Ordinary Meeting Minutes
Held on Wednesday 11 June 2025
at Council Chambers, Biamanga Room, Bega Valley Commemorative Civic Centre, Bega commencing at 2:00pm
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PresentCr Russell Fitzpatrick, Mayor Cr Mitchell Nadin, Deputy Mayor Cr Tony Allen Cr Simon Daly Cr Peter Haggar Cr Clair Mudaliar Cr Peggy Noble Cr Helen O’Neil Cr David Porter |
In AttendanceChief Executive Officer, Mr Anthony McMahon Director, Assets and Operations, Mr Ian Macfarlane Director, Community, Environment and Planning, Mrs Emily Harrison Acting Director, Business and Governance, Mrs Rickee Marshall Manager Communications and Engagement, Ms Kellie Dodge Minute Secretary, Miss Chelsea Jessop |
Statement of Commencement of Live Streaming
The Mayor made an announcement about live streaming requirements:
Council meetings are recorded and live streamed to the Internet for public viewing.
The recording will be archived and made available on Council’s website www.begavalley.nsw.gov.au.
Acknowledgement of Traditional Custodians of Bega Valley Shire
The Mayor commenced by acknowledging, on behalf of Bega Valley Shire Council, the traditional custodians of the lands, waterways and airspace on which we are gathering.
Statement of Ethical Obligations
The Mayor and Councillors are reminded that they remain bound by the Oath/Affirmation of Office made at the start of the council term to undertake their civic duties in the best interests of the people of Bega Valley Shire and to faithfully and impartially carry out the functions, powers, authorities and discretions vested in them under the Local Government Act or any other Act, to the best of their skill and judgement.
The Mayor and Councillors are also reminded of the requirement for disclosure of conflicts of interest in relation to items listed for consideration on the Agenda or which are considered at this meeting in accordance with the Code of Conduct and Code of Meeting Practice.
1. |
Apologies |
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67/25 |
RESOLVED on the motion of Crs Nadin and Haggar That the apology of Director, Business and Governance, Mrs Iliada Bolton be noted. In favour: Crs Allen, Daly, Fitzpatrick, Haggar, Mudaliar, Nadin, Noble, O'Neil and Porter Against: Nil |
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2. |
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68/25 |
RESOLVED on the motion of Crs O'Neil and Noble That the Minutes of the Ordinary Meeting held on 21 May 2025 as circulated, be taken as read and confirmed. In favour: Crs Allen, Daly, Fitzpatrick, Haggar, Mudaliar, Nadin, Noble, O'Neil and Porter Against: Nil |
3. Declarations
Pecuniary Interest
Cr Mudaliar declared a pecuniary conflict of interest for item 8.2 EOI 2425-122 Use of Council Reserves. Cr Mudaliar advised she is employed as Tourism Manager at the Eden Local Aboriginal Council. A signed declaration form was tabled by Cr Mudaliar, she will leave the chamber and not vote.
Non Pecuniary Interest
Cr Fitzpatrick declared a non-pecuniary and less than significant conflict of interest for item 8.1 2023.159 Mixed Use Development - Tourist Accommodation including a Restaurant and Gymnasium, and 14 attached townhouses. Cr Fitzpatrick advised his brother was a former Director of Purdon Planning mentioned in the statement of environmental effects. A signed declaration form was tabled by Cr Fitzpatrick, he will remain in the chamber and vote.
Cr O’Neil declared a non-pecuniary and less than significant conflict of interest for item 10.2 Twyford Hall loan repayment. Cr O’Neil advised she was a former Director of the Twyford Theatre entity in 2021 but has no further involvement . A signed declaration form was tabled by Cr O’Neil, she will remain in the chamber and vote.
4. Public Forum
Report by Mayor of deputations heard prior to the meeting.
Item 8.1 – 2023.159 Mixed Use Development - Tourist Accommodation including a Restaurant and Gymnasium, and 14 attached townhouses
· Gannon Cuneo – FOR - on behalf of Nicholas Merriman
· Nick Merriman – FOR
Item 14.1 – What is the process for Bio-Diversity Values being added or changed in the Spatial Planning Mapping as part of the Bega Valley LEP?
· Phillip Dummett - FOR
5. Petitions
There were no petitions.
6. Mayoral Minutes
On this 11th of June 2025, we come together to express our heartfelt gratitude to our first responders, the courageous souls who stand at the forefront of our communities, ready to lend aid and support whenever it's needed.
Today is Thank a First Responder Day, a time to pause and acknowledge the invaluable contributions of these remarkable individuals.
The simple act of saying Thank You carries profound significance. It serves as a beacon of light, nurturing resilience amidst the challenges our first responders face each day. Your appreciation not only uplifts their spirits but also reaffirms the bond of solidarity that binds us together.
In a world often marked by uncertainty, connection is our anchor, our source of joy and strength. When we extend our gratitude to those who selflessly serve, we forge deeper bonds of compassion and support.
For our first responders, who dedicate their lives to aiding others, knowing they have the unwavering support of their families, friends and community is immeasurable.
Today we are asked to remember and thank the countless individuals who stand ready to answer the call of duty. From the courageous medical professionals and paramedics to the brave firefighters, police officers, and all those who serve on the front lines, their bravery and dedication inspire us all.
Whether facing natural disasters, global pandemics, or emergency situations, our first responders have been the steadfast guardians of our communities.
Let us seize this opportunity not just today, but every day, to express our appreciation to those who stand ready to protect and serve. Whether with a simple Thank You or a heartfelt gesture, let us ensure our first responders know they are cherished and valued members of our community.
Bega Valley Shire Council has celebrated Thank a First Responder Day by inviting first responders to its libraries’ Storytime sessions, where families can meet some of the wonderful first responders that keep our community safe. Hear from first responders about some of the remarkable things they do and say a big thank you!
Many thanks to Fortem Australia, I had breakfast with them this morning and for their help in organising the Storytime Sessions.
7. Urgent Business
There was no urgent business.
8. Staff Reports – Community, Environment and Planning
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8.1 |
Mixed Use Development - Tourist Accommodation including a Restaurant and Gymnasium, and 14 attached townhouses |
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Cr Fitzpatrick declared a non-pecuniary and less than significant conflict of interest for item 8.1 2023.159 Mixed Use Development - Tourist Accommodation including a Restaurant and Gymnasium, and 14 attached townhouses. Cr Fitzpatrick advised his brother was a former Director of Purdon Planning mentioned in the statement of environmental effects. A signed declaration form was tabled by Cr Fitzpatrick, he will remain in the chamber and vote. |
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69/25 |
RESOLVED on the motion of Crs Nadin and FitzpatrickThat Council: 1. Support the Clause 4.6 variation requests to vary the height of buildings and floor space ratio development standards, specified in Clause 4.3 and Clause 4.4 of the BVLEP 2013. 2. Approve development application 2023.159 for the erection of a 25 room hotel (tourist and visitor accommodation) and 14 townhouses (multi-dwelling housing) at Lot: 331 DP: 634957, 58 Merimbula Drive, Merimbula, subject to the conditions of consent provided in Attachment 1. 3. Notify submitters of the Council’s decision. In favour: Crs Allen, Daly, Fitzpatrick, Haggar, Mudaliar, Nadin, Noble, O'Neil and Porter Against: Nil |
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8.2 |
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Cr Mudaliar declared a pecuniary conflict of interest for item 8.2 EOI 2425-122 Use of Council Reserves. Cr Mudaliar advised she is employed as Tourism Manager at the Eden Local Aboriginal Council. A signed declaration form was tabled by Cr Mudaliar, she will leave the chamber and not vote. |
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70/25 |
RESOLVED on the motion of Crs Nadin and Haggar 1. That Council consider the items relating to Eden LALC separate to and after considering the other items in the confidential attachment. 2. That Council endorse the recommendations in the confidential memo and make them public excluding items 6, 7 and 13 to be handled separately. In favour: Crs Allen, Daly, Fitzpatrick, Haggar, Mudaliar, Nadin, Noble, O'Neil and Porter Against: Nil |
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71/25 |
RESOLVED on the motion of Crs Nadin and Daly 1. That Council, as the landowner of Lot 2 DP 221261 (Merimbula Boat Ramp site), grant tenure for mobile food vending to Phoenix Catering in accordance with the adopted fees and charges, effective until 30 June 2028. 2. That Council, as Crown Land Manager of Lot 7019 DP 1122193 (Lions Beach Reserve, Pambula), grant tenure for mobile food vending to Nourish Wholefoods and Café in accordance with the adopted fees and charges, effective until 30 June 2028. 3. That Council, as Crown Land Manager of Lot 49 DP 750227 and part lot 7022 DP 1124387 (Spencer Park, Merimbula), grant tenure for mobile food vending to Hot and Brown Coffee in accordance with the adopted fees and charges, effective until 30 June 2028. 4. That Council, as Crown Land Manager of Lot 488 DP 729229 (Short Point, Merimbula), grant tenure for mobile food vending to High Tide Short Point in accordance with the adopted fees and charges, effective until 30 June 2028. 5. That Council, as Crown Land Manager of Lot 7315 DP 1165045 (Mitchies Jetty, Merimbula), grant tenure for mobile food vending to Fishpen Charters in accordance with the adopted fees and charges, effective until 30 June 2028. 6. That Council, as Crown Land Manager of Lot 7038 DP 1122345 (Jiguma Reserve, Pambula), grant tenure for recreational use to Coastlife Adventures in accordance with the adopted fees and charges, effective until 30 June 2028. 7. That Council, as Crown Land Manager of Lot 7038 DP 1122345 (Jiguma Reserve, Pambula), grant tenure for fitness training activities to Epic Fitness Studio in accordance with the adopted fees and charges, effective until 30 June 2028. 8. That Council, as Crown Land Manager of Lot 49 DP 750227 and part lot 7022 DP 1124387 (Spencer Park and Bar Beach, Merimbula), grant tenure for fitness training activities to Tarryn Lucas Fitness in accordance with the adopted fees and charges, effective until 30 June 2028. 9. That Council, as Crown Land Manager of Lot 272 and Lot 273 DP 821413 (Tathra Beach Reserve, Tathra), grant tenure for fitness training activities to Tarryn Lucas Fitness in accordance with the adopted fees and charges, effective until 30 June 2028. 10. That Council, as Crown Land Manager of Lot 272 and Lot 273 DP 821413 (Tathra Beach Reserve, Tathra), grant tenure for recreational use to Coastlife Adventures in accordance with the adopted fees and charges, effective until 30 June 2028. In favour: Crs Allen, Daly, Fitzpatrick, Haggar, Mudaliar, Nadin, Noble, O'Neil and Porter Against: Nil |
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02:28 pm Cr Mudaliar left the meeting. |
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72/25 |
RESOLVED on the motion of Crs Nadin and O'Neil 1. That Council, as Crown Land Manager of Lot 7010 DP 1071231 (Cocora Beach, Eden), grant tenure for mobile food vending to Eden Local Aboriginal Land Council at the concessional rate of the Crown statutory minimum rent, effective until 30 June 2028. 2. That Council, as Crown Land Manager of Lot 7005 DP 1069879 (Reserve 83815), being Quarantine Bay, Eden, grant tenure for mobile food vending to the Eden Local Aboriginal Land Council at the concessional rate of the Crown statutory minimum rent, effective until 30 June 2028. 3. That Council, as Crown Land Manager of Lot 7308 DP 1159022 (Tathra Beach Reserve, Tathra), grant tenure for mobile food vending to the Bega Local Aboriginal Land Council at the concessional rate of the Crown statutory minimum rent, effective until 30 June 2028. In favour: Crs Allen, Daly, Fitzpatrick, Haggar, Nadin, Noble, O'Neil and Porter Against: Nil Absent: Cr Mudaliar |
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02:30 pm Cr Mudaliar returned to the meeting. |
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It was noted after moving on to and resolving Items 9.1 and 9.2 that the Officer Recommendations in this Item 8.2 EOI 2425-122 Use of Council Reserves had not been fully resolved, The Mayor returned to item 8.2 to resolve the below: |
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73/25 |
RESOLVED on the motion of Crs Nadin and Haggar 1. That Council delegates authority to the Chief Executive Officer to enter into negotiations and execute the necessary documentation to grant tenure to the successful applicants. 2. That Council delegates authority to the Chief Executive Officer to enter into short-term licence agreements with other suitably qualified commercial entities or incorporated organisations, effective until 30 June 2028. In favour: Crs Allen, Daly, Fitzpatrick, Haggar, Mudaliar, Nadin, Noble, O'Neil and Porter Against: Nil |
9. Staff Reports – Assets and Operations
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9.1 |
Reporting of minutes- Section 355 General Sportsground Advisory Committee meeting 24 February 2025 |
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74/25 |
RESOLVED on the motion of Crs Noble and Nadin That Council receive and note the report and attached minutes of the Section 355 General Sportsground Advisory Committee meeting held on 24 February 2025. In favour: Crs Allen, Daly, Fitzpatrick, Haggar, Mudaliar, Nadin, Noble, O'Neil and Porter Against: Nil |
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9.2 |
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75/25 |
RESOLVED on the motion of Crs Haggar and Daly That Council adopt the recommendations of the Bega Valley LTC meeting held on 6 May 2025 as outlined below: Eden Whale Festival – Eden – Saturday 4 and Sunday 5 October 2025 1. That, subject to conditions, Imlay Street, Eden be temporarily closed between the intersections of Bass Street and Chandos Street between 9.00am and 10.00am on Saturday, 4 October 2025 for the Eden Whale Festival Street Parade (TGS “A”). 2. That, subject to conditions, Imlay and Bass Streets, Eden be temporarily closed between the intersections of Imlay Street and Calle Calle Street from 10.00am on Saturday, 4 October 2025 for the Eden Whale Festival Street Parade (TGS “B”). 3. That, subject to conditions, Imlay Street, Bass Street and Hosies Road continuing onto Aslings Beach Road, Eden to Mitchell Street, be temporarily closed from 10.30am on Saturday, 4 October 2025 for the Eden Whale Festival Street Parade (TGS “C”). 4. That, subject to conditions, Bass Street, Aslings Beach Road and Barclay Street, to the Soccer Field be temporarily closed from 10.45am on Saturday, 4 October 2025 for the Eden Whale Festival Street Parade (TGS “D”). 5. That, subject to conditions, Aslings Beach Road and Barclay Street, Eden be temporarily closed between the intersections of Lake Street and Wave Street from 10.45am on Saturday, 4 October 2025 for the Eden Whale Festival Street Parade (TGS “E”). 6. That, subject to conditions, Barclay Street, Eden be temporarily closed between the intersections of Aslings Beach Road and Wave Street from 9.00am until 3.00pm on Saturday, 4 October 2025 for the Eden Whale Festival (TGS “F”). 7. That, subject to conditions, Imlay Street, Eden be temporarily closed between Bass Street and Chandos Street between 9.00am and 12.30pm on Sunday, 5 October 2025 for the Eden Whale Festival Hot Rod Show and Shine car display (TGS “G”). 8. That the proposed events be deemed a Class 2 special event and it be conducted under an approved and current Traffic Guidance Scheme (TGS), in accordance with the Safework NSW Guidelines and Transport for NSW (TfNSW) Traffic Control Guidelines. 9. That persons involved in the preparation and implementation of the TGS must hold the appropriate Safework NSW and TfNSW Accreditation. 10. That, the changes to the TGS recommended by the Local Traffic Committee and forwarded to the event holder be implemented in the TGSs. 11. That, the proposed arrangement involving road closures with an on-road assembly, the following is to be included in the TGS to physically obstruct access to the closed road. a. The road closed (T2-4) sign must be used in conjunction with barrier boards at the start of the site to prohibit general road user access. b. At least 2 Traffic Control Vehicles to be used to physically obstruct access to closed roads to supplement delineation devices if delineation devices alone are insufficient 12. That organisers fully implement an approved Special Event Transport Management Plan. 13. That organisers have approved public liability insurance of at least $20 million indemnifying Bega Valley Shire Council, NSW Police and TfNSW by name for the event. 14. That organisers have written Police approval prior to conducting the event. 15. That the event achieves all conditions of Council’s Use of Public Land approval. 16. That, as a prerequisite of road closures, the event organisers must notify all, local and interstate bus services along with local taxi services and other affected stakeholders of alternative routes including pick-up/drop-off points, including point to point transport. 17. That after the event, organisers are to clean up any rubbish or waste left behind. In favour: Crs Allen, Daly, Fitzpatrick, Haggar, Mudaliar, Nadin, Noble, O'Neil and Porter Against: Nil |
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9.3 |
Request for Tender (RFT 2425-096) Tura Beach Sewage Treatment Plant aeration tank renewal project |
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76/25 |
RESOLVED on the motion of Crs Allen and Nadin 1. That Council accepts the recommendation outlined in the attached confidential memo. In favour: Crs Allen, Daly, Fitzpatrick, Haggar, Mudaliar, Nadin, Noble, O'Neil and Porter Against: Nil |
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77/25 |
RESOLVED on the motion of Crs Allen and Nadin 2. That Council accepts the tender from Sapphire Coast Engineering Pty Ltd in relation to the contract for works described in RFT 2425-096, in the amount of $437,020.61 (excl. GST), subject to variations, contingencies and provisional sums. 3. That authority be delegated to the Chief Executive Officer to execute all necessary documents in relation to the contract, approve contract variations up to the available allocated budget. 4. That all tenderers be advised of Council’s decision. In favour: Crs Allen, Daly, Fitzpatrick, Haggar, Mudaliar, Nadin, Noble, O'Neil and Porter Against: Nil |
10. Staff Reports – Business and Governance
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10.1 |
Determination of the Local Government Remuneration Tribunal - 2026 Financial Year - Mayoral and Councillor Fees |
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78/25 |
RESOLVED on the motion of Crs Allen and Nadin 1. That Council resolves the annual fee payable to Councillors, paid monthly in arrears, from 1 July 2025 to 30 June 2026 is $23,220. 2. That Council resolves the additional annual fee payable to the Mayor, paid monthly in arrears, from 1 July 2025 to 30 June 2026 to be $50,680. 3. That Council resolves to pay superannuation contribution payments on the fees paid. In favour: Crs Allen, Daly, Fitzpatrick, Haggar, Mudaliar, Nadin, Noble, O'Neil and Porter Against: Nil |
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10.2 |
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Cr O’Neil declared a non-pecuniary and less than significant conflict of interest for item 10.2 Twyford Hall loan repayment. Cr O’Neil advised she was a former Director of the Twyford Theatre entity in 2021 but has no further involvement . A signed declaration form was tabled by Cr O’Neil, she will remain in the chamber and vote. |
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79/25 |
RESOLVED on the motion of Crs Fitzpatrick and O'Neil Resolve that Council modify the terms of the Deed of Agreement to repay the $370,000 loan in annual instalments of $37,000 for the next ten (10) years without interest. In favour: Crs Allen, Daly, Fitzpatrick, Haggar, Mudaliar, Nadin, Noble, O'Neil and Porter Against: Nil |
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10.3 |
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80/25 |
RESOLVED on the motion of Crs Allen and Nadin 1. That Council receive and note the report on Council’s investment position at 31 May 2025. 2. That Council notes the certification of the Responsible Accounting Officer In favour: Crs Allen, Daly, Fitzpatrick, Haggar, Mudaliar, Nadin, Noble, O'Neil and Porter Against: Nil |
11. Councillor Reports
There were no Councillor reports.
12. Rescission/Alteration Motions
There were no rescission/alteration motions.
13. Notices of Motion
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13.1 |
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81/25 |
RESOLVED on the motion of Crs Daly and O'Neil 1. That Council recognises the importance of replacement of the Merimbula Boardwalk due to its recent failure 2. Seek assurance from all relevant government agencies that they will prioritise and fast track necessary approvals and permits to facilitate the timely replacement of the Merimbula Boardwalk 3. That staff provide an update on progress to Council in September, outlining how approvals, permits and progress towards commencing construction is progressing. In favour: Crs Allen, Daly, Fitzpatrick, Haggar, Mudaliar, Nadin, Noble, O'Neil and Porter Against: Nil |
14. Questions with Notice
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14.1 |
Cr Fitzpatrick - What is the process for Bio-Diversity Values being added or changed in the Spatial Planning Mapping as part of the Bega Valley LEP? |
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A response to Cr Fitzpatrick’s Question with Notice was provided in the Ordinary Council Meeting Agenda of 11 June 2025 with the response as follows: Council’s overlay mapsThe Bega Valley Local Environmental Plan (BVLEP) 2013, introduced a number of mapping overlays in accordance with the Standard Instrument templated approach to the development of Local Environmental Plans, introduced by the Department of Planning and applied across NSW. These overlays are in addition to the LEP maps such as Land Use Zoning, Minimum Lot Size and Floor Space Ratios and include Natural Resources, Terrestrial Biodiversity, Acid Sulphate Soils and Riparian Lands and Watercourses maps. These overlays relate to local clauses within the Bega Valley LEP and require consideration as part of Development Applications being submitted for a particular property. These overlays do not prohibit development, rather they ensure that permitted uses are appropriately located and do not have adverse impacts on an area’s environmental values. These overlays were exhibited extensively as part of the draft BVLEP 2010 (which became BVLEP 2013) and can be viewed online via the NSW Planning Portal Spatial Viewer: https://www.planningportal.nsw.gov.au/spatialviewer/#/find-a-property/address Should any of these overlays require amendment, Council would be required to prepare a Planning Proposal. Since the original adoption of the BVLEP 2013 there have been no amendments to any of the key environmental overlays. Should there be a need to amend specific parts of these overlays, affected properties would be notified. NSW Government maps related to developmentNSW Government owned and endorsed mapping that has implications for development include the Biodiversity Values Map, Native Vegetation Regulatory Map and Bushfire Prone Land Map. These maps are also available via a property search through the NSW Planning Spatial Viewer. The NSW Government does not notify landowners when changes are made to these maps. In 2017 the NSW Government introduced significant changes to the way that biodiversity is protected, how a range of development activities are regulated and how the impacts of these activities on the natural environment are managed. These reforms were enacted through the introduction of the Biodiversity Conservation Act 2016 (BC Act), Local Land Services Act 2013 and supporting Regulations that replaced the former Native Vegetation Act and Threatened Species Act. Regardless of zoning under BVLEP 2013, all vegetation management in NSW is subject to either the BC Act or the Local Land Services Act. The BC Act applies to all non-rural land in NSW (residential, business, industrial, environmental, recreational etc). Vegetation management on rural zoned lands in NSW is regulated by the Local Land Services Act and the accompanying Native Vegetation Regulatory Map. Biodiversity Values MapA key component of the Biodiversity Conservation Act 2016 (BC Act) is the implementation of the ‘Biodiversity Values Map’, which identifies land with high biodiversity value, such as native vegetation, threatened species habitat and creek lines, that is particularly sensitive to impacts from development. This mapping was introduced in 2017 and is colloquially known as the ‘purple map’ due to the purple colouring used on the map. Local government had no role in the development or implementation of the mapping or the methodology that sits behind its application. The initial introduction of the mapping was not subject to a consultation process nor was there any advisory information provided to landowners whose property was partly or wholly mapped. In addition, until recently Council has only had very limited access to the data behind the mapping. The NSW Government has made several amendments to the original mapping, primarily focused on the addition of specific threatened species (flora and fauna) habitat. Council is not specifically notified or consulted regarding additions (or deletions) to the mapping that apply to our shire. Often, the first staff become aware of changes is as part of vegetation clearing enquiries or development assessments. Whilst there are some exemptions that allow certain clearing to occur without approval on lands mapped on the Biodiversity Values Map (NSW RFS 10/50 clearing, Residential Lots created before 2016 or dangerous trees), the mapping has the effect of requiring a higher level of assessment. This is done through the preparation of Biodiversity Development Assessment Reports (BDARS). After consideration of avoidance, minimisation and potentially offsetting any residual impacts of the clearing, the proposed clearing may be the end result of this assessment. This process generally requires the engagement of an accredited consultant and can involve payment of offsetting credits. Previously, offset payments were made into the NSW Biodiversity Trust. A review of the scheme in 2023 identified persistent credit shortages, market inefficiencies and barriers to landholder participation. These barriers and expenses have been improved through the creation of the Biodiversity Credit Supply Fund. The Biodiversity Values Map has two main implications for Council operations. The primary impact is through the assessment of BDARs submitted to accompany a development application. Council is fortunate to have staff with expertise in assessing BDARS and assisting applicants to ensure the Credit Offset accounting detailed in the BDAR is accurate and appropriate for the proposed impact. The secondary impact relates to assisting landowners to lawfully clear vegetation under the Biodiversity Conservation (BC) SEPP that is not associated with a development application. Council’s Environment Team devote considerable time to these enquiries and assisting landowners to navigate the legislative requirements or provide advice about seeking mapping amendments based on on-ground conditions of a particular site. The lack of awareness of the existence of this mapping by landowners is problematic for landowners carrying out vegetation management that would ordinarily not require approval from Council. This has resulted in landowners receiving fines from NSW Government compliance staff for seemingly innocent activities. The majority of our local land clearing contractors have high levels of awareness of the mapping and routinely contact Council to confirm the application of the mapping. Landowners can seek a ‘mapping amendment’ to remove their property from the Biodiversity Values Map if they believe it to be incorrect. This process has recently become more streamlined and staff regularly provide advice on this process. Landholders seeking detailed information about the biodiversity values mapped on their land can apply for a free Biodiversity Values Category Report and/or Bio-Diversity Values Map review online: www.environment.nsw.gov.au/topics/animals-and-plants/biodiversity-offsets-scheme/clear-and-develop-land/biodiversity-values-map-and-threshold-tool/category-reports-and-map-review/enquiry-form A Biodiversity Values Category Report provides detailed information and maps about the relevant biodiversity values on a property. The NSW Department of Climate Change, Energy, the Environment and Water recommends applying for a Category Report before requesting a Map Review. Experience shows that this often clears up any concerns or misunderstandings. A Map Review allows landowners to provide information which may result in the mapping on their land being updated. Following extensive, ongoing advocacy, staff have received access to some of the detailed data that identifies what the specific factors are that are driving the mapping of a certain property or broader areas encompassed by the mapping. This has been an ongoing challenge for staff involved in development assessment and working with landowners to navigate the mapping restrictions. Sharing of information at officer level streamlines decision making. How is it possible for one parcel of land at times to have more than 1 zoning?Under BVLEP 2013 the application of land use zones relate to a range of characteristics of land, the surrounding area and location. In particular, large land holdings will often have a variety of landforms, environmental characteristics, previous disturbance and development capabilities. In some cases, there may be a totally cleared section of a property that is subject to existing intensive land use (e.g. agriculture, industry or residential) while other sections of the property may have strong environmental values, be subject to hazards or not be practical for future development. When considering zonings staff consider all these factors whilst also evaluating the appropriateness of permissible activities listed in LEP 2013 for a particular zone, infrastructure requirements and critical natural hazards (flood, bushfire, coastal inundation). These considerations do not necessarily align with property boundaries. There are numerous examples across the shire where more than one zone applies to individual properties (noting that different land zonings do not overlap but are their own discrete areas) and this has not resulted in any significant restrictions on the use of particular properties. Continued advocacyIt is proposed that Council staff write to the NSW Minister for the Environment requesting the Department of Climate Change, Energy, the Environment and Water undertake a significant community engagement process around the Biodiversity Values Mapping, the implications of the mapping and assistance available to landowners seeking guidance on the implications of the mapping on their property, and requesting the department be required to consult with local government areas impacted by proposed mapping amendments, to ensure that expertise and knowledge held by Council staff are considered, along with unforeseen implications for Council in the development of critical or major infrastructure. |
15. Questions without Notice
16. Confidential Business
There was no confidential business.
17. Noting of Resolutions from Closed Session
There were no noting of resolutions from closed session.
18. Declassification of reports considered previously in closed session
There were no declassification of reports considered previously in closed session.
Closure
There being no further business, the Chairperson closed the meeting at 3:01 pm.
Confirmed
Russell
Fitzpatrick
(digitally
signed)
Chairperson of the meeting of the Bega Valley Shire Council held on Wednesday, 11 June 2025.