the national data asset.
National Objective Why is this a national issue and why should this be debated at the NGA? (Max 200 words)	The IDGSA is a critical framework that facilitates data sharing between levels of government. The current IGDSA focuses on data sharing between the federal and state governments, with limited direct engagement of local governments. Councils are vital players in the governance ecosystem, managing essential services, infrastructure, and community engagement at the grassroots level. The data collected by local governments is crucial for local decision-making, policy development, and service delivery. Local governments are also uniquely positioned to provide valuable insights into the daily lives and needs of residents, which can enrich and complement the data held by other levels of government. Excluding local government from the IGDSA limits the potential of a fully integrated data system that can address complex, multi-level governance issues in a holistic and responsive way.
Summary of Key Arguments Background information and supporting arguments (Max 500 words)	By including local governments in the IGDSA, the data-sharing arrangement will: - Enhance Service Delivery: Local governments manage a wide range of services including strategic land use planning, public health, community services, disaster response and transport to name a few. Access to shared data will improve the efficiency and effectiveness of these services, ensuring they are better tailored to the needs of the community. - Strengthen Evidence-Based Policy Making: Data sharing will empower local governments to engage in improved evidence-based decision-making, resulting in policies and initiatives that better address local issues and challenges. - Improve coordination across all levels of government: By involving local governments, the IGDSA will promote a more coordinated approach to data management, helping governments work together to solve complex, multi-layered issues such as climate change, housing affordability, and public health. - Promote Transparency and Accountability: Inclusion in the data-sharing framework will enhance transparency and improve accountability between different levels of government, fostering trust among citizens. - Enabling the achievement of the Australian Governments Data and Digital Strategy: Inclusion in the data-sharing framework will support the achievement of key data initiatives objective Improving information sharing to address national challenges. Local Government entities are custodians of key data which can be used for informing national challenges, this is evident and demonstrated during natural disaster events which see local, state and federal government entities working together to address a challenge. The Australian Data and Digital Strategy as does the NSW Digital Strategy sets an expectation that all levels of government are working towards data maturity. “The Government expects entities to establish and invest in appropriate mechanisms, infrastructure and practices to support data curation, storage, protection and use. Treating data as an asset will require entities to recognise its value and importance to their operations, devote suitable resources to its collection, maintenance and use, and unlock its full potential, including by making data-driven decisions.” Data and Digital Strategy, APS. Local Government entities are keen to progress this agenda however this is not possible within current resourcing without compromise to another service. Additional resourcing and support for Local Government entities will be key in achieving our national vision.

Options

Council can elect to not endorse Motion 6 or seek further amendments to be made.

Community and Stakeholder Engagement

Engagement undertaken

Internal engagement has been undertaken in development of this motion recommended by Council officers. This motion aligns with several aspects in our Digital Strategy.

This motion has been drafted after recent discussions on the challenges Council has faced relating to the sharing of data across government agencies. There are a number of examples where Council has been engaging with other levels of government in providing services to our community where data has been requested and it is not provided for various reasons.

Council supported emergency response and community recovery for the Coolagolite bushfire in 2024, where impact data was requested from State agencies and not provided. Council has sought homelessness data to support the implementation of an Affordable Housing Strategy and it was not able to be provided. Council also collaborated with CSIRO on an Enabling Resilience Investment project and various data sources available to CSIRO were not able to be utilised by Council.

Engagement planned

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

Financial and Resource Considerations

There are no negative financial impacts related to the preparation of this report and the drafting of this additional motion.

It is expected that should the motion be supported and agreement on data sharing across all levels of government is successful there may be positive financial impacts by reducing duplication of data collection and management.

Legal /Policy

The National Assembly is the key national agenda setting forum for local government with hundreds of delegates from across the country connecting to share their united voice to improve outcomes in the sector.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

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

Environment and Climate Change

There are no significant environment or climate change impacts related to the report.

Economic

There are no significant economic impacts related to the report.

Risk

There are no significant risks identified in relation to submitting this motion. The risks associated with continued poor data management and sharing include financial and reputational, not just for Council, but for all levels of government.

Social / Cultural

There are no significant social or cultural impacts related to the report.

Attachments

Nil

Council 16 April 2025

Item 10.2

10.2. Electric Vehicle Charging

Provide an update to Councillors on the options, costs and availability of services for public electric vehicle (EV) charging in the shire.

Director Business & Governance

Officer’s Recommendation

That Council:

1. Not facilitate provision of public EV charging infrastructure on Council managed land.

2. Seek further expressions of interest from operators to install and operate EV charging infrastructure on Council managed land at the sites identified in this report, in accordance with the new Procedure 4.10.10 EV Charging Infrastructure on Public Land. Review the expressions of interest and negotiate licence or lease agreement/s with selected charge point operators for the installation and operation of EV charging infrastructure.

Executive Summary

This report provides an update to Councillors on the options, costs, and availability of services for electric vehicle (EV) charging in the shire. It outlines the progress made since Council’s January 2023 resolution on EV charging.

The report highlights the market context and the current availability of public AC and DC charging in the shire. It also discusses the state and federal policy and funding context.

Two options are presented for Council to consider; leaving EV charging provision to the private sector or continuing with the outstanding actions resolved by Council in January 2023.

Background

Previous resolutions of Council

January 2023 resolution

On 18 January 2023, Council resolved to:

1. Invite operators of public car parks on private land to notify Council of their interest in hosting electric vehicle (EV) ultra-fast chargers (175kW+) and encourage those operators to submit an “EV charging site host expressions of interest” to NSW Office of Energy and Climate (OEC).

2. As part of the EOI referred to in item 1 invite operators of public car parks on private land to notify Council of their interest in hosting other forms of electric vehicle (EV) charging stations to support future planning and inform grant submissions.

3. Identify suitable locations for EV ultra-fast chargers in Council car parks and submit those locations to the OEC.

4. Establish a competitive expression of interest (EOI) process to invite and review proposals from charge point operators to install public EV ultra-fast chargers in identified Council car parks.

5. Review the expressions of interest and negotiate licence or lease agreement/s with selected charge point operators for the installation and operation of EV ultra-fast chargers.

6. Develop a policy based on lessons learnt from the initial EOI process to manage industry requests to use public land for the purpose of EV charging infrastructure into the future.

7. Repeat the EOI process in alignment with OEC funding rounds through to 2025.

August 2024 resolution

On 14 August 2024, Councillor Griff raised the following notice of motion.

That:

1. Staff progress Council’s 18 January 2023 resolution on electric vehicle charging stations and that,

2. Council aim to host electric vehicle charging stations on at least one or more new sites on Council owned or managed land.

Council resolved:

That this report be deferred to the new Council with staff to provide options, costs and availability of services.

Progress on January 2023 resolution.

Item 1-4 of the January 2023 resolution were completed in 2023.

Council surveyed operators of public car parks on private land in February and March 2023 to ascertain interest in hosting EV charging infrastructure (items 1 and 2).

A shortlist of five Council-managed sites were identified, workshopped with Councillors in May 2023 and submitted to the Office of Environment and Climate Change as potential host sites (item 3).

A competitive EOI was open to charge point operators through May – July 2023 (item 4).

A panel of staff across the three directorates assessed the submissions and shortlisted five proposals to progress to a second stage in the EOI process.

The expressions of interest received raised several issues, including:

· proposed sites on community land, crown land and in the road reserve which require more complex administrative and approval processes

· easements required for electrical infrastructure

· unsatisfactory proposed licence agreements

· specific unique constraints of several proposed sites

· complexities of proposed additional complementary infrastructure.

There has not been the staffing resources to prioritise addressing these issues and items 5 and 7 remain outstanding. In part this is due to caution about committing public land to long-term tenure arrangements in a shifting economic and policy environment.

In addressing item 6, staff have developed procedure 4.10.10 EV Charging Infrastructure on Public Land (Attachment 1), which supports the Lands Under Council Jurisdiction Policy 4.10. This procedure was adopted by Council’s executive in December 2024.

Market context

The Australian Automobile Association reports that EVs accounted for 12.2% of new car sales in NSW in October to December 2024. In the ACT, a key visitor market for the shire, EVs accounted for 23.4% of new car sales in the same period. NSW saw a decline in pure internal combustion engine vehicle sales during 2024, with commensurate growth in hybrid vehicle sales. EV sales in NSW grew only slightly during 2024.

In January 2024, non-hybrid EVs made up 0.4% of registered vehicles in Bega Valley Shire postcodes. This compares with 0.9% state-wide and 2.0% in the ACT.

Existing EV charging in the Bega Valley Shire

According to PlugShare, Public AC 7-22kW (slow) charging is available at thirteen accommodation providers and five other locations in the shire. These AC chargers are suitable for destinations where drivers will stay for several hours.

Public DC charging is available at two locations in Bega: the 50kW NRMA charger in Council’s Gipps St car park in Bega and 42kW charger at Tarra Motors in South Bega.

Bega Valley Shire has significantly fewer fast chargers than neighbouring shires, which all have ten or more chargers outputting 50kW or more. Most of these chargers are on private land; however, Gippsland and Eurobodalla Councils host several chargers on Council managed land.

Broader policy context

The NSW Electric Vehicle Strategy (2021) states that EVs are expected to make up 52% of new car sales in 2030-31 and it is the NSW Government’s objective to achieve that uptake and see the vast majority of new car sales as EVs by 2035. Investment in EV charging infrastructure across the state is a core action in the strategy.

The NSW stamp duty exemption and $3,000 rebate for EV purchases ended on 1 January 2024.

Australian New Vehicle Efficiency Standard will commence on 1 July 2025. The standard will incentivise sales of fuel-efficient vehicles, including EVs and is intended to drive an increase in EV sales.

Funding context

NSW Destination Charging Grants

Round 3 of the NSW Destination Charging Grant program closed on 28 March 2025. It will fund 24-100kW DC chargers in specific zones. There were no eligible zones in the Bega Valley Shire.

Round 1 and 2 funded 7-22kW AC chargers at 14 privately owned sites in shire.

NSW Fast Charging Grants

This grant program funds the installation of 175-350kW DC chargers.

One site in Bega was funded in Round 1, however the proponent found the initial site to be unsuitable and was unable to find an alternative.

No sites in the shire were funded in Round 2.

Round 3 of the NSW Fast Charging Grant program closed on 4 October 2024. There has been no formal announcement of funded projects at this time.

Council provided letters of support to two applicants seeking funding under round 3.

Council has not applied for either of the above grants. The NSW Government has not indicated whether there will be further rounds of these grant programs.

ARENA kerbside charging trial

The Australian Renewable Energy Agency (ARENA) has granted $2.4 million in funding to EVX Australia Pty Ltd to install 250 public kerbside EV chargers in local government areas across Victoria, NSW and South Australia. EVX are interested in installing chargers on existing power poles in the Bega Valley Shire as part of this trial.

Feasibility study

In October 2023, the NSW Office of Energy and Climate Change commissioned a feasibility study to support local governments to identify suitable locations for Council operated destination chargers (AC 22kW) (Attachment 2). The study recommended Council seek funding through Round 2 of the Destination Charging Grant program for Council-operated EV chargers at three sites in Bega and Merimbula. The study did not make a confident case that the chargers would be revenue positive, and staff did not pursue the funding opportunity.

Options

Council has the following options:

1. Not facilitate provision of public EV charging infrastructure on Council managed land. (Recommended)

Council rescind Item 5 and Item 7 from its 18 January 2023 resolution and allow the private sector to meet demand for EV charging on private land.

This option:

· retains public land for non-commercial activities

· minimises operational risks

· provides clarity to industry as to Council’s position

· minimises risk of service creep.

Staff would continue to engage with charge port operators and private land holders to encourage fast charging infrastructure installations on private land.

Resourcing implications and risks associated with this option are detailed below.

2. Proceed with the 18 January 2023 resolution of Council

This option would involve:

1. Seeking further expressions of interest from operators to install and operate EV charging infrastructure on identified Council-managed sites in accordance with the new Procedure 4.10.10 EV Charging Infrastructure on Public Land.

2. Reviewing the expressions of interest and negotiating licence or lease agreement/s with selected charge point operators for the installation and operation of EV charging infrastructure.

3. Establishing easements for electrical infrastructure if required.

4. Charge point operators covering all costs of the installation and operation of the infrastructure, including approvals, signage, road marking, site remediation and establishment of tenure arrangements.

5. Charge point operators paying market-based compensation for any use of public land.

Sites

The following sites have been identified by staff as potentially suitable for EV charging infrastructure.

Bennet Lane Car Park – Pambula

Council has completed preliminary designs for redeveloping the Bennet Lane car park. The installation of EV charging infrastructure in this location by a charge point operator will be dependent on the carpark redevelopment being funded, detailed design being completed and serviceability of power.

Chandos St Car Park – Eden (rear of Hotel Australasia)

Eden is not recommended as an ‘optimal zone’ in the NSW Government’s Public Charging Master Plan and is therefore less likely to receive state government funding for EV charging infrastructure.

Park Street Car Park – Merimbula

This site is identified in the Merimbula Transport Study as a potential site for EV charging. The existing car park straddles Council operational land and the road reserve. This raises some issues with any potential tenure arrangements, which would need to be resolved.

Alice Street Car Park – Merimbula

This site is identified in the Merimbula Transport Study as a potential site for EV charging.

Assumptions

This option could be preferred if the following can be assumed:

· Council hosting EV charging on public land will support the transition to decarbonised transport.

· EV charging infrastructure in selected public car parks will bring economic benefits to local businesses.

· Tenure arrangements favourable to Council and the community are achievable.

· Provision of EV charging infrastructure on private land will not meet demand in the medium term.

Financial and resourcing implications and risks associated with this option are detailed below.

Community and Stakeholder Engagement

Engagement undertaken

Over the last two years Council has received occasional feedback from visitors and residents expressing concern regarding the lack of public EV charging infrastructure in the shire (at least six messages via Council’s email or suggestion box).

Council surveyed operators of public car parks on private land in February and March 2023 to ascertain interest in hosting EV charging infrastructure. The survey was promoted via media release, Council’s Business News, radio interview and social media. Seventeen car park operators were identified and approached directly. Nineteen responses were received. Four respondents stated they would offer a site for fast charging. Eleven respondents stated that they intended to install destination chargers in the near future.

Chamber presidents in Bega, Eden and Merimbula were consulted on site selection in May 2023 and were supportive of the potential public sites proposed by staff in those towns.

Council staff continue to engage with the Canberra Region Joint Organisation and member Councils on EV related issues.

Staff continue to engage with charge port operators and private land holders to encourage fast charging infrastructure installations on private land. Council has promoted the NSW Electric vehicle destination charging grant program to local businesses.

In September 2024 Council provided letters of support to two proponents seeking funding under the Round 3 of the NSW Fast Charging Grant program.

Engagement planned

Council staff will continue to discuss EV issues and opportunities with the Canberra Region Joint Organisation.

Staff will continue to promote EV charging funding opportunities to community and business as they become available.

If Council adopts option 2:

· Charge point operators will be invited to submit an expression of interest. The EOIs will be assessed by a panel of Council staff.

· Staff will engage with preferred charge point operators in tenure negotiations and consultation on technical matters.

· Community would be informed of proposed tenure arrangements in accordance with Council’s Community Engagement Strategy.

Financial and Resource Considerations

Option 1 – Not facilitate provision of public EV charging infrastructure on Council managed land.

This option would have limited financial or resource implications for Council.

This option may involve some ongoing resourcing as staff would continue to advocate for and encourage public EV charging provision on private land.

Option 2 - Proceed with the 18 January 2023 resolution of Council.

Charge point operators would be required to cover all costs of the installation and operation of the infrastructure, including approvals, signage, road marking, site remediation, electricity supply costs and establishment of tenure arrangements. Legal and other costs associated with tenure arrangements and any easements would be passed on to operators.

Charge point operators would pay market-based compensation to Council under the leasing or licencing arrangements for the use of public land.

Staff resources would be required to:

· manage the expression of interest process

· detail and liaise with operators regarding site requirements

· administer licences and easements.

Legal /Policy

Road Rules 2014 (NSW) rules 203B and 203C detail the signage and parking compliance regulation for electric vehicle charging parking spaces.

State Environmental Planning Policy (Transport and Infrastructure) 2021 section 2.124 details requirements for installation of EV chargers to be exempt development in public car parks.

The following policies and procedures guide Council’s approach to EV charging infrastructure on public land:

· Policy 4.10 Lands Under Council Jurisdiction

· Procedure 4.10.10 EV Charging Infrastructure on Public Land

· Procedure 4.10.3 Management of Leases and Licences

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

The following Council strategies and actions are relevant:

Community Strategic Plan:

B.2 Collaborate with relevant parties and industry to promote and support opportunities to diversify and grow our economy

D.6 Support sustainable and active transport through the transition to electric vehicles and development of paths and tracks for walking and cycling

Delivery Program:

B5.1 Advocate, support and deliver sustainable tourism and visitor experiences to maximise the benefit to the community

DP B6.1 Support projects and opportunities that stimulate sustainable economic growth and align with the region’s Regional Economic Development Strategy

Operational Plan:

B6.1.3 Support development of electric vehicle charging network and develop policy for electric vehicle charging on public land

Climate Resilience Strategy:

E.11: Establish Electric vehicle charging network throughout Shire and require new large commercial development to install as development consent condition.

Merimbula Transport Study:

PA7 Provide electric vehicle charging stations at the Park Street car park, Berrambool Sports Ground car park, Alice Street car park and the Boat Ramp car park.

Local Strategic Planning Statement:

Future Directions

· Support the establishment of new and innovative industries, initiatives and technologies that reduce emissions including waste diversion and recycling, alternative fuel vehicles, walking and cycling, coworking/ tele-commuter hubs, agricultural innovation and improved telecommunications.

· Identify locations and planning controls for drop-off zones, parking and charging facilities to accommodate the growth in autonomous vehicles and electric vehicles.

Environment and Climate Change

Transition to electrified transport is a key component of state and federal climate strategies as electric vehicles produce fewer carbon dioxide emissions over their lifetime than internal combustion engine vehicles. Limited EV charging infrastructure is often cited as a restraint on EV uptake.

The recommended option in this report assumes that provision of public EV charging infrastructure on private land will appropriately meet demand and Council’s decision will have little impact on service provision, EV uptake and environmental outcomes.

Economic

EV charging infrastructure supports the visitor economy, as increasing numbers of visitors to the shire are driving EVs.

Risk

Option 1 - Not facilitate provision of public EV charging infrastructure on Council managed land.

If the private sector does not appropriately meet demand on private land, this option runs the following risks:

· Negative impact on the local visitor economy, as EV drivers seek out other destinations with EV charging infrastructure.

· Slow the transition to decarbonised transport.

Option 2 - Proceed with the 18 January 2023 resolution of Council.

This option runs the following risks:

· Land occupied by EV charging infrastructure precluded from other community or commercial uses.

· Commercialisation of public space, with limited or no Council control over pricing to consumer.

· Difficulty enforcing service continuity and Council resources responding to outage complaints.

· Council may incur costs of decommissioning sites if operator were to become insolvent.

· Raising community expectations of Council’s capacity to facilitate broad service delivery.

Social / Cultural

The provision of public EV charging infrastructure enables residents without home charging facilities to own EVs, ensuring that all residents regardless of housing tenure will have access to EV ownership.

Attachments

1⇩. Procedure 4.10.10 EV Charging infrastructure on Public Land

2⇩. Office of Energy and Climate Change Electric Vehicle Charging Feasibility Study 2023.10.13

Council 16 April 2025

Item 10.3

10.3. Acquisition of easement for a water trunk main pipeline over private land at Tilba Tilba

Council approval is being sought to formalise the acquisition of an easement for a water trunk main pipeline over privately owned property at Lot 22 DP 1137736 – Princes Highway, Tilba Tilba.

Director Business & Governance

Officer’s Recommendation

1. That Council enter into a formal Deed of Agreement with the landowners of Lot 22 DP 1137736 at 9052 Princes Highway, Tilba Tilba for the acquisition of an easement for a water trunk main pipeline for a compensation value of $9,573 inclusive of GST.

2. If the acquisition of an easement over Lot 22 DP 113766 cannot be negotiated by agreement with the landowner within a reasonable time, Council acquire an easement by compulsory process under the Land Acquisition (Just Terms Compensation) Act 1991 (NSW) pursuant to sections 186 and 187 of the Local Government Act 1993 (NSW), and do all things supplemental or incidental to, or consequential for, that purpose.

3. That all costs associated with the creation of the easement including the landowners and Council’s legal costs, survey work, plan preparation and registration fees be borne by Council.

4. That Council affixes the Seal of Council to any documents required to be sealed relating to the acquisition of an easement and that authority be delegated to the Mayor and Chief Executive Officer to execute those documents.

5. That the Chief Executive Officer be delegated authority to execute on behalf of Council any documents associated with the acquisition of easement not requiring the affixing of the Seal of Council.

Executive Summary

A Council water trunk main pipeline exists over private land at Lot 22 DP 1137736, 9052 Princes Highway, Tilba Tilba. Following an investigation, it was determined that the pipeline had not been surveyed, nor had a formal easement been registered over the pipeline through the private land. This report details the need to formalise the acquisition of an easement for the water trunk main pipeline to protect Council’s interest in the land.

Under the Local Government Act 1993 (NSW) (LG Act), it is a requirement that Council resolve to acquire land and interests in private property. Following informal negotiations with the landowner, Council approval is being sought to pay compensation of $9,573, inclusive of GST, to formalise the creation of the easement.

Background

Council’s records indicate that a water trunk main pipeline exists over Lot 22 DP 1137736, 9052 Princes Highway, Tilba Tilba. Upon investigation by Council officers, it was determined that the pipeline had not been surveyed, nor had a formal easement been registered over the pipeline through the private land.

To formalise an easement over Council’s infrastructure, Concept Development Consulting (CDC) was engaged following a competitive request for quotation process to survey the pipeline. CDC was instructed to prepare a sketch plan to accompany a Transfer Granting Easement, which will be registered at NSW Land Registry Services. A copy of the plan is attached for the information of Councillors.

A formal market valuation has been obtained from Walsh and Monaghan Valuers to determine the compensation payable to the landowners pursuant to the provisions of the Land Acquisition (Just Terms Compensation) Act 1991 (NSW) (LAJTC Act). The valuation provides a compensation amount of $4,000 plus GST, and a copy of the report is also attached for the information of Councillors.

Council officers have consulted with the landowners, who are prepared to negotiate terms for the easement to be acquired, subject to the compensation they receive being equal to the developer contributions payable for their connection to the water trunk main. The landowners were provided formal water connection approval on 4 May 2023 and paid the connection fee ($1,470) and developer contributions ($9,573) on 11 May 2023.

Council’s Procedure 4.10.5. Acquisition, dedication and disposal of land or interests in land suggests that any acquisition is to be benchmarked to an independent market valuation from a registered valuer unless there are justified reasons for a value above the valuation benchmark to be considered.

If an agreement for the acquisition of the easement cannot be reached with the landowner, Council will need to progress the compulsory acquisition process to protect Council’s interest in the land. It is the opinion of Council officers that costs associated with the compulsory acquisition process will exceed the additional compensation costs requested. For this reason, Council officers recommend proceeding with payment of compensation in the amount of $9,573 to ensure the acquisition can proceed by agreement and within a reasonable timeframe.

Options

The options available to Council are:

1. Proceed with the acquisition of an easement over Lot 22 DP 113766 at 9052 Princes Highway, Tilba Tilba for a compensation value of $9,573 inclusive of GST for the purposes of protecting Council’s water infrastructure. Recommended.

2. Proceed with the acquisition of an easement over Lot 22 DP 113766 at 9052 Princes Highway, Tilba Tilba for a compensation value of $4,000 plus GST, as determined in the attached Walsh and Monaghan valuation report dated 4 March 2025. This option is not recommended because the landowners have indicated they are unwilling to proceed with the acquisition by agreement unless they receive compensation equal to the developer contributions paid for their connection to the water trunk main ($9,573). The costs associated with progressing a compulsory acquisition process would exceed the difference in compensation requested.

3. Advise the landowners that Council does not agree to progress the acquisition of an easement over its infrastructure. Noting this option does not protect the future of Council’s water trunk main pipeline in the private land parcels.

Community and Stakeholder Engagement

Engagement undertaken

Consultation with the landowner, internal stakeholders, surveyors, and valuers has taken place since early 2023 in relation to this matter.

Engagement planned

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

The LAJTC Act requires negotiation with landowners for at least 6 months to acquire land and interests in land by agreement. If Council cannot reach agreement with the landowner it is proposed to proceed with compulsory acquisition of an easement over the Council infrastructure. If agreement cannot be reached, the Governor of NSW can approve a compulsory acquisition.

Financial and Resource Considerations

Council is responsible for all costs associated with establishing the easement, including survey work, plan preparation, registration fees, and legal costs (including the landowners' reasonable legal costs capped at $3,500). All costs associated with the creation of the easement will be funded from Council’s water fund.

As outlined in the report, a formal market valuation was obtained from Walsh and Monaghan Valuers dated 4 March 2025, which determined compensation as $4,000 plus GST. Council officers recommend proceeding with a payment of $9,573 in compensation to the landowners to avoid the need for a compulsory acquisition process. If a compulsory acquisition process is required, pursuant to the provisions of the LAJTC Act, a further valuation will be needed, and there will be increased legal and administrative costs and time before the Valuer General determines the amount of compensation payable.

Council property officers and external legal panel providers will be required to finalise the relevant documentation to complete the acquisition.

Legal /Policy

Under the LG Act, it is a requirement that Council resolve to acquire land and interests in private property. The LAJTC Act mandates that negotiations with landowners must occur for at least six months to acquire land and interests without agreement. If an agreement cannot be reached within this period, a compulsory acquisition process can commence, and the Governor of NSW can approve the compulsory acquisition.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

Bega Valley Community Strategic Plan 2040:

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

Delivery Program 2022 - 2025:

· D1.1 - Plan for asset capital works

· D1.3 – Develop maintenance programs for infrastructure assets

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

Environment and Climate Change

There are no environmental or climate change concerns associated with the proposed acquisition of the easement.

Economic

There are no additional economic matters associated with the proposed acquisition of the easement that are not already addressed in this report.

Risk

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

· Effective Civic Leadership and Financial Sustainability: There is a reputational risk concerning the community's perception of Council paying compensation that exceeds the valuation. However as outlined in the report, if a compulsory acquisition process is required, a further valuation will be necessary. This will result in increased legal and administrative costs and additional time before the Valuer General determines the amount of compensation payable. The costs involved in a compulsory acquisition process are estimated to far exceed the additional $5,173 in compensation proposed to be paid to the landowner.

· Assets and Infrastructure: Maintaining Council assets is an essential function that cannot be avoided, including ensuring continued access to the shire’s water network. Registering a formal easement over Council’s water trunk main infrastructure grants legal access for inspecting and maintaining this critical infrastructure without any legal complications.

· Regulatory and statutory compliance: This is identified as a strategic risk for the Council. The increasing administrative complexity and costs associated with continuous changes in statutory and regulatory compliance regimes present an ongoing challenge. The LAJTC Act outlines the process for compulsory land acquisition without agreement, with the Governor of NSW empowered to approve such acquisitions. The administrative complexity of this process adds significant time and costs for Council. Therefore, the preferred method of acquisition is to reach an agreement with the landowner.

Social / Cultural

There are no social / cultural matters associated with the proposed acquisition of the easement that is not already addressed in this report.

Attachments

1 ⇩. Easement Plan Lot 22 DP 1137736

2. Walsh and Monaghan Valuation Report - easement Lot 22 DP 1137736 (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 16 April 2025

Item 10.4

10.4. Assignment of lease - Tathra Beach Kiosk

The lessee of the Tathra Beach Kiosk has formally notified Council about the sale of the business and has requested approval to transfer the remaining lease term to a new owner.

Director Business & Governance

Officer’s Recommendation

1. That Council approves the assignment of the lease for the Tathra Beach Kiosk from Heather McLeod to Kylie Ward.

2. That the lessee be responsible for the payment of all costs associated with the assignment of lease process.

3. That the Chief Executive Officer and Mayor be delegated authority to execute the necessary documentation to formalise the above course of action.

Executive Summary

The lessee of the Tathra Beach Kiosk has formally notified Council about the sale of the business and has requested approval to transfer the remaining lease term to the purchaser, Kylie Ward.

Formal Council approval is required to transfer the remaining lease term from Heather McLeod to Kylie Ward, who plans to operate the business in a similar manner to the current lessee.

Background

Following negotiations as a results of the Expression of Interest (EOI 2223-087) process for the use and occupation of the Tathra Beach Kiosk building, Council resolved at its Ordinary Meeting of 23 August 2023, as follows:

1. That Council, as Crown Land Manager of the Tathra Beach Reserve (R79310), approve a 3-year lease with 2 options for a further 3-years to Darryl Frost and Heather McLeod for occupation of Tathra Beach Kiosk building for an annual rental of $45,000 plus GST per annum increased annually by CPI with a rent review after the first 3-year term.

2. That authority be delegated to the Chief Executive Officer and Mayor to execute the necessary lease documentation to formalise the tenure arrangement.

Following the Resolution of Council, Darryl Frost and Heather McLeod executed a formal lease which does not expire until 31 August 2026, with two options for an additional three years each. Council officers were notified of a change in the business arrangements, necessitating a new lease in the name of the new entity, Heather Megan McLeod. This matter was considered at Council’s Ordinary Meeting on 16 October 2024, and Council resolved as follows:

1. That Council receive and note the report.

2. That Council approves the assignment of the lease for the Tathra Beach Kiosk from Darryl Frost and Heather McLeod to Heather Megan McLeod.

3. That the lessee be responsible for the payment of all costs associated with the assignment of lease process.

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

The assignment of the lease was recently finalised, and Council officers have since been notified that Heather McLeod has sold the business. The proposed new business owner, Kylie Ward, intends to run the business in a similar manner to the current lessee. Ms Ward has provided trade and personal references, a financial statement demonstrating her capacity to meet the financial obligations of the lease, copies of her qualifications, and completed responses to the past Expression of Interest criteria.

Council officers have reviewed the documentation and consider Kylie Ward to be a suitable lessee.

Options

The options available to Council are:

1. Approve the assignment of the current lease to the proposed new business operator as recommended in this report. As the business is being sold, it is in the best interest of Council (as lessor) to assign the remaining term of the lease to the new business owners. Recommended.

2. Provide approval for the current lessee to surrender the remainder of their lease term, with Council officers conducting a further public EOI process to locate a new tenant for the site or maintaining vacant possession. Not Recommended.

Community and Stakeholder Engagement

Engagement undertaken

Council officers have consulted with both the current lessee, proposed new owner and legal representatives regarding the assignment of lease. The parties will be advised of Council’s decision following consideration of this report.

Engagement planned

Council officers will continue to consult with the lessee, new owner and legal representatives to action the resolution of Council.

In accordance with the provisions of section 47 of the Local Government Act 1993 (NSW) (LG Act) if Council proposes to grant tenure, in respect of community land for a period exceeding five years, it must:

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

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

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

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

Financial and Resource Considerations

The current rental for the Tathra Beach Kiosk is $51,384 per annum (GST inclusive), with an annual CPI increase.

The assignment of lease fee of $660 (including GST), as per Council’s Fees and Charges schedule has been paid. This fee covers the cost of Council officer time to manage this matter and ensures the legal documentation meets Council’s requirements.

The applicant will also need to cover all external costs associated with this matter, including legal costs and registration fees. Council officer time will be required to prepare and issue the new lease, as well as manage the agreement throughout its term.

Legal /Policy

The Tathra Beach Kiosk lease is governed by the Retail Leases Act 1994 (NSW). According to clause 20 of the lease agreement, the lessee must obtain Council’s consent before assigning the lease.

Council officers will engage legal representatives to prepare the necessary documentation for issuing the proposed new lease agreement.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

Delivery Program 2022 - 2025: E5.5 - Develop and manage Council’s owned and managed land portfolio.

Environment and Climate Change

There are no environment and climate change matters associated with the proposed assignment of lease process.

Economic

The lease offers economic benefits to both Council and the community. The annual rental income contributes to the maintenance and upkeep of the Tathra Beach Reserve (R79310). Additional economic impacts related to this report are discussed in the finance section.

Risk

Regulatory and statutory compliance is defined as a strategic risk for Council. The issue of rising administrative complexity and cost of continuous change with increasing and competing statutory and regulatory compliance regimes remains an ongoing challenge for Council.

Ensuring continued occupation of Council Managed Crown Reserve 79310 at Tathra is authorised by way of a formal tenure arrangement that contains the appropriate indemnity and insurance clauses necessary to reduce risks associated with regulatory and statutory compliance with the Crown Land Management Act 2016 and Crown Land Management Regulation 2018 is a key risk control for Council.

It was determined that the proposed lease will affect Native Title, however, the act impacting Reserve 79310 will comply with the applicable provisions of the Native Title Act 1993 (Cth) (NT Act) being a valid future act under section 24JA. As the proposed lease does not constitute a public work and under Subdivision J of the NT Act there is no requirement to afford procedural rights (such as notification or opportunity to comment) to any registered native title claimant or holder.

Social / Cultural

Since reopening the Tathra Beach Kiosk has a good reputation amongst the local community and with visiting tourists. For this reason, as well as the potential for maintaining and creating local jobs, the continued operation of the kiosk is vital.

Attachments

Nil

Council 16 April 2025

Item 10.5

10.5. Tenure options at the Merimbula Airport for Sapphire Coast Autos Pty Ltd

This report addresses future tenure options for the continuation of the Sapphire Coast Autos Pty Ltd car hire business, which currently operates from Merimbula Airport.

Director Business & Governance

Officer’s Recommendation

1. That Council provides in principle support to retain the hanger building on the existing lease site Lot 7 or Lot 8 DP 1257793 subject to a new tenure agreement being entered into with Sapphire Coast Autos Pty Ltd prior to any final lease date with the current lessee for their occupation of the site.

2. That Council provides in principle support and delegates to the Chief Executive Officer and Mayor the authority to execute the necessary tenure documentation, granting a 10-year land only tenure arrangement to Sapphire Coast Autos Pty Ltd for the occupation of existing lease site Lot 7 or Lot 8 DP 1257793 at Merimbula Airport for a commencing annual rental of $20.00 per m² plus GST, with an annual CPI increase, for the purposes of operating a car hire business and office space.

3. That Council notes a tenure arrangement will only be granted to Sapphire Coast Autos Pty Ltd following independent commercial negotiations with the existing lessees and once the existing car hire business building located on Lot 2 DP 1257793 is demolished.

4. That Council notes that unless existing lease sites Lot 7 or Lot 8 DP 1257793 are assigned to Sapphire Coast Autos Pty Ltd current lessees will be required to provide vacant possession to Council in accordance with current lease provisions.

5. That Council delegates to the Chief Executive Officer and Mayor the authority to execute licence documentation, granting a maximum 10-year non-exclusive licence agreement to Sapphire Coast Autos Pty Ltd for space adjoining lease site Lot 7 or Lot 8 DP 1257793 for a rate of $5.00 per m² plus GST with an annual CPI increase to accommodate car parking outside the lease area.

Executive Summary

The purpose of this report is to determine a preferred way forward for the Sapphire Coast Autos Pty Ltd car hire business, which currently operates from Merimbula Airport. This includes providing in-principle support to retain a hangar building on the existing lease site Lot 7 or Lot 8 DP 1257793, allowing Sapphire Coast Autos Pty Ltd to pursue commercial negotiations with existing lessees and hangar owners.

Providing support to retain a hangar building on the existing lease site Lot 7 or Lot 8 DP 1257793 will have implications on the adopted Merimbula Airport Master Plan 2043, which will need to be considered by Council and reviewed if this option is endorsed.

Background

Sapphire Coast Autos Pty Ltd (SCA) currently occupies LS-02 (Lot 2 DP 1257793) at Merimbula Airport and holds a lease from 1 July 2025 to 30 June 2026. They have been exploring future tenure options to ensure the continuation of their car hire business beyond the lease expiry.

There were discussions about SCA purchasing the Merimbula Aircraft Maintenance (MAM) hangar located on lease site LS-11 (Lot 11 DP 1257793) at Merimbula Airport. However, following Council’s Ordinary meeting on 16 October 2024 and the resolution to provide a 20-year extension of tenure to MAM, SCA has been exploring all other available options.

The current lease for SCA includes the following clause:

13. EXPIRY

13.1 The Lessee must vacate the Land:

(i) on the Expiry Date unless the Lessor approves of the Lessee’s continued occupation, or

(ii) on the earlier Termination of this Lease, and

and leave the Land in a condition satisfactory to the Lessor acting reasonably.

13.2 The Lessee may, at or prior to the expiry or earlier termination of this Lease or end of any holding over period, remove all or any of the Lessee's Property and any building, fixtures, improvements, alterations or additions that the Lessee has made on the Land.

13.3 At the expiry or earlier termination of this Lease, the Lessee must remove:

(i) any building, fixtures, improvements, alterations or additions that the Lessee has made on the Land, and

(ii) all advertisements, placards and signs which have been erected, affixed or displayed on the Land.

13.4 Anything the Lessee does under this clause is to be done with as little damage to the Land as possible and the Lessee is to restore the Land to the same or substantially the same condition as it was immediately prior to the thing was done (fair wear and tear excepted), to the satisfaction of the Lessor.

13.5 If the Lessee fails to remove from the Land any buildings, fixtures, improvements and additions erected by the Lessee within three (3) months of the expiry or earlier termination of this Lease, all such buildings, fixtures, improvements and additions shall become or remain the property of the Lessor.

13.6 The Lessee’s Property is at the Lessee’s risk at all times.

13.7 The Lessee must promptly make good any damage caused by the Lessee’s Property being removed from the Land.

13.8 On the day the Lessee must vacate the Land, the Lessee must give the Lessor the keys to the Land held by the Lessee and any given person they have given them to.

Given the time needed to progress a development application for the demolition of the hangar on LS-02, complete the demolition works, and establish a new site, SCA is seeking a resolution from Council regarding the provided options. This will enable them to commence their own commercial negotiations and due diligence to relocate their business.

Options

Council officers met with SCA and presented several options as follows:

1. Relocation and possible purchase of an existing landside hangar located on lease sites at Lot 7 or 8 DP 1257793 (Figure 1 below).

a. Note that this option has implications on the adopted Merimbula Airport Master Plan 2043 and will need to be considered by Council (Figure 2 below).

b. Servicing enquiries would need to be made to determine connections for power, water, sewer, and phone/internet. Existing services opposite Lot 7 or 8 DP 1257793 were connected without approval, so it is unlikely Council can allow a connection without significant work to check their status.

c. Headworks and usage charges would be payable, and a development application would need to be lodged and assessed.

2. Relocation to the southern end of the airport in the vicinity of Lot 7 or 8 DP 1257793 if a purchase of an existing landside hangar located on lease sites at Lot 7 or 8 DP 1257793 cannot be negotiated.

a. Note that all the same points outlined in 1a, b, and c above apply to this option.

3. Relocation to the new General Aviation Precinct.

4. New premises outside the Merimbula Airport.

A blueprint of a building

AI-generated content may be incorrect.

Figure 1: Plan showing Lot 7 and 8 DP 1257793 and lease sizes.

Figure 2: Diagram from Merimbula Airport Master Plan 2043 showing the proposed ground transport access concept and long stay parking area in the vicinity of lot 7 and 8 DP 1257793.

Community and Stakeholder Engagement

Engagement undertaken

As noted in the background section of this report, Council officers have had ongoing conversations with SCA. A formal letter was sent to SCA on 14 May 2024 regarding the potential purchase of the hangar on existing lease site LS-11 (Lot 11 DP 1257793) at Merimbula Airport. On 27 May 2024, Council officers met with SCA to address follow-up questions. SCA informed Council in writing on 25 July 2024 that they remained interested in purchasing the building, which MAM was willing to sell. Following the Council meeting on 16 October 2024, a formal letter was sent to SCA on 31 October 2024 to notify them of the Council's decision to provide an extension of tenure to MAM.

The options mentioned above were provided to SCA during a recent meeting on 18 March 2025. Following this meeting, on 19 March 2025, SCA formally advised Council of their preference to relocate to either the hangar on Lot 7 or Lot 8 DP 1257793 in the southern area of the airport precinct for an initial period of 10-years.

Engagement planned

If Council provides in-principle support for SCA to relocate to either hangar on Lot 7 or Lot 8 DP 1257793, it will be up to SCA to conduct independent commercial negotiations with the existing lessees. Council will not be a party to these negotiations.

Consultation with SCA and legal representatives will continue following the outcomes of this report to progress possible tenure arrangements.

Financial and Resource Considerations

As outlined in the report from the Council meeting on 20 March 2024, Council commissioned a commercial market rental assessment from Opteon Valuers in September 2022. This assessment forms the basis for the $20.00 per m² rate applied to lease sites and the $5.00 per m² rate applied to licence areas as agreed at the Council meeting on 20 March 2024.

Legal /Policy

A lease enables exclusive use over land for a specified term and purpose and is considered the best form of agreement if longer-term security of tenure is an important factor to the user of the land – such as where commercial uses are proposed, and major financial outlay is required.

Section 53 of the Real Property Act 1900 (NSW) (RP Act) provides that land leased for more than three years must be in the approved form and section 42(1)(d) of the RP Act and the Registrar-General’s Guidelines requires a lease for a term exceeding three years to be registered on title.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

The Merimbula Airport is a critical element of Council’s transport strategic direction and its management and the provision of RPT services into the future will be critical to ensure the best outcomes for the community.

Bega Valley Community Strategic Plan 2040:

B.5. Collaborate with stakeholders to develop and enhance the economic opportunities provided by the Port of Eden, Merimbula Airport, East-West freight corridor, tourism services and facilities.

D.8. Collaborate with relevant parties to grow the passenger numbers through key transport links at Merimbula Airport and Eden Port.

Delivery Program 2022 - 2025:

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

Environment and Climate Change

The new GA precinct has been designed and constructed with future sea level rise and flood modelling predictions in mind, unlike the existing lease sites, which did not account for these factors when originally constructed.

Economic

Merimbula Airport plays a vital role in the local economy, significantly contributing through tourism, recreational use, and business activities. Ensuring a well-functioning and sustainable airport at Merimbula is crucial for supporting the broader Bega Valley economy. Besides the substantial inbound traffic, the airport also handles considerable outbound business-related use.

Risk

There are significant financial and non-financial risks associated with this report, both in terms of the decisions Council makes and the implementation of resolutions. The Independent Commission Against Corruption (ICAC) provides guidance on ‘Direct Negotiations: Guidelines for Managing Risk’. As Council continues to navigate the process of resolving tenure arrangements, it is crucial to comply with relevant legislation and guidance to avoid any impropriety. This includes adhering to approved delegations from Council when undertaking negotiations and interactions with existing and potential tenants.

Council is also responsible both as the aerodrome owner and as the Aerodrome Certificate Holder to ensure the safe operation of the aerodrome and compliance with aviation legislation and must ensure that lease arrangements facilitate meeting this responsibility.

Social / Cultural

Merimbula Airport is vital to the Bega Valley from both social and cultural perspectives. It currently supports recreational use, which is expected to grow with the increased occupancy of the new GA precinct, as well as flight training. Additionally, the airport is crucial for our community, providing aeromedical services, disaster response, and facilitating education and health-related travel.

Attachments

Nil

Council 16 April 2025

Item 10.6

10.6. Audit, Risk and Improvement Committee Quarterly Report March 2025

The purpose of this report is to update on the activities of the Audit, Risk and Improvement Committee (ARIC) and present the quarterly report for the March 2025 meeting, along with the ARIC Strategic Work Plan 2024 – 2028, for Council endorsement.

Director Business & Governance

Officer’s Recommendation

1. That Council receive and note the Audit, Risk and Improvement Committee (ARIC) quarterly report from the March 2025 meeting.

2. That Council endorses the Audit, Risk and Improvement Committee Strategic Work Plan 2024 – 2028.

Executive Summary

The quarterly report following each ARIC meeting provides an update on the activities of the ARIC, supporting accountability and highlighting issues or emerging risks identified by the ARIC that may influence the strategic direction of the Council.

Every four years, ARIC is required to develop a strategic work plan to review all matters listed in section 428A of the Local Government Act 1993 (NSW) (LG Act). The ARIC Strategic Work Plan has been updated in consultation with ARIC and will replace the previous 2022 to 2026 plan.

Background

Ongoing reporting by the ARIC to the governing body is a requirement of the Guidelines for Risk Management and Internal Audit for Local Councils in NSW. Specifically, the ARIC must provide an update to the governing body of Council of its activities and opinions after every committee meeting. A copy of the ARIC March 2025 meeting quarterly report is included as an attachment in this business paper for the information of councillors.

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

Additionally, ARIC must plan and execute its work thoroughly to ensure comprehensive coverage of all Council activities and functions, thereby providing value for the assurance investment. Every four years, ARIC is required to develop a strategic work plan to review all matters listed in section 428A of the LG Act.

During the ARIC meeting on 21 January 2025, it was resolved to align the ARIC Strategic Work Plan with the current councillor’s term to comply with the Risk Management and Internal Audit Guidelines for local government in NSW. The ARIC Strategic Work Plan has been updated in consultation with ARIC and will replace the previous 2022 to 2026 plan. ARIC has approved the revised plan, which now requires endorsement by the Council's governing body for adoption.

Options

The options available to Council are:

1. Endorse the ARIC Strategic Work Plan as attached to the report dated 16 April 2025. Recommended.

2. Resolve to defer endorsement of the ARIC Strategic Work Plan, as attached to the report dated 16 April 2025 and provide advice on changes or further review in consultation with the ARIC Chair. Not recommended.

Community and Stakeholder Engagement

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

Engagement undertaken

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

The ARIC Strategic Work Plan has been updated in consultation with ARIC and will replace the previous 2022 to 2026 plan. ARIC has approved the revised plan, which now requires endorsement by the Council's governing body for adoption.

Engagement planned

The existing meeting arrangements will continue with the ARIC meetings scheduled to be held in June 2025, September 2025 and November 2025.

Financial and Resource Considerations

Membership to ARIC is a volunteer position under the adopted terms of reference of council. Minimal budget is provided for hosting quarterly meetings.

All other administration expenses are covered within general fund operational salaries and wages budget for staff to provide support to the function and reporting to the committee.

Legal /Policy

As described in the Guidelines for Risk Management and Internal Audit for Local Councils in NSW, Council`s ARIC must develop a Strategic Work Plan every four years to ensure that all matters listed in section 428A of the LG Act are reviewed by the committee and considered by the internal audit function when developing their risk-based program of internal audits. These include:

(a) compliance

(b) risk management

(c) fraud control

(d) financial management

(e) governance

(f) implementation of the strategic plan, delivery program and strategies

(g) service reviews

(h) collection of performance measurement data by the council, and

(i) any other matters prescribed by the regulation. ARIC must also provide information to Council for the purpose of improving Council’s performance of its functions.

The Guidelines further outline that the plan must be developed by the ARIC in consultation with the governing body, Chief Executive Officer and internal audit coordinator and adopted by the governing body at the start of the Council term.

The attached ARIC Strategic Work Plan 2024 – 2028 was developed in consultation with ARIC chair and forwarded to other ARIC members (which includes the ARIC councillor member) for their review and input.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

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

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

Core Business: Support the function of Council’s Audit, Risk and Improvement Committee (ARIC).

Environment and Climate Change

ARIC provides assurance through monitoring and evaluation of council’s risk management and audit functions, including assessment that strategic and operational environment risks are managed and climate change impacts considered in governance frameworks.

Economic

The diversity of ARIC member’s skills and experience contribute to the value of advice and probity in financial management and the contribution of council to the local economy.

Risk

Risk management is a key focus area of the committee terms of reference, and therefore a core set of skills that add value to the operation and advice provided by the committee to councillors and management.

ARIC must plan and execute its work thoroughly to ensure comprehensive coverage of all Council activities and functions, thereby providing value for the assurance investment. Every four years, ARIC is required to develop a strategic work plan to review all matters listed in section 428A of the LG Act.

Social / Cultural

Council as a key contributor to social and cultural infrastructure and services to the Bega Valley community. The function and benefit of independent members on the committee provide assurance that Council’s governance frameworks and decision making consider social impacts.

Attachments

1 ⇩. Audit Risk and Improvement Committee (ARIC) Quarterly Report March 2025

2 ⇩. Audit Risk and Improvement Committee (ARIC) Strategic Work Plan 2024 – 2028

Council 16 April 2025

Item 10.7

10.7. Adoption of 2025 - 2029 Community Engagement Strategy and Policy 6.16 Community Engagement

The draft 2025-29 Community Engagement Strategy and Policy 6.16 Community Engagement is presented for consideration following public exhibition.

Director Business & Governance

Officer’s Recommendation

1. That Council adopts the 2025-29 Community Engagement Strategy (Attachment 1) and Policy 6.16 Community Engagement (Attachment 2).

2. That Council receive and note the Community Engagement Strategy submissions (Attachment 3) and Policy submissions (Attachment 4) received during the public exhibition period and that Council officers advise those that made submissions during public exhibition of Council’s decision.

3. That the adopted 2025-29 Community Engagement Strategy and Policy 6.16 be published on Council’s website.

Executive Summary

At its meeting of 27 November 2024, Council resolved to place the Draft Community Engagement Strategy and Policy 6.16 Community Engagement on public exhibition for a period of no less than 28 days. The exhibition period was 27 November 2024 to 28 February 2025. A total of 13 submissions were received on the Draft Strategy and two submissions received on the Draft Policy.

This report is submitted for Council’s adoption, providing details on the submissions received and proposed revisions to the Draft Community Engagement Strategy. Copies of the 13 submissions received on the Draft Strategy and two submissions on the Draft Policy during the exhibition period along with Council Officer responses and a summary of recommended changes, are included as attachments to this report.

The Draft Community Engagement Strategy (Attachment 1) incorporates staff recommendations resulting from submissions received. There are no further proposed changes to Policy 6.16 Community Engagement resulting from public exhibition.

Background

Community Engagement Strategy

The Integrated Planning and Reporting (IPR) framework provides structure for NSW councils when planning for their communities. Community engagement and ongoing monitoring and evaluation are fundamental to the performance of Council.

The IPR guidelines describe the requirements for Community Engagement Strategies, which must include:

• Adherence to social justice principles of access, equity, participation, and rights

• Recognising stakeholder groups in the community

• Detailing the approaches that Council will use to interact with each of these groups

• Ensuring an ample amount of time to execute engagement effectively

All councils are required to prepare a Community Engagement Strategy (CES) to support development of all their plans, policies, programs and key activities. This includes those relating to IPR, as well as strategic plans and programs required under other legislation.

Engagement activities should be incorporated into one over-arching strategy that is exhibited and endorsed by Council.

The Community Engagement Strategy should be reviewed by the end of each local government election year as part of a broader review of the Community Strategic Plan (CSP). When adopted, the 2025-29 Community Engagement Strategy will replace the existing strategy adopted in 2019.

The 2025-29 Community Engagement Strategy provides a framework for Council to interact with diverse voices across our community. It replaces the existing Community Engagement Strategy endorsed by Council on 27 November 2019. It is noted that the existing 2019 Community Engagement Strategy no longer meets the IPR requirements.

The Community Engagement Strategy is central to Council’s community engagement framework, which aims to give the community a clear understanding of:

• Council’s commitment to engaging with the community

• How we will seek and respond to community input

• The types of engagement that suit the various activities

• How community input is utilised in decision making

• How community involvement shapes our actions

Policy 6.16 Community Engagement

On 27 November 2024, Policy 6.16 Community Engagement was endorsed by Council to be placed on public exhibition for a period not-less than 28-days.

The draft policy included updated information and references on its scope and purpose, policy statement, responsibilities and other related policies relating to the Draft 2025-29 Community Engagement Strategy.

The draft policy aligns with the purpose and objectives of community engagement for Integrated Planning and Reporting and public participation (IAP2) Frameworks. Two submissions were received during the exhibition period.

Options

Options available to Council are to:

1. Adopt the Draft 2025-29 Community Engagement Strategy and Policy 6.16 Community Engagement. Recommended.

2. Recommend further amendments to the Draft 2025-29 Community Engagement Strategy and Draft Policy. Councillors would need to identify and resolve on the proposed amendments.

Community and Stakeholder Engagement

Engagement undertaken

The exhibition period was 27 November 2024 to 28 February 2025, noting an extended period due to the Christmas/New Year holiday season. The draft Strategy was promoted at the same time as the draft Policy 6.16 Community Engagement, using various methods including electronic newsletters, social media, media release and Council’s website - Have Your Say page.

Targeted stakeholder engagement promoting the draft Strategy and Policy inviting submissions were issued by Council Officers via email to the following stakeholders:

• Sportsgrounds and sporting groups

• Swimming pools and swim clubs

• Schools

• Council Hall committees

• SECCA

• Service Clubs - lions clubs, RSLs, rotary clubs, SLSCs

• LALCs

• Council Access and Inclusion Committee

• Community groups (CWA, SEA, Pantry, Meals on Wheels etc)

• Community/village newsletters

• Builders, businesses and real estate agents.

Additionally, Council Officers met with the Halls committee working group as well, the draft strategy was distributed and discussed at a BEM LALC meeting.

A total of 13 submissions were received on the draft Strategy and two submissions received on the draft Policy. Copies of the submissions along with Council Officer responses and a summary of recommended changes, are included in Attachments 3 and 4.

Internal staff survey

In February 2024, a staff survey was conducted to determine which staff used the 2020 Community Engagement Toolkit (a staff toolkit) and how useful they found it and how it could be improved.

Respondents felt some of the content would be better contained in the Community Engagement Strategy and the 2020 toolkit be replaced with a handbook that staff can use in the development of their community engagement plan.

Based on this feedback, an updated 2025 Community Engagement Handbook has been developed. Council project officers are trialling this handbook and will continue to provide feedback on its usefulness. It is intended for the Staff Handbook to be publicly available on Council’s website, along with an adopted Community Engagement Strategy.

Engagement planned

No further engagement activity is planned for the draft Strategy or draft Policy. Once adopted, both documents will be publicly available on Council’s website.

Financial and Resource Considerations

The costs associated with individual engagement activities are determined on a project-by- project basis and budgeted across a range of Council areas on an annual basis. The Strategy provides guidance on the scale of engagement activities required for various engagement activities, to support efficient and effective use of resources.

There are no financial impacts to the adopted budget through provision of the Community Engagement Strategy and Policy. Any future work regarding training and awareness about this policy and the 2025-29 Community Engagement Strategy will be completed using approved budget.

The Communication and Engagement service and associated staff resource includes completion of this core requirement of meeting our legislative requirements. In addition, this team provides support to the organisation in consistently undertaking community engagement aligned with legislative requirements and the IAP2 spectrum.

Legal /Policy

Draft 2025-29 Community Engagement Strategy

This Strategy has been prepared in accordance with the 2021 Integrated Planning and Reporting (IPR) Guidelines for Local Government in NSW and includes a Community Participation Plan, a requirement of the Environmental Planning and Assessment Act 1979.

The Strategy meets all standards of the 2021 IPR community engagement guidelines and includes the following mandatory components:

• Includes social justice principles

• Scoping

• Stakeholders

• Methods

• Strategies

• Implementation

• Review and report

• Community Participation Plan.

Policy 6.16 Community Engagement

The review of the policy presented within this report is consistent with the requirements of Section 165 of the Local Government Act 1993, which states:

165 Amendment and revocation of local policy

(1) A council may amend a local policy adopted under this Part by means only of a local policy so adopted.

(2) An amending local policy may deal with the whole or part of the local policy amended.

(3) A council may at any time revoke a local policy adopted under this Part.

(4) A local policy (other than a local policy adopted since the last general election) is automatically revoked at the expiration of 12 months after the declaration of the poll for that election.

The review process ensures Council’s policies will be adopted within 12 months of the 2024 Local Government Election.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

The Strategy closely aligns with key elements of the following Council plans and strategies:

· Community Strategic Plan 2042 - Strategies A.1, A.2, C.3, D.1, D.4, D.5, E.2, E.3, E.7

· Delivery Program A1.3 – Support Council’s community consultation and engagement activities.

· Operational Plan 2023-24 A.1.31 – Review and update the Community Engagement Strategy and Toolkit (Staff Handbook).

Review and adoption of policies align with the following FY2024-25 integrated planning and reporting activity:

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

· Delivery Program A1.3 - Support Council’s community consultation and engagement activities.

· Delivery Program E2.2 - Improve communication about Council activities, decisions and achievements.

Environment and Climate Change

There are no direct environment and climate change impacts with the review and refinement of the Community Engagement Strategy and Policy.

Economic

There are no direct economic impacts with the provision of the Community Engagement Strategy, however it does provide a framework for Council to interact with diverse voices across our community and builds knowledge and understanding of the economic environment for various stakeholders.

Council is a significant contributor to the local economy, employing many residents and utilising the services of a range of local providers. Effective community engagement supports Council’s response through provision of services and infrastructure that support our local economy.

Risk

Effective community engagement supports informed decision making and reduces risks to Council. The Community Engagement Strategy assists Council to mitigate risk across its portfolio by inviting the community to contribute to Council business. It aims to ensure that engagement is meaningful, effective, and appropriate, and builds trust between Council and the community.

Council engagement activities aid in managing risk by fostering open communication and collaboration with the community. By involving the community in decision making, Council can identify potential issues early, gather diverse perspectives and build trust. This helps mitigates risks and ensures that solutions are well informed, leading to more resilient and cohesive communities.

Councils are required to review policies on a regular basis to ensure they are fit for purpose. This review meets the requirements to ensure Council has complied with the relevant clauses of the Local Government Act 1993.

Social / Cultural

There are no direct social or specific cultural impacts with the provision of the Community Engagement Strategy. The Strategy outlines Council’s commitment that all members of our community can actively contribute to civic life.

Our community is diverse, with people from a variety of backgrounds and a range of interests living, working and visiting our region. When planning community engagement, we analyse our stakeholders and seek those who might be interested in, impacted by, or benefit from a decision.

Community engagement is a vital component of Council’s decision-making process. It ensures that residents' voices are heard and considered. By actively involving the community, Council can make more informed and inclusive decisions that reflect the community's needs and aspirations. This enhances transparency and accountability and strengthens the connection between Council and the community.

Many Council’s activities and services have an impact on the social and cultural fabric of the Bega Valley community.

Council is consistently working towards achieving the community vision outlined in the Community Strategic Plan.

Attachments

1 ⇩. 2025-29 BVSC Engagement Strategy – AMENDED following public exhibition

2 ⇩. Policy 6.16 Community Engagement

3 ⇩. Submission Summary - Draft Community Engagement Strategy 2025-2029

4 ⇩. Submission Summary - Draft Policy 6.16 Community Engagement

Council 16 April 2025

Item 10.8

10.8. Enterprise resource platform - CIVICA altitude contract update

Council staff seek continued support and reaffirmation of the Chief Executive Officers delegations to represent Council in all matters relating to Council’s contract with enterprise resource platform provider, CIVICA.

Director Business & Governance

Officer’s Recommendation

1. That Council reaffirms endorsement of the Enterprise Resource Platform Contract as resolved on 19 April 2023.

2. That authority is delegated to the Chief Executive Officer to execute the documentation for ongoing contractual matters, such as variations and annual renewals for CIVICA Authority Altitude, Content Manager and subsequent variations to Council – CIVICA Agreement (this includes Payble and CIVICAs Data Warehouse solution) in line with adopted budgets of Council.

Executive Summary

Council has received the annual renewal for their enterprise resource platform, CIVICA Authority Altitude, and related services. This invoice is as expected and within the adopted budget allocations. In preparing the invoice for payment, the contract history was reviewed and it was decided that a progress update be provided to Council.

On 19 April 2023, the Council endorsed direct negotiations for an Enterprise Resource Platform. Following contract negotiations, on 12 April 2024, a 3-year SaaS contract for CIVICA Authority Altitude and Content Manager 10.1 was executed for $1,836,589.

A review of the decision in April 2023 identified that while the resolution implied CEO authority, it did not explicitly cover the resulting contract, focusing instead on approval to enter direct negotiations with CIVICA.

Council staff are recommending that council reaffirm the CIVICA contract as resolved on 19 April 2023 and confirm the Chief Executive Officer (CEO) is delegated authority to execute documentation for ongoing contractual matters such as variations and annual renewals for CIVICA Authority Altitude, Content Manager, and related agreements.

Background

Council have received the annual renewal for CIVICA Authority Altitude, Content Manager and subsequent variations to the BVSC – CIVICA Agreement (this includes Payble and CIVICAs Data Warehouse solution).

On review of the contract history, staff raised concern that the resolution of Council (2023), although implied, did not clearly provide CEO authority and delegation. The focus of the Council resolution was instead to enter direct negotiations with CIVICA for their Altitude offering, with the goal of entering an Agreement.

It is noted that the procurement processes of the current day (2025) have addressed this limitation and contract related resolutions of Council are now much clearer.

Contract History

Council endorsed direct negotiation and agreement on a single option for future Enterprise Resource Platform procurement activities on the 19 April 2023. (Council report found here Item 10.3. Minutes found here).

The contract was executed by CEO in April 2024, following BVSCs procurement processes of the day. The contract has been subsequently varied on three occasions, adding scope and increasing the total value and following the current procurement practices.

A summary of the contract history is provided below.

Date	Contract version	Value (ex GST)	Revised total value (ex GST)
12/04/2024	Initial Contract – Altitude and Content Manager environments + Implementation	$1,836,589	$1,836,589
08/05/2024	Variation #1 – Payble (full commitment for contract)	$240,075	$2,076,664
11/08/2024	Variation #2 – Altitude Go-Live weekend work	$8,932	$2,085,596
29/09/2024	Variation #3 – CIVICA Data Warehouse	$76,120	$2,161,716

Options

Council staff considered two options to progress the payment of the current annual invoice:

1. Continue to operate with the assumption that the Council resolution provided the required authority and delegation to the Chief Executive Officer as implied and process the invoice.

2. Seek Council reaffirmation of the 2023 resolution, providing transparency and accountability to Councils contract management practices and clarifying CEO delegations with regard to ongoing management of the enterprise resource platform contract.

Council staff believed Option 2 was the most appropriate, noting this also allowed the contract to be aligned with current day practices.

Therefore, the staff recommendation is that:

Council receive and note this report and reaffirm the intention of resolution 48/23 from 19 April 2023 is granting the CEO delegation and authority to act on behalf of Council in all resulting contract negotiations and management of the CIVICA contract.

Community and Stakeholder Engagement

There has been no external engagement undertaken in preparing this report.

Engagement undertaken

Following the receipt of the annual renewal invoice, Council staff in the Information Technology and Procurement teams have worked to review the Council resolution, previous and current procurement policies and the contract history. It is through this review process, that the staff recommendation has been developed.

Engagement planned

There is no further engagement planned.

Financial and Resource Considerations

The following table outlines the total costs of the contract, including variations to date.

Payment of the annual contract charges is budgeted within and sourced from business line budgets – IT, Records and Finance as well as allocations within the IT LTFP. The payment of the current and future year invoices has been planned and considering within the current budget allocations adopted by Council.

Item	$ Excl GST
Expenditure Detail
Initial contract - executed 12/04/2024	$1,836,589
Variation #1 – additional of Payble – executed 08/05/2024	$240,075
Variation #2 – Altitude Go-Live – executed 11/08/2024	$8,932
Variation #3 – CIVICA Data Warehouse – executed 29/09/2024	$76,120
Total Expenditure	$2,161,716

Source of Funds – General Fund
Approved budget from IT (Altitude + Data Warehouse)	$1,643,262
Approved budget from Finance (Payble)	$240,075
Approved budget from Records (Content Manager)	$278,379
Total income available	$2,161,716

Financial Option Impacts | Life Cycle Costing

As per the above table outlining the total costs, the annual commitments required to service this agreement are outlined below.

Ongoing Financial Impacts	$ Excl GST
Annual maintenance and operational costs: CIVICA Altitude + Data Warehouse + Content Manager	$604,005.07 + CPI + 2% each year
Annual maintenance and operational costs: Payble	$76,969.50

Legal /Policy

The resulting contract was entered into based on obligations outlined under Section 55 of the Local Government Act 1993 and the NSW Cyber Security Policy.

It is important to note that this relates to an executed contract which Council have obligations to make payments under. Failure to support the Council staff recommendation will result in contractual compliance issues and potential delays to our Enterprise Resource Platform (Altitude) project.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

The Enterprise Resource Platform is at the core of many of Council’s business operations, from client facing services, financial management, staff management, workflow management and in many cases our single source of truth.

The Enterprise Resource Platform underpins many of Council’s Community Strategic Plan (CSP), corporate strategies, Delivery Program (DP), and Operational Plan (OP) goals. The current Resource Strategy, adopted by Council in June 2022, including the Digital Strategy, is underpinned by the delivery of the upgrade to our Enterprise Resource Platform.

CSP Theme: Our Civic Leadership – Local leadership is strong, consultative, and responsive to our community needs.

CSP Strategy: E5. Council resources are managed in order to meet agreed service delivery standards and deliver value for money

Delivery Program: E5.1. Maintain and Support Councils workforce and implement the Workforce Strategy.

E5.3 Maintain and improve corporate information, communication and technology services and systems in alignment with the Digital Strategy.

E5.4 – Ensure good governance and effective practices in relation to procuring goods and services in support of the Procurement Improvement Plan 2021-25.

Operations Plan: E5.3.1 Establish ERP upgrade / replacement project

How the ERP supports this: Civica Authority is our source of truth for staff data, the outcomes identified in the Workforce Strategy rely on Civica Authority providing quality data, mobile capabilities, and holistic payroll. These outcomes will not be achieved within the timeframes defined (2022 – 2025).

Investment in Civica Authority Altitude provides an opportunity to progress the Digital Strategy foundations whilst also funding BAU operations.

Civica Authority is the source of truth for budgets and service delivery and contract management expenditure. Further investment in Authority will allow the implementation of the Contract Management module within Authority, further enriching our financial data and ability to manage our services.

Environment and Climate Change

There are no new environment or climate impacts associated with this report, the original report to Council (attached) can be referenced for details surrounding the Altitudes environment and climate change impact.

Economic

There are no economic impacts associated with this report. The funding is approved and available for the continuation of this contracted service. Failure to support the staff recommendation will result in payment delays for our vendor, CIVCIA and potential contractual penalties for Council.

Risk

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

· Effective Civic Leadership and Financial Sustainability: bringing this matter to Council, demonstrates transparency and our commitment to both civic leadership and financial sustainability. Council staff have acknowledged the need for administrative clarification and are mitigating regulatory consequences in bringing this back to Council.

· Cyber Security: Upgrading our enterprise resource platform and moving to modern technologies is a key mitigating control in managing our Cyber Security risk exposure.

Social / Cultural

There are no new social or cultural risks associated with this report.

It is acknowledged that the enterprise resource platform upgrade project is providing the foundations to establish greater digital connectivity with our community, and it is expected this will provide positive social outcomes.

Attachments

1 ⇩. Decision on future of Councils Enterprise Resource Platform 2023

Council 16 April 2025

Item 10.9

10.9. Quarterly Budget Review Statement (QBRS) March 2025 Q3

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 March 2025 Quarterly Budget Review Statement (QBRS).

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 March (Q3) Quarterly Budget Review Statement.

In summary, the QBRS report for the quarter ending 31 March 2025 provides the following projected results:

· Total Income increased by $1.8m

- Rates and Charges increased by $0.3m

- User fees and charges decreased by $0.1m

- Interest and Investment revenue increased by $1.5m

- Operational grants increased by $3.6

- Capital grants decreased by $3.7m

· Expenses decreased by $3.1m

- Employee benefits and on-costs decreased by $2.0m

- Materials and services decreased by $1.1m

· Consolidated net operating result before grants and contributions provided for capital purposes has a projected surplus of $1.5m

· Capital expenditure decreased by $12.6m

- Buildings decreased $7.5m

- Roads, bridges and footpaths increased $2.3m

- Open space/recreational assets decreased by $2.5m

- Pools decreased by $0.3m

- Other structures decreased by $2.4m

- Water supply network decreased by $2.0m

- Sewer supply network decreased by 0.2m

· The revised projected cash figure at 30 June 2025 is expected to be $107.3m with external restrictions of $61.3m.

The Responsible Accounting Officer reports that the March 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. The Q3 budget review is a critical process that informs the development of the budget for the following financial year.

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 $5.0m since the December quarterly review. The revised March budget is projecting a surplus of $49.1m. The consolidated net operating result before grants and contributions provided for capital purposes has improved by $8.7m, resulting in a projected surplus of $1.5m.

Income streams have seen an increase in rates and charges $0.3m decrease in fees and charges of $0.1m and an increase in investment income of $1.5m.

Operational Grants have increased by $3.6m. Included in the total amount are new grants, previously received grants and new grants transferred to contract liability.

Capital Grants decreased by $3.7m. Included in the total are new grants, previously received grants and new grants transferred to contract liability.

Expenses decreased by $3.1m.

Employee costs decreased by $2.0m due to transferring wages from operational to capital projects and staff vacancies. Materials and services decreased by $1.1m. The largest movement being a reduction of NDIS Operations expense of $0.9m, 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	34,682,066	3,613,549	38,295,615
Water Fund	3,609,211	515,594	4,124,805
Sewer Fund	5,895,116	821,305	6,716,421

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	(9,033,501)	7,331,373	(1,702,128)
Water Fund	(2,428,816)	515,594	(1,913,222)
Sewer Fund	4,258,366	821,305	5,079,671

Capital

Capital expenditure is estimated to decrease by $12.6m in the March QBRS to $103.2m. The largest movements were in Buildings- Bega Sporting Complex of $7.7m, Open Space/Recreational - Merimbula Boardwalk of $1.0m and the Water supply network of $1.9m due to projects being deferred to next financial year.

Cash and Investments

Council had cash and investments of $150.7m at 31 March 2025. The revised projected cash figure at 30 June 2025 is expected to be $107.3m of which $61.3m 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 Q3 2025

Council 16 April 2025

Item 10.10

10.10. Certificate of Investment March 2025

This report details Council’s cash and investments at 31 March 2025.

Director Business & Governance

Officer’s Recommendation

1. That Council receive and note the report on Council’s investment position at 31 March 2025.

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) and clause 212 of the Local Government (General) Regulation 2021.

On 31 March 2025 the total capital value of cash and investments was $150,664,124.97 with 92% of Council’s investment portfolio directed to term deposits and the remainder held in cash deposit accounts. The following is investment information by fund:

Fund	March-2025 ($’000)
General Fund	59,051
Water Fund	26,017
Sewer Fund	65,596
TOTAL	150,664

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 Council’s cash and investments held at 31 March 2025 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	-	-	4.10	6,521,170.42
Commonwealth Bank (At Call cash account)	AA-	CASH	-	-	4.15	5,000,000.00
NSW Treasury Corporation (Strategic Cash Fund)	AA-	CASH	-	-	-	142,954.55
ING Bank (Australia) Ltd	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 Bank	AA-	TD	30/11/2023	13/05/2025	5.40	3,000,000.00
ING Bank (Australia) Ltd	A	TD	28/05/2024	28/05/2025	5.27	3,000,000.00
ING Bank (Australia) Ltd	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
BOQ	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 Bank	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 Bank	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 Bank	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
BOQ	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
NAB	AA-	TD	28/01/2025	28/01/2026	4.90	2,500,000.00
Westpac	AA-	TD (G)	08/02/2024	09/02/2026	4.84	5,000,000.00
ING Bank (Australia) Ltd	A	TD	11/03/2024	11/03/2026	4.85	5,000,000.00
NAB	AA-	TD	18/12/2024	15/04/2026	4.89	2,000,000.00
Westpac	AA-	TD	28/06/2024	28/04/2026	5.20	2,500,000.00
ING Bank (Australia) Ltd	A	TD	25/09/2024	25/05/2026	4.53	5,000,000.00
BOQ	A-	TD	31/01/2024	26/05/2026	4.80	2,000,000.00
Westpac	AA-	TD	25/02/2025	15/06/2026	4.62	5,000,000.00
BOQ	A-	TD	28/05/2024	28/07/2026	5.00	5,000,000.00
ING Bank (Australia) Ltd	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
BOQ	A-	TD	28/05/2024	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 Bank	AA-	TD	11/01/2024	11/01/2027	4.88	2,000,000.00
NAB	AA-	TD	25/02/2025	25/02/2027	4.55	5,000,000.00
ING Bank (Australia) Ltd	A	TD	25/09/2024	25/03/2027	4.50	2,000,000.00
NAB	AA-	TD	26/02/2025	05/04/2027	4.50	5,000,000.00
BOQ	A-	TD	20/03/2025	11/05/2027	4.49	3,000,000.00
BOQ	A-	TD	06/03/2025	11/05/2027	4.55	3,000,000.00
Westpac	AA-	TD	28/02/2025	16/06/2027	4.50	3,000,000.00
BOQ	A-	TD	20/03/2025	08/07/2027	4.49	2,000,000.00
BOQ	A-	TD	06/03/2025	08/07/2027	4.55	2,000,000.00
BOQ	A-	TD	28/02/2025	13/10/2027	4.50	2,000,000.00
ING Bank (Australia) Ltd	A	TD	28/02/2025	28/02/2029	4.70	2,000,000.00
Total cash and investments						$150,664,124.97

Table 2: Interest from Cash and Investments
Interest earned for March 2025	$603,662
Financial year to date interest earned	$4,878,203
Revised Budgeted interest for 2024/2025 financial year (QBRS Q3)	$5,500,000
Percentage of the 2024/2025 budget earned by Council	89%

Council’s investment portfolio is largely directed towards term deposits (92%). The remainder of the portfolio is held in cash deposit accounts with CBA and TCorp (8%).

The investments held by Council remain sufficiently liquid with 53% of investments maturing within the next 12 months.

Council’s cash and investment portfolio has a weighted average maturity of 415 days.

For the month of February, the investments held by Council provided a return of 5.05% p.a. This annualised performance exceeded the monthly RBA cash rate of 4.10% and the AusBond Bank Bill index of 4.16%. The below table represents the annualised performance of council’s investment portfolio.

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With the potential for additional interest rate cuts in the future and the maturing of higher yielding term deposits over the next 9 months Council has been attempting to lock in rates across 1–5-year tenors. This aims to provide some protection against potential lowering rates.

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	January-2025	February-2025	March-2025
General Fund	49,665	59,313	59,051
Water Fund	27,259	27,846	26,017
Sewer Fund	64,558	67,179	65,596
TOTAL	141,482	154,338	150,664

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

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

The value of outstanding government grant debtors on 31 March 2025 is $2,606,490 with $439,142 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 March 2025, 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 Council’s compliance to these measures.

Risk management means our investments are made giving regard to key criteria of counterparty, credit quality and maturity compliance.

At 31 March 2025, 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

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	16 April 2025
*Item 8.1 - Attachment 1*	Proposed Subdivision Plan

Council	16 April 2025
*Item 8.1 - Attachment 2*	Assessment Report

Council	16 April 2025
*Item 8.1 - Attachment 3*	Draft Notice of Determination

Council	16 April 2025
*Item 8.2 - Attachment 1*	Proposed Plans

Council	16 April 2025
*Item 8.2 - Attachment 2*	Road widening land dedication

Council	16 April 2025
*Item 8.2 - Attachment 3*	Section 4.15 Assessment Report

Council	16 April 2025
*Item 8.2 - Attachment 4*	Summary of Submissions

Council	16 April 2025
*Item 8.2 - Attachment 5*	Draft Notice of Determination

Council	16 April 2025
*Item 8.3 - Attachment 1*	Development assessment service review - draft scope

Council	16 April 2025
*Item 9.1 - Attachment 1*	Waste Strategy 2025 - 2035 Resources, Not Waste

Council	16 April 2025
*Item 9.1 - Attachment 2*	HSY Listening Report 2025 - Waste Strategy 2025-2035 Resources Not Waste

Council	16 April 2025
*Item 9.2 - Attachment 1*	Access and Inclusion Advisory Committee meeting minutes 12 November 2024

Council	16 April 2025
*Item 9.2 - Attachment 2*	General Community Hall Committee meeting minutes 26 November 2025

Council	16 April 2025
*Item 9.2 - Attachment 3*	Cemetery Advisory Committee meeting minutes 28 November 2024

Council	16 April 2025
*Item 9.2 - Attachment 4*	S355 General Sportsground Quarterly Committee Meeting minutes 02 December 2024

Council	16 April 2025
*Item 9.3 - Attachment 1*	Draft Wolumla Flood Study for public exhibition 26 March 2025

Council	16 April 2025
*Item 9.3 - Attachment 2*	Draft Wolumla Flood Study Map Compendium for public exhibition 26 March 2025

Council	16 April 2025
*Item 9.4 - Attachment 1*	Full Wintersun Application 2025_Redacted

Council	16 April 2025
*Item 9.4 - Attachment 2*	Anzac Day Application Merimbula Pambula Wolumla 2025 Redacted

Council	16 April 2025
*Item 9.4 - Attachment 3*	Bega Valley Rally 2025_Redacted

Council	16 April 2025
*Item 9.4 - Attachment 4*	Merimbula Airport signage May 22

Council	16 April 2025
*Item 9.4 - Attachment 5*	Community Consultation Letter- Imlay Street Eden

Council	16 April 2025
*Item 9.5 - Attachment 1*	DPI fact sheet- Role of local councils in cattle underpass scheme 2022

Council	16 April 2025
*Item 9.6 - Attachment 1*	Options Assessment - The Promenade Playground

Council	16 April 2025
*Item 9.7 - Attachment 1*	George Brown proposed pavillion upgrades 25 March 2025

Council	16 April 2025
*Item 10.2 - Attachment 1*	Procedure 4.10.10 EV Charging infrastructure on Public Land

Council	16 April 2025
*Item 10.2 - Attachment 2*	Office of Energy and Climate Change Electric Vehicle Charging Feasibility Study 2023.10.13

Council	16 April 2025
*Item 10.3 - Attachment 1*	Easement Plan Lot 22 DP 1137736

Council	16 April 2025
*Item 10.6 - Attachment 1*	Audit Risk and Improvement Committee (ARIC) Quarterly Report March 2025

Council	16 April 2025
*Item 10.6 - Attachment 2*	Audit Risk and Improvement Committee (ARIC) Strategic Work Plan 2024 – 2028