1.

Apologies

There were no apologies.

2.

Confirmation of Minutes

82/25

RESOLVED on the motion of Crs O'Neil and Mudaliar

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

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

Against:                  Nil

8.1

Review of Local Approvals Policy for moveable dwellings

83/25

RESOLVED on the motion of Crs Allen and Haggar

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.

3.    That Council advocate to the NSW Government to create a mechanism for crisis housing to be defined and have similar provisions in legislation to disaster provisions relating to housing. 

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

Against:                  Nil

8.2

Comprehensive Development Control Plan (DCP) Review Stage 1

84/25

RESOLVED on the motion of Crs Nadin and O'Neil

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.

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

Against:                  Nil

8.3

Parking Enforcement

85/25

RESOLVED on the motion of Crs Porter and Nadin

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.

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

Against:                  Nil

8.4

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

86/25

RESOLVED on the motion of Crs Nadin and O'Neil

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.

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

Against:                  Nil

8.5

Memorandum of Understanding with Mumbulla Community Foundation

87/25

RESOLVED on the motion of Crs Mudaliar and Daly

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.

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

Against:                  Nil

8.6

Library Services Capital Budget

88/25

RESOLVED on the motion of Crs Allen and O'Neil

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.

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

Against:                  Nil

9.1

Bega Roosters Temporary Canteen - Invoice Payment

89/25

RESOLVED on the motion of Crs Allen and Haggar

That council:

1.    Note that no Council officers engaged or endorsed the engagement of G Lucas Constructions         for the fit out of the container that is the subject of this report

2.    Council do not pay the invoice which was not based on an endorsed procurement process by         Council

3.    Advise the Bega Roosters that Council does not wish to retain any future ownership or responsibility for the container which is the subject of this report

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

Against:                  Nil

9.2

Bega Valley Local Traffic Committee June 2025

90/25

RESOLVED on the motion of Crs Nadin and Haggar

That council deal with items 1-4 and then item 5 separately.

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

Against:                  Nil

91/25

RESOLVED on the motion of Crs Nadin and Haggar

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 – 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.

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

Against:                  Nil

A motion was moved by Crs Nadin and Porter

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 car space nearest the corner of Beach and Main Street be removed for improved sight lines and safety.

A motion was foreshadowed by Cr Haggar

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.

The motion was put to the vote and it was LOST

In favour:             Crs Nadin, Noble and Porter

Against:                  Crs Allen, Daly, Fitzpatrick, Haggar, Mudaliar and O'Neil

The foreshadowed motion became the motion and was moved by Crs Haggar and Allen

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.

The motion was put to the vote and it was CARRIED

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

Against:                  Crs Nadin, Noble and Porter

92/25

RESOLVED on the motion of Crs Haggar and Allen

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.

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

Against:                  Crs Nadin, Noble and Porter

9.3

ANZAC Day Traffic Management

A motion was moved by Cr Fitzpatrick and Haggar

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.

        d.    That staff work proactively to assist the RSL Sub Branches over the next 2 years in                           implementation to ensure volunteers are in a position to deliver on their responsibility, if                 a resource is required then a budget allocation occur.

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.

A motion was foreshadowed by Cr Porter

That this report be deferred until 20 August council meeting

The motion was put to the vote and it was CARRIED

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

Against:                  Cr Porter

93/25

RESOLVED on the motion of Crs Fitzpatrick and Haggar

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.

        d.    That staff work proactively to assist the RSL Sub Branches over the next 2 years in                           implementation to ensure volunteers are in a position to deliver on their responsibility, if                 a resource is required then a budget allocation occur.

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.

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

Against:                  Cr Porter

9.4

Wolumla Flood Study final findings

03:25 pm      Cr Porter left the meeting.

94/25

RESOLVED on the motion of Crs O'Neil and Haggar

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.

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

Against:                  Nil

Absent:                    Cr Porter

9.5

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

95/25

RESOLVED on the motion of Crs Nadin and Haggar

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

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

Against:                  Nil

96/25

RESOLVED on the motion of Crs Nadin and Haggar

1.      That Council refuse all tenders and invite fresh tenders as per s178 (3b) of the Local Government (General) Regulation 2021

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

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

Against:                  Nil

9.6

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

97/25

RESOLVED on the motion of Crs Allen and Haggar

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

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

Against:                  Nil

98/25

RESOLVED on the motion of Crs Allen and Haggar

2.    That Council accept the schedule of rates tender from Environmental Facility Services Pty Ltd         in relation to contract for the works described in Tender RFT 2425-106 for a period of two         years, for the ceiling amount of $468,291.14  (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.

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

Against:                  Nil

9.7

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

99/25

RESOLVED on the motion of Crs Nadin and Porter

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

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

Against:                  Nil

100/25

RESOLVED on the motion of Crs Nadin and Porter

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.

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

Against:                  Nil

9.8

Aircraft parking fee

101/25

RESOLVED on the motion of Crs Porter and Daly

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.

5.    That in the aircraft parking fees and charges per day rates  per day shall be taken to mean a full 24 hour period

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

Against:                  Nil

10.1

Local Government NSW Cost Shifting Report

102/25

RESOLVED on the motion of Crs O'Neil and Nadin

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.

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

Against:                  Nil

10.2

Local Government NSW (LGNSW) Conference 2025

103/25

RESOLVED on the motion of Crs Nadin and Noble

It is recommended that Council endorse the Mayor, Cr Daly, Cr Porter, Cr Haggar and the Chief Executive Officer to attend the 2025 LGNSW Annual Conference to be held from 23 – 25 November 2025.

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

Against:                  Nil

A motion was moved by Crs Nadin and Noble

That the voting delegates for the 2025 LGNSW Annual Conference be the Mayor, Crs Daly and Porter

A motion was foreshadowed by Cr Allen

That the voting delegates for the 2025 LGNSW Annual Conference be the Mayor, Crs Daly and Haggar

The motion was put to the vote and it was LOST

In favour:             Crs Nadin, Noble and Porter

Against:                  Crs Allen, Daly, Haggar, Mudaliar and O'Neil

Abstained:             Cr Fitzpatrick

The foreshadowed motion became the motion and was moved by Crs Allen and Haggar

That the voting delegates for the 2025 LGNSW Annual Conference be the Mayor, Crs Daly and Haggar

The motion was put to the vote and it was CARRIED

In favour:             Crs Allen, Daly, Haggar, Mudaliar and O'Neil

Against:                  Crs Nadin, Noble and Porter

Abstained:             Cr Fitzpatrick

104/25

RESOLVED on the motion of Crs Allen and Haggar

That the voting delegates for the 2025 LGNSW Annual Conference be the Mayor, Crs Daly and Porter

In favour:             Crs Allen, Daly, Haggar, Mudaliar and O'Neil

Against:                  Crs Nadin, Noble and Porter

Abstained:             Cr Fitzpatrick

10.3

Cruise Eden Memorandum of Understanding

03:56 pm      Cr Nadin left the meeting.

03:58 pm      Cr Nadin returned to the meeting.

105/25

RESOLVED on the motion of Crs Mudaliar and Daly

1.    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.

2.    That council advocate to Destination NSW to financially contribute an equivalent amount to         the existing parties to the MoU to support the cruise sector

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

Against:                  Nil

10.4

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

106/25

RESOLVED on the motion of Crs Nadin and Noble

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.

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

Against:                  Nil

10.5

Policy review (batch 2)

107/25

RESOLVED on the motion of Crs O'Neil and Haggar

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.

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

Against:                  Nil

10.6

Policy review (batch 3)

108/25

RESOLVED on the motion of Crs O'Neil and Nadin

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.

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

Against:                  Nil

10.7

Code of Meeting Practice

109/25

RESOLVED on the motion of Crs Porter and Haggar

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.

  3. That prior to exhibition:

        Clause 4.32 be modified as follows:

        If the petitioners sign the petition by accessing a website hosting the petition, it is considered         an e-petition. An e-petition can be accepted if it meets the criteria with the exception of         point e below

        Clause 4.33 be modified as follows:

        Remove “signature and date of signature” from point d), renumber points e) and f) to points         f) and g) and create a new point e) which says: e) a signature

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

Against:                  Nil

10.8

Small sites electricity agreement options

110/25

RESOLVED on the motion of Crs Nadin and Porter

1.    That Council endorses the recommendations detailed in the confidential memorandum.

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

Against:                  Nil

111/25

RESOLVED on the motion of Crs Nadin and Porter

1.    That authority be delegated to the Chief Executive Officer to enter into contract negotiations with Shell Energy under the established Buy NSW 3062 Agreement.

2.    That authority be delegated to the Chief Executive Officer to execute all necessary documentation, approve contract variations within the allocated budget, and authorise contract extensions in accordance with the terms of the agreement.

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

Against:                  Nil

10.9

Lease to Bega Volunteer Rescue Association

112/25

RESOLVED on the motion of Crs Allen and Haggar

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.

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

Against:                  Nil

10.10

Audit, Risk and Improvement Committee Quarterly Report June 2025

113/25

RESOLVED on the motion of Crs Nadin and O'Neil

That Council receive and note the Audit, Risk and Improvement Committee (ARIC) quarterly report from the June 2025 meeting.

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

Against:                  Nil

10.11

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

114/25

RESOLVED on the motion of Crs Porter and Nadin

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.

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

Against:                  Nil

10.12

Certificate of Investment June 2025

115/25

RESOLVED on the motion of Crs Nadin and Noble

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.

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

Against:                  Nil

13.1

Development Application Fees and Developer Contributions

Cr Daly withdrew the 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

15.1

Cr Porter - Interest charged on rates and water notices

A response to Cr Porter’s Question without Notice was provided in the Ordinary Council Meeting Agenda of 23 July 2025 with the response as follows:

In response to the query regarding compliance with Section 127(f) of the Local Government (General) Regulation 2021 (NSW), this section requires that the annual rates and charges notice must include:

“Particulars of any outstanding arrears of rates and charges levied on the land and of any interest payable on those amounts”.

Our current practice aligns with this requirement. Any arrears are clearly identified on the annual notice as a “balance brought forward” line item, any interest charged forms part of these balance. These arrears are listed separately from current rates and charges and are clearly marked as due immediately.

A review of other councils’ practices confirms that this approach is consistent across the sector. For example, Kempsey Shire Council provides a public guide on how to read their rates notice, which similarly highlights arrears as a distinct and clearly labelled item. How to read your rates notice & water meter - Kempsey Shire Council working with the Macleay Valley community (nsw.gov.au).

It is also important to clarify that Section 127 applies only to the annual rates and charges notice. It does not extend to instalment notices, water notices, or other statements issued throughout the year.

If there is interest, we can work with communications team to develop a “How to Read Your Rates Notice” guide for our website, similar to what other councils have done. This could help further improve clarity and community understanding.

15.2

Cr Porter - Interest charged on rates and water notices

Cr Porter asked is council able to place the particulars of any interest charged on rates and water notices and statements?
That is, when interest is changed to a ratepayer, there will be a line item on the next rates/water notice or statement that shows with transparency that interest has been charged, the amount of interest and what period it’s for.
Can this be done administratively or do we need a notice of motion, if so what cost is involved?

Chief Executive Officer, Mr Anthony McMahon took the question on notice.

15.3

Cr Nadin - Federal Government building houses

Cr Nadin noted the Federal government has said they want to build over 2 million houses in NSW. Can council write to the local MP and ask how many are expected to be built here in the Bega Valley Shire?

Chief Executive Officer, Mr Anthony McMahon advised yes.

15.4

Cr O'Neil - Compliance notice of intent

Cr O’Neil asked how many compliance notice of intents have been issued this half year (January-June 2025) and what are the major areas of compliance activities?

Director Community, Environment and Panning, Mrs Emily Harrison advised staff are currently working on a register to be able to report on numbers and category. Notice of Proposed Order (NOPO), and also final Orders issued. We are considering what information will be provided in the quarterly updates on the delivery program. The goal is in the first quarterly update we will be able to provide that data. The data will be provided to Councillors.