PresentCr Russell Fitzpatrick, Mayor Cr Mitchell Nadin, Deputy Mayor Cr Tony Allen Cr Simon Daly Cr Peter Haggar Cr Clair Mudaliar Cr Peggy Noble Cr Helen O’Neil Cr David Porter |
In AttendanceChief Executive Officer, Mr Anthony McMahon Acting Director, Assets and Operations, Mr John Grady Director, Community, Environment and Planning, Mrs Emily Harrison Director, Business and Governance, Mrs Iliada Bolton Communications Officer, Mr Jeff Donne Executive Officer (Minute Secretary), Mrs Jackie Grant |
The Mayor made an announcement about live streaming requirements:
Council meetings are recorded and live streamed to the Internet for public viewing.
The recording will be archived and made available on Council’s website www.begavalley.nsw.gov.au.
The Mayor commenced by acknowledging, on behalf of Bega Valley Shire Council, the traditional custodians of the lands, waterways and airspace on which we are gathering.
Statement of Ethical Obligations
The Mayor and Councillors are reminded that they remain bound by the Oath/Affirmation of Office made at the start of the council term to undertake their civic duties in the best interests of the people of Bega Valley Shire and to faithfully and impartially carry out the functions, powers, authorities and discretions vested in them under the Local Government Act or any other Act, to the best of their skill and judgement.
The Mayor and Councillors are also reminded of the requirement for disclosure of conflicts of interest in relation to items listed for consideration on the Agenda or which are considered at this meeting in accordance with the Code of Conduct and Code of Meeting Practice.
1. |
Apologies |
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That the apology of Director, Assets and Operations, Mr Ian Macfarlane be noted. |
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2. |
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87/25 |
RESOLVED on the motion of Crs O'Neil and Nadin That the Minutes of the Ordinary Meeting held on 11 June 2025 as circulated, be taken as read and confirmed. In favour: Crs Allen, Daly, Fitzpatrick, Haggar, Mudaliar, Nadin, Noble, O'Neil and Porter Against: Nil |
There were no declarations of interest
Report by Mayor of deputations heard prior to the meeting.
Item 8.1 – Draft Use of Public Land Policy
· Mr Nigel Ayling on behalf of Bega Valley Business Forum - AGAINST
· Ms Lois Merriman on behalf of Eden Whale Festival - AGAINST
· Mr John Watkin on behalf of Bega Chamber of Commerce and Industry - FOR
Item 9.1 – Community Project Proposals (Major)
· Mr Gary Berman (installation of a fence between Bega Memorial and Bega Recreation Ground) on behalf of Bega Sub- Branch - AGAINST
· Ms Carina Severs (Eden Log Cabin Installation of showers) on behalf of Eden Log Cabin - AGAINST
Item 10.3 – Adoption of the Integrated Planning and Reporting Documents
· Mr Col Pilkington - on behalf of Bega Beef Co-operative Ltd - AGAINST
5. Petitions
There were no petitions.
6. Mayoral Minutes
There were no mayoral minutes.
There was no urgent business.
8. Staff Reports – Community, Environment and Planning
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8.1 |
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88/25 |
RESOLVED on the motion of Crs Fitzpatrick and Haggar 1. That Council resolves 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/associations be exempt from all application processing and event fees including the commercial stall/operator fees, in relation to events. 2. 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. 3. That Council officers notify submitters of Council’s decision to adopt the drafts. In favour: Crs Allen, Daly, Fitzpatrick, Haggar, Mudaliar, Nadin, Noble, O'Neil and Porter Against: Nil |
9. Staff Reports – Assets and Operations
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9.1 |
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89/25 |
RESOLVED on the motion of Crs Fitzpatrick and Nadin 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 supported by Council. 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. In favour: Crs Allen, Daly, Fitzpatrick, Haggar, Mudaliar, Nadin, Noble, O'Neil and Porter Against: Nil |
10. Staff Reports – Business and Governance
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10.1 |
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02:25 pm Cr Allen left the meeting. |
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90/25 |
RESOLVED on the motion of Crs Nadin and Noble 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:
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. In favour: Crs Daly, Fitzpatrick, Haggar, Mudaliar, Nadin, Noble, O'Neil and Porter Against: Nil Absent: Cr Allen |
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02:26 pm Cr Allen returned to the meeting.
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10.2 |
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91/25 |
RESOLVED on the motion of Crs Daly and Nadin 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 and with the changes to use of public lands resolved at this meeting of Council 2. Adopt Attachment 1 and with the changes to use of public lands resolved at this meeting of Council as the fees and charges for 2025-26 commencing 1 July 2025 3. For any future update to the Fees and Charges schedule that a short explanatory note is included: a) For proposed increases above 5% or greater than $50.00 b) For a new charge In favour: Crs Allen, Daly, Fitzpatrick, Haggar, Mudaliar, Nadin, Noble, O'Neil and Porter Against: Nil |
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10.3 |
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92/25 |
RESOLVED on the motion of Crs O'Neil and Allen That Council: 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). 6. Acknowledge the Bega Saleyards provide economic benefits and support any proposal to improve the facility. In favour: Crs Allen, Daly, Fitzpatrick, Haggar, Mudaliar, Nadin, Noble, O'Neil and Porter Against: Nil
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10.4 |
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93/25 |
RESOLVED on the motion of Crs Nadin and O'Neil 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. In favour: Crs Allen, Daly, Fitzpatrick, Haggar, Mudaliar, Nadin, Noble, O'Neil and Porter Against: Nil |
11. Councillor Reports
There were no councillor reports.
12. Rescission/Alteration Motions
There were no rescission/alteration motions.
13. Notices of Motion
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13.1 |
Business signage on the corner of Monaro Street and Lakewood Drive, Merimbula |
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94/25 |
RESOLVED on the motion of Crs Nadin and Noble That council work urgently with the owners of Sunny’s café to find the most suitable pathway to have safe and appropriate signage reinstated on the corner of Monaro Street and Lakewood Drive. In favour: Crs Allen, Daly, Fitzpatrick, Haggar, Mudaliar, Nadin, Noble and Porter Against: Cr O'Neil |
14. Questions with Notice
There were no questions with notice.
15. Questions without Notice
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15.1 |
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A response to Cr Nadin’s Question without Notice was provided in the Ordinary Council Meeting Agenda of 23 June 2025 with the response as follows: Council does not publicly discuss individual compliance matters. Any signage on public land requires a Use of Public Land approval or development consent, unless exempt, depending on the individual circumstances. Where signage is found to be non-compliant, staff work with business owners to regularise the signage where possible. In some cases, approval is not possible due to the location, land tenure or road safety issues. The land on the corner of Lakewood Drive and Monaro Street in Merimbula is public land (road reserve). |
There was no confidential business.
There was no noting of resolutions from closed session.
There was no declassification of reports considered previously in closed session.
There being no further business, the Chairperson closed the meeting at 3:35 pm.
Confirmed
Russell
Fitzpatrick
(digitally
signed)
Chairperson of the meeting of the Bega Valley Shire Council held on Monday, 23 June 2025.