Agenda of Council - Wednesday, 21 May 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 21 May 2025

Item 8.1

8.1. Endorsement of Bega Urban Land Release Planning Proposal

This report seeks a Council resolution to submit a planning proposal to the Department of Planning, Housing and Infrastructure which seeks to rezone land south of Bega for residential, commercial and public recreation purposes.

Director Community Environment and Planning

Officer’s Recommendation

1. That Council resolves to support the planning proposal for the Bega Urban Land Release Area (Attachment 1).

2 That Council endorses submission of the planning proposal (Attachment 1) and supporting information to the Department of Planning, Housing and Infrastructure requesting a Gateway Determination under Section 3.34 of the Environmental Planning and Assessment Act 1979.

3. That following Gateway Determination, the planning proposal be placed on public exhibition.

4. That a further report be presented to Council to advise of the feedback to the planning proposal received during public exhibition.

Executive Summary

The purpose of this report is to seek Council’s approval to lodge a planning proposal with the NSW Department of Planning, Housing and Infrastructure. The planning proposal seeks to rezone approximately 279ha of land that is currently zoned rural, rural residential or productivity support to a mix of low density and rural residential, commercial and public open space zones.

If approved, the planning proposal will facilitate approximately 2,200 residential lots through future development applications. The planning proposal implements the recommendations of the adopted Bega Structure Plan, with some minor refinements.

Background

The Bega Structure Plan was developed to guide future land use and development in the Bega urban release areas. The plan was developed by specialist consultants in consultation with Councillors, Council officers, government agencies, landowners and the community, and was adopted by Council on 12 June 2024.

The Bega Structure Plan assessed the suitability of land south of the existing town for future urban residential development, analysed the opportunities and constraints to urban growth in the area, and details how Council’s objectives can be addressed through future development of three new neighbourhoods in the area.

It is estimated that an additional 1,070 homes will be required in the Bega Valley Shire within the next 14 years. The aim of the structure plan is to accelerate the provision of development ready land to meet the shire’s current and future housing needs, and detail where and how residential growth and development will occur.

Following on from the structure plan, the planning proposal will facilitate the delivery of around 2,230 dwellings, which is in the order of 25-30 years supply.

Preparation of the planning proposal was informed by specialist studies relating to flooding, biodiversity, land use conflict, Aboriginal cultural heritage, transport and bushfire. Recommendations from these studies and advice from NSW Government agencies resulted in several minor changes to the zoning scheme recommended in the Bega Structure Plan. These include:

· relocation and boundary adjustments to proposed RE1 Public Recreation zones

· relocation of one of the proposed E1 Local Centre zones

· retention of the existing RU1 Primary Production zoning over some land, the SP2 Infrastructure zoning over Council water and sewer infrastructure, and the RE1 Public recreation zone for Old Bega Hospital

· retention of the existing zone over all land within the probable maximum flood (PMF) or within riparian buffers

· expansion of the R5 Large Lot Residential zone to match property or existing zone boundaries where feasible

· exclusion of land already zoned E3 Productivity Support from the planning proposal.

Proposed development standards

The planning proposal seeks to rezone approximately 279ha of land that is currently zoned rural, rural residential or productivity support to a mix of low density and rural residential, commercial and public open space zones.

Under the proposed zoning, approximately 168 ha will be zoned low density residential and 81ha will be zoned rural residential, creating a potential supply of 2,163 dwellings. In addition, 12 ha of commercial zones will provide opportunities for a range of commercial uses to service future residents and enable around 55 new homes in the form of shop-top housing or mixed-use development. 18ha of public open space is also proposed in three separate locations. It is likely that a primary school will also be required in the eastern portion of the release area.

Figures 1 and 2 illustrate the current and proposed land use zones. The impacted land is identified in red outline.

A map of a neighborhood

Description automatically generated

Figure 1: Bega Urban Land Release planning proposal – existing zones.

Figure 2: Bega Urban Land Release planning proposal – proposed zones.

Table 1 below outlines the current and proposed zones and development standards as well as additional clauses that are proposed to apply to the land.

Table 1: Current and proposed land use zones, development standards and local clauses

Current zone and standards	Proposed zone and standards	Proposed additional clauses
RU1 Primary Production 120ha minimum lot size No floor space ratio 10m maximum building height	R2 Low Density Residential 550sqm minimum lot size 0.5:1 floor space ratio 10m maximum building height	Affordable Housing Contributions Urban Land Release Area clauses
	E1 Local Centre No minimum lot size No floor space ratio 14m maximum building height	Urban Land Release Area clauses Clause 6.11 Residential accommodation in mixed use development
	RE1 Public Recreation No minimum lot size No floor space ratio 10m maximum building height	Urban Land Release Area clauses
RU2 Rural Landscape 120ha minimum lot size No floor space ratio 10m maximum building height	R2 Low Density Residential 550sqm minimum lot size 0.5:1 floor space ratio 10m maximum building height	Affordable Housing Contributions Urban Land Release Area clauses
	R5 Large Lot residential 5,000sqm minimum lot size No floor space ratio 10m maximum building height	Affordable Housing Contributions Urban Land Release Area clauses
	RE1 Public Recreation No minimum lot size No floor space ratio 10m maximum building height	Urban Land Release Area clauses
R5 Large Lot residential 5,000sqm / 1ha minimum lot size No floor space ratio 10m maximum building height	R2 Low Density Residential 550sqm minimum lot size 0.5:1 floor space ratio 10m maximum building height	Affordable Housing Contributions Urban Land Release Area clauses
	RE1 Public Recreation No minimum lot size No floor space ratio 10m maximum building height	Urban Land Release Area clauses
E3 Productivity Support No minimum lot size No floor space ratio 14m maximum building height	E2 Commercial Centre No minimum lot size No floor space ratio 14m maximum building height	Urban Land Release Area clauses Clause 6.11 Residential accommodation in mixed use development
	E1 Local Centre No minimum lot size No floor space ratio 14m maximum building height	Urban Land Release Area clauses Clause 6.11 Residential accommodation in mixed use development

Urban Release Area Clause

The planning proposal includes two NSW Department of Planning, Housing and Infrastructure model applied clauses that apply to urban release areas. The intent of these clauses is to ensure development in a new urban release area occurs in a logical and cost-effective manner and is adequately serviced.

The clauses prohibit development proceeding in the area unless the developer has demonstrated that the required supporting infrastructure (water, sewer, utilities, required road upgrades) is available or adequate arrangements are in place. The clauses also require a staging plan and development control plan to be prepared before any approvals can be granted. These plans can be prepared by either the applicant or Council.

Affordable Housing Contributions Scheme

The Bega Affordable Housing Feasibility Analysis prepared by Atlas Economics demonstrated that levying contributions via an affordable housing contributions scheme can be undertaken without adversely affecting development feasibility where planning proposals decrease the minimum lot size (allowing for more subdivision potential) in the Bega Valley Shire.

A draft affordable housing contribution scheme has been prepared to accompany the planning proposal that applies to land that is rezoned to increase the residential capacity. Under the draft scheme, Council can accept affordable housing contributions in the form of monetary contributions, completed dwellings or land, depending on the individual circumstances.

In accordance with findings of the Bega Affordable Housing Feasibility Analysis, a contribution rate of 2% is proposed to apply to land that is rezoned to R2 Low Density Residential or R5 Large Lot Residential zoning. Where the contribution is to be cash instead of land, the contribution rate is proposed at $300 per sqm in the R2 zone and $112 per sqm in the R5 zone.

The draft scheme implements a phased introduction of contributions over a six-year period (see Table 2). This approach assists with development feasibility because it allows developers to factor-in the contribution requirement into their feasibility studies and negotiations with landowners, ensuring that an appropriate price is paid for a development site. Natural market growth will also result in a lift to revenue levels, helping to offset the additional cost of the contribution.

Table 2: Phase-in Period of Contribution Rates

Year of Commencement (from finalisation of planning proposal)	Contribution
Year 1	Nil
Year 2	0.5%
Year 3	1.0%
Year 4	1.0%
Year 5	1.5%
Year 6	2.0% (Fully Implemented)

Under the draft scheme, the following development types would be exempt from providing an Affordable Housing Contribution: social and affordable housing, group homes, hostels, subdivision that does not create an additional lot, community facilities and non-residential development.

Clause 6.11 Residential accommodation in mixed use development

Clause 6.11 of Bega Valley Local Environmental Plan 2013 ‘Residential accommodation as part of mixed-use development in Zones E1 and E2’ enables appropriate residential development in certain commercial zones. However, the clause only applies to land in Zone E1 Local Centre and Zone E2 Commercial Centre identified on the Local Clauses Map.

The planning proposal will add the land proposed for E1 and E2 zoning to this map to enable development of dwelling houses, dual occupancies, multi dwelling housing and residential flat buildings where they are part of a mixed use (commercial and residential) development.

Options

Options available to Council are to:

1. Resolve to support the planning proposal and forward it to the Department of Planning, Housing, and Infrastructure for Gateway Determination. This is the recommended option.

2. Resolve to support the planning proposal with amendments and forward it to the Department of Planning, Housing, and Infrastructure for Gateway Determination. This option is not recommended because the planning proposal has been developed based on the results of detailed specialist studies and extensive consultation with NSW Government Agencies.

3. Resolve not to support the planning proposal. This option is not recommended as the planning proposal will facilitate the provision of new housing in the Bega Valley Shire.

Community and Stakeholder Engagement

Engagement undertaken

The draft Bega Structure Plan was exhibited from 3 November to 3 December 2024. A total of 228 survey responses and 17 other public submissions were received. This feedback along with commentary from the NSW Department of Education, NSW Department of Primary Industry, NSW Rural Fire Service and Transport for NSW was detailed in Council report 8.2. Adoption of Bega and Wolumla Structure Plans presented to the Council meeting of 12 June 2024.

Councillors were briefed by the consultants who prepared the planning proposal on 12 March 2025. Councillors also participated in two workshops on the draft structure plan in August and September 2023.

Councillors were briefed by the consultants who prepared the affordable housing contributions scheme on 22 January 2025.

Engagement was undertaken in the development of the planning proposal with:

- impacted landowners

- Bega Local Aboriginal Land Council

- Djirringanj Elders Federation and other Registered Aboriginal Parties

- Transport for NSW

- Transgrid

- NSW Rural Fire Service

- NSW State Emergency Service

- Southern NSW Local Health District

- NSW Environment Protection Authority

- NSW Department of Primary Industries

- NSW Department of Planning, Housing and Infrastructure

- NSW Department of Education

- Heritage NSW

- Biodiversity and Conservation Science and Licencing and Approvals divisions of NSW Department of Climate Change, Energy, the Environment and Water.

In addition to the owners of the 26 impacted properties, 21 other landowners in the vicinity of the planning proposal area were also notified of the project and the preparation of specialist studies. Details of the engagement to date is contained in the Consultation Summary Report, provided as Attachment 2 to this report.

A community briefing was held by Council’s Chief Executive Officer (CEO) in December 2024. A project page is available on Council’s website which contains information about the project including links to relevant documents, the CEO’s community briefing, and frequently asked questions that provide more information about the process.

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

A staff member attended the Bega Saleyard Stakeholder Advisory Group to discuss the rezoning on 4 February 2025.

All affected landowners were notified of this report to Council.

Engagement planned

If the planning proposal receives Gateway approval, community consultation will be consistent with the requirements of the Bega Valley Shire Community Engagement Strategy, being a minimum exhibition timeframe of 28 days, or as specified by the Gateway Determination. Public exhibition of the planning proposal will include notification on Council’s website and in writing to affected and adjoining landowners.

A consultation plan will be developed, building on the issues raised in responses to the Bega Structure Plan and providing background to the decision-making that has led to the planning proposal, what work is required in the future and supporting infrastructure provision.

Details of the planning proposal and engagement process will be shared via Council’s newsletter, social media, a media release, posters with QR codes in public areas, and digital advertising in the Bega District News and Merimbula News Weekly. Members of the community will be encouraged to provide feedback through Council’s ‘Have Your Say’ page or write to Council.

Financial and Resource Considerations

Except for community consultation costs, the planning proposal was wholly funded by a $250,000 grant from Round 2 of the NSW Department of Planning, Housing and Infrastructure’s Regional Housing Strategic Planning Fund. Council’s contribution to the project was by way of specialist staff, provision of available data, preparation of technical studies and community consultation costs, undertaken within Council’s existing resources and budget for the 2023-24 and 2024-25 financial years.

The preparation of the Bega Structure Plan was also funded by the NSW Government through the Regional Housing Strategic Planning Fund.

Legal /Policy

The planning proposal has been prepared in accordance with section 3.33 of the Environmental Planning and Assessment Act 1979 and the Local Environmental Plan Making Guidelines (August 2023).

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

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

The planning proposal is consistent with the directions of the South East and Tablelands Regional Plan 2036 and Draft South East and Tablelands Regional Plan 2041.

Environment and Climate Change

The planning proposal will help achieve a resilient shire by planning for growth in a way that protects our natural systems, responds to natural hazards, and creates liveable and connected places. The proposed rezoning will facilitate sustainable development and growth through enabling the delivery of enduring and resilient housing.

Economic

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

Risk

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

Social / Cultural

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

Attachments

1 ⇩. Bega Urban Release Planning Proposal

2 ⇩. Consultation Summary Report

Council 21 May 2025

Item 8.2

8.2. Fire Safety Inspection Reports

This report provides recent Fire and Rescue NSW (FRNSW) inspection reports for the Bega Valley pursuant to Schedule 5 Part 8, Clause 17(2) of the Environmental Planning and Assessment Act 1979.

Director Community Environment and Planning

Officer’s Recommendation

That Council note the report and associated attachments.

Executive Summary

Council is in receipt of inspection reports issued by Fire and Rescue NSW (FRNSW) regarding the fire safety of two (2) buildings located in the Bega Valley Shire.

Council officers will review the inspection reports, determine the necessary course of action in line with operational priorities, and inform FRNSW of any actions taken by Council officers to address the concerns in due course.

Background

FRNSW is empowered under the Environmental Planning and Assessment Act 1979 (EP&A Act) to undertake fire safety inspections of a building.

If FRNSW is of the opinion that adequate provision for fire safety has not been made, FRNSW may make recommendations for additional works to be carried out in a report to Council.

Pursuant to Schedule 5 Part 8, Clause 17(2) of the EP&A Act:

"17(2) A council must table any report and recommendations it receives under this clause at the next meeting of the council".

This report is being tabled in accordance with the above requirement.

Options

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

Community and Stakeholder Engagement

Engagement undertaken

Council staff have liaised with FRNSW regarding their submitted correspondence (ongoing), however engagement with other affected stakeholders has not occurred to date as it is subject to pending further discussions with FRNSW.

Engagement planned

Council staff plan to further engage with FRNSW before considering communication with potentially affected stakeholders such as property owners. It is noted that FRNSW have powers to require the rectification of deficient fire safety equipment under Part 8, Section 16 of the Environmental Planning and Assessment Act 1979 and this will be the focus of staff discussions with FRNSW going forward.

Financial and Resource Considerations

There are potential financial and resource implications for Council arising from the requests from FRNSW. While Council could write letters to the property owners requesting compliance (minimal cost and impact on current resourcing), for Council to issue orders or fully enact the recommendations of FRNSW, personnel with specialist credentials in fire safety compliance may need to be engaged. This could present a potentially significant cost to Council, noting it appears FRNSW has powers to require the rectification of deficient fire safety equipment, independent of Council, under Part 8, Section 16 of the Environmental Planning and Assessment Act 1979.

Legal /Policy

FRNSW is empowered under the Environmental Planning and Assessment Act 1979 (EP&A Act) to undertake fire safety inspections of a building.

Pursuant to Schedule 5 Part 8, Clause 17(2) of the EP&A Act:

"17(2) A council must table any report and recommendations it receives under this clause at the next meeting of the council."

Council may instigate legal action to enforce compliance with Orders relating to fire safety where appropriate. This would have cost and resourcing implications for Council.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

The recommendations of this report align with the following Community Strategic Plan Objective:

Our shire continues to be a safe and affordable place to live

Strategy A.8 Ensure community safety is planned for and partner with other agencies to address issues related to community safety

Environment and Climate Change

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

Economic

There are no broad economic impacts to Council or the community from the recommendations of this report.

Risk

It is important for Council to display consistency in its application of legislation subject to the merits of each case.

In practice, Council has some discretion in determining how compliance with planning legislation occurs, however fire safety poses significant risk to human life and property when it is not maintained to required standards.

Subject to the outcome of further discussions between staff and FRNSW, Council may be required to take formal action under the Environmental Planning and Assessment Act 1979 to ensure that inadequate fire safety measures within the identified premises attached to this report are addressed as a priority.

Social / Cultural

Ensuring that buildings are safe, healthy and compliant with relevant planning and building law is important to ensure that occupants are living in conditions that meet the minimum standard for occupation in NSW.

Attachments

1 . Inspection report one (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.

2 . Inspection report two (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 21 May 2025

Item 9.1

9.1. Request for Tender (RFT) 2425-089 - Upper Brogo Road Design and Construct Retaining Structure

This report outlines the evaluation of the Request for Tender (RFT) 2425-089 Upper Brogo Road Design and Construct 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 accepts the tender from <xxxx> in relation to contract for the works described in Tender RFT 2425-089, 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

Upper Brogo Road suffered damage during the December 2023 declared flood event, requiring repairs to the embankment. Council is seeking a qualified contractor to design and construct a 20-metre-long by 5-meter-high retaining structure to stabilise this embankment. The repair work will be fully funded by the Disaster Recovery Funding Arrangements (DRFA) to mitigate the risk of further damage to the 20-metre stretch of Upper Brogo Road 11.6km from the intersection with the Princes Highway.

Background

The embankment damage was recorded by the Disaster Recovery team on 13 February 2024 when it was observed that a 20-meter-long landslip had occurred as a result of the December 2023 flood event. The Disaster recovery team has closely monitored this site since it was identified, and further deterioration has been observed. The road shoulder has remained closed since Feb 2024 with signage in place.

A scope was prepared in consultation with Transport for New South Wales (TfNSW) who advised their preference to go out to market for a Design and Construct (D&C) retaining structure without specifying a preferred type of structure. TfNSW approval was received on 2 September 2024 for the following scope of works:

· Design and construct retaining structure approximately 20m long by 5m high.

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

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

· Construct structure to approved engineered drawing and specification.

· Install flexible or semi-flexible guideposts where required in pre-existing conditions.

The request for tender was issued on 10 January 2025. A site briefing was held on 21 January 2025 onsite, with six vendors attending. At tender close on 11 February 2024, eight submissions were received.

The tenders were evaluated according to price (40%) and non-price (60%) criteria. While price was still the highest weighted criteria its weighting was reduced due to:

· An indicative (maximum) budget being provided to prospective contractors.

· The need to complete these works quickly before further deterioration can occur.

· The risks associated with the unknown site conditions.

These considerations led to the proposed methodology with programme information being the highest 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 embankment and road pavement, non-compliance with deadlines and 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 after the contract has been awarded.

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 as the administering agency of the disaster recovery funding arrangements.

Internal engagement was undertaken with teams in Works and Assets, and Disaster Recovery.

Engagement planned

A letterbox drop to residents impacted by the works 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. Contact details will be provided so residents are able to discuss any concerns with the Disaster Recovery Team prior to work commencing.

A media release will also be issued from the Council’s communications team notifying the community of the timing and impact of the works. Local business as well as the emergency services will also be informed via email/phone calls at this time.

This project is anticipated to commence mid-June 2025 with completion mid-July weather pending.

During the construction period traffic will be reduced to single lane under traffic control. Residents can expect minor delays up to 10mins.

Detailed information relating to traffic management arrangements will be distributed via BVSC social media alerts to residents at a minimum two weeks prior to construction.

Financial and Resource Considerations

Item	$ Excl GST
Expenditure Detail
Upper Brogo Road Design and Construct 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	Refer Confidential Attachment
Project Funding Shortfall	Refer Confidential Attachment

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

Legal /Policy

The tender process conducted for RFT 2425-089 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 Upper Brogo Road and will reduce Council’s ongoing maintenance costs. This project will also reduce the likelihood of future landslips and subsequent road closures on Upper Brogo 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 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 Bega, Merimbula and Eden.

Attachments

1. Confidential Memorandum RFT 2425-089 Upper Brogo Road Design and Construct (Confidential - As this attachment contains commercial information of a confidential nature that would, if disclosed (i) prejudice the commercial position of the person who supplied it; or (ii) confer a commercial advantage on a competitor of the Council; or (iii) reveal a trade secret as per Section 10A(2)(d) of the Local Government Act 1993.

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

Council 21 May 2025

Item 9.2

9.2. Appointment of volunteer representatives to Central Waste Facility Consultative Committee

This report seeks Council’s approval to appoint new committee members to the Central Waste Facility (CWF) Consultative Committee, after having received nominations through a recent call for interest from the community.

Director Assets and Operations

Officer’s Recommendation

That Council appoint the following volunteers to the Central Waste Facility (CWF) Consultative Committee for the 2025-2026 term:

· Steven McGrath

· David Luck

· Chris Shearer

Executive Summary

The CWF Consultative Committee functions to provide a forum for information exchange and consultation between residents and Council regarding the operation of the Central Waste Facility.

This report seeks Council’s approval to appoint new committee members to Committee, after having received nominations through a recent call for interest from the community.

Background

In determining the application for development consent for the CWF, the Southern Region Joint Planning Panel also resolved that:

“BVSC form a Consultative Committee that includes three representatives of residents of the immediate locality, for the purposes of providing a forum for information exchange and consultation regarding the operation of the central waste facility.”

In response, a meeting quorum was established, and the inaugural meeting of the Consultative Committee held on 25 February 2014 at the Council Chambers in Bega.

According to the committee Terms of Reference (ToR), the committee is chaired by the Waste Services Manager, with membership comprising the Mayor or delegated Councillor representative, along with 3 members of the community residing within a nominal direct-line distance of 5km from the CWF.

Based on feedback from the previous committee members, the ToR have been updated to reflect that committee meetings will be held 3 times per year. Terms of appointment for community members are fixed at 2 years, to enable a fair opportunity for participation. The previously elected nominees attended their final meeting for the 2-year term in October 2024.

In February 2025, a call for nominations from the public was made for the next two-year term of appointment which unfortunately had no responses. Following this in April 2025 a second EOI was undertaken from which 3 nominations were received: Steven McGrath, David Luck, and Chris Shearer. All 3 have been deemed as eligible participants.

An email was received after the closure of the EOI period from a former committee member who stated that they could not access the link to register (noting it had already expired), but it was implied that they were interested in re-nominating.

A letter was also received from an eligible resident, confirming that they did not have capacity to join the committee, but were interested in staying connected through access to meeting minutes etc.

Options

Council has the option to:

1. Appoint the volunteers to the Central Waste Facility Consultative Committee, as recommended.

2. Not appoint some or all of the recommended volunteers to the Committee, and instead request that alternate nominees be appointed.

Community and Stakeholder Engagement

Engagement undertaken

A media release was prepared by Council’s communications team and published on 25 February 2025. This was picked up by multiple local media outlets, including Power FM and 2EC.

A dedicated ‘Have your say’ page with pre-populated Q&A was prepared and published on Council’s website, with links to Council’s waste strategy and consultative committee guidelines included. Community members interested in joining the committee could nominate for the committee directly from the Council website.

No interest was received during this initial EOI period.

Subsequently, a letter was mailed out was posted on 3 April 2025 to all residents within the 5km radius of the CWF (447 letters in total), advising of the call for interest in the Committee. The mail out was supported by an updated ‘Have your say’ page on Council’s website, and an updated media release on 9 April 2025.

Engagement planned

Minutes from CWF Consultative committee meetings are reported back to Council and are therefore publicly available.

Financial and Resource Considerations

The cost associated with establishing the committees, including expenses incurred for letters, website upgrades and media advertisements, has been met within existing Waste operations budgets.

Council officer time will be required to provide Secretariat support to the committees as has occurred in the past and is a part of the annual activities of Council.

Legal /Policy

It is not proposed that this committees be delegated power to exercise functions on Council’s behalf. The purpose of the committee is consultative and is not a committee of Council within the meaning of Section 355 of the Local Government Act 1993.

The chair of the committee may refer outcomes of committee meetings to Council or staff for consideration and execution, in accordance with the organisational delegations already endorsed by Council.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

A strategic objective of the Bega Valley Shire Community Strategic Plan 2042 is to be an informed and engaged community with a transparent, consultative, and responsive Council.

The Central Waste Consultative Committee is a good example of a strategy that allows Council to ensure the community has opportunities to actively engage and contribute in a timely manner to the things that affect their daily lives using relevant and varied communication channels.

Environment and Climate Change

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

Economic

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

Risk

The appointment of members to the advisory committees of Council is part of the regular business of Council. Maintaining an open and direct channel of communication with CWF neighbours gives Council staff an opportunity to engage with and respond to concerns about the site, and to help clarify those areas of the site operation that may be considered substandard. It also ensures ongoing compliance with the approved development consent and direction or objective of the Southern Region Joint Planning Panel.

The recommendation of this report does not introduce any new risks to Council.

Social / Cultural

Committees of Council are an instrument for facilitating open and transparent discussion about decisions proposed and made by Council. The CWF consultative committee can assist with improving public relations by providing an open and direct channel of communication with CWF neighbours about the site, whilst also giving Council staff an opportunity to identify, respond to and rectify concerns.

Attachments

1 ⇩. Letter Call for Expressions of Interest for CWF Consultative Committee 04.04.2025

2 ⇩. 2025.02.25 Media Release - Expressions of Interest invited for waste facility Consultative Committee

Council 21 May 2025

Item 10.1

10.1. Appointment of volunteer representatives to Council committees

This report outlines nominations for Council’s various sportsgrounds committees and seeks Council’s approval to appoint community members as volunteers.

Director Business & Governance

Officer’s Recommendation

That Council:

1. Appoint the following volunteers to the Sportsground site committees for the remaining term of the current Council:

a) Eden George Brown Oval: Rochelle Sykes and Mark Gleeson

b) Eden Barclay Street Sporting Complex: Chelsie Cassie and Deb Heron

c) Bega Sporting Complex: Nikki Edmunds, Rosemary Burgess and Jayde Green

d) Bemboka Colombo Park: Jody Lloyd

e) Pambula Sporting Complex: Sarah Linszen and Stephen Pickup

f) Bermagui Indoor Stadium: Shelley Rowlands

2. Appoint Deb Heron, Rosemary Burgess and Jody Lloyd to the General Sportsground s355 committee for the remaining term of the current Council:

3. Note additional nominations for site committees and s355 committees will be reported to council for endorsement when received.

Executive Summary

Council has established committees to support its decision making and has advertised for volunteers to participate in these committees.

This report seeks to consider nominations and appoint volunteers to various sportsground committees.

Background

Additional nominations for site committees and s355 committees are reported to council for endorsement as they are received.

Where a committee has a vacancy, Council is able to receive applications from volunteers nominating to join council committees.

This report seeks to appoint the following volunteers as members to the following sportsground and s355 committees:

Sportsground	Representing	Nominations for site committees	Nominations for s355 Committee Representatives
Eden George Brown Oval	Rugby League Club	Rochelle Sykes
Eden George Brown Oval	Rugby League Club	Mark Gleeson
Eden Barclay Street Sporting Complex	Netball Club	Chelsie Cassie
Eden Barclay Street Sporting Complex	Soccer Club	Deb Heron	Deb Heron
Bega Sporting Complex	Hockey Club	Nikki Edmunds
	Australian Rules Club	Rosemary Burgess	Rosemary Burgess
	Netball Club	Jayde Green
Bemboka Colombo Park	Lions Club	Jody Lloyd	Jody Lloyd
Pambula Sporting Complex	Pickleball Club	Sarah Linszen
Pambula Sporting Complex	Rugby League Club	Stephen Pickup
Bermagui Indoor Stadium	Pickleball Club	Shelley Rowlands

Options

Council has the option to:

1. Appoint volunteers to the nominated committees, as detailed in this report. Recommended.

2. Not appoint the listed volunteers to nominated committees.

Community and Stakeholder Engagement

Engagement undertaken

Nominations for Council’s committees are sought in line with Council’s adopted Community Engagement Strategy and Community Engagement Toolkit. The opportunity to participate in the committees was advertised via local newspapers, Council’s website, Council News and Facebook page.

Nominations are reviewed in accordance with the criteria outlined in the guidelines for each committee. All nominees meet the relevant criteria.

Where specified in the committee guidelines, nominations are considered by the panel for each committee.

Engagement planned

Nominees will be advised of the Council resolution and on-boarded to their relevant committees.

Further volunteer drives may be undertaken for some committees, noting any new nominations will be reported to Council for endorsement as required.

Should any of these committees seek to recruit members to fill casual vacancies, they will be advertised in accordance with the requirements of Council’s Community Engagement Strategy.

Financial and Resource Considerations

The cost associated with establishing the committees, through media advertisements, has been met within existing budgets. Council officer time will be required to provide Secretariat support to the committees as has occurred in the past and is a part of the annual activities of Council.

Legal /Policy

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

Establishment of a flood committee is a requirement of the NSW Floodplain Development Manual.

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:

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

Environment and Climate Change

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

Economic

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

Risk

The appointment of members to the advisory committees of Council is part of the regular business of Council. The recommendation of this report does not introduce any new risks to Council.

Social / Cultural

These 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 proposed and made by Council.

Attachments

Nil

Council 21 May 2025

Item 10.2

10.2. Proposed boundary adjustment - She Oak Close, Bega

A formal request has been received from the owners of Lot 8 DP 1260384, seeking Council’s consideration to rectify a side boundary setback encroachment onto Council-owned land, being Lot 4 DP 1304754.

Director Business & Governance

Officer’s Recommendation

1. That Council approves the proposed boundary adjustment of a 5m2 section of Lot 4 DP 1304754 at Bega as shown on the attached plan for the value of $350 plus GST.

2. That all costs associated with this matter, including all legal costs, survey work, plan preparation, subdivision application and registration fees be borne by the applicant.

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

Executive Summary

A formal request has been received from the adjoining landowner of Lot 8 DP 1260384 for a boundary adjustment of a 5m2 section of Lot 4 DP 1304754 at Bega. To progress this matter, a Council resolution is being sought. According to section 377(1)(h) of the Local Government Act 1993 (NSW) (LG Act), the sale or surrender of any land or other property is a non-delegable function, meaning that a resolution of Council is required for such purposes.

Background

Council officers have received a formal request from the owners of Lot 8 DP 1260384, located at 2 She Oak Close, Bega, seeking Council’s consideration for a proposed boundary adjustment involving a section of Council-owned operational land, being Lot 4 DP 1304754. This adjustment is needed to rectify a minor encroachment into the side boundary setback of a recently erected building on Lot 8 DP 1260384.

An independent report obtained by the landowners confirmed that the southwestern corner of the building has been constructed 5m2 too close to the side boundary. As a result, the landowners are unable to obtain a final occupation certificate for the building. They have requested Council’s approval for a minor boundary adjustment of a 5m2 section of Lot 4 DP 1304754 to rectify this setback encroachment.

A diagram of Lot 4 DP 1304754 is provided below for the information of Councillors. This parcel is part of the Bega Saleyards, which is currently under lease. Council officers have received verbal support from the lessee for the proposed boundary adjustment, though formal consent will be required prior to the registration of the plan.

The applicant has also provided Council with the attached survey plan detailing the section of Lot 4 DP 1304754 required for the boundary adjustment.

Figure 1: Diagram of Council owned operational land - Lot 4 DP 1304754

Options

The options available to Council are:

1. Divest of the 5m2 section of Council owned operational land being Lot 4 DP 1304754 for the value of $350 plus GST (Recommended); or

2. Divest of the 5m2 section of Council owned operational land being Lot 4 DP 1304754 for current market value as determined by an independent valuer; or

3. Advise the landowners that Council does not agree to progress the boundary adjustment and divestment and retain ownership of the entire parcel of land.

Community and Stakeholder Engagement

Engagement undertaken

Council officers have had informal discussions with the applicant’s consultant and the saleyard lessee regarding the proposal. This proposal is contingent upon a resolution from Council concerning the proposed boundary adjustment.

Engagement planned

Council officers will continue to consult with the applicant, their consultants and legal representatives to action the resolution of Council.

Financial and Resource Considerations

As the section of land to be purchased from Council is only 5m2 and the likely value minimal, the applicant requested Council’s consideration to using the Valuer General’s figures for determining the compensation amount payable. Using this methodology, the land value was calculated at $4.86 per m2 and resulted in compensation of $24.30. Council officers requested the applicant provide a more reasonable offer noting that compensation would likely be less than the cost of obtaining a valuation report. The applicant provided a formal offer of $350 in compensation for the minor boundary adjustment.

The applicant will also be required to pay for all costs associated with this matter, including all legal costs, survey work, plan preparation, subdivision application and registration fees to formalise the matter.

The applicant has also paid Council’s property documentation preparation fee of $660 to cover Council officer’s time in managing the matter.

Legal /Policy

Under the LG Act, there is no restraint on Council’s ability to sell or otherwise dispose of land classified as operational land. In accordance with section 377(1)(h) of the LG Act, any decision to dispose of land must be made by resolution of Council as the power to sell, exchange or surrender land cannot be delegated.

Council’s Procedure 4.10.5 Acquisition, dedication, and disposal of land or interests in land, provides that any acquisition should be benchmarked against an independent market valuation from a registered valuer. However, this requirement can be varied to meet the needs of a particular matter, provided there is a resolution from the Council.

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 or climate change matters associated with the proposed boundary adjustment.

Economic

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

Risk

In accordance with Council’s Procedure 4.10.5 Acquisition, dedication, and disposal of land or interests in land, the disposal of land by Council requires a formal process to ensure probity, due diligence, risk analysis, and other key considerations.

To mitigate the risks associated with varying from this procedure and offering the 5m2 section of Lot 4 DP 1304754 to the adjoining landowners for a nominal amount of $350 plus GST, Council officers have implemented the following measures:

· Ensure transparency: Clear and open communication with all stakeholders has been maintained throughout the process. This includes publicly documenting the decision in this report and providing a rationale for deviating from the procedure.

· Maintain probity: Council Property officers are required to complete Pecuniary Interest returns annually, and no conflicts of interest have been disclosed.

· Conduct thorough due diligence: Council officers have performed comprehensive due diligence to assess the value, legal implications, and potential issues related to the proposed disposal of Council-owned land.

· Mitigate financial risks: Council officers have reviewed the proposal and calculated the land value of both Lot 8 DP 1260384 and Lot 4 DP 1304754 based on the Valuer General's determination. The costs involved in engaging a formal valuer would exceed the compensation achievable for the small section of land.

· Consider community impact: Council officers have consulted with the Bega Saleyard lessee, who has verbally supported the proposed boundary adjustment. There are no other adjoining landowners impacted by the boundary adjustment, and it will not affect the operational use of the Bega Saleyards.

Social / Cultural

There are no social or cultural matters associated with the proposed boundary adjustment.

Attachments

1 ⇩. Plan of proposed boundary adjustment - 8 She Oak Place Bega

Council 21 May 2025

Item 10.3

10.3. Proposed communications lease - Bega Street, Tathra

This report seeks Council approval to enter into commercial negotiations with the NSW Telco Authority regarding a land lease on Lot 1 DP 502253 at 146 Bega Street, Tathra as part of the Critical Communications Enhancement Program.

Director Business & Governance

Officer’s Recommendation

1. That subject to the NSW Telco Authority making its own enquiries regarding development approval for the proposed use of the land, Council approves a tenure of twenty years, in the form of four consecutive five-year leases, to the NSW Telco Authority for part of Lot 1 DP 502253 at 146 Bega Street, Tathra, at an annual market rental determined by a registered valuer.

2. That the NSW Telco Authority be responsible for covering all costs incurred by Council or its legal representatives related to the preparation and registration of the lease.

3. That Council authorises the Chief Executive Officer and Mayor to execute all necessary documentation to provide the tenure.

Executive Summary

The NSW Telco Authority (NSWTA) has requested Council approval to lease part of Lot 1 DP 502253 at 146 Bega Street, Tathra, for the installation of a 20-metre monopole and an outdoor cabinet as part of the NSW-wide Critical Communications Enhancement Program (CCEP). This request follows the Council resolution on 19 February 2025, not to proceed with the original proposal for a 25-metre pole, equipment shelter, and fenced compound at Lawrence Park, Tathra.

Background

At Council’s Ordinary Meeting on 16 October 2024, Council considered a proposal from the NSWTA to install a 25-metre pole, equipment shelter, and fenced compound on part Lot 1 DP 1125988 at Lawrence Park, Tathra and resolved as follows:

1. That Council receive and note the report.

2. That subject to the NSW Telco Authority making its own enquiries in relation to development approval for the proposed use of the land, Council approves tenure of five-years to the NSW Telco Authority for a lease of part Lot 1 DP 1125988 at Lawrence Park, Tathra for an annual market rental as determined by a registered Valuer.

3. That the NSW Telco Authority will be responsible for covering all costs incurred by Council or its legal representatives related to the preparation and registration of the lease.

4. That Council authorises the Chief Executive Officer and Mayor to execute all necessary documentation to provide the tenure.

Following this resolution, the proposal was advertised in accordance with section 47A(2) of the Local Government Act 1993 (NSW) (LG Act). One objection and a petition with 84 signatures were received and presented at the Council’s Ordinary Meeting on 18 December 2024.

At Council’s Ordinary Meeting on 19 February 2025, Council considered the objections and resolved as follows:

1. That the NSW Telco Authority be advised Council does not support the proposed lease of part Lot 1 DP 1125988 at Lawrence Park, Tathra, due to the significant objections received from residents of Tathra.

2. That Council Officers continue to work with the NSW Telco Authority to explore the feasibility of alternative Council-owned locations in Tathra and the surrounding areas, as noted within this report.

3. That Council recognises the importance of this telecommunications infrastructure for the Tathra community and will work with the provider and the community to find a more suitable location.

Council officers met with NSWTA representatives on 5 March 2025 to discuss the resolution and identify other suitable sites. An onsite meeting was held on 27 March 2025 at 146 Bega Street, Tathra to further investigate this location.

Lot 1 DP 502253, which is Council-owned operational land, contains a water reservoir, RFS shed, and a small storage shed used by the Tathra Surf Lifesaving Club. Following the site inspection, NSWTA confirmed that Lot 1 DP 502253 is a suitable alternative to the original location in Lawrence Park. A preliminary design has been prepared, showing a 20-metre monopole and outdoor cabinet, designed to minimise structural height and footprint to improve visual impact for the community.

NSWTA is now seeking Council approval to install a 20-metre monopole and outdoor cabinet on part Lot 1 DP 502253 at 146 Bega Street, Tathra, as part of the CCEP aimed at expanding and enhancing the public safety network to improve critical communications for emergency service organisations.

Options

The options available to Council are:

1. Approve the proposed tenure to the NSWTA for occupation of part Lot 1 DP 502253 at 146 Bega Street, Tathra for installation of a 20-metre monopole and outdoor cabinet as part of the CCEP. (Recommended)

2. Resolve not to proceed with the proposed tenure of part Lot 1 DP 502253 at 146 Bega Street, Tathra, acknowledging the powers and immunities under the Telecommunications Act 1997 (Cth) and the Telecommunications Code of Practice 2018 (Cth), and considering the efforts made to explore other locations in and around Tathra.

Community and Stakeholder Engagement

Engagement undertaken

Council officers have been in ongoing discussions with the NSWTA regarding the proposal. The NSW Rural Fire Service (RFS) has been consulted and has expressed support for the proposal.

On 21 February 2025, a media release was issued to inform the community that Council officers will continue to work with the NSWTA to explore alternative Council-owned sites in Tathra and the surrounding areas to find a suitable location for critical communications infrastructure for emergency services.

Additionally, on 4 April 2025, a post was made on Bega Valley Shire Council’s Facebook page, reiterating Council’s commitment to supporting emergency communication in Tathra.

Engagement planned

If Council decides to proceed with the proposal, Council officers will collaborate with NSWTA to implement the resolution. Since the land is classified as operational, there is no requirement under the LG Act for Council officers to notify the public. However, a media release will be issued to inform the community about the proposal. NSWTA has also verbally committed to conducting community consultation as part of the site establishment.

NSWTA has indicated a tight timeframe for delivering this project. Therefore, if Council decides not to proceed, NSWTA will have no choice but to exercise their powers and immunities under the Telecommunications Act 1997 (Cth) and the Telecommunications Code of Practice 2018 (Cth).

Financial and Resource Considerations

Council officers will be required to conduct a request for quotation process to engage a registered valuer to prepare a market rental valuation for the lease which NSWTA will be required to fund.

NSWTA will also be responsible for payment of the costs of Council or its legal representatives in relation to the preparation of the lease. Such costs shall include all work completed in addition to the initial preparation of the document should amendments be required, or further negotiations necessitated.

Council officer time has been required to consult with the NSWTA, as well as the site users and internal stakeholders. Ongoing management of the lease during the term will also need Council officer resources as required.

Legal /Policy

Lot 1 DP 502253 is Council-owned operational land zoned SP2 Infrastructure under the Bega Valley Local Environmental Plan 2013.

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.

NSWTA will need to engage a registered surveyor to prepare the required plan and cover all associated costs for its preparation and lodgement at NSW Land Registry Services.

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 or climate change matters associated with the administrative proposed granting of a lease.

If the lease is granted, the NSWTA will determine this proposal under Part 5 of the Environmental Planning and Assessment Act 1979 (NSW).

Economic

The proposed lease would provide economic benefits to Council as the annual rental income would help fund maintenance and upkeep of Council owned land.

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 occupation of Council-owned land 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 legislation is a key risk control for Council.

There are reputational risks for Council if it does not support the proposal, especially considering the 13 natural disasters that occurred in the Bega Valley LGA between 2019 and 2023. The proposal is part of the CCEP, which aims to:

· Increase the sharing of information during emergencies such as floods and fires

· Improve service levels for customers

· Enhance responses to communities affected by disasters and critical incidents

· Enable connection to networks in other states

· Facilitate the adoption of new communication technologies.

Social / Cultural

The CCEP will expand and enhance the public safety network to improve critical communications for emergency services organisations.

Attachments

1 ⇩. Preliminary design telecommunication facility at Bega Street, Tathra

Council 21 May 2025

Item 10.4

10.4. Legal matters update

The purpose of this report is to update councillors on ongoing and closed legal matters for the reporting period.

Director Business & Governance

Officer’s Recommendation

That Council receive and note the information report on ongoing and closed legal matters as of 1 May 2025.

Executive Summary

Council’s Procedure 6.03.02 Legal Management Process ensures councillors are informed about key litigation matters, with bi-annual reports in May and November.

A memorandum on 14 February 2025, informed councillors about the Social Justice Advocates of the Sapphire Coast Incorporated (SJASC) v Bega Valley Shire Council (BVSC) case heard by NSW Civil and Administrative Tribunal (NCAT). An after-action review on 30 September 2024 highlighted these key points:

· Avoid revealing legal advice: Do not disclose legal advice to prevent waiving privilege.

· Use correct clauses: Utilise Clause 5(1) and 5A of Schedule 1 of the Government Information (Public Access) Act 2009 (the GIPA Act).

· Mark confidential attachments: Ensure confidential attachments are marked and use the correct clauses from the Local Government Act 1993 (LG Act).

Minor changes were made to Council’s Procedure 6.03.02 to maintain confidentiality. An updated copy is attached.

Background

Council’s Procedure 6.03.02 Legal Management Process outlines the arrangements for the control, coordination, management, and provision of legal services on behalf of Council. It aims to establish an appropriate workflow to ensure councillors are kept informed and consulted on key litigation matters. This process includes bi-annual reporting in May and November each year to update councillors on ongoing and closed legal matters during the reporting period.

Additionally, councillors were informed via a formal memorandum dated 14 February 2025 about the case of SJASC v BVSC, heard by NCAT. Following the NCAT ruling, an after-action review was held on 30 September 2024, which highlighted the following lessons learned and recommended actions to improve future operations:

· Avoid using statements that reveal the contents of legal advice, even in summary form or by reference to a conclusion, as this may result in a waiver. For example, avoid statements such as "legal advice supporting Bega Valley Shire Council’s view of this rule has been received" or "there is no legal pathway."

· Use Clause 5(1) and 5A of Schedule 1 – legal professional privilege of the GIPA Act instead of Schedule 2 when deciding to withhold legal advice based on professional privilege.

· Ensure any confidential attachments to a Council report are marked with a confidential watermark and use the appropriate confidentiality clauses from the LG Act (e.g., s 10A(2)(g) of the Act) that refer to legal professional privilege and any other relevant provisions as the reason for confidentiality in Council reports. Using an incorrect clause could be seen as waiving privilege.

To address these recommendations, minor changes were made to Council’s Procedure 6.03.02 Legal Management Process to ensure the confidentiality of legal professional privilege is maintained. An updated copy of the procedure is attached for councillors’ information.

As outlined in the Procedure where a service agreement for legal representation exists (i.e., NSW Revenue, Recoveries & Reconstruction and Statewide Mutual) these matters are captured in our customer request management system and a report has been included as an attachment for the information of councillors detailing court attendance matters since 1 July 2024.

Options

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

Community and Stakeholder Engagement

Engagement undertaken

The recording and management of high-risk legal matters were discussed at the Audit Risk and Improvement Committee (ARIC) meeting on 12 September 2023. It was recommended that an internal review be conducted and reported back to ARIC as an audit aimed at driving improvement.

At the ARIC meeting on 10 September 2024, the implementation of the legal management framework was noted.

Engagement planned

Any court related legal proceedings are summarised in Council’s Annual Report which is publicly available on Council’s website.

Financial and Resource Considerations

A key matter that arises from litigation is the recovery of legal costs. Council’s position is to seek recovery of Council costs in all matters where costs are recoverable, either by consent or by court order, unless there is a recommendation from Council’s solicitors to accept a lesser amount than the full legal costs incurred.

The attached bi-annual legal matter report provides councillors with detailed information on the costs incurred for each matter and indicates whether these legal costs are being recovered as part of the legal management process.

Legal /Policy

The LG Act establishes the overarching legal framework for the operations of local councils in NSW. It includes provisions under section 335 that grant the Chief Executive Officer (CEO) the authority to manage the day-to-day operations of Council. The LG Act also emphasises transparency and accountability in council operations, including the management and reporting of legal proceedings.

Additionally, under section 378 of the LG Act, Council can delegate its powers and functions to the CEO. This section also allows the CEO to approve instruments of delegation to Council officials, enabling them to conduct legal proceedings effectively and efficiently on behalf of Council.

In accordance with clause 217(1)(a3) of the Local Government (General) Regulation 2021 (NSW), details of court related legal proceedings are summarised in Council’s Annual Report.

This confidential bi-annual reporting will ensure that councillors are kept informed about significant legal matters that may impact council's finances and reputation, while also maintaining the confidentiality of sensitive legal information.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

Bega Valley Community Strategic Plan 2040: E.6 Council decision making seeks to optimise environmental, social and economic outcomes for our community, while mitigating financial, legal, environmental, reputational and safety risk.

Delivery Program 2022-25: Action E6.1 - Deliver enterprise risk management and audit control programs.

Delivery Program 2022-25: Measure - # of legal transactions managed.

Environment and Climate Change

Several legal matters have environment and climate change consequences which are considered on a case-by-case basis taking into consideration legislation, strategies and plans to ensure compliance and base case outcomes.

Economic

Bi-annual legal matter reporting to Council has several significant economic impacts. It is a monitoring tool that ensures Council is kept informed about ongoing and closed legal matters, which can have substantial financial implications. By keeping councillors updated, Council can better manage its financial resources, strategic risks and anticipate potential liabilities.

Risk

Regulatory and statutory compliance is identified as a strategic risk as follows:

Council must adapt to a changing and expanding regulatory compliance environment. The issue of rising administrative complexity and cost of continuous change with increasing and sometimes competing statutory and regulatory compliance regimes remain an ever-present challenge for councils across the country. Where Council is unable to adapt to dynamic compliance and legislative changes risk scenarios can include increased and successful litigation/prosecution, reputational damage which in turn impacts financial stability.

Council’s Procedure 6.03.02 Legal Management Process aims to mitigate risks associated with legal engagement and action by:

· Avoiding conflicts of interest

· Ensuring consistency and quality of service

· Maintaining legal professional privilege and

· Maximising value from Council’s expenditure on external legal services.

Additionally, Council’s proactive approach to cost recovery for legal matters can significantly mitigate the financial burden of legal proceedings on Council's budget.

Social / Cultural

Bi-annual legal matter reporting ensures transparency and accountability in Council operations, which is crucial for maintaining public trust and confidence. By keeping councillors informed about ongoing and closed legal matters, Council can foster a culture of openness and responsiveness to community concerns.

Additionally, the reporting process can highlight significant public interest issues, such as contractual matters involving other government agencies and lease agreement issues with community organisations. Addressing these matters transparently with councillors can enhance Council's reputation and demonstrate its commitment to serving the community's best interests.

Attachments

1 ⇩. Procedure 6.03.02 Legal Services Process

2. Court attendance legal matters as at 1 May 2025 (Confidential - As this attachment contains personnel matters concerning particular individuals, information that would, if disclosed, prejudice the maintenance of law and advice concerning litigation, or advice that would otherwise be privileged from production in legal proceedings on the ground of legal professional privilege as per Section 10A(2)(a), (e) and (g) of the Local Government Act 1993.

3 . Council legal matters as at 1 May 2025 (Confidential - As this attachment contains personnel matters concerning particular individuals, information that would, if disclosed, prejudice the maintenance of law and advice concerning litigation, or advice that would otherwise be privileged from production in legal proceedings on the ground of legal professional privilege as per Section 10A(2)(a), (e) and (g) of the Local Government Act 1993.

Council 21 May 2025

Item 10.5

10.5. Policy review (batch 1)

This report presents 14 Council policies that have been reviewed by relevant council officers in accordance with Section 165 of the Local Government Act 1993

Director Business & Governance

Officer’s Recommendation

1. Council places the following draft policies on public exhibition:

• 3.03 Soil and water management

• 3.10 Waste services

• 3.12 Council related Development Application conflict of interest guidelines

• 3.13 Trees and vegetation on council managed land in urban areas

• 4.04 Companion animal management

• 4.05 Enforcement and compliance

• 4.06 Cemeteries and memorials

• 4.07 Water and sewerage services

• 4.10 Lands under council jurisdiction

• 5.01 Asset management

• 5.02 Transport services

• 6.01 Governance

• 6.02 Behaviour of Councillors and Staff

• 6.04 Conditions of employment

2. The policies listed above be exhibited for a period of 42 days and council will accept submissions on the draft policies during the public exhibition period.

3. That Policy 3.09 Dedication of public land be revoked noting the provisions of this policy are included in Council’s procedure 4.10.05 Acquisition, dedication and disposal of land or interests in land.

4. That a further report be presented to Council if any submissions received could change the scope, purpose, and intent of the draft policy.

5. If no submissions are received, the exhibited policies be adopted and published on Council’s website.

Executive Summary

Council should review their existing local approvals and orders policies after the election to ensure they are current and fit for purpose. If the polices are still required and the council proposes to adopt them with or without amendment, it must first exhibit the draft policy for at least 28 days and invite submissions for a period of at least 42 days.

After considering submissions, councils may decide to amend the policy, adopt the policy without amendment, or not adopt the policy.

This report presents 14 policies that have been reviewed and recommended to be placed on exhibition.

As part of this review, it is recommended that Policy 3.09 Dedication of public land be revoked.

Background

Local government policies are crucial for fostering a well-functioning, vibrant, and responsive community. They enable a Council to identify and implement strategies to guide decision making to address local issues effectively.

Under the Local Government Act, councils and county councils are required to review their existing policies after each election to ensure the policies are relevant, effective, and fit for purpose. If the policies are still required and the council proposes to adopt them with or without amendment, it must first exhibit the draft policy for a minimum period of 28 days. Council must also invite and allow submissions on the draft policies for a period of 42 days. So that a consistent approach is taken it is recommended to place draft policies on public exhibition for the full 42-day consultation period.

At its meeting on 19 February 2025, Council resolved to review its policies in 4 batches.

Council officers have reviewed the policies in consultation with relevant stakeholders. For ease of reference, the draft policies attached to this report include the proposed tracked changes to content. This report is being presented so Council can consider the reviewed documents listed below:

· 3.03 Soil and water management

· 3.10 Waste services

· 3.12 Council related Development Application conflict of interest guidelines

· 3.13 Trees and vegetation on council managed land in urban areas

· 4.04 Companion animal management

· 4.05 Enforcement and compliance

· 4.06 Cemeteries and memorials

· 4.07 Water and sewerage services

· 4.10 Lands under council jurisdiction

· 5.01 Asset management

· 5.02 Transport services

· 6.01 Governance

· 6.02 Behaviour of Councillors and Staff

· 6.04 Conditions of employment

It is recommended that policy 3.09 Dedication of public land be revoked because the provisions of this policy are included in procedure 4.10.05 Acquisition, dedication and disposal of land or interests in land.

Options

Council has approximately 60 policies. After completing a review of each policy, Council has the following options:

1. adopt the draft policies presented

2. adopt the draft policies with changes

3. revoke the policy.

Community and Stakeholder Engagement

Relevant Council Officers have been engaged internally as subject matter experts for the purpose of reviewing the content of policies presented within this report.

Engagement undertaken

As per the policy review schedule adopted at the Council meeting on 19 February 2025, the policies presented in this report were reviewed by the responsible officer identified in each policy. This includes the managers of each section within council. Draft policies were also reviewed by the directors of Assets and Operations; Community, Environment and Planning; and Business and Governance.

The Chief Executive Officer endorsed the review of the policies and presented the proposed draft documents to Councillors at workshops held during April 2025.

Engagement planned

If resolved by Council, the draft policies presented in this report will be placed on public exhibition for a period of 42 days. Members of the community will be invited to make submissions on the draft policies during the exhibition period commencing on 22 May 2025.

The draft policies will be accessible to the community via the ‘Have you say’ page on the Council website.

Council will review the submissions received and for minor edits, may update the policy document before finalising for publishing. If a submission could lead to major changes in the policy's scope, purpose, or intent, a further report will be brought back to a council meeting to consider the submission to update the policy and make a decision on the content of the final adopted policy.

Financial and Resource Considerations

Review of Council’s policies is a core function of the People and Governance Section and administration of the review is within Council’s approved budget for each directorate.

Legal /Policy

The review of the policies 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 batch-review process ensures all 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

Review and adoption of these policies aligns with the following Delivery Program and Operational Plan activities:

· Delivery Program E1.1
Conduct day to day management of Council and support Councillors to undertake their role.

· Operational Plan activity E1.1.1
Coordinate the review of Council’s policies and procedures

Council also uses 6 strategic principles to help guide its decisions. These principles are:

· Effective and efficient

· Equitable and inclusive

· Responsive

· Transparent

· Financial sustainability

· Accountable

Completing a review of its policies demonstrates the principles in the following ways:

· Effective and efficient
Reviewing the policies provides a proactive way of improving service delivery by defining the scope of our services.

· Equitable and inclusive
Placing the draft policies on public exhibition encourages all stakeholders to participate in the review process.

· Responsive
Engaging with the community through the consultation process will allow the organisation to identify ways of serving the community and will help improve performance.

· Transparent
Provision of the reviewed documents through the public exhibition period allows our community to view the work of council officers and recommendations for change and improvement.

· Accountable
The review process enhances both internal and external engagement.

Environment and Climate Change

Council officers consider the impacts of each policy relating to the environment and climate change during the review process.

There are no negative impacts on the environment or climate change relating to the preparation of this report and its recommendations.

Economic

The review of individual policies enables Council to consider the economic impacts of policy implementation.

There are no economic risks or impacts relating to the task of reviewing policies or the recommendations of this report.

Risk

Failure to review its policies poses a legal risk relating to non-compliance with the Act. Reviewing the policies in batches helps mitigate the risk legal risk because it complies with Section 165 of the Local Government Act 1993.

There is also reputational risk that must be considered as part of this report. The proposed community engagement and consultation during the review process, and prior to adoption, amendment or revocation of local policies mitigates reputational risks by ensuring members of the community are given the opportunity to participate in the policy review and decision-making processes.

Social / Cultural

Public engagement and participation in matters that relate to service delivery frameworks; representation and participation; regulation and enforcement; and community wellbeing, support a stronger voice in the development of local policies that achieve strategic outcomes for our community.

Attachments

1 ⇩. DRAFT for public exhibition Policy 3.03 Soil and Water Management

2 ⇩. DRAFT for public exhibition Policy 3.10 Waste Services

3 ⇩. DRAFT for public exhibition Policy 3.12 Council related Development Application Conflict of Interest Guidelines

4 ⇩. DRAFT for public exhibition Policy 3.13 Trees and vegetation on public land

5 ⇩. DRAFT for public exhibition Policy 4.04 Companion Animal Management exhibited

6 ⇩. DRAFT for public exhibition Policy 4.05 Enforcement and Compliance

7 ⇩. DRAFT for public exhibition Policy 4.06 Cemeteries and Memorials

8 ⇩. DRAFT for public exhibition Policy 4.07 Water and Sewerage Services

9 ⇩. DRAFT for public exhibition Policy 4.10 Land Under Council Jurisdiction

10 ⇩. DRAFT for public exhibition Policy 5.01 Asset Management

11 ⇩. DRAFT for public exhibition Policy 5.02 Transport Services

12 ⇩. DRAFT for public exhibition Policy 6.01 Governance

13 ⇩. DRAFT for public exhibition Policy 6.02 Behaviour of Councillors and Staff

14 ⇩. DRAFT for public exhibition Policy 6.04 Conditions of Employment

15 ⇩. Policy 3.09 Dedication of Public Land Proposed to be revoked

Council 21 May 2025

Item 10.6

10.6. Certificate of Investment April 2025

This report details Council’s cash and investments at 30 April 2025.

Director Business & Governance

Officer’s Recommendation

1. That Council receive and note the report on Council’s investment position at 30 April 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 30 April 2025 the total capital value of cash and investments was $147,354,980.10 with 89% of Council’s investment portfolio directed to term deposits and the remainder held in cash deposit accounts. The following is investment information by fund:

Fund	April-2025 ($’000)
General Fund	56,746
Water Fund	25,318
Sewer Fund	65,291
TOTAL	147,355

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 30 April 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	6,211,642.56
Commonwealth Bank (At Call cash account)	AA-	CASH	-	-	4.15	10,000,000.00
NSW Treasury Corporation (Strategic Cash Fund)	AA-	CASH	-	-	-	143,337.54
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							$147,354,980.10

Table 2: Interest from Cash and Investments
Interest earned for April 2025	$573,028
Financial year to date interest earned	$5,451,231
Revised Budgeted interest for 2024/2025 financial year (QBRS Q3)	$5,500,000
Percentage of the 2024/2025 budget earned by Council	99%

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

The investments held by Council remain sufficiently liquid with 54% of investments maturing within the next 12 months.

Council’s cash and investment portfolio has a weighted average maturity of 409 days.

For the month of April, the cash and investments held by Council provided a return of 5.04% p.a. This annualised performance exceeded the monthly RBA cash rate of 4.10% and the AusBond Bank Bill Index of 4.38%. The below table represents the annualised performance of council’s investment portfolio.

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With the potential for interest rate cuts in the future and the maturing of higher yielding term deposits 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	February-2025	March-2025	April-2025
General Fund	59,313	59,051	56,746
Water Fund	27,846	26,017	25,318
Sewer Fund	67,179	65,596	65,291
TOTAL	154,338	150,664	147,355

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 30 April 2025 is $2,930,183 with $582,642 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 30 April 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 30 April 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

Council 21 May 2025

Item 10.7

10.7. Inquiry into ability of local governments to fund infrastructure and services- NSW Government response

This report contains the NSW Government’s response to the Legislative Council’s Standing Committee on State Development inquiry into the ability of local governments to fund infrastructure and services.

Director Business & Governance

Officer’s Recommendation

That Council:

1. Notes the NSW Government’s response to the Legislative Council’s Standing Committee on State Development inquiry into the ability of local governments to fund infrastructure and services.

2. Writes to the Minister for Local Government and the Office of Local Government seeking details on timeframe and accountability reporting for implementation of the proposed changes.

3. Writes to Local Government NSW expressing concern about the lack of detail in the government’s response to address the very real and significant financial sustainability issues that councils are facing and encourage continued advocacy to ensure that when these proposed changes are implemented councils are well represented.

4. Support Bega Valley Shire Council staff in applying to participate in the Expert Advisory Panel once established to ensure that our concerns and that of regional councils across the state, continue to be advocated for.

Executive Summary

The NSW Government Legislative Council’s State Development Committee was tasked with undertaking a review into the ability of councils to fund infrastructure and services (the inquiry) and to provide recommendations for a way forward. The Committee handed down its report in November 2024 setting out 17 recommendations. The NSW government provided a response to those recommendations on 6 May 2025 (Attachment 1).

In summary the NSW Government response to the inquiry provides no immediate relief for councils and the response contains no commitment on timeframes on when the proposed government changes will be implemented. Many of the actions that the government have committed to are not new, reiterate the status quo or concerningly seek to implement recommendations from previous reviews dating back to 2016 that have not yet been implemented.

Several of the Government’s suggested measures for addressing financial sustainability concerns are likely to add to the administrative burden on councils. A new ‘Comprehensive Spending Review’ process, similar in nature to a special rate variation process will be established.

There is also a commitment to form an Expert Advisory Panel consisting of general managers, finance directors and other experts in the sector.

The NSW Government response provides limited clarity on how the government seeks to review and address cost shifting or addressing issues with the development contributions framework that were central in many submissions provided to the inquiry.

Background

In March 2024, the Hon Ron Hoenig MP, Minister for Local Government, asked the Legislative

Council’s State Development Committee to undertake a review into the ability of councils to

fund infrastructure and services and to provide recommendations for a way forward.

A review of financial modelling for councils was initially set to be undertaken by the Independent Pricing and Regulatory Tribunal (IPART) however this was abandoned when the Premier wrote to IPART withdrawing the referral for the review advising that the matter would now be considered by the Legislative Council. https://www.ipart.nsw.gov.au/documents/letter/letter-nsw-premier-withdrawal-referral-review-council-financial-model-19-march-2024

The review of financial modelling of councils was a key recommendation of the 2022 IPART rate peg review. The terms of reference for the Legislative Council standing committee were expanded beyond the focus of financial modelling.

Council made a submission to the inquiry (Attachment 2) and the CEO and Mayor attended one of the inquiry hearings representing both Bega Valley Shire Council and the NSW Country Mayors Association. The inquiry received 129 submissions and held 10 hearings. Further details on the inquiry can be found at https://www.parliament.nsw.gov.au/committees/inquiries/Pages/inquiry-details.aspx?pk=3040#tab-termsofreference

In the NSW Government response to the inquiry, it outlines ‘the NSW Government will undertake significant reforms to progressively improve the financial sustainability of councils’, proposing the following ‘key responses’:

1. Maintaining control of council rates by the Independent Pricing and Regulatory Tribunal (IPART) to ensure council’s rates revenue keeps pace with forecast changes in costs;

2. Requiring councils that want to permanently adjust their revenue to undertake a Comprehensive Spending Review that forensically examines their expenditure as well as their revenue;

3. Simplifying the Special Variations process to focus only on specific council projects or programs;

4. Streamlining local government financial statements, which unnecessarily complicate

local government financial reporting; and,

5. Drawing on the knowledge and experience of general managers, finance directors and

other experts in the local government sector, to establish an Expert Advisory Panel to

provide technical support for the delivery of reform based on the recommendations of the Committee.

After such an extensive review with valuable input from across the local government sector and recommendations that could be actioned to make a tangible difference, the government response is lacking and doesn’t address the financial sustainability issues that councils are facing. Inquiries of this nature are time-consuming and costly public funded processes. It is important that the implementation of the proposed changes are closely monitored to ensure they are efficiently and effectively implemented.

As outlined in the report recommendations, Council will be seeking clarity from the government on timelines and reporting processes to ensure the implementation of the proposed changes.

Options

Council has numerous options in considering this report.

1. Support the recommendations as outlined

2. Amend the recommendations and include further detail

3. Not support the recommendations

Community and Stakeholder Engagement

Engagement undertaken

Council continues to advocate for matters that impact our community and the operations of Council. The submission Council made to the inquiry in April 2024 outlined our key concerns and included several clear recommendations. The CEO and Mayor attended one of the inquiry hearings. Sharon Houlihan, Executive Officer, Canberra Region Joint Organisation also attended the July 2024 hearing to represent the broader grouping of councils in our region.

Engagement planned

As outlined in the recommendations, Council plans to continue advocacy on the NSW Government response to the inquiry. Bringing this report to Council demonstrates our commitment to sector wide advocacy and ensuring that our voice is heard when changes to processes that impact Council and the community are proposed.

Financial and Resource Considerations

There are no financial considerations in presenting this report. The outcomes of the NSW Government reforms outlined in the attached report could have significant financial implications for Council in the future. Our draft Long Term Financial Plan currently on exhibition outlines the need for a future increase in rates. The government reforms may see changes to how and if those rate increases can occur.

Ongoing advocacy efforts are managed through the CEO office. The report recommends that staff apply to participate in the Expert Advisory Panel that is to be established. This will ensure that Council’s concerns and that of other regional councils continue to be advocated for in this forum.

Legal /Policy

The NSW Government’s response to the inquiry outlines several proposed or already underway process reviews which would likely trigger policy or legislation amendments. The Government has advised that legislation is being prepared to establish a new Comprehensive Spending Review process. This will be a new pathway for councils seeking permanent rate increases, which appears to be very similar to the existing Special Variation process.

Councils are arguably already transparent in how revenue is acquired and spent through the annual budget processes that include a detailed revenue policy and quarterly budget reviews outlining proposed changes to the adopted budget.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

Council’s advocacy efforts relate to our Community Strategic Plan, Delivery Program and Operational Plan outcomes as follows:

E.7 Council builds strong relationships with other organisations and levels of government to advocate for our communities

A4.1 Advocate to government for resources to support the community health and wellbeing of the Bega Valley Shire

A4.1.1 Deliver a targeted advocacy approach outlining community need to relevant State Government Departments and Ministers

Environment and Climate Change

The Government response to the inquiry does not explicitly address environmental or climate change considerations. However, the governments commitments under recommendation 9, 10 and 11 related to disaster recovery funding arrangements, development of Disaster Adaptation Plans and statewide review of disaster funding will likely have consequence on how Councils are required to plan for their assets and better manage the impact of climate change.

With many councils already facing financial hardship, continued and increased investment in asset upgrades and renewals to respond to and mitigate the impacts of natural disasters, particularly on large road networks in regional local government areas, is an ongoing concern.

Economic

There are no direct economic impacts related to this report, however the Government reforms made in response to this inquiry could have significant economic impacts.

Councils across the state are increasingly restrained in raising revenue to meet increasing costs and the reforms may result in added complexity and further cost shifting to councils. The Government response to the inquiry outlined that ‘Councils will be sustainable if they can ensure expenditure is matched to both revenue and their community’s service delivery expectations.’ For majority of regional councils if expenditure is required to match revenue this would result in significant reductions in service levels, which has flow on economic and social impacts.

Risk

On the surface the NSW Government response to the inquiry appears promising, empowering Councillors and communities to play a greater role in decision making. One key risk in the Government’s response is the absence of specific timelines for implementing changes.

Certainty is vital for councils facing financial challenges and the continued change in processes can limit and impede informed decision-making. There is also the risk that further ‘reviews’ as the government response outlines, results in lengthy, costly and bureaucratic delays that see no significant outcomes achieved.

Social / Cultural

The terms of reference for the inquiry included that the committee ‘assess the social and economic impacts of the rate peg in NSW for ratepayers, councils and council staff over the last 20 years and compare with other jurisdictions’. The full report from the inquiry can be accessed at this link https://www.parliament.nsw.gov.au/committees/inquiries/Pages/inquiry-details.aspx?pk=3040#tab-reportsandgovernmentresponses

It’s difficult to quantify the social and cultural implications of the NSW Government response to the inquiry as there are very few immediate changes. In our submission to the inquiry we noted concerns around intergenerational equity and that if additional revenue is not obtained and invested in our assets and services now, that ratepayers in the future will be hit with indirect social and economic costs that come when infrastructure such as roads, bridges, playgrounds and sporting facilities are not maintained to the levels required. We operate in short-term political cycles, yet our asset management and financial sustainability transcends those cycles. Councils have a responsibility to continue to communicate the social impacts of choices and decisions we make now that will affect future generations.

Attachments

1 ⇩. NSW Government response - Standing Committee on State Development Inquiry into the ability of local governments to fund infrastructure and services May 2025

2 ⇩. Bega Valley Shire Council Submission Standing Committee on State Development

Council 21 May 2025

Item 10.9

10.9. Extension of Tenure for LS-07 at Merimbula Airport

This report addresses the future tenure associated with LS-07 to facilitate the continued operation of the Sapphire Coast Autos Pty Ltd car hire business at Merimbula Airport.

Director Business & Governance

Officer’s Recommendation

1. That Council delegates authority to the Chief Executive Officer and Mayor to execute the necessary lease documentation, granting an extension of tenure to Mr John Moffatt until 31 December 2025, under the same terms and conditions as the existing lease over Lot 7 DP 1257793 at Merimbula Airport.

2. That Council delegates authority to the Chief Executive Officer and Mayor to execute the necessary tenure documentation, granting a 10-year land-only tenure arrangement from 1 January 2026 to Sapphire Coast Autos Pty Ltd for the occupation of the existing lease site, Lot 7 DP 1257793 at Merimbula Airport, with a commencing annual rental of $20.00 per m² plus GST, and an annual CPI increase, for the purposes of operating a car hire business and office space.

3. That Council delegates authority to the Chief Executive Officer and Mayor to execute the necessary licence documentation, granting a maximum 10-year non-exclusive licence agreement to Sapphire Coast Autos Pty Ltd for space adjoining lease site Lot 7 DP 1257793, at a rate of $5.00 per m² plus GST with an annual CPI increase, to accommodate car parking outside the lease area.

4. That Council notes the new tenure arrangement over Lot 7 DP 1257793 will be subject to Sapphire Coast Autos Pty Ltd demolishing the existing car hire business building located on Lot 2 DP 1257793.

5. That Mr John Moffatt be invoiced $660 for the assignment of lease fee as outlined in the Council’s Fees and Charges schedule.

Executive Summary

The purpose of this report is to obtain a resolution from Council to progress future tenure arrangements associated with LS-07 at Merimbula Airport. This will enable the sale between Mr John Moffatt and Sapphire Coast Autos Pty Ltd to proceed and ensure the continued operation of the Sapphire Coast Autos Pty Ltd car hire business at Merimbula Airport.

There are financial implications associated with the timing of the lease assignment, as well as impacts on the adopted Merimbula Airport Master Plan 2043. These factors will need to be considered by Council when endorsing the proposal for LS-07.

Background

Council resolved at its Ordinary Meeting of 16 April 2025, when considering future tenure options for the continuation of the Sapphire Coast Autos Pty Ltd car hire business at Merimbula Airport as follows:

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.

Following the above resolution, Council has received formal advice from Sapphire Coast Autos Pty Ltd and the current lessee of LS-07, Mr John Moffatt, confirming that a sale of the hangar located on LS-07 has been negotiated between the parties.

At Council’s Ordinary Meeting of 20 March 2024, consideration was given to correspondence from Mr John Moffatt dated 15 March 2024 requesting a 12-month extension of tenure until 30 June 2025. As a result, Council resolved to enact clause 14 of the lease for LS – 07 which allowed a maximum period of twelve months holding over under a monthly tenancy arrangement until 30 June 2025 under the same terms and conditions which either party was able to terminate on one (1) months’ notice.

To enable to transition of the LS-07 hanger to Sapphire Coast Autos Pty Ltd, Council has been requested to extend the current tenure arrangement with Mr John Moffatt over LS-07 until 31 December 2025 on the same terms and conditions as the existing lease.

As a result of the above resolution, Council has received formal advice from Sapphire Coast Autos Pty Ltd and the current lessee of LS-07, Mr John Moffatt, confirming that a sale of the hangar located on LS-07 has been negotiated between the parties.

At Council’s Ordinary Meeting on 20 March 2024, consideration was given to correspondence from Mr John Moffatt dated 15 March 2024, requesting a 12-month extension of tenure until 30 June 2025. As a result, Council resolved to enact clause 14 of the lease for LS-07, which allowed a maximum period of twelve months holding over under a monthly tenancy arrangement until 30 June 2025, under the same terms and conditions, with either party able to terminate on one month's notice.

To facilitate the sale and transition of the LS-07 hangar to Sapphire Coast Autos Pty Ltd, Council has been requested to extend the current tenure arrangement with Mr John Moffatt over LS-07 until 31 December 2025, under the same terms and conditions as the existing lease. This extension is necessary before entering into the new tenure arrangement with Sapphire Coast Autos Pty Ltd for LS-07.

Options

The options available to Council are:

1. Approve the proposed extension of tenure to Mr John Moffatt and the new tenure arrangement to Sapphire Coast Autos Pty Ltd for LS-07. This will enable the sale between the parties to proceed and facilitate the continued operation of the Sapphire Coast Autos Pty Ltd car hire business at Merimbula Airport.

2. Resolve not to proceed with the proposed extension of tenure to Mr John Moffatt and the new tenure arrangement to Sapphire Coast Autos Pty Ltd for LS-07. This decision would leave Mr John Moffatt with limited opportunity to obtain development approval to demolish the hangar on LS-07 and would leave Sapphire Coast Autos Pty Ltd without a secure tenure option within Merimbula Airport for their car hire business.

3. Resolve to approve the proposed tenure arrangement for LS-07 to Sapphire Coast Autos Pty Ltd, effective from 1 July 2025. The parties will need to be responsible for sorting out rental payments for LS-07 between 1 July 2025 and 31 December 2025. This option reduces the administrative burden and financial costs on Council, as the proposal from the parties requires two tenure arrangements to facilitate their agreement.

Community and Stakeholder Engagement

Engagement undertaken

Council received formal correspondence from both Sapphire Coast Autos Pty Ltd and Mr John Moffatt on 9 May 2025 regarding the sale of LS-07.

Engagement planned

If Council supports the proposed extension of tenure to Mr John Moffatt and the new tenure arrangement to Sapphire Coast Autos Pty Ltd for LS-07, consultations with both parties and legal representatives will continue following the outcome of this report to progress the tenure arrangements.

Financial and Resource Considerations

As outlined in the attached report from the Council meeting on 16 April 2025, 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.

The current lease fee for LS-07 is $4,234.78 per annum. By extending the existing lease arrangement from 1 July to 31 December 2025, the lease fee would be pro-rated for the six-month period, resulting in a rental income of $2,117.39. In contrast, if the new lease with Sapphire Coast Autos Pty Ltd is issued from 1 July 2025, the rental income for the same six-month period would be $4,296 plus GST.

According to Council’s Fees and Charges schedule, an assignment of lease fee of $660 (including GST) should be paid by Mr John Moffatt as part of this process. This fee covers the cost of Council officer time to manage the matter and ensures that the legal documentation meets the Council’s requirements.

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

Retaining the hangar building on the existing lease site Lot 7 DP 1257793 has implications for the adopted Merimbula Airport Master Plan 2043, which will need to be considered and reviewed by Council.

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 General Aviation 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. Therefore, any new lease arrangement will need to include a clause addressing inundation due to flooding and rising sea levels.

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

1 ⇩. Council report dated 16 April 2025 - Tenure options at the Merimbula Airport for Sapphire Coast Autos Pty Ltd

Council 21 May 2025

Item 10.10

10.10. Roles and Rights of Councillors on Committees and Advisory Groups

This report seeks to clarify the roles and rights of Councillors representing Council on advisory committees and advisory groups.

Chief Executive Officer

Officer’s Recommendation

1. It is recommended that Council clarify that only appointed delegates should attend committee and advisory group meetings

2. That appointed delegates be responsible for making arrangements and briefing the alternate delegates to attend meetings on their behalf when required

3. That agendas and minute of meetings be provided to alternate delegates as a matter of course and may be provided to other Councillors upon request

Executive Summary

Councillors represent Council on a range of committees and advisory groups. These committees and council delegates are confirmed following a local government election. On 9 October 2024 at the Extraordinary meeting, Council established committees with delegated authority and advisory committees. At this meeting, Council also confirmed appointment of delegates and alternates to internal and external committees.

It has become apparent since these appointments were resolved that there is inconsistency in the roles and rights of Councillors attending internal advisory committees and external committees.

Following a workshop on the governance and function of committees, it was determined that Council needs to provide clarity to delegates and make a decision on the roles and rights of Councillors when attending committee meetings.

This report does not apply to Committees of the Council where membership is solely Councillors. Committees of the Council are addressed separately and subject to requirements of the Local Government Act 1993.

Background

Councillors play a key role in representing Council on a range of committees and advisory groups. In some instances, Council is responsible for establishing the committees or advisory panels and their terms of reference whilst in other cases they aren’t fully controlled by Council.

In October 2024 Council resolved on Councillor representatives on internal and external committees and advisory groups. It has subsequently become apparent that there is inconsistency in understanding the roles and rights of Councillor delegates, alternate delegates and other Councillors when attending meetings of committees and advisory groups.

There appears to be a general understanding of the roles and rights of the appointed Councillor delegates and when the alternate delegate is attending a meeting on behalf of the appointed delegate. There is less clarity when an alternate delegate, or other Councillor, seeks to attend a committee or advisory group meeting when Council’s appointed delegate is attending.

More specifically, this report seeks to clarify whether alternates and other Councillors can and should attend any meeting where Council (as an entity) is being represented by the appointed delegate. This decision provides a governance arrangement by agreeing on the rights and obligations of attendees who are not the council appointed delegate representing council.

When determining the level of Councillor representation, it is important to consider the intent of committees and advisory groups as distinct from Council, the elected body and it’s decision making functions. Ensuring a balance between elected Councillor representation and other stakeholder representation is also pertinent.

Options

There are numerous options associated with how the issue raised in the report is addressed. For example, Council could seek to consider the governance arrangements for each committee and advisory group separately or it could seek to implement a consistent set of principles.

Below are several principle-based options that Council could consider noting that for external committees and advisory groups are not committees with delegations from council and some of the options may need external endorsement prior to being able to be implemented.

1. Only nominated delegates attend meetings as Council’s representative and takes responsibility for ensuring the alternate delegates attend relevant meetings in their absence. Recommended.

2. Nominated delegate and alternate delegate attend meetings and the delegate is to represent Council and the alternate to observe unless invited by the delegate or relevant chair to participate in discussion.

3. All Councillors can choose to attend any appointed committee or advisory group meetings and openly participate in discussion noting the appointed delegate vote on behalf of Council where required.

It is noted that each of the above options have merit. The option recommended is that only nominated delegates attend and represent Council at meetings and arrange alternates to attend on their behalf when unable to attend. The reason this option is recommended is to provide the greatest level of clarity for meeting attendees as to who is the relevant spokesperson for council (or people where more than one delegate).

It is recognised that there is value in alternate delegates being kept abreast of matters being considered by committees and advisory groups which can be achieved by providing meeting agendas and minutes and briefings form the appointed delegate when appropriate.

Community and Stakeholder Engagement

There has been no engagement undertaken with respect to this report apart form a Council workshop in line with the below resolution of Council from the 19 March 2025 meeting.

1. Clarify that the Central Waste Facility (CWF) community consultation committee includes three community members and that if less than three community nominations are received from new community members then community members who have previously been on the committee can be reappointed.

2. That Council hold a workshop on procedures within committees

Should Council decide to endorse all Councillors to attend committee/advisory group meetings, this may require further engagement.

Engagement undertaken

There has been no community engagement undertaken associated with this report.

Engagement planned

There is no engagement planned associated with this report.

Financial and Resource Considerations

The establishment and operation of committees of Council is part of the regular business of Council.

Legal /Policy

Section 355 of the Local Government Act 1993 provides that the exercise of certain functions of a Council may be undertaken by a committee of the Council.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

CSP Theme: Our civic leadership – Local leadership is strong, consultative

and responsive to our community’s needs.

CSP Strategy: E.2 We are an informed and engaged community with a transparent, consultative and responsive Council.

Delivery Program: E2.2 Improve communication about Council activities, decisions and achievements.

Environment and Climate Change

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

Economic

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

Risk

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

Social / Cultural

Attachments

Nil

Council 21 May 2025

Item 13.2

13.2. Cr Russell Fitzpatrick - Options for private native forestry in RU2 zones

Notice of Motion

That Council:

1. Notes the NSW Private Native Forestry Codes of Practice administered under part 5B, Division 2 of the Local Land Services Act 2013 establishes comprehensive guidelines for overseeing private native forestry operations, consolidating regulations into a single instrument.

2. Notes the PNF Codes of Practices were re-made in 2022 to provide certainty and consistency for landholders, while maintaining ongoing habitat values for native fauna.

3. Notes that Zone RU2 Rural Landscape under the Bega Valley Shire Council LEP is compatible with private native forestry operations.

4. Approves the preparation of a Proposal to amend the Bega Local Environmental Plan 2013 to make Private Native Forestry permitted without consent in Zone RU2 – Rural Landscape with Budget allocation in the 2025/26 Financial Year.

Background

This notice of motion simply removes one level of approval that is required, that being council and leaves approvals with Local Land Services.

This motion simply seeks to rectify Changes to various acts that changed the approval process for Private Native Forestry (PNF) to occur on RU2 zoned land in the Bega Valley.

`Private Native Forestry is administered under Part 5B of the Local Land Services Act however up to 25/8/2017 all PNF was administered under the Native Vegetation Act, Under the Native Vegetation Act, Local Councils planning provisions (LEP) did not affect the issuing of PNF approvals and as a result there are many areas which are not RU1 within the Bega Valley LGA where Ecologically Sustainable Forest Management can still occur under a PNF approval despite the current LEP.

The repeal of the Native Vegetation Act in 2017 saw changes to all LEP’s removing the exemption for vegetation management, including forestry where an approval under the Native Vegetation Act was in place.

Between August 2017 and November 2018, PNF plans were approved under 5C of the Forestry Act. This act did not consider Councils LEP. After November 2018 when 5B of the LLS Act came into force LLS was required to adhere to the provisions of the Council LEP.

Private native forestry on the New South Wales South Coast operates within a robust regulatory framework that aims to strike a balance between sustainable timber harvesting and environmental conservation. The management of private native forestry activities in this region is primarily guided by regulations outlined under the Local Land Services Act 2013. Regulation of Private Native Forestry (PNF) is underpinned by the PNF Codes of Practice that encompass a range of aspects, including harvesting practices, land use planning, biodiversity conservation, water quality protection, and the preservation of cultural heritage sites.

The Private Native Forestry Codes of Practice consolidate environmental and planning protections under a single instrument used to regulate the industry. In remaking the PNF Codes of Practice the NSW Government asked the Natural Resource Commission (NRC) to review the draft codes. The March 2022 the NRC said the new codes (which commenced in May 2022) were a substantive improvement on the existing codes.

In their advice on the new PNF Codes of Practice the NRC said the new codes “provided certainty and consistency for landholders, with new harvesting prescriptions making it easier for landholders to implement and comply with codes, while still maintaining ongoing habitat values for native fauna.”

Amending the Bega Valley Shire Council LEP to include forestry as permitted without consent in Zone RU2 – Rural Landscape will harmonise this activity with adjacent council, the Shoalhaven City Council. Private Native Forestry is a compatible industry in RU2 Zones through encouraging sustainable primary industry production and maintaining and enhancing the natural resource base, maintaining the rural landscape character of the land and providing for a range of compatible land uses.

Private native forests account for 37 percent of the 20 million hectares of native forests in NSW. It is important that private native forestry is considered with a view to create healthy forests in perpetuity including bushfire mitigation activities, enhancing biodiversity and managing private forests for a diverse forestry mosaic.

Private Native Forestry is a significant source of timber supply to timber mills and businesses on the NSW South Coast and Bega Valley Shire. It serves as a crucial economic driver for the region, providing a sustainable supply of timber resources while supporting local industries and employment opportunities. Timber harvested from private native forests on the South Coast contribute to the production of high-quality wood products, specifically for high value construction materials such as flooring, cladding and decking.

Moreover, the proximity of private native forests to timber mills reduces transportation costs and carbon emissions associated with long-distance timber hauling, making it an environmentally favourable option. Businesses on the South Coast rely on this local timber supply to maintain operations, contributing to the regional economy and fostering community sustainability.

Private native forestry also plays a role in land stewardship, incentivising landowners to manage their properties sustainably. By encouraging responsible forest management practices, these private forests promote the preservation of biodiversity, protect natural landscapes, and support the cultural heritage intertwined with these forests.

It is recommended that Bega Valley Shire Council investigate the most effective measure to amend the Bega Valley Local Environment Plan 2013 to include “forestry” as a new activity permitted without consent under Zone RU2 – Rural Landscape.

Staff response

In response to this motion staff have undertaken some preliminary investigations.

By way of history, in applying the RU2 zone to LEP 2013, Council used the advice on the objective of zones issued in Department of Planning LEP Practice Note: ‘Preparing LEPs using the standard instrument: standard zones: PN 06–002 RU2 Rural Landscape’, which noted:

“This zone is generally intended for rural land with landscape values or land that has reduced agricultural capability due to gradient, soil type, vegetation, rock outcrops, salinity etc. but which is suitable for grazing and other forms of extensive agriculture.”

The direction of the objectives of the RU2 zone in the Standard Instrument was also considered by Council and was adopted (and was not amended) and reads as follows:

• To encourage sustainable primary industry production by maintaining and enhancing the natural resource base.

• To maintain the rural landscape character of the land.

• To provide for a range of compatible land uses, including extensive agriculture

Land zoned 1(a) Rural General under Bega Valley Local Environmental Plan 2002 was zoned RU2 in LEP 2013 if:

· it was not considered to be part of the shire’s most important agricultural land, or

· it was within the coastal catchment areas (noting that land containing important environmental values (catchment protection or vegetation) with high levels of fragmentation of ownership were zoned C3 (previously known as E3) as opposed to RU2)

At the time, Council considered the use of forestry to be incompatible with the objective of the RU2 zone to protect the scenic forested hinterland and existing character of the rural landscape.

The estimated cost of Council preparing a planning proposal to amend the RU2 zone to permit forestry without consent, is provided as follows:

• Consultant fees to prepare planning proposal: $10,000 - $20,000 (noting that staff resourcing and commitments would preclude staff preparing the planning proposal and this would need to be outsourced)

• Specialist studies $0 - $250,000: This will be highly dependent on the requirements of NSW Government Agencies. For example, if biodiversity and environmental studies are required for all of the RU2 zone, this could be very expensive depending on the requirements for ground truthing.

There are currently no resources allocated in Council’s long term financial plan to facilitate to the above proposed planning proposal, nor is there any recommended adjustments to re-prioritise Council’s resources to facilitate the above at least in the short term which would necessitate the Council to identify a funding source should it wish to initiate the planning proposal.

Staff have received advice that there is no reason why any party other than Council could not initiate the planning proposal process and fund the work required to progress the planning proposal through the statutory process.

Cr Russell Fitzpatrick

Attachments

Nil

Council	21 May 2025
*Item 8.1 - Attachment 1*	Bega Urban Release Planning Proposal

Council	21 May 2025
*Item 8.1 - Attachment 2*	Consultation Summary Report

Council	21 May 2025
*Item 9.2 - Attachment 1*	Letter Call for Expressions of Interest for CWF Consultative Committee 04.04.2025

Council	21 May 2025
*Item 9.2 - Attachment 2*	2025.02.25 Media Release - Expressions of Interest invited for waste facility Consultative Committee

Council	21 May 2025
*Item 10.2 - Attachment 1*	Plan of proposed boundary adjustment - 8 She Oak Place Bega

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	21 May 2025
*Item 10.3 - Attachment 1*	Preliminary design telecommunication facility at Bega Street, Tathra

Council	21 May 2025
*Item 10.4 - Attachment 1*	Procedure 6.03.02 Legal Services Process

Council	21 May 2025
*Item 10.5 - Attachment 1*	DRAFT for public exhibition Policy 3.03 Soil and Water Management

Council	21 May 2025
*Item 10.5 - Attachment 2*	DRAFT for public exhibition Policy 3.10 Waste Services

Council	21 May 2025
*Item 10.5 - Attachment 3*	DRAFT for public exhibition Policy 3.12 Council related Development Application Conflict of Interest Guidelines

Council	21 May 2025
*Item 10.5 - Attachment 4*	DRAFT for public exhibition Policy 3.13 Trees and vegetation on public land

Council	21 May 2025
*Item 10.5 - Attachment 5*	DRAFT for public exhibition Policy 4.04 Companion Animal Management exhibited

Council	21 May 2025
*Item 10.5 - Attachment 6*	DRAFT for public exhibition Policy 4.05 Enforcement and Compliance

Council	21 May 2025
*Item 10.5 - Attachment 7*	DRAFT for public exhibition Policy 4.06 Cemeteries and Memorials

Council	21 May 2025
*Item 10.5 - Attachment 8*	DRAFT for public exhibition Policy 4.07 Water and Sewerage Services

Council	21 May 2025
*Item 10.5 - Attachment 9*	DRAFT for public exhibition Policy 4.10 Land Under Council Jurisdiction

Council	21 May 2025
*Item 10.5 - Attachment 10*	DRAFT for public exhibition Policy 5.01 Asset Management

Council	21 May 2025
*Item 10.5 - Attachment 11*	DRAFT for public exhibition Policy 5.02 Transport Services

Council	21 May 2025
*Item 10.5 - Attachment 12*	DRAFT for public exhibition Policy 6.01 Governance

Council	21 May 2025
*Item 10.5 - Attachment 13*	DRAFT for public exhibition Policy 6.02 Behaviour of Councillors and Staff

Council	21 May 2025
*Item 10.5 - Attachment 14*	DRAFT for public exhibition Policy 6.04 Conditions of Employment

Council	21 May 2025
*Item 10.5 - Attachment 15*	Policy 3.09 Dedication of Public Land Proposed to be revoked

Council	21 May 2025
*Item 10.7 - Attachment 1*	NSW Government response - Standing Committee on State Development Inquiry into the ability of local governments to fund infrastructure and services May 2025

Council	21 May 2025
*Item 10.7 - Attachment 2*	Bega Valley Shire Council Submission Standing Committee on State Development

Council	21 May 2025
*Item 10.9 - Attachment 1*	Council report dated 16 April 2025 - Tenure options at the Merimbula Airport for Sapphire Coast Autos Pty Ltd