Agenda of Council - Wednesday, 23 July 2025

Ethical Decision Making and Conflicts of Interest

A guiding checklist for Councillors, officers and community committees

Ethical decision making

· Is the decision or conduct legal?

· Is it consistent with Government policy, Council’s objectives and Code of Conduct?

· What will the outcome be for you, your colleagues, the Council, anyone else?

· Does it raise a conflict of interest?

· Do you stand to gain personally at public expense?

· Can the decision be justified in terms of public interest?

· Would it withstand public scrutiny?

Conflict of interest

A conflict of interest is a clash between private interest and public duty. There are two types of conflict:

· Pecuniary – regulated by the Local Government Act 1993 and Office of Local Government

· Non-pecuniary – regulated by Codes of Conduct and policy. ICAC, Ombudsman, Office of Local Government (advice only). If declaring a Non-Pecuniary Conflict of Interest, Councillors can choose to either disclose and vote, disclose and not vote or leave the Chamber.

The test for conflict of interest

· Is it likely I could be influenced by personal interest in carrying out my public duty?

· Would a fair and reasonable person believe I could be so influenced?

· Conflict of interest is closely tied to the layperson’s definition of ‘corruption’ – using public office for private gain.

· Important to consider public perceptions of whether you have a conflict of interest.

Identifying problems

1st Do I have private interests affected by a matter I am officially involved in?

2nd Is my official role one of influence or perceived influence over the matter?

3rd Do my private interests conflict with my official role?

Local Government Act 1993 and Model Code of Conduct

For more detailed definitions refer to Sections 442, 448 and 459 or the Local Government Act 1993 and Bega Valley Shire Council (and Model) Code of Conduct, Part 4 – conflict of interest.

Agency advice

Whilst seeking advice is generally useful, the ultimate decision rests with the person concerned.Officers of the following agencies are available during office hours to discuss the obligations placed on Councillors, officers and community committee members by various pieces of legislation, regulation and codes.

Contact	Phone	Email	Website
Bega Valley Shire Council	(02) 6499 2222	council@begavalley.nsw.gov.au	www.begavalley.nsw.gov.au
ICAC	8281 5999 Toll Free 1800 463 909	icac@icac.nsw.gov.au	www.icac.nsw.gov.au
Office of Local Government	(02) 4428 4100	olg@olg.nsw.gov.au	http://www.olg.nsw.gov.au/
NSW Ombudsman	(02) 8286 1000 Toll Free 1800 451 524	nswombo@ombo.nsw.gov.au	www.ombo.nsw.gov.au

Disclosure of pecuniary interests / non-pecuniary interests

Under the provisions of Section 451(1) of the Local Government Act 1993 (pecuniary interests) and Part 4 of the Model Code of Conduct prescribed by the Local Government (Discipline) Regulation (conflict of interests) it is necessary for you to disclose the nature of the interest when making a disclosure of a pecuniary interest or a non-pecuniary conflict of interest at a meeting.

The following form should be completed and handed to the Chief Executive Officer as soon as practible once the interest is identified. Declarations are made at Item 3 of the Agenda: Declarations - Pecuniary, Non-Pecuniary and Political Donation Disclosures, and prior to each Item being discussed:

Council meeting held on __________(day) / ___________(month) /____________(year)

Item no & subject
Pecuniary Interest	In my opinion, my interest is pecuniary and I am therefore required to take the action specified in section 451(2) of the Local Government Act 1993 and or any other action required by the Chief Executive Officer.
Significant Non-pecuniary conflict of interest	– In my opinion, my interest is non-pecuniary but significant. I am unable to remove the source of conflict. I am therefore required to treat the interest as if it were pecuniary and take the action specified in section 451(2) of the Local Government Act 1993.
Non-pecuniary conflict of interest	In my opinion, my interest is non-pecuniary and less than significant. I therefore make this declaration as I am required to do pursuant to clause 5.11 of Council’s Code of Conduct. However, I intend to continue to be involved with the matter.
Nature of interest	Be specific and include information such as : · The names of any person or organization with which you have a relationship · The nature of your relationship with the person or organization · The reason(s) why you consider the situation may (or may be perceived to) give rise to a conflict between your personal interests and your public duty as a Councillor.
If Pecuniary	Leave chamber
If Non-pecuniary (tick one)	Disclose & vote Disclose & not vote Leave chamber
Reason for action proposed	Clause 5.11 of Council’s Code of Conduct provides that if you determine that a non-pecuniary conflict of interest is less than significant and does not require further action, you must provide an explanation of why you consider that conflict does not require further action in the circumstances
Print Name	I disclose the above interest and acknowledge that I will take appropriate action as I have indicated above.
Signed

NB: Please complete a separate form for each Item on the Council Agenda on which you are declaring an interest.

Council

23 July 2025

Agenda

Statement of Commencement of Live Streaming

Acknowledgement of Traditional Owners of Bega Valley Shire

Statement of Ethical Obligations

1 Apologies and requests for leave of absence

2 Confirmation Of Minutes

Recommendation

That the Minutes of the Ordinary Meeting held on 23 June 2025 as circulated, be taken as read and confirmed.

3 Declarations

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

4 Public Forum – report by Mayor of deputations heard prior to the meeting

5 Petitions

6 Mayoral Minutes

7 Urgent Business

8 Staff Reports – Community, Environment and Planning

8.1 Review of Local Approvals Policy for moveable dwellings........................................................ 9

8.2 Comprehensive Development Control Plan (DCP) Review Stage 1....................................... 19

8.3 Parking Enforcement................................................................................................................... 142

8.4 Burials on Private Land - draft planning proposal, policy and procedure......................... 158

8.5 Memorandum of Understanding with Mumbulla Community Foundation...................... 182

8.6 Library Services Capital Budget................................................................................................. 192

9 Staff Reports – Infrastructure

9.1 Bega Roosters Temporary Canteen - Invoice Payment......................................................... 197

9.2 Bega Valley Local Traffic Committee June 2025..................................................................... 203

9.3 ANZAC Day Traffic Management.............................................................................................. 386

9.4 Wolumla Flood Study final findings.......................................................................................... 390

9.5 Request for Tender (RFT) 2425-029 Design, finalise and construct Desert Creek Road Bridge, Numbugga................................................................................................................................. 512

9.6 Request for Tender (RFT) 2425-106 - Sewer Jetting Services 2025-2027.......................... 516

9.7 Request for Tender (RFT) 2425-108 George Brown Oval Pavilion Upgrade...................... 521

9.8 Aircraft parking fee...................................................................................................................... 526

10 Staff Reports – Organisational Services

10.1 Local Government NSW Cost Shifting Report......................................................................... 531

10.2 Local Government NSW (LGNSW) Conference 2025............................................................. 587

10.3 Cruise Eden Memorandum of Understanding........................................................................ 589

10.4 Adoption of Policy 6.23 - Payment of Expenses and Provision of Facilities to Councillors 606

10.5 Policy review (batch 2)................................................................................................................ 627

10.6 Policy review (batch 3)................................................................................................................ 737

10.7 Code of Meeting Practice........................................................................................................... 827

10.8 Small sites electricity agreement options............................................................................... 869

10.9 Lease to Bega Volunteer Rescue Association......................................................................... 875

10.10 Audit, Risk and Improvement Committee Quarterly Report June 2025............................ 881

10.11 Proposed new road names - Mandeni Drive, Bloodwood Close and Manna Gum Close in Tura Beach.......................................................................................................................................... 886

10.12 Certificate of Investment June 2025........................................................................................ 890

11 Councillor Reports

12 Rescission/Alteration Motions

13 Notices of Motion

13.1 Development Application Fees and Developer Contributions............................................ 897

14 Questions with Notice

15 Questions without Notice

15.1 Cr Porter - Interest charged on rates and water notices...................................................... 901

16 Confidential Business

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

Adjournment Into Closed Session, exclusion of the media and public........................... 910

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 July 2025

Item 8.1

8.1. Review of Local Approvals Policy for moveable dwellings

This report presents feedback from a review of the draft Local Approvals Policy for moveable dwellings presented by Cr Daly at the 18 December 2024 Council meeting.

Director Community Environment and Planning

Officer’s Recommendation

1. That Council notes the feedback from the Department of Planning, Housing and Infrastructure (DPHI) regarding the draft Local Approvals Policy (LAP) for moveable dwellings presented by Cr Daly at the 18 December 2024 Council meeting.

2. That Council resolves not to proceed with the draft LAP for Moveable Dwellings Providing Crisis Accommodation in the Bega Valley Shire as presented to Council on 18 December 2024, for the reasons outlined in this report and the report on the matter presented to the 19 March 2025 Council meeting.

Executive Summary

At the 18 December 2024 Council meeting, Cr Daly presented a Notice of Motion (available at Attachment 1) that states it is proposing to use the provisions of the Local Government Act 1993 (LG Act) to develop a Local Approvals Policy (LAP) to ‘allow moveable dwellings and associated structures being used solely for crisis accommodation to be DA [Development Application] exempt while still meeting acceptable amenity and safety standards for the occupants of such dwellings’.

While a LAP can provide additional exemptions to those already facilitated by the LG Act, it cannot override the provisions of the Environmental Planning and Assessment Act 1979 (EP&A Act). As the proposed LAP relates to moveable dwellings (i.e. caravans and manufactured homes) being used as secondary dwellings, development consent for the use of land for this purpose would still be required under the EP&A Act even if a LAP was in place that made the installation of the moveable dwelling exempt under the LG Act.

Additionally, staff consulted with the NSW Department of Planning, Housing and Infrastructure (DPHI), as per the subsequent Council resolution from March 2025. DPHI advised it would not support the draft LAP because it uses undefined and ambiguous terms, imposes stricter requirements than existing regulations, lacks clarity and enforceability, and contains factual inaccuracies regarding land use and residential accommodation definitions.

Based on the above, the proposed LAP is unable to progress. However, staff are continuing to develop an LAP that would enable greater housing options with the following opportunities being investigated: expanding the exemption for one caravan in association with a dwelling house to two; permitting temporary accommodation in association with a new build or an existing business; and to extend the provisions for persons displaced by a natural disaster from two years to four.

Background

A LAP is a policy document that enables councils to specify the criteria which the council must take into consideration in determining whether to give or refuse an approval for certain activities as specified under section 68 of the LG Act. A LAP may also provide for certain activities to be exempt from needing section 68 approval. However, a LAP cannot override the provisions of the Environmental Planning and Assessment Act 1979 (EP&A Act).

It is important to note that the use of land for dwelling purposes requires approval through a DA under the EP&A Act. Approval for installation under section 68 of the LG Act cannot override this requirement. Therefore, it is not possible for the draft policy to achieve the aim of turning off the requirement for a DA for moveable dwellings.

DPHI has indicated that the draft policy cannot proceed in its current form and the exemptions sought under the draft policy will not be approved.

At the 18 December 2024 ordinary Council meeting it was resolved:

1. That Council staff provide a report to Council on the benefits, opportunities and risks of developing a Local Approvals Policy to provide exemptions for moveable dwellings being used solely for crisis accommodation. This report should identify any resourcing or budgetary impacts, as well as any other considerations and impacts. The report would be due to be provided at Council’s meeting in March 2025.

2. That Council staff review the attached draft Local Approvals Policy (LAP) and provide feedback to Council as part of the report in point 1.

3. That staff seek feedback from the Affordable Housing Implementation Group on the above two items and report all feedback to Council as part of the report identified in point 1.

The LAP presented by Cr Daly at the 18 December 2024 Council meeting is available at Attachment 2.

In response to part 2 of the Council resolution of 18 December 2024, a report was prepared by Council staff outlining options for the development of a LAP for moveable dwellings and associated structures being used solely for crisis accommodation to be DA exempt while still meeting acceptable amenity and safety standards for the occupants of such dwellings. Following consideration of this report at the 19 March 2025 ordinary Council meeting, it was resolved:

That Council:

1. Note the report regarding development of a Local Approvals Policy for moveable dwellings.

2. Note staff will present a draft Local Approvals Policy to Council for review and consideration at a later date.

3. Council commit to investigate pathways to support crisis accommodation providers to increase the supply of such crisis accommodation within the Bega Valley Shire, including discussing the LAP draft with the NSW Department of Planning and report back to Council.

Following the March Council meeting, staff forwarded the draft LAP provided by Cr Daly to DPHI for review and advice as per part 3 of the Council resolution. A subsequent meeting was held with representatives of DPHI to discuss their feedback on the draft policy.

Response from the Department of Planning, Housing and Infrastructure

The following feedback to the draft LAP for Moveable Dwellings Providing Crisis Accommodation in the Bega Valley Shire as presented to Council on 18 December 2024 was received from the Team Leader of the Housing Policy and Codes section of DPHI.

The response from DPHI states that the draft policy cannot be approved because it:

· uses terms that are not defined in the LG Act or LG Regulation and a LAP can only apply to activities that are within the scope of the legislation

· uses terms that are not defined in other legislation (e.g. 'registered support agency' and 'risk of losing their home')

· includes unclear and ambiguous criteria to qualify for an exemption

· includes requirements that are more rigorous than the existing exemptions of the LG Regulation.

In addition, DPHI note that:

· The 3 month limit on occupation serves little purpose and will be difficult to enforce.

· There is no clear rationale as to why the draft policy would be limited to application in particular land use zones.

· The statement about a moveable dwelling being ‘an innominate use under the definition of Residential Accommodation’ is factually incorrect.

The complete response from DPHI is as follows:

“We recommend that the policy use terms that are already defined in the LG Act or LG Regulation [Local Government (Manufactured Home Estates, Caravan Parks, Camping Grounds and Moveable Dwellings) Regulation 2021]. A LAP can only apply to activities that are within the scope of the legislation.

Use of the terms 'registered support agency' and qualifying criteria such as 'risk of losing their home' are unclear and likely to pose a challenge in implementing the policy. We suggest using terms that are already defined in legislation and simplifying the qualifying criteria.

The draft policy includes several requirements in Part 1 that are more rigorous than the existing exemptions at section 77 of the LG Regulation. A LAP can provide for circumstances where approval is not required in addition to any approval exemptions that already exist. The policy cannot be used to undermine the existing exemptions.

The criteria that need to be met to qualify for an exemption must be clear and unambiguous. Some of the provisions under Part 1 seem more suited to an assessment process than an exemption framework. For example, Part 1(j) notes that the advice of a heritage specialist is required for installation on land identified to be of heritage significance. It is unclear what kind of advice the heritage specialist would provide or what would be done with the advice once it is provided.

The reference to a possible extension of time in circumstances where there is no “alternative affordable accommodation available” would likely apply in the vast majority of cases. As such, the 3 month limit on occupation would seem to serve little purpose. A timeframe for the moveable dwelling to remain on the land is likely to be clearer to determine and enforce if necessary.

We are unclear as to why the policy would be limited to application in particular land use zones. We also note that the statement about a moveable dwelling being “an innominate use under the definition of Residential Accommodation” is factually incorrect.

Since the purpose of the policy is to set out an exemption, there are no requirements that are relevant to Parts 2 and 3. However, it is still necessary to include these parts in the policy as specified in the LG Act.

The Department of Customer Service (DCS) is currently working on reforms relating to prefabricated building work that is likely to impact definitions that are included in this policy. We anticipate there will be more clarity about these reforms mid-year and the DCS work may have impacts on what is covered under the draft policy.”

Other opportunities

Council staff remain committed to preparing a draft LAP for temporary housing (as per part 2 of the Council resolution of 19 March 2025) which is currently being reviewed in relation to the feedback received from DPHI in relation to the draft policy provided by Cr Daly.

This work is expected to be completed for presentation to the Council in the coming months, subject to resourcing. This work differs to that put forward in the draft LAP tabled at the 18 December 2024 Council meeting in that it would apply more broadly than crisis accommodation, however the policy would only seek to apply to caravans and campervans that do not require development consent under the EP&A Act.

The temporary housing options that are currently being investigated include: expanding the exemption for one caravan in association with a dwelling house to two; permitting temporary accommodation in association with a new build or an existing business; and to extend the provisions for persons displaced by a natural disaster from two years to four. This work is happening within Council’s approved general fund budget and resourcing.

Under the Local Government Act, any LAPs that seek to make an activity exempt from Council approval must be approved by the Office of Local Government’s Departmental Chief Executive. This role has been delegated to DPHI who have reviewed the draft policy presented at the 18 December 2024 Council meeting and advised that the draft policy is unsuitable for approval due to several deficiencies as highlighted above.

Options

1. Council could resolve not to proceed with the draft LAP for Moveable Dwellings Providing Crisis Accommodation in the Bega Valley Shire as presented to Council on 18 December 2024, for the reasons outlined in this report and the report on the matter presented to the 19 March 2025 Council meeting. This is the recommended option as the draft LAP will not have the desired effect as it cannot override the need for a DA under the EP&A Act and will not be supported by DPHI.

2. Council could proceed to publicly exhibit the draft LAP for Moveable Dwellings Providing Crisis Accommodation in the Bega Valley Shire as presented to Council on 18 December 2024. This option is not recommended as the draft policy would not be supported by DPHI and is not consistent with the requirements of the LG Regulation and the policy would not have the intended effect as development consent would still be required for the land use consideration as required under the EP&A Act. Additionally, exhibiting a draft LAP that is unable to be implemented risks creating community expectation that Council will be unable to deliver on.

Community and Stakeholder Engagement

Engagement undertaken

The draft LAP as presented to Council on 18 December 2024 was distributed to the Affordable Housing Implementation Group for feedback the following day. Four responses were received as discussed in the 19 March 2025 report to Council.

The draft LAP was forwarded to DPHI for review on 27 March 2025, a meeting with representatives of DPHI and Council staff was held on 10 April 2025 and a written response to the draft LAP was received from DPHI on 12 May 2025.

Engagement planned

No further engagement is planned on the draft proposed LAP provided as part of the 18 December 2024 Notice of Motion. The draft LAP currently being developed by staff will be exhibited at a later date, pending future Councillor endorsement.

Financial and Resource Considerations

The Council officer review of the draft policy, engagement with DPHI and preparation of two additional Council reports was unplanned work that required staff to divert their time and resources from other projects. Reassigning tasks has an impact on service delivery for other projects committed to by Council.

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

Local Approvals Policies are an instrument available to councils under the LG Act to regulate certain matters as outlined in Section 68 of the LG Act. An LAP cannot override the provisions of the EP&A Act.

Section 162 of the Act specifies that the Departmental Chief Executive’s consent is required for a Section 68 policy (LAP) to include any local exemptions from the necessity for approval. Feedback on the draft policy from DPHI confirms that an LAP that enables a ‘without approval’ pathway may not include requirements that are more rigorous than existing exemptions under the LG Regulation.

The draft LAP tabled at the 18 December 2024 Council meeting will not have the desired legal effect.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

The draft LAP is consistent with Planning Priority 11 of the Bega Valley Shire Local Strategic Planning Statement 2040: Residential areas provide a range of housing styles, sizes and tenures that suit people of all ages, income levels and household sizes and enable communities to stay connected and healthy as people move through the various stages in life.

Environment and Climate Change

The draft LAP could result in unacceptable risks to the environment through the unregulated location of dwellings.

Economic

The draft LAP could adversely impact Council’s budget should legal proceedings result from the implementation of the policy.

Risk

Feedback to the draft policy from DPHI confirms that the requirements of the LAP cannot be more rigorous than existing exemptions under the LG Regulation. This means that Council is unable to place conditions in an LAP that enables an exempt development pathway to ensure appropriate health and amenity standards are maintained.

Any future draft LAP for temporary housing being considered by Council must make a careful assessment of likely risks to health, safety and the environment to ensure risks are low or can be appropriately mitigated through a suitable approval process.

Social / Cultural

The draft policy could result in unacceptable risks to the community through the unregulated location of dwellings in hazard prone areas. While it is acknowledged the Bega Valley Shire is experiencing a housing shortage, Council has an obligation to ensure housing is safe and appropriate.

Attachments

1 . Notice of Motion from 18 December 2024

2 ⇩. Draft Local Approvals Policy presented by Cr Daly 18 December 2024

Council 23 July 2025

Item 8.2

8.2. Comprehensive Development Control Plan (DCP) Review Stage 1

This report presents Stage 1 of the Comprehensive Development Control Plan (DCP) Review for Council’s consideration.

Director Community Environment and Planning

Officer’s Recommendation

1. That Council places Stage 1 of the Comprehensive Development Control Plan Review including the Draft Stormwater Guidelines for Development (Attachments 1-3) on public exhibition for a period of 42 days.

2. That following public exhibition, a further report be presented to Council detailing submissions received and any proposed amendments to the drafts.

Executive Summary

All development applications in the Bega Valley Shire are required to consider the Bega Valley Development Control Plan 2013 (DCP 2013) as a matter for consideration under Section 4.15(1)(a)(iii) of the Environmental Planning and Assessment Act 1979.

Council staff have commenced a comprehensive review of the DCP 2013. The project consists of four stages and will result in a whole new DCP with the name updated to reflect the year of completion.

The first stage (Stage 1) of the DCP review has been completed and includes a revision of the subdivision standards (Attachment 1), various other amending sections (Attachment 2) and new Draft Stormwater Guidelines for Development (Attachment 3) which have been developed to accompany the provisions of the DCP.

The proposed updates aim to provide clearer, up to date guidance for developers and ensure a more transparent decision making process.

This report presents Stage 1 of the DCP review and new Draft Stormwater Guidelines for Development for Council’s consideration and recommends that Council resolve to put the drafts on public exhibition.

Background

Managing Council’s development control plan is a core business activity of the Strategic Planning team. The intent and purposes of the DCP review are to:

· respond to changes in the legislative, judicial and development context

· give effect to current NSW and the South East and Tablelands Region’s plans and strategies

· give effect to Council’s current strategies, policies and procedures

· update references to legislation, standards and Council’s policies and procedures

· review the layout, format and structure of DCP 2013 with the intent of delivering an accessible and dynamic online resource.

Project stages

The DCP review has been divided into four stages.

Stage 1 (in progress)

Stage 1 of the DCP review included reviewing and updating existing requirements for setbacks, on-site wastewater management, contaminated and bushfire prone land, subdivision and engineering standards, and drafting new requirements for waste management. The table below outlines the specific sections of the DCP that have been written or rewritten.

Stage 1 seeks to amend or replace the existing sections of DCP 2013 listed in column 1 with the draft DCP sections listed in column 2:

Existing section	New section/s or amending section/s
4.3 Setbacks	4.3 Setbacks
5.7 On-site Wastewater Management	5.7 On-site Wastewater Management
5.8.3 Contaminated land	5.8.3 Contaminated land
5.8.4 Bushfire prone land	5.8.4 Bush fire prone land
5.10 Subdivision Standards	5.10 Subdivision Standards
6 Engineering Standards	5.13 Roads and access 5.14 Stormwater and soil management 5.15 Connecting to water and sewer services 5.16 Crown roads
NA	5.17 Waste Management

Due to the scale of the amendments to the DCP, they are presented for exhibition in two separate attachments. Attachment 1 contains Draft 5.10 Subdivision Standards, and Attachment 2 contains the remaining proposed amending sections.

Stage 1 also included the preparation of Draft Stormwater Guidelines for Development (Attachment 3) to supplement the DCP. The guidelines prescribe Council’s requirements for the management of stormwater within development sites and discharge of stormwater from development sites. They must be used in conjunction with Council’s Specification 0074 Stormwater Drainage (Design) and DCP 2013.

The drafts have been informed by internal staff consultation, Council strategies, policies and procedures, reviews of other councils’ Development Control Plans, NSW Government Architect publications, Healthy Streets, Walking Space Guide, the Sustainable Subdivisions Framework and NSW Government guidelines and policies including Planning for Bushfire Protection 2019, Practitioners Guide to Movement and Place, Better Practice Guide for Resource Recovery in Residential Developments, and NSW Design of Roads and Streets Manual.

The following provides a summary of the amendments/contents as part of stage 1:

· Improve clarity on requirements for roads and access, stormwater and soil management, subdivision standards, and connecting to water and sewer services

· Update requirements and guidelines for on-site wastewater management systems

· Incorporate requirements based on Council’s Contaminated lands policy

· Update requirements for bushfire asset protection zones to reflect Council’s Lands under Council’s jurisdiction policy and procedure

· Update access, driveway and road requirements for various types of development

· Include detailed guidelines for managing stormwater

· Introduce requirements for waste management for various types of development

· Include new provisions to improve flexibility in subdivision design, minimise long-term maintenance and renewal infrastructure costs

· Introduce a selection of road typologies and cross-sections for use by subdivision designers.

Stage 2

Stage 2 of the DCP review will include review of the following sections:

· 3 Residential Development

· 4 Rural Development

· 5.1 Aboriginal Heritage

· 5.2 Non Aboriginal Heritage

· 5.4 Social and Economic Impacts

· 5.5 Sustainable Design Principles

· 5.6 Tree and Vegetation Preservation

· 5.8 Planning for Hazards

Stage 3

Stage 3 will include review of the following sections:

· 2 Commercial and Industrial Development

· 5.3 Access and Mobility

· 5.9 Off-street Car and Bicycle Parking

· 5.11 Signage and Advertising

· 5.12 Tourist Accommodation and Caravan Parks

Stage 4

Stage 4 will include review of the following:

· 1 Preliminary

· 7 Site Specific Requirements

· Document structure

· Document layout

· Document format

Each stage will be presented to Council on completion of the drafts, seeking a resolution for public exhibition. Once all stages of the review are completed, the DCP will be renamed to reflect the year of completion.

Options

Options available to Council are to:

1. Resolve to exhibit the drafts as attached to this report. This option would enable Council to seek feedback from the community, development industry and various NSW Government agencies on the draft sections in stage 1 of the review. This is the recommended option.

2. Resolve not to exhibit the drafts. This option is not recommended because the proposed DCP amendments seek to improve outcomes from development for the community and Council, seek to give effect to Council’s strategies and policies, and increase certainty for developers undertaking development within the shire.

Community and Stakeholder Engagement

Engagement undertaken

Staff from the following Council teams have been involved in the drafting process: Biosecurity Services, Bushfire Planning and Assessment, Civil Assets, Development Engineering, Environmental Health, Environmental Services, Leisure and Recreation Services, Planning Services, Project and Design Services, Property and Legal Services, Waste Services, and Water and Sewer Services.

The drafts have been informed by real cases that Council staff involved in assessing development applications have been navigating alongside local development professionals.

Engagement planned

The drafts fall into Inform and Consult on the IAP2 Spectrum of Public Participation. Council’s Community Participation Plan requires that Council exhibit draft DCPs for a minimum period of 28 days.

Should the drafts be endorsed by Council for public exhibition, it is proposed to provide information about the drafts through Council’s newsletter, website and social media, and via email to the Development Professionals Group, NSW Rural Fire Service, NSW Department of Primary Industries and Regional Development – Fisheries, and WaterNSW.

Members of the community will be encouraged to provide feedback through Council’s ‘Have Your Say’ webpage.

Depending on the level of interest and engagement with the drafts, staff may coordinate workshops or discussion groups with interested members of the Development Professionals Group to further refine the drafts.

Financial and Resource Considerations

Managing Council’s Development Control Plan is a core business function of the Strategic Planning team, with funding provided through the general fund. Future stages of the review will require some external subject matter expertise, with funding to be provided from the Strategic Planning budget.

Legal /Policy

All development applications in the Bega Valley Shire are required to consider DCP 2013 as a matter for consideration under Section 4.15(1)(a)(iii) of the Environmental Planning and Assessment Act 1979.

The drafts seek to give effect to the following Council policies and procedures:

· Policy 3.11 Contaminated Lands

· Policy 3.13 Trees and vegetation on Council managed public land in urban areas

· Policy 4.07 Water and Sewerage Services

· Policy 4.10 Lands under Council Jurisdiction

· Policy 5.02 Transport services

· Procedure 4.10.05 Acquisition and disposal of land or interests in land

· Procedure 3.10.01 Mandatory Waste Services

· Procedure 4.07.1 Connecting to our water or sewer system

· Procedure 5.02.10 Street Lighting

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

Community Strategic Plan 2042 – 2025 Revision

The drafts are consistent with the following strategies of the Bega Valley Community Strategic Plan 2042:

· A.8 Support opportunities for provision of diverse and affordable housing.

· B.2 Promote and support opportunities to diversify and grow our economy and provide local jobs.

· C.1 Deliver and support integrated water management.

· C.2 Ensure land use planning and resource use supports sustainable growth whilst protecting the quality of the natural environment and our rural landscapes.

· C.3 Support innovative approaches to waste minimisation and resource recovery, circular economy and local solutions.

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

· C.5 Promote renewal energy adoption .

· D.1 Plan and provide for water, sewerage and stormwater infrastructure and services that will meet current and future needs.

· D.3 Plan and provide for improved access to community facilities and leisure and recreation assets that will meet current and future needs

· D.4 Plan for, develop and deliver active transport options by creating paths and tracks for walking and cycling

· D.6 Our transport network makes it easy to move through and beyond the shire.

Local Strategic Planning Statement

The drafts deliver Council’s Local Strategic Planning Statement Action 8.4 Review planning and subdivision controls to ensure a highly connected local street network with footpaths or shared paths connecting to town centres and recreation areas.

The drafts are consistent with the following directions of Council’s Local Strategic Planning Statement.

· Continue to protect major estuary foreshores and sensitive water catchments to maintain and improve water quality.

· Encourage land owners to increase rainfall capture and storage and slow the movement of water in the landscape through water sensitive urban design and reuse systems.

· Support programs that improve the quality of natural systems and enhance biodiversity values, including habitat regeneration, restoration of wildlife corridors and land management.

· Encourage and incentivise best practice passive and sustainable building design and materials use, provision of well-designed shade and opportunities for retrofitting to minimise the need for heating and cooling.

· Protect the aquaculture industry and support it to adapt to climate change.

· Protect catchments of sensitive receiving waters including water supply storages and priority estuaries used for aquaculture, tourism and recreation.

· Ensure suitable buffers between existing and proposed industrial land and any surrounding sensitive receivers or incompatible land uses.

· Continue to improve the accessibility of Council managed public open space and venues.

· Continue to require the dedication of land and construction of public facilities with large residential land releases.

· Prioritise well-designed natural and built shade in the delivery of all public infrastructure and spaces and support the provision of well-chosen and well-placed street trees in residential or public domain developments.

· Review planning and subdivision controls with consideration of the NSW Government Architect Greener Places design framework.

· Maintain scenic vistas by discouraging development on prominent ridgelines.

· Protect cultural heritage and built heritage items and preserve the value of heritage buildings and places by ensuring that new development near heritage-listed items respects these values.

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

Residential Land Strategy

The drafts are consistent with the following development principles of Council’s Residential Land Strategy:

· Increase diversity of housing

· Protect and enhance local identity and sense of place

· Promote efficient use and provision of infrastructure

Active Transport Strategy

The drafts are consistent with the following objectives of Council’s Active Transport Strategy:

· Maximise real and perceived safety to encourage the uptake of active transport

· Provide a cohesive network of paths, crossings, and amenity within centres that prioritise active transport users at key points

· Provide connections to recreational facilities

· Ensure the network is inclusive for all ages and abilities

· Provide supporting amenity (e.g. benches, shade cover, etc.) to support active transport as an enjoyable experience

· Ensure infrastructure is sensitive to its local environment and represents value for money

· Encourage uptake of active transport and shift trips away from private vehicles, supporting Bega Valley's sustainability goals

Disability Inclusion Action Plan

The drafts are consistent with the following actions and measures of Council’s Disability Inclusion Action Plan 2b:

· Review land use plans and policies to support improvements to accessible and inclusive infrastructure, telecommunications and interactive technologies.

Environment and Climate Change

The drafts incorporate guidance and development controls for the development of land adjacent to riparian zones and sensitive catchments and containing high-value biodiversity.

Amendments to the drafts seek to:

· better allow for passive solar house orientation on new lots

· provide clear direction regarding installation and modification of on-site wastewater management systems

· better manage waste in association with new multi-unit developments

· encourage the take-up of active transport and improve transport connectivity

· improve the quality of stormwater run-off.

Climate Resilience Strategy

The drafts are consistent with the following strategies of Council’s Climate Resilience Strategy:

· L18. Update BVSC’s Development Control Plan and Engineering Guidelines to support sustainable building

· LT7. Ensure active transport is key priority in town centre CBD planning and design of new subdivisions

· F4. Protect estuary foreshores and sensitive estuarine catchments

· E8. Promote energy efficiency as part of new developments

Economic

The drafts seek to improve certainty and provide more guidance for applicants and developers undertaking development in the Bega Valley Shire.

Risk

The drafts seek to address risks to Council and the community associated with stormwater management, development of sloping land, development adjacent to heritage and sensitive environmental areas, on-site wastewater disposal, driveways and access, road design, waste collection, bush fire prone land, retaining walls, transport access and connectivity, and provision of trees, vegetation and open space.

The drafts seek to address risks to households associated with development of bush fire prone and contaminated land, post-subdivision development of sloping sites, solar access, and lack of housing diversity.

The proposed updates aim to provide clearer, upfront guidance for developers and ensure a more transparent decision making process.

Social / Cultural

The drafts seek to give effect to Council’s adopted strategies and policies, and are therefore anticipated to result in positive social and cultural outcomes for the Bega Valley community.

Attachments

1 ⇩. Stage 1 DCP Review: subdivision standards

2 ⇩. Stage 1 DCP Review other sections combined

3 ⇩. Draft Stormwater Guidelines for Development

Council 23 July 2025

Item 8.3

8.3. Parking Enforcement

This report provides the outcomes of a review of Council’s dedicated parking officer function to ensure it aligns with Council’s community strategic values, as requested by the elected Council.

Director Community Environment and Planning

Officer’s Recommendation

1. That Council note the review of Council’s parking enforcement function which identifies parking enforcement aligns with the community strategic values of safety, equity, sustainability and community engagement.

2. That Council note printed notification cards have been introduced to provide a visual indication to the driver they have been issued a fine, in line with recent amendments to the Parking Fines Bill 2024.

Executive Summary

Council has a regulatory obligation to enforce the laws relating to motor vehicle parking and to manage public safety and traffic flow in accordance with the relevant laws.

At the Council meeting on 14 August 2024 Council resolved to review the dedicated parking officer function to ensure it aligns with Council’s community strategic values. This review has been completed and a copy is included at Attachment 1.

The review found that Council’s parking enforcement aligns with community strategic values including principles of safety, equity, sustainability and community engagement.

Additionally, printed notification cards have been introduced to provide a visual indication when a vehicle has been issued with a parking fine, in line with recent amendments to the Parking Fines Bill 2024.

Background

In 2001, primary responsibility for enforcing on-street parking regulations moved from the NSW Police Service to local councils. The aim of this change was to streamline parking enforcement and improve efficiency statewide. This change was made under the Local Government Amendment (Enforcement of Parking and Related Offences) Bill 2001 (the Act).

Under the Act, Council has a regulatory obligation to enforce the laws relating to motor vehicle parking and to manage public safety and traffic flow in accordance with the relevant laws.

On 14 March 2018, Council resolved to undertake a dedicated parking compliance trial. The aim of the trial was to encourage people to change their parking habits and add value to traffic management measures applied through the Local Traffic Committee (LTC). The trial was undertaken between 21 May 2019 and 13 September 2019, with one dedicated full-time Parking Ranger. As the trial progressed, increased turn-over of parking spaces and improved traffic flow were observed. Additional benefits of the trial included increasing driver knowledge of parking signage, provision of directions to visitors, increased rapport with local businesses, and provision of information on a range of other Council services.

This trial was successful in encouraging people to comply with parking limits in the shire’s main town centres and it was proposed that a permanent position be established. It was noted that the establishment of a full-time parking ranger would continue to allow other Ranger staff to concentrate on other compliance priorities.

Following the success of the trial, at the 9 October 2019 Council meeting, Council resolved to establish a permanent Parking Officer position within the Community Safety and Compliance team for the ongoing compliance of timed and managed parking within the Bega Valley Shire.

There are a number of partnerships that support Council's parking regulatory function including NSW Police, Revenue NSW, Transport for NSW and Bega Valley Shire’s Local Traffic Committee. The primary objective of these partnerships is to improve road safety compliance with traffic regulations, and to ensure a standardised and consistent approach to requests for review and/or leniency.

At the Council meeting on 14 August 2024 Council resolved to review the dedicated parking officer function to ensure it aligns with Council’s community strategic values and report back to a future meeting of Council.

Options

This report is for noting only. As such, there are no further options presented with this report.

Community and Stakeholder Engagement

Engagement undertaken

Council officers have undertaken an internal review of the dedicated parking officer function and provided detailed information and findings to Councillors at a Councillor workshop on 30 April 2025, in accordance with the 14 August 2024 Council resolution (Item 13.3). The review report is available at Attachment 1.

Engagement planned

There is no further engagement planned in relation to this report, other than business as usual information sharing and engagement regarding parking enforcement across the shire.

Financial and Resource Considerations

Legal /Policy

Council’s dedicated Parking Ranger and general duties Rangers are appointed as Authorised Officers to act on Council’s behalf to conduct parking compliance and enforcement duties.

Acts and schemes associated with parking include:

• Road Rules 2014 under the Road Transport Act 2013

• Roads Act 1993

• Road Transport Act 2013

• Local Government Act 1993

• Fines Act 1996 and associated Regulation

• Privacy and Personal Information Protection Act 1998

• Disabled Parking Scheme

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

Alignment with the Community Strategic Plan 2042 – 2025 Revision

CSP OUTCOME: Our community – A connected and vibrant community where people are happy, safe, and well.

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

Delivery Program: A8.3 – Provide compliance services that protect the amenity and safety of the community.

Parking compliance and enforcement plays a crucial role in maintaining a safe and orderly
community. The dedicated parking officer position ensures that our community has consistency and ensures the rest of the Ranger team (3 general duties Rangers and the Coordinator) can focus on other safety and compliance issues around the shire.

The primary purpose of the dedicated parking officer function is outlined below.

Community Safety

School Zones and Children's Safety: Parking enforcement helps ensure that vehicles are parked safely and legally around school zones. This is crucial for protecting children, who are more vulnerable to traffic accidents. The dedicated parking officer function ensures these areas receive priority regulation which reduces the risk of accidents and ensures safe pick-up and drop-off points for students. Other parking issues that are considered with the safety of pedestrians are: no stopping zones, no parking zones, vehicles parked facing the wrong direction, parking on paths and strips in built up areas, and parking in bus zones.

Fair, Dignified and Equal Access for All

Accessible Parking Zones: Designated accessible parking zones are reserved for individuals with disability with the approved authority. Effective regulation ensures these spaces are used appropriately by those who need them, promoting fairness and dignity for people with mobility challenges. Without enforcement, these spaces are often be misused by others, reducing accessibility for those who genuinely need it.

Thriving CBD and Supporting Local Businesses

Regulation of timed parking and loading zones ensures regular turnover of parking spaces in central business districts (CBDs) and commercial areas. This encourages a regular turnover of parking spots, making it easier for people to find parking, which in turn supports local businesses by increasing foot traffic and customer accessibility.

Having a dedicated parking officer means regular patrols which increases visibility and awareness, which in turn ensures an increase in compliance with parking regulations, improved traffic flow, and increased accessibility and safety for all.

Community Wellbeing

Parking enforcement contributes to community well-being by enhancing quality of life through reduced congestion, promoting inclusivity, encouraging responsible behaviour, supporting the local economy, reducing stress and conflict, and creating a safer, more welcoming environment. It plays a vital role in ensuring that public spaces are safe, accessible, and enjoyable for all members of the community. Our dedicated parking officer function ensures parking regulation is consistent and prioritised.

Environment and Climate Change

There are no environmental or climate change considerations associated with the recommendations of this report.

Economic

There are no economic implications associated with the recommendations of this report, however the enforcement of car parking restrictions in the shire’s towns and villages can provide a positive economic impact for businesses by ensuring adequate turnover of parking spaces. This improves access to shops by reducing the amount of time spent looking for parking, which therefore reduces traffic congestion and associated loss of productive time.

Risk

Parking compliance is part of the regular business of Council and does not introduce any new organisational risks.

Unfortunately, parking officers are sometimes subject to verbal or physical abuse. Returning to printed notifications on vehicles increases the risk to officer safety, however increases education and awareness for drivers. Council’s dedicated parking ranger uses a body worn camera for safety reasons, in accordance with Policy 4.05 Enforcement and Compliance and the related internal Procedure 4.05.05 Wearing of Body Camera.

Social / Cultural

Effective management of regulated parking spaces within the Bega Valley Shire will improve traffic flow and shopper turnover in the major centres, resulting in increased visitors to the shopping districts especially during busy holiday times. This is likely to increase community and visitor satisfaction as the availability of parking spaces will be increased. Additionally, community safety is a critical part of community wellbeing. Parking enforcement plays a key role in maintaining community safety as outlined above.

Attachments

1 ⇩. Parking Officer Function - Community strategic values review 2025

Council 23 July 2025

Item 8.4

8.4. Burials on Private Land - draft planning proposal, policy and procedure

This report provides Council with a draft policy and planning proposal regarding burials on private land and seeks approval to exhibit the documents.

Director Community Environment and Planning

Officer’s Recommendation

That Council:

1. Support a planning proposal and draft policy and procedure - Burials on Private Land - to enable burial of up to four bodies on certain private land without Council consent.

2. Authorise Council officers to submit the planning proposal (Attachment 1) to the Department of Planning, Housing and Infrastructure requesting a Gateway Determination under Section 3.34 of the Environmental Planning and Assessment Act 1979.

3. Place the draft policy and procedure (Attachments 2 and 3) on public exhibition for a period of no less than 28 days, with submissions able to be received for 42 days and, if no submissions are received, the exhibited policy and procedure be adopted and published on Council’s website.

4. Authorise Council officers, subject to the conditions of the Gateway Determination (including public exhibition) and providing no substantial changes to the planning proposal or draft policy are required and no objections are received during exhibition, to progress the planning proposal to finalisation and gazettal without a further report to Council.

Executive Summary

Council manages a number of cemeteries across the shire, however on occasion, will receive requests for burials on private land (other than a private cemetery) for various reasons. Under the NSW Public Health Regulation 2022 Council approval is required for burials on private land. To minimise the administrative burden on grieving relatives, a draft policy, procedure and planning proposal have been developed to enable approval to bury up to four bodies on private land without requiring a development application. The draft policy and planning proposal apply to the larger lot rural zones of RU1 Primary production, RU2 Rural Landscape or C3 Environmental Management.

Background

Under Clause 92 of the NSW Public Health Regulation 2022 a person must not place a body in a grave or vault on private land unless the area of landholding is five hectares or more and the location has been approved by a local government authority and is not likely to contaminate a drinking water supply or a domestic water supply.

The aim of the proposed amendment to the Bega Valley Local Environmental Plan 2013 (BVLEP 2013) and the proposed draft Burials on Private Land Policy (draft policy) is to formalise Council requirements and create an exempt development pathway for burials on private land in certain zones and appropriately regulate the practice of burials on private land.

The intent of the planning proposal is to clarify that Bega Valley Shire Council considers that development consent should not be required for burials of up to four deceased persons on land under the provisions of the Environmental Planning and Assessment Act 1979 where the land use is considered ancillary or incidental to any lawfully erected dwelling on the land in specified zones.

The draft policy and amendment to BVLEP 2013 will clarify when approval is required under the Environmental Planning and Assessment Act 1979 for burial on private land in the Bega Valley Shire. The draft policy and planning proposal would apply to burial of up to four bodies on land over 5 hectares in size zoned RU1 Primary Production, RU2 Rural Landscape or C3 Environmental Management.

The draft procedure sets out specific environmental, water protection, access, grave and information standards required for burials enabled by the draft policy.

Any proposal for a cemetery or for burial of more than four bodies on a single land parcel will require lodgement and assessment of a development application and approval prior to burials occurring.

It is noted that the burial or placement of ashes on private land does not require Council approval.

Options

1. Council can resolve to endorse the proposed planning proposal, draft policy and procedure included at Attachments 1, 2 and 3 to this report, publicly exhibit the draft policy and procedure for 28 days and accept submissions for 42 days. In conjunction with the draft policy, Council can also further formalise the position on burials on private land by amending BVLEP to clarify that burial of up to four bodies is exempt development providing it is done in accordance with the draft policy. This is the recommended option.

2. Council can resolve to amend the draft policy or procedure and place the amended version/s on exhibition for 28 days and accept submissions for 42 days. Council can also resolve to amend the planning proposal prior to authorising its submission to the Department of Planning, Housing and Infrastructure requesting a Gateway Determination. Council would need to provide detailed guidance on what amendments were required.

3. Council can resolve not to exhibit the draft policy or procedure or support the planning proposal and require a development application for all burials on private land. This is not recommended due to the additional administrative burden placed on grieving families.

Community and Stakeholder Engagement

Engagement undertaken

No community consultation has yet been undertaken.

Engagement planned

It is a requirement under the Local Government Act 1993 (NSW) that new or revised policies of Council be placed on public exhibition for a period of 28-days. The draft policy attached to this report will be exhibited using Council’s ‘Have your say’ page on the Bega Valley Shire Council website. Submissions will be received for a period of 42-days.

If adopted, the policy will be published on Council’s website as well as the internal staff intranet.

Community consultation for the planning proposal will be consistent with the requirements of the Bega Valley Shire Community Engagement Strategy, being a minimum exhibition timeframe of 28 days or as specified by the Gateway Determination. It is proposed to exhibit the policy and planning proposal concurrently.

Public exhibition of the planning proposal will include notification on Council’s website.

Should agency or community feedback to the planning proposal be received that warrants substantial changes to the planning proposal, a further report will be prepared for Council outlining the submissions received and any changes to the planning proposal recommended in response to those submissions prior to resolving whether to proceed with amending BVLEP 2013.

If no objections to the planning proposal are received and no substantial changes are required to the planning proposal, it is recommended that Council resolve to authorise staff to proceed to finalise the proposed amendments to BVLEP 2013.

Financial and Resource Considerations

The work undertaken to prepare the draft policy and planning proposal has been completed within Council’s approved general fund budget. Any future work regarding training and awareness about the policy will also be completed using approved budget. The processing of the planning proposal and its public exhibition will be undertaken as part of Council’s regular work program.

Legal /Policy

Council’s 6.01.1 Policy and procedure creation and amendment procedure states as follows:

The proposed policy will be placed on public exhibition to receive submissions for a period of 42 business days using Council’s “Have Your Say” page on the website. This provides members of the community with an opportunity to give input into Council’s policy statements. All submissions received during the public exhibition will be considered by Council and reviewed prior to adoption or if necessary further report to Council.

The planning proposal has been prepared in accordance with Section 3.33 of the Environmental Planning and Assessment Act 1979 and the NSW Department of Planning and Environment’s Local Environmental Plan Making Guideline (August 2024).

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

The draft policy and planning proposal are consistent with the Bega Valley Community Strategic Plan 2042 – 2025 Revision.

Environment and Climate Change

There is a risk that permitting burials on private land without consideration of the full range of potential impacts under the development application assessment process could result in some environmental impact, however this risk is minimal given the proposed activity and size of land disturbance. The draft policy and procedure include information and guidance to further minimise this risk.

Economic

No major economic impacts or benefits are anticipated through the introduction of the draft policy or planning proposal.

Risk

There is a low risk that permitting burials on private land without consideration of the full range of potential impacts under the development application assessment process could result in contamination of drinking water supply or domestic water supply, however this is minimal and the draft policy and procedure includes information and guidance to further minimise this risk.

Social / Cultural

The draft policy and planning proposal will have positive social and cultural impacts by providing grieving relatives with a fast and simple approval process for burials on certain private land.

Attachments

1 ⇩. Burials on Private Land Planning Proposal

2 ⇩. Draft Burials on Private Land Policy

3 ⇩. Draft Burials on Private Land Procedure

Council 23 July 2025

Item 8.5

8.5. Memorandum of Understanding with Mumbulla Community Foundation

This report seeks Council approval to enter into a Memorandum of Understanding with Mumbulla Community Foundation to support community-based activities across the shire.

Director Community Environment and Planning

Officer’s Recommendation

That Council delegate authority to the Chief Executive Officer to enter into the Memorandum of Understanding (MoU) with Mumbulla Community Foundation at Attachment 1 to support community-based activities across the shire.

Executive Summary

Council has had a Memorandum of Understanding (MOU) with the Mumbulla Community Foundation since 2000. While the relationship has changed over time, there is still significant value in an MOU between the parties to provide a framework for ongoing collaboration and engagement between Council and the Mumbulla Community Foundation.

A new MOU the direction for the next 4 years has been drafted and endorsed by the Foundation (Attachment 1) setting. The draft MOU is now ready for Council’s endorsement.

Background

The Mumbulla Foundation was launched in November 2000 with the motto Give where you Live. It was the first truly regional philanthropic Foundation in Australia. In 2000 the Foundation and Council entered into a Memorandum of Understanding (MOU) to support the establishment of a community grants program (CGP). The MOU was regarded as a benchmark by other emerging foundations. Over the years it has allowed the Foundation, now called the Mumbulla Community Foundation, to leverage funding from a range of other sources and continue to grow their philanthropic work in the shire.

In the 25 years since its establishment, the small grants program has distributed over $1 million in grant funding to over 200 organisations in the Bega Valley Shire. Projects funded directly address a range of issues identified in Bega Valley Shire Council (BVSC)’s strategic documents. These include valuable services for older people, people with disability, young people, families and children, and people in need. Grants have also fostered arts and cultural activities, promoted education and life-long learning, and supported groups concerned with heritage and the environment.

The current MOU was endorsed by Council in July 2021. Council’s financial contribution to Mumbulla Foundation was removed from 1 July 2023 as part of Council’s budget considerations.

In consultation with the Foundation, the MOU has been reviewed to ensure it is fit for purpose, levels of accountability are maintained, financial content is up to date, and both parties are satisfied with the direction and focus of the partnership, particularly as it relates to shared issues and priorities identified in BVSC’s strategic documents.

Options

1. Options available to Council are to:Endorse the draft MOU at Attachment 1 and delegate authority to the Chief Executive Officer to sign the MoU on Council’s behalf. This is the recommended option.

2. Delegate authority to the Chief Executive Officer to enter into an MoU that varies from that described in Attachment 1. The Council would need to provide proposed alternative wording and further discussions with the Mumbulla Community Foundation would be required.

3. Not enter into a formal MoU arrangement with Mumbulla Community Foundation. This is not recommended based on the shared goals and work of the Foundation in supporting the community.

Community and Stakeholder Engagement

Engagement undertaken

The development of the proposed MoU has been undertaken in consultation with the Mumbulla Community Foundation and BVSC’s Community and Cultural Services staff.

The Foundation has provided in principle agreement with the draft MOU at Attachment 1, pending Council endorsement.

Engagement planned

Should Council resolve to support the MoU, BVSC staff will engage with Mumbulla Community Foundation to execute the agreement.

Financial and Resource Considerations

The proposed MOU has been developed within existing staff time and resources.

The proposed MoU does not include a financial commitment from Council, however contains a framework to enable further collaboration if finances or grants become available over the term of the MOU.

The draft MOU states that, should finances or appropriate grants be identified during the life of the MOU, Council and the Foundation will work together to establish a process to support the Foundation to provide community grants, scholarship programs or other agreed projects to address key areas of need in the community.

Legal /Policy

There are no direct legal or policy implications associated with the report recommendation.

It is important to note that the MOU is not legally binding however signals a clear intention to work in partnership with the Foundation to deliver on our shared objectives.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

The MOU aligns with the following goals in BVSC’s Community Strategic Plan 2042:

Theme: Our Community

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

A.1 Provide and support opportunities for social interaction, arts and culture, activities and events.

Theme: Our Civic Leadership

Strategic Objective: Government services have strong organisational practices that deliver services and facilities to meet community needs.

E.4 Government services have strong relationships with other organisation and across all levels of government to advocate for our communities.

Environment and Climate Change

There are no environment or climate change implications associated with the MOU or the recommendations of this report.

Economic

There are no economic implications associated with the MOU or the recommendations of this report.

Risk

Entering into an MOU with a not-for-profit group such as the Mumbulla Community Foundation is an activity that BVSC periodically undertakes and does not introduce any additional organisational risk.

Social / Cultural

The MOU is a positive way to foster and recognise the contribution of the Mumbulla Community Foundation and its donors, and to promote and support community organisations across the shire.

Attachments

1 ⇩. DRAFT Mumbulla Community Foundation and Bega Valley Shire Council Memorandum of Understanding 2025-2029

Council 23 July 2025

Item 8.6

8.6. Library Services Capital Budget

This report seeks to reinstate capital budget for procurement of Council’s library collection.

Director Community Environment and Planning

Officer’s Recommendation

That Council reinstate the capital budget allocation for the 2025-26, 2026-27, 2027-28, 2028-29 financial years for library collection procurement as outlined in this report.

Executive Summary

During the compilation and internal review of the detailed capital program that forms part of the Delivery Plan 2025-2029, the annual allocation of capital expenditure for library collection procurement was pushed back and doubled up in the latter years of the Long Term Financial Plan (LTFP). At present there is no library collection capital expenditure for the next 4 years which poses a significant risk to the core of the library network service provision. This report seeks Council approval to smooth out the library capital budget and ensure there is an annual amount provided for library collection procurement.

Background

At the 23 June 2025 Council meeting, Council adopted it’s 4-year Delivery Plan 2025-2029 which includes Council’s annual budget for 2025-26 and a detailed capital program for 2025-26 through to 2028-29. Underpinning the Delivery Plan is a 10 year LTFP.

The library collection capital expenditure in the 10 year LTFP is currently as follows with no allocation in 2025/26, 2026/27, 2027/28, 2028/29 and double allocation in the following years:

ITEM	COST CENTRE	CURRENT LTFP YEAR	AMOUNT^#
Library Collection	10480	2029/30	117,924
Library Collection	10480	2029/30	135,321
Library Collection	10480	2030/31	125,713
Library Collection	10480	2030/31	144,258
Library Collection	10480	2031/32	134,016
Library Collection	10480	2031/32	153,786
Library Collection	10480	2032/33	142,867
Library Collection	10480	2032/33	163,944
Library Collection	10480	2033/34	174,773

# Note that the amounts in this table have been indexed based on the financial year they are assigned to.

This report recommends that the library collection capital expenditure in the 10 year LTFP is amended to be as follows:

ITEM	COST CENTRE	AMENDED LTFP YEAR	AMOUNT
Library Collection	10480	2025/26	104,774
Library Collection	10480	2026/27	111,694
Library Collection	10480	2027/28	119,072
Library Collection	10480	2028/29	126,936
Library Collection	10480	2029/30	135,321
Library Collection	10480	2030/31	144,258
Library Collection	10480	2031/32	153,786
Library Collection	10480	2032/33	163,944
Library Collection	10480	2033/34	174,773
Library Collection	10480	2034/35*	186,133

*The capital expenditure for library collection in the final year of the LTFP was not included and this inclusion seeks to ensure that indexed capital expenditure is included in each year of the LTFP.

Options

Option 1: Support the recommendation as outlined. This ensures the library collection capital is reinstated and the current library network service provision is maintained. This is the recommended option.

Option 2: Not support the recommendation. This will have significant service consequences for Council’s libraries as the collection is the core of the library network service provision. This may also jeopardise funding available through the State Library of NSW noting our previous expenditure on capital was already below the recommended benchmark.

Community and Stakeholder Engagement

Engagement undertaken

No external engagement related to this report has been undertaken. This report is seeking to rectify an internal administrative process that resulted in a push back and doubling up of library capital allocation. Library services have had an annual capital budget allocation for library collection each year and use this funding to support a multi-year contract that provides hard-copy books and other digital assets.

Engagement planned

Library services are highly valued by the community as evidenced in the recent community satisfaction survey. If this recommendation is not supported this would have significant service level consequences and would need to be communicated to the community.

Financial and Resource Considerations

This report is seeking to realign allocation of capital expenditure where it had been pushed back and doubled up in latter years in the LTFP. Apart from the 2034/35 financial year that had no library collection allocation, it is not new funding that is being added—it is spreading out the current LTFP allocation so there is library collection capital in each financial year.

In the internal capital bids process, which is part of the compilation of the Delivery Plan 2025-2029, the acting Library Services Manager had sought for the collection capital to be increased by $5,000 annually to address the ageing collection. The recommended allocation of capital in this report does not include that $5,000 increase and sees a reinstatement of capital expenditure for the library collection that is aligned with previous financial years annual allocation, with relevant indexation.

Legal /Policy

Council has a range of legal and policy obligations in the provision of library services.

Library Act 1939 (NSW)

This Act require councils to provide free membership to ratepayers and residents, free access to certain materials on library premises, free loans for certain materials, free delivery to sick or disabled members and provision for the state subsidy to be expended to support these services free of charge.

Local Government Act 1993 (NSW)

Under this Act, councils are empowered to provide community services, including libraries. Delegations of authority for library operations are made under Sections 377 and 378, allowing the General Manager to manage library-related functions.

NSW Public Library Funding and Standards

Councils receiving state funding for libraries must comply with standards set by the NSW State Library and Australian Library and Information Association (ALIA). These include maintaining a current and accessible collection, providing free and equitable access, and supporting lifelong learning.

Policy Obligations

Council has an adopted Library Services Strategic Plan 2020–2025. One of the strategic priorities is ‘dynamic collections’ that provide contemporary and relevant collection for all users. The development of the next iteration of the Library Services Strategic Plan is due to commence this financial year.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

Provision of library services is aligned with our Community Strategic Plan 2042 – 2025 Revision.

CSP Strategy: Our Community

· A.1 Provide and support opportunities for social interaction, arts and culture, activities, and events.

Delivery Program 2025-2029: This supports the implementation of Council’s adopted Delivery Plan 2025-2029 as identified through the following Core Business activity undertaken by the library services team:

· Provide and maintain contemporary collections that are comparable with cohort NSW public libraries.

Environment and Climate Change

There are limited environment and climate change impacts associated with this report.

Economic

Reducing Council’s investment in its library collection will impact the multi-year contract that library services is seeking to establish for its collection procurement.

Risk

The are several short-term and long-term risks with not providing annual funding for library services to procure its collection. Without this funding allocation service levels of the libraries will fall below current expected standards from both the community and state government. Council reports to the State Library on our collection data and if it is not adequate the annual subsidy funding we receive that supports service delivery may be at risk.

From an operational perspective staff may spend more time managing complaints or trying to source materials through interlibrary loans. Without this investment, the library may struggle to meet strategic goals related to literacy, digital inclusion and community development.

Social / Cultural

Without continued investment and regular updating of resources, the collection becomes outdated and may no longer meet the current needs or interests of the community. Libraries are expected to maintain a current and relevant collection and support education at all levels and without new materials, learners of all ages may be disadvantaged. Vulnerable populations who rely on the library for access to information may be disproportionately affected.

Attachments

Nil

Council 23 July 2025

Item 9.1

9.1. Bega Roosters Temporary Canteen - Invoice Payment

This report summarises an ongoing problem related to the engagement of a contractor, outside of council’s procurement procedure, to undertake works on a temporary canteen at the Bega recreation ground, and that based on the information provided to date staff are unable to approve payment of their invoice.

Director Infrastructure

Officer’s Recommendation

That:

1. Upon receiving the information requested relating to scope and directions to undertake works, Council delegate authority to the Chief Executive Officer to approve payment of the invoice from G Lucas Constructions.

2. Council staff provide an overview of the circumstances and an update of the procurement procedures to the S355 Sportsground Committee.

Executive Summary

Bega Valley Shire Council (BVSC) has procedures for consistent and accountable public spending. This report details an incident where a sporting club, Bega Roosters, instructed G. Lucas Constructions to perform works without proper permissions and subsequently billed BVSC for the works.

The Bega Roosters were previously informed to seek written quotes and get BVSC approval before hiring contractors. In August 2021, BVSC received an invoice with insufficient details about the work performed or any information on who from council had authorised the works to be undertaken. BVSC staff could not process or recommend payment due to procedural violations and lack of information.

Since then, council staff have been in communication with the Bega Roosters and G. Lucas Constructions, requesting necessary procurement details. On May 12, 2025, an updated, itemised invoice was received. The issue is now reported to the Council for resolution and payment recommendation.

Background

The bar and canteen area at the Bega Recreation ground, which is utilized by the Bega Roosters, was damaged by fire in May 2014 for which council received an insurance payment. Concurrently, the Bega Sporting Complex Master Planning project commenced, rendering a direct renewal of the damaged canteen unfeasible. A portion of the insurance funds was allocated for the demolition and removal of the damaged canteen and related site works. The remaining funds were intended for the new Bega Sports Building project, which includes new kiosk and bar facilities for the Bega recreation ground. Discussions regarding temporary canteen facilities had been ongoing, with various options proposed by the Bega Roosters.

At a meeting on February 5, 2020, it was agreed with council staff that part of the insurance payment could be used for temporary canteen facilities. It was emphasised that proposals needed to be provided to council staff for approval under BVSC procurement procedures before commencing any works.

The Bega Roosters acquired an insulated room and a demountable office building, converting them into temporary kiosk and bar facilities. These purchases from Hayes Haulage were approved by council staff in March 2020, with invoices made out to BVSC and subsequently paid. This demonstrated the proper process to follow. An overview of subsequent background and events is outlined below.

· In May 2021, electrical work on the purchased temporary buildings was completed. The works, falling within a single quote price range, were inspected and found to be of fair value, and the invoice was approved for payment. At that time, the Bega Roosters were advised to provide scope and quotes for approval prior to undertaking future works. In August 2021, BVSC received an invoice for payment from G. Lucas Constructions for building and carpentry works on the temporary canteen. The invoice lacked detailed information or itemised breakdowns of the works.

· Council staff informed both G. Lucas Constructions and the Bega Roosters that they did not engage the works, were unaware of them, and had not given approval. Additional information was requested from both parties to ensure typical procurement accountability and transparency. Specific information sought included:

o Details of the extension works.

o Scope of the works.

o Reasons for the necessity following initial setup.

o Quotation status prior to works.

o Direction and approval for the works.

o Direction for invoicing to BVSC.

o Initial receipt location of the invoice (issued on 12/07/2021).

· In December 2022, Councillor Allen requested an update from staff via the executive office on the payment. The Manager Parks, Aquatics & Recreation drafted an email detailing the situation, which was distributed to councillors and the Bega Roosters. In January 2023, the Parks & Recreation Services Coordinator communicated with Glynn Lucas, reiterating that staff could not authorise payment without correct information, with the Bega Roosters also copied in this correspondence.

· In September 2023, a meeting was held between three members of the Bega Roosters committee and the Parks & Recreation Services Coordinator, concluding that retrospective quotes might help resolve the matter. In August 2024, three retrospective quotes were submitted to the council. These quotes were dated post-completion of works, with one missing an ABN.

· In November 2024, the Manager Parks, Aquatics & Recreation emailed the Bega Roosters requesting further information and advising that a memo would be drafted based on received information for consideration by the executive before seeking approval from Council.

· Emails in December 2024 and January 2025 from the acting president of the Bega Roosters attempted to resolve the issue, indicating that the contractor had sought legal advice regarding their payment.

· By late January 2025, phone calls and email correspondence between the Manager Parks, Aquatics and Recreation, and the new president of the Bega Roosters were exchanged, offering to meet to discuss the situation and options moving forward.

· In May 2025, BVSC received an updated invoice (confidential attachment) from G. Lucas Constructions with more itemised information. However, no additional details regarding initial scoping or authorisation for the works have been provided.

It is very important to note that the Bega Roosters have now stated that decisions to proceed with the works were made at the committee level without council staff being consulted or informed.

Images of the temporary bar facilities are provided below. The installation of the front folding window, internal repairs and the internal fit-out are works included in the G. Lucas Constructions invoice.

A white building in a grassy area

AI-generated content may be incorrect.

A room with a table and benches

AI-generated content may be incorrect.

A room with a sink and a window

AI-generated content may be incorrect.

A further matter for consideration is ownership. As it stands BVSC has purchased and owns the temporary facilities, but as BVSC has not paid for the materials and fit out installation BVSC does not own the installed building fit-out. The initial intention was that BVSC would own the temporary canteen building to have on hand for use at other sites when other projects require temporary canteen facilities.

Options

· Option 1. Upon receiving the information requested relating to scope and directions to undertake works council delegate authority to the Chief Executive Officer to approve payment of the invoice from G. Lucas Constructions. This will resolve the matter and BVSC will own the temporary facilities. This is the preferred option.

· Option 2: Council pays the invoice from G. Lucas Constructions based on the information provided to date. This will resolve the matter and BVSC will own the temporary facilities.

· Option 3: Council does not pay the invoice. This will see the matter unresolved, and ownership will be unclear.

· Option 4: Council transfer ownership of the demountable building to the Bega Roosters, with the understanding being that they will sell the building and use the funds to pay the outstanding invoice for the work they engaged.

Risks related which each of these options are discussed below.

Community and Stakeholder Engagement

An overview of interactions with the Bega Roosters and G. Lucas Constructions has been provided above.

Engagement undertaken

No public engagement has been undertaken in relation to this report.

Engagement planned

It is intended that an overview of the circumstances and outcome will be provided to the next S355 General Sportsgrounds Committee meeting. Purchasing guidelines are included in sportsground site committee volunteer induction information, however the overview will be provided in an effort to further mange the risk of similar circumstances happening in the future.

Financial and Resource Considerations

Item	$ Excl GST
Expenditure Detail
Purchase demountable buildings	$7,500
Electrical works	$3,510
Building Fit out (subject of this report)	$17,272
Total Expenditure	$28,282

Source of Funds
Temporary canteen cost estimate (Portion of insurance payout)	$30,000
Total income available	* total income = $30,000

Legal /Policy

The purpose BVSC Procedure 6.08.03 Simple Quotes up to $50,000 is to establish a transparent, accountable, and auditable process for purchasing goods and services below the threshold of $50,000 (inc. GST). This ensures all transactions adhere to relevant policies and guidelines while maintaining a practical and flexible approach. The procedure requires receiving three written quotes prior to works commencing.

In circumstances where project requirements are unique a single source procurement can be undertaken with the approval of the CEO. In this instance there has been no information provided identifying the project requirements are unique, and noting there had not been a competitive quote process it is difficult to determine if the invoice amount represents fair value for money. Based on the information provided staff have been unable process the invoice.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

The adopted 2025 – 2029 BVSC Delivery Plan Includes the following core business items:

· Property & Legal Services - Implement compliance and governance practices in Council to minimise risk in procurement and contract management

· Parks & Recreation - Coordinate with community groups, committees and volunteers to oversee the management and maintenance of community sporting facilities, Landcare and parkland volunteer sites

The intention of both above items is to demonstrate the importance of applying consistency across expenditure of BVSC funding and working with a wide variety of community groups in the Bega Valley.

Environment and Climate Change

There are no environmental impacts associated with the report

Economic

There are no economic factors associated with this report.

Risk

There is not a contractual or financial risk. The current circumstances and options present the following reputational risks to Council.

Option1: Reputational Risk. Upon receiving the information requested relating to scope and directions to undertake works council delegate authority to the Chief Executive Officer to approve payment of the invoice from G. Lucas Constructions. This will resolve the matter and take some measures to manage reputational risk related to retrospective application of BVSC procurement procedures. This option best manages identified risks.

Option 2: Financial Risk. Council pays the invoice from G. Lucas Constructions. In effect this option is not consistent with BVSC Procurement procedures as has been discussed above. There is a financial risk that BVSC does not follow its procedures and a perception that if an invoice is sent into Council, it will eventually be paid.

Option 3: Reputational Risk. Council does not pay the invoice. This will see the matter unresolved, and ownership will be unclear. There is a reputational risk in the matter being unresolved and potential that, even though BVSC did not commission the work, our reputation of being a good client will be damaged.

Option 4: Reputational Risk. Council transfer ownership of the demountable building to the Bega Roosters Rugby League Club, with the understanding being that they will sell the building and use the funds to pay the outstanding invoice for the work they engaged. There is a reputational risk that BVSC has simply deferred the problem back to the Bega Roosters to arrange to pay G. Lucas constructions for the works.

Social / Cultural

Sporting facilities are an important social and cultural part of life in the Bega Valley. Council is understanding of the value of sporting facilities to the community with one example of this being the significant investment being made into the new Bega Sporting complex building.

Attachments

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

Council 23 July 2025

Item 9.2

9.2. Bega Valley Local Traffic Committee June 2025

This report provides the recommendations of the Local Traffic Committee (LTC) meeting held on 3 June 2025.

Director Infrastructure

Officer’s Recommendation

That Council adopt the recommendations of the Bega Valley LTC meeting held on 3 June 2025 as outlined below:

1. The Quad Crown ORCA- Mountain Bike Race – Friday 12 September - Sunday 14 September 2025

a. That the proposed arrangements for Stage One Event, Saturday 13 September 2025 to be deemed class 2 special event, involving sections of roads westbound lane of Bega St closed from east of Tathra Hotel carpark entry west to Bega St closure. Contraflow in place between upper Bega St & Bega St west of Tathra Hotel carpark entry. That lower section of Bega Street is closed east of East Lane which is to be conducted under an approved and current Traffic Guidance Scheme, in accordance with the SafeWork NSW Guidelines and Transport for NSW (TfNSW) Traffic Control Guidelines.

b. That the proposed arrangement for Stage One Event, Saturday 13 September 2025 to be deemed class 2 special event involving road crossing east of Killarney Road and the crossing of Tathra Road is to be conducted under an approved and current Traffic Guidance Scheme, in accordance with the SafeWork NSW Guidelines and TfNSW Traffic Control Guidelines.

c. That the proposed arrangement for Stage One Event, Saturday 13 September 2025 to be deemed class 2 special event involving heading north on Kianinny Street for riders turning left into Kianinny Street is it be conducted under an approved and current Traffic Guidance Scheme, in accordance with the SafeWork NSW Guidelines and TfNSW Traffic Control Guidelines.

d. That the proposed arrangement for Stage One Event, Saturday 13 September 2025 to be deemed class 2 special event involving heading south on Davidson Street for riders turning right into Bay Street from Kianinny Street. Traffic on Panamuna Rd and Yuppara Street to give way to riders as per road rules. All to be conducted under an approved and current Traffic Guidance Scheme, in accordance with the SafeWork NSW Guidelines and TfNSW Traffic Control Guidelines.

e. That the proposed arrangements for Stage Two Event, Sunday 14 September 2025 to be deemed class 2 special events, involving the closure of Imlay Street between Chandos Street and Mitchell Street, from 8.00am to 9.00am, then riders will turn left and travel west up Princes Highway with controlled escort vehicles, until they reach Bimmil Street and cross the Princes Highway (A1) which is to be conducted under an approved and current Traffic Guidance Scheme, in accordance with the SafeWork NSW guidelines and TfNSW Traffic Control Guidelines.

f. That the proposed arrangement for Stage Two Event, Sunday 14 September 2025 to be deemed class 2 special events, upon completion of a 35km loop of Gravity MBT that riders (under traffic management) access and cross Princes Highway (opposite Ireland Timms Lane) is to be conducted under an approved and current Traffic Guidance Scheme, in accordance with the SafeWork NSW guidelines and TfNSW Traffic Control Guidelines.

g. That the proposed arrangements for Stage Two Event, Sunday 14 September 2025 to be deemed class 2 special events, involving the closure of Chandos Street (west side) and Imlay Street between Chandos Street and Bass Street for the final sprint, from 12.00pm to 2.00pm, which is to be conducted under an approved and current Traffic Guidance Scheme, in accordance with the SafeWork NSW Guidelines and TfNSW Traffic Control Guidelines.

h. That persons involved in the preparation and implementation of the Traffic Guidance Scheme must hold the appropriate Safework NSW and TfNSW Accreditation.

i. That all of the above routes, have the suitable number of “Event in Progress” signage placed in all appropriate locations.

j. That the organiser applies for a Road Occupancy Licence from TfNSW.

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

l. That organisers have approved public liability insurance of at least $20 million indemnifying Bega Valley Shire Council, NSW Police and TfNSW noted as interested parties for the event.

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

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

o. That the event achieves all conditions of Council’s Use of Public Land approval.

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

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

2. Coast to Kosci Ultramarathon Event – Friday 14 November – Sunday 16 November 2025

a. That the proposed arrangements involving public roads and footpaths contained in road reserves be deemed a Class 2 special event and it be conducted under an approved and current Traffic Control Plan, in accordance with the TfNSW Traffic Guidance Scheme (TGS).

b. That the proposed arrangements involving road crossings be supervised in accordance with the current SafeWork NSW and TfNSW guidelines.

c. The event organisers liaise with local road authorities regarding the availability and safe use of the proposed routes.

d. Subject to approval of site specific TGS plans that the above event organises their own accredited traffic control staff, in accordance with SafeWork NSW and TfNSW guidelines, to implement and manage the relevant TGS.

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

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

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

h. That event organisers apply to TfNSW for a Road Occupancy Licence (ROL) for the use of a State Road.

i. That the event organiser monitors the “Live traffic website” approximately 4 weeks prior to their event to ensure there are no road closures, other events, or road works to prevent this event from taking place.

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

k. That the event achieves all conditions of Council’s issued Approval for Use of Public Land.

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

3. Installation of No Stopping signage – Bullara Street Pambula

That, Council approve the following:

Install a left arrow No Stopping sign (R5-400) 35 metres towards the west of Bullara Street from the intersection of Bullara/Quondolo Street, Pambula, in line with the existing No Stopping sign on the opposite lane.

4. Newtown Road, Bega – Request for truck turning signage into Water treatment Plant

That Council approve the following:

a. Installation of Truck Entering signs (W5-22) 80m from the entrance in both directions of the Water Treatment Facility.

b. Installation of No Right Turn sign (R2-6(R)) and Vehicles Under 10m Long Excepted signage (R9-225n) at the entrance for vehicles travelling north on Newtown Road.

c. Installation of No Left Turn (R2-6(L)) and vehicles under 6m Long Excepted signage (R9-225n) at the exit of the Water Treatment Facility.

5. Sight Distance Design – Beach Street and Main St, Merimbula

That, Council approve the following:

The relocation of the existing No Stopping sign eastward adjacent to the driveway of 22 Main Street such that the two car spaces nearest the corner of Beach and Main Street be removed for improved sight lines and safety.

Executive Summary

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

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

Background

The following submissions for Council action were received at the LTC meeting held 3 June 2025

The Quad Crown ORCA- Mountain Bike Race – Friday 12 September - Sunday 14 September 2025

Council have received a submission from Quad Events Pty Ltd for The Quad Crown, The Orca Mountain Bike Race event commencing on Friday 12 September 2025 to Sunday 14 September for a two-stage event in and around Tathra and Eden.

This event involves a weekend mountain bike stage race.

Friday 12 September 2025:

1.00pm registrations at Gravity Mountain Bike Trail Eden

3.00-5.00pm Prologue ride 8-10km time trial event, Eden Nullica State Forest.

5.00-7.00pm Dinner – Hotel Australasia, Eden

Saturday 13th September 2025:

8.00am registrations at Tathra Hotel, Tathra

9.00-11.30am Stage one – Tathra to Bournda National Park, Bundanung Trail

12.00 noon – Rider’s function and presentation – Tathra Hotel, Tathra

Sunday 14th September 2025:

8.00am registrations at Hotel Australasia, Eden

9.00-12.00pm Stage two – Eden Nullica State Forest.

1.00pm Final presentation and social function – Hotel Australasia, Eden.

A copy of the submission is attached and marked QUAD application 2025.

Coast to Kosci Ultramarathon Event – Friday 14 – Sunday 16 November 2025

A submission has been received from Ultra Marketing Pty Ltd and The Summit Track to hold the Coast to Kosci ultramarathon commencing Friday, 14 November 5.30am at Twofold Bay (just south of Eden) and finish at 3.30pm on Sunday 16 November at Charlottes Pass via Mount Kosciuszko National Park.

The following is anticipation of travel times:

This event is limited to 65 pre-qualified runners and is continuous running with no stops and an overall cut-off time of 46 hours. The event, Coast to Kosci, is held in the highest regard amongst the running community, both nationally and internationally.

A copy of the submission is attached and marked Coast to Kosci application 2025.

Installation of No Stopping signage – Bullara Street Pambula

A request was received from TfNSW for the installation of No Stopping signage for the following reasons:

· Trucks parking on the southern kerb opposite the Idlewild Motel at Pambula, close to the intersection of Quondolo St (Princes Hwy).

· Trucks are primarily Woolworths trucks and users are staying in the motel overnight.

Trucks are parking legally but the distance from the intersection of the Hwy is causing heavy vehicles travelling south bound (towards Eden) difficulty in turning.

An image of the intersection is attached and marked No Stopping signage Bullara Street Pambula.

Newtown Road, Bega – Request for truck turning signage into Water Treatment Plant

The driveway at 312 Newtown Road is access for the Bega water treatment plant with 2-4 light vehicle entries per day and approximately 1 heavy vehicle per month for chemical deliveries.

The alignment of the driveway is not suitable for long vehicle access due to the turning path. This is currently managed through the construction TMP and communication with delivery drivers.

The proposed change is to install truck turning signage at the entrance as per the attached independent signage plan, communication with delivery companies will also continue.

A copy of the design is attached and marked: Bega Water Treatment Plant signage – Final.

Sight Distance Design – Beach Street and Main St, Merimbula

This issue was bought back to LTC for further investigation and the recommendations were agreed by the LTC as per above. The discussion was as follows:

BVSC Transport and Drainage Engineer sent out community consultation letters to roughly 80 residences in Main Street and Beach Street vicinity, which included the Merimbula Public School. BVSC received only responses in favour of timed No Stopping. Councillor Nadin requested that only one car space be lost and no time restrictions be added. This was further discussed in the LTC, and it was advised that the reasoning behind losing two car spaces was as follows:

• The space closest to the corner of Beach and Main Street impacts sight lines at 30kph & 50kph

• The space next to that is also impacted @ 50kph

• If these spaces are utilised more than 80%, there needs to be an extension of the 10m rule.

• Time restriction of final space to be 8.00am – 5.00pm

Councillor Porter, TfNSW and NSW Police argued that if there is a hazard identified, then there is a hazard 24 hours per day/7 days per week not just between 8.00am – 5.00pm.

The preferred option was to modify the original recommendation for No Stopping 8.00am-5.00pm to untimed No Stopping 24 hours a day for the two identified spaces. The revised recommendation was put to vote and there were no objections received.

BVSC representative will organise letters to be sent to respondents of the community consultation and Merimbula Primary School of the outcome.

A copy of the site distance design is attached and marked Sight distance design – Beach Street and Main Street, Merimbula.

Options

1. Accept the recommendations provided by the Local Traffic Committee and resolve accordingly.

2. Reject the recommendations provided by the Local Traffic Committee and resolve accordingly.

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

Community and Stakeholder Engagement

Engagement undertaken

Sight Distance Design – Beach Street and Main St, Merimbula

Council sent out over 80 letters to local residents surrounding the area in question, including the Merimbula Public School, advising them of the proposed restriction of two spaces to No Stopping 9.00am-5.00pm nearest the corner of Beach and Main Street. Three respondents came back in agreeance with the decision. Council will write to the respondents advising them of the agreed decision made through the LTC and the reasoning behind it.Engagement planned

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

Financial and Resource Considerations

There are no additional financial and resource considerations associated with this report from the above special events. Changing of sign facings at the 2 locations within Merimbula and Pambula can be funded through annual allocations for signage maintenance.

The signage required for the Water Treatment Plant will be funded through the project.

Legal /Policy

The legal and policy issues have been addressed through the application of conditions to manage public safety and traffic hazards via the LTC delegation from TfNSW.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

The recommendations are in line with our road and reserve management policies. The inherent risks associated with the events are mitigated by adherence to the agreed Traffic Guidance Schemes and the stipulations made by the LTC.

Environment and Climate Change

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

Economic

There are a number of positive economic implications associated with this report through increased local consumption of goods and services from increased visitation associated with the 2 proposed special events.

Risk

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

Social / Cultural

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

Attachments

1 ⇩. QUAD Application 2025

2 ⇩. Coast to Kosci Application 2025

3 ⇩. No stopping signage- Bullara Street Pambula

4 ⇩. Bega Water Treatment Plant Signage - Final

5 ⇩. Sight distance design - Beach Street and Main Street, Merimbula

Council 23 July 2025

Item 9.3

9.3. ANZAC Day Traffic Management

To assist all RSL sub-branches in preparation for ANZAC Day events planning, this report details the Bega Valley Shire Council position in relation to traffic management and procedures for ANZAC Day (special events) Marches and Services from 2026 onwards.

Director Infrastructure

Officer’s Recommendation

1. That it is the responsibility of the RSL sub-branches to:

a. Engage a suitably qualified provider to prepare a Traffic Guidance Scheme (TGS) for the event.

b. Submit all special event paperwork and TGS to the Local Traffic Committee (LTC) within the defined timeframes.

c. Source the necessary signage and appropriately licenced volunteers required to implement their TGS.

2. That it is the responsibility of the LTC to:

a. Review all ANZAC Day special event submissions and provide feedback on TGS for the event and ensure all necessary TGS arrangements are reflected on Transport for NSW (TfNSW) Live Traffic.

b. Report to Council all ANZAC Day special event March and Service submissions and final TGS provided by the RSL sub-branches by March each calendar year.

3. That authority is delegated to the Director Infrastructure to inform the RSL sub-branches of Council’s decision in writing including that:

a. From 2026 onwards, all ANZAC Day special event submissions including TGS are to be provided to the LTC no later than the last Friday in January each calendar year.

Executive Summary

Councillors were recently provided with a memo explaining the need to standardise councils approach to the various ANZAC Marches and Services across the shire and recommendations from staff on how to approach this.

This report highlights the need for a consistent procedure and timely approach in the planning and preparation of ANZAC Day (special events) marches and services and provides recommendations to clearly define council’s position and procedure in relation to these events including traffic management arrangements. This will ensure RSL sub-branches proceed with annually reviewed and approved TGS for these events that are compliant and fit for purpose relating to individual locations, needs and resources.

Background

Historically BVSC have provided compliant and site specific TGS at nil cost to RSL sub-branches and additionally provided appropriate signage if requested, subject to availability. While tacit agreements have been in place there is no official documented process or consistent procedure relating to traffic management for ANZAC Day marches and services which has led to confusion particularly when individuals who have carried out the organisation of these events for many years hand over to others.

Following much discussion in recent years, new TGS documents meeting current standards were supplied for the 2024 events, however in some instances organisers chose to use alternate unapproved documents for several reasons, that may have been in breach of traffic legislation and increased risk to the community.

BVSC has traditionally assisted where possible to provide a compliant TGS to sub-branches. The feedback received from some organisers was that the council supplied versions were problematic in terms of signage and adherence to all relevant TGS arrangements considering each location has its own site-specific needs, resources, and the individual sub-branch capacity to implement the TGS.

BVSC staff cannot influence these events and decisions made on the day and it is the LTC consensus is that this creates liability risk for both the sub-branches, council and the community at large, in addition to the wasted time and council resources spent on preparation of TGS that are not utilised, also noting that BVSC has limited qualified staff to undertake this work.

Currently, one smaller sub-branch prepares their own TGS through an accredited traffic management company. This has been a successful approach that maintains compliance and ensures the TGS is fit for purpose for the event locations requirements and specific arrangements.

From previous meetings between sub-branches, BVSC and NSW RSL, all sub-branches were offered training and licencing for those who required it to assist.

A memo was provided to Councillors on 3 June 2025, outlining the above position and seeking feedback or comment. The preferred position is now presented to Council for resolution.

Options

The LTC recommendation is broadly that Council endorses a streamlined process with clear roles and responsibilities that then allows adequate time to effectively plan for this special event.

1. That Council endorses the recommendations above. This will allow for a consistent process across all sub-branches that defines BVSC’s position, roles and responsibilities and eliminates the risk of noncompliance and liability to sub-branches and council. This this the recommended option.

2. Maintain the current position. This would require council to reallocate resources away from design priorities and reassign to preparation of TGS. BVSC will be unable to monitor if sub-branches source the necessary signage and appropriately licenced volunteers required to implement their TGS and or control non-approved or unsanctioned out of date TGS. This option is not recommended.

Community and Stakeholder Engagement

On 6 September 2024, Council staff requested a meeting with RSL NSW to discuss Bega Valley Shire ANZAC Day ceremonies, preparation for the events and TGS. RSL NSW State Secretary responded that they have provided training and licencing for those who require it in their sub-branches so that the local ANZAC Day services can be delivered safely and within the expectations of the community.

One of the smaller sub-branches is currently doing their own TGS through an accredited traffic management company.

Councillors have been informally engaged annually on this subject in various discussions which culminated in a memo being provided to Councillors on 3 June 2025, outlining the above position and seeking feedback or comment.

Engagement undertaken

Previous engagement has been undertaken which resulted in RSL NSW providing training and licencing for those who require it in their sub sub-branches.

We note that Bega RSL sub-branch members have generally been dissatisfied with the level of support provided by council over the years citing full support of other jurisdictions across the state for events.

Engagement planned

Subject to the outcome of this report, it is proposed that council staff meet with sub-branches to determine ways that BVSC can support such as:

· Assist in the call out for volunteers for traffic management duties

· Increased focus on promotion of ANZAC day events

· Assist approaching accredited traffic management companies to negotiate special rates for sub-branches for TGS, ANZAC Day traffic management arrangements

Financial and Resource Considerations

The financial costs of this report relate primarily to the RSL paying for the service that they currently have for free from Council who have been providing in kind support by way of TGS preparation and loan of signage.Legal /Policy

The Council must refer all traffic related matters to the LTC prior to exercising its delegated functions. Matters related to State Roads or functions that have not been delegated to the elected Council must be referred directly to the RTA or relevant organisation. Such matters must not be referred to the LTC. However, the RTA will generally seek the views of the Council on State Road traffic issues via the informal items process.

A Council is not bound by the advice of its LTC.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

There is no strategic alignment associated with this report.

Environment and Climate Change

Economic

ANZAC Day attendance is significant across the Shire. Council staff encourage advocacy with RSL NSW to provide increased event support to sub-branches. It is also noted that BVSC has a higher number of separate localised events in comparison to other Local Government Areas.

Risk

In previous years, not only did council provide TGS for sub-branches, but also signage for those that needed it.

There is a reputational risk to council by removing the in-kind service it has previously provided. While it is ultimately up to the event organisers to manage the risks, mismanaged or poorly managed events could reflect badly on Council.

Social / Cultural

Promotion of ANZAC Day Marches and Services to support attendance and community participation is a high priority and further engagement with council’s media team and sub-branches is proposed to discuss how this opportunity can be maximised.

Attachments

Nil

Council 23 July 2025

Item 9.4

9.4. Wolumla Flood Study final findings

The final report findings and recommendations of the Wolumla Flood Study are presented for Council’s consideration.

Director Infrastructure

Officer’s Recommendation

1. That Council endorses the findings and recommendations of the Wolumla Flood Study (Attachment 1) as best available flood information and interim measures for use in developing any subsequent floodplain risk management study and plan; and for future strategic land-use planning, infrastructure asset planning and emergency response planning.

2. That the final Wolumla Flood Study be published on Council’s website and provided to Council’s Local Emergency Management Committee (LEMC) for information.

Executive Summary

The finalised Wolumla Flood Study will provide the best available flood information on flood behaviour in the Wolumla Creek catchment and its tributaries of Frog’s Hollow Creek and Greendale Creek. It will form the key technical document for the subsequent Floodplain Risk Management Study and Plan (FRMSP). The finalised flood study findings will allow for improved strategic land-use planning, infrastructure asset planning and emergency response planning.

Background

Following acceptance of grant funding, Council engaged consulting firm Rhelm Pty. Ltd. to undertake a flood study and FRMSP for the Wolumla Creek catchment and its tributaries of Frog’s Hollow Creek and Greendale Creek.

On 16 April 2025, Council resolved to place the draft findings and recommendations of the Wolumla Flood Study on public exhibition for a period of not less than 28 days.

The flood study is the initial stage in the development of a comprehensive FRMSP for the catchment, in accordance with the NSW Floodplain Risk Management Manual, June 2023.

Council has taken the initiative to carry out the flood study to assist with planning and management of risk to the community from flooding with the assistance of grant funding from the NSW Floodplain Management Grant Program as administered by Department of Climate Change, Energy, the Environment and Water (DCCEEW).

The final flood study has now been completed and is ready for Council’s consideration for endorsement following the public exhibition period.

Options

The options before Council are to:

1. Adopt the findings and recommendations of the final Wolumla Flood Study as amended following exhibition as the best available flood information for the catchment. This is the recommended option.

2. Wait until such time that a FRMSP is in place before defining the flood planning level for the Wolumla Creek catchment and its tributaries. This approach is not recommended as the flood study contains the best available information on which decisions can be made in the interim.

Community and Stakeholder Engagement

Community consultation regarding flood study outcomes and findings are a requirement of the NSW Government’s Flood Prone Land Policy and its Floodplain Risk Management Manual, June 2023.

Engagement undertaken

Community engagement occurred through a variety of communication channels including a media release, a project website, 2 social media posts, project meetings, community information sessions, public exhibition, technical working group meetings and flood/coastal committee meetings. One article was published in the Bega Valley Together newsletter. Chapter 3 of the flood study report details the engagement and consultation activities undertaken.

Consultation with local residents within the catchment was completed using a community flood questionnaire provided online, door knocking and through community drop-in sessions. Consultation with relevant State agency stakeholders also occurred during the initial consultation period, during technical working group meetings and the public exhibition period. Additional consultation occurred via the Bega Valley Shire Coastal Planning and Flood Management Committee meetings in which the community, State agencies and Council are represented.

Public exhibition of the draft flood study occurred for more than 4 weeks between 11 April 2025 and 18 May 2025. During this period an online survey and questionnaire was hosted on Council’s Have Your Say webpage where 2 responses were received. A community information session held on 6 May at Wolumla Public School Library was attended by 8 residents. The content of submissions and responses can be found in Appendix A of the flood study (Attachment 1).

During the exhibition period, there were 149 views of the media release on Council’s webpage, 73 views of Council’s Have Your Say page for the draft flood study and 19 clicks on the newsletter article link. Each Facebook post achieved a reach of more than 1,000 people on April 22 and 29 2025.

The community feedback was used to understand and validate flood behaviour within the catchment and finalise any findings that may have resulted in minor amendments to the final documents for consideration. Proponents to the online survey were advised by email correspondence that their submission was considered in the finalisation of the flood study findings.

The changes made to the draft Wolumla Flood Study following consideration of the submissions were:

· Following comments made at the community drop-in session on 6 May 2025 regarding consideration of high-water table during submissions, an analysis was undertaken via simulation by reducing rainfall losses for a 1% Annual Exceedance Probability event and Figure RF-99-07 was added to the map compendium highlighting the results and effect.

· Section 3.5.1.1 Drop-in Information session of the Flood Study report was updated to catalogue the discussion and outcome.

All details regarding the public exhibition activities and resolution are presented in section 3.5 of the final Flood Study report.

Engagement planned

The remaining engagement activities planned to follow the adoption of the final flood study will be published with the report documents on Council’s website and to make the report available to the LEMC and the State Emergency Service (SES) for their use in improving emergency management operations. In addition, the full report and associated documents will inform internal stakeholders for use in strategic land-use planning, infrastructure asset planning and emergency response planning.

Financial and Resource Considerations

The flood study and FRMSP project was partially subsidised by a floodplain risk management program grant of $172,630 (ex. GST) from the NSW Government Floodplain Management grant program, with Council providing a matching co-contribution of $64,690 (ex. GST). Floodplain risk management grants under the program are subsidised at a maximum rate of two State dollars per Council dollar. Council’s co-contribution was funded from Stormwater Operating expenses that covered the minimum obligations as per the grant funding deed.

Staff and financial resources have already been expended in delivering the Wolumla Flood Study and FRMSP project. Other resources required were meeting room facilities whenever any technical working groups or Coastal Planning and Flood Management Committee meetings were convened during the process of completing the flood study part of the project.

Item	$ Excl GST
Expenditure Detail
RFQ 2223-094 Wolumla Flood Study and Floodplain Management Plan	$172,630
Approved Provisional items (if required)	$12,060
Total Expenditure	$184,690
Source of Funds
Stormwater Operating expenses (co-contribution)	$64,690
DCCEEW Floodplain Risk Management Grant	$120,000
Total income available	$184,690
Total Project Capital Cost	Not applicable
Total Available Construction Funding	Not applicable
Project Funding Shortfall	*Nil*

Financial Option Impacts | Life Cycle Costing

Ongoing Financial Impacts	$ Excl GST
Annual maintenance and operational costs	Nil – operational project
User charges (annual income) – stormwater levy	$319,945

Legal /Policy

The NSW Government’s Floodplain Risk Management Manual, June 2023 has been prepared in accordance with the NSW Government’s Flood Prone Land Policy. It guides Councils in the development and implementation of detailed local floodplain risk management plans to produce robust and effective floodplain risk management outcomes. The Manual applies to floodplains across NSW, in both urban and rural areas.

In accordance with section 733 of the Local Government Act 1993, Councils receive indemnity against liability for floodplain risk management decisions in urban and rural areas in NSW were guided by the NSW Government’s Floodplain Risk Management Manual, June 2023.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

The completed flood study report forms a key technical input document for the completion of the future FRMSP project stage. The completed flood study allows Council to identify the existing flood risk, hydraulic and provisional hazard categories within the Wolumla Creek catchment and its tributaries of Frog’s Hollow Creek and Greendale Creek. The future FRMSP will quantify options to manage the identified flood risks and provisional hazards within the flood study report. Strategic responses for land-use planning, asset planning, emergency response planning, environmental, social and economic impact management can then be formulated to address any existing, future and continuing flood risk as part of the FRMSP.

Council’s adoption of the final study report findings and recommendations partially completes the initial stage of the Delivery Plan item D1.2.1 Continue Wolumla Flood Study and Floodplain Risk Management Plan.

Environment and Climate Change

Environmental concerns such as climate change, including sea level rise, have been addressed in the final flood study, in accordance with current NSW Government guidelines and requirements for flood study projects. Other environmental concerns are usually addressed in the subsequent FRMSP following community consultation.

Economic

Any future FRMSP is a multi-disciplinary process that balances differing factors to generate recommendations for an appropriate mix of management measures to deal with the different types of flood risk. Some typical factors considered during the management study phase are the flood behaviour, danger and damage, community costs of flooding, future land-use, a comprehensive range of flood risk management measures, environmental needs of the river and floodplains and environmental and cultural impacts of management measures. Cost-benefit ratios of differing identified risk mitigation options from community consultation are developed during a subsequent floodplain risk management study phase for inclusion in a floodplain management plan for the catchment. The identified floodplain risk management strategies are aimed at managing and mitigating flood risk where possible to reduce the economic impact on the community. These options are developed from the information contained within the final endorsed flood study report.

Risk

The finalised flood study allows Council to quantify the existing flood risk within the Wolumla Creek catchment and its tributaries of Frog’s Hollow Creek and Greendale Creek. The information will allow Council to manage its obligations under the NSW Government’s Flood Prone Land Policy.

The completed flood study identifies the hydraulic categories (floodway, flood storage or flood fringe) and the provisional hazard categories (high hazard or low hazard) for flood prone land within these two catchments.

The information will be useful to emergency response agencies for planning evacuation and logistics. The information will also be useful to Council for future planning and protection of public infrastructure; the control and assessment of development and mitigating the community costs of flood events.

Social / Cultural

Floodplains are the commercial, social and environmental arteries of the State. Transport and communication infrastructure are often located in floodplains which, generally as the more fertile areas, are a base for a significant proportion of the State’s agricultural business. Regular flooding enhances agricultural productivity by increasing soil moisture, recharging groundwater and depositing fertile silt across the floodplain. However, flooding can also interfere with production, communication, transport, emergency management and agricultural practices. Therefore, development and management of floodplains needs to consider a broad range of issues, including balancing the benefits of occupying the floodplain against the costs.

The final flood study findings will form the basis of the future FRMSP project stage that incorporates the management of social, cultural and economic impacts.

The information derived from the final study findings will allow improved community resilience to flood related disasters as the findings will inform future emergency management, strategic land-use and asset infrastructure planning operations.

Attachments

1 ⇩. Final Wolumla flood study report for adoption

2 ⇩. Final Wolumla flood study map compendium for adoption

Council 23 July 2025

Item 9.5

9.5. Request for Tender (RFT) 2425-029 Design, finalise and construct Desert Creek Road Bridge, Numbugga

This report outlines the evaluation of the Request for Tender (RFT) 2425-029 Design, finalise and construct Desert Creek Road Bridge, Numbugga.

Director Infrastructure

Officer’s Recommendation

1. That Council accept the recommendation outlined in the attached confidential memo.

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

Executive Summary

This report details the outcome of the evaluation of Request for Tender RFT 2425-029. The project broadly includes:

1. To perform restoration, drainage works and removal of vegetation at Desert Creek Road to reinstate the assets back to pre-event condition or modern-day compliant equivalent after multiple natural disaster events.

2. Stormwater infrastructure improvements including installation of a reinforced and cast in-situ concrete bridge plus associated drainage works.

The Request for Tender (RFT) was advertised on 13 February 2025 via VendorPanel Marketplace. The request was released as an open tender with submissions closing on 13 March 2025. Nine submissions were received. One of the nine was not conforming and assessed accordingly. A guide price for design and delivery was nominated within the project brief and specification document, uploaded as part of the Vendorpanel request. This was provided for market guidance on the expected scale of works to avoid over-engineered or unrealistic submissions which would fall outside of the available budget.

The results of the detailed evaluation of each tender submission are consolidated in the confidential memorandum.

The project is funded through the Disaster Recovery Funding Arrangements (DRFA) and has had a specific budget allocated.

Background

Following the November 2023 flood event, the subject crossing on Desert Creek Road was washed away and Council subsequently undertook emergency repair works to construct a temporary rubble crossing. Council is now proposing to construct a new bridge structure to replace the existing temporary rubble crossing. These works are being funded by NSW State Government through DRFA, with work required to be completed by June 2027.

Works would require the removal of the existing temporary crossing; embankment rock scour protection works and installation of a reinforced and cast in-situ concrete bridge. A temporary rock crossing will be placed during construction to maintain access to residents to the north of the creek crossing.

Options

1. Proceed with award to the highest scoring tenderer. This option allows commencement of works to align with tender program which meets the DRFA funding deadline and objectives, but optimum project outcomes may not be achieved, and it exceeds allocated budget. This is not the preferred option.

2. Reject all tenders and invite fresh tenders. This may increase the likelihood of extended delivery timelines, or increased supply costs but would still meet the funding objectives and likely the funding deadline. A temporary side track has been installed maintaining existing access to the local community in the interim to allow fresh tenders. This is the preferred option.

Community and Stakeholder Engagement

Engagement undertaken

A review of Environmental Factors (REF) was completed, and further community engagement will be planned based on the findings and recommendations within this REF when the construction phase commences.

The community will be notified about the proposed road closures via a media release from the Council’s communications team as well as Live Traffic NSW updates and signage placed onsite.

Transport for New South Wales (TfNSW) have been involved in the damage assessment, design development and funding application. TfNSW will continue to be involved in all future stages of this project.

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

Engagement planned

The community will be notified via a media release from the Council’s communications team when a contract is issued for these works. The media release will detail the expected construction programme and impacts including the anticipated timeframe for road closure. The community will continue to be informed of road closures and eventual reopening via a media release from the Council’s communications team as well as Live Traffic NSW updates and signage placed onsite.

Financial and Resource Considerations

Item	$ Excl GST
Expenditure Detail
Desert Creek Road Bridge, Numbugga – Contract Cost	Refer Confidential Attachment
Desert Creek Road Bridge, Numbugga – Maximum Provisional Items	Refer Confidential Attachment
Total Expenditure	Refer Confidential Attachment
Source of Funds
DRFA Funding (TfNSW)	Refer Confidential Attachment
Total income available	Refer Confidential Attachment
Total Project Capital Cost	Refer Confidential Attachment
Total Available Construction Funding	Refer Confidential Attachment
Project Funding Surplus	Refer Confidential Attachment

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

Legal /Policy

The tender process was undertaken in accordance with Section 55 of the Local Government Act 1993, part 7 of the Local Government (General) Regulation 2021 and Section 171 of the Local Government Regulations.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

Completion of the works will achieve alignment with Council’s following strategic objectives:

Community Strategic Plan: D. - Our infrastructure complements our natural surroundings and character while enhancing the lives of our community.

Strategic Objectives are - Our public and private infrastructure and community services meet community needs.

D.2. Provide infrastructure and services to meet the needs of residents in our towns, villages and rural areas.

Delivery Program:

Delivery Program: D2.4 – Construct (upgrade or renewal) civil assets/ infrastructure.

Environment and Climate Change

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

A bridge will be installed within an area identified as Key Fish Habitat and as such a permit has already been obtained from The Department of Primary Industries – Fisheries which will enable us to complete this work with minimum impact on fish within the area.

Economic

Improvements to the design of this project will reduce Council’s ongoing maintenance costs associated with this road and improve access to local residence.

Risk

Accepting this Tender will allow council to complete this work while funding via DRFA is available. Delaying the project may result in the funding expiring on 30 June 2027 before the work is complete.

Social / Cultural

Restoration of the road to its intended operational conditions will improve the immediate local community using Desert Creek Road allowing access to services in other areas within the Shire.

Attachments

1. Confidential memorandum to Councillors RFT 2425-029- Design, finalise and construct Deser Creek Road Bridge, Numbugga (Confidential - As this attachment contains commercial information of a confidential nature that would, if disclosed (i) prejudice the commercial position of the person who supplied it; or (ii) confer a commercial advantage on a competitor of the Council; or (iii) reveal a trade secret as per Section 10A(2)(d) of the Local Government Act 1993.

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

Council 23 July 2025

Item 9.6

9.6. Request for Tender (RFT) 2425-106 - Sewer Jetting Services 2025-2027

This report outlines the evaluation process for RFT 2425-106 – Sewer Jetting Services and recommends award of the tender.

Director Infrastructure

Officer’s Recommendation

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

2. That Council accept the schedule of rates tender from (xxxx) in relation to contract for the works described in Tender RFT 2425-106 for a period of two years, for the ceiling amount of $xxx (excluding GST), subject to variations.

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

4. That authority be delegated to the CEO to execute all necessary documentation and approve contract variations up to the allocated budget.

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

Executive Summary

Water and Sewerage Services (WaSS) have requested a qualified contractor to perform sewer jetting services within the sewerage network for two years. This work is necessary to comply with the Environmental Protection Agency Pollution Reduction Program (PRP100), maintain the network's operational reliability, and accurately assess the system's condition. This will allow Council to optimise budget expenditure for repairs and renewals, protecting both the environment and community.

The contract will be based on a schedule of rates, with no obligation for a lump sum amount. Any expenditure will adhere to the submitted unit rates, in compliance with the budget ceiling amount.

Background

The original contract for jetting services was awarded under RFQ 2021-37, which covered jetting services only.

When the contract approached its renewal period, a new tender process (RFT 2324-086) was initiated. This tender combined jetting and CCTV services, the latter of which had previously been provided internally by Bega Valley Shire Council (BVSC) WaSS. The intent behind this combined tender was to explore potential cost savings through outsourcing both services.

However, as outlined in the Council Report dated 19 February 2025, the combined outsourcing approach was determined to be not financially viable. As a result:

· CCTV services were retained in-house with BVSC

· A new tender (RFT 2425-106) was issued specifically for jetting services only

Options

Staff have considered the options presented below:

1. Award the contract to one of the tenderers to complete the contract for sewer jetting services (Recommended)

This option will continue to provide Council with the most cost-effective method and ensure reliable, compliant and economical operation of the BVSC sewer network. This option is also low risk as Council has been successfully managing sewer jetting and CCTV services in this manner for the past 10 years. The current process has proven to be effective and reliable in maintaining the sewer network. By committing to jetting program, Council will ensure the continued delivery of high-quality services and maintain the efficiency of its operations.

2. Do nothing (Not Recommended)

Council has a responsibility as the local water utility for the operation and maintenance of the sewage network systems to meet health and environmental regulatory requirements. By doing nothing, Council would have no method to complete jetting services across the sewer network. This would lead to significant risks such as an increased likelihood of sewerage spills caused by blockages, non-compliance with regulatory standards, and a shortened lifespan of critical infrastructure.

Community and Stakeholder Engagement

Stakeholder Group	Internal/External	Level of Engagement
Water and Sewer Services – Assets Water and Sewer Services – Maintenance Water and Sewer Services – Network Operations Water and Sewer Services – Treatment Operations	Internal Internal Internal Internal	Involve Involve Inform Nil. (No impact)
Environmental Protect Agency	External	Involve
General Public	External	Inform

Engagement undertaken

Internal stakeholders, as outlined above, were actively involved in the development and review of the Jetting and CCTV Program. Their input was critical in defining the operational requirements necessary to ensure the ongoing reliability and performance of the sewer network.

Following internal consultation, the program was submitted to the Environmental Protection Authority (EPA) for review. The EPA assessed the proposed approach and subsequently granted approval, confirming that the program meets the necessary environmental and operational standards.

Engagement planned

Before and during the execution of the jetting and CCTV works, the general public in the affected areas will be notified through media posts. Additionally, residents will receive letters informing them about any disruptive activities once the specific dates are determined.

Financial and Resource Considerations

This project will be funded from BVSC sewer fund from multiple operational work orders.

Item	$ Excl GST
Expenditure Detail
Contract value	Refer to confidential memorandum
Total Expenditure	Refer to confidential memorandum
Source of Funds
<approved budget\|revenue funded>
<grant income\|name of grant>
<reserve funds\|name of reserve
Total income available	Refer to confidential memorandum
	Refer to confidential memorandum
Total Project Capital Cost	Refer to confidential memorandum
Total Available Construction Funding	Refer to confidential memorandum
Project Funding Shortfall	Refer to confidential memorandum

Financial Option Impacts | Life Cycle Costing

Ongoing Financial Impacts	$ Excl GST
Capital Investment \| Renewal, Upgrade, New
Annual maintenance and operational costs	Refer to confidential memorandum
Depreciation costs
User charges (annual income)

Legal /Policy

The tender process complied with Section 55 of the Local Government Act 1993, part 7 of the Local Government (General) Regulation 2021 and Section 171 of the Local Government Regulations

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

Maintaining this existing service is related to the following actions and/or activities contained within Council’s Delivery Plan 2025 - 2029 and Operational Plan 2024-25 respectively:

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

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

Environment and Climate Change

The recommendation to accept the tender will enable BVSC to complete the Sewer Network Jetting & CCTV inspection program is required under the EPA PRP100 and BVSC Strategic plan. This minimises the risk of sewer spillage to the environment, which would endanger both land and marine environments.

Economic

Selecting the appropriate service provider under a clear and concise contract is critical to ensuring that services are delivered to the required standard and within the available budget. The recommended tender response under RFT 2425-106 meets the current operational budget allocation, providing both value for money and operational assurance.

Risk

Proceeding with the selected tender significantly reduces the risk of not completing the jetting operations mandated by EPA PRP100 and the Council's Strategic Plan, as the services offered in the tender align with the allocated budget.

Conversely, if Council chooses not to award the tender, it will be unable to complete the full program, resulting in:

· A significant increase in the risk of sewage spills into the environment.

· Non-compliance with regulatory obligations.

· Potential environmental harm, reputational damage, and financial penalties.

Awarding the tender is therefore essential to protect public health, safeguard the environment, and fulfil Council’s statutory responsibilities.

Social / Cultural

The Sewer Jetting Services Program provides substantial advantages to both the residents of the Bega Valley and the natural environment. By preventing blockages that can cause sewer overflows, the program:

· Protects public health and environmental quality.

· Extends the service life of the sewer network through proactive maintenance.

· Reduces the need for costly capital works, thereby delivering long-term financial savings.

Attachments

1. Confidential Memorandum RFT 2425-106 sewer jetting (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.

1. Confidential Memorandum RFT 2425-106 Sewer Jetting Services 2025-2027 (Confidential - As this attachment contains commercial information of a confidential nature that would, if disclosed (i) prejudice the commercial position of the person who supplied it; or (ii) confer a commercial advantage on a competitor of the Council; or (iii) reveal a trade secret as per Section 10A(2)(d) of the Local Government Act 1993.

Council 23 July 2025

Item 9.7

9.7. Request for Tender (RFT) 2425-108 George Brown Oval Pavilion Upgrade

This report provides an overview of the public tender process of Request for Tender (RFT) 2425-108 George Brown Oval Pavilion upgrade and makes a recommendation for Council’s consideration.

Director Infrastructure

Officer’s Recommendation

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

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

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

4. That variations and amendments be managed under the existing Council financial delegations.

5. That any project budget amendments be included in future quarterly budget reports.

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

Executive Summary

Council has progressed the George Brown Oval Pavilion upgrade project to the tender stage. The tender response has seen all submissions received exceed the available project budget. To see the project remains viable and deliverable, it is recommended that Council enter into direct negotiations with the preferred tenderer identified in the procurement process (refer to confidential memo) to refine the project scope and inclusions, with the aim of achieving a construction contract within the project budget. A solution which would allow the project to continue was identified by the successful tenderer as a cost minimisation suggestion in their RFT response, and this would be investigated as part of the negotiations. Concurrently, Council will continue to pursue additional funding options to deliver project outcomes as required. Any project budget amendments if required will be managed and reported to council in future quarterly budget reviews.

This report also seeks delegated authority for the Chief Executive Officer to execute all necessary documentation to progress the project, subject to successful negotiations with the preferred contractor. All tenderers will be formally advised of Council’s decision.

Background

The George Brown Oval Pavilion upgrade is aimed at modernising the changeroom facilities at the oval. The upgrade will deliver contemporary, female-friendly amenities, improved accessibility, and roof structure improvements to address water damage issues. The project also includes the construction of a new equipment storage shed to compensate for lost internal storage space.

Previous Decisions of Council

On 16 April 2025, Council endorsed the concept design for the pavilion upgrade and delegated authority to the Chief Executive Officer to make minor amendments as required. This followed the completion of a Review of Environmental Factors (REF), which confirmed the project’s compliance with relevant planning and environmental legislation.

Tender Process Overview

The Request for Tender (RFT 2425-108) was issued on 17 April 2025 via VendorPanel, with a closing date of 22 May 2025. A mandatory site briefing was held on 14 May 2025. The tender sought qualified commercial entities to deliver the works under a lump sum contract, with evaluation based on both price (60%) and non-price criteria (40%), including:

· Construction methodology and program

· Support for local outcomes and Indigenous participation

· Relevant experience and references

· WHS, quality, and environmental management systems

The Tender Evaluation Panel assessed submissions in accordance with the approved Tender Evaluation Plan. Despite identifying a preferred tenderer, all submissions were over budget.

Options

Option 1: Reject all tenders and negotiate with the preferred tenderer. Council would reject all tenders under Clause 178 of the Local Government (General) Regulation 2021 and enter into direct negotiations with the preferred tenderer to refine scope and pricing.

Advantages:

· Maintains project momentum and continuity.

· Opportunity to retain design intent while achieving cost savings.

· Builds on existing tender evaluation and due diligence.

· May allow for quicker resolution and contract execution.

Disadvantages:

· Limited market competition in negotiation phase.

· Risk that negotiations may not result in acceptable pricing.

· Requires careful management to ensure probity and transparency.

This is the recommended approach as it presents the best outcome for council and will meet project deadlines and scoped requirements of the project funding deeds post an effectively managed negotiation process.

Option 2: Reject all tenders, revise scope, and re-tender. Council would reject all current tenders and undertake a redesign or scope reduction of the project. A revised tender would then be issued to the market.

Advantages:

· Potential to reduce project costs through scope refinement.

· Opportunity to re-engage the market with clearer budget alignment.

· May attract new tenderers or more competitive pricing.

Disadvantages:

· Significant delays to project delivery due to redesign and re-tendering.

· Additional costs associated with redesign and procurement.

· Risk of similar pricing outcomes if market conditions remain unchanged.

· Potential loss of momentum and community confidence.

This is not the recommended approach due to timeline risks and waste of resources.

Option 3. Accept original scope and allocate additional funding: Council would accept the most competitive tender as evaluated and allocate additional funding to meet the budget shortfall.

Advantages:

· Fastest path to project commencement.

· Retains full scope and design intent without compromise.

· Demonstrates strong commitment to community infrastructure.

Disadvantages:

· Significant financial impact on Council’s budget.

· May reduce capacity to fund other priority projects.

· Potential community concern over cost escalation.

Council has not allocated additional funding to this project. Allocation of additional funding will require reducing funds to other projects or programs.

Community and Stakeholder Engagement

Engagement has been undertaken with the Eden Tigers Rugby League Football Club (ETRLFC) throughout the design process. This has informed the design and therefore the scope of the works that has been determined. There is a firm agreement from the stakeholders on the changeroom design. Council staff will advise the club of the outcome of the procurement process.

Council staff had a mandatory tender briefing with the contractors for this tender and this has already established a refined scope that has provided council with a clear and concise establishment of the expected constructable design with many requests for information (RFIs) completed throughout this process enabling a fair and equitable tender process.

Engagement undertaken

Meetings with the stakeholders, engineers and design consultants have been undertaken to determine the functional brief for the concept design as presented to councillors on the 16 April 2025, which council endorsed.

Engagement planned

Staff will continue engagement with the stakeholder group regarding scope changes to see works within the project budget.

Financial and Resource Considerations

Item	$ Excl GST
Expenditure Detail
Actual expenses to date	$21,211
Construction and project costs	Refer to attached confidential memo
Total Expenditure	See confidential memo

Source of Funds
Council contribution (budgeted contribution to secure grant)	$200,000
Investing in Our Communities Program Grant (Australian Govt)	$250,000
Club Grants (Office of Liquor and Gaming Govt grant)	$200,000
Eden Tigers RLFC Contribution	$5000
Total income available	* total income = total project cost
	$655,000
Total Project Capital Cost	Refer to attached confidential memo
Total Available Construction Funding	$633,789
Project Funding Shortfall	Refer to attached confidential memo

Financial Option Impacts | Life Cycle Costing

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

Legal /Policy

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

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

2025/26 Operational Plan: Plan, manage, maintain and construct boating infrastructure, sporting grounds and facilities, parks and gardens, playgrounds, skateparks, natural area assets and public amenities

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

Environment and Climate Change

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

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

Economic

The project will have the following economic benefits:

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

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

Risk

· Reputational: Key stakeholder engagement has taken place since project inception and will continue through design and construction.

· Timeline: The timeframe in the funding deeds is considered manageable. Completion of the procurement process will see the timeframes remain on track at this stage .

· Financial: The tendered prices are above the current project budget. Value management can occur through negotiation prior to finalising a contract. Staff are confident this can be achieved while meeting key deliverables of the funding deeds.

Social / Cultural

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

Attachments

1. Confidential memorandum RFT 2425-108 George Brown Pavilion upgrade (Confidential - As this attachment contains commercial information of a confidential nature that would, if disclosed (i) prejudice the commercial position of the person who supplied it; or (ii) confer a commercial advantage on a competitor of the Council; or (iii) reveal a trade secret as per Section 10A(2)(d) of the Local Government Act 1993.

Council 23 July 2025

Item 9.8

9.8. Aircraft parking fee

This report seeks a correction to the adopted 2025-26 Fees and Charges for aircraft parking at Merimbula Airport.

Director Infrastructure

Officer’s Recommendation

That Council:

1. Endorses the proposed revision to the 2025-26 Fees and Charges for public exhibition in accordance with Section 610F of the Local Government Act 1993 (NSW).

2. Places the revised Fees and Charges on public exhibition for a period of not less than 28 days, inviting public submissions during this time.

3. Notes that if no submissions are received during the exhibition period, the revised Fees and Charges will be deemed adopted and will take effect from 21 August 2025.

4. Receives a further report for consideration should any submissions be received during the exhibition period.

Executive Summary

In the adopted 2025-26 Fees and Charges an administrative oversight resulted in the unit column for the fee for Aircraft parked less than 7 days remaining blank (it should have included Per Day) making the application of this fee unclear. This report seeks to correct the error and provide clarity.

Background

Council adopted the 2025-26 Fees and Charges at the 23 June 2025 Council meeting. Council officers had reviewed aircraft parking fees and added into the Fees and Charges a fee for aircraft parked less than 7 days with a $7.50 charge, with the intention that this fee be charged per day. The only reason for differentiating between aircraft parked for less than 7 days and aircraft parked for longer than 7 days was that previously there was no charge for aircraft parked less than 7 days. Council officers included this amendment to align with fees applied at other regional airports and to recover costs associated with aircraft parked at the airport.

The proposed amendment to the 2025-26 Fees and Charges provides clarity and includes in the unit column “Per Day”. The proposed amendment also includes wording that outlines that this fee will not be applied to aircraft parked within designated licensed areas attached to leases for hangars.

Adopted 2024-25 Fees and Charges

Adopted 2025-26 Fees and Charges

Proposed Amendments to adopted 2025-26 Fees and Charges

Options

Option 1: Amend the fee as outlined to provide clarity in application of the fee. Recommended.

Option 2: Not amend the fee and collect revenue for aircraft parking based on the adopted 2025-26 Fees and Charges. This would see aircraft parked less then 7 days charged $7.50 in total and then from the 7^th day a fee of $7.50 per day would apply. This introduces additional administrative complexity to calculating the applicable fees to invoice.

Community and Stakeholder Engagement

Engagement undertaken

Council had exhibited the adopted 2025-26 Fees and Charges for 28 days prior to adoption. No feedback on the amendment to aircraft parking charges was received during this exhibition period.

Council’s airport operations contractor has been consulted and is supporting of the proposed daily aircraft parking fee arrangement.

Engagement planned

Council will exhibit the revised 2025-26 Fees and Charges for 28 days and should no submissions be received the revised 2025-26 Fees and Charges will be adopted at the conclusion of the 28 day period on 21 August. Should any submissions be received during the exhibition period a further report for consideration will be provided to Councillors.

Financial and Resource Considerations

The estimated revenue increase from the correct application of this fee is expected to be approximately $1,500 per annum, assuming that an additional 200 days parking fees are collected. The amount received may significantly exceed this figure, depending on the level of airport usage and number of annual permits. Whilst this amount is modest revenue generation from airport users is important to contribute towards the ongoing operation, maintenance and capital upgrades that are required to keep Merimbula Airport functional.

Councils contracted airport operator provides data on aircraft parking location and duration to Council that is then used to invoice aircraft owners for relevant charges.

It is noted that the aircraft parking fee applies to itinerant aircraft. Commercial and non-commercial operators can pay an annual or monthly rate and this covers the cost of their parking. Itinerant aircraft will be charged the per visit fee (landing fee) and then daily parking rates as per the amendment suggested in this report.

Legal /Policy

Council, as the operator of Merimbula Airport, has several legal and policy obligations that guide its management and development of the facility. These obligations are shaped by federal aviation regulations, state planning laws, and local strategic frameworks. Council also has an adopted Merimbula Airport Master Plan 2043 that sets out a long-term vision for the airport to be functional, safe, efficient, and responsive to regional needs. The masterplan includes staged development aligned with legislative and economic drivers. Councils’ capacity to deliver upon the masterplan is limited by financial considerations and it is appropriate that Council seeks to collect revenue from those who benefit from using this asset.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

The operation of Merimbula Airport is a key deliverable under the Community Strategic Plan 2042 and the Delivery Plan 2022-25.

Delivery Plan Action- D8.1 - Ongoing management and operation of Merimbula Airport in accordance with aviation legislation

Environment and Climate Change

There are negligible environment and climate change impacts associated with the recommendation in this report.

Economic

Council has a pricing policy that is considered in the development of its Fees and Charges.

This proposed amendment to the Fees and Charges corrects an inadvertent omission of the words “Per Day” in the Fees and Charges document adopted by Council at its meeting on 23 June 2025 and seeks to clarify the intent that aircraft parking in licenced areas attached to leases for hangars will not be charged parking fees.

The proposed change outlined in this report will have modest implications for users of the airport who park their private aircraft at the airport. This approach is seeking to partially cost recover the use of the asset from those who directly benefit from its existence.

Risk

If Council does not charge an aircraft parking fee from day 1 of the aircraft being parked there is a reduction in Council’s income from aircraft parking fees. This income could otherwise support airport maintenance and development. Without appropriate aircraft parking fees, the cost of maintaining airport infrastructure is borne entirely by ratepayers or other funding sources. Shortage of revenue from users may lead to underfunding of other essential airport maintenance or capital works.

The current aircraft parking structure may encourage long-term or inappropriate use of available space at the airport, impacting operations at the airport. Without an appropriate parking fee structure, it may be harder to enforce time limits or manage congestion and user safety.

Social / Cultural

The social and cultural implications of this report and the sought amendment to the 2025-26 Fees and Charges is minimal.

Attachments

Nil

Council 23 July 2025

Item 10.1

10.1. Local Government NSW Cost Shifting Report

Local Government NSW’s latest cost shifting report highlights that cost shifting to NSW councils cost $1.5 billion in 2023-24, which is the equivalent of more than $490 per ratepayer annually.

Director Organisational Services

Officer’s Recommendation

1. Council note the findings of the Local Government NSW (LGNSW) Cost Shifting report for the 2023-2024 financial year; and

2. A copy of the cost shifting report be placed on Council’s website so that our communities can access it; and

3. Council writes to the Premier, the NSW Treasurer and the NSW Minister for Local Government seeking that they urgently address these costs through a combination of regulatory reform and appropriate funding.

Executive Summary

Councils across NSW are now absorbing $1.5 billion in cost shifting from State and Federal governments each year according to a new report commissioned by Local Government NSW (LGNSW).

Cost Shifting 2025: How State Costs Eat Council Rates was prepared by independent consultants Morrison Low. It reveals the $1.5 billion burden on councils is an increase of approximately $140 million (10 per cent) since the last report for the 2021-22 financial year, when the total cost shift was estimated at $1.36 billion.

Cost shifting occurs when State and Federal governments force councils to assume responsibility for infrastructure, services and regulatory functions without providing sufficient supporting funding. This results in ratepayers funding services that were previously provided for by State and Federal governments.

This report is provided to Council to note; however it is becoming increasingly important that ratepayers understand the implications of ongoing decisions by the State and Federal governments to shift costs to councils.

Every ratepayer contributes to Federal and State tax revenue through taxes like stamp duty, payroll tax, GST, income tax and vehicle registration. Through Federal and State budget processes this revenue is allocated to the services those levels of government provide. When a decision is made, often without consultation with councils and the communities they represent, for a service previously delivered by another level of government to shift to councils, it means ratepayers will be asked to cover the cost or tolerate lower levels of service.

Background

The pressure on councils to maintain services of appropriate standard that meet the needs of our communities has reached unprecedented levels.

The latest research commissioned by Local Government NSW (LGNSW) shows that the increase in cost shifting has continued unabated by various State and Federal Government policies.

The cost shifting report, produced by independent consultants Morrison Low for the 2023-24 financial year, reveals that $1.5 billion of expense has been imposed on councils. On average, this also now represents an inflated cost of $497.40 for each ratepayer, an increase of $36.72 from 2021-22. It is unfair to our communities that such a large portion of their rates are being diverted away from local priorities.

The cost shifting report is available online at www.lgnsw.org.au/costshifting and is also attached to this report.

Some of the specific cost shifting examples that have been in place for many years impacting Bega Valley Shire ratepayers include payment of the emergency services levy and depreciation of rural fire service assets without any control or influence, funding shortfall in libraries, payment of mandatory pensioner concessions, development assessment and regulatory functions, and the large amount of forced rate-exemptions for non-rateable properties and land across our shire.

More recent examples where the State Government has implemented a policy change that shifts costs and responsibility to Councils include the Cemeteries Levy hastily introduced just prior to the start of last financial year, the Dam Safety Levy which increases Councils operational costs to manage these assets and the costs Councils will need to wear for proposed changes to the Emergency Services Levy which will require land categorisation reviews.

Options

Option 1. Support the recommendations as outlined.

Option 2. Amend the recommendations and direct staff on actions to be completed.

Community and Stakeholder Engagement

Engagement undertaken

In compiling the cost shifting report Councils across NSW are provided the opportunity to contribute to a cost shifting survey. The survey data collected underpins the financial estimates of the impact of cost shifting included in the cot-shifting report Morrison Low has compiled.

Engagement planned

At present the dialogue on this issue has largely been centred around Council’s financial sustainability and how other levels of Government are unfairly forcing costs and service provision onto Councils. There is often the rhetoric from State and Federal governments and some ratepayers of Councils ‘crying poor’. For Councils to gain traction on this issue the dialogue needs to shift and voting ratepayers need to be asking why their state and federal taxes are not being redirected to their local community and why their rates paid to local councils for local services are being stretched even further to cover services pushed down to the lowest level of government who have limited means, aside from advocacy, to push back when changes are implemented.

Financial and Resource Considerations

There are negligible financial and resource constraints in receiving this report and publishing the report to Council’s website and writing to relevant Ministers.

There are significant financial and resource implications for Council if cost shifting continues at and there are no changes by either level of government to acknowledge and resolve this issue.

The financial implications of some of the more significant cost shifts include:

· Forced rate exemptions: Where councils are required to exempt profit-driven State-owned corporations and other organisations from paying rates, even though they use and benefit from local government services and infrastructure. In 2023-24 Government owned property exemptions not including National Parks and State Forests was $326,622. Non-government owned property exemptions were $482,018.

· Emergency services obligations: Including the requirement that councils fund 11.7 per cent of the NSW Government’s Emergency Services Levy cost and instructing councils they must include Rural Fire Service red fleet assets in their depreciation schedules. In 2023-24 the Emergency Services Levy for Bega Valley Shire Council was $1,149,219

· Library funding: The NSW Government originally committed to funding up to 50 per cent of libraries’ cost for many councils. It now funds just 6 per cent of total costs, leaving councils to make up the shortfall.

Legal /Policy

Council has developed an Advocacy Approach and supporting the advocacy efforts of LGNSW to deliver sector wide change is fundamental to implementing our advocacy objectives.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

LGNSW is the peak body representing local councils across New South Wales. Its role is crucial in ensuring that local government remains strong, democratic, and responsive to community needs. Council continues to support the advocacy efforts of LGNSW and sees significant value in the cost shifting report and the quantifying of the cost that councils and ratepayers are facing with cost shifting from other levels of government.

Multiple inquiries into the financial sustainability of councils at both State and Federal levels over the past 18 months confirmed the severity of the situation. Bega Valley Shire Council made submissions to both inquiries. The November 2024 report of the NSW Parliamentary inquiry into the ability of councils to fund infrastructure and services called for the NSW Government to identify opportunities to reduce cost shifting to local government.

Council supports LGNSW advocacy that calls for genuine regulatory changes, proper budget support, and fair funding.

Environment and Climate Change

The are limited direct environment and climate change impacts connected with the recommendations in this report.

The financial sustainability of councils and its ability to be able to invest in climate adaptation is one of the many functions of councils that is impacted by ongoing cost shifting. The local government sector also lacks a comprehensive framework that characterises local government’s approaches to climate adaptation action. The Australian Local Government Association (ALGA) recently published Adapting Together: Local Government Leadership in a Changing Climate ALGA-Adapting-Together-Report-2025.pdf

As the executive summary of Adapting Together: Local Government Leadership in a Changing Climate outlines ‘Local governments face an inequitable delivery burden. Councils regularly act as a service provider of last resort, addressing market gaps and regulatory failures to ensure that community needs are met. Climate change impacts are likely to make this situation more severe. Stepping up to address unmet needs can blur the line with core local government duties and is not a long-term solution.

Direct investment by other levels of government is required if councils are to build their capacity and deliver comprehensive adaptation programs which meet their communities’ needs. Continued reliance on short-term and ad-hoc funding will not sustain Australian climate adaptation.’

Economic

The are limited direct economic impacts connected with the recommendations in this report.

Risk

Ongoing cost shifting from State and Federal governments to councils presents several significant risks including financial unsustainability with many councils, particularly those in regional and rural areas struggling to maintain balanced budgets and look after the assets they are responsible for and deliver the services their communities expect. Ultimately it forces councils to either increase rates or reduce services. General revenue funds that could be used for road repairs, libraries, recreation facilities and climate adaptation are instead diverted to cover state-imposed responsibilities.

Our communities experience delayed infrastructure projects, reduced community services and where rates are increased it contributes to cost-of-living pressures. Cost-shifting is often triggered by policy or political change and councils are forced to implement programs and regulations without having a say in their design or funding which only serves to undermine local decision-making and erodes public trust in local government.

Social / Cultural

The unrelenting growth of cost shifting to councils, coupled with rate pegging and insufficient state and federal funding, is increasingly eroding the possibility of financially sustainable local government and risking the capacity of councils to deliver the essential infrastructure and services required by their communities.

Attachments

1 ⇩. Local Government NSW Cost_Shifting_2025_summary_report

2 ⇩. LGNSW Cost Shifting Report 2025

Council 23 July 2025

Item 10.3

10.3. Cruise Eden Memorandum of Understanding

This report seeks authorisation to renew the Memorandum of Understanding with Eden Tourism and Port Authority NSW to support cruise visitation to the Port of Eden.

Director Organisational Services

Officer’s Recommendation

That Council delegate to the Chief Executive Officer authority to enter into a renewed Memorandum of Understanding with Eden Tourism and Port Authority NSW for the period 1 July 2025 to 30 June 2028.

Executive Summary

The Memorandum of Understanding (MOU) provides a framework for cooperation between Bega Valley Shire Council, Port Authority NSW and Eden Tourism Inc to support cruise visitation to the Port of Eden. This report and recommendation seek to renew MOU arrangements between the parties with the latest agreement expiring on 30 June 2025.

The attached proposed MOU details commitments by the three parties to support cruise visitation to the Port of Eden over the next three years to June 2028.

The MOU is presented to Council so it may be signed by a Council representative and subsequently executed by the other parties.

Background

Council has had a close working relationship with Port Authority NSW and Eden Tourism Inc for several years. An MOU between Council and Port Authority NSW has been in place since 2018. The most recent MOU, executed in January 2023, included Eden Tourism Inc as a third party recognising the central role that the voluntary organisation plays in supporting, promoting and coordinating Eden cruise activities, and its commitment to employ a Cruise Coordinator.

Eden Tourism Inc is a not-for-profit organisation with a volunteer board. Eden Tourism Inc manages the Eden Visitor Information Centre and the Cruise Eden brand and employs a Cruise Coordinator supported by funding from Council and Port Authority in accordance with the MOU.

Council registered the Cruise Eden business name in 2019. This was transferred to Eden Tourism Inc in February 2022. Council has continued to pay for Cruise Eden’s membership of the Australian Cruise Association ($2,394 in 2024-2025). Staff propose discontinuing paying this fee.

Under the previous MOU, Council provided $15,000 per annum (matched by Port Authority NSW) towards resourcing a Cruise Coordinator employed by Eden Tourism. This contribution has not previously been indexed.

The proposed new three-year MOU would commit Council and Port Authority to each providing a $20,000 annual contribution to Eden Tourism (indexed to the Consumer Price Index) towards resourcing a Cruise Coordinator employed by Eden Tourism. The coordinator’s responsibilities are detailed in the MOU and include management of stakeholder engagement, volunteer coordination, coordination of markets and Taste of Eden festivals.

The modest proposed increase in the contribution, and indexation over the life of the MOU recognises increased costs borne by Eden Tourism Inc.

The proposed MOU commits Council to sharing economic data, ensuring public toilets are serviced, waste is removed from Council managed bins as required, and facilitating the provision of temporary shuttle bus stop zones at key sites in the Eden township on ship days, if necessary.

The MOU also includes a commitment from all parties to work collaboratively to pursue avenues for resourcing the development of a strategic plan for Eden cruise. Detailed forward planning with adequate revenue sources is required to ensure the Eden cruise industry is sustainable and mitigates the risk of visitors having a poor-quality experience, that results in reduced return visitation and damaging the Cruise Eden brand.

Forty (40) cruise ships visited Eden in the 2023-2024 season, carrying 62,211 passengers, 46,406 of these disembarked to explore Eden and surrounds. Twenty-five (25) ships visited Eden in the 2024-2025 season carrying over 45,000 passengers; 35 ships are scheduled for 2025-2026 and 39 in 2026-2027.

Options

1. Proceed as recommended: Delegate to the Chief Executive Officer authority to enter into the MOU provided in Attachment 1. Recommended.

2. Vary the MOU: Delegate to the Chief Executive Officer authority to enter into a MOU that varies from that described in Attachment 1. Council would need to provide proposed alternative wording and further discussions with other parties would be required.

3. Not proceed: Not enter into a formal MOU arrangement with Eden Tourism and Port Authority NSW.

Community and Stakeholder Engagement

Engagement undertaken

The proposed MOU has been prepared in close consultation with Eden Tourism, Port Authority NSW and relevant Council staff.

All parties to the proposed MOU have been sitting on the Eden Cruise Wharf Community Consultative Committee, which met regularly until December 2024 and included community representatives from port businesses, maritime user groups, and residents. The Consultative Committee has wound up and been replaced by the Port of Eden Stakeholder Group, co-convened by Port Authority NSW and Transport for NSW. All parties to the MOU are involved with this new stakeholder group.

Council staff have advocated for alternative revenue sources to support Cruise Eden. This has included advocating for a portion of the site occupation charge Port Authority collects from visiting Cruise ships to be provided to Eden Tourism (currently $5.77 per passenger). Port Authority’s view is that such an allocation of this revenue would require amendments to the Ports and Maritime Administration Act 1995.

Council has written to the NSW Minister for Transport in April 2024 advocating for state government support for ongoing resourcing of the Cruise Coordinator and suggesting utilising the site occupation charge for this purpose. The Minister’s response was that ‘the NSW Government has no plans to introduce a per-passenger levy for cruise ship passengers arriving at NSW ports at this time’ and noted the NSW Government’s significant infrastructure investment in the port.

Council has advocated for state and federal support for resourcing cruise coordination to candidates in the 2023 state election and the upcoming federal election through our Funding our Future document (previously titled ‘Investment Prospectus’).

Council staff provided input into the Regional NSW Cruise Business Case developed by Destination Southern NSW in 2023. This document highlights the importance of cruise coordinator staff in regional cruise ports and has been used by Destination Southern NSW to advocate for funding to support cruise coordinators.

Engagement planned

If supported, once Council has signed the MOU the remaining parties to the MOU will be notified. Ongoing engagement between the parties will be undertaken as per MOU clause 14: Port Authority, Bega Valley Shire Council and Eden Tourism Inc are to meet regularly and, where relevant and appropriate, share information to promote Eden Cruise Tourism.

Financial and Resource Considerations

The proposed MOU commits Council to providing $20,000 per year, for three years, indexed to the Consumer Price Index (CPI), to Eden Tourism as a contribution to the employment of a Cruise Coordinator. Budget has been allocated for this purpose in Council’s Long Term Financial Plan, sourced from Council’s Airport and Tourism Special Rate Variation.

The proposed MOU commits Council staff to additional servicing of Council-managed public toilets and waste removal from Council-managed areas in Eden as required.

Item	$ Excl GST
Expenditure Detail
Contribution to Eden Tourism for Cruise Coordinator	(Annual increase of 3% CPI assumed)
2025-2026	$20,000
2026-2027	$20,600
2027-2028	$21,218
Total Expenditure	$61,818

Source of Funds
Airport and Tourism SRV
2025-2026	$20,000
2026-2027	$20,600
2027-2028	$21,218
Total income available	$61,818

Legal /Policy

An MOU itself is generally not a legally binding contract; however, clause 24 of the MOU notes that several clauses shall be legally binding. These clauses relate to limiting the liability of Council and Port Authority, use of intellectual property, confidentiality, relationship between parties, applicable law and execution.

Council would be committing to this MOU in good faith and understands the level of resourcing required to support the implementation of the MOU.

As per clause 21 of the MOU, the agreement can be terminated by any party by giving four weeks’ notice in writing.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

Community Strategic Plan

B.1. Support local business and industry to be resilient and successful.

B.2. Promote and support opportunities to Commerce diversify and grow our economy and provide local jobs.

B.5 Strengthen infrastructure and connectivity at Port of Eden, Merimbula Airport and through the East-West freight corridor.

Delivery Program | Service Summary | Corporate Planning and Improvement

· Develop and maintain collaborative partnerships with key stakeholders to support business and industry development

· Maintain relationships with Eden Tourism Inc and Port Authority NSW in accordance with Cruise MOU

Sapphire Coast Vision and Platform for Growth

Work closely with cruise tourism stakeholders to promote return visitation.

Support the development new experiences for cruise market.

Environment and Climate Change

Environmental issues associated with the cruise wharf operations have been considered through the State Significant Infrastructure approval process for the wharf.

Maintaining a close working relationship with Eden Tourism and Port Authority NSW enables Council to help shape the direction of the local cruise industry to improve environmental outcomes and minimise environmental impacts.

Resourcing the Cruise Coordinator supports management of onshore impacts.

The proposed MoU includes a commitment by all parties to pursue avenues for resourcing the development of a strategic plan for Eden cruise. Such a strategy would address environmental considerations.

Economic

Cruise visitation through the Port of Eden delivers significant economic benefits to Eden and the surrounding region. Cruise passengers and crew alighting in Eden bring considerable trade to local businesses and spend money on tours around and beyond Twofold Bay. By maintaining a close working relationship with Eden Tourism and Port Authority NSW and resourcing the Cruise Coordinator, through the proposed MOU, Council can support a strategic approach to maximising these economic benefits.

Risk

Without a coordinated approach to managing cruise visitation, the industry and community face the following risks:

· Visitors have poor quality experiences, reducing return visitation and damaging Cruise Eden brand.

· Visitors are not dispersed, resulting in overcrowding at key sites.

· Community is not engaged or consulted and support for the industry wanes.

· Opportunities for industry development are missed.

The proposed MOU mitigates these risks by ensuring collaboration between key parties, detailing clear commitments for delivery essential services, and resourcing the Cruise Coordinator.

Social / Cultural

Resourcing the Cruise Coordinator through the MOU supports Eden Tourism to engage with the community and manage social and cultural impacts of cruise visitation on the Eden community. Coordination of onshore cruise visitation creates opportunities for social and cultural activities and facilitates cultural tourism opportunities.

Attachments

1 ⇩. Proposed Memorandum of Understanding Port of Eden Cruise Promotion 2025-2029

Council 23 July 2025

Item 10.4

10.4. Adoption of Policy 6.23 - Payment of Expenses and Provision of Facilities to Councillors

Council must adopt an expenses and facilities policy that complies with sections 252 and 253 of the Local Government Act 1993 and the Office of Local Government’s (OLG) Guidelines for the payment of expenses and the provision of facilities for mayors and councillors in NSW.

Director Organisational Services

Officer’s Recommendation

1. That based on the adoption of council’s budget on 23 June 2025 Council receive and note the updates to Policy 6.23 Payment of Expenses and Provision of Facilities for Councillors and the policy be exhibited for a period of at least 28 days and that submissions be received for 42 days.

2. That a further report be presented to Council on any submissions received, or if no submissions are received, the exhibited policy be adopted and published on Council’s website.

Executive Summary

Councils are required to have a policy for payment of expenses and provision of facilities which must comply with sections 252 and 253 of the Local Government Act 1993 and the Office of Local Government’s (OLG) Guidelines for the payment of expenses and the provision of facilities for mayors and councillors in NSW.

These guidelines and the Local Government Act require that this policy is placed on exhibition for community consultation and comment prior to adoption by Council.

The operational budget for Councillor fees and expenses in financial year 2025/2026 (FY2026) is $435,297.

Background

This policy is required to be reviewed annually to ensure that it aligns with Council’s adopted budget for FY2026. Section 4.2.1. The draft document presented for exhibition includes the monetary limits in accordance with the adopted FY2026 financial year budget.

Options

The recommended policy meets the requirements of Sections 252 and 253 of the Local Government Act 1993 and the amounts included are aligned with the adopted FY2026 budget.

Council has options to amend the budget allocations for the payment of expenses and provision of facilities at any time through the financial year. Officers considered developing a methodology for a budget allocation for training and development courses per Councillor, however are recommending that previous budgets are maintained with indexation of 4% in FY2026.

Community and Stakeholder Engagement

Engagement undertaken

Community engagement was undertaken in developing the FY2026 annual budget, including councillor fees and expenses. This report confirms the value of the allocations for councillor expenses and provision of facilities in the budget.

Engagement planned

Once the Draft Policy 6.23 Payment of expenses and provision of facilities for Councillors has been received and noted by Council, it will be exhibited for a period of 28 days with an opportunity to receive public submissions for 42 days.

This report recommends that if no submissions are received, the policy be adopted. If submissions are received during the exhibition period, a further report will be brought to Council to reconsider the provisions of the policy.

Financial and Resource Considerations

Council will be placing on public exhibition with this policy the proposed policy with details of the FY2026 budget allocation amounts for payment of Councillor facilities and expenses as outlined in the table below.

Payment of Councillor fees are determined by the Local Government Remuneration Tribunal Determination with an upper and lower limit based on the size of the Council. A report was presented and adopted by Council on 23 June confirming the fees for Bega Valley Shire Councillors for FY2026 and informs this draft policy.

The proposed budget relating to Councillor expenses is below.

Expenditure Area	FY2026 Budget $ (exc. GST)
Mayoral Fee	50,922
Elected Members Fees	209,960
Elected Members Allowance	7,017
Superannuation Accumulation	30,146
Training & Development Courses	48,734
Materials Purchased	11,302
Stationery & Office Consumables	1,025
Travel and Accommodation Costs	17,078
Food & Catering Costs	25,068
Consultants	23,681
Lease and rental expenses	13,662
Plant Hire - Internal Usage	12,316

Legal /Policy

Councils must adopt an expenses and facilities procedure, which must comply with sections 252 and 253 of the Local Government Act 1993 and the Office of Local Government’s (OLG) Guidelines for the payment of expenses and the provision of facilities for mayors and councillors in NSW. This policy is based on the better practice Councillor Expenses and Facilities Policy template issued by OLG.

Sections 252 and 253 of the Local Government Act 1993 state:

252 Payment of expenses and provision of facilities

(1) Within the first 12 months of each term of a council, the council must adopt a policy concerning the payment of expenses incurred or to be incurred by, and the provision of facilities to, the mayor, the deputy mayor (if there is one) and the other councillors in relation to discharging the functions of civic office.

(2) The policy may provide for fees payable under this Division to be reduced by an amount representing the private benefit to the mayor or a councillor of a facility provided by the council to the mayor or councillor.

(3) A council must not pay any expenses incurred or to be incurred by, or provide any facilities to, the mayor, the deputy mayor (if there is one) or a councillor otherwise than in accordance with a policy under this section.

(4) A council may from time to time amend a policy under this section.

(5) A policy under this section must comply with the provisions of this Act, the regulations and any relevant guidelines issued under section 23A.

253 Requirements before policy concerning expenses and facilities can be adopted or amended

(1) A council must give public notice of its intention to adopt or amend a policy for the payment of expenses or provision of facilities allowing at least 28 days for the making of public submissions.

(2) Before adopting or amending the policy, the council must consider any submissions made within the time allowed for submissions and make any appropriate changes to the draft policy or amendment.

(3) Despite subsections (1) and (2), a council need not give public notice of a proposed amendment to its policy for the payment of expenses or provision of facilities if the council is of the opinion that the proposed amendment is not substantial.

(4) (Repealed)

(5) A council must comply with this section when proposing to adopt a policy in accordance with section 252(1) even if the council proposes to adopt a policy that is the same as its existing policy.

Further information can be found on the Office of Local Government Website: Councillor expenses and facilities

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

This report is provided in accordance with Delivery Program 2025-2029 core business activities of the governance service. This includes monitor and review Council’s policy and procedure framework and supports the organisation to meet requirements of the Local Government Act 1993 by coordinating the review, update and adoption of council policies.

Environment and Climate Change

There are no environmental or climate change considerations related to this report.

Economic

Adoption of a clearly defined policy on the payment and provision of facilities to Councillors aligns with Council’s adopted budget.

Risk

Council should review this policy on an annual basis and ensure it aligns with the adopted budget. Council’s Annual Report includes information on actual payments to Councillors in relation to payment of fees and provision of facilities.

Adoption of this Policy procedure ensures approval arrangements for all expenses and facilities within the allocated budget and that any payments outside of the provisions require prior approval at a full meeting of the Council.

Social / Cultural

The policy outlining the payments and provisions of expenses to Councillors advises the Councillors, potential councillor candidates and community about the financial and administrative assistance provided to Councillors while undertaking their role as an elected official.

Attachments

1 ⇩. DRAFT for Public Exhibition Policy 6.23 Payment of Expenses and Provision of Facilities to Councillors exhibited 23 July 2025

Council 23 July 2025

Item 10.5

10.5. Policy review (batch 2)

This report presents 15 Council policies that have been reviewed by relevant council officers in accordance with Section 165 of the Local Government Act 1993

Director Organisational Services

Officer’s Recommendation

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

a. 1.01 Community wellbeing

b. 1.08 Parks, Aquatics and Recreation

c. 3.02 Environmental management

d. 3.04 Biosecurity and weed management

e. 3.05 Environmental sustainability for council operations

f. 3.13 Trees and vegetation on council managed land in urban areas

g. 4.09 Families and children

h. 4.12 Environmental and public health

i. 4.14 Burning off in open spaces

j. 6.03 Risk management

k. 6.05 Work Health and Safety

l. 6.06 Financial management

m. 6.11 Information (records) management

n. 6.25 Social media

o. 6.26 Public interest disclosures

2. The policies listed above be exhibited for a minimum period of 28 days and that submissions be received for 42 days

3. That a further report be presented to Council if any submission is received that could change the scope, purpose, and intent of the draft policy.

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

5. Council reaffirms our commitment to upholding respectful, accurate, and inclusive communication across all platforms, including social media. Councillors will engage in a manner that reflects the principles of Council’s Code of Conduct, Social Media Policy (attached for public exhibition), and the Community Engagement Strategy and policy (adopted 16 April 2025). These policies demonstrate our obligations to ensuring integrity, transparency, and professionalism in all public commentary.

Executive Summary

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

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

This report presents 15 policies that have been reviewed and recommended to be placed on exhibition.

It is noted that Bega Valley Shire Council is committed to upholding respectful, accurate, and inclusive communication across all platforms, including social media. Councillors are expected to engage in a manner that reflects the principles of the Model Code of Conduct, the Social Media Policy, and the Community Engagement Strategy and policy, ensuring integrity, transparency, and professionalism in all public commentary.

Background

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

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

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

Council officers have reviewed the policies in consultation with relevant stakeholders. This report is being presented so Council can consider the reviewed documents listed below:

a. 1.01 Community wellbeing

b. 1.08 Parks, Aquatics and Recreation

c. 3.02 Environmental management

d. 3.04 Biosecurity and weed management

e. 3.05 Environmental sustainability for council operations

f. 3.13 Trees and vegetation on council managed land in urban areas

g. 4.09 Families and children

h. 4.12 Environmental and public health

i. 4.14 Burning off in open spaces

j. 6.03 Risk management

k. 6.05 Work Health and Safety

l. 6.06 Financial management

m. 6.11 Information (records) management

n. 6.25 Social media

o. 6.26 Public interest disclosures

Options

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

1. Adopt the draft policies with no changes

2. Adopt the draft policies with changes

3. Revoke the policy

Community and Stakeholder Engagement

Engagement undertaken

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

The Chief Executive Officer endorsed the review of the policies and presented the draft documents to Councillors at a workshop on 14 and 28 May 2025 respectively.

Engagement planned

If resolved by Council, the draft policies presented in this report will be placed on public exhibition for a period of 42 days. Members of the community will be invited to make submissions on the draft policies during the exhibition period which will commence on 24 June 2025.

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

Council will review the submissions received and may include them in the policy document. If a submission leads to major changes in the policy's scope, purpose, or intent, a further report will be made back to the council to approve the updated policy.

Financial and Resource Considerations

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

Legal /Policy

The review of the policies presented within this report is consistent with the requirements of Section 165 of the Local Government Act 1993, which states:

165 Amendment and revocation of local policy

(1) A council may amend a local policy adopted under this Part by means only of a local policy so adopted.

(2) An amending local policy may deal with the whole or part of the local policy amended.

(3) A council may at any time revoke a local policy adopted under this Part.

(4) A local policy (other than a local policy adopted since the last general election) is automatically revoked at the expiration of 12 months after the declaration of the poll for that election.

The review process ensures Council’s policies will be adopted within 12-months of the 2024 Local Government Election.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

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

· Effective and efficient

· Equitable and inclusive

· Responsive

· Transparent

· Financial sustainability

· Accountable

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

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

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

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

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

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

Environment and Climate Change

Council officers will consider the impacts of each policy relating to the environment and climate change, however, there are no negative impacts on the environment or climate change relating to the content of this report and its recommendations.

Economic

The review of individual policies will enable Council to consider the economic impacts of policy implementation. There are no economic risks relating to the task of reviewing policies or the recommendations of this report.

Risk

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

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

Social / Cultural

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

Attachments

1 ⇩. DRAFT for Public Exhibition Policy 1.01 Community Wellbeing exhibited 23 July 2025

2 ⇩. DRAFT for Public Exhibition Policy 1.08 Parks Aquatics and Recreation exhibited 23 July 2025

3 ⇩. DRAFT for Public Exhibition Policy 3.02 Environmental Management exhibited 23 July 2025

4 ⇩. DRAFT for Public Exhibition Policy 3.04 Biosecurity and Weed Management exhibited 23 July 2025

5 ⇩. DRAFT for Public Exhibition Policy 3.05 Environmental Sustainability for Council Operations exhibited 23 July 2025

6 ⇩. DRAFT for Public Exhibition Policy 3.13 Trees and vegetation on Council managed public land in urban areas exhibited 23 July 2025

7 ⇩. DRAFT for Public Exhibition Policy 4.09 Families and Children exhibited 23 July 2025

8 ⇩. DRAFT for Public Exhibition Policy 4.12 Environmental and Public Health exhibited 23 July 2025

9 ⇩. DRAFT for Public Exhibition Policy 4.14 Burning Off in Open Areas exhibited 23 July 2025

10 ⇩. DRAFT for Public Exhibition Policy 6.03 Risk Management exhibited 23 July 2025

11 ⇩. DRAFT for Public Exhibition Policy 6.05 Work Health and Safety exhibited 23 July 2025

12 ⇩. DRAFT for Public Exhibition Policy 6.06 Financial Management exhibited 23 July 2025

13 ⇩. DRAFT for Public Exhibition Policy 6.11 Information (Records) Management exhibited 23 July 2025

14 ⇩. DRAFT for Public Exhibition Policy 6.25 Social Media exhibited 23 July 2025

15 ⇩. DRAFT for Public Exhibition Policy 6.26 Public Interest Disclosures exhibited 23 July 2025

Council 23 July 2025

Item 10.6

10.6. Policy review (batch 3)

This report presents 13 Council policies that have been reviewed by relevant council officers in accordance with Section 165 of the Local Government Act 1993

Director Organisational Services

Officer’s Recommendation

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

a. 1.02 Inclusive communities

b. 1.03 Arts and culture

c. 1.04 Volunteering

d. 1.09 Community grants program

e. 3.01 Development administration

f. 3.06 Pesticide use

g. 3.07 Climate change

h. 3.14 Flood and sea level rise

i. 4.02 On-site sewerage management

j. 4.11 Planning agreements

k. 4.13 Heritage works of a minor nature

l. 6.10 Communication

m. 6.18 Fraud and corruption prevention

2. The policies listed above be exhibited for a minimum period of 28 days and that submissions be received for 42 days.

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

4. That Policy 6.14 Use of Council Seal be revoked noting the provisions of this policy are included in Council’s Procedure 6.01.07 Use of Council Seal that will be a procedure under Policy 6.01 Governance

5. Note that draft Policy 6.01 Governance currently on exhibition will be amended prior to finalisation to include reference to Procedure 6.01.07 Use of Council Seal

6. That a further report be presented to Council if any submission is received that could change the scope, purpose, and intent of the draft policy.

Executive Summary

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

As part of this review, it is recommended that Policy 6.14 Use of Council Seal be revoked and replaced with Procedure 6.01.07 Use of Council Seal under Policy 6.01 Governance.

This report presents 13 policies that have been reviewed and recommended to be placed on exhibition.

Background

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

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

Council officers have reviewed the policies in consultation with relevant stakeholders. This report is being presented so Council can consider the reviewed documents listed below and place them on public exhibition:

· 1.02 Inclusive communities

· 1.03 Arts and culture

· 1.04 Volunteering

· 1.09 Community grants program

· 3.01 Development administration

· 3.06 Pesticide use

· 3.07 Climate change

· 3.14 Flood and sea level rise

· 4.02 On-site sewerage management

· 4.11 Planning agreements

· 4.13 Heritage works of a minor nature

· 6.10 Communication

· 6.18 Fraud and corruption prevention

Options

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

1. Adopt the draft policies with no changes

2. Adopt the draft policies with changes

3. Revoke the policy

Community and Stakeholder Engagement

Engagement undertaken

The Chief Executive Officer endorsed the review of the policies and presented the proposed draft documents to Councillor workshops on 4 and 18 June 2025 respectively.

Engagement planned

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

Council will review and consider submissions received. If a submission leads to major changes in the policy's scope, purpose, or intent, a further report will be made back to the council to approve the updated policy.

Financial and Resource Considerations

Review of Council’s policies is a core function of the governance service, and administration of the review is within Council’s approved budget for each directorate.

Legal /Policy

The review of the policies presented within this report is consistent with the requirements of Section 165 of the Local Government Act 1993, which states:

165 Amendment and revocation of local policy

(1) A council may amend a local policy adopted under this Part by means only of a local policy so adopted.

(2) An amending local policy may deal with the whole or part of the local policy amended.

(3) A council may at any time revoke a local policy adopted under this Part.

(4) A local policy (other than a local policy adopted since the last general election) is automatically revoked at the expiration of 12 months after the declaration of the poll for that election.

The review process ensures Council’s policies will be adopted within 12-months of the 2024 Local Government Election.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

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

· Effective and efficient

· Equitable and inclusive

· Responsive

· Transparent

· Financial sustainability

· Accountable

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

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

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

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

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

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

Environment and Climate Change

Economic

Risk

Social / Cultural

Attachments

1 ⇩. DRAFT for Public Exhibition Policy 1.02 Inclusive Communities exhibited 23 July 2025

2 ⇩. DRAFT for Public Exhibition Policy 1.03 Arts and Culture exhibited 23 July 2025

3 ⇩. DRAFT for Public Exhibition Policy 1.04 Volunteering exhibited 23 July 2025

4 ⇩. DRAFT for Public Exhibition Policy 1.09 Community Grants Program exhibited 23 July 2025

5 ⇩. DRAFT for Public Exhibition Policy 3.01 Development Administration exhibited 23 July 2025

6 ⇩. DRAFT for Public Exhibition Policy 3.06 Pesticide Use exhibited 23 July 2025

7 ⇩. DRAFT for Public Exhibition Policy 3.07 Climate Change exhibited 23 July 2025

8 ⇩. DRAFT for Public Exhibition Policy 3.14 Flood and Sea level rise exhibited 23 July 2025

9 ⇩. DRAFT for Public Exhibition Policy 4.02 On-site Sewage Management exhibited 23 July 2025

10 ⇩. DRAFT for Public Exhibition Policy 4.11 Planning Agreements exhibited 23 July 2025

11 ⇩. DRAFT for Public Exhibition Policy 4.13 Heritage works of a minor nature exhibited 23 July 2025

12 ⇩. DRAFT for Public Exhibition Policy 6.10 Communication exhibited 23 July 2025

13. DRAFT for Public Exhibition Policy 6.18 Fraud and Corruption Prevention exhibited 23 July 2025

Council 23 July 2025

Item 10.7

10.7. Code of Meeting Practice

This report presents a review of Council’s Code of Meeting Practice (Procedure 6.02.02) to ensure compliance with legislative requirements. The report considers evolving governance standards and includes reference to recent guidance from the Office of Local Government, including the Councillor Conduct and Meeting Practices Discussion Paper (September 2024) and the Free Speech in Local Government in NSW Guideline (June 2025).

Director Organisational Services

Officer’s Recommendation

1. That Council endorse the draft Procedure 6.02.02 Code of Meeting Practice (attachment 1 to this report), be exhibited for a period of at least 28 days and that submissions be received for 42 days.

2. That a further report be presented to Council on any submissions received, or if no submissions are received, the exhibited policy be adopted and published on Council’s website.

Executive Summary

The Office of Local Government (OLG) provides a Model Code of Meeting Practice as a recommended guideline for Councils. The OLG updated the Model Code in October 2021 and Council updated our Code of Meeting Practice accordingly. Bega Valley Shire Council adopted version 12 of its Code of Meeting Practice, based on the Model Code in April 2022. This procedure supports Council’s Policy 6.02 Behaviour of Councillors and Staff.

Mandatory provisions in the model code must be adopted by Councils within 12 months of the local government elections.

The attached draft (Attachment 1) is based on the Office of Local Government model Code of Meeting Practice and maintains the supplementary sections detailing how the community can lodge a petition with Council.

Background

Legislative Basis

The Model Code of Meeting Practice for Local Councils in NSW (Model Meeting Code) is established under section 360 of the Local Government Act 1993 and the Local Government (General) Regulation 2005. It provides a consistent framework for conducting council meetings across the State.

Scope of Application

The Model Meeting Code applies to all meetings of councils and committees where all members are councillors. Committees that include non-councillor members may adopt alternative meeting rules, such as committee Terms of Reference (TOR).

Adoption Requirements

Councils are required to adopt a code of meeting practice that incorporates the mandatory provisions of the Model Meeting Code within 12 months of each ordinary council election. Prior to adoption, councils must consult with their communities to ensure transparency and inclusiveness.

Purpose and Benefits

The Model Meeting Code promotes accessible, orderly, effective, and efficient meetings. It ensures consistency in meeting procedures while allowing flexibility through non-mandatory provisions that councils may choose to adopt based on local needs.

Webcast of meetings

All councils are required to webcast meetings of the council and committees of which all members are councillors. The webcasting requirement may be met simply by posting an audio or video recording of the meeting on the council’s website. Councils are required to retain recordings of their meetings on their websites for at least 12 months. OLG has issued a guide to webcasting council and committee meetings to assist councils to comply with these requirements.

Consultation on reforms to council meeting practices

The Office of Local Government invited feedback from the local government sector and others on proposed amendments to the Model Code of Meeting Practice for Local Councils in NSW (Model Meeting Code).

The amendments are part of the Government’s agenda to ensure that councillors are visibly in control of their councils, demonstrating to the community that decision making is genuinely local.

The reform of the code and procedures governing how councillors gather, debate and make decisions was flagged by the Minister for Local Government as part of the discussion paper issued in September 2024, “Councillor conduct and meeting practice: a new framework”.

The feedback the Office of Local Government receives will be used to inform further amendments that are ultimately made to the Model Meeting Code. Although it was anticipated that the new Model Meeting Code will be prescribed in early 2025 these have not yet been released.

The proposed amendments to the Model Meeting Code are the first tranche of reforms to the regulation of meetings. The second tranche will be legislated in 2025 as part of the measures implemented to reform the regulation of councillor conduct and will have a particular focus on behaviour at meetings. When these are issued, Council will be required to update Procedure 6.02.02 Code of Meeting Practice.

Free speech guidelines

On 3 June 2025, the Office of Local Government issued Council Circular 25-11 Free speech in local government in NSW Guideline - Office of Local Government NSW.

The Free Speech Guideline is relevant to the Code of Meeting Practice and the Code of Conduct by providing guidance on the following:

· the implied freedom of political communication under the Australian Constitution and how free speech is regulated in Australia

· why the ability to engage freely with the community is central to a councillor’s role as an elected representative prescribed under the Act

· the relevant provisions of the Model Code of Conduct for Local Councils in NSW that recognise the importance of public comment by councillors and how they should be applied by councils to ensure they do not unduly inhibit free speech

· the protections available to councillors in relation to civil liability for defamation

· the meeting rules constraining what can be said at council and committee meetings, how they can be applied and the relationship between these and the enforcement mechanisms available under councils’ codes of conduct

· how council media and social media policies should be applied so as not to unduly constrain councillors’ ability to engage with the community via the media and online.

Options

The OLG Model Meeting Code has two elements:

· mandatory provisions.

· non-mandatory provisions covering areas of meeting practice that are common to most councils but where there may be a need for some variation in practice between councils based on local circumstances. The non-mandatory provisions also operate to set a benchmark based on what OLG sees as best practice for the relevant area of practice.

· Councils may also include additional supplementary clauses to meet their own local circumstances.

It is recommended to endorse the draft Code of Meeting Practice for public exhibition. The draft procedure (attachment 1) includes the OLG mandatory provisions and two (2) supplementary sections relating to petitions. The OLG Model Meeting Code is available on OLG’s website here

Community and Stakeholder Engagement

Under section 361 of the Local Government Act 1993, before adopting a new code of meeting practice, councils must first exhibit a draft of the code of meeting practice for at least 28 days and provide members of the community at least 42 days in which to comment on the draft code.

Engagement undertaken

Governance staff have reviewed circulars and documents from the Office of Local Government to ensure the review is consistent with current requirements.

Engagement planned

The draft Bega Valley Shire Council Code of Meeting Practice will be exhibited on Council’s website using the “Have Your Say” page for 42 days to allow community submissions to be received.

Financial and Resource Considerations

Work undertaken by staff in preparing draft documents, exhibition and distribution forms part of the day-to-day duties and does not require additional budget allocation.

Legal /Policy

The Model Code of Meeting Practice for Local Councils in NSW (the Model Meeting Code) is made under section 360 of the Local Government Act 1993 (the Act) and the Local Government (General) Regulation 2005 (the Regulation).

Councils must adopt a code of meeting practice that incorporates the mandatory provisions of the Model Meeting Code within 12 months of the local government elections. A council’s adopted meeting code must not contain provisions that are inconsistent with the mandatory provisions.

Councils and committees of councils of which all the members are councillors, must conduct their meetings in accordance with the code of meeting practice adopted by the council.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

This report is provided in accordance with FY2025 Delivery Program, core business activities of the governance service that supports the organisation to meet requirements of the Local Government Act 1993, including updating of council’s policies and procedures.

Environment and Climate Change

There are no environmental or climate change considerations related to this report.

Economic

There are no economic impacts related to this report.

Risk

Adoption of a Code of Meeting Practice that aligns with the OLG Model Code ensures Council complies with all mandatory requirements as required under the Local Government Act 1993 and follows local government best practice.

The document provides clear guidelines for Council and the community on how Council and committee meetings should be conducted.

The document aligns with Council’s Code of Conduct.

Social / Cultural

The Code of Meeting practice informs the community on how Council meetings are conducted. It provides information to the community on how they can present formally to Council about matters on a Council agenda or to raise issues for Council consideration.

Attachments

1 ⇩. Draft for Public Exhibition - Procedure 6.02.2 Code of Meeting Practice - Exhibited July 2025

Council 23 July 2025

Item 10.8

10.8. Small sites electricity agreement options

This report presents the available options for the continued supply of electricity to Council’s small sites.

Director Organisational Services

Officer’s Recommendation

1. That Council endorses the recommendations detailed in the confidential memorandum.

2. That authority be delegated to the Chief Executive Officer to execute all necessary documentation and approve contract variations, provided they remain within the allocated budget.

Executive Summary

This report outlines the findings of a third-party review conducted by ChargeWorks Pty Ltd, focusing on Council’s small site electricity usage and retail provider cost analysis. A comprehensive breakdown of the data collected, and comparative assessments is provided in the attached Electricity Review report.

Background

In late 2020, NSW Councils were invited by Procurement Australia to participate in a Power Purchasing Agreement (PPA). The initiative aimed to aggregate electricity demand across councils to enhance purchasing power, reduce costs, and support renewable energy targets through the National Electricity Market (NEM).

The procurement process was conducted in two stages:

· Stage 1 involved a non-binding data analysis to assess the viability of the proposed agreement.

· Stage 2, approved by Council in June 2021, was binding. Participating councils were required to accept the resulting contract if tender outcomes met a pre-determined price threshold.

The final offer consolidated large market sites, contestable public lighting, and smart-metered small sites—previously managed under three separate contracts—into a single agreement. On 25 November 2022, Council entered into a 10-year contract with Red Energy, commencing 1 January 2023. The agreement includes fixed tariffs for peak, shoulder, and off-peak periods and initially required all participating sites to have smart meters.

At contract commencement, 46 smart-metered sites were transferred to Red Energy. The remaining 212 non-smart-metered sites continued under alternative arrangements or on a month-to-month basis. With the expiration of the AGL agreement and the removal of the smart meter requirement for Red Energy transfers, further consideration is now required for the remaining sites.

To support this process, Council engaged ChargeWorks Pty Ltd to undertake a comprehensive review of small site electricity usage and retail provider pricing. Their analysis included:

· A breakdown of billing components

· Market comparisons

· Assessment of the long-term value of the Red Energy agreement versus other providers.

The review highlighted the stability offered by the Red Energy agreement over its extended term, while also identifying potential cost advantages with alternative providers.

A key factor influencing this analysis is the implementation of the Power of Choice regulation in 2021, which prohibits retailers from locking customers into small market contracts. This reform provides Council with greater flexibility to review pricing and transfer sites between providers to optimise value. However, it also underscores the importance of selecting a provider that delivers long-term benefits, reducing the need for ongoing internal monitoring and site transfers.

Options

Due to the commercial sensitivity of the information, the detailed options have been provided in the attached confidential memorandum.

Community and Stakeholder Engagement

Engagement undertaken

ChargeWorks was engaged to undertake a detailed review of Council’s current electricity charges and site classifications. The findings were presented at a Councillor workshop held on 22 January 2025.

Following the workshop, Council continued working with ChargeWorks and electricity providers to further assess and evaluate the most suitable electricity supply options for small sites.

Engagement planned

Following a resolution of Council, authorised representatives will engage with relevant third-party providers to finalise contractual arrangements for the ongoing supply of electricity to the nominated sites.

Financial and Resource Considerations

The ongoing supply of electricity to Council’s small sites represents a significant operational expense. With the expiration of the previous agreement in September 2024, Council was advised of a potential increase in monthly costs due to the removal of previously applied discounts.

To inform future decision-making, Council engaged an independent consultant to undertake a detailed financial analysis of available options. This review considered historical usage data, current market conditions, and projected pricing trends. It also assessed the long-term financial and operational implications of each option, including contract flexibility, administrative efficiency, and alignment with Council’s Clean Energy objectives.

Funding for the electricity supply contract will be sourced from Council’s approved operational budgets. Any contract variations will be managed within the allocated budgets, and authority is sought for the Chief Executive Officer to execute all necessary documentation and approve variations accordingly.

Legal /Policy

Any process undertaken to supply electricity to Council’s small sites will comply with Section 55 of the Local Government Act 1993 and Part 7 of the Local Government (General) Regulation 2021.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

Community Strategic Plan 2042- 2025 Revision:

C.6 Develop climate-resilient infrastructure and improve energy efficiency in existing buildings and assets.

Delivery Program 2025–2029 identifies as core business the need to provide essential services and infrastructure that support a resilient, sustainable and inclusive community. This includes delivering on Council’s role to Provide, Collaborate and Advocate across priority areas such as environmental sustainability, asset renewal, and community wellbeing.

· Measure and report Council’s environmental performance and energy consumption.

· Implement key actions from the Climate Resilience Strategy and Clean Energy Plan within Council and across the shire.

Clean Energy Plan 2019-2030

The options support the Clean Energy Plan’s long-term goals by advancing energy efficiency, reducing emissions, and promoting sustainable energy practices within Council-managed sites and services.

Environment and Climate Change

Council is proactively advancing environmental and climate resilience outcomes by reducing energy consumption and supporting renewable energy generation. These efforts not only deliver cost savings but also accelerate progress toward the targets outlined in the Clean Energy Plan 2019–2030 and the Climate Resilience Strategy. Integrating these strategies into Council’s infrastructure assets strengthens alignment with the Community Strategic Plan and Delivery Plan objectives. All calculations have incorporated a 45% Greenpower allocation to reflect Council’s commitment to clean energy transition.

Economic

The proposed options offer strong economic value including cost stability, procurement efficiency and a 45% Greenpower allocation to support Council’s sustainability goals.

Risk

There are several risks associated with the small sites electricity agreement options. The cost-benefit modelling by ChargeWorks is probabilistic, and projected savings may not fully materialise; however, this risk is mitigated by the firm’s expertise in energy market analysis.

While the Red Energy agreement offers fixed tariffs, alternative providers may present lower short-term rates, and Council may miss savings if market conditions shift. Entering a long-term contract may limit flexibility to respond to future regulatory or technological changes, though provisions for contract variations within budget offer some adaptability.

Managing non-smart-metered sites across multiple providers could increase internal workload, but recent changes have reduced administrative complexity. Lastly, if the selected option underperforms or diverges from community expectations, it may affect stakeholder confidence; this is mitigated by strong alignment with Council’s clean energy and climate goals.

Reputational Risk: If the selected option underperforms or conflicts with community expectations around sustainability or cost, it may affect stakeholder confidence.

Social / Cultural

These initiatives reinforce Council’s commitment to both financial responsibility and environmental leadership. By visibly supporting clean energy and sustainability goals, Council strengthens community trust and enhances its social licence to operate, building long-term social capital with stakeholders.

Attachments

1 ⇩. Confidential memorandum to Councillors - Small sites electricity contract

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

Council 23 July 2025

Item 10.9

10.9. Lease to Bega Volunteer Rescue Association

Council approval is sought to renew Bega Volunteer Rescue Association’s tenure for their continued occupation of part Lot 1 DP 1171282 at Tarraganda Lane, Tarraganda.

Director Organisational Services

Officer’s Recommendation

1. That Council authorises the Chief Executive Officer and Mayor to negotiate and execute a three-year lease with the Bega Volunteer Rescue Association for part Lot 1 DP 1171282 at Tarraganda Lane, Tarraganda, at the minimum annual rental in accordance with the adopted fees and charges, subject to annual increases.

2. That Bega Volunteer Rescue Association be responsible for payment of the costs of Council or its solicitors in relation to the preparation and registration of the lease.

Executive Summary

Council approval is being sought to renew the Bega Volunteer Rescue Association’s (Bega VRA) tenure for their continued occupation of Council owned land being part Lot 1 DP 1171282 at Tarraganda Lane, Tarraganda.

Background

Council resolved at its Ordinary Meeting of 22 September 2021, when considering the formalisation of Bega VRA’s occupation of Lot 1 DP 1171282 at Tarraganda Lane, Tarraganda as follows:

1. That Council receive and note the report.

2. That Council authorise the Chief Executive Officer and Mayor to execute the necessary lease documentation to provide tenure of three (3) years to Bega Volunteer Rescue Association for their continued occupation of part Lot 1 DP 1171282 at 22 Tarraganda Lane, Tarraganda, for an annual rental fee as determined by a registered Valuer, noting a rebate may be applied once assessed against Council’s Rental Assessment and Rebate Procedure.

3. That Bega Volunteer Rescue Association be responsible for payment of the costs of Council or its Solicitors in relation to the preparation and registration of the lease.

Following the resolution, a market rental valuation was obtained assessing the market rental at $1,500 plus GST per annum. In accordance with Council’s Procedure 4.10.4 Rental Assessment and Rebate, Bega VRA were granted a rebate of 81% and a three-year lease was entered into at the Crown Lands minimum annual fee. This lease is expiring on 31 August 2025 and Council officers have confirmed with representatives of Bega VRA that they wish to renew for a further period.

As outlined in the (attached) report from Council’s Ordinary Meeting of 22 September 2021, there is a Council owned Sewer Pump Station (SPS) located at the rear of Lot 1 DP 1171282 and access for Council staff over the existing access road for maintenance purposes as and when required must always be maintained. Any lease would need to provide Council the ability to register at any time during the term of the lease an easement over Lot 1 DP 1171282 to benefit Council for access to the infrastructure.

Should insufficient space be available to accommodate the SPS facilities on the site VRA would be required to relocate to another site. Water and Sewer officers have confirmed they are supportive of renewing the Bega VRA tenure for a further three years provided access is to the Council owned SPS is maintained as noted.

Options

The options available to Councillors are:

1. Approve a three-year lease to VRA for their continued occupation of Lot 1 DP 1171282 at Tarraganda Lane, Tarraganda for the minimum annual rental increased annually. Recommended.

2. Approve a three-year lease to the Bega Volunteer Rescue Association for continued occupation of Lot 1 DP 1171282 at Tarraganda Lane, Tarraganda, at an annual rental determined by formal market valuation.

3. Give VRA notice to vacate Lot 1 DP 1171282 at Tarraganda Lane, Tarraganda and maintain vacant possession of the land for Council’s SPS purposes. Noting Council’s Water and Sewer staff have indicated support to renew the tenure for a further three years.

Community and Stakeholder Engagement

Engagement undertaken

Council officers have discussed the proposed tenure arrangements with representatives from Bega VRA who have indicated they would like to renew for a further period.

Council officers have also engaged with Water and Sewer officers to confirm support for the renewal.

Engagement planned

As Council officers intend to issue three years tenure, in accordance with the provisions of section 47A of the Local Government Act 1993 (NSW) (LG Act) if Council agrees to grant a lease, in respect of community land for a period of 3 years, it must:

• Give public notice of the proposal (including on the council’s website), and

• Exhibit notice of the proposal on the land to which the proposal relates

• Give notice of the proposal to such persons as appear to it to own or occupy the land adjoining the community land, and

• Give notice of the proposal to any other person, appearing to the Council to be the owner or occupier of land in the vicinity of the community land, if in the opinion of the Council the land the subject of the proposal is likely to form the primary focus of the person’s enjoyment of community land.

Financial and Resource Considerations

A market rental valuation was obtained in October 2021, and as the Bega VRA has received an 81% rebate assessment, Council officers do not consider it beneficial to obtain a further valuation at this time. It is recommended that the lease proceed at the minimum annual rental in accordance with the adopted fees and charges, subject to annual increases, for this land-only arrangement.

Preparation of the lease renewal documentation and ongoing lease management throughout the term will require Council officer time.

Legal /Policy

Lot 1 DP 1171282 contains both the Tarraganda SPS and the Bega VRA building. As the land is shared, a lease of the entire parcel is not possible, and the options are to progress a lease for the premises only or subdivide for lease purposes.

As the building is owned by VRA and not Council, a premises lease is not considered the best option for granting tenure of the land as it confers that Council, as lessor, is the owner of the building.

Section 53 of the Real Property Act 1900 (NSW) (RP Act) provides that land leased for more than three years must be in the approved form and Section 42(1)(d) of the RP Act and the Registrar-General’s Guidelines, requires a lease for a term exceeding three years to be registered on title.

To comply with the above; the options available to Bega VRA are:

1. Progress a short-term lease for less than three (3) years or

2. Subdivide for lease purposes to allow for a longer-term tenure arrangement to be progressed.

As there would be substantial costs involved in subdividing for lease purposes and VRA would be responsible for all costs associated with this process, Council officers are recommending proceeding with a further three year lease to avoid the need to subdivide for lease purposes.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

Delivery Program 2025-2029 identifies as core business the oversight of leases and licences for Council-owned land and buildings. Additionally, the Delivery Plan emphasises delivering high-value services to the community. The lease renewal supports this by:

· Enabling Bega VRA to continue providing essential emergency rescue services from a strategically located site.

· Reinforcing the adopted Plan of Management’s objective for general community use land, which prioritises essential services like those provided by Bega VRA.

Environment and Climate Change

There are no environment and climate change matters associated with the proposed lease renewal to Bega VRA.

Economic

The lease agreement to VRA provides an economic benefit to Council and the community.

Risk

Council has identified regulatory and statutory compliance, along with workforce and public safety, as strategic risks. The increasing complexity and cost associated with navigating multiple and evolving regulatory frameworks continues to present a significant challenge. This risk is mitigated by ensuring that third-party use of Council-owned and managed land is formalised through appropriate tenure arrangements including indemnity and insurance provisions.

Social / Cultural

The core objectives for land categorised as general community use under the adopted Plan of Management (PoM) is to provide essential community services of a high standard. The PoM further states the use of the site by Bega VRA is the preferred use and Bega VRA have successfully operated from the site for many years supporting the core objectives of the land.

Attachments

1 ⇩. Council report dated 22 September 2021 - Lease to Bega Volunteer Rescue Association

Council 23 July 2025

Item 10.10

10.10. Audit, Risk and Improvement Committee Quarterly Report June 2025

The purpose of this report is to update on the activities of the Audit, Risk and Improvement Committee (ARIC) and present the quarterly report for the June 2025 meeting.

Director Organisational Services

Officer’s Recommendation

That Council receive and note the Audit, Risk and Improvement Committee (ARIC) quarterly report from the June 2025 meeting.

Executive Summary

The quarterly report following each Audit, Risk and Improvement Committee (ARIC) meeting provides an update on the activities of the ARIC, supporting accountability and highlighting issues or emerging risks identified by the ARIC that may influence the strategic direction of the Council.

Background

Ongoing reporting by the ARIC to the governing body is a requirement of the Guidelines for Risk Management and Internal Audit for Local Councils in NSW. Specifically, the ARIC must provide an update to the governing body of Council of its activities and opinions after every committee meeting. A copy of the ARIC June 2025 meeting quarterly report, which summarises the discussions, issues raised, and actions required, is included as an attachment in this business paper for the information of councillors.

Quarterly reporting to Council is essential for accountability to ensure issues or emerging risks identified by the ARIC that may influence the strategic direction of Council are considered.

Options

No applicable options for this report.

Community and Stakeholder Engagement

ARIC is an independent advisory committee consisting of independent community members that help our elected officials meet their responsibilities to oversee Council. In this sense ARIC is a form of consultation with independent members who conduct their service to Council in accordance with the requirements of the LG Act.

Engagement undertaken

ARIC meets at least four times a year, with one of these meetings including review and endorsement of the annual audited financial reports and external audit opinion as well as review and endorsement of the annual Internal Audit Plan.

Engagement planned

The existing meeting arrangements will continue with the next ARIC meetings scheduled to be held in September 2025 and November 2025.

Financial and Resource Considerations

Membership to ARIC is a volunteer position under the adopted terms of reference of council. Minimal budget is provided for hosting quarterly meetings.

All other administration expenses are covered within general fund operational salaries and wages budget for staff to provide support to the function and reporting to the committee.

Legal /Policy

As described in the Guidelines for Risk Management and Internal Audit for Local Councils in NSW, Council`s ARIC must develop a Strategic Work Plan every four years to ensure that all matters listed in section 428A of the LG Act are reviewed by the committee and considered by the internal audit function when developing their risk-based program of internal audits. These include:

(a) compliance

(b) risk management

(c) fraud control

(d) financial management

(e) governance

(f) implementation of the strategic plan, delivery program and strategies

(g) service reviews

(h) collection of performance measurement data by the council, and

(i) any other matters prescribed by the regulation. ARIC must also provide information to Council for the purpose of improving Council’s performance of its functions.

The Guidelines further outline that the plan must be developed by the ARIC in consultation with the governing body, Chief Executive Officer and internal audit coordinator and adopted by the governing body at the start of the Council term.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

Delivery Program 2025-2029 identifies as core business the need to “Support the function of Council’s Audit, Risk and Improvement Committee (ARIC)”. This report directly contributes to that objective by:

· Providing quarterly updates to the governing body and Chief Executive Officer on audit and risk activities.

· Highlighting emerging risks and compliance issues that may influence Council’s strategic direction.

· Ensuring Council’s decision-making is informed by independent oversight and risk intelligence.

· Fulfilling the requirements of the Guidelines for Risk Management and Internal Audit for Local Councils in NSW, which mandate quarterly reporting and strategic work planning.

· Documenting ARIC’s review of internal and external audit matters.

· Supporting the Delivery Plan’s capital program and service delivery targets through effective risk management.

· Tracking and following up on past audit actions via the Pulse system.

· Offering independent assurance on financial management, governance, and internal controls.

Environment and Climate Change

ARIC provides assurance through monitoring and evaluation of council’s risk management and audit functions, including assessment that strategic and operational environment risks are managed, and climate change impacts considered in governance frameworks.

Economic

The diversity of ARIC member’s skills and experience contribute to the value of advice and probity in financial management and the contribution of council to the local economy.

Risk

Risk management is a key focus area of the committee terms of reference, and therefore a core set of skills that add value to the operation and advice provided by the committee to councillors and management.

Social / Cultural

Council as a key contributor to social and cultural infrastructure and services to the Bega Valley community. The function and benefit of independent members on the committee provide assurance that Council’s governance frameworks and decision making consider social impacts.

Attachments

1 ⇩. Audit Risk and Improvement Committee ARIC Quarterly Report June 2025

Council 23 July 2025

Item 10.11

10.11. Proposed new road names - Mandeni Drive, Bloodwood Close and Manna Gum Close in Tura Beach

Council has received an application to formally name three roads associated with the approved subdivision under development application 2008.443.

Director Organisational Services

Officer’s Recommendation

1. That Council approves the submission of the proposed road names—Mandeni Drive, Bloodwood Close, and Manna Gum Close—associated with Development Application 2008.443 at Tura Beach, to the Geographical Names Board for consideration and approval.

2. That Council advertises the proposed road names Mandeni Drive, Bloodwood Close and Manna Gum Close at Tura Beach on its website, inviting submissions to the proposal.

3. That if no objections are received within the submission period, Council officers proceed with the road naming proposal without subsequent referral to Council.

Executive Summary

Council has received an application to formally name three roads associated with the approved subdivision under Development Application 2008.443 (DA 2008.443) at Tura Beach.

In accordance with Council’s Road Naming Procedure 4.10.6, all new road naming proposals are required to be reported to Council before submitting to the Geographical Name Board for approval.

Background

On 23 June 2017, development consent was issued for DA 2008.443, permitting the subdivision of Lots 471 and 472 DP 1043030 into 21 residential allotments under a community title subdivision, to be constructed in three stages.

Following this, an application to modify this consent has been received by Council and is currently under assessment. The application seeks minor amendments to the staging of the subdivision, the removal of allotment 115 and a change in subdivision type from community title to Torrens title.

Figure 1 – Diagram showing new roads in subdivision to be named.

The applicant has proposed three road names for consideration. Of these, two comply with Council’s Road Naming Procedure 4.10.6, while one does not meet the required criteria.

Mandeni Drive does not meet the criteria outlined in Council’s Road Naming Procedure 4.10.6; however, it holds strong historical and local significance. The property was originally developed by the High family in the 1980’s and operated as Mandeni Cabin and Tourist Park, which has since closed. The site is now being revitalised as a residential estate, and nearby is the Mandeni Golf Course —further reinforcing the name’s connection to the area. The name Mandeni is well known in the community and serves as a meaningful tribute to the property’s heritage

Manna Gum Close complies with Council’s Road Naming Procedure 4.10.6, specifically section 4.5, which encourages names reflecting the natural environment, including flora, fauna, and marine themes. Manna Gum is a native species of gum tree found in the vicinity of the proposed road making it a contextually appropriate and compliant choice.

Bloodwood Close references a tree species native to the area, aligning with Councils Road Naming Procedure 4.10.6 (section 4.5). The name meets the required thematic criteria, reflecting the natural environment, marine, flora or fauna relevant to the location of the road.

Options

The options available to Council are:

1. Submit the road names Mandeni Drive, Bloodwood Close and Manna Gum Close to the Geographical Names Board for approval. (Recommended)

2. Submit only Bloodwood Close and Manna Gum Close to the Geographical Names Board for approval and request the applicant to propose an alternative road name to replace Mandeni Drive that complies with Council’s Road Naming Procedure 4.10.6.

3. Request the applicant to provide alternative road names for all proposed road names for Council’s further consideration.

Community and Stakeholder Engagement

Engagement undertaken

Council officers have reviewed the eligibility of the proposed road names with the Geographical Names Board’s evaluation tool, with the following outcomes:

· Mandeni - Flagged due to similarity to Manning Street in Bega and Towamba and Madeline Court in Tura Beach.

· Bloodwood – No potential issues identified.

· Manna Gum – Flagged due to similarity to Manning Street in Towamba.

While these similarities were detected, the Geographical Names Board may still approve road names if they are deemed not easily confused with existing road names.

Engagement planned

If approved, the proposed road names of Mandeni Drive, Bloodwood Close and Manna Gum Close will be advertised on Council’s website allowing a period of 28 days for submissions to be received. Should any objections be received, a further report will be presented to Council.

Financial and Resource Considerations

Under Council’s Fees and Charges, the road naming application fee of $1,565.00 has been paid by the applicant which covers all costs associated with the road naming process. Council officer’s time will be required to complete the public notification process.

Legal /Policy

Under Council’s Road Naming Procedure 4.10.6, the naming of Shire roads is pursuant to Section 162 of the Roads Act 1993 (NSW) and the NSW Geographical Names Board Address Policy and User Manual, adopted in October 2019.

In accordance with Division 1 Clause 7 of the Roads Regulation 2018 (NSW), which commenced on 1 September 2018, Council may now publish road naming proposals on its website in place of advertisements in a local newspaper.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

Delivery Program 2025-2029 identifies as core business the need to “Process road naming applications in accordance with current legislation and guidelines”. This report directly contributes to that objective by ensuring that the proposed road naming is carried out in alignment with legislative requirements and Council policy frameworks, including the Roads Act 1993 (NSW), the Roads Regulation 2018 (NSW), and Council’s Road Naming Procedure 4.10.6.

It supports Council’s commitment to maintaining a consistent, transparent, and compliant approach to road naming, as outlined in the NSW Geographical Names Board Address Policy and User Manual and contributes to the broader goals of effective infrastructure planning, community engagement, and regulatory adherence under the Delivery Program 2025–2029.

Environment and Climate Change

There are no environment and climate change considerations associated with the naming of Shire roads.

Economic

There are no additional economic implications associated with this report beyond those already addressed in the Finance section.

Risk

In determining its direction, Council should consider the following risks:

· Reputational Risk due to non-compliance with Council’s Road Naming Procedure 4.10.6. The proposed name Mandeni Drive does not align with Council’s Road Naming Procedure 4.10.6. However, Council officers acknowledge the applicant’s justification and recognise the name’s strong local significance.

· The Geographical Names Board evaluation tool flagged Mandeni and Manna Gum as sounding similar to existing road names, including Manning Street and Madeline Court. This presents a potential risk for emergency services, postal accuracy, and public clarity. Council officers will consult with relevant emergency services stakeholders to assess operational impacts prior to progressing.

· Should objections be received during the 28-day public submission period, Council may be required to reassess the proposed names, which could result in delays to the subdivision process.

· Any requirement to rename or reconsider proposed road names may result in increased officer time, further engagement with the applicant, and extended timelines for finalising the subdivision.

Social / Cultural

The inclusion of Mandeni Drive, despite not strictly complying with Council’s Road Naming Procedure 4.10.6, acknowledges the site’s historical significance as the former Mandeni Cabin and Tourist Park. This contributes to the preservation of local heritage and reinforces community identity.

Names such as Bloodwood Close and Manna Gum Close, which reflect native flora, align with broader efforts to embed environmental awareness and appreciation for the natural landscape into public infrastructure.

Attachments

Nil

Council 23 July 2025

Item 10.12

10.12. Certificate of Investment June 2025

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

Director Organisational Services

Officer’s Recommendation

1. That Council receive and note the report on Council’s investment position at 30 June 2025.

2. That Council notes the certification of the Responsible Accounting Officer.

Executive Summary

I, Judy Jordan, as the Responsible Accounting Officer of Bega Valley Shire Council, hereby certify the investments listed in the attached reports have been made in accordance with Section 625 of the Local Government Act 1993 (the LG Act) and clause 212 of the Local Government (General) Regulation 2021.

On 30 June 2025 the total capital value of cash and investments was $160,004,924.75 with 91% of Council’s investment portfolio directed to term deposits and the remainder held in cash deposit accounts. The following is investment information by fund:

Fund	June-2025 ($’000)
General Fund	64,505
Water Fund	28,582
Sewer Fund	66,918
TOTAL	160,005

All investments have been appropriately recorded in Council’s financial records, reconciled monthly.

Background

The Local Government Act 1993 and Local Government Regulation 2021 require that the Responsible Accounting Officer must present to Council monthly, the status of the investments held by Council. The Responsible Accounting Officer must detail the investments held, and their compliance with both internal policy and external regulation under the Ministerial Order of Investments.

Options

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

Community and Stakeholder Engagement

Engagement undertaken

There is no community or stakeholder engagement associated with the recommendation of this report.

Engagement planned

The investment details of Council are published in Council business papers and are publicly available at Council offices and on Council’s website.

Financial and Resource Considerations

A list of Council’s cash and investments held at 30 June 2025 is detailed below:

Table 1: Cash and Investments listing
Issuer	Rating	Type	Purchase	Maturity	Interest Rate (%)	Capital Value ($)
Commonwealth Bank (Operating cash account)	AA-	CASH	-	-	3.85	4,860,286.90
Commonwealth Bank (At Call cash account)	AA-	CASH	-	-	3.90	10,000,000.00
NSW Treasury Corporation (Strategic Cash Fund)	AA-	CASH	-	-	-	144,637.85
NAB	AA-	TD	29/07/2024	29/07/2025	5.30	2,000,000.00
Suncorp Bank	AA-	TD	31/07/2023	31/07/2025	5.18	3,000,000.00
NAB	AA-	TD	31/01/2024	26/08/2025	4.95	3,000,000.00
BankVic	BBB+	TD	05/06/2024	05/09/2025	5.33	1,000,000.00
Westpac	AA-	TD	11/09/2023	11/09/2025	4.99	2,000,000.00
BankVic	BBB+	TD	29/07/2024	25/09/2025	5.30	2,000,000.00
Suncorp Bank	AA-	TD	18/12/2024	15/10/2025	5.05	3,000,000.00
Westpac	AA-	TD	31/10/2023	31/10/2025	5.41	2,000,000.00
Westpac	AA-	TD	29/06/2023	25/11/2025	5.10	2,000,000.00
Suncorp Bank	AA-	TD	28/11/2023	28/11/2025	5.38	3,000,000.00
Westpac	AA-	TD (G)	29/02/2024	16/12/2025	4.88	5,000,000.00
Australian Military Bank	BBB+	TD	24/06/2025	19/12/2025	4.41	5,000,000.00
BOQ	A-	TD	11/01/2024	12/01/2026	4.85	2,000,000.00
NAB	AA-	TD	18/12/2024	14/01/2026	4.97	5,000,000.00
NAB	AA-	TD	28/01/2025	28/01/2026	4.90	2,500,000.00
Westpac	AA-	TD (G)	08/02/2024	09/02/2026	4.84	5,000,000.00
ING Bank (Australia) Ltd	A	TD	11/03/2024	11/03/2026	4.85	5,000,000.00
NAB	AA-	TD	18/12/2024	15/04/2026	4.89	2,000,000.00
Westpac	AA-	TD	28/06/2024	28/04/2026	5.20	2,500,000.00
NAB	AA-	TD	24/06/2025	04/05/2026	4.19	5,000,000.00
ING Bank (Australia) Ltd	A	TD	25/09/2024	25/05/2026	4.53	5,000,000.00
BOQ	A-	TD	31/01/2024	26/05/2026	4.80	2,000,000.00
Westpac	AA-	TD	25/02/2025	15/06/2026	4.62	5,000,000.00
BOQ	A-	TD	28/05/2024	28/07/2026	5.00	5,000,000.00
ING Bank (Australia) Ltd	A	TD	26/08/2024	18/08/2026	4.62	3,000,000.00
NAB	AA-	TD	30/06/2025	20/08/2026	4.05	5,000,000.00
Westpac	AA-	TD	06/09/2023	07/09/2026	4.88	3,000,000.00
NAB	AA-	TD	30/05/2025	14/10/2026	4.10	4,000,000.00
NAB	AA-	TD	26/11/2024	05/11/2026	4.80	3,000,000.00
BOQ	A-	TD	28/05/2024	26/11/2026	4.95	5,000,000.00
Hume Bank	BBB+	TD	26/08/2024	08/12/2026	4.55	5,000,000.00
Suncorp Bank	AA-	TD	11/01/2024	11/01/2027	4.88	2,000,000.00
NAB	AA-	TD	25/02/2025	25/02/2027	4.55	5,000,000.00
ING Bank (Australia) Ltd	A	TD	25/09/2024	25/03/2027	4.50	2,000,000.00
NAB	AA-	TD	26/02/2025	05/04/2027	4.50	5,000,000.00
BOQ	A-	TD	20/03/2025	11/05/2027	4.49	3,000,000.00
BOQ	A-	TD	06/03/2025	11/05/2027	4.55	3,000,000.00
Westpac	AA-	TD	28/02/2025	16/06/2027	4.50	3,000,000.00
BOQ	A-	TD	20/03/2025	08/07/2027	4.49	2,000,000.00
BOQ	A-	TD	06/03/2025	08/07/2027	4.55	2,000,000.00
BOQ	A-	TD	28/02/2025	13/10/2027	4.50	2,000,000.00
ING Bank (Australia) Ltd	A	TD	24/06/2025	30/08/2028	4.01	2,000,000.00
ING Bank (Australia) Ltd	A	TD	28/02/2025	28/02/2029	4.70	2,000,000.00
ING Bank (Australia) Ltd	A	TD	30/05/2025	13/06/2029	4.24	5,000,000.00
Total cash and investments						$160,004,924.75

Table 2: Interest from Cash and Investments
Interest earned for June 2025	$559,373
Financial year to date interest earned	$6,561,832
Revised Budgeted interest for 2024/2025 financial year (QBRS Q3)	$5,500,000
Percentage of the 2024/2025 budget earned by Council	119%

Council’s investment portfolio is largely directed towards term deposits (91%). The remainder of the portfolio is held in cash deposit accounts with CBA and TCorp (9%).

The investments held by Council remain sufficiently liquid with 56% of investments maturing within the next 12 months.

Council’s cash and investment portfolio has a weighted average maturity of 426 days.

For the month of June, the cash and investments held by Council provided a return of 4.94% p.a. This annualised performance exceeded the monthly RBA cash rate of 3.85% and the AusBond Bank Bill Index of 3.94%. The below table represents the annualised performance of council’s investment portfolio.

With the potential for interest rate cuts in the future and the maturing of higher yielding term deposits Council has been attempting to lock in rates across 1–5-year tenors. This aims to provide some protection against potential lowering rates.

Council continues to utilise the platform Imperium Markets, to assist in conducting, managing, and reporting on Council’s investments. This provides an automated process of sourcing quotes and investing monies which is allowing Council to better address investment risks. Additional to the platform, Arlo Advisory provide investment advice on the surrounding market conditions and how Council can maximise returns within the Ministerial Order and Council’s investment policy.

Table 3: Investments by Fund $’000
Fund	April-2025	May-2025	June-2025
General Fund	56,746	59,616	64,505
Water Fund	25,318	28,073	28,582
Sewer Fund	65,291	66,787	66,918
TOTAL	147,355	154,476	160,005

Each Fund’s allocation can only be utilised for its specific operations. For example, Water Fund cannot use its financial resources on General Fund projects.

Included in the General Fund investments are amounts that are externally restricted for specific purposes, i.e. contributions and unspent grants. In addition, there are amounts that are internally restricted by Council.

The value of outstanding government grant debtors on 30 June 2025 is $319,907 with $26,079 aged 4+ months. Council continues to work with our funding partners to keep these debts minimised.

Legal /Policy

Section 625 of the Local Government Act 1993 (LG Act) determines money may only be invested in a type of investment authorised by Order of the Minister for Local Government and published in the Local Government Gazette. The current Ministerial Order of Investment was published 17 February 2011.

Clause 212 of the Local Government (General) Regulation 2021 (LG Regulations) determines the Responsible Accounting Officer must provide Council with a written report setting out details of all money Council has invested under Section 625 of the LG Act.

The report must also include a Certificate as to whether the investments have been made in accordance with the LG Act, LG Regulations and Council’s Investment Policy.

Council has an Investment Policy (policy number 6.07) adopted on 27 November 2024. The policy is reviewed every four years by Council and annually by Council officers.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

This report is provided in accordance with Council’s Community Strategic Plan (CSP), 2025-2029 Delivery Program and operational Plan activities

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

CSP Strategy: E.3 Government services have well -governed financial and strategic management processes to ensure ongoing viability and value for money.

This reporting supports the implementation of Council’s adopted Delivery Plan 2025-2029 as identified through the following core business activity undertaken by the finance team to:

· Manage Council’s borrowings and investments in accordance with Council’s Financial Strategy

Environment and Climate Change

Council considers the importance of environmental, social and governance factors in investment decision making.

As at 30 June 2025, Council’s investment portfolio included $10 million of green certified investments.

Economic

Council’s investment policy objective is to maximise returns by investing with the most favourable rate of return. Performance of investments are reported monthly, quarterly and annually.

Risk

Council policies have strict guidelines to reduce Council’s risk to capital. The following graphs provide representation of Council’s compliance to these measures.

Risk management means our investments are made giving regard to key criteria of counterparty, credit quality and maturity compliance.

At 30 June, all cash and investments held are within the counterparty, credit quality and maturity policy limits.

Other legal instruments, such as the Ministerial Order referenced above, are also being used to mitigate financial risk.

Legend: Compliant Non-compliant

Counterparty Compliance

Credit Quality Compliance

Maturity Compliance

Social / Cultural

Maximising performance of returns enables the organisation to leverage additional funding received as a result of investment performance and use these towards community projects, programs and services.

Attachments

Nil

Council 23 July 2025

Item 13.1

13.1. Cr Simon Daly - Development Application Fees and Developer Contributions

Notice of Motion

1. That Council assess and model the financial, and other relevant impacts, of temporarily waiving Development Application fees and developer contributions (including water and sewer) for a period of 24 months for secondary dwellings

2. That staff identify other financial, policy or procedural changes that may incentivise secondary dwellings construction

3. That a report be brought back to Council with recommendations

Background

This Notice of Motion is seeking to explore further options to increase housing supply in the Bega Valley and aims to build on changes to the Local Environmental Plan (LEP) 2013, made in recent years. The changes referred to have allow a secondary dwelling, where it would be associated with a primary dwelling, to be constructed in a number of land use zones without the requirement to further subdivide the land. These changes have been important, however since then the housing crisis in the Shire and across the country has only intensified. Investigating options to waive fees is intended as a further incentive to build more secondary dwellings. This approach would be aligned to the goals of Council’s Affordable Housing Strategy (AHS) in that it would support increased diversity of available housing. In particular, increasing density in existing residential areas is likely to maximise use of existing infrastructure and services. Whilst there is an acknowledged risk that incentivising secondary dwelling construction may lead to more Short-Term Rental Accommodation (STRA) and not contribute to the supply of available long term housing, the AHS does state that:

Strategy 15:

Council will consider opportunities for rate rebates and waiving of other relevant fees and charges for permanent rental accommodation to encourage long-term rental accommodation.

Secondary dwellings

It may be possible to impose a condition with development consent for secondary dwellings and other dwellings preventing use of the secondary dwelling for short term rental accommodation. We understand that Byron Shire Council had a similar provision between 2011 and 2019.

Strategy 16 Council will consider opportunities for conditions of consent on secondary dwellings to constrain use of these dwellings as STRA.

This Notice of Motion is only seeking the initial first step towards identifying the impact of a change to fees and /or policies and procedures to incentive secondary dwellings. A change to fees has the potential to be another measure available to Council to address the housing crisis in our valley.

Cr Simon Daly

Staff Response

As advised at the 23 June 2025 Council meeting in response to a question without notice from Cr Haggar, indicative fees and charges related to secondary dwellings include:

· Application fees (DA/CC) for a 1 bedroom dwelling: approx $3,650

· Section 7.11 contributions: $9,121

· Section 64 contribution Water (if connected to reticulated water): $2,745

· Section 64 contribution Sewer (if connected to reticulated sewer): $3,844

This totals approximately $20,000 if the dwelling is connected to Council’s reticulated water and sewer systems.

Staff will report to Council on the number of secondary dwellings approved over recent years at the August Council meeting, as part of the next quarterly report on Development Application statistics.

Further analysis of this data is not currently scheduled in the work plan and will result in other projects being delayed. As approved in the delivery program, key focus projects for the strategic planning team for 2025/26 include:

· Prepare urban renewal plans for Bega, Eden and Merimbula

· Undertake R3 Medium Density Residential and MU1 Mixed Use zones review

· Prepare a local infrastructure contribution plan for Wolumla

· Implement recommended changes to the Development Control Plan (DCP) and Local Environmental Plan (LEP) from the Wolumla Structure Plan

· Prepare a Streetscape Masterplan for Wolumla

· Prepare an Urban Tree Shade strategy

· Progress comprehensive review of Bega Valley Development Control Plan

· Scope a planning proposal to amend the LEP to include forestry

· Review Local Strategic Planning Statement (LSPS)

· Finalise review of RU4 Primary Production Small Lot zone

However, based on recent vacancies in the strategic planning team and high workload, the streetscape masterplan for Wolumla and review of the LSPS are currently on hold. In addition, stages 2 and 3 of the DCP review have been pushed back to next calendar year, and the ongoing review of Council and Crown land sites, as part of the Affordable Housing Strategy (AHS) work, is on hold.

There is also a risk that incentivising secondary dwellings will see an increase in the number of DAs submitted to Council which could result in lengthened approval timeframes noting there are currently 2 vacant town planner positions.

Strategies 15 and 16 from the Affordable Housing Strategy are medium term strategies.

Council has been advocating to the state government to provide information to councils on levers to incentivise longer term rentals, as well as the development of a pathway for STRA providers to pay rates or levies to create parity with other business holiday accommodation and further incentivise longer term rentals. Council provided a submission to the NSW Government’s discussion paper on short and long term accommodation in March 2024, and participated in online roundtable with the department. This included consideration of levies, taxes, and other potential mechanisms.

Council has also advocated to the federal government regarding the need for state government action on STRA, noting the federal government is responsible for housing and homelessness policy/framework and the funding that flows to the states.

In relation to strategy 16, this would require research and legal advice on the legality and impacts of placing conditions of consent on secondary dwellings to constrain use of these dwellings as STRA, as well as consideration of how this would be regulated. This work is not currently resourced.

Attachments

Nil

Ordinary

Meeting Notice and Agenda

To:

Copy:

Live Streaming of Council Meetings

Publishing of Agendas And Minutes

Ethical Decision Making and Conflicts of Interest

A guiding checklist for Councillors, officers and community committees

Ethical decision making

Conflict of interest

The test for conflict of interest

Identifying problems

Local Government Act 1993 and Model Code of Conduct

Agency advice

Disclosure of pecuniary interests / non-pecuniary interests

Agenda

Statement of Commencement of Live Streaming

Acknowledgement of Traditional Owners of Bega Valley Shire

1 Apologies and requests for leave of absence

2 Confirmation Of Minutes

3 Declarations

4 Public Forum – report by Mayor of deputations heard prior to the meeting

5 Petitions

6 Mayoral Minutes

7 Urgent Business

8 Staff Reports – Community, Environment and Planning

9 Staff Reports – Infrastructure

10 Staff Reports – Organisational Services

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 July 2025
*Item 8.1 - Attachment 2*	DRAFT Local Approval Policy presented by Cr Daly 18 December 2024

Council	23 July 2025
*Item 8.2 - Attachment 1*	Stage 1 DCP Review: subdivision standards

Council	23 July 2025
*Item 8.2 - Attachment 2*	Stage 1 DCP Review other sections combined

Council	23 July 2025
*Item 8.2 - Attachment 3*	Draft Stormwater Guidelines for Development

Council	23 July 2025
*Item 8.3 - Attachment 1*	Parking Officer Function - Community strategic values review 2025

Council	23 July 2025
*Item 8.4 - Attachment 1*	Burials on Private Land Planning Proposal

Council	23 July 2025
*Item 8.4 - Attachment 2*	Draft Burials on Private Land Policy

Council	23 July 2025
*Item 8.4 - Attachment 3*	Draft Burials on Private Land Procedure

Council	23 July 2025
*Item 8.5 - Attachment 1*	DRAFT Mumbulla Community Foundation and Bega Valley Shire Council Memorandum of Understanding 2025-2029

Council	23 July 2025
*Item 9.2 - Attachment 1*	QUAD Application 2025

Council	23 July 2025
*Item 9.2 - Attachment 2*	Coast to Kosci Application 2025

Council	23 July 2025
*Item 9.2 - Attachment 3*	No stopping signage- Bullara Street Pambula

Council	23 July 2025
*Item 9.2 - Attachment 4*	Bega Water Treatment Plant Signage - Final

Council	23 July 2025
*Item 9.2 - Attachment 5*	Sight distance design - Beach Street and Main Street, Merimbula

Council	23 July 2025
*Item 9.4 - Attachment 1*	Final Wolumla flood study report for adoption

Council	23 July 2025
*Item 9.4 - Attachment 2*	Final Wolumla flood study map compendium for adoption

Council	23 July 2025
*Item 10.1 - Attachment 1*	Local Government NSW Cost_Shifting_2025_summary_report

Council	23 July 2025
*Item 10.1 - Attachment 2*	LGNSW Cost Shifting Report 2025

Council	23 July 2025
*Item 10.3 - Attachment 1*	Proposed Memorandum of Understanding Port of Eden Cruise Promotion 2025-2029

Council	23 July 2025
*Item 10.4 - Attachment 1*	DRAFT for Public Exhibition Policy 6.23 Payment of Expenses and Provision of Facilities to Councillors exhibited 23 July 2025

Council	23 July 2025
*Item 10.5 - Attachment 1*	DRAFT for Public Exhibition Policy 1.01 Community Wellbeing exhibited 23 July 2025

Council	23 July 2025
*Item 10.5 - Attachment 2*	DRAFT for Public Exhibition Policy 1.08 Parks Aquatics and Recreation exhibited 23 July 2025

Council	23 July 2025
*Item 10.5 - Attachment 3*	DRAFT for Public Exhibition Policy 3.02 Environmental Management exhibited 23 July 2025

Council	23 July 2025
*Item 10.5 - Attachment 4*	DRAFT for Public Exhibition Policy 3.04 Biosecurity and Weed Management exhibited 23 July 2025

Council	23 July 2025
*Item 10.5 - Attachment 5*	DRAFT for Public Exhibition Policy 3.05 Environmental Sustainability for Council Operations exhibited 23 July 2025

Council	23 July 2025
*Item 10.5 - Attachment 6*	DRAFT for Public Exhibition Policy 3.13 Trees and vegetation on Council managed public land in urban areas exhibited 23 July 2025

Council	23 July 2025
*Item 10.5 - Attachment 7*	DRAFT for Public Exhibition Policy 4.09 Families and Children exhibited 23 July 2025

Council	23 July 2025
*Item 10.5 - Attachment 8*	DRAFT for Public Exhibition Policy 4.12 Environmental and Public Health exhibited 23 July 2025

Council	23 July 2025
*Item 10.5 - Attachment 9*	DRAFT for Public Exhibition Policy 4.14 Burning Off in Open Areas exhibited 23 July 2025

Council	23 July 2025
*Item 10.5 - Attachment 10*	DRAFT for Public Exhibition Policy 6.03 Risk Management exhibited 23 July 2025