Agenda of Council - Monday, 23 June 2025

Council 23 June 2025

Item 8.1

8.1. Draft Use of Public Land Policy

This report seeks a decision from Council regarding the finalisation of the Use of Public Land (Local Approvals) Policy following exhibition of a draft version of the policy.

Director Community Environment and Planning

Officer’s Recommendation

1. That Council resolves to adopt the draft Use of Public Land (Local Approvals) Policy (draft policy), amended following public exhibition, as detailed in Attachment 1.

2. That Council resolves to adopt the draft amendment to the 2025-26 Fees and Charges document, as detailed in Attachment 2.

3. That, should Council resolve to adopt the draft policy, Council refers it to the Office of Local Government for consent by the Departmental Chief Executive to adopt Part 1 of the draft policy.

4. That Council officers notify submitters of Council’s decision to adopt the drafts.

Executive Summary

At the 18 December 2024 meeting, Council resolved to place the draft Use of Public Land (Local Approvals) Policy (draft policy) and draft amendment to the applicable Council Fees and Charges (draft Fees and Charges amendment) on public exhibition.

During the submission period, 261 submissions and one petition with 371 signatures were received. The majority of the submissions raised concerns about the viability of not-for-profit events under the proposed new fee structure.

Following consideration of the feedback, the proposed new fee structure for events for the 2025-26 Fees and Charges document is as follows:

Application fee: $130

Base rate fee: $140 per day

Commercial stall or operator: $29 per day

The following fee exemptions are proposed:

For Public Authorities and Registered Charities
Use of Public Land activities undertaken by Public Authorities (as defined in the Local Government Act 1993) and Registered Charities (publicly listed on the Australian Charities and Not-for-Profit Commission’s register) to remain as exempt from Use of Public Land Application Processing Fees and Event Fees.

For Not-for-Profit organisations
Use of Public Land activities undertaken by Not-for-Profit organisations to be exempt from Use of Public Land Application Processing Fees and Event Fees when the event or activity is for the purpose of free community benefit, charitable fundraising, and where there is no element of commercial gain on public land.

Where a Not-for-Profit organisation hosts an approved event or activity which includes commercial operators who will obtain private financial benefit, a $130 ‘Application Processing Fee’ and $29 ‘Short Term Use’ fee (per commercial stall/operator, per day) is recommended to be charged directly to the approval holder of the event. This approach aligns with the existing fee structure in the adopted Fees and Charges that is charged to mobile, commercial operators not operating under an approved event or market on public land. It would then be at the Not-for-Profit event holder’s discretion to absorb the fees fully or partially, or pass on the full fees to the commercial operator(s).

Table 1 provides a summary of recommended changes to the draft policy and draft Fees and Charges.

Table 2 provides an example of the proposed new fee structure.

Information on the other changes proposed in the draft policy can be found in the business paper and attachments at Item 8.1 for the 18 December 2024 Council meeting: https://begavalley.infocouncil.biz/Open/2024/12/OC_18122024_AGN_1058_AT_WEB.htm

Background

The draft policy and draft Fees and Charges amendment were reported to the Council meeting held on 18 December 2024, where Council resolved as follows:

1. That Council resolve to publicly exhibit the draft Use of Public Land (Local Approvals) Policy (Attachment 1) and amendment to the 2024-25 Fees and Charges document (Attachment 2) for a period of not less than 42 days.

2. That following the consultation period staff provide a further report to Council with a summary of matters raised in the submissions.

Exhibition period

The drafts were exhibited from 28 January 2025 until 11 March 2025. During the public exhibition period, a total of 261 submissions and one petition with 371 signatures were received. Council staff have undertaken a comprehensive analysis of the matters raised and identified key themes/issues as outlined below.

Of the 261 submissions:

· 119 supported not charging fees for not-for-profit groups

· 101 raised concerns about potential negative impacts on the community

· 78 raised concerns about an existing market approved by a DA that does not use the Use of Public Land approval pathway

· 60 raised concerns that a fundraising or community event may cease if the changes proceed

· 22 raised concerns regarding potential negative impacts to local businesses and tourism

· 17 supported not charging for use of public land at all

· 15 identified that not-for-profit groups save Council money and raise funds for infrastructure and services

· 12 supported not raising fees for use of public land

· 10 raised concerns for charity groups

· 4 supported charging for-profit groups to use public land

· 2 supported the proposed simplified fee structure for events.

Council received one petition during the exhibition period. The petition identified that any change to the event fee structure for Use of Public Land Events would not impact on markets approved with a Development Consent but suggested that the proposed fee amendment could affect the current DA related fee structure. This is not the case. To clarify, it is not the intention of the proposed amendments to effect any change to the existing market licensing fees for markets with development consent. The proposed changes would only apply to events organised under the Use of Public Land policy.

Council staff have also reviewed the components of events held by Not-for-Profit organisations and recommend revised changes to the fee structure. The aim is to reflect the nature of Not-For-Profit events and support their ongoing viability.

Some typos and duplicated text were identified during the exhibition period and these have been addressed in the amended draft. The contents table has been expanded to allow easier navigation of the document.

An expression of interest process for mobile food vending took place between Council’s resolution to exhibit the drafts and this further report to Council. Appendix 1 Suitable Locations for Mobile Vending has been updated to reference Lions Park Tathra as a prime site and remove Jim Preo Reserve Mogareeka from the listing.

The application fee has been amended to reflect changes in indexing for the new financial year, in line with Council’s standard methodology, which would see the application processing fee of $124 (as exhibited with the draft policy) increased to $130.

Council staff have reviewed the issues raised in submissions and recommend changes to the drafts as summarised in Table 1 below.

Table 1: Summary of submission matters following public exhibition

Key issue raised	Staff response	Recommendation
Concern about the impact of the proposed event fee amendment on markets approved with a development consent.	Markets approved with a development consent are subject to separate licensing fees, and the proposed amendments to the drafts are not relevant to these markets.	No change to the drafts.
The event fee for stallholders and commercial operators is too high. Council adopted the Events Strategy 2024-2028 in August 2024. The Strategy emphasises that it is a particularly challenging time to produce and deliver public events. Escalating costs is noted as a key challenge. In alignment with Council’s Events Strategy 2024-2028, a substantial fee increase was not intended to result from the fees and charges review. Many craft and commercial stallholders at not-for-profit events don’t make a profit or run on very low margins. Charging for each stallholder would result in many stallholders no longer participating in these events. If event organisers pass on the stall holder fees, the proposed fees may favour commercial stall holders over community groups. Higher stall holder fees may also discourage smaller enterprises and startups. Events are among the most effective direct marketing tools for our destination. The proposed changes risk diminishing the effectiveness of events as a key component of destination promotion and marketing.	Under Council’s currently adopted Fees and Charges, mobile food and retail vendors that are not operating within an approved event or market and are operating on a temporary ‘pop-up’ or ad-hoc basis, are charged a $29 short-term use fee to trade commercially on public land. Council could align the event and short-term use fee for commercial operators.	Amend the draft fees and charges document to reduce commercial stall/operator fees from $60 to the equivalent of the existing ‘Short Term Fee’ amount of $29 per commercial stall/operator per day. Retain the proposed highly tiered event fee structure to ensure that event fees are tiered in accordance with the size and complexity of each event.
Many local service organisations that run events are not registered charities, such as Lions Clubs, Rotary, and others. Not-for-Profit organisations are not classified as a registered charity and therefore are not eligible for a fee exemption. Not-for-profits are volunteer-run, contribute substantially to the economic, social, health, and cultural institutions of the shire and should be exempt from fees. If Not-for-profit organisations are required to pay fees to run events it will make most of the events unviable. The proposed amended fees are premised on cost recovery for the salary of the Use of Public Land Officer. The benefits of events are generally diffuse through the community and economy, justifying socialising costs via other revenue streams rather than seeking direct revenue from event organisers. Pursuing cost recovery carries the risk that events may discontinue, relocate, or seek alternative ways to avoid fees. This could undermine the cost recovery objective. In 2022, Bega Valley Business Forum successfully advocated for not-for-profits to be exempt from Use of Public Land fees, and Council agreed to waive charges for such organisations. The new policy revision, however, undermines this agreement by narrowing the exemption to only Registered Charities.	‘Not-for-profits’ include a broad range of organisational types, including community groups, sporting groups, chambers of commerce, political groups, and lobby groups. Size and resourcing across these groups varies. Some not-for-profits are volunteer-run. It's very clear from the submissions that many local events are run by local not-for-profit groups. The purposes of the events vary, and may include fundraising, community benefit, economic development and the arts. Many of these events are free or inexpensive to attend and contribute substantially to the well-being of the community, whether socially, culturally, or economically. The overwhelming message received from submitters is that Bega Valley Shire residents don’t want to see any loss or attrition of events and activities on Council land. Responding to this context and trying to find a balance between cost-recovery and supporting not-for-profits to hold events, Council could exempt Not-for-Profit organisations from Application Processing Fees and Event Fees when the event or activity is intended solely for free community benefit, charitable fundraising, and where there is no element of commercial gain on public land. Some Not-for-profit groups hold events on public land that benefit the community, and that incorporate commercial operators that are trading for-profit. In these instances, Council could charge a standard $130 Use of Public Land application fee and $29 per commercial stall/operator per day, with the event base rate fee of $140 per day waived. This policy position is reflected in the recommendation. Alternatively, recognising the broader benefits associated with events undertaken by not-for-profit groups, Council could choose not to pursue cost-recovery and exempt not-for-profit groups (except for lobby and political groups) from all event fees. This policy position is reflected as an Option in this report.	Amend the draft policy by adding the following text to Fees as follows: ‘Events by Not-for-Profit organisations, when the event is solely for free community benefit, charitable fundraising, and there is no element of commercial gain on public land, are exempt from Use of Public Land ‘Application Processing’ fee and ‘Event’ fees (Event - base rate and Event - commercial stall or operator).Events by Not-for-Profit organisations, that include commercial stalls/operators, are exempt from the ‘Event - base rate’ fee.
Council should not charge for use of public land.	The Local Government Act 1993 (LG Act) details that certain activities in association with public roads and community land require the approval of the Council. Administering these approvals involves costs to Council and the LG Act provides that Council may charge fees for carrying out this regulatory service. When individuals or organisations wish to use public land for the purposes of commercial gain, then it is not inappropriate that Council charge fees to cover the associated costs to the community. Council may choose to not recover these costs, giving regard to broader social and economic goals and outcomes, however the cost would instead be borne by the broader community.	No change to the drafts.
Market stall fees listed under the Property Services heading in the Fees and Charges document are comparatively lower than the proposed stall/operator fees and the draft amendments.	The fees and charges listed under Property Services apply to markets operating under a separate approval pathway, such as licences and development consents. This pathway is not relevant to the proposed amendments.	No change to the drafts.
Not-for-profit organisations that are not registered charities may request charitable organisations to oversee (auspice) events on their behalf. This would create additional administrative and governance challenges for event organisers and the charitable organisations. Although some organisations such as Rotary are affiliated with registered charities, the fundraising work carried out by local Rotary clubs in most circumstances cannot be subject to an auspicing arrangement by a registered charity.	Some not-for-profit organisations that are not registered charities can seek the support of registered charitable organisations to oversee (auspice) events on their behalf. Such collaboration enables access to essential resources, including insurance coverage, risk management frameworks, and financial systems, which are often necessary to meet event application requirements. This opportunity is not available to all not-for-profit organisations. Use of this option may result in additional administrative and governance requirements for the auspicee and the auspicor.	No change to the drafts.
Safety and amenity concerns in relation to mobile food vending at Bermagui Point.	Noted	Remove Bermagui Point Reserve from the Suitable Locations for Mobile Vending listing.
Ceremonies are not exempt from Use of Public Land Approval.	Council could consider including small ceremonies as exempt from Use of Public Land approval.	Amend the draft policy to provide that small ceremonies with 14 or less attendees and including no set up are exempt from Use of Public Land approval. Ceremonies with 15 or more attendees, and/or ceremonial set up and/or temporary structures require a Use of Public Land approval and are subject to the standard application fee $130.00 + $120.00 per site. Update the term ceremonies to include wedding ceremonies and funeral services, but does not include receptions. Wedding and funeral receptions would be considered an event and subject to separate approval, fees and charges.
The 500m exclusion zone for mobile food vending from established food and drink premises is too large and should be reduced to 250m, like Eurobodalla Shire Council.	The draft policy seeks to find a balance between supporting mobile food vending and fixed food and drink premises, noting that both entities contribute to vital places. It is not the intention of the draft policy to seek to change the established and generally accepted 500m exclusion rule.	No change to the drafts.
The Bermagui (Sub-Branch) of the RSL of Australia requests that the draft policy is amended to restrict use of the land around the Bermagui War Memorial (including the Lone Pine tree), except for Memorial Services conducted by the Bermagui RSL, in order to respect the memory of the people who sacrificed their lives for Australia.	Noted. The request can be implemented within the broader shire context as a matter for consideration for all events.	Insert into the draft policy, under Additional criteria for events as follows: Except for memorial events, events must not be held at a War Memorial or its associated gardens, to ensure these spaces remain places of reflection and respect for those affected by war. Events proposed in the vicinity of a War Memorial must demonstrate how access to these areas will be restricted.
The blurb about the activity needing to be exempt from a development consent would be useful if located earlier in the document and stated more clearly.	Noted	Move text relating to Exempt Development from Part 2 to Part 1 of the document and make it clearer.
Fee exemptions and the definition for Registered Charities cannot be inserted into the Draft Fees and Charges document and need to be included in the policy.	Noted	Add the definition for Registered Charities, in accordance with the Australian Charities and Not-for-profits Commission’s (ACNC) register, into the draft policy document. Move fee exemptions from the draft fees and charges amendment to the Fees section of draft policy.
It would be very difficult to trade reliably as a mobile food van if required to move the van daily. Consider amending the draft policy to allow the van to stay on site when positioned on a sealed surface and an exclusive lease arrangement is in place.	Some tenure arrangements may permit exclusive use of a site, in which case it would be suitable to permit the mobile food outlet to remain onsite.	Amend the draft policy to include the following qualifying statement: ‘unless stipulated differently in a tenure arrangement with Council’.
The requirement relating to a mobile food van providing adequate lighting outside of 7am-7pm hours should be amended to 6am-6pm to reflect the shortest days of the year.	Noted	Amend the policy to delete ‘7am-7pm’ and replace it with ‘daylight hours’.
If additional fees may be payable for use of sportsgrounds, parks or reserves, it would be helpful to advise the applicant.	Noted	Amend Fees section in the draft policy to identify that additional fees may apply for the use of sportsgrounds, parks and reserves.
Additional criteria “c” for markets should be amended to make submission of a Temporary Food Stall Application the responsibility of the stallholder, not the organisation running the market.	Noted	Amend the policy to clarify ‘stall holder/s’ need to submit a Temporary Food Stall Application

Options

Options available to Council are to:

Option 1

Resolve to adopt the drafts subject to the amendments and changes recommended in this report (Attachments 1 and 2).

This option recommends a number of changes based on community feedback and represents a balanced approach, supporting community events while promoting fairness in fee modelling and enabling cost recovery for the Public Land Use Officer role responsible for facilitating and regulating public land use. It is anticipated that the implementation of this policy will establish clear and transparent criteria to guide staff decision-making and move the administration of public land use towards a partial cost recovery position.

This is the recommended option.

Option 2

Resolve to adopt the drafts, subject to the amendments and changes recommended in this report (Attachments 1 and 2), with the exception that not-for-profit groups be exempt from all application processing and event fees including the commercial stall/operator fees, in relation to events.

This option would be simple to administer, reflects the contribution and benefits of not-for-profit events across the community and economy, and recognises the role of event-related fundraising used by community organisations such as Rotary, Lions, and sporting and cultural groups.

This option would reduce opportunities for cost-recovery for the administration and ancillary services provided by Council in association with events, however it would give greater effect to the vision and desired outcome of Council’s Events Strategy.

This is an alternative option for Councillors to consider.

Option 3

Resolve to vary the draft Use of Public Land (Local Approvals) Policy and/or draft Fees and Charges for use of public land. Councillors would need to advise of proposed changes and forward additional recommendations to Council officers to review the procedural process.

This option is not recommended.

Option 4

Resolve to support the draft Use of Public Land (Local Approvals) Policy as exhibited with no amendments. This option does not give consideration to the submissions received during the exhibition period and may result in some events not proceeding and subsequent losses to the community and the economy.

This option is not recommended.

Option 5

Resolve to not support the drafts. This would mean that Council would retain the existing Use of Public Land (Local Approvals) Policy and existing fee structure for events. This option is not recommended as the proposed drafts, subject to the amendments and changes recommended in this report (Attachments 1 and 2), address lack of clarity around fee exemptions, incorporate significant improvements, broaden the spectrum of exempt activities, and address identified gaps in information since the policy’s adoption in 2022.

This option is not recommended.

Community and Stakeholder Engagement

Engagement undertaken

In accordance with the Council resolution of 18 December 2025 the draft Use of Public Land (Local Approvals) Policy was publicly exhibited for 42 days from 28 January until 11 March 2025. Two hundred and sixty one (261) submissions were received through Council’s Have Your Say webpage. A petition with 371 signatures was also received.

Notification of the public exhibition included all Council communication channels, including a media release, Council’s webpage, Council’s Facebook page and in the Bega Valley Together newsletter. The notification of public exhibition was also distributed as broadly as possible, via email and post, individually notifying and inviting 275 external stakeholders to make a submission on Council’s Have your Say page. Key stakeholders included Chambers of Commerce, Tourism organisations, Local Aboriginal Land Councils, Rotary Clubs, Development Professionals and all other Use of Public Land applicants over the past 18 months.

During the public exhibition period, it was identified that some of the proposed amendments to the draft Use of Public Land (Local Approvals) Policy and 2024-25 Fees and Charges document had been misinterpreted in their meaning and application, and misinformation had been publicly distributed on social media and networking channels. Council issued a media release on the 26 February 2025 to provide further clarification regarding the exhibition timeframes, consultation process, and sources of factual information on Council’s Have Your Say page.

This report provides a summary of key matters raised from the 261 submissions regarding the recommended changes to the draft Use of Public Land (Local Approvals) Policy. Council officers have provided a response to the key issues raised and recommendations as previously detailed in Table 1.

The petition advocated that the proposed fee amendments should not apply to the DA related fee structure. To clarify, there has been no intent for the proposed amendments to effect any change to the existing market licensing fees for markets with development consent. The proposed changes would only apply to events organised under the Use of Public Land policy.

Engagement planned

Council officers will notify submitters of the outcome of the draft Use of Public Land (Local Approvals) Policy subject to finalisation via Councillor resolution.

Financial and Resource Considerations

The Use of Public Land Officer is responsible for administering Council’s approval functions under Section 68 of the Local Government Act 1993 in relation to the use of public land. This includes public roads and community land being Council-owned or Council managed land. The regulatory functions outlined in the draft Use of Public Land (Local Approvals) Policy are essential for ensuring that public land is used in a planned, predictable and safe manner. These functions also serve to balance key priorities such as ecological sustainability, economic activity, transparency, risk management and equitable public access. The role is vital to customer service and coordination for events and activities on Council-owned or managed land.

The proposed amendments to the drafts were attempting to achieve cost recovery, in accordance with decisions made when the Use of Public Land Officer position was created, and responding to the financially constrained environment Council is currently operating within. Striking an appropriate balance between offering fee exemptions and applying charges for the use of public land, including for the related ancillary services provided by Council, remains a challenge. Related ancillary services can include facilitating vehicular access, supplying electricity, cleaning amenities and maintaining grounds.

The exhibited draft Use of Public Land (Local Approvals) Policy recommended Not-for-Profit organisations be excluded from the fee exemption category, and that fee exemptions be limited to Public Authorities and Registered Charities. Following the exhibition period, Council staff have reviewed the components of events held by Not-for-Profit organisations and recommend revised changes to the fee structure. The aim is to reflect the nature of Not-for-Profit events and support their ongoing viability by:

· exempting them from fees if the event has no elements that provide commercial gain

· introducing reduced fees for events organised by Not-for Profit groups that include activities for commercial gain.

The proposed new fee structure for events is as follows:

Application fee: $130

Base rate fee: $140 per day

Commercial stall or operator: $29 per day

The following fee exemptions are proposed:

Where a Not-for-Profit organisation hosts an approved event or activity which includes commercial operators who will obtain private financial benefit, a $130 ‘Application Processing Fee’ and $29 ‘Short Term Use’ fee (per commercial stall/operator per day) is recommended to be charged directly to the approval holder of the event. This approach aligns with the existing fee structure in the adopted Fees and Charges that is charged to mobile, commercial operators not operating under an approved event or market on public land. It would then be at the Not-for-Profit event holder’s discretion to absorb the fees fully or partially or pass on the full fees to the commercial operator(s).

Table 2: Example of amendment to proposed fees and charges for Not-for-Profit organisations

Previous recommendation for all Not-for-Profit events and activities
Fee description	Amount
Application Processing Fee	$130.00* per application
Event – base rate	$140.00 per day
Event – commercial stall or operator	$60.00 per day/operator
* Note: The application fee has been amended to reflect changes in indexing for the new financial year, in line with Council’s standard methodology, which would see the application processing fee of $124 (as exhibited with the draft policy) increased to $130.
Proposed amendment for Not-for-Profit events and activities without commercial operators
	Exempt from Use of Public Land Fees

Proposed amendment for NFP events and activities with commercial operators
Fee description	Amount
Application Processing Fee	$130.00 per application
Event – commercial stall or operator	$29.00 per day, per operator

Legal /Policy

The following sections of the Local Government Act 1993 are relevant to this matter:

· Section 68 What activities, generally, require the approval of the council

· Section 162 Departmental Chief Executive’s consent required to exemption from necessity for approval

The draft Use of Public Land (Local Approvals) Policy is informed by requirements of the Roads Act 1993, Roads Transport Act 2013, Food Act 2003, Crown Land Management Act 2016, Work Health and Safety Act 2011, Bega Valley Local Environmental Plan 2013 and State Environmental Planning Policy (Exempt and Complying Development Codes) 2008.

Pending adoption by Council, Part 1 of the Use of Public Land (Local Approvals) Policy is required to be submitted to the Office of Local Government for consent by the Departmental Chief Executive.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

Since the last review of the policy:

· Council has adopted the Bega Valley Community Strategic Plan 2042, which seeks to retain or increase community participation in community activities and residents’ sense of belonging.

The draft Use of Public Land (Local Approvals) Policy has been reviewed with consideration of the Bega Valley Community Strategic Plan 2042. Of relevance to this review are the following strategic objectives:

o We are a vibrant, respectful, inclusive and connected community that enjoys a culturally rich community life.

o Collaborate with partners to provide and support opportunities for social interaction, cultural industries, activities and events.

o Our economy is prosperous, diverse and supported by innovative and creative businesses.

In order to achieve these aims, the draft Use of Public Land (Local Approvals) Policy has been reviewed to:

o clarify what activities Council will support

o provide certainty for approval pathways

o ensure access and inclusion

o manage risk, taking into consideration Council’s dual roles as landowner and consent authority.

· Council has adopted the Bega Valley Shire Events Strategy. The strategy identifies that rising costs, increasing regulation and inadequate resourcing within Council are key threats to events in the Bega Valley Shire.

The Events Strategy provides the following vision:

o Council and community working together to support and deliver a diverse calendar of sustainable events that showcase what makes our region a great place to live, visit and invest.

The Events Strategy includes the following relevant actions and desired outcomes:

o Review of Council’s Use of Public Lands Policy and event related fees and charges

o Ease administrative workload of event organisers

o Improve clarity in the support Council provides to events

· Council has approved and adopted the permanent Special Rate Variation (SRV) of 24% inclusive of the 4.1% rate peg for the 2023-24 financial year and further 19.6% inclusive of the 4.9% rate peg for the 2024-25 financial year.

· Council has adopted the Long Term Financial Plan (LTFP), detailing that “Financial sustainability is one of the key issues facing local government, due to several contributing factors including growing demands for community services and facilities, constrained revenue growth, escalating cost of materials and ageing infrastructure”. The LTFP identifies that despite the approved SRV, there is an ongoing anticipated revenue gap.

Environment and Climate Change

As part of the assessment criteria under the Local Government Act 1993, detailed in Part 2 of the draft Use of Public Land (Local Approvals) Policy, in determining any application Council will take into consideration:

• the principles of ecological sustainable development (per the definitions table)

• protection of the environment.

Economic

The policy review has identified notable economic implications for both Council and the community. Fee exemptions and the structure of event-related charges directly influence the financial viability of events and the revenue available to resource this service. In undertaking this review, the aim has been to identify straightforward, transparent and equitable solutions that enable Council to support the activation of public land while maintaining sound financial management.

A key recommendation arising from the review is the application of the existing ‘Short Term Use’ fee for Not-for-Profit organisations that host events involving commercial operators (refer to Table 2). This approach allows commercial trading to occur at a reduced rate, without a daily base rate fee and in alignment with fees charged to other commercial operators not affiliated with such events. This model ensures consistency and fairness, while recognising the distinct role Not-for-Profit groups play in delivering community-focused events.

Both the existing and amended draft Use of Public Land (Local Approvals) Policy (Attachment 1) provide for private use of public land for economic gain in an equitable and transparent framework. Where commercial use of public land is proposed to be regular (i.e. daily, weekly or monthly), the applicant is required to enter into a tenure agreement with Council.

Risk

Council is liable for any activity undertaken on public land or land under the care and control of Council. This policy is the primary mechanism Council has to regulate activities on this land and ensure that risk is managed or mitigated.

There are reputational risks to Council associated with fees and fee exemptions. With the amended drafts, there remains a risk that some activities or events that were previously granted fee exemptions may not proceed if they are no longer eligible under the new fee structure. However, the proposed amended fee structure is intended to mitigate this risk and seeks to find a balance between supporting community events while promoting fairness in fee modelling and enabling some cost recovery for the Public Land Use Officer role responsible for facilitating and regulating public land use.

Social / Cultural

The submissions received by Council during the exhibition period identify that many local events are run by local not-for-profit groups. The purposes of the events vary, and may include fundraising, community benefit, economic development and the arts. The submissions demonstrate that regardless of purpose, these events contribute substantially to the wellbeing of the broader community, whether socially, culturally or economically.

The overwhelming message received from submitters is that Bega Valley Shire residents don’t want to see any loss or attrition of events and activities on Council land.

Attachments

1 ⇩. Use of Public Land (Local Approvals Policy) with tracked changes post public exhibition

2 ⇩. Draft Use of Public Land fees and charges amendments

Council 23 June 2025

Item 9.1

9.1. Community Project Proposals (Major)

This report provides a summary of the Community Project Proposals (major projects) received 2024/25 FY, for Council’s information and consideration.

Director Assets and Operations

Officer’s Recommendation

That the Community Project Proposals be determined as follows:

1. That the proposal from Pambula Fishing Club for a roof shelter over the fish cleaning table at the Broadwater boat ramp is not supported by Council, as it is an increase in typical asset provision and will create an additional asset in BVSC's asset inventory.

2. That the proposal from Bega District Woodcraft Association for an extension to the Bega District Woodcraft Association shed at Tarraganda Hall be supported by Council, subject to the applicant completing the project development checklist, sourcing external funding, obtaining relevant approvals, making any necessary amendments to the existing licence agreement, Native Title and Cultural Due Diligence Assessment, and confirming they will be responsible for ongoing care, maintenance and renewal of the asset.

3. That the proposal from Montreal Goldfield Wallaga Lake Inc. for extensions to the Montreal Goldfield Heritage Centre be supported by Council to enable the applicant to make external funding applications, and subject to the applicant completing the project development checklist, sourcing external funding, undertaking consultation with relevant stakeholders, obtaining relevant approvals including Native Title and Cultural Due Diligence Assessment, working through land tenure approvals and requirements relevant to the use of the site, and confirming they will be responsible for ongoing care, maintenance and renewal of the asset.

4. That the proposal from Pambula Pony Club for additional yards at Pambula Beach Sports Complex equestrian area is not supported by Council as the site is not identified as a refuge in the case of natural disasters, and it may restrict access onto the lower area and create an additional asset in Council’s depreciation schedule.

5. That the proposal from Wolumla Football Club for the road sealing (driveway & carpark) at Wolumla Recreation Ground be supported by Council as a standard service level, subject to the applicant sourcing external funding, obtaining relevant approvals including Native Title and Cultural Due Diligence Assessment and the applicant undertaking further project development and detail design for approval.

6. That the proposal from Eden Log Cabin Committee / Eden Community Access Centre Inc. for extensions to Eden Log Cabin for:

i. Installation of showers are not supported by Council as the building is not identified as an evacuation centre.

ii. Storage and solar panels / battery to be supported by Council with the applicant completing the project development checklist, sourcing external funding, undertaking consultation with relevant stakeholders, obtaining relevant approvals, confirming they will be responsible for ongoing care, maintenance and renewal, and the applicant undertaking further project development and detail design for approval.

7. That the proposal from Friends of Glebe Wetlands Inc. for the installation of a steel barrier railing to culvert at East Street Bega is not supported by Council as it is beyond traffic design requirements for the location.

8. The proposal from Connecting Communities Australia for the Disaster Preparedness Project, is supported in principle contingent upon the applicant completing the project development checklist, sourcing external funding, undertaking consultation with relevant stakeholders, obtaining relevant approvals including Native Title and Cultural Due Diligence Assessment as needed, and confirming responsibilities for ongoing care, maintenance, and renewal.

9. That the proposal from Bega RLS Subbranch for installation of a fence between Bega Memorial and Bega Recreation Ground is not supported by Council as it will restrict access through the public space and create an additional asset in Council’s depreciation schedule.

10. That the proposal from Sapphire Coast Pickleball Association for:

i. Multipurpose line marking on Bermagui Multi Use Courts is supported by Council with the applicant to source external funding and undertake consultation with the site committee.

ii. Acrylic rubber resurfacing and additional fencing of the multipurpose courts is not supported by Council as it is an increase in typical asset service level.

11. That the proposal from Bermagui and District Netball Association for:

i. Lighting at the Bermagui Dickinson Park Multi-Purpose Courts is supported by Council and the applicant sourcing external funding, undertaking consultation with the site committee and detail design for approval submitted to BVSC for approval.

ii. The installation of roof covering over the courts are not supported by Council, as there is an indoor court at the Bermagui Indoor Sports Stadium, and it will create an additional asset in Council’s depreciation schedule.

12. That the proposal from Sapphire Coast Pickleball Association for:

i. The multiuse line marking of Pambula Sporting Complex Multi-Purpose Courts be supported by Council and the applicant to source external funding and undertaking consultation with the site committee.

ii. Acrylic rubber resurfacing of the multipurpose courts is not supported by Council as it is an increase in typical asset service level.

13. That the proposal from Tathra & District Business Chamber for the pedestrian/cycle shared pathway upgrade at Tathra Andy Poole Drive corridor have in principle support subject to completing the project development checklist, sourcing external funding, undertaking consultation with relevant stakeholders, obtaining relevant approvals including Native Title and Cultural Due Diligence Assessment, working through land tenure approvals and requirements relevant to the use of the site, and applicants design aligns the Councils endorsed Option 1 of the Tathra Options Study 2022.

14. That the proposal from Friends of Tarraganda Hall for the additions of veranda, storage room, landscaping and parking upgrade at Tarragindi Hall is supported contingent upon the applicant completing the project development checklist, sourcing external funding, undertaking consultation with relevant stakeholders, obtaining relevant approvals including native title and working through land tenure approvals and requirements relevant to the use of the site, and confirming their responsibility for ongoing care, maintenance, and renewal.

Executive Summary

The community plays an important role in helping Bega Valley Shire Council (BVSC) identify and deliver new and/or improved community facilities. The Community Project Proposal (CPP) process seeks to provide a consistent framework for Council to receive and consider a wide range of projects proposed by the community. These projects included in this report are deemed major projects including new assets. Council officers have reviewed the proposals received in the 2024/25 financial year and a summary and assessment sheet is attached. Councillors have been provided copies of the full Community Project Proposal applications via the councillor online portal and have participated in a workshop providing an overview of the proposals and the staff assessments.

Background

Council is responsible for all works and assets located on Council managed land. BVSC responsibilities include compliance, maintenance, safety and ongoing asset management and depreciation. Regardless of the project size, all works proposed for BVSC managed land need to be considered in the context of available funding, provision levels, risk management, required approvals, maintenance, and renewal costs. It is also important to consider if the proposed projects can add value to other planned Council works.

It is understood that many projects seem to have merit and high levels of interest from the applicant. Council must do an assessment of resourcing, costs, ongoing asset management and levels of use before they are recommended by council officers to be prioritised by council.

There are fourteen (14) major CPP’s reported for Council’s consideration. Major CPP’s are projects that are complex, create a new asset, result in changed use or amenity, increase service levels beyond what council typically provides, require resourcing and support from council, contain barriers for delivery such as specific approvals (REF, AHIPS, permits, native title etc) or that will result in notable additional ongoing operations, maintenance and depreciation costs. The proposals have been loaded onto the councillor portal for councillor’s information and review. A summary sheet of the proposals and staff assessment has also been posted on the portal. Staff recommendations are provided for Council’s consideration.

CPP’s received are reviewed and assessed by council staff. The assessment includes comments and recommendations, and provides a rating against the following project criteria:

· Asset Renewal. Is it renewing an existing asset or an upgrade? Is the work linking to a required renewal from an asset register?

· Provision/Use/Value. Is the project relevant to current community needs? Will the facilities be well used? Will the community be getting good value? Is the opportunity cost to other projects and groups fair and acceptable?

· Links to other plans and works. Are the works linked to adopted Strategic Plans, Facility Management Plans, asset renewals or planned maintenance programs?

· Project Scale. How large is the project?

· Project Complexity. Will the project require Environmental and Heritage approvals? Cultural Heritage approvals? Crown Land approvals? Council development application approval?

· Requested BVSC Funding. Are funds requested from council? Are related funds allocated in budgets for asset renewals or maintenance? Is there good value in the funding level requested?

· Likely BVSC Involvement. What level of project assistance is required? Noting other planned and programmed works what staff capacity is available? Is direction required in the approvals processes?

· Ongoing Operations/Management. What will be the cost to council to maintain the asset over its lifecycle?

· Risk Management: What are the risks involved in the project?

BVSC Involvement: It is noted that council has responsibility for works undertaken on council managed land. This can lead to high expectations from applicants that council will perform some or many of the actions and items required in the delivery of their project. However, council does not have dedicated staff to assist in the delivery of community projects. Council’s focus is on delivery of projects identified in the Operational Plan adopted each year. If there is a high level of staff involvement there is potential for community projects to impact on delivery of other works directed by council in the annual Operational Plan. Project management time is also an important consideration as promoting or adding a project to current workloads will influence the completion of other planned and programmed projects. This is the reason major Community Project Proposals (CPPs) are reported to Council annually. The report enables councillors to be aware of what projects have been proposed, potential issues to be managed and to consider the resource requirements of proposed major projects.

In addition to the fourteen ‘major’ CPP’s considered in this report, there have been a further twenty-six ‘minor’ CPP’s assessed under staff delegation in the 2024/25 financial year. These fundamentally relate to simple projects to renew assets or minor improvements to existing assets. Example projects include the upgrade of ceiling fans (Cobargo School of Arts Hall), lowland grassy woodland conservation program (Bemboka River Reserve), repairs to playground access & landscape refurbishment (Tathra Pre School), installation of mesh on perimeter fence (George Brown Oval Eden), replacement of goal posts (Bermagui Dickinson Oval), upgrade of internal lighting (Pambula Beach Surf Club) and lifeguard temporary storage (Eden Aslings beach patrols).

The challenge in reviewing CPP’s is to give them the consideration they deserve, consider risks, and work out where they fit with other planned and programmed works, particularly if the proposal requests resources from council. Council has an option to contribute to projects; however, this will come at the expense of other required and planned asset renewal and capital works programs.

Realistically, council does not have the resources to meet all requests in terms of capital funding, project management or ongoing asset management. An important benefit of the CPP process is that council can consider these aspects, what is a reasonable provision of assets and provide direction which better enables the community groups to develop their project and look to the most realistic methods to deliver well used assets into the future.

Options

Options are to either support or not support each community project proposal included in this report.

Community and Stakeholder Engagement

There is often extensive engagement between council staff and community groups prior to CPP’s being submitted as well as during project delivery.

Currently, applicants are notified with details of the meeting if they wish to attend and are notified of the outcome of their proposals. They are forwarded a copy of the Council resolution and a project development checklist template. A staff member is identified as a point of contact for the project or other related information.

Engagement undertaken

There is an overview of the Community Project Proposal procedure on the BVSC website. Applicants are directed to this information in the first instance and there is ongoing engagement throughout the CPP process, as well as notification regarding the annual major CPP submission deadline by email, BVSC website and social media.

The CPP process and information was included in the Grant Workshop information session held on 25 February 2025.

Engagement planned

Ongoing review and addition of CPP information in future BVSC grant funding information sessions, webpage updates and use of social media for information distribution.

Project officers delegated to CPP’s enables engagement with the applicant during the delivery phase. These officers provide advice on the project. It is not intended they arrange or undertake project delivery tasks.

Financial and Resource Considerations

Council has not budgeted funds to support CPPs however some proposals may align with the BVSC maintenance programs, scheduled asset renewals or grant programs. The level of resourcing and contribution sought from council is an important aspect for consideration.

Council resources are limited and favouring any one project over another is likely to affect or defer the delivery of other planned and programmed works. That is not to say a BVSC contribution is not possible. This is particularly the case where a project links to asset renewals and maintenance programs and the BVSC contribution represents ‘good value’ to the community in delivery of well used assets. However, this is dependent on funding being available and aligned to the works.

Committees, community groups and volunteers often seek funding and grant opportunities to support their project proposal. The first step is gaining council support for works on council managed land. Completion of the project development checklist helps applicants to see the project scope is clear and complete and the resources identified are sufficient to complete the works. Project costs and amounts requested from BVSC are included in the attached Summary Sheet.

Legal /Policy

Procedure 1.08.03 Community Project Proposals is published on the Council website.

Works on public land can trigger legislative requirements related to environment and heritage, access and Building Code compliance, planning and development approvals and in some instances, approvals from the landowner or manager.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

Delivery Program 2022 -2025 goals are:

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

D5.3 - Operate and maintain recreation facilities, boating infrastructure, public toilets and sporting facilities and natural assets with community, committees, and groups.

Operational / Asset Management Plan

Council’s annual Operational Plan is developed alongside a Resourcing Strategy which outlines how actions and activities will be financed, assets managed, and services delivered. The annual BVSC Operational Plan identifies the priority projects Council intends to deliver with the resources it has available (staff and funding).

Asset management and Capital Works programs are primarily based on renewal and improving existing assets (e.g., replacing existing aging assets).

A large majority of projects proposed by applicants focus on a particular user or interest group and relate to new works or significant upgrades of existing assets. Individually most projects have merit, reflect the interests of the applicant and deserve consideration. However, council needs to be aware that continuing to expand its asset inventory comes at a future cost in terms of both ongoing operations and future asset renewals.

Environment and Climate Change

As part of community project proposal process applicants are expected to outline any environmental benefits or risks associated with their proposals.

Economic

The community project proposals outline, to varying degrees, the economic benefits associated with the respective proposals. Several of the proposals presented in this report are tourism related and aimed at enhancing the tourism experience within the Shire.

Risk

A key aspect of the CPP Procedure and process is aimed at mitigating risk. Examples of the risks that need consideration in relation to any project are:

· The costs and considerations surrounding BVSC’s ongoing asset management/liability.

· Project oversight and the need to gain relevant approvals and compliance.

· The costs and expectations associated with the ongoing operations, maintenance future renewal of any new asset.

· Possible shortfalls in proposal cost estimates.

· Potential expectations that BVSC will cover any potential project shortfalls.

Social / Cultural

The CPP process provides an opportunity for community groups to present ideas and projects for consideration that enhance the social and cultural richness of our Shire. The projects referred to in this report outline the social and cultural benefits of the respective projects to varying degrees.

An assessment summary sheet has been loaded to the Councillor Portal. A full copy of the all the ‘major’ Community Project Proposals have also been loaded to the Councillor Portal.

Attachments

1 ⇩. Attachment Community Project Proposals Major Projects Summary Sheet 2025

Council 23 June 2025

Item 10.1

10.1. Making of rates and charges for 2025-26

The draft Revenue Policy 2025-2026 outlining the annual rates and charges for the 2025-26 financial year (FY2026) have been publicly exhibited in accordance with the legislative requirements of the Local Government Act 1993 and are now presented and recommended for adoption.

Director Business & Governance

Officer’s Recommendation

That Council:

1. Adopt the Revenue Policy 2025-26 (Attachment 1).

2. Adopt the Independent Pricing and Regulatory Tribunal (IPART) advised rate peg of 4.9% for the 2025-26 financial year effective 1 July 2025 for all properties in the Bega Valley Local Government Area.

3. That the rates and charges be applied in accordance with Sections 534 and 535 of the Local Government Act 1993 (LG Act).

4. General Rates:

• to make a Base rate of $843.00 on each rateable parcel of land and an ad-valorem rate of 0.00240455 cents in the dollar on the rateable land value for all properties categorised as “residential” in accordance with Section 516 of the LG Act and;

• to make a Base rate of $843.00 on each rateable parcel of land and an ad-valorem rate of 0.00240455 cents in the dollar on the rateable land value for all properties categorised as “farmland” in accordance with Section 515 of the LG Act and;

• to make a Base rate of $843.00 on each rateable parcel of land and an ad-valorem rate of 0.00645049 cents in the dollar on the rateable land value for all properties categorised as “business” in accordance with Section 518 of the LG Act and;

• to make a Base rate of $843.00 on each rateable parcel of land and an ad-valorem rate of 0.00645049 cents in the dollar on the rateable land value for all properties categorised as “mining” in accordance with Section 517 of the LG Act and;

5. Stormwater Charge:

• to make a stormwater charge of $25.00 per annum per single residential dwelling that benefits from Council’s stormwater system whether built or natural in accordance with Section 496A of the LG Act and;

• to make a stormwater charge of $12.50 per annum per residential strata dwelling that benefits from Council’s stormwater system whether built or natural in accordance with Section 496A of the LG Act and;

• to make a stormwater charge of $25.00 per annum per developed commercial property up to 1,200 square metres that benefits from Council’s stormwater system whether built or natural in accordance with Section 496A of the LG Act and;

• to make a stormwater charge of $100.00 per annum per developed commercial property in excess of 1,200 square metres but not exceeding 3,000 square metres that benefits from Council’s stormwater system whether built or natural in accordance with Section 496A of the LG Act and;

• to make a stormwater charge of $200.00 per annum per developed commercial property in excess of 3,000 square metres that benefits from Council’s stormwater system whether built or natural in accordance with Section 496A of the LG Act and;

• to make a minimum stormwater charge of $5.00 per annum per developed commercial strata property that benefits from Council’s stormwater system whether built or natural in accordance with Section 496A of the LG Act.

6. Waste and Recycling Collection Charge:

• in accordance with Section 496 and 501 of the LG Act, that Council make waste management charges for 2025-26:

Function	Charge	Description	Value $	Information
Waste Management	s. 501	Residential Waste Management	347	Mandatory charge per residential-rated (non-rural) assessment (excl. vacant land).
	s.501	Rural Waste Management	164	Mandatory charge per rural-rated assessment (excl. vacant land).
	s. 501	Commercial Waste Management	372	Mandatory charge per commercial-rated assessment (excl. vacant land).
	s.501	Waste Service Availability Charge	99	Mandatory charge per assessment for land where waste collection service is available, but no service is provided.
	s.501	Waste Contamination charge	225	Charge applied in accordance with contamination procedure.
Landfill	Weekly
	s. 496	Residential Landfill 80L	160	Subject to assessment of need.
	s. 496	Residential Landfill 140L	216	Subject to assessment of need.
	s. 496	Residential Landfill 240L	292	Subject to assessment of need.
	s. 496	Rural Landfill 80L	226	Mandatory minimum for rural.
	s. 496	Rural Landfill 140L	291	Standard service offering.
	s. 496	Rural Landfill 140L (Bin Bank)	291	Mandatory minimum for bin bank customers.
	s. 496	Rural Landfill 240L	369
	s. 501	Commercial Landfill 80L	163	Mandatory minimum for commercial.
	s. 501	Commercial Landfill 140L	216
	s. 501	Commercial Landfill 240L	292	Standard service offering.
	s. 501	Commercial Landfill 660L	775
	Fortnightly
	s. 496	Residential Landfill 80L	85	Mandatory minimum for residential.
	s. 496	Residential Landfill 140L	117	Standard service offering.
	s. 496	Residential Landfill 240L	156
	s. 496	Comm Res MUD Landfill 70L	75	Communal services only.
Recycling	Weekly
	s. 501	Commercial Recycling 80L	62	Mandatory minimum for commercial.
	s. 501	Commercial Recycling 140L	92
	s. 501	Commercial Recycling 240L	134	Standard service offering.
	s. 501	Commercial Recycling 360L	169
	s. 501	Commercial Recycling 660L	775
	Fortnightly
	s. 496	Residential Recycling 80L	59	Mandatory minimum for residential.
	s. 496	Residential Recycling 140L	63
	s. 496	Residential Recycling 240L	66	Standard service offering.
	s. 496	Residential Recycling 360L	92
	s. 496	Rural Recycling 80L	108	Mandatory minimum for rural.
	s. 496	Rural Recycling 140L	121
	s. 496	Rural Recycling 240L	131	Standard service offering.
	s. 496	Rural Recycling 240L (Bin Bank)	131	Mandatory minimum for bin bank customers.
	s. 496	Rural Recycling 360L	156
	s. 496	Comm Res MUD Recycling 100L	61	Communal services only.
Food and Garden Organics	Weekly
	s. 496	Residential FOGO 80L	113	Mandatory minimum for residential.
	s. 496	Residential FOGO 140L	116
	s. 496	Residential FOGO 240L	123	Standard service offering.
	s. 496	Rural FOGO 80L	132	Optional. Only supplied where truck already passes collection point.
	s. 496	Rural FOGO 140L	138	Optional. Only supplied where truck already passes collection point.
	s. 496	Rural FOGO 240L	145	Optional. Only supplied where truck already passes collection point.
	s. 496	Comm Res MUD FOGO 25L	36	Communal services only.
	s. 501	Commercial FOGO 80L	113
	s. 501	Commercial FOGO 140L	116
	s. 501	Commercial FOGO 240L	123	Standard service offering.
	s. 501	Commercial FOGO 140L second weekly service	116	Optional. Only supplied where truck already passes collection point.
	s. 501	Commercial FOGO 240L second weekly service	123	Optional. Only supplied where truck already passes collection point.

7. Water supply services charges:

• to make a water access base charge for all properties except retirement villages, multi-residence affordable housing properties and non-residential non-rateable community organisation with a 20mm water connection of $315 per connection and a water usage charge of $3.95 per kilolitre in accordance with Sections 501 and 502 of the LG Act and;

• to make a water access base charge for non-residential non-rateable community organisation of $315 per assessment with a 0.85 discount factor and a water usage charge of $3.95 per kilolitre in accordance with Sections 501 and 502 of the LG Act and;

• to make a water access base charge for all Strata properties and each dwelling on a multi-residence lot with a 20mm water connection of $315 in accordance with Sections 501 and 502 of the LG Act and;

• to make a water access charge for all properties with larger water connections based on increments of the base charge as per Council’s Revenue Policy 2025-26 and;

• to make a water access charge for retirement villages and multi- residence affordable housing properties with larger water connections based on increments of the base charge with a 0.85 discount factor as per Council’s Revenue Policy 2025-26 and;

• to make a water access charge of $315 for all properties that are unconnected to a water supply system and able to connect and;

• to make an allocation of water free of charge as per Council’s water and sewer billing, metering, and reductions procedure for all registered patients using home dialysis machines or other certified medical treatments, subject to a medical certificate from the Southern NSW Local Health District and;

• to make no water access charge to approved dedicated fire service connections. If metered water usage occurs outside of emergency use, this exemption will be forfeited.

8. Sewerage Services Charges:

For all residential properties categorised as residential, non-rateable residential or farmland in accordance with Sections 515, 556 and 516 of the LG Act:

• to make a residential sewerage access charge of $1,589 for all properties, including each residential strata lot and each residential dwelling on a multi-residence lot, except retirement villages, multi-residence affordable housing, properties connected to a sewerage system in accordance with Sections 501 and 502 of the LG Act and;

• to make a sewer access charge for retirement villages and multi-residence affordable housing properties with larger water connections based on increments of the base charge with a 0.85 discount factor as per Council’s adopted operational plan and;

• to make a uniform residential sewerage charge of $795 for all properties that are unconnected to a sewerage system and able to connect.

For all non-residential properties categorised as business or mining in accordance with Sections 517 and 518, including strata and non-strata developments and non-residential non-rateable properties:

• to make a uniform non-residential sewerage access base charge of $1,589 for all properties with a 20mm water connection that are connected to a sewerage system and;

• to make a uniform non-residential non-rateable community sewerage charge of $1,589 with a 0.85 discount factor for non-residential non-rateable community properties connected to a sewerage system based on 20mm non-residential connection and;

• to make a uniform non-residential sewerage access base charge of $795 for all properties that are unconnected to a sewerage system and able to connect and;

• to make a non-residential sewerage access charge for all properties with larger water connections based on increments of the base charge and;

• to make non-residential sewerage bills based on multiplying a sewer discharge factor by both the non-residential sewerage access charge and by water usage multiplied by a water usage charge of $5.70 per kilolitre and;

• to make sewer discharge factors based on guidance material provided by the NSW Government and;

• to make changes to Sewer Discharge Factors (SDF) in individual circumstances based on an assessment of water usage and discharge locations.

9. Liquid Trade Waste Charges:

• to make Liquid Trade Waste (LTW) charges pursuant to Section 502 of the LG Act and;

• to make bills for Category 2 dischargers with prescribed pre-treatment as an annual fee plus the volume of LTW discharged multiplied by $2.40 a kilolitre and;

• to make bills for Category 2S dischargers that transport and discharge human waste, or discharge from ship-to-shore pump-out facilities or dump-points, as an annual fee plus the volume of LTW discharged multiplied by $20.00 a kilolitre and;

• to make bills for Category 3 large and industrial dischargers an annual fee plus excess mass charges and;

• to make estimations of the volume of LTW discharged by multiplying water usage by LTW discharge factors based on guidance material provided by the NSW Government.

10. High Usage Charge:

• to make a process for non-residential developers to reduce their upfront costs related to Section 64 developer contributions through paying high usage charges for water used over Equivalent Tenement (ET) credit volumes established for the development and;

• to make a process for non-residential developers to reduce their upfront costs related to Section 64 developer contributions through paying high usage charges for sewage discharged over credit volumes thresholds measured in kilolitres established for each customer and;

• to make 1 ET for water 205 kL/y and 1 ET for sewer 190 kL/y of metered water use, based on the average annual household water usage and average annual household contribution to a sewerage system and;

• to make the High Usage Charge for water $3.00/kL and $4.54/kL for sewer and;

• to make bills for non-residential customers by adding the high usage charge to the base charge and applying the higher charge rates to volumes used/discharged over established credit volumes within the charging formulas for non-residential water and sewer usage.

12. On-site sewer management:

Council will charge a single annual amount for all existing On-Site Sewer Management.

• Low risk (10 year cycle) $47.00

• High risk (3 year cycle) $83.00

• Critical risk (1 year cycle) $185.00

13. Pension Claim:

In accordance with Section 575 of the LG Act, Council applies the following pension concessions to eligible properties, being owned and used as principal places of residence by eligible pension holders.

• General Rates and Domestic Waste Services: $250.00

• Water Supply Fund: $87.50

• Sewerage Supply Fund: $87.50

14. Interest on overdue rates and charges:

Council hereby resolves that in accordance with the provisions of Section 566(3) of the LG Act the interest rate to apply to all outstanding rates and charges for the period 1 July 2025 to 30 June 2026 be calculated at 10.5% as per Office of Local Government Circular 25-06 issued on 10 April 2025.

Executive Summary

The making of the rates and annual charges is a legislative requirement under sections 494 and 535 and related sections of the Local Government Act 1993 (LG Act).

The exhibited Revenue Policy 2025-26 detailed the proposed rates and charges for the 2025-2026 financial year.

There are three internal submissions regarding the Revenue Policy that was placed on exhibition. There were no external submissions received on the draft Revenue Policy that would necessitate changes to the document.

Background

In making the rates and annual charges for 2025-26 Council is required to apply the NSW Valuer General’s land values as of 1 July 2024.

The NSW Valuer General provides Council with updated land valuations every three years. These land valuations are used to calculate the ordinary rates. The land valuation base date of 1 July 2024 will be used to calculate the rates for the 2026 and 2027 financial years.

General Rates

Below is the rating model for FY2026 that was exhibited in the Revenue Policy. In accordance with Sections 493, 494 and 537 of the Local Government Act 1993, it is recommended Council makes the below ordinary rates for FY2026:

Category	Base Rate $	Ad-valorem Amount ¢ in dollar	Base rate %	Number of Assessments	Rate Yield $	Rate Yield %
Residential	843	0.00240455	46	18,551	34,924,933	84
Farmland	843	0.00240455	25	784	2,655,935	6
Business	843	0.00645049	18	895	4,247,432	10
Mining	0	0	0	0	0	0
			TOTAL	20,530	41,828,361	100

Interest Charges on Overdue Rates and Charges

The NSW Office of Local Government issued a Circular to Councils No 25-06 on 10April 2025. The Circular determined, in accordance with section 566 of the Local Government Act 1993, the maximum rate of interest payable on overdue rates and charges for the period 1 July 2025 to 30 June 2026 will be 10.5% per annum. It is recommended that Council continues to adopt the maximum allowable amount.

Water and Sewer and Waste Charges

The waste service charges have been increased by 4.9% to align with the rate cap. This adjustment reflects the revised cost structure associated with the new waste collection contract, commencing 1 July 2025.

Water and sewer charges have been increased by 4.9% to align with the rate cap to meet annual and long-term financial plan revenue requirements.

Special rate variations

The draft Revenue Policy 2025-26 included a table that outlines the revenue that will be obtained from each of the special variations that Council has in place.

Name	Purpose	2025-26 Revenue	Status
Environmental Levy	Biodiversity management, waterways protection and sustainability	$519,050	Ongoing
Emergency Services	Emergency Services, engineering administration for RFS and loan repayments	$1,080,960	Ongoing
Libraries, Gallery, Tourism Centres and Weeds	Libraries, gallery, tourism and weeds management	$1,230,700	Ongoing
Various Transport and Recreation Infrastructure and Lifeguards	Road stabilisation, timber bridge rehabilitation, culvert restoration, footpath trip hazard, recreation buildings and pools, ocean lifeguards, urban street construction, kerb and guttering	$1,469,100	Ongoing
Tourism Promotion and Merimbula Airport	Tourism promotion and Merimbula Airport	$883,840	Concludes 2031
Collector Roads, Recreation Facilities, Public Domain Areas and Buildings	Renewal of collector roads, recreation facilities and access roads and infrastructure renewal of public domain areas and buildings	$1,858,330	Ongoing
Asset Renewal and Services	Reduce infrastructure backlog, fund ongoing operation, maintenance and renewal of assets and services, improve Council’s financial sustainability	$10,964,630	Ongoing

Options

Council has a range of options when considering the recommendations included in this report. Council is legislatively required to have its Revenue Policy adopted by 30 June each year. Delaying the adoption of the Revenue Policy would have future impacts.

Community and Stakeholder Engagement

Engagement undertaken

The draft Revenue Policy was placed on public exhibition from Wednesday 7 May 2025 until close of business on Thursday 5 June 2025.

The primary point of access to view the documents was through Council’s website. Hard copies of the documents were made available at all of Council’s libraries. Social media posts on Council’s Facebook page were shared to encourage the community to provide feedback and four community information sessions were held across the shire. Information was also included in Council News produced during the exhibition period.

Submissions

Proposed Amendments

Staff have made amendments to the Revenue Policy to clarify who qualifies for the discount that will be available to non-rateable community organisation and affordable housing properties.

Staff have further reviewed the practical implementation of proposed discount factors in water and sewer services and identified two areas where the wording in the Revenue Policy could be clearer. The revised wording better defines who qualifies for the discount factor that will be available to non-rateable community organisations and affordable housing properties under the water & sewer sections.

The requested amendments are:

1. Under both water & sewer service sections

- Added the words multi-residence before affordable housing properties

- Added the words non-residential before non-rateable community organisations

Other minor wording amendments also made to clarify how the discount factor is to be applied.

Removal of the ‘What do my rates and charges pay for’ graph in Revenue Policy. This graph has been removed as it oversimplifies the complexity of funding sources and capital expenses for each of the service areas.

The draft Revenue Policy 2025-26 included a table that outlines where the Assets and Services SRV is being allocated. The table has been revised as the funding for the airport runway extension biodiversity costs from the Assets and Services SRV has been removed with this project now completely reliant on grant funding. Staff are recommending the Assets and Services SRV be reallocated to fund Councils contribution to the Merimbula Boardwalk. The costs for the Development Assessment review are also proposed to be funded from the Assets and Services SRV. The Assets and Services SRV table has been revised as per below.

Cost Centre	Amount
Information Technology	700,009
Records Management	109,370
Strategic Planning	109,370
Development assessment review	60,000
Administration Buildings	103,500
Bridges On Sealed Rural Roads - Local	1,321,497
Bridges On Sealed Rural Roads - Regional	103,500
Bridges On Unsealed Rural Roads - Local	253,400
Civic Centre	68,813
Drainage	911,250
Footpaths	127,500
Library Services	119,025
Parks And Gardens	2,501,717
Roads Rural Sealed Local	1,357,702
Roads Rural Sealed Regional	223,579
Roads Rural Unsealed Local	1,238,249
Roads Urban Sealed Local	765,967
Roads Urban Unsealed Local	19,806
Sports Grounds	273,389
Swimming Pools	596,988
TOTAL	10,964,630

Engagement planned

The Revenue Policy 2025-26 once adopted, will be published on Council’s website.

Financial and Resource Considerations

The rates and charges set out in the Revenue Policy are designed to provide the net source of funds after allowing for loans, contributions and government grants for the programs and initiatives identified in the Delivery Plan 2025-2029.

Council’s rates and charges are reviewed on an annual basis prior to finalisation of Council’s annual operating budget. In general, Council follows a cost-recovery philosophy towards the provision of services.

Council’s pricing will:

· explore cost recovery opportunities

· pursue value for money by providing effective and efficient service

· balance rates and grants against other funding sources

· manage financial risk in a volatile climate

· ensure that debt financing is limited to works of a capital nature and that the total debt is limited to ensure long-term financial stability

· be structured so that it can be administered simply and cheaply and be understood by the public

· consider real life-cycle and environmental costs

· consider that the price applied can encourage or discourage consumer use and behaviours.

Legal /Policy

The making of the rates and annual charges is a legislative requirement under sections 494 and 535 and related sections of the Local Government Act 1993. In accordance with the NSW Local Government Act 1993, Council will adopt four categories of ordinary rates, being Farmland, Residential, Business and Mining. Annual charges for waste management, water supply and access, sewer access, liquid trade waste, on-site sewer management and Stormwater Charges will be levied on the Rates Notice.

Under the Local Government Act 1993, Council is required to develop and publicly exhibit documents in the IPR framework for a period of 28 days and consider submissions made prior to adoption.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

The Revenue Policy, once adopted, details Council’s revenue operations and allows rates and charges to be levied as advertised.

The Revenue Policy is a key element of the annual planning documents that are developed under the Integrated Planning and Reporting Framework.

Environment and Climate Change

Council’s charging philosophy outlined in the Revenue Policy considers asset life-cycle and environmental costs. Several of the charges outlined in the Revenue Policy relate to the provision of water, sewer and waste services which are fundamentally connected to the provision of a clean and sustainable community.

Economic

It is acknowledged that adjustments in Council’s annual rates and charges have flow on affects to the local community. This is considered in the process of setting the rates and charges each year.

Council follows a cost-recovery philosophy towards the provision of services. It acknowledges people’s capacity to pay and balances the expectation that some services are cross subsidised from rates for the common good of the community.

Risk

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

The annual IPR and budget development process helps to provide transparency and accountability into the financial management and forward planning of Council in a way that mitigates strategic and operational risks.

Social / Cultural

As Council continues to invest in the Bega Valley Shire community, the Delivery Plan 2025-2029 including the Revenue Policy has future social and cultural impacts.

As Council seeks to continue being financially sustainable in the long-term, a more detailed review of revenue sources will be required.

Attachments

1 ⇩. Revenue Policy 2025-26 FOR ADOPTION

Council 23 June 2025

Item 10.2

10.2. Adoption of Fees and Charges 2025-26

The draft 2025-26 Fees and Charges have been publicly exhibited in accordance with requirements of the Local Government Act 1993 and are recommended for adoption.

Director Business & Governance

Officer’s Recommendation

That Council:

1. Makes each fee and charge for 2025-26 in accordance with the exhibited draft fees and charges subject to the changes outlined in this report.

2. Adopt Attachment 1 as the fees and charges for 2025-26 commencing 1 July 2025.

Executive Summary

In accordance with Section 608 of the Local Government Act 1993, Council is required to adopt the Fees and Charges for 2025-26 that will commence from 1 July 2025. It is estimated that the general fund fees and charges will generate approximately $10.6m of Council’s revenue for 2025-26.

Fees and charges have in most instances increased by 4.9% in line with the advised rate peg. There are some fees and charges that are aligned with state government legislation and council is required to charge the set amount. An example of this is the Development Assessment unit charge that is advised by the Department of Planning and Environment. A small number of fees and charges are aligned to the Consumer Price Index.

There were nil external submissions received on the draft Fees and Charges that would necessitate changes to the document. There are a range of internal amendments that are recommended. Councillor Simon Daly provided a submission related to costs in the draft Fees and Charges associated with secondary dwellings.

Attachment 1 is the revised Fees and Charges document for 2025-26 recommended for adoption and incorporates the amendments outlined in this report.

Background

Council determines fees and charges for a range of services such as: planning and building; library; children’s services; and facility usage. The fees and charges proposed for these services and facilities for the 2025-26 year are detailed in the Fees and Charges document and are aligned to Council’s pricing policy outlined on Page 4 of the attachment.

A list of pricing policy

AI-generated content may be incorrect.

Options

It is recommended that Council adopt the Fees and Charges 2025-26 detailed in Attachment 1.

Council can choose to further review and amend the draft Fees and Charges prior to adoption noting that any delays after 1 July 2025 would result in Council not meeting its obligations under the Local Government Act 1993.

Community and Stakeholder Engagement

Engagement undertaken

At its meeting on Wednesday 7 May 2024, Council resolved to place the Draft 2025-26 Fees and Charges, along with a suite of other integrated planning documents, on public exhibition for 28 days in accordance with Section 404 and 405 of the Local Government Act 1993. The exhibition took place between Wednesday 7 May 2025 and Thursday 5 June 2025.

The primary point of access to view the draft Fees and Charges was through Council’s website. Social media posts on Council’s Facebook page were shared to encourage the community to provide feedback and community information sessions were held in Eden, Merimbula, Bega and Bermagui. Information was also included in Council News produced during the exhibition period.

Submissions

Submission	Staff Response
Councillor Simon Daly I’d like to add the following as a submission for consideration in the finalisation of IP&R documents and specifically for the Draft Fees and Charges Policy. We have an objective to encourage and enable higher density residential development in areas where services are already available, and have changed planning rules to allow this in towns. We have also encouraged secondary dwellings across the shire as a way to increase supply of housing during the current supply shortage. Can we model the cost of reducing or removing fees for approval of secondary dwelling across 2025-26 and 2026-2027 as a short term measure to encourage landowners to have current or planned structures approved as secondar dwellings? If it could be made part of the 25-26 and 26-27 FYs the Council will have an idea of potential of the measure for affordable housing, and have helped residents regularise informal arrangement. Most measure the Council has made in this area are for longer term supply of housings. I understand staff cannot evaluate this measure until the impact on Budget is known. The measure could also be considered alongside, but sperate to, finalisation of a Local Approvals Policy for crisis housing. Happy to discuss and hope this can form part of the policy moving forward.	Staff can model the cost of reducing or removing fees for the approval of secondary dwellings, however this will take a significant amount of time as the data is not readily available. Should Council resolve to proceed with further investigation, staff will need to be redirected from other work to undertake this investigation and report back to Council with advice on likely costs, the impact on Council’s budget, and any subsequent consequences.

Submission

Staff Response

Councillor Simon Daly

I’d like to add the following as a submission for consideration in the finalisation of IP&R documents and specifically for the Draft Fees and Charges Policy.

We have an objective to encourage and enable higher density residential development in areas where services are already available, and have changed planning rules to allow this in towns. We have also encouraged secondary dwellings across the shire as a way to increase supply of housing during the current supply shortage.

Can we model the cost of reducing or removing fees for approval of secondary dwelling across 2025-26 and 2026-2027 as a short term measure to encourage landowners to have current or planned structures approved as secondar dwellings?

If it could be made part of the 25-26 and 26-27 FYs the Council will have an idea of potential of the measure for affordable housing, and have helped residents regularise informal arrangement. Most measure the Council has made in this area are for longer term supply of housings. I understand staff cannot evaluate this measure until the impact on Budget is known.

The measure could also be considered alongside, but sperate to, finalisation of a Local Approvals Policy for crisis housing.

Happy to discuss and hope this can form part of the policy moving forward.

Staff can model the cost of reducing or removing fees for the approval of secondary dwellings, however this will take a significant amount of time as the data is not readily available.

Should Council resolve to proceed with further investigation, staff will need to be redirected from other work to undertake this investigation and report back to Council with advice on likely costs, the impact on Council’s budget, and any subsequent consequences.

There were several internal amendments to the draft Fees and Charges as outlined below.

a) Wolumla Memorial Hall- increase hall hire fee from $15 to $17 to align with hall hire costs at other halls. This rate includes all facilities including the use of the kitchen.

b) Wolumla Memorial Hall- reduction of Wolumla Red Cross (per year) charge. It was exhibited at $150. The Wolumla Hall Committee have reviewed the charge and reduced to $120.

c) From 1 July 2025, the fee unit for planning services will increase to reflect movements in the consumer price index (CPI). The increase affects development application fees and other fees contained in Schedule 4 of the Environmental Planning and Assessment Regulation 2021, which are based on fee unit values. This will impact and increase several fees outlined in the draft Fees and Charges placed on exhibition. The fee unit will increase from $111.32 to $113.90 for the financial year starting 1 July 2025. Planning and development application fee unit for 2025/26 financial year | Planning Portal - Department of Planning and Environment

d) Bermagui Co-working Space was not included in the draft 2025-26 Fees and Charges placed on public exhibition. Bermagui Co-working Space, $7.00 per hour incl GST has been added to the Fees and Charges prepared for adoption.

e) Murrah Hall- Equipment hire – change the 2025-26 Rostra rate from $12 to $30

f) Kiah Hall – Sort in alphabetical order and be listed after Eden and move the unit charge to the unit column and add a unit charge for regular users

g) Pambula Hall- Remove the $228 from the 2024-25 rate from the regular user category (as this is a new rate and supersedes an old fee which was previously listed)

h) Rocky Hall Hall- Add pricing unit for Not for profit and community groups. Local incorporates community groups to have Per Annum added and Other community group meetings to have Per Meeting added.

i) Amendment to introduction text in the Use of Public Land fees to align with the Use of Public Land report being presented to the 23 June 2025 Council meeting.

j) Amendment to the Event stall fee from $60.00 per stall or operator per day to $29.00 per stall or operator per day under Public Land Use. This reflects the recommendation in a separate report to Council at the 23 June 2025 Council meeting. Pending the outcome of the public exhibition and the decision of Council, further edits may be needed to the Fees and Charges 2025-26.

k) It is also noted that the Office of Local Government released the Companion Animals charges on 16 June 2025. The Fees and Charges 2025-26 will be updated in accordance with the Pet registration fees | Office of Local Government published.

Attachment 1 is the revised Fees and Charges document for 2025-26 recommended for adoption and incorporates the above amendment items a-j. Attachment 1 will be updated with the pet registration fees noted at item k before being published.

Engagement planned

Once adopted, the Fees and Charges 2025-26 will be updated, published and available on Council’s website.

Financial and Resource Considerations

The Fees and Charges 2025-26 that are applied for the use of Council facilities and provision of Council services contributes an estimated $10.6m million in revenue (general fund). This assumption is based on previous years estimates of revenue Council has obtained through fees and charges.

Legal /Policy

Under the Local Government Act 1993, Council is required to develop and publicly exhibit documents in the Integrated Planning and Reporting Framework for a period of 28 days and consider submissions made to the Fees and Charges prior to adoption.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

Fees and Charges are a statutory requirement and ensure revenue is obtained for the services Council provides. Fees and charges are collected and used to meet the needs of the community outlined in our Community Strategic Plan.

Environment and Climate Change

Fees and Charges revenue helps support the delivery of a range of initiatives outlined in the Climate Resilience Strategy. The income we receive through Fees and Charges helps us plan to meet the needs of the community and the environment we live in now and into the future.

Economic

In accordance with Section 608 of the Local Government Act 1993 and other relevant legislation, Council is authorised to charge and recover approved fees and charges for any service it provides.

The fees and charges are generally intended to be imposed on the following services provided by Council:

· Supply of a product, service or commodity

· Provision of information

· Provision of a service in connection with the exercise of the Council’s regulatory functions, including receiving an application for approval, granting an approval, making an inspection and issuing a certificate

· Admission to any building or enclosure

· Use or benefit from Council’s assets and possessions

Risk

If Council’s fees and charges are not adequate, several risks can arise. Financial risks include potential budget shortfalls if inadequate fees are collected throughout the financial year. Council estimates likely income from fees and charges based on previous years actuals, however there could be impacts throughout the year that impact ability to collect income. E.g when a service is closed for a period like a swimming pool and less revenue is generated.

Equity and fairness risks- If users aren’t paying a fair share, it may be seen as inequitable or contrary to policy intentions. The amount of a fee or charge must balance capacity to pay for services to ensure that a service does not become cost prohibitive and therefore the asset or service is no longer viable.

These risks are mitigated by Councils annual review of the Fees and Charges aligned with our pricing policy. Council also undertakes regular benchmarking with other Councils or service providers to ensure that we are competitive or aligned with other fees and charges for similar services. Undertaking this transparent public consultation process in setting Council’s Fees and Charges also helps to mitigate the above risks.

Social / Cultural

Revenue generated through fees and charges supports council in being able to deliver the diverse range of services to our community. Functions of council support social and cultural connection. Applying fees and charges based on a clear pricing policy provides the link between income received and services provided by council that support the community.

Attachments

1 ⇩. Fees and Charges 2025-26 FOR ADOPTION

Council 23 June 2025

Item 10.3

10.3. Adoption of the Integrated Planning and Reporting documents

The suite of Integrated Planning and Reporting documents are presented and recommended for adoption.

Director Business & Governance

Officer’s Recommendation

That Council:

1. Receive and note the submissions received during the public exhibition period and Council officers’ responses included at Attachment 1.

2. Officers advise those that made submissions during public exhibition of Council’s decision.

3. Adopt the Community Strategic Plan 2042- 2025 Revision (Attachment 2)

4. Adopt the Delivery Program 2025-2029 (Attachment 3) and its appendices Appendix 1- Capital Program 2025-2029 Delivery Plan (Attachment 4) and Appendix 2- Service Summaries 2025-2029 Delivery Plan (Attachment 5)

5. Adopt the Resourcing Strategy that is comprised of the Long Term Financial Plan 2025-2034 (Attachment 6), Strategic Asset Management Plan 2025-2029 (Attachment 7), Digital Strategy 2025-2029 (Attachment 8), Workforce Strategy 2025-2029 (Attachment 9)

Executive Summary

Under the NSW Integrated Planning and Reporting (IPR) framework councils are required to prepare an updated Community Strategic Plan, Resourcing Strategy (that collectively contains the Long Term Financial Plan, Digital Strategy, Workforce Strategy and Strategic Asset Management Plan), Delivery Program and Operational Plan after the commencement of a newly elected Council. Each year councils are also required to develop a Revenue Policy and budget, along with the annual Fees and Charges.

Councillors and staff collaborated to develop the suite of planning documents for this term of Council. The documents were placed on public exhibition for 28 days, from Wednesday 7 May 2025 until close of business on Thursday 5 June 2025 for the community to provide their feedback on the plans that were developed.

Councillors have been provided with all submissions that were made concerning the draft suite of documents that were placed on exhibition. Forty-seven (47) submissions were received during the exhibition period. Several internal adjustments are also recommended by Council officers. Copies of all submissions along with Council Officers’ responses and recommendations are included at Attachment 1.

Separate reports to the 23 June 2025 Council meeting seek adoption of the 2025-26 Revenue Policy including the ‘making of rates and charges’ and, the adoption of the 2025-26 Fees and Charges.

Council’s CEO has initiated a proposed organisational restructure. Pending the outcome of that process this suite of documents may need to be updated.

Background

In accordance with the Integrated Planning and Reporting (IPR) Framework, Council prepared and placed on public exhibition from 7 May – 5 June 2025 a suite of integrated planning and reporting documents:

· draft Community Strategic Plan 2042

· draft Delivery Plan 2025-2029

· draft Long Term Financial Plan 2025-2034

· draft Digital Services Strategy 2025-2029

· draft Workforce Strategy 2025-2029

· draft Strategic Asset Management Plan 2025-2029

· draft Revenue Policy 2025-2026 and

· draft Fees and Charges 2025-2026

At the 21 May 2025 Council meeting the below was resolved to clarify that the draft Delivery Plan 2025-29 had been compiled based on Option C in the Long Term Financial Plan and that although the Long Term Financial Plan included Options A and B with a future special rate variation that council has not currently given consideration to any special rate variation in this term on council.

13.3

Cr Nadin - Late urgent motion - Council rates and plans

83/25

RESOLVED on the motion of Crs Nadin and Porter

1. The maximum rate increase Council can legally approve in the 25-26 financial year is 4.9 per cent as set by the Independent Pricing and Regulator Tribunal (IPART) which is included “Option C” of Councils draft long term financial plan currently on exhibition.

2. “Option A” and “Option B” in Councils draft Long Term Financial Plan currently on exhibition are only financial scenarios designed to give the public an example of what projects might be considered with extra funding or a fully funded asset management plan. They are also designed to show the council’s project and spending priorities.

3. That council has not currently given consideration to any special rate variation in this term of council and that the draft delivery program for this term of council currently on exhibition does not assume rate income increases above the allowable rate peg limit set by IPART each year.

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

Against: Nil

Option B and A are included in our LTFP as it is prudent to continue to demonstrate the ongoing shortfall Council has in looking after the $2 billion plus assets Council are responsible for and the various services Council provides.

Federal Election Commitments

During the 2025 Federal election campaign Minister Kristy McBain made the following commitments for projects benefitting the Bega Valley community. Council is currently liaising with Minister McBain’s office and the relevant departments to expedite the funding details and deeds for the below projects.

· $16m for Bega War Memorial Swimming Pool

· $2.5m for Ford Park Courts Pavilion in Merimbula

· $750,000 for the Pambula village playground

· $5m for childcare facilities in Eden

For the Bega War Memorial Pool and Pambula village playground no amendments will be made to the Long Term Financial Plan until a deed is received and negotiated for each project. For the Ford Park Courts Pavilion in Merimbula the capital funding for that project is in Model C in 2032/33. Given the election commitment made and the pending negotiation of a grant deed staff are recommending movement of the capital funding for this project be brought forward to 2026/27 ($1,272,919) and 2027/78 ($1,903,379) noting these amounts will decrease with indexation assumptions in the LTFP model.

Council is currently working on options for future expansion of Council’s Early Education Services in Bega and Eden. Staff are recommending that the Long Term Financial Plan be updated to include $5m for future capital expenditure in Model C, 2027/28, assuming fully grant funded. Council is seeking clarification on the timing and details associated with this funding.

Options

Council has a range of options when considering the recommendations included in this report. This includes adopting the documents as attached or amending the documents by resolution.

Council is legislatively required to have its forward planning documents adopted by 30 June each year.

Community and Stakeholder Engagement

Engagement undertaken

Council engaged with the community in the following ways during the public exhibition period.

· Making the IPR suite of documents available for the community to read on Council’s website, in our public libraries and at the customer service counter in Zingel Place, Bega

· Informing the community about the public exhibition through the media, social media and Council’s newsletters; inviting the community to provide feedback through a Have Your Say page on Council’s website.

· Undertaking a series of community events where Councillors and senior Council staff attended to discuss the draft IP&R documents.

· Notifying and inviting community associations, groups and business chambers to have their say.

LOCATION	DATE	TIME	# ATTENDEES (Not incl. staff or Clrs)
Eden	20 May	5pm- 6pm	21
Bega	22 May	5pm- 6pm	11
Merimbula	27 May	5pm- 6pm	14
Bermagui	29 May	5pm- 6pm	51

The below outlines the engagement through Councils Have Your Say page, social media and Council newsletter.

· 1x media release - Have your say to help shape the next four years in our community - Bega Valley Shire Council (170 views)

· 13 FB posts

· 1 x article in the Bega Valley Together newsletter (54 clicks on newsletter article link)

· 1015 views on Have your say webpage

Submissions

Forty-seven (47) submissions were received during the exhibition period. Several internal adjustments are also recommended. Copies of all submissions along with Council Officers’ responses are included at Attachment 1.

There has also been a range of immaterial, alignment and design changes made to the draft documents that were on exhibition prior to their adoption.

Engagement planned

The Community Strategic Plan 2042, Delivery Plan 2025-2029 and its appendices Appendix 1- Capital Program 2025-2029 Delivery Plan and Appendix 2- Service Summaries 2025-2029 Delivery Plan, Long Term Financial Plan 2025-2034, Digital Services Strategy 2025-2029, Workforce Strategy 2025-2029 and Strategic Asset Management Plan 2025-2029 once adopted, will be published on Council’s website.

Council appreciates the time and effort people made to attend the community information sessions and to provide submissions on council’s planning documents. This report recommends that council officers correspond to those people who made a submission and advise of council’s decision in relation to their submission.

Financial and Resource Considerations

The Delivery Plan 2025-29 and Resourcing Strategy documents summarise how Council will allocate the revenue it receives from rates, charges, fees, developer contributions, loans and grants. They also provide an overview of the total estimated income and expenditure for each of Council’s General, Water, and Sewer Funds.

The focus in developing the Delivery Plan 2025-29 and Resourcing Strategy documents is to ensure long term financial sustainability while ensuring the continued delivery of a broad range of services and capital works informed by Council’s underlying strategies.

The General Fund forecasts an operating deficit before capital grants and contributions. This will be partly balanced by positive operating results before capital contributions in the Sewer Fund. Further work needs to be undertaken to reduce Council’s operating deficits, particularly in the general fund. This current financial trajectory is not sustainable as Council will exhaust its unrestricted cash reserves.

The use of cash and level of unrestricted cash reserves are closely managed to ensure Council remains in a strong position to meet its obligations when they fall due.

Without further significant state and federal government support, beyond competitive grant programs, Council does not have the ability to fund the infrastructure and services our communities have come to rely on.

Adopted budgets are monitored throughout the year and any adjustments identified are requested through the Quarterly Budget Review process.

At the point of finalising this report and attachments Council have not been advised that there will be any prepayment of the Federal Government Financial Assistance (FA) Grants for next financial year as has been precedent over the last couple years. Therefore, the budget assumes the FA Grant will be paid in full in FY2025-26. If there is an advance payment, the Commission will send all councils a circular with the details of individual council allocations as soon as the advice becomes available.

Legal /Policy

Council continues to improve its IPR practices and this year have developed a combined Delivery Program and Operational Plan, now referred to as the Delivery Plan. This document provides improved visibility of the services and projects to be delivered in the next 4 years. As with any plan there will be adjustments made throughout this period as we respond to challenges and opportunities that come our way.

Section 404 of the Local Government Act 1993 requires Council to have a Delivery Program to implement the strategies established in its Community Strategic Plan, within the resources available as identified under the Resourcing Strategy. The Delivery Program draws on and implements actions contained in adopted Council policy documents.

Section 405 of the Local Government Act 1993 requires Council to adopt an Operational Plan before the beginning of each financial year which details the activities to be engaged in by the Council during the year as part of the Delivery Program. The Delivery Plan 2025-2029 will fulfill the Act requirements by providing a detailed 4 year plan, commensurate with a typical Operational Plan, for activities the Council will undertaken within each year.

Section 223 of the Local Government Act 1993 requires Council to develop a rating and revenue policy. The revenue policy must include the statements and particulars required by legislation. A separate report to the 23 June 2025 Council meeting will seek adoption of the 2025-26 Revenue Policy and the ‘making of rates and charges’.

The Office of Local Government’s Integrated Planning and Reporting Guidelines and Handbook are comprehensive tools which have been used in the revision of this suite of IP&R documents.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

The documents once exhibited and adopted, will guide the Council’s operations under the Integrated Planning and Reporting Framework.

Council has a responsibility to ensure that adequate services are provided to the community, and that financial planning is transparent to provide confidence in Council’s ability to deliver on the community’s priorities.

· CSP 2042 Theme: Our civic leadership – Local leadership is strong, consultative and responsive to our community’s needs

· CSP 2042 Strategy: E.1 Lead, govern and regulate in an ethical, equitable, transparent and accountable way

· Delivery Program 2022-25 Action: E3.1 - Support implementation of Council’s strategies and plans and report on progress

Environment and Climate Change

Climate Change is noted as one of the key community priorities in the Community Strategic Plan 2042. Councils’ efforts in responding to climate change is outlined on our adopted Climate Resilience Strategy and also forms part of our asset management planning processes as we consider the climatic impacts on our infrastructure and how we can improve their resilience to future natural disasters. Several of the Delivery Plan 2025-29 projects listed support the implementation of Council’s adopted Climate Resilience Strategy.

Economic

As one of the Bega Valley Shire’s largest employers and consumers of a range of services, Council has a significant role to play in the local economy. It is acknowledged that adjustments in Council’s annual operating budgets has flow on effects to the local economy and this is considered as part of the budget development process.

The budget for next financial year continues to see investment in resources that support our local economy as an employer, service provider and as a buyer of local works and services.

Risk

Council has considered several risks when developing the suite of IP&R documents to ensure the plans are effective, inclusive and achievable.

Risk Category	Risk	Mitigation Strategy
Strategic and Governance Risks	Misalignment with community needs	Council has conducted thorough community consultation and needs assessments through the Community Strategic Plan consultation and the Community Satisfaction Survey. Council also takes onboard in its planning processes the daily interactions we have with our community and their expectations of service standards.
Strategic and Governance Risks	Poor integration across plans	Finance and Corporate Planning staff work collaboratively to develop the documents and ensure there is alignment through cross-referencing and integrated planning workshops with staff and Councillors.
Financial and Resource Risks	Unrealistic budgeting	Council uses conservative and data informed estimates in its budgeting and Long Term Financial Plan assumptions. These assumptions are reviewed on an annual basis and comparison with previous years actuals is undertaken to ground truth project and services expenditure.
Financial and Resource Risks	Dependency on external Funding	Council relies heavily on external grant funding and has developed a 4 year Delivery Plan that relies on close to $29m in grant funding. Council has a dedicated staff resource who supports grant applications to ensure we provide quality applications and are competitive. Council has continued to model conservative estimates of future grant funding that will be received as funding programs are declining and also evolving to require greater co-contribution.
Operational and Implementation Risks	Capacity constraints	Council relies on skilled staff to deliver projects and services and will continue to invest in staff training and resource planning to ensure that service levels are adequately maintained.
Operational and Implementation Risks	Data and information gaps	Council acknowledges that transparency and progress reporting are important in our planning and reporting processes. Council is committed to improving data collection and reporting processes and will transition from 6 monthly progress reporting on Delivery Plan implementation to quarterly.
Legal and Compliance Risks	Poor risk management practices	Council has a formal risk management framework and undertakes regular reviews of corporate and project risks.

Social / Cultural

When council develops and adopts its suite of Integrated Planning and Reporting (IP&R) documents, several social and cultural factors play a crucial role in shaping the process and outcomes. These factors influence how well the plans reflect community needs and how effectively they are implemented. These include:

· Community engagement and participation: council must ensure that these processes are inclusive, transparent and identify and respond to local community values.

· Demographic characteristics: planning must consider the current and future populations and socio-economic status on its residents

· Place-based planning: recognising that each community has unique needs and priorities

· Historical and cultural context: acknowledging the traditional custodianship and cultural heritage of a community and understanding the various decisions and projects delivered in the past and how they have helped shape community.

Council has insight into what the community wants through our IPR and community engagement initiatives; and knows that our community places a high priority on maintaining our current levels of service. Council manages over $2 billion worth of assets. We are a large shire (by area) and maintaining and renewing these assets is expensive. We also have a relatively small number of ratepayers compared to the size of our shire and vast areas of state and national parks and forests from which we are unable to generate income. The documents being adopted will have future social and cultural implications. The challenge Council faces is balancing affordability with the community’s desire to maintain our current levels of service.

Attachments

1 ⇩. Submissions Summary IPR June 2025

2 ⇩. Bega Valley Shire Council Community Strategic Plan 2042-2025 Revision Updated June 2025

3 ⇩. Delivery Plan 2025-2029 For Adoption

4 ⇩. Appendix 1 - Capital Program 2025-2029 Delivery Plan For Adoption

5 ⇩. Appendix 2 -Service Summaries 2025-2029 Delivery Plan For Adoption

6 ⇩. Long Term Financial Plan (LTFP) 2025-34 For Adoption

7 ⇩. Strategic Asset Management Plan (SAMP) including AMP summaries 2025-29 For Adoption

8 ⇩. Digital Services Strategy 2025-29 For Adoption

9 ⇩. Workforce Strategy 2025-29 For Adoption

Council 23 June 2025

Item 10.4

10.4. Open Streets Program

Staff seek Council endorsement to engage partners via funding agreements to deliver potential events under the Transport for NSW Open Streets Program.

Director Business & Governance

Officer’s Recommendation

That should Council be successful under the NSW Open Streets Program, Council delegate to the CEO the authority to execute funding agreements as detailed in the attached confidential memorandum.

Executive Summary

Council has applied for funding under the Transport for NSW Open Streets Program, which funds a three-year program of street-based events. Public notification of successful recipients is expected in the coming weeks. If successful, Council is required to collaborate with business and arts organisations. There can be short timeframes from when Government announcements are made of successful grant recipients to when the project needs to be delivered.

In this instance it is for a series of events with the first event planned for October 2025. Staff are seeking to ensure that any required delivery partner agreements are quickly resolved so event planning can commence with ample time for promotion, particularly for the first event. These partner agreements have procurement implications that require a resolution of Council to proceed as majority of the grant funds awarded to Council are being transferred to delivery partners.

Staff are pre-emptively seeking endorsement of funding agreements for the proposed delivery partners as detailed in the attached confidential memorandum. The memorandum is confidential to protect the integrity of the event as the grant program is competitive and sharing event details may disadvantage our current or future applications. Should Council be successful with its application under the Open Streets Program this delegation to the CEO ensures that the funding agreements with delivery partners can be resolved expeditiously and event planning can commence.

Background

The Transport for NSW Open Streets Program provides funding to Councils to deliver events over three years that are free to the community and temporarily close streets to vehicles. The aim of the program is to help establish enduring vibrancy in local neighbourhoods that support the community, creative sector and local businesses.

Council has submitted an application under the program, which was only open to local councils. Events funded under the program are required to be delivered in partnership with business and arts organisations.

Given the requirements of the funding program for collaboration with business and arts organisations and the nature of the funding application process, staff propose to engage the delivery partners via a funding agreement under Local Government Act 1993 s 356 rather than engaging delivery partners via a competitive request for tender.

Options

1. Council delegate to the CEO authority to execute funding agreements, if successful in securing the grant, as detailed in the attached confidential memorandum. (Recommended).

This option would enable staff to proceed with the proposed delivery approach for the event program if successful in the funding application.

2. Council do not delegate authority to the CEO to execute funding agreements as detailed in the attached confidential memorandum and not proceed with the program.

3. Council do not delegate authority to the CEO to execute funding agreements as detailed in the attached confidential memorandum and propose a different delivery approach.

Community and Stakeholder Engagement

Engagement undertaken

Prior to applying for funding staff sought expressions of interest from leading chambers of commerce, arts organisations, tourism organisations and event organisers. Responses are detailed in the attached confidential memorandum.

Proposed delivery partners collaborated on the funding application.

Engagement planned

If successful, Council staff will collaborate with delivery partners in delivering the events as summarised in the attached confidential memorandum.

The events would involve local businesses, artists, musicians, community organisations and residents as well as visitors.

Financial and Resource Considerations

Detailed in attached confidential memorandum.

Legal /Policy

Recommended approach:

Local Government Act 1993 s 356(1) states that:

A council may, in accordance with a resolution of the council, contribute money or otherwise grant financial assistance to persons for the purpose of exercising its functions.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

The proposal supports the following Council strategies.

Community Strategic Plan 2042

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

B.2. Collaborate with relevant parties and industry to promote and support opportunities to diversify and grow our economy and provide local jobs.

Events Strategy 2024-2028

Vision: Council and community working together to support and deliver a diverse calendar of sustainable events that showcase what makes our region a great place to live, visit and invest.

Environment and Climate Change

The events may provide an opportunity to celebrate our local environment and provide information to community about environmental issues and opportunities.

Council would work with delivery partners to minimise environmental impacts of programmed events.

Economic

The events would provide an economic boost to the local business through increased visitation and activation of public space.

Risk

As detailed in attached confidential memorandum.

Social / Cultural

The events would provide an opportunity to celebrate local arts and culture, including visual art, music and food. The events would also provide an opportunity for social connection and enhanced community wellbeing.

Attachments

1 . 2025.06.23 Confidential Attachment 1 Council Report Open Streets Program (Confidential - As this attachment contains commercial information of a confidential nature that would, if disclosed (i) prejudice the commercial position of the person who supplied it; or (ii) confer a commercial advantage on a competitor of the Council; or (iii) reveal a trade secret as per Section 10A(2)(d) of the Local Government Act 1993.

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). 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.

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

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

Council	23 June 2025
*Item 8.1 - Attachment 1*	Use of Public Land (Local Approvals Policy) with tracked changes post public exhibition

Council	23 June 2025
*Item 8.1 - Attachment 2*	Draft Use of Public Land fees and charges amendments

Council	23 June 2025
*Item 9.1 - Attachment 1*	Attachment Community Project Proposals Major Projects Summary Sheet 2025

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	23 June 2025
*Item 10.1 - Attachment 1*	Revenue Policy 2025-26 FOR ADOPTION

Council	23 June 2025
*Item 10.2 - Attachment 1*	Fees and Charges 2025-26 FOR ADOPTION

Council	23 June 2025
*Item 10.3 - Attachment 1*	Submissions Summary IPR June 2025

Council	23 June 2025
*Item 10.3 - Attachment 2*	Bega Valley Shire Council Community Strategic Plan 2042-2025 Revision Updated June 2025

Council	23 June 2025
*Item 10.3 - Attachment 3*	Delivery Plan 2025-2029 For Adoption

Council	23 June 2025
*Item 10.3 - Attachment 4*	Appendix 1 - Capital Program 2025-2029 Delivery Plan For Adoption

Council	23 June 2025
*Item 10.3 - Attachment 5*	Appendix 2 -Service Summaries 2025-2029 Delivery Plan For Adoption

Council	23 June 2025
*Item 10.3 - Attachment 6*	Long Term Financial Plan (LTFP) 2025-34 For Adoption

Council	23 June 2025
*Item 10.3 - Attachment 7*	Strategic Asset Management Plan (SAMP) including AMP summaries 2025-29 For Adoption

Council	23 June 2025
*Item 10.3 - Attachment 8*	Digital Services Strategy 2025-29 For Adoption

Council	23 June 2025
*Item 10.3 - Attachment 9*	Workforce Strategy 2025-29 For Adoption