Agenda of Council - Wednesday, 20 August 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

20 August 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 July 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

5.1 Petition response - Tiny homes on wheels.................................................................................. 9

6 Mayoral Minutes

7 Urgent Business

8 Staff Reports – Community, Environment and Planning

8.1 Proposed alterations and additions to an existing caravan park and addition of 110 long term sites and a community building and facilities................................................................................. 11

8.2 RFT 2425-015 Design and Construct Weighbridge - Central Waste Facility Outcome and Next Steps..................................................................................................................................................... 225

8.3 Correction to Fees and Charges document to reflect adopted Local Infrastructure Contributions Plan............................................................................................................................................. 229

8.4 Affordable Housing Strategy implementation progress report........................................... 294

9 Staff Reports – Infrastructure

9.1 Bega Valley Local Traffic Committee 1 July 2025................................................................... 313

9.2 Community halls maintenance and renewal program for delivery in the 2025-26 financial year 370

9.3 Merimbula Airport Stage Two Runway Starter Extensions.................................................. 375

9.4 Public exhibition of draft design concepts for Cuttagee Bridge.......................................... 383

10 Staff Reports – Organisational Services

10.1 Report on implementation of Council's Operational Plan................................................... 390

10.2 Policy review (batch 4)................................................................................................................ 458

10.3 Notice to the Minister of Council's employed native title managers................................. 588

10.4 Licence to Bega Valley Genealogy Society Incorporated...................................................... 596

10.5 Carry Forwards, Revotes and Budget allocations at End of Financial Year 2025............. 622

10.6 For Adoption Policy 6.01 Governance - Amendments from Public Submission............... 632

10.7 Disposal of Lot 17 DP 862638 at Stringybark Place, Millingandi......................................... 646

10.8 Customer Experience Framework............................................................................................. 651

10.9 Certificate of Investment July 2025.......................................................................................... 758

11 Councillor Reports

12 Rescission/Alteration Motions

13 Notices of Motion

13.1 Right to peaceful protest............................................................................................................ 765

14 Questions with Notice

14.1 Cr Haggar - Is Council taking any measures to research and prepare for impacts from climate change events?......................................................................................................................... 767

14.2 Cr O'Neil - Cuttagee Bridge Restoration and Tathra-Bermagui Road erosion concerns. 769

15 Questions without Notice

15.1 Cr Porter - Interest charged on rates and water notices...................................................... 773

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........................... 773

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 20 August 2025

Item 8.1

8.1. 2024.188 Proposed alterations and additions to an existing caravan park and addition of 110 long term sites and a community building and facilities

Director Community Environment and Planning

Applicant	Culars No 2 Pty Ltd
Owner	Culars No 2 Pty Ltd
Site	Lot 1451 DP1152678 - 3211 Princes Highway, Millingandi
Zone	SP3 Tourist, C2 Environmental Conservation and C3 Environmental Management
Site area	9.907 hectares
Proposed development	Proposed alterations and additions to an existing caravan park and addition of 110 long term sites and a community building and facilities

Precis

This application is being reported to Council in accordance with Procedure 3.01.01 - Reporting of Development Applications to Council, as more than 10 unique submissions by way of objection were received in relation to the proposal. It is recommended that the application be approved subject to conditions of consent included as Attachment 1 to this report.

Officer’s Recommendation

1. That Development Application 2024.188 for alterations and additions to an existing caravan park to provide for a total of 164 long term sites and a new community building and facilities on the site be approved subject to the draft conditions of consent (Attachment 1).

2. That people who made a submission be notified of the determination.

Executive Summary

The development application is being reported to Council for determination in accordance with Council Procedure 3.01.01 - Reporting of Development Applications to Council as more than 10 unique submissions by way of objection being received during the notification process of the development application.

The proposal has been assessed under Section 4.15 of the Environmental Planning and Assessment Act 1979. The assessment of the application has considered all relevant sections of the Bega Valley Local Environmental Plan (BVLEP 2013), Bega Valley Development Control Plan 2013 (BVDCP 2013), and relevant State Environmental Planning Policies and provisions of the Local Government (Manufactured Home Estates, Caravan Parks, Camping Grounds and Moveable dwellings) Regulation 2021.

The assessment has identified no variations proposed to the provisions of BVLEP 2013 or BVDCP 2013 and the proposal is considered reasonable within the context of the site and its surrounds. All applicable Integrated Approvals have been received from relevant state agencies.

The development is consistent with Council’s Local Strategic Planning Statement (LSPS) that advocates for dwelling diversity and is consistent with the principles contained within Clause 3 of State Environmental Planning Policy (Housing) 2021 (Housing SEPP).

The proposal will provide land lease living opportunities providing alternative and affordable housing opportunities in the area, which is identified as a significant issue in the Bega Valley Shire – Affordable Housing Strategy (2022) which seeks to Increase opportunities for long-term and permanent sites in caravan parks and Manufactured Housing Estates.

The proposed development is recommended for approval, subject to the conditions of consent provided in Attachment 1.

Background

A previous Development Application (DA2007.291) for the conversion of 100 sites to long term was approved under delegation on 22 April 2008. That consent was never activated and lapsed on 22 April 2013.

More recently, a previous Development Application (DA2022.265) that consisted of an additional 139 long term sites and retaining 30 camp sites was withdrawn on 23 May 2023 due to the lack of supporting documentation and specialist reports.

The current DA under consideration (DA2024.188) was submitted seeking approval for an additional 110 long-term sites. The application was initially assessed, and concerns raised with the applicant regarding design issues and requests for additional information from Transport for NSW.

The applicant has provided amended plans and concept civil design that are now before Council for consideration.

The revisions from the originally submitted plans (see Figures 1, 2 and 3 below), include but are not limited to:

· upgrade to Greenpoint Road and transfer the Crown Road to Council as it is already in Council’s asset register as a Council Maintained B Class Crown Road up to Chainage 710

· biodiversity mapped area increased and the report was required to be updated to demonstrate a Biodiversity Development Assessment Report was not required

· concept Civil Design provided for the intersection upgrades between the Princes Highway and Greenpoint Road

· concept Civil designs provided for the driveway intersection upgrades between Greenpoint Road and the new access points to the Caravan Park

· revised landscape plan to include fencing to the northeastern boundary of the caravan park to the extent of the mangrove community, showing the access track to the lake and including a notation to ensure that the two hollow-bearing trees outside of the site are to be retained

· the northern 100m of the site to remain undeveloped and to serve as an Archaeological Conservation Zone to preserve the highest artefact density within the site.

A full copy of Development Plans is included as Attachment 2 to this Report.

Figure 1 – Original Submitted Site layout masterplan.

Figure 2 – Revised Site layout plan – Riparian areas

Figure 3 – Revised Landscape Plan

Figure 4 – Community Building Concept

Description of the Proposal

The current proposal under consideration is for proposed alterations and additions to an existing caravan park for an addition of 110 long term sites to the existing 54 long-term sites and a community building and facilities. The existing 54 short-term and camping sites currently available on the site are proposed to be removed and replaced with the additional long-term sites.

The development will include the construction of internal roads and services to support the additional development. Civil infrastructure design shall be in accordance with Local Government (Manufactured Home Estates, Caravan Parks, Camping Grounds and Moveable dwellings) Regulation 2021.

See Attachment 2 – Proposed Plans

Vehicular access to the site is proposed via an upgrade to the intersection of the Princes Highway and Green Point Road and would also include an upgrade of Green Point Road to the modified access points into the site. Transport for NSW has provided comments to update the strategic design for Green Point Road that will be included as a condition of consent.

The development proposes land lease arrangements which are administered under the (Residential Land Lease) Communities Act 2013 which allows residents to occupy under a site agreement. This is the same arrangement for the existing long-term sites in the Merimbula Lake Village and the adjoining Acacia Ponds.

These site agreements have terms less than 5 years but do allow ongoing tenure for residents. They do not trigger the requirements for registered leases which would require a subdivision plan for lease purposes to be approved by Council.

Description of the site

The site covers an area of 9.907 hectares with a gentle slope down to the lake and adjoining riparian corridors to the northwest and southeast of the site (see Figures 4 and 5). The proposed footprint of the Caravan Park covers an area of approximately 5.2 hectares of mostly cleared vacant land (see Figure 6). Several exotic trees are located on the property that are proposed for removal.

The site retains an existing Caravan Park and includes various Long-term sites and camping areas that either retain dwellings or are vacant with access to internal roads and services. There is a large area within the central area of the site that it retained for the existing on-site sewerage management system irrigation area.

The site is generally viewed from Green Point Road and parts of the Princes Highway. Existing vegetation along the Highway and Green Point Road will remain and provide filtered views over the site.

The site is surrounded by various residential developments with the Acacia Ponds Lifestyle Village located to its northeast and to the east, south and west be varying sized rural residential properties that generally retain single dwelling houses and associated structures.

The site adjoins Merimbula Lake foreshore on the northern boundary that is characterised wetland plant vegetation communities.

The current access into the site is via Green Point Road adjacent with the intersection with the Princes Highway.

Figure 4 – Locality plan

Figure 5 – View from Princes Highway over the site

Figure 6 – View Northwest end of site looking Southwest

Planning Assessment

The proposal has been assessed in accordance with the matters for consideration under Section 4.15 of the Environmental Planning and Assessment Act 1979 (see Attachment 3). Submissions were received during the notification process. Those submissions are discussed further in this report and detailed in the Section 4.15 Assessment.

Bega Valley Local Environmental Plan 2013

The development has been assessed in accordance with the relevant provisions of Bega Valley Local Environmental Plan (BVLEP) 2013.

The land is zoned SP3 Tourist, C2 Environmental Conservation and C3 Environmental Management under BVLEP 2013 (See Figure 7 below).

The proposed development is defined as alterations and additions to an existing caravan park and is a permissible land use within the SP3 Tourist Zone under BVLEP. The proposal is not inconsistent with the aims and objectives of the SP3 Tourist Zone, which is to provide for a variety of tourist-orientated development and related uses.

The loss of 54 short-term sites is not expected to result in significant reduction of tourist accommodation in the area. The site is not in the high demand tourism areas along the coastline and where better access to waterways, etc., is available. The patronage of the camp sites has reduced over recent years with competing farm stay accommodation and the like taking up more of the demand.

The proposal is compliant with all development standards applying to the site including height of buildings and is considered to be consistent with all relevant sections for consideration of BVLEP 2013 including Height of Buildings where the proposed Community Building and facilities are below the 10 metre height limit for the site.

Figure 7 - Zoning Map (Site highlighted Red)

Caravans and moveable dwellings can be installed within this zone in accordance with the provision of the Local Government (Manufactured Home Estates, Caravan Parks, Camping Grounds and Moveable Dwellings) Regulation 2021.

These site agreements have terms less than 5 years but do allow ongoing tenure for residents. They do not trigger the requirements for registered leases which would require subdivision.

Bega Valley Development Control Plan 2013

The development plans are consistent with design, amenity and environmental objectives of the Bega Valley Development Control Plan 2013 (BVDCP 2013). The overall number of additional long-term sites are appropriately setback from roads and adjoining residential properties.

The proposal incorporates a variety of long-term site sizes with north facing aspects for adequate solar access. The community facility has been designed to comply with accessible requirements and conditions are to be included in the consent to ensure this.

An Aboriginal Cultural Heritage Assessment Report (ACHAR) has been prepared by Dr Julie Dibden of New South Wales Archaeology, dated 15 February 2024. The ACHAR provides greater detail on the Aboriginal materials present on the site and within the study area. A response has been received from Heritage NSW as part of the assessment process and conditions of consent are recommended to ensure all works are carried out in accordance with the recommendations of the submitted ACHAR to ensure compliance with the provisions of the National Parks and Wildlife Act 1979 in respect to Aboriginal Archaeology.

The potential for flooding impacts has been suitably detailed in the application and reviewed by Council’s assessment officers. The lower areas of the site that adjoin wetland areas and watercourses are mapped as flood prone which incorporate consideration of high tide and local rainfall events. Council staff are satisfied that the development proposal has examined the Merimbula and Back Lake Flood Study from 2017 and has allowed for all sites to be established above the maximum identified 1% AEP flood level of 3.0m AHD and would be flood free in that design flood event.

The proposed new community clubhouse is located on land above the 3.0m AHD contour and the proposed connecting road system will provide flood free access to Green Point Road and the Princes Highway. The proposal includes provision for the appropriate management and protection of riparian areas and wetlands.

Options

1. Approve the Development Application subject to the recommended conditions of consent provided in the Draft conditions of Consent at Attachment 1. This is the recommended option.

2. Defer consideration of the matter and request a separate report identifying any relevant Section 4.15 Matters for Consideration and draft reasons for refusal.

3. Defer consideration of the matter and seek an alternative design to address any additional concerns raised.

Community and Stakeholder Engagement

Engagement undertaken

The application was notified for two periods in accordance with Council’s Community Participation Plan (which forms part of Council’s Community Engagement Strategy). The catchment area for notification was extended beyond adjacent and adjoining properties given the scale of the development.

The development application including plans and supporting information was notified from 25 September 2024 until 24 October 2024. A total of 17 submissions were received.

A full copy of submissions has been uploaded to the Councillor portal for information.

The issues raised in submissions have been detailed in the Section 4.15 assessment (see Attachment 3) with a summary of the key objections raised detailed below.

Design

Concerns were raised regarding general design elements of the development including: overall bulk and scale, impact on the streetscape, appropriate character, form, context and articulation of the development, loss of tourist accommodation, effect on the sensitive lake environment (a declared Nationally Important Wetland), use of foreshore, development in an area with 88B instrument restricting development, stormwater controls, sensitive environment and pets, Aboriginal birthing tree, street lighting – light pollution, fire system, and land lease housing.

Staff comment: The proposed development site is currently zoned as SP3 and retains an existing Caravan Park. The site is large and is considered underutilised as a large area is currently restricted due to the need for On-site effluent disposal. The site is generally clear of any vegetation and the proposed layout and increase in long term sites is restricted to areas of the site that address many of the concerns raised in submissions, including the provision of appropriate setbacks to sensitive lake and watercourse environments, providing suitable management measures to the use of the adjoining foreshore area, provisions for control of pets, management of Aboriginal heritage and other site restrictions including those that are in favour of Council when the land was previously subdivided.

The Caravan Park provides for large areas of communal space and facilities in the order of 11% of the caravan park area and includes a range of facilities for the community including clubhouses, barbecue areas, meeting/activity rooms, pools, sports areas, and large garden spaces that would meet the needs of its occupants.

The assessment has considered the potential visual impact from adjoining and nearby public vantage points noting that the increase in long term sites would be generally screened from the Princes Highway and landscaping will help soften the site when established.

Amenity

Concerns were raised in submissions regarding a range of amenity considerations including potential loss of privacy – visual and acoustic, appropriate available open space for dwellings, potential overshadowing and solar access issues, availability of suitable internal facilities, accessibility and appropriate setbacks to adjoining properties.

Staff comment: The proposed sites are all larger than the minimum requirement of 80m2 in area, as required by Section 85 of the Local Government (Manufactured Home Estates, Caravan Parks, Camping Grounds and Moveable Dwellings) Regulation 2021, ranging from 180m2 to 383m2. This is demonstrated in Attachment 2 Proposed Development Plan.

Infrastructure

Concerns were raised regarding the management of car parking and traffic generated by the development and structural integrity and risk for adjoining properties.

Staff comment: Some concerns raised in submissions relate to the provision of car, boat and trailer parking spaces. The design provides more than the minimum car parking requirements in accordance with the Local Government (Manufactured Home Estates, Caravan Parks, Camping Grounds and Moveable Dwellings) Regulation 2021 (LG Regulation). The Plan of Management states that ‘Parking of caravan boats and other trailers will not be permitted, and residents will be directed to available commercial storage facilities in the area’. There is no requirement that the Caravan Park provides parking for boats, trailers and additional caravans that the residents wish to have.

The proposed works to upgrade a 6m wide sealed section with parking bays for internal access roads have been assessed by Council officers and are considered appropriate for the level of increase in traffic subject to conditions of consent for upgrading construction works. The application was also reviewed by Transport for NSW given the site’s location and access intersection of Green Point Road onto the Princes Highway.

Engagement planned

People who made a submission will be notified of Council’s resolution, however no further engagement is planned. The determination will be placed on Council’s DA Tracker as per Council obligations under the Environmental Planning & Assessment Act 1979 and Regulations 2021.

Referral Responses

The development has been referred to internal subject matter experts and state agencies. Responses have been received from Essential Energy, Heritage NSW, NSW Rural Fire Service, DPE Water and Transport for NSW who do not raise any objection to the development subject to their written advice or General Terms of Approval. These have been incorporated into the notice of determination for the development (see Attachment 1 – Draft Conditions of Consent).

Summary

The current submitted plans for Council consideration (Attachment 2) do not require any variations under Bega Valley Local Environmental Plan 2013 (BVLEP 2013) or Development Control Plan 2013 (BVDCP 2013). The design is considered appropriate within the context of the site, surrounding land uses and the overall strategic directions within the Local Strategic Planning Statement (LSPS) and is consistent with the principles contained within Clause 3 of the State Environmental Planning Policy (Housing) 2021 (Housing SEPP).

The proposal will provide land lease living opportunities providing alternative and affordable housing opportunities in the area, which is identified as a significant issue in the Bega Valley Shire Affordable Housing Strategy (2022) which seeks to ‘Increase opportunities for long-term and permanent sites in caravan parks and Manufactured Housing Estates’.

Concerns raised in submissions have been detailed and addressed. The design changes undertaken by the applicant to reduce the overall number of long-term sites from the previous DA and limit access to sensitive areas for biodiversity and Aboriginal conservation reasons has addressed many of the initial concerns raised in submissions for the original submitted plans.

Financial and Resource Considerations

Assessing proposals for development is part of the regular business of Council and resourcing to undertake that function is included in Council’s adopted annual Budget.

Legal /Policy

The proposal complies with relevant provisions under BVLEP 2013, BVDCP 2013 and relevant State Environmental Planning Policies. The application has demonstrated that it complies with the provisions of Local Government (Manufactured Home Estates, Caravan Parks, Camping Grounds and Moveable Dwellings) Regulation 2021.

Refusal of the development application could be subject to an appeal in the Land and Environment Court, which would have cost implications to defend Council’s position.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

The application is consistent with Themes in the Community Strategic Plan 2042 – 2025 Revision and in particular themes A, C and D:

· Our Community: A connected and vibrant community where people are happy, safe and well. Strategic objectives: Our Shire continues to be a safe and affordable place to live.

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

· C. Our environment: Our air and water are clean, and our natural environment and rural landscapes are protected. Strategic objectives: We are leaders in sustainable living and support innovative approaches to resource use and sustainable design principles

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

· D. Our infrastructure: Our infrastructure meets community needs. Strategic objectives: Our transport networks support our community to work, learn and socialise.

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

The application is consistent with Directions 24 and 45 of the South East and Tablelands Regional Plan 2036:

· Direction 24: Deliver greater housing supply and choice

· Direction 25: Focus housing growth in locations that maximise infrastructure and services.

The current development plans are consistent with the Bega Valley Residential Land Strategy 2040 development principles. The proposed development involves sites for residential development that will allow for diversity and affordability in housing choices adjacent to a similar style of development where sites are at full capacity. Infrastructure and services to support the additional 110 sites will reduce environmental risks from sewage managed on-site by connecting to Council reticulated sewer system. The site is in close proximity to all services that are available in the nearby town centres such as Pambula and Merimbula.

Environment and Climate Change

This application, if approved, will not have any additional adverse impacts on the environment or climate change. The development is not inconsistent with Environmentally Sustainable Design Principles with the site retaining good solar access and the community building meeting the provisions of State Environmental Planning Policy (Sustainable Buildings) 2022.

The proposed community building has been designed above 3.0 m AHD at 4.25m AHD level for flood and coastal risk mitigation.

The design has considered the environmental constraints located on and adjacent to the site. The removal of the existing On-site Sewerage Management System and connection to the Council reticulated sewer system would provide improved environmental outcomes and protection of Merimbula Lake.

Economic

The proposed development will contribute to the economy of the wider Merimbula/Pambula area. It is considered that utilising this large SP3 Tourism zoned land for additional long-term sites would be the best economic use of the land, as envisaged by the Residential Land Strategy and therefore the proposed development is suitable for the reasons outlined in this report.

Risk

The assessment of development applications is a core function of Council. There are no material impacts on Council’s operations associated with determination of the proposed development. Refusal of the development application could be subject to an appeal in the Land and Environment Court, which would have cost implications to defend Council’s position.

Social / Cultural

This application, if approved, will improve the existing housing options available within the Bega Valley Shire by providing additional long-term sites. More opportunity for housing options will contribute to the broader social and cultural environment of Millingandi and nearby towns.

Attachments

1 ⇩. Draft Notice of Determination

2 ⇩. Proposed Development Plans

3 ⇩. Section 4.15 Assessment Report

Council	20 August 2025
*Item 8.1 - Attachment 3*	Section 4.15 Assessment Report

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Council 20 August 2025

Item 8.2

8.2. RFT 2425-015 Design and Construct Weighbridge - Central Waste Facility Outcome and Next Steps

This report aims to provide an update on the outcome of RFT 2425-015 Design and Construct Weighbridge – Central Waste Facility and resolve on next steps.

Director Community Environment and Planning

Officer’s Recommendation

1. That Council notes the outcome of negotiations for RFT 2425-015 Design and Construct Weighbridge – Central Waste Facility.

2. That due to the outcomes of the previous tender process demonstrating the unavailability of competitive or reliable tenderers, Council endorses staff to request a proposal from the supplier identified in the confidential attachment in accordance with s55(3)(i) of the Local Government Act 1993, with the intention to award a contract, subject to variations and provisional sums.3. That authority is delegated to the Chief Executive Officer to award a contract and execute all necessary documentation.

Executive Summary

Council was presented with the evaluation of Tender RFT 2425-015 Design and Construct Weighbridge – Central Waste Facility (CWF) at the 18 December 2024 Council meeting. Council resolved to negotiate with the preferred tenderer, and delegated authority to the CEO to finalise an outcome. Despite significant effort on the part of Council and the preferred tenderer, the negotiations did not reach an agreed position, and a contract could not be awarded.

Despite negotiations not reaching an agreed position, Council is still obligated to install a weighbridge. This is an important part of the new Organics Processing Facility (OPF) to manage the operational integration and traffic impacts of the new facility.

The timing of this procurement is beneficial so there are minimised conflicts with the construction of the proposed Organics Processing Facility, expected to commence in 2026.

Background

Tender RFT 2425-015 Design and Construct Weighbridge – Central Waste Facility was released in 2024 with a view to enter into a contract and complete works prior to May 2025. The tender resulted in only non-conforming proposals. Following evaluation, a preferred tenderer was identified, and at the Council meeting on 18 December 2024, Council resolved to delegate responsibility to the CEO to enter negotiations to overcome the non-conformances and finalise a contract. Attachment 1 (confidential) to this report addresses the circumstances surrounding the negotiations and why a final contract could not be agreed.

The construction of the weighbridge was originally eligible for grant funding under the NSW EPA’s Bushfire Recovery Program for Council Landfills. This grant was finalised in May 2025. As a result of the delay the weighbridge must now be funded by Council sourced funds, which were confirmed as part of the 2025-26 Capital Works budget approved by Council in June 2025.

Relevant to the consideration, when establishing the first weighbridge at the CWF in 2013 Council’s tender resulted in a similar result: several non-conforming tenders. Notably, three (3) out of the four (4) tenderers in 2024 also submitted non-conforming tenders in 2013.

Options

The options for resolving RFT 2425-015 under the Local Government (General) Regulations 2021 have been exhausted. Council’s options for proceeding with the works now fall under the Local Government Act 1993.

Option 1 (recommended): Council has the option to apply an exemption to tendering the proposed contract under clause 55(3)(i) of the Act:

“a contract where, because of extenuating circumstances, remoteness of locality or the unavailability of competitive or reliable tenderers, a council decides by resolution (which states the reasons for the decision) that a satisfactory result would not be achieved by inviting tenders,”

Due to receiving no conforming tenders in 2024, and several non-conforming tenders from many of the same companies in 2013, it is recommended that Council should support an exemption to the tendering requirement and resolve to support a direct approach. This option would see Council seek a proposal directly from an identified supplier to undertake the necessary works to design and construct a second weighbridge at the CWF. This process would still be carried out in accordance with sound procurement and probity principles including a scored value for money evaluation performed by a panel under the guidance of Council’s procurement section.

The recommendation to delegate responsibility to the CEO to award a contract and execute all necessary documentation is consistent with the Act, where only tenders need to be awarded by Council.

Attachment 2 (confidential) to this report provides company information and background for the supplier from whom Council wishes to seek a proposal.

Option 2 (not recommended): Council has the option to re-tender the proposed contract, seeking new proposals as an open tender. Due to the previous tender outcomes, this is not the recommended option.

Community and Stakeholder Engagement

The project to establish a second weighbridge at the CWF is considered Low Community Scale and Low Community Impact under the IAP2 framework. There is only a need to inform impacted stakeholders. This is generally confined to internal staff, visitors and customers to the CWF.

Engagement undertaken

A full tender process was undertaken in 2024 however a contract was not awarded as explained above. Internal waste and recycling staff have been informed of the project and its impacts.

Engagement planned

Customers and visitors to the CWF may be impacted as they move through the site, both during construction and following any changes to their use of the site once the weighbridge is completed. All such customers and visitors will be informed of these impacts prior to the commencement of any works.

Financial and Resource Considerations

The funds for the project have been approved in the FY 2025-26 capital works budget adopted in June 2025, and as detailed in the confidential memorandum at Attachment 2.

Legal /Policy

Clause 55(3)(i) of the Local Government Act 1993 allows Council to apply an exemption to tendering in the following circumstance:

The Local Government (General) Regulation 2021 NSW Part 7 outlines Council options in dealing with tenders.

Further to the legislative considerations outlined in the options section of the report, Council has entered into a contract for the design, construction, operation and maintenance of a new Organics Processing Facility at the CWF. That project has progressed significantly, and a Development Application is expected to be determined this calendar year.

The design for the facility includes a second weighbridge at the CWF gatehouse to manage the operational integration and traffic impacts of the new OPF. Council is contractually obligated to instal this second weighbridge.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

This project aligns with Council’s adopted Waste Strategy 2025-2035, Resources Not Waste, actions G and H which focus on developing the Central Waste Facility as a resource recovery precinct and construction of a new Organics Processing Facility.

It also supports Council’s Delivery Program Action C3.1 - Implement the Waste Strategy through delivery of efficient waste collection, waste disposal and recycling services and manage waste services related infrastructure.

Furthermore, the project also aligns with Council’s adopted Community Strategic Plan (2025 Revision) action D.1 - Plan and provide for waste, water, sewerage and stormwater infrastructure and services that will meet current and future needs.

Environment and Climate Change

Installation of a second weighbridge allows Council to maintain far greater oversight of flow of material to and from the Central Waste Facility – particularly recovered material. This will be especially important as the CWF transitions further towards resource recovery (as opposed to landfilling).

Furthermore, the second weighbridge would provide significant improvements to monitoring and reporting on Council’s environmental footprint to the NSW EPA, through improve data gathering.

Economic

Accurate recording and the subsequent charging of waste and recovered material will directly influence waste generators who use Council’s facilities. As the new Organics Processing Facility comes online, the new weighbridge will be pivotal in accurately recording and charging for outgoing recovered organics products.

Risk

A second weighbridge is required before a new Organics Processing Facility is constructed to meet Council’s contractual obligations. The proposed procurement pathway mitigates further delays to the project and provides the flexibility to directly engage and negotiate a value for money proposal with a known supplier.

Social / Cultural

There are no relevant social or cultural impacts related to this project.

Attachments

1 . Confidential Memorandum - RFT 2425-015 Negotiation Outcome (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.

2 . Confidential Memorandum - Identified supplier for the design and construction of a second weighbridge at the Central Waste Facility (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 20 August 2025

Item 8.3

8.3. Correction to Fees and Charges document to reflect adopted Local Infrastructure Contributions Plan

This report seeks a correction to the adopted 2025-26 Fees and Charges for Local Infrastructure Contributions.

Director Community Environment and Planning

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 18 September 2025.

4. Notes a further report will be provided to Council 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 fees for local infrastructure contributions (also known as developer contributions) not being updated correctly. This report seeks to correct this error.

Background

On 14 August 2024 Council resolved to adopt a new Bega Valley Shire Local Infrastructure Contribution Plan 2024-2036 (contribution plan) which came into effect on 4 September 2024. The new plan replaced the previous contribution plan that had been in effect since 2014 and was based on an updated methodology for apportioning contributions.

Council adopted the 2025-26 Fees and Charges at the 23 June 2025 Council meeting. Page 47 of the adopted document states that the fees for ‘Developers Contribution’ are ‘As per developers contribution plan adopted 4 September 2024’. However, through an administrative error, the fees for developer contributions were not updated to reflect the new Local Infrastructure Contribution Plan, instead, 4.1% indexation was applied to the rates from the 2024-25 Fees and Charges for developer contributions.

The proposed amendment to the 2025-26 Fees and Charges corrects the error to provide clarity and certainty to the community and Council and ensure that the rates in the adopted plan are correctly indexed.

Adopted 2024-25 Fees and Charges

Adopted 2025-26 Fees and Charges

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Adopted Local Infrastructure Contribution Plan

Table 1: Contribution rates, as at August 2024
Type	Development description	Contribution type & rate
Development on any land in the Bega Valley local government area
1	Subdivision that does not involve building work but creates a lot with a dwelling entitlement.	s7.11 contribution^{^[1]} $10,761 / additional lot below 550 m2 $16,010 / additional lot 550 m2 and over
2	Residential accommodation that will result in a net increase in the number of dwellings on the development site.	s7.11 contribution $9,121 / additional 0-1 bed dwelling $10,761 / additional 2-bed dwelling² $16,010 / additional 3+ bed dwelling²
3	Development for any purpose that: will not result in a net increase in the number of dwellings on the development site (for example, alterations, and additions to an existing dwelling), and the development cost is $100,000 or more, determined in accordance with s2.3 of this plan.	s7.12 levy 0.5% of the development cost if the cost is between $100,000 and $200,000; 1% of the development cost if the cost is over $200,000. Development cost determined per s2.3 of this plan
4	Development that includes a mix of Type 2 and Type 3 development.	per Type 2 A s7.11 contribution is required for the Type 2 component only. A s7.12 levy is not required for the Type 3 component.

Proposed Amendments to adopted 2025-26 Fees and Charges

It is proposed to delete the Developers Contribution section on page 47 of the adopted 2025-26 Fees and Charges document and replace with the following:

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Options

Option 1: Amend the fees as outlined in this report to provide clarity in the application of the fee and the correct indexation, and to ensure the Fees and Charges document aligns with the adopted Local Infrastructure Contributions Plan. This is the recommended option.

Option 2: Not amend the fees and continue to receive contributions as per the August 2024 amounts. This option is not recommended as it does not align with the adopted Local Infrastructure Contributions Plan, will result in confusion about the current rates, and result in a shortfall in revenue for funding important community infrastructure.

Community and Stakeholder Engagement

Engagement undertaken

Council previously exhibited the 2025-26 Fees and Charges for 28 days prior to adoption.

Engagement planned

Council will exhibit the revised 2025-26 Fees and Charges for 28 days and should no submissions be received regarding the proposed amendment, then the revised 2025-26 Fees and Charges will be adopted at the conclusion of the 28 day period on 18 September 2025. Should any submissions be received during the exhibition period a further report will be provided to Councillors for consideration.

Financial and Resource Considerations

The Local Infrastructure Contribution Plan ensures that a reasonable contribution towards the provision of local infrastructure is received from new development to ensure the delivery of required community infrastructure. The recommendation in this report will ensure that the correct rates and indexation are applied to these contributions to ensure that Council will have sufficient revenue to deliver community infrastructure in accordance with the adopted contribution plan.

Legal /Policy

Council’s capacity to deliver community infrastructure is limited by financial considerations. It is appropriate that Council seeks to apply the correct indexation to adopted charges to ensure sufficient revenue to deliver community infrastructure in accordance with the adopted contributions plan.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

The Local Infrastructure Contribution Plan is consistent with the following strategic objective in the Bega Valley Community Strategic Plan 2042 (2025 Revision): Our infrastructure meets community needs.

Environment and Climate Change

There are no environmental or climate change impacts associated with the recommendation in this report.

Economic

The contribution plan ensures that a reasonable contribution towards the provision of local infrastructure is received to ensure the delivery of infrastructure to meet the community needs and assist in the funding of Council’s capital works priorities. The recommendation in this report will ensure the correct rate and indexation is applied to contributions to ensure that Council will have sufficient revenue to deliver community infrastructure in accordance with the adopted contribution plan.

Risk

If Council does not seek to apply the adopted rate and correct indexation to the adopted charges, there is a risk that Council will have insufficient revenue to deliver community infrastructure in accordance with the adopted contribution plan. Updating the 2025-26 Fees and Charges to reflect the adopted contribution plan will remove confusion for the community and Council officers regarding the local infrastructure contribution fees that apply to residential and non-residential development.

Social / Cultural

The recommendation in this report will ensure that the correct indexation is applied to contributions to ensure that Council will have sufficient revenue to deliver community infrastructure in accordance with the adopted contribution plan.

Attachments

1 ⇩. Fees and Charges 2025-26 ADOPTED Amended 20-8-25

Council 20 August 2025

Item 8.4

8.4. Affordable Housing Strategy implementation progress report

This report provides an update on implementation of the Affordable Housing Strategy from 1 January 2025 to 30 June 2025.

Director Community Environment and Planning

Officer’s Recommendation

That Council note the progress made in implementing the Bega Valley Shire Affordable Housing Strategy in the period 1 January 2025 to 30 June 2025.

Executive Summary

This report provides an update on key progress against the Bega Valley Affordable Housing Strategy for the period 1 January 2025 to 30 June 2025.

Importantly, the 3 day per week dedicated strategic planner allocated to affordable housing work for the first 3 years of the strategy concluded on 30 June 2025. The strategic planning team continues to work on projects that support affordable housing and diverse housing typologies, in line with the focus areas identified in the Delivery Program adopted by Council in June 2025.

Background

Key progress from 1 January 2025 to 30 June 2025

A full list of progress against each strategy is at Attachment A, with the updates from 1 January 2025 to 30 June 2025 shown in bold font.

The below list includes a summary of the key achievements in the reporting period.

· Draft Affordable Housing Contribution Scheme supported by Council at 21 May 2025 Council meeting for consideration for a Gateway Determination by the Department of Planning, Housing and Infrastructure, in relation to Council-led rezoning (upzoning) of land south of Bega for future residential development.

· Bega Urban Release Renewal Planning Proposal, and accompanying Affordable Housing Contributions Scheme, finalised in May 2025 and submitted to the Department of Planning, Housing and Infrastructure for Gateway Determination. If finalised, this planning proposal will facilitate approximately 2,200 residential lots through future development applications.

· Southern Cross Housing DA (SCH) for a site in Bega to provide 60+ social and affordable dwellings approved by Southern Regional Planning Panel. SCH is currently costing construction and design documentation.

· Homes NSW DA to replace 2 houses in Eden with a 10 unit seniors housing development approved (under Part 5) on 2 July 2025 – this is a key deliverable from the collaboration agreement between Homes NSW and BVSC signed in February 2023.

· In addition to the above and progress on the former TAFE site in Bega that is forecast to deliver around 24 social dwellings, Homes NSW is working on a project in Bega that will deliver a further four new social homes, as well as two acquisitions in Bega nearing settlement, delivering a total of three social homes.

· Mayor wrote to all caravan park owners in January 2025 encouraging then to allocate a set number of sites for Bega Valley Shire residents who are homeless. Mayor and Director CEP subsequently met with one caravan park owner who expressed an interest in providing additional affordable housing. A DA is now under assessment to convert short stay sites to long term sites which will significantly increase the number of lower cost dwellings available for permanent rental.

· Unhoused: Voices from the Threshold podcast launched and first 3 episodes released. A further 3 episodes are in development. Podcast aims to raise awareness of the changing face of homelessness and break down stereotypes and barriers. Project is funded by the NSW Premier’s Department through a social cohesion grant.

· Landcom completed a high-level feasibility analysis on a number of Council-owned sites for affordable housing. Unfortunately, this analysis showed the identified Council-owned sites are not feasible for affordable housing from Landcom's perspective. Council staff are continuing to consider other potential options for Council-owned land.

· Investigations into the 'Take a lodger program' continued. The program is running in the Alpine Shire in Victoria and, through the good will of a local real estate agent, home owners who are willing to take in a lodger are supported to vet potential lodgers. Initial discussion held with Bega Chamber due to potential alignment with Welcome Experience program and connections with local businesses who may be supportive.

· Affordable Housing Contributions Policy exhibited 2 April 2025 to 18 May 2025. Staff responding to submissions and preparing report back to Council for final decision.

· Work on Urban Renewal Project continued, including a Councillor workshop in January 2025. This project will investigate the suitability for increased height and floor space ratios for the Bega, Eden and Merimbula town centres. These investigations aim to open up opportunities for an increase in the supply of smaller strata dwellings in and around town centres, particularly in areas of existing/older separate housing as well as opportunities for shop top housing within town centres. Merimbula work progressing and Bega and Eden commenced.

· Land activation for housing has been a key focus of BEM meetings.

· Advice provided to Bega Local Aboriginal Land Council (LALC) regarding options for housing on a particular site in Bega.

· A review of Council’s mapping database was conducted in collaboration with Bega LALC to identify any adjoining government or Council-owned or managed land parcels that may be able to be activated. The desktop analysis has been completed and provided to Bega LALC.

· Meeting held with Eden LALC to discuss planning issues regarding two sites in Eden.

· Updated draft KPIs tabled at 17 March 2025 AHIG meeting with additional KPIs requested by the group. The majority of the data requested by the AHIG is available to Council through housing.id – a subset of profile.id which Council subscribes to. Staff have engaged with .id (informed decisions) to determine whether a time series report can be generated at set times rather than requiring manual data entry which is time consuming and prone to error. Staff are now determining a way to present the data and will report back to the AHIG before providing the suggested KPIs to Council for adoption.

Key advocacy during this reporting period includes:

· Advocacy to the state government regarding the urgent need for the review of the caravan and manufactured home regulation to be finalised – this included advocacy to the Minister, local member Dr Holland and with the Department of Planning, Housing and Infrastructure.

· Director CEP met with Dr Holland in January 2025 to discuss homelessness and limited funding.

· Housing related advocacy motion submitted to ALGA annual conference – ‘Reducing duplication between Federal and State Government Environmental Assessment Requirements with regards to residential development’.

· Advocacy through Country Mayors Association has resulted in Minister Sharpe making time to meet with CMA regarding biodiversity issues that impact on councils' ability to manage key community infrastructure and where housing has been inhibited; advocacy on behalf of the LALCs also included as a range of biodiversity issues are impacting their ability to activate their land.

· Advocacy to the Federal government through the Department of Social Services regarding housing challenges including 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.

· Information regarding the National Housing Infrastructure Facility Crisis and Transitional Housing funding program shared with Southern Cross Housing, Mission Australia and SEWACs.

KPI progress

A number of KPIs were adopted as part of the Affordable Housing Strategy in 2022. Staff have subsequently found that data is not available for many of the KPIs. A proposed new draft set of KPIs were discussed with the AHIG at the December 2024 meeting and again in March 2025.

The majority of the data requested by the AHIG is available to Council through housing.id – a subset of profile.id which Council subscribes to. Staff have met with .id (informed decisions) to determine whether a time series report can be generated at set times rather than requiring manual data entry which is time consuming and prone to error. Staff are now determining a way to present the data and will report back to the AHIG before providing the suggested KPIs to Council for adoption.

The table below reflects the original KPIs included in the Affordable Housing Strategy, noting not all data is available.

KPI	Progress from 1 January 2025 to 30 June 2025	Comments
1. Number of affordable rental dwellings for very low and low income households created as a result of partnerships between Council and Community Housing Providers and/or the private sector	0	SCH is still enquiring into possible use of an unused aged care facility. Discussions are still very slow. Crown lands is now assisting around an ongoing use for the life left on the lease. This is complex and slow going.
ii. Net change (loss/gain) in Social (Public and Community) Housing	SCH: There has been no change to the demand in the BVSC LGA over the past year. There is still 411 on the Social Housing waiting register. DCJ: updated data not available	Southern Cross Housing DA for a site in Bega to provide 60+ social and affordable dwellings now approved; SCH is currently costing construction and design documentation.
iii. Number of affordable rental dwellings for very low and low income households created through other agencies or mechanisms, including DCJ – Housing and local Community Housing Provider	Current SCH stock as at 30/6/25: - Social capital: 39 - Affordable: 0 - Social leasehold: 33 - Social owned: 11 - Social crisis: 10 DCJ: updated data not available	SCH social owned, crisis and capital remain the same as last year. Leasehold numbers have remained stable this year and at quota (‑1 that is being replaced soon), although securing new leasehold stock remains a challenge and expensive in the current market.
iv. Number of affordable housing dwellings for very low and low income renters and low income purchasers provided through the market	Number of affordable housing dwellings for very low and low income renters as at Dec 2024: 75 Number of affordable housing dwellings for low income purchasers provided through the market as at Dec 2024: 26	Data source: https://housing.id.com.au/bega-valley/affordability-and-availability/#how-affordable-is-renting https://housing.id.com.au/bega-valley/affordability-and-availability/
v. Increase in supply of lower cost housing types/products created through the market	-	Data not readily available
vi. Reduction in local homelessness, including appropriate accommodation of people living temporarily with others, or living in inappropriate, unsafe or severely over-crowded accommodation	See NSW Government Street Count data in table below	The NSW Government annual count of people sleeping rough was completed between 4 February and 26 February 2025. Full report is available at: https://www.nsw.gov.au/sites/default/files/noindex/2025-04/2025-nsw-street-count-technical-paper.pdf
vii. Reduction in the proportion of very low and low income households in housing stress	-	Current data not readily available (housing.id relies on census data so latest data available is from 2021 -https://housing.id.com.au/bega-valley/housing-stress/)
viii. Retention of diverse income, age and employment groups in the LGA	-	Data not readily available

NSW Government Street Count data*

The NSW Government annual count of people sleeping rough was completed between 4 February and 26 February 2025.

LGA	Date (2025)	Street count results
LGA	Date (2025)	2020	2021	2022	2023	2024	2025
Bega Valley	18 February	5	4	26	12	18	14

*Source: https://www.nsw.gov.au/sites/default/files/noindex/2025-04/2025-nsw-street-count-technical-paper.pdf

Group membership

Group membership includes representatives from Mission Australia, SEWACS, Southern Cross Housing, Social Justice Advocates, Homes NSW, Department of Communities and Justice, and a number of community members with urban planning or other housing or planning related experience and qualifications. The group also includes 2 Councillor representatives, is chaired by the Director Community, Environment and Planning, and Council’s CEO regularly attends.

History and previous reporting

The Bega Valley Shire Affordable Housing Strategy was adopted by Council in May 2022. It includes a commitment to report annually to Council and the community on progress against the strategies (actions) and KPIs adopted.

At the 21 September 2022 Council meeting, Council resolved to request 6 monthly reporting rather than yearly. This is the sixth 6 monthly report, including progress from 1 January 2025 to 30 June 2025.

Reports have been provided to Council as follows:

· Report 1 (May 2022 to 31 December 2022): 15 February 2023 (Item 8.4 at https://begavalley.infocouncil.biz/Open/2023/02/OC_15022023_AGN_851_AT_WEB.htm)

· Report 2 (1 January 2023 to 30 June 2023): 23 August 2023 (Item 8.5 at https://begavalley.infocouncil.biz/Open/2023/08/OC_23082023_AGN_857_AT_WEB.htm)

· Report 3 (1 July 2023 to 31 December 2023): 21 February 2024 (Item 8.1 at https://begavalley.infocouncil.biz/Open/2024/02/OC_21022024_AGN_1012_AT_WEB.htm)

· Report 4 (1 January 2024 to 30 June 2024): 14 August 2024 (Item 8.3 at https://begavalley.infocouncil.biz/Open/2024/08/OC_14082024_AGN_1053_AT_WEB.htm)

· Report 5 (1 July 2024 to 31 December 2024): 19 February 2025 (Item 8.1 at Agenda of Council - Wednesday, 19 February 2025)

A report on advocacy was also provided to Council on 23 August 2023 (Item 8.4 at https://begavalley.infocouncil.biz/Open/2023/08/OC_23082023_AGN_857_AT_WEB.htm).

Options

It is recommended that Council note the progress made in implementing the Bega Valley Shire Affordable Housing Strategy in the period 1 January 2025 to 30 June 2025.

Community and Stakeholder Engagement

Engagement undertaken

The Affordable Housing Strategy was endorsed by Council in May 2022 following an extensive public consultation process.

The Affordable Housing Implementation Group (AHIG) was established after an open expression of interest (EOI) process with members appointed by Council at the September 2022 meeting.

The AHIG has met as follows:

· 2022: October, December

· 2023: March, June, September, December

· 2024: March, June, December (note: September meeting did proceed due to caretaker)

· 2025: March, June

Engagement planned

The AHIG meets quarterly in line with the Terms of Reference. As such, the next meeting is scheduled for September 2025.

Financial and Resource Considerations

There are no new financial or resource considerations based on the recommendations of this report, however it is important to note that some actions in the Affordable Housing Strategy will require specialist consultants which are not currently budgeted for. This will be reviewed annually during the Operational Plan and Budget process.

Council’s annual operational plan and budget includes facilitating the AHIG as a business as usual activity.

Legal /Policy

There are no new legal or policy considerations based on the recommendations of this report.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

This report aligns with Council’s adopted Affordable Housing Strategy, Residential Land Strategy, and Community Strategic Plan (2025 Revision) including:

· A.3 Ensure growth and change in our towns and villages enhances character that reflects local identity, improves liveability, and supports community needs.

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

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

Environment and Climate Change

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

Economic

There are no new economic impacts associated with the recommendations of this report.

Risk

There are no new risks associated with the recommendations of this report.

Social / Cultural

Having access to safe and affordable housing is a fundamental need that impacts on an individual’s ability to maintain employment, participate in society and form social connections.

There are no new social or cultural impacts associated with the recommendations of this report.

Attachments

1 ⇩. Affordable Housing Strategy Implementation Plan

Council 20 August 2025

Item 9.1

9.1. Bega Valley Local Traffic Committee 1 July 2025

This report provides the recommendations of the Local Traffic Committee (LTC) meeting held on 1 July 2025.

Director Infrastructure

Officer’s Recommendation

That Council adopt the recommendations of the Bega Valley LTC meeting held on 1 July 2025 as outlined below:

1. Open Streets Program – Friday 24 October 2025 – Carp Street, Bega

a. That subject to conditions, a section of Carp Street from Canning Street to Peden Street including traffic lights and part of Church Street (to include Bega Thai) be temporarily closed between 4.00pm and 11.00pm on Friday, 24 October 2025 for the Open Street Festival.

b. That the proposed traffic arrangements involving the temporary closure of Carp Street to extend further west to Parker Street, with half road closure, to allow cars to exit the Coles carpark (Clark Lane) and right turn only at Carp Street.

c. That the proposed traffic arrangements involving the temporary closure of Carp Street from Canning Street to Peden Street for the Open Street Festival on Friday, 24 October 2025, be deemed a Class 2 special event and it be conducted under an approved Traffic Guidance Scheme (TGS), in accordance with the Safework NSW Guidelines and Transport for NSW (TfNSW) Traffic Control Guidelines.

d. That the proposed arrangement involving road closures with an on-road assembly, the following is to be included in the TGS to physically obstruct access to the closed road.

- The road closed (T2-4) sign must be used in conjunction with barrier boards at the start of the site to prohibit general road user access

- At least 2 Traffic control vehicles to be used to physically obstruct access to closed roads to supplement delineation devices if delineation devices alone are insufficient.

e. That the TGS is to include 40kph speed reduction signs in advance and to show where the traffic controllers will be stationed.

f. That persons involved in the preparation and implementation of the TGS must hold the appropriate SafeWork NSW accreditation and TfNSW accreditation.

g. That for one week leading up to the event Visual Message Sign (VMS) be displayed advising community of upcoming event, and a VMS on Highway (on day of event) to deter people from entering Bega if there is no need to.

h. That (if applicable) the event organiser arranges the pick-up and drop-off of any signage used through council.

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

j. That organisers have approved public liability insurance of at least $20 million.

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

l. 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.

m. That 4 weeks prior to the event, the event organiser notifies all businesses within the Bega CBD district of the event and road closures.

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

2. ReBoot in Bermagui – Saturday 4 October – Sunday 5 October 2025

a. That the proposed arrangements involving sections of road reserves in South Tilba Road and Tilba Road, Wallaga Lake for the 15km fun run on Saturday, 4 October 2025 be deemed a Class 3 special event and it be conducted under an approved and current Traffic Guidance Scheme, in accordance with the Safework NSW Guidelines and TfNSW Traffic Control Guidelines.

b. That the proposed arrangements involving road crossings at Lamont Street/Dickinson Park access roads, Lamont Street/Lions Park car park access, Lamont Street/Bermagui Fishermen’s Wharf access road, Lamont Street/Lamont Street crossing, Lamont Street Wallaga Lake Road, Wallaga Lake Road/Wapengo Street and return for the 5km fun run on Saturday, 4 October 2025 be deemed a class 4 event and supervised by qualified Marshalls. Marshalls are to wear high visibility clothing and ensure participants comply with NSW Road Rules and do not impact on traffic flow.

c. That the proposed arrangements involving road crossings at Lamont Street/Dickinson Park access roads, Lamont Street/Lions Park car park access for the 1.5km kids fun run on Saturday, 4 October 2025 be deemed a class 4 event and supervised by qualified Marshalls. Marshalls are to wear high visibility clothing and ensure participants comply with NSW Road Rules and do not impact on traffic flow.

d. That the proposed arrangements involving sections of road reserves on Tathra-Bermagui Road, and all intersecting roads to Hergenhans Road for the ReBoot in Bermagui bicycle ride on Sunday, 5 October 2025 be deemed a Class 2 special event and be conducted under an approved and current Traffic Guidance Scheme, in accordance with the Safework NSW Guidelines and TfNSW Traffic Control Guidelines.

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

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

g. 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.

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

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

j. 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

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

3. Short Street Merimbula – Request for No Parking on one side

a. That Council approve the installation of a “No Stopping” zone on footpath side of Short Street, from Carolynne Street to the entrance of the RSL Lifecare (Bimbimbie Park and Albert Moore Gardens) Retirement Village.

Executive Summary

The 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 1 July 2025

Open Streets Program – Friday 24 October 2025 – Carp Street, Bega

Council’s Economic Development Officer has been awarded funding for the Open Streets Program . The funding requires that this be a council run event delivered in partnership with business and arts organisations, therefore council will be working with the Bega Chamber of Commerce and Southeast Arts on planning and running this event.

The proposal is to run an evening street event in Carp Street, Bega, with on-street dining, entertainment, visual arts displays etc. which will involve a road closure.

The funding is for at least one event a year for three years and includes funding for obtaining standing development consent for ongoing events into the future.

A copy of the submission is attached: “Open Street Application 2025”

ReBoot in Bermagui – Saturday 4 October – Sunday 5 October 2025

An application for the annual ReBoot in Bermagui event has been received for Saturday 4 October and Sunday 5 October 2025.

Saturday 4 October 2025:

The event incorporates different activities on the Saturday morning, including 3 fun runs:

1. A 15km fun run at 7.30am on Saturday from Dickinson Park to Camel Rock along Bermagui coastal walk track and return

2. A 5km, no hills run/walk from Dickinson Park to Wapengo Street and return; and

3. A kids’ 1.5km run from Dickinson Park to Bermagui Fishermen’s Wharf and return.

All fun runs start and finish in Dickinson Park beside the Bermagui Surf Club. No road closures are required.

Sunday 5 October 2025:

Two main events on Sunday morning:

1. The community social bike ride departs at 7.00am from Bermagui Community Centre, travel south along Tathra Bermagui Road to Hergenhans Road at Bunga (Murrah) and return, total of 34.4kms.

2. The ocean swim, 1.2k swim from shore, out 600m and return to shore at Horseshoe Bay Beach where safety will be provided by the local Bermagui Surf Lifesaving Club and Bermagui Marine Rescue.

Other event activities on the program over the 2 days include yoga and pilates held in the Bermagui Surf Club; tai chi on the grassed area of Dickinson Park overlooking Horseshoe Bay; and a netball round robin on the new netball courts behind Dickinson Oval; stand up paddle boarding on Bermagui River; boot camp at the Blue Pool; badminton at the Bermagui Indoor Sports Stadium; and sports such as golf, tennis, barefoot bowls and croquet at the Bermagui Country Club.

A copy of the submission is attached: “Re-Boot Application 2025”

The recent July 2025 storm event damaged a section of coastal reserve between South Tilba Road and Tilba Road that the 15km fun run route to Camel Rock uses. Event organisers will be required to undertake their own risk assessment as to whether use of the beach as an alternative route between the 2 sections of public road will be suitable for use. In the circumstance that the organiser wishes to use the beach, then the organiser should submit an application for Use of Public Land incorporating the beach area with relevant documentation to address any risk. An alternative for the event organiser’s consideration may simply be to do a loop circuit ending at the northern extent of South Tilba Road prior to the damaged Crown Reserve.

The LTC delegation from Transport for NSW operates under s115 of the Roads Act 1993 for regulation of traffic on public roads such as South Tilba and Tilba Road and does not apply to the damaged section of Crown Reserve managed by a non-Council Trust Manager. The event timing may be subject to tidal constraints should the beach be used.

Short Street Merimbula – Request for No Parking on one side

Short Street is the main access point to RSL Lifecare Bimbimbie Park Retirement Living and Albert Moore Gardens Aged Care Facility. There is a multitude of traffic coming and going from the facility including elderly residents, staff, delivery and service trucks every day.

Short Street is narrow, which presents challenges for the residents and service trucks accessing the facility when cars are parked on both sides of the street, particularly during the holiday season.

Discussion:

Proposal Overview:
To enhance traffic flow, safety, and accessibility for residents and service vehicles the Transport and Drainage Planning Engineer proposes following measures:

· Installation of “No Stopping” zones on both sides of Short Street from the entrance of RSL Lifecare (Bimbimbie Park and Albert Moore Gardens) Retirement Village to 11 Short Street driveway entrance.

· Assessment and implementation of parking restrictions on one side of the road, along with line-marked parking bays, between Carolynne Street and Market Street along Short Street.

Assessment Considerations:

· Traffic Flow Impact: Current on-street parking demand restricts vehicle movements, particularly for larger vehicles.

· Safety and Efficiency: Safety and the need to maximize available on-street parking will guide the decision on which side of the road to restrict parking.

· Community Consultation: Affected property owners and residents along Short Street should be consulted.

Rationale:

· Narrow Road Width: The road is only 5.5 metres wide, which restricts safe two-way vehicle movement when cars are parked on both sides.

· Driveway Access: Properties at 13 and 15 Short Street require unobstructed access to their driveways.

· Retirement Village Entrance: Clear access is essential for emergency and service vehicles entering the RSL Lifecare Retirement Village.

· Service Vehicle Access: Regular access is needed for waste collection, deliveries, and emergency services.

LTC considered the above and stated that there was no need to have both sides “No Stopping”, and not the whole way down Short Street. It was agreed that there should be “No Stopping” on the footpath side from Carolynne Street to the entrance of RSL Lifecare.

It was also advised that a letterbox drop be done to notify affected residents.

Options

1. Accept the recommendations provided by the LTC and resolve accordingly.

2. Reject the recommendations provided by the LTC and resolve accordingly.

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

Community and Stakeholder Engagement

Engagement undertaken

No additional engagement was undertaken in relation to this report.

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. The addition of No Stopping signs at the location in Short Street in Merimbula will be funded through annual allocations for signage maintenance.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 ⇩. ReBoot Application 2025_Redacted

2 ⇩. Open Street Application 2025_Redacted

Council 20 August 2025

Item 9.2

9.2. Community halls maintenance and renewal program for delivery in the 2025-26 financial year

This report details the annual community halls maintenance and renewal program, as nominated by the Section 355 General Community Halls Committee, for delivery in the 2025-26 financial year.

Director Infrastructure

Officer’s Recommendation

1. That Council endorse the community halls maintenance and renewal program.

2. That Council note that the delivery of the program is subject to the request for $68,135 to carried forward from the 2024-25 halls maintenance budget to the 2025-26 financial year being approved.

Executive Summary

The community halls maintenance and renewal program supports 18 halls across the shire, with annual funding allocated by Council. In 2024-25, due to the local government caretaker period and staffing shortages scoping and delivery of the program was delayed. Consequently, unspent funding has been requested to be carried forward to 2025-26.

In addition to the carry forward amount Council has adopted a budget for the halls maintenance and renewal program 2025-26. Subject to Council’s endorsement of the carry forward, a total of $153,460 will be available to deliver the community halls maintenance and renewal program in 2025-26.

There are 19 projects in the program listed below. Projects 1 to 11 depend on the 2024-25 carried forward funds, while projects 12 to 19 will be funded from the 2025-26 budget.

Background

Project proposals for the maintenance and renewal program are developed by hall committees in consultation with council officers and are endorsed through a resolution at the quarterly Section 355 General Community Halls Committee (GCHC) meeting.

In 2024-25, Council allocated $82,440 to the program. Due to the local government caretaker period (1 July to 9 October 2024) and staff resource shortages, the scheduled GCHC meeting to endorse the program was postponed to February 2025 leaving only four months to progress with the works. As a result, $68,135 remained unspent and several projects were left incomplete at the end of the 2024-25 financial year.

It has been requested that the balance of $68,135 from the 2024-25 halls maintenance budget be carried forward to 2025-26. While carrying forward operational funds is unusual, the factors which caused delay were beyond the control of the GCHC.

A project summary is included below. The delivery of project items 1 to 11 are subject to $68,135 being carried forward from the 2024-25 halls maintenance budget to the 2025-26 financial year. The delivery of project items 12 to 19 will be funded through the 2025-26 halls maintenance budget totalling $85,325. It is proposed that $28,960 (approximately 20% of $153,460) is allocated to reactive maintenance tasks.

Community halls maintenance and renewal program:

Project items subject to $68,135 being carried forward from the 2024-25 halls maintenance budget to the 2025-26 financial year.
Project #	Hall	Project description	$ Incl GST
1	Cobargo	Community Building Partnerships Program grant co-contribution for floor repairs	$7,500
2	Eden	Maintenance works to re-caulk external wooden beams	$1,500
3	Quaama	Staircase renewal works	$7,000
4	Tanja	Supply and install of new panic lock, repair works to door and roof, and replacement of existing timber vent with aluminium vent.	$4,000
5	Wolumla	Partial cladding repainting and repair works	$2,000
6	Wyndham	Subfloor cladding repair and replacement works	$7,000
7	Tanja	Vermin fencing around underside of building	$2,000
8	Tanja	Engineer inspection of structural issues	$500
9	Quaama	Replace fence (note: proposed contribution from adjacent property owner is $100 per linear metre)	$10,500
10	Kiah	External veranda roof repairs	$5,000
11	Brogo	Installation of new rear lights	$5,000
	Total		$52,000

Project items funded through the 2025-26 halls maintenance budget totalling $85,325.
Project #	Hall	Project description	$ Incl GST
12	Candelo	Roof leakage repairs	$6,000
13	Cobargo	Stormwater improvements, including construction of swale to divert water from flowing under the building	$3,500
14	Murrah	Eastern deck repairs	$20,000
15	Wolumla	Building improvements to connect downpipes to new stormwater drain	$6,500
16	Rocky Hall	Repair works to back entrance steps and the installation of a new deck	$10,500
17	Quaama	Building works to replace guttering	$15,000
18	Tanja	Building works to repair windowsill	$6,000
19	Rocky Hall	Painting of fascia and barge boards	$5,000
	Total		$72,500

Options

1. That Council endorse the community halls maintenance and renewal program, noting that the delivery of the program is subject to $68,135 being carried forward from the 2024-25 halls maintenance budget to the 2025-26 financial year.

2. That Council do not agree to carry forward $68,135 from the 2024-25 halls maintenance budget to the 2025-26 financial year. Project items 1 to 11 will not be delivered, and those problems will not be addressed. This option has safety, compliance, and reputational risks due to delays caused by local government processes and council staffing shortages.

3. Decline to proceed with the community hall maintenance and renewal program. Without support, hall maintenance will be compromised, volunteer dissatisfaction will increase, the condition of the assets will continue to deteriorate, and Council’s strategic goals will not be met.

Community and Stakeholder Engagement

Engagement undertaken

In preparing the community hall maintenance and renewal program council officers met with each hall committee to review and consider the building condition assessment reports. Potential projects were identified and quotes on works from accredited contractors were obtained.

The final program of projects was voted upon by resolution at the 18 February and 26 June 2025 Section 355 General Community Halls Committee (GCHC) quarterly meeting.

Engagement planned

Council will work with the GCHC to deliver the projects in line with council’s community engagement handbook, including notification of proposed works to stakeholders.

Financial and Resource Considerations

The table below shows the planned budget allocations and expenditure.

Item	$ Excl GST
Expenditure Detail
Community halls maintenance and renewal program, project items 1 to 11	$52,000
Community halls maintenance and renewal program, project items 12 to 19	$72,500
Reactive maintenance tasks	$28,960
Total Expenditure	$153,460
Source of Funds
2025-26 Community halls maintenance and renewal budget	$85,325
2024-25 Community halls maintenance and renewal budget carryover	$68,135
Total income available	$153,460
Total Project Cost	$153,460
Total Available Funding	$153,460
Project Funding Shortfall	$0

Financial Option Impacts | Life Cycle Costing

Ongoing Financial Impacts	$ Excl GST
Capital Investment \| Renewal	$50,000
Annual maintenance and operational costs	$0
Depreciation costs	$1,700
User charges (annual income)	$0

A total of $50,000 is allocated to renewal works (capital investment). The depreciation of this capital investment has been calculated using the Parks, Aquatic and Recreation Asset Management Plan 2023 useful life of a building fit-out, being 30 years.

Legal /Policy

The Committee is appointed under section 355 of the Local Government Act 1993 (NSW) (LG Act). Section 355(b) and Section 377(1) of the LG Act enables council to exercise its functions by a committee of council and to do so conditionally.

The delegated functions of the hall committees are set out in the Community Hall Committee Terms of Reference and Guidelines. These prescribe the manner the committees must operate within.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

The maintenance and renewal program aligns with the Bega Valley Community Strategic Plan 2042.

OUR COMMUNITY: We are a resilient and caring community that supports the health and wellbeing of our residents.

OUR CIVIC LEADERSHIP: Government services have strong organisational practices that deliver services and facilities to meet community needs.

2025 – 2029 Delivery Plan: Core Business Item - Manage 18 community halls across the shire, manage the upkeep and maintenance of community halls and cemeteries to ensure safety, functionality and preservation

Environment and Climate Change

Many of our community halls are heritage listed. The maintenance and renewal program supports longevity of the buildings and supports their historical significance.

Economic

The community hall maintenance and renewal program is funded through council’s annual operational budget.

Risk

Risks associated with the delivery of the program include issues related with procurement, workplace health and safety and financial risks and are managed through council’s risk management framework.

Social / Cultural

Community halls play an important role as central points for social and cultural activities in towns and villages across the shire. Partnerships developed with community members to manage and care for these assets, have multiple benefits, and support community wellbeing.

Attachments

Nil

Council 20 August 2025

Item 9.3

9.3. Merimbula Airport Stage Two Runway Starter Extensions

A decision is required from Council to either execute the Federal Government funding deed for the Regional Airport Program Round 4 (RAP4) runway extensions at Merimbula Airport or decline the offer of this funding.

Director Infrastructure

Officer’s Recommendation

It is recommended that:

1. Council commit to finding a way to fund the necessary co-contribution for the Merimbula Airport runway stage 2 extension to enable signing of the RAP4 funding deed

2. A further report be presented to Council with comprehensive details on funding options and a recommended funding strategy

Executive Summary

The Merimbula Airport Stage Two Runway Starter Extension project was a key capital improvement outlined in the Merimbula Airport Masterplan 2043 with anticipated delivery targeted for completion in 2027/28. The Development Approval (DA 2019.0359) for these extensions was issued in December 2022 and stipulated that the stage two extension works must be operational within eight years, that being December 2030.

Federal Government funding through the RAP4 for the Merimbula Airport Stage Two Runway Starter Extension project was announced in February 2025 and the Department has advised that the funding deed needs to be executed by 31 August.

Council previously resolved in November 2024 that it’s co-contribution to the project was to be funded through the NSW Government and not be a financial impost on Council. Despite grant funding application Council has not been successful in securing any NSW Government funding for the project and now needs to determine if it proceeds with the project, executing the RAP4 deed and allocating Council funds to the project for the co-contribution, or not proceed with the project and decline the funding offer.

If the runway extension works are to proceed, the works need to commence in early 2026 to meet the timeline in the RAP4 grant deed.

If Council determines not to proceed with the runway extensions at this time, it will become increasingly difficult and expensive to obtain approvals to extend the runway at a later date, and will possibly restrict air services to Merimbula into the future.

Background

Regional Airports Program grant application

Council endorsed the Merimbula Airport Masterplan 2043 in June 2024 and the plan includes the two-stage lengthening of the Merimbula Airport runway starter extensions. The first stage delivered 120m starter extensions at both ends of the runway and increased the total available take-off runway length from 1,602m to 1,721m for $5.4m in 2022. The second stage of 80m runway extensions at both ends of the Merimbula Airport runway will increase the total available take-off runway length to 1800m and deliver a total of 2000m of sealed runway pavement. The second stage of two 80m extensions is estimated to cost in the region of $10 million including biodiversity offsets.

The delivery of the stage 2 extension would require payment of just over $2m in biodiversity offsets, based on the offset payments being made by mid-June 2026. If the project is not delivered within that timeframe another reassessment of the biodiversity offsets would be required, likely resulting in a much larger contribution needing to be made, possibly in the order of an additional $0.5 million.

On 18 November 2024 Council applied for funding under RAP4 for $3,777,785 to partially fund the estimated $10 million Merimbula Airport Stage Two Runway Starter Extension project. The RAP4 application indicated that Council would contribute $5,745,415 as a co-contribution. The co-contribution included $2,070,000 towards biodiversity offsets, an expense that was ineligible under the RAP grant program.

In February 2025 Council was notified that its application under RAP4 was successful and a draft funding deed was received on 28 February 2025. Council returned the funding deed on 11 March 2025 seeking amendments, with the revised funding deed received on 10 June 2025. Council has been instructed that the RAP4 funding deed must be executed by 31 August 2025. This deed has not yet been executed.

The RAP4 funding deed provides that the works must be completed by 30 June 2027.

Council resolution

The 27 November 2024 Council meeting considered a report advising that a RAP 4 application had been submitted and presenting options for council to consider for the co-contribution. Council resolved the following:

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To satisfy part 2 of the resolution - “That Council endorses Council officers to approach the NSW Government to fully fund the required co-contribution”, Council has advocated to the NSW Government to fully fund the required co-contribution for the Merimbula Airport runway starter extension project. Council has also sought to find a suitable NSW Government grant funding programs post RAP4 being applied for. The only suitable program where this type of project would be eligible has been the NSW Government’s Regional Economic Development and Community Investment Program (REDCIP) that launched in December 2024 with councils, businesses and community groups all eligible to apply.

On 20 February 2025 Council submitted an application to REDCIP for $5million. The total funding pool for REDCIP across the state was $50million. Given the total funding pool available, the value of the application Council submitted and the need for the NSW Government to support communities who have been impacted by disaster in the north of the state, it is highly unlikely this funding request will be supported.

REDCIP funding announcements were expected to be made from May 2025 onwards. Successful recipient announcements have only recently commenced in July, the first of which was $11.5million for the northern rivers region, see: NSW Government invests $11.5 million into Northern Rivers projects - building better infrastructure, creating more jobs | NSW Government. Council has also been advised the REDCIP program received a large volume of applications and was heavily oversubscribed.

Part 3 of the resolution outlines that “should sufficient grant funds not be available, that Council endorses termination of the $10 million Merimbula Airport runway starter extensions project stage two, and withdrawal of the RAP4 application for this project.”

Council has received successful notification of its RAP4 application and therefore it is unable to withdraw its application as it has been assessed and determined. Council has received the RAP4 funding deed with the deadline for deed execution imminent.

Given there is no certainty on the REDCIP funding success or timing of an announcement and the low likelihood of the NSW Government providing funding support for this project, this report seeks Council direction on intention to deliver this project, and if proceeding, the required funding source for Council’s co-contribution. If Council is not proceeding with the project, it needs to explore options for return of the Federal Government funding or negotiations for funding to be reallocated to other capital works at the airport, which would still require a matching co-contribution.

Significance of runway extensions project

The proposed runway extensions are to accommodate larger aircraft than presently service Merimbula Airport, including larger turboprop and jet aircraft. As airlines manage their fleets, older, smaller aircraft are typically replaced with larger more efficient ones, reducing the operating costs per passenger and increasing capacity, which in turn drives an increase in demand. The Saab 340 aircraft operated by Rex will be due for replacement in the near future and Qantaslink is moving to larger versions of the Dash 8 aircraft. In future it should be expected that there will be a demand for larger aircraft such as the Embraer E190 or Airbus A220 or larger to service Merimbula. These aircraft require the greater runway length for take-off that is provided by the starter extensions proposed.

If the runway extensions are not constructed, the range of aircraft used for regular passenger transport (RPT) services to Merimbula may be constrained, limiting capacity and opportunities for reductions in ticket prices.

The adopted Merimbula Airport Master Plan 2043 provides for progressive improvements in facilities including terminal building, car parking, security screening, etc. These are all planned to accommodate growth in the capacity and demand for air travel to and from Merimbula. The key to this growth is the extension of the runway to accommodate the newer, larger and more efficient aircraft.

Development approval and time limits

The development consent number 2019.359 was determined on 21 December 2022 after years of navigating the approvals process, following extensive design and environmental assessment. This development consent includes a condition which explicitly states that “The construction and commencement of the operation of Stage 2(B) must be completed within 8 years from the date of this consent.” This requires the runway extensions to be completed and operational by 21 December 2030. If this work is not completed by that date, any runway extension will require a full development application process, including full new Environmental Impact Statement and re-evaluated environmental offsets.

The unsigned RAP4 deed requires completion by 30 June 2027. This timeframe requires that Council progress to tendering for the construction work as soon as practicable, with a view to commencing construction in early 2026.

With increasing complexity of development approval processes over time, any new development application for these same works can be expected to be significantly more expensive and time-consuming, and with potentially uncertain outcomes.

Options

Council has 2 broad options notwithstanding the status of the current resolution

Option 1. Council supports delivery of the Merimbula Airport Stage Two Runway Extension project and accepts the RAP 4 funding with:

· Staff to undertake a review of the LTFP to identify lower priority projects that could be delayed or withdrawn, and their funds reassigned to this co-contribution

· Council takes a loan for the outstanding co-contribution that is serviced by:

o Airport revenue including paid parking fees, increased Regular Passenger Transport (RPT) landing fees, General Aviation lease fees and other airport fees. This is estimated to generate up to $2 million over 10 years.

o An extension of the Merimbula Airport SRV beyond its scheduled 2031 end date to fund the loan.

Option 2. Council does not support delivery of the Merimbula Airport Stage Two Runway Extension project and declines the offer of RAP 4

· Council writes to Kristy McBain, Federal Member for Eden-Monaro and Catherine King, Minister for Infrastructure, Transport, Regional Development and Local Government advising that the $3,777,785 in grant funding through the Regional Airports Program Round 4 program will be returned and that no grant funding deed will be executed.

· Council writes to Kristy McBain, Federal Member for Eden-Monaro and Catherine King, Minister for Infrastructure, Transport, Regional Development and Local Government requesting that Federal Government waive the 1:1 co-contribution that is required under RAP4 and provide the full funding required for the project increasing the Federal Government funding from $3,777,785 to $9,523,200 outlining the significant financial challenges that Council is facing in the delivery of services and management of assets to our community. In seeking this additional support Council reiterate that this ongoing asset management funding was flagged as a concern when ownership and operation of regional airports was transferred from the Commonwealth to Councils in 1997 under the Aerodrome Local Ownership Plan

· Council writes to Kristy McBain, Federal Member for Eden-Monaro and Catherine King, Minister for Infrastructure, Transport, Regional Development and Local Government requesting that Council work with the Federal Government to renegotiate the funding deed with Council for funding to support other capital works proposed at Merimbula Airport that have an existing co-contribution allocated in the Long Term Financial Plan.

Community and Stakeholder Engagement

Engagement undertaken

During the 11-month community and stakeholder consultation process for the Merimbula Airport Master Plan 2043, Council completed extensive online and in person community and stakeholder engagements on all aspects of the Masterplan including the ultimate extensions of the airport’s starter runways.

Engagement planned

If support for the Merimbula Airport Stage Two Runway Starter Extension project is endorsed by Council, Council officers will develop detailed engagement and communications plans as part of project delivery.

If Council does not support the Merimbula Airport Stage Two Runway Starter Extension project, pending the option selected a communication plan will be developed. The withdrawal or renegotiation of the RAP4 funding may cause the Council significant reputational damage with the Federal Government, community groups and Merimbula Airport operators and users.

Financial and Resource Considerations

The RAP4 application indicated the total project cost to be in the region of $9,523,200 at time of application.

One of the options outlined above is for Council to negotiate for the RAP4 funding to be allocated to another project at the airport.

The airport funding in Option C of the adopted Long term Financial Plan totals $33.9m. This is estimated funding required over the 10-year period 2025-34 and is based on the proposed capital works outlined in the Merimbula Airport Masterplan. Of the $33.9m projected expenditure for the airport over the next 10 years, $27.4m is reliant on grant funding. The only future grant funding currently confirmed for the airport is $3.8m from Regional Airport Program Round 4.

Project	Cost	Funding Source
Airport security fence replacement	297,220	Internal reserve and General Fund
Apron Extension	14,822,121	Projected Grant
Existing short stay carpark and northern entrance	208,889	Internal Reserve
Runway reapply line marking	291,660	Internal reserve and General Fund
Runway asphalt overlay	6,850,160	Projected Grant ($1.7m) General Fund ($5.1m)
Runway extension	7,637,058	Projected Grant
Biodiversity offsets	2,070,000	Projected Grant
Runway pavement strengthening	454,398	General Fund
Security screening- passengers and luggage	1,199,849	Projected Grant
Terminal Building Repainting	94,023	Internal Reserve
TOTAL	33,925,378

There are additional airport capital works projects outlined in Option B and Option A of the adopted Long Term Financial Plan. Council resolved not to proceed with Options A and B in the adopted LTFP.

Project	Year/s	Cost $	Funding Source
Terminal building expansion	2027-2030	27,748,884	Projected Grant $22,362,705 General Fund $5,386,179
Runway pavement strengthening	2030-31	371,179	General Fund
Long stay carpark and new southern access	2027	5,914,653	Projected Grant $3,301,962 Internal Reserve $2,351,327
Design works for carparking- phase 2	2030	593,886	General Fund
Existing (short stay) carpark expansion and northern entrance	2031	5,237,909	General Fund
TOTAL		$39,866,511

The total value of fees for passenger movements on the RPT service from Merimbula in 2024-25 was approximately $700,000 excluding GST. For 2025-26 the same number of passengers will yield approximately $830,000 (excl GST) in revenue. When realised, there is potential for significant increases in the revenue flowing to Council from increased capacity in RPT services with the extended runway allowing larger aircraft. Conversely, the consequence of limiting the types of aircraft that can service Merimbula is to limit this potential growth in revenue to Council.

Legal /Policy

The Merimbula Airport runway extensions project supports or is governed by the following legislative frameworks:

· Australian Government’s Aviation White Paper (2024) that guides future growth and innovation in the aviation section to 2050

· Civil Aviation Safety Regulations (1998)

· Environmental Planning and Assessment Act (1979)

· Fisheries Management Act (1994)

· Biodiversity Conservation Act (2016).

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

The Merimbula Airport runway extensions project supports achievement of these Community Strategic Plan objectives:

· A.7 Provide and support ongoing emergency response
By enabling the Merimbula Airport to be used by larger aerial tanker firefighting aircraft & in a wider variety of conditions and improvements to access to aero-medical services

· B.5 Collaborate with stakeholders to develop and enhance the economic opportunities provided by… Merimbula Airport
By increasing the size, number and type of aircraft that can use the airport and the number of destinations that can be serviced

· D.8 Collaborate with relevant parties to grow the passenger numbers through key transport links at the Merimbula Airport
By increasing the size, number and type of aircraft that can use the airport and the number of destinations that can be serviced

· E.4 Council has robust financial management process to ensure ongoing viability and value for money

By ensuring the future financial viability of the Merimbula Airport.

Environment and Climate Change

The approved project DA has rigorous conditions that will minimise environmental harm caused by the extension of the Merimbula Airport runway.

Enabling more fuel efficient and higher capacity large narrow-body aircraft to use the Merimbula Airport will help to reduce the greenhouse gases emitted per passenger journey.

The second runway starter extension will provide the 1,800 m long take-off runway needed to enable the use of Merimbula Airport by larger aerial firefighting tanker aircraft.

Economic

If Council commits to delivering this project there will be both immediate economic impacts, in the procurement of services to deliver the works, with qualified contractors engaged to extend the runway and longer-term economic outcomes in ensuring that the airport runway is future proofed for the inevitable upgrade of the RPT fleet.

Should the Merimbula Airport Stage Two Runway Starter Extension project not proceed the region could face several long-lasting economic impacts. These include reduction in tourism if airlines cease to have Merimbula as a destination based on their fleet operations, business and industry investment opportunities will struggle with connectivity to networks and markets, and without upgrades emergency healthcare and disaster response may be limited. Should Council forfeit the Federal Government funding provided now, it may be difficult to obtain future funding for this asset, forfeiting future infrastructure support.

Risk

The runway extension project is central to the airport’s long-term development strategy, as outlined in the Merimbula Airport Masterplan 2043, and halting this project could derail broader infrastructure goals. Inversely, allocating Council funds to this project will mean that other council funded projects will need to be delayed for this project to be prioritised.

One of the key risks is the missed opportunity to deliver this project, with a funding contribution received from the Federal Government and the long-term impact this may have in the future if investment is not made now. There is always much conjecture of when the RPT fleet will transition and what it will transition to in the future and as indicated by the Masterplan 2043, should the Merimbula Airport runway not be extended, its commercial operation will very likely become increasingly marginal as the use of smaller RPT aircraft is phased out and they are replaced by larger aircraft such as 737 Max 8 or Airbus 320 that require longer runways.

While certainly not needed today while smaller aircraft are operating, these ultimate extensions go some way to safeguarding the future viability of RPT operations at Merimbula Airport and in order to comply with the conditions of its approved Development Application which expires in December 2027, the second stage of runway starter extensions must be completed by December 2030.

These are the risks associated with the Merimbula Airport Stage Two Runway Starter Extension project:

· The RAP funding program is not likely to continue and Council securing the funding in Round 4 is the best opportunity to deliver this project. If Council keeps the RAP4 funding, finds a co-contribution and delivers the project it will help to demonstrate our capacity to collaborate with the Federal Government and will bode well for future funding requests that will be required for other capital improvements required in the future.

· Should the Merimbula Airport Stage Two Runway Starter Extension project be terminated this may cause Council reputational damage with the Australian Government, community groups and Merimbula Airport operators and users.

· To comply with the conditions of its approved Development Application, the second runway starter extension must be constructed and operational by December 2030. There is no certainty that the outcome of a new development application would be favourable.

· If approved DA lapses, it is highly probable that approval of a new EIS, permits and DA will be far more difficult and potentially make a future runway extension project untenable.

· Should the Merimbula Airport runway not be extended, its commercial operation will become increasingly marginal as the use of smaller RPT aircraft is phased out and they are replaced by larger aircraft that require longer runways. In turn this would reduce the attractiveness of Merimbula and the Bega Valley Shire to businesses, residents and providers of various services.

· Any deferral of this project will result in significant increase in the amounts payable towards biodiversity offsets. If the project is significantly delayed and requires a new development approval the environmental and biodiversity assessments will have to be re-done, and significant cost and taking significant time to complete. It is best to take advantage of the certainty provided by the current approval and current biodiversity offset assessment.

Social / Cultural

A take-off length of 1,800 m would make operations by large narrow-body (180-200 seat) aircraft such as the Boeing 737 Max 8 and Airbus A320neo possible. These aircraft types are commonly used by low-cost airlines in Australia, and their low operating costs per seat allow those airlines to offer very low fares, which has been proven in other markets to stimulate demand. Completing the additional runway extensions will therefore support the provision of affordable and accessible air transport services for the local community as well as maximising inbound tourism opportunities in the future.

The availability or air services to Merimbula is significant to the local economy in providing affordable travel for residents, businesses and government services. In turn this helps attract and retain residential growth in the Bega Valley Shire, where people require timely travel connections.

Attachments

Nil

Council 20 August 2025

Item 9.4

9.4. Public exhibition of draft design concepts for Cuttagee Bridge

This report seeks Council’s approval to publicly exhibit the three 20% design concept options for Cuttagee Bridge and carry out community engagement on the three options seeking constructive feedback.

Director Infrastructure

Officer’s Recommendation

1. That Council publicly exhibits the three 20% design concepts for Cuttagee Bridge tabled at the Council meeting and carries out community engagement activities for a period of not less than 29 days from 8 September 2025.

2. That the draft 20% design concept renders be published on Council’s website for public comment and submissions.

3. That all feedback received from community engagement activities undertaken to be compiled into a Community Engagement Outcomes Report, which will be provide to Councillors prior to determination of a preferred concept option to progress to detailed design.

Executive Summary

The purpose of the exhibition period is to inform the community of the progress of the project and gather feedback on three draft concept design options. Input from the community engagement process will be collated and presented to councillors ahead of Council’s decision on a preferred concept at the meeting scheduled for 12 November 2025.

This report seeks Council approval to publicly exhibit the three 20% concept design options for a period of not less than 29 days, commencing 8 September 2025. Feedback will be sought on what the community likes or dislikes about each option to assist in assessing the merits of each design.

All feedback received during the exhibition and engagement period will be compiled into a Community Engagement Outcomes Report, which will be provided to Councillors prior to the selection of a preferred concept to progress to detailed design. Once detailed design is complete, final preparatory work can be undertaken to enable a future construction contract, subject to funding.

Background

During the 2023 NSW State election period, a commitment was made to allocate $15 million for the Cuttagee Bridge Project. This funding is provided through a formal agreement between Transport for NSW (TfNSW) and Bega Valley Shire Council, under the Regional Road Program administered by TfNSW.

The objective of the program and funding agreement is to deliver consistent, safe, and high-quality road infrastructure for the people of NSW. The Cuttagee Bridge project focuses on asset renewal, aiming to reduce ongoing maintenance costs, improve road safety and accessibility, and support a resilient and sustainable road network.

As stipulated in the funding agreement, three concept design options are to be developed:

· Two ‘hybrid’ options incorporating design elements sympathetic to the character of the existing bridge, including decorative timber features. These consist of a single-lane and a two-lane hybrid design.

· One option for a two-lane concrete bridge.

All three designs include provisions for a shared pathway and handrails.

At its meeting on 14 August 2024, Council accepted tender RFT 2324-067 for Project Management and Contract Administration (PMCA) services from GHD to oversee the delivery of the Cuttagee Bridge project.
At a subsequent Council meeting on 16 April 2025, Council accepted tender RFT 2425-060 for Design Services from Chris O’Brien and Associates to develop the concept designs and complete the detailed design of the preferred option as resolved by Council.

Options

Option 1: Publicly Exhibit the Draft Design Concepts for a period of not less than 29 Days from 8 September 2025

Recommended Option

This option enables community engagement to be undertaken, allowing feedback to be gathered on the relative merits of each concept design. An exhibition period of not less than 29 days is considered appropriate, providing sufficient time for meaningful input while aligning with current project timelines.

Following the close of the exhibition period, community feedback will be evaluated and compiled into a Community Engagement Outcomes Report, which will be provided to Councillors to inform the final decision on a preferred concept at the Council meeting scheduled for 12 November 2025.

Advantages:

· Aligns with project schedule and funding requirements

· Provides adequate time for meaningful community input

· Supports timely reporting and decision-making before year-end

Option 2: Publicly exhibit the Draft Design Concepts for a period other than “not less than 29 days”

Less Preferred Option

Exhibiting the designs for a period longer than 29 days may delay the presentation of the subsequent report to Council until after the December–January holiday period, potentially impacting project delivery timelines. A shorter exhibition period may allow for earlier reporting but could limit the opportunity for public comment.

If this option is pursued, a minimum exhibition period of 21 days is recommended to ensure a reasonable level of community engagement.

Considerations:

· Longer period may delay project milestones

· Shorter period risks insufficient community input

· Requires careful balancing of engagement quality and timeline constraints

Option 3: Do Not Publicly Exhibit the Draft Design Concepts

Not Recommended

While this option may expedite project progression, it would prevent the collection of valuable community input on the merits of each design concept. It would also conflict with Council’s adopted Policy 6.16 Community Engagement, the projects stakeholder engagement strategy and would breach the stakeholder consultation milestone requirements of the funding deed.

Risks:

· Non-compliance with funding agreement

· Misalignment with Council’s engagement policies

· Loss of community trust and transparency

Community and Stakeholder Engagement

In March 2025, Council launched a Have Your Say to gather community feedback on key aspects of the Cuttagee Bridge project, including design preferences, construction impacts, and road closures. The survey invited input on topics such as bridge usage, temporary road closures, community events, design features, and the bridge’s historical and aesthetic significance.

A total of 528 submissions were received. These responses were provided to the bridge design consultant to inform the development of three concept design options.

The Community Engagement Outcomes Report, to be presented to Council prior to the final resolution of the preferred design concept, will incorporate feedback from both the March/April 2025 Have Your Say submissions and, subject to Council endorsement of this report and its recommendations, the outcomes of the proposed public exhibition and engagement period commencing 8 September 2025.

Engagement undertaken

According to the design consultant’s program artistic renders of the three concept designs to facilitate the public exhibition and community engagement activities are due to be completed by 13 August 2025.

The project team are working to achieve providing councillors with the 3 concept design drawings, artistic renders and early indicative costs in mid-August, ideally for 20 August Council meeting.

Have Your Say questions for this proposed public exhibition are due to the project team by mid-August for Transport for NSW review and endorsement, this process generally takes up to two weeks.

Engagement planned

Two community engagement public drop-in sessions will be held during the public exhibition period.

The project team are currently finalising arrangements for the two public drop-in sessions to be held in the following locations.

Session one: Bega Village Shopping Centre, Bega - Thursday 11 September 2025 from 3pm onwards

Session two: Bermagui Markets - Sunday 28 September 2025 from 8:30am to 12:30pm

The proposed public exhibition is to run for a period of not less than 29 days, providing multiple avenues for community feedback. The following engagement methods are proposed:

Engagement Methods During Exhibition

· Online publication of the three concept options via Bega Valley Shire Council’s dedicated project website: begavalley.nsw.gov.au/Cuttagee

· Online survey hosted on the “Have Your Say” platform to gather feedback on what community members like or dislike about each option

· Dedicated project email: cuttageebridge@begavalley.nsw.gov.au

· Static displays of the three concept designs at Council libraries in Bermagui and Bega (listening posts)

· Two community drop-in sessions hosted in Bega and Bermagui by the project team

· Media release to raise awareness and encourage participation

· Targeted stakeholder outreach via email, with opportunities to meet in person with the project team during the exhibition period

Public Exhibition Materials

The materials available during the exhibition will include:

· Artistic renders of the three concept design options, along with construction methodology insights for each

· Project update and general background information

· Summary of previous “Have Your Say” outcomes, including how community input has informed the current designs

· Updated FAQs and project page, addressing topics such as how heritage considerations have been incorporated into the two hybrid options and the precinct

· Next steps and project milestones, outlining the timeline and future phases

Financial and Resource Considerations

$15 million grant funding for the Cuttagee Bridge Project is provided through a formal agreement between Transport for NSW (TfNSW) and Bega Valley Shire Council, under the Regional Road Program administered by TfNSW.

All costs involved for GHD’s contribution to the public exhibition and community engagement period is under Contract # RFT2324-060.

Council’s contribution to the project is by way of specialist staff effort and attendance, media and communications team engagement, and provision of available supporting data as required.

Legal /Policy

The previous tender processes 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.

The possible options to publicly exhibit the draft design concepts align with Council’s current adopted policy 6.16 Community Engagement and Community Engagement Strategy.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

The project and current contracts are aligned to the following outcomes from the Bega Valley Shire Community Strategic Plan 2040:

· C. Our Environment

o Strategy C.6 Develop climate resilient infrastructure and improve energy efficiency in existing buildings and assets

· D. Infrastructure

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

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

· E. Our Civic Leadership

o Strategy E.2 Our community has opportunities to actively engage and contribute in a timely manner to things that affect their wellbeing using relevant and varied communication channels.

Environment and Climate Change

A review of environmental factors (REF) is being prepared by NGH Consulting to assess the environmental impacts of the project.

It should be noted that the REF can only be finalised and determined once a decision is made on the preferred concept design option.

There are no or little environment and climate change impacts arising from a resolution to public exhibit the draft concept designs.

Economic

The Tathra-Bermagui Road (MR272) is a regional road, which runs through the North-East coastal area of Bega Valley Shire Local Government Area (LGA), an important agricultural region that generated around $37 million, or 31.5% of the total Shire agricultural value in 2020. The road provides an important transport link between Bermagui, localities and towns further south to Tathra.

Furthermore, the road provides the region with important supply chain links to the freight and logistics sector and agricultural processing areas in the LGA. It also forms an important alternative secondary link to the Princes Highway should incidents occur between Cobargo and Bega.

Securing the access along the Tathra-Bermagui Road through the completion of the current Cuttagee Bridge project will remove key load restrictions currently limiting economic productivity along the route.

There will also be some minor positive economic benefits to individual communities where community listening posts as part of the public exhibition are conducted through consumption of local goods and services.

Risk

There is financial risk arising from insufficient detailed planning and estimating prior to proceeding to the construction phase. A specific option is yet to be determined to sufficient detail such that the allocated $15 million can be verified sufficient to fully deliver the project.

Not undertaking the public exhibition associated with 3 draft design concepts may introduce project risk such that Council will have inadequate information to be able to make an informed decision about the preferred option to progress to detailed design that may dilute the final project outcomes to the current and future community or not produce optimal whole-of-life asset outcomes for the structure or the corresponding Tathra-Bermagui Road.

Social / Cultural

Tathra Bermagui road is a popular tourist road providing access to the coastal tourism assets of the Sapphire Coast, while the Cuttagee section links Barragga Bay and Bermagui and also to Tathra beyond.

The establishment of relevant listening posts will provide the opportunity for the local community to gather to provide input to the 3 draft design concepts to be exhibited such that comments can be considered by Council in determining a final preferred option for further detailed design.

Attachments

Nil

Council 20 August 2025

Item 10.1

10.1. Report on implementation of Council's Operational Plan

This report provides Council with a status update on the progress of delivering the 2024-25 (FY2025) Operational Plan.

Chief Executive Officer

Officer’s Recommendation

That Council:

1. Receive and note the 2024-25 Operational Plan progress report for the period 1 January 2025 to 30 June 2025.

2. Publish the attached progress report and corporate measures on Council’s website.

Executive Summary

At 30 June 2025, 86% percent of the 2024-25 Operational Plan activities were listed as completed or on track. Ten (10%) of activities were identified as off track and 4% of activities were withdrawn, largely due to resourcing challenges and reprioritisation of projects. Many of the projects withdrawn or delayed have been included for delivery in the recently adopted Delivery Plan 2025-2029.

Commencing in the 2025-26 financial year, progress reporting will transition to occur each quarter aligned with existing Quarterly Budget Review reporting.

Background

The purpose of the Operational Plan review is to track the progress of activities outlined in Council’s adopted 2024-25 Operational Plan.

A detailed update of the status and achievements for our Operational Plan activities has been organised by Community Strategic Plan outcomes and is provided in Attachment 1 to this report.

A range of corporate measures are recorded for analysis and reporting purposes. Attachment 2 provides several highlights captured for the January to June 2025 period.

Options

There are no options presented for this receive and note report on the Operational Plan progress update.

Community and Stakeholder Engagement

Development of the Operational Plan and budget each year includes regular community engagement. Reporting at six monthly intervals provides accountability towards achieving the plan. Commencing in the 2025-26 financial year, progress reporting will transition to occur each quarter aligned with existing Quarterly Budget Review reporting.

Publishing this report supports information being made available to the public regarding progress.

Engagement undertaken

Hardcopies of our Integrated Planning and Reporting documents are available to view at Council’s Bega office as well as Council’s libraries at Bega, Bermagui, Eden and Tura Beach. All adopted documents and progress reports can be found on Council’s website.

Engagement planned

Attachment 1 and 2 of this report are recommended to be published and made available on Council’s website. They will also become an attachment to Council’s annual report that is required to be submitted to the Office of Local Government by 30 November each year.

Financial and Resource Considerations

Fulfilling the requirements of Integrated Planning and Reporting Framework outlined in the Local Government Act 1993 is delivered as an operational function within the Business and Governance directorate.

Legal /Policy

Chapter 13 of the Local Government Act 1993 requires Council to report half yearly on the status of delivering the Operational Plan.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

The 2024-25 Operational Plan was developed to align with the adopted Community Strategic Plan 2042, Delivery Program 2022-25 and Resourcing Strategy 2022-25 including the Long-Term Financial Plan. Progress reporting is a business-as-usual activity within the Corporate Planning service area.

Environment and Climate Change

There are no direct environment or climate change implications associated with this report.

Economic

Council and its expenditure have a significant economic impact in the Bega Valley. The preparation and publishing of our progress towards the implementation of the annual Operational Plan provides a line of sight between funding (budget) and delivery (operational plan actions) informing our community on Council’s contribution and commitment as a provider of a variety of public services.

Risk

Preparation of this Operational Plan progress update has not identified any significant strategic risks associated with delivery of our programs, projects and services. Operational risks that have the potential to impact delivery of our Operational Plan actions are managed by the leadership group and considered at weekly and monthly meetings, including appropriate risk mitigation and management actions.

Social / Cultural

The receive and note recommendation of this Operational Plan progress report does not have any negative social or cultural impacts. Associated funding and adjustments to the budget for delivery of our various services are reflected in the notes provided by responsible officers.

Attachments

1 ⇩. Operational Plan Progress Report 1 January to 30 June 2025

2 ⇩. Progress Report Corporate Measures January to June 2025

Council 20 August 2025

Item 10.2

10.2. Policy review (batch 4)

This report presents 14 Council policies that have been reviewed by relevant Council officers in accordance with Section 165 of the Local Government Act 1993, which outlines the requirements for amending or revoking local policies.

Director Organisational Services

Officer’s Recommendation

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

a. 1.05 Film and Video

b. 1.06 Cultural diversity

c. 2.01 Community Learning, Libraries and Education

d. 3.08 Management of Asbestos and Silica

e. 3.11 Contaminated land

f. 4.16 Child safe organisation

g. 6.08 Sustainable procurement and contracts

h. 6.09 Information Technology

i. 6.12 Access to Information

j. 6.15 Interstate and overseas travel

k. 6.19 Closed Circuit Television

l. 6.20 Related party and Designated Persons disclosures

m. 6.27 Data breach mandatory reporting

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

2. That Policy 2.02 Live, work, invest be revoked.

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.

Executive Summary

Following the 2024 Local Government Election, Council is required to review its existing local approvals and orders policies to ensure they remain current and fit for purpose. In accordance with Section 165 of the Local Government Act 1993, if Council proposes to adopt any of these policies—either with or without amendment—it must first place the draft policy on public exhibition for a minimum of 28 days and invite submissions for at least 42 days.

After considering all submissions received, Council may choose to adopt the policy as exhibited, adopt it with amendments, or not adopt it at all.

This report presents 14 policies that have been reviewed by relevant Council officers and are recommended for public exhibition. As part of this review, Policy 2.02 Live, Work, Invest is recommended for revocation.

Background

Local government policies are essential for guiding decision-making and ensuring Council delivers responsive, effective, and transparent services to the community. Under Section 165 of the Local Government Act 1993, councils are required to review their existing policies following each election to confirm they remain relevant, effective, and fit for purpose.

If a policy is still required and Council proposes to adopt it—either with or without amendment—it must first be placed on public exhibition for a minimum of 28 days. Council must also invite public submissions for a period of at least 42 days. To ensure consistency and provide adequate opportunity for community feedback, it is recommended that all draft policies be exhibited for the full 42-day consultation period.

At its meeting on 19 February 2025, Council resolved to review its policies in four batches. Council officers have since reviewed the policies in consultation with relevant stakeholders.

This report presents 14 policies that have been reviewed and are recommended for public exhibition. One policy—Policy 2.02 Live, Work, Invest—is recommended for revocation as part of this review.

The policies presented for exhibition include:

· 1.05 Film and Video

· 1.06 Cultural Diversity

· 2.01 Community Learning, Libraries and Education

· 2.02 Live, Work, Invest (recommended for revocation)

· 3.08 Asbestos Management

· 3.11 Contaminated Land

· 4.16 Child Safe Organisation

· 6.08 Sustainable Procurement and Contracts

· 6.09 Information Technology

· 6.12 Access to Information

· 6.15 Interstate and Overseas Travel

· 6.19 Closed Circuit Television

· 6.20 Related Party and Designated Persons Disclosures

· 6.27 Data Breach Mandatory Reporting.

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

Relevant Council Officers have been engaged internally as subject matter experts for the purpose of reviewing the content of policies presented within this report.

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 the directors.

The Chief Executive Officer endorsed the review of the policies and presented the draft documents to Councillors at workshops on 2 April, 18 June, 9 July and 6 August 2025 respectively.

Engagement planned

If resolved by Council, the draft policies presented in this report will be placed on public exhibition for 28 days and receive submissions 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 21 August 2025.

The draft policies will be accessible to the community via the ‘Have your 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 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

The review and adoption of these policies aligns with the requirements under Council’s adopted Delivery Plan 2025–2029, as identified through the following Core Business activity:

· Monitor and review Council’s policy and procedure framework.

· Coordinate the updating of Council’s policies and procedures.

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 efficient
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 1.05 Film and Video exhibited 21 August 2025

2 ⇩. DRAFT for Public Exhibition Policy 1.06 Cultural Diversity exhibited 21 August 2025

3 ⇩. DRAFT for Public Exhibition Policy 2.01 Community Learning, Libraries and Education exhibited 21 August 2025

4 ⇩. DRAFT for Public Exhibition Policy 3.08 Management of Asbestos and Silica exhibited 21 August 2025

5 ⇩. DRAFT for Public Exhibition Policy 3.11 Contaminated Land exhibited 21 August 2025

6 ⇩. DRAFT for Public Exhibition Policy 4.16 Child Safe Organisation exhibited 21 August 2025

7 ⇩. DRAFT for Public Exhibition Policy 6.08 Sustainable Procurement and Contracts exhibited 21 August 2025

8 ⇩. DRAFT for Public Exhibition Policy 6.09 Information Technology exhibited 21 August 2025

9 ⇩. DRAFT for Public Exhibition Policy 6.12 Access to Information exhibited 21 August 2025

10 ⇩. DRAFT for Public Exhibition Policy 6.15 Interstate and overseas travel exhibited 21 August 2025

11 ⇩. DRAFT for Public Exhibition Policy 6.19 Closed Circuit Television exhibited 21 August 2025

12 ⇩. DRAFT for Public Exhibition Policy 6.20 Related Party and Designated Persons Disclosures exhibited 21 August 2025

13 ⇩. DRAFT for Public Exhibition Policy 6.27 Data Breach Mandatory Reporting exhibited 21 August 2025

14 ⇩. Policy 2.02 Live Work Invest v 3 - Recommended to be Revoked

Council 20 August 2025

Item 10.3

10.3. Notice to the Minister of Council's employed native title managers

A resolution of Council is required to give notice to the Minister of the name and contact details of Council’s engaged or employed native title managers.

Director Organisational Services

Officer’s Recommendation

That Council hereby resolve and give notice to the Minister of the names and contact details of Council’s engaged or employed native title managers contained in the report. The notification is in accordance with requirements of Section 8.8 of the Crown Land Management Act 2016 (NSW).

Executive Summary

Council is required to give notice to the Minister of the name and contact details of Council’s engaged or employed native title managers by 31 October each year.

Section 377(1)(s) of the Local Government Act 1993 (NSW) (LG Act) states that the making of an application, or the giving of a notice, to the Governor or Minister is a non-delegable function meaning a resolution of Council is required for such purposes.

Background

The practice of managing Crown Land in the shire has changed significantly because of the Crown Land Management Act 2016 (NSW) (CLM Act) which came into force on 1 July 2018. To comply with the requirements of the CLM Act, Council is required to engage or employ at least one qualified native title manager. Pursuant to Section 8.7 of the CLM Act written advice from a native title manager must be obtained for any dealing by Council on Crown Land to ensure those dealings can be validated under Native Title Act 1993 (Cth) (NT Act).

A native title manager is a person who has obtained the necessary qualification after completing the approved training facilitated by NSW Department of Planning and Environment. Council officers Rickee Marshall and Rob Quick attended training on 17 November 2017, Brooke Kemp attended training on 13 July 2022 Peter Fragopoulos attended training on 29 and 30 June 2023 and Carley Ryman attended training on 5 May 2025. These staff have therefore attained the native title manager qualification for the purposes of the CLM Act.

Options

There are no options for Council to consider in relation to this report as Council is required to give notice to the Minister of the name and contact details of Council’s engaged or employed native title managers each year under section 8.8 of the CLM Act.

Community and Stakeholder Engagement

Engagement undertaken

From time-to-time Council engages the services of Craig Barnes from Landsas to assist in navigating the complexities of dealing with land where native title applies.

Craig Barnes is a native title manager under the CLM Act and assists Council on the following:

· Assesses whether native title has been extinguished over land Council owns or manages.

· Provides advice as a native title manager and legal advice in relation to native title.

· Determines the appropriate future act to allow an activity to be validly undertaken on land subject to native title.

Engagement planned

Once a Council resolution has been passed Council officers will notify Crown Lands of the nominated native title managers, as required each year under section 8.8 of the CLM Act by no later than 31 October 2025.

Financial and Resource Considerations

No financial implications relating to this responsibility have been identified at this stage. It should be noted that all five staff currently have full time roles within Council and the designation of native title manager is a role in addition to their current workload.

Legal /Policy

Council must employ or engage at least one native title manager to ensure dealings with land comply with any applicable provisions of the NT Act. Section 8.8 of the CLM Act requires each Council to give notice to the Minister of the name and contact details of any person the Council has engaged or employed as a native title manager. The notice must be given by 31 October of each year.

Section 377(1) of the LG Act states that the giving of a notice to the Governor or Minister is a non-delegable function meaning a Resolution of Council is required.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

Providing notice to the Minister of the name and contact details of Council’s engaged or employed native title managers, as required, under section 8.8 of the CLM Act aligns with the requirements under Council’s adopted Delivery Plan 2025-2029 as identified through the following Core Business activity:

· Ensure compliance with Native Title and Aboriginal Land claims over all Crown land under Council’s direct management.

Environment and Climate Change

There are no environment and climate change matters associated with the recommendations of this report.

Economic

There are no economic matters associated with the recommendations of this report.

Risk

Council will not be complying with the provisions of the CLM Act if it does not formally nominate its engaged or employed native title managers to the Minister prior to 31 October each year.

Social / Cultural

There are no social or cultural matters associated with the recommendations of this report.

Attachments

1 ⇩. Native Title Manager Qualification - Rickee Marshall

2 ⇩. Native Title Manager Qualification - Robert Quick

3 ⇩. Native Title Manager Qualification - Peter Fragopoulos

4 ⇩. Native Title Manager Qualification - Carley Ryman

5 ⇩. Native Title Manager Qualification - Brooke Kemp

Council 20 August 2025

Item 10.4

10.4. Licence to Bega Valley Genealogy Society Incorporated

The licence agreement for the occupation of Council-managed Crown Reserve 180066 by Bega Valley Genealogy Society Incorporated has expired and requires renewal to support their continued use of the Old Pambula Courthouse and Police Station building.

Director Organisational Services

Officer’s Recommendation

1. That Council, as Crown Land Manager of Reserve 180066, approves tenure of five years, with a five-year option, for the Bega Valley Genealogy Society Incorporated to continue occupying the Old Pambula Courthouse and Police Station building for an annual rental in line with market value, as determined by the independent valuation completed in 2020, less any applicable rebate under Council’s Procedure 4.10.4 – Rental Assessment and Rebate, with all associated fees payable by the licensee.

2. That Council authorises the Chief Executive Officer and Mayor to execute the necessary documentation to formalise this arrangement.

Executive Summary

At its Ordinary Meeting on 20 May 2015, Council resolved to issue a licence agreement to the Bega Valley Genealogy Society (BVGS) for continued occupation of the Old Pambula Courthouse and Police Station, located on Council-managed Crown Reserve 180066. A five-year licence was subsequently granted, expiring on 30 June 2020.

Under the original resolution, Council officers were authorised to renew the licence for an additional five-year term without further reporting or a public expression of interest. With the current agreement now expired, Council officers are seeking approval to issue a new five-year licence, with a five-year option, without undertaking an expression of interest process—given the limited gazetted purposes of the reserve.

Background

On 20 May 2015, Council resolved to grant the Bega Valley Genealogy Society (BVGS) a 5+5-year tenure at the Old Pambula Courthouse, under a licence agreement commencing 1 July 2015 and expiring 30 June 2020. The agreement included a minimum rent in the first year, subject to annual CPI adjustments. The resolution also authorised Council officers to issue the second five-year term without further reporting or a public expression of interest process.

In July 2020, Opteon Property Group provided a market rent valuation for the site, outlining the following potential commercial leasing scenarios:

· Lower Range: $25,500 per annum

· Middle Range: $31,875 per annum

· Upper Range: $38,250 per annum

(An initial market rent of $40,800 was proposed before consultation and adjustment.)

As part of the renewal process, BVGS submitted a rental rebate application. The initial assessment recommended a 61% rebate, increasing the rent from $559.63 to $9,945 per annum. BVGS disputed this increase and submitted a revised application. Upon reassessment, the rebate was adjusted to 83%, resulting in a revised rent of $4,335 plus GST per annum, with added maintenance responsibilities.

Despite the valuation and rebate assessments, Council resolved on 25 November 2020 that BVGS would continue to pay minimum rent, which currently stands at $645.50 per annum.

A report presented to Council on 19 October 2022 (attached) identified significant deterioration of the building, requiring substantial capital investment. Poor maintenance had contributed to roof leaks, costing Council approximately $5,000. Council subsequently secured grant funding through the NSW Government’s Crown Reserve Improvement Fund (2022–23) to upgrade the roof and associated structures. These works were completed in January 2025.

BVGS has expressed a desire to continue occupying the Old Pambula Courthouse and has requested a 10-year tenure. Council officers recommend entering into a new five-year licence agreement, with a five-year option, without conducting a formal expression of interest or commissioning a new valuation. This recommendation is based on:

· The limited gazetted purposes of the reserve (Public Recreation and Heritage)

· The longstanding occupancy by BVGS

· The existing Council resolution to apply minimum rent following a market valuation.

Under Council’s adopted procedures, a market rental valuation is typically required at the commencement of a new licence. However, given the prior resolution and to avoid incurring unrecoverable costs, officers recommend relying on the 2020 Opteon valuation as a benchmark for current market rental value.

Options

The options available to Council are:

1. Approve a five-year tenure, with a five-year option, for the BVGS to continue occupying the Old Pambula Courthouse and Police Station building, with an annual rental based on market value as determined by the 2020 independent valuation, less any applicable rebate under Council’s Procedure 4.10.4 – Rental Assessment and Rebate. Recommended.

This is the recommended option, as reducing fees below the rebated rental level may have broader budgetary impacts. It is noted that BVGS may face challenges meeting the annual rental payments if the fee is increased above the statutory minimum rent, which could affect their ability to continue occupying the building.

2. Approve a five-year tenure, with a five-year option, for the BVGS to continue occupying the Old Pambula Courthouse and Police Station building, with an annual rental based on market value as determined by an updated independent valuation, less any applicable rebate under Council’s Procedure 4.10.4 – Rental Assessment and Rebate.

3. Approve a five-year tenure, with a five-year option, for the BVGS to continue occupying the Old Pambula Courthouse and Police Station building, with an annual rental amount in line with the Crown statutory minimum rent.

Community and Stakeholder Engagement

Engagement undertaken

Council officers have discussed the proposed tenure arrangement with representatives from BVGS who have indicated they would like to renew their agreement. It is noted that BVGS may face challenges meeting the annual rental payments if the fee is increased above the statutory minimum rent, which could affect their ability to continue occupying the building.

Engagement planned

Council officers will continue to engage with the BVGS as needed to implement Council’s resolution.

It is also recommended that a site inspection be conducted involving Council’s Property Officer, Facilities Officer, and representatives from BVGS. The purpose of this inspection is to develop a maintenance schedule that clearly outlines the respective responsibilities of Council and BVGS, to be incorporated into the new licence agreement.

In accordance with the provisions of section 47 of the Local Government Act 1993 (NSW), if Council proposes to grant tenure, in respect of community land, it must:

• Give public notice of the proposal (including on the Council’s website).

• 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.

• 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

Council officers have identified the following future maintenance priorities at the Old Pambula Courthouse:

· Drainage issues in the cell block

· A recent water leak, which may increase usage and has prompted a request for cost relief

· Ivy growth over the building exterior

· Deterioration of the rear outdoor amenity (rated condition 5), with no renewal plans due to heritage restrictions preventing demolition

While general maintenance responsibilities can be delegated to BVGS under the licence agreement, this may impose a financial burden on an organisation with limited capacity to generate income.

Legal /Policy

To ensure the proposed licence agreement with the BVGS aligns with the appropriate use and occupation of Reserve 180066, Council officers have considered the following:

· Compliance with relevant legislation, policies, and guidelines

· Compatibility with the reserve’s gazetted purpose of Public Recreation and Heritage

· Native Title rights

· Aboriginal land claims

In accordance with the Independent Commission Against Corruption (ICAC) Guidelines, and to maintain transparency and avoid any perception of impropriety, Council officers have assessed the appropriateness of direct negotiation with the current occupant. It is recommended that a formal Expression of Interest (EOI) process not be undertaken, based on the following considerations:

1. BVGS is a locally based, stand-alone, not-for-profit organisation with a voluntary management committee comprising local representatives.

2. The use of the site by BVGS aligns with the reserve’s gazetted purposes, being public recreation and heritage.

3. BVGS actively preserves and maintains collections of local historical significance, benefiting both current and future generations.

4. The costs of conducting market testing and a public competition process would exceed the rental income achievable once a community not-for-profit rebate is applied.

5. Council Property Officers complete annual Pecuniary Interest returns, and no conflicts of interest have been disclosed.

6. The reserve is currently subject to Aboriginal Land Claim and Native Title Claim processes. As such, only existing low-impact uses are authorised until those claims are assessed.

Under the Crown Land Management Act 2016 (CLM Act), Council as a Crown Land Manager (CLM) is generally authorised to administer Crown land under the public land provisions of the LG Act, including the ability to issue licences. For Crown land classified as community land, Council must have an adopted Plan of Management (PoM) in place. Under the LG Act, licences may only be issued on community land where the PoM expressly authorises such tenure. However, prior to the adoption of a PoM, Council CLMs may grant licences under specific conditions outlined in Clause 70 of the Crown Land Management Regulation 2018 (CLM Regulation). In particular, Clause 70(2)(b) provides that if a lease or licence was in effect prior to 1 July 2018, and the proposed tenure does not introduce new permitted uses beyond those in the existing agreement, Ministerial consent is not required.

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, Council manages numerous facilities and is expected to either gain a commercial return on those community assets or provide broad community benefit from those assets.

The licence renewal supports this by enabling BVGS to continue their presence at the Old Pambula Courthouse collecting and preserving the cultural heritage of the Bega Valley.

Environment and Climate Change

There are no environment and climate change matters associated with the proposed licence renewal.

Economic

Any tenure arrangement for the Old Pambula Courthouse has the potential to generate additional economic activity in the Pambula area.

The recommended options would have an impact on Council’s financial position, as any rebated or reduced rental fee would limit Council’s ability to recover the ongoing costs associated with managing the site—including depreciation, outgoings, administration, and maintenance.

Risk

In determining its direction, Council should consider the following risks associated with this report, along with proposed mitigation strategies:

Health and Safety Risks

Risk: Ongoing occupation of a deteriorating building may pose safety hazards to users.

Mitigation: A site inspection involving Council’s Property and Facilities Officers and BVGS is recommended to assess current conditions and develop a maintenance schedule. Recent roof upgrades funded through the Crown Reserve Improvement Fund (completed January 2025) have already addressed some critical issues.

Capacity and capability of BVGS to maintain the building

Risk: BVGS may lack the financial or operational capacity to manage ongoing maintenance, leading to further deterioration.

Mitigation: Clearly define maintenance responsibilities in the licence agreement and consider offering support or guidance for routine upkeep. Council may also prioritise essential maintenance items in its asset planning.

Reputational risk

Risk: There is a potential for negative community perception regarding Council’s management of heritage buildings and museums, particularly in relation to decisions to offer community facilities at rental rates below the standard rebated level.

Mitigation: To address this, Council should maintain transparency in its decision-making processes, ensure alignment with heritage and community values, and clearly communicate the rationale behind tenure arrangements and the support provided to community organisations. This includes documenting the basis for rental decisions and engaging proactively with stakeholders to reinforce Council’s commitment to responsible asset management and community benefit.

Financial risk

Risk: Continued Council ownership and management of the facility incurs ongoing liabilities, including maintenance and potential capital works (e.g. the rear amenity block rated condition 5, with no renewal plan due to heritage constraints).

Mitigation: Apply a rental structure based on the 2020 market valuation with applicable rebates to balance cost recovery and community benefit. Include tenant responsibilities in the licence to reduce Council’s financial burden.

Asset lifecycle risk

Risk: The building is ageing and approaching the end of its useful life, increasing the likelihood of major repairs or failure.

Mitigation: Incorporate the site into Council’s long-term asset management planning and explore external funding opportunities for future upgrades or adaptive reuse.

Social / Cultural

The BVGS plays a vital role in preserving the cultural heritage of the Shire, through the collection and safeguarding of historical records for the benefit of both current and future generations.

Council acknowledges and appreciates the voluntary efforts of BVGS in maintaining the Shire’s history and heritage over many years. Their long-standing presence at the Old Pambula Courthouse has been valued not only by Council, but also by the local community and visitors who have engaged with the site.

Importantly, BVGS’s thirty-year occupation of the site contributes meaningfully to its heritage value, complementing its historical use by the judiciary and police. Any future tenure arrangement must be sensitive to this legacy and seek to retain and respect BVGS’s contribution to the ongoing heritage significance of the site.

Attachments

1 ⇩. Council report dated 20 May 2015 – Occupation of Old Pambula Courthouse

2 ⇩. Council report dated 25 November 2020 - Bega Valley Shire Museums

3 ⇩. Council report dated 19 October 2022 - Occupation of Old Pambula Courthouse

Council 20 August 2025

Item 10.5

10.5. Carry Forwards, Revotes and Budget allocations at End of Financial Year 2025

At the close of each financial year (FY) Council is required to consider the revote requests from FY2025 budget to the FY2026 budget. This report also advises of budgets to be carried forward.

Director Organisational Services

Officer’s Recommendation

1. That Council receive and note the Financial Year 2025 carry forward projects.

2. That Council resolve to revote the budget allocation for projects not commenced as detailed in this report. The total allocation of $30,849,414 is to be moved from FY2025 budget and applied to the corresponding budget in FY2026.

3. That the budget recommendations relating to grant funded projects be adopted.

Executive Summary

This report formalises the request for carry forwards and revotes from the 2025 budget to the 2026 budget, before completion of the 2025 financial statements. The recommendation is based on projects that are works in progress, commenced works or priority projects that were not started in FY2025.

The report also seeks support for budget allocations in relation to grant funded projects that were not budgeted for in FY2025.

Background

Every year Council will have a range of programs that are not completed for a variety of reasons. At the end of the financial year Council considers the revotes and carry forwards of budget from the year ending and resolves on bringing the unspent budget allocation into the current year.

FY2025 saw Council continue to operate in a changing environment. The majority of projects planned by Council have been delivered however, some have been delayed and this report outlines the need to carry forward allocations against those delayed projects.

During the year, funding continued to be provided to Council that was not formally included in the operational plan and budget adopted in June 2024. Some of these allocations were for grant funded projects allocated late in the financial year.

In FY2025, significant impacts from operating in a rebuilding phase and high inflation has seen some reprioritising of Council activities and delay in some project delivery. As well, timing and resources have resulted in some projects planned for FY2025 to be reconsidered.

Carry forward or Revote?

· A carry forward is where any eligible programs or projects have commenced and are a work in progress at the end of the financial year. This does not require a revote and budgeted funds will not lapse. Expenditure can continue until any decision is made to cease the program or project.

· A revote is when an eligible program or project has not commenced by the end of the financial year. This means the budget allocation has lapsed. Council is required to decide whether the revote of the budget is approved.

A table of the project carry forwards, revotes and the funding source (external grant, revenue, other) is detailed further below in this report. Several items relate directly to funding that is required to be allocated over two or more years. The amounts included in the report are in addition to the approved FY2026 budgeted amounts.

The clear priority is to prepare plans and budgets and deliver the works included in them. In the current climate we are seeing funding to local government from NSW and Australian Government occurring outside of a “neat” budget cycle where grants are applied for and accepted within a financial year. The Quarterly Budget Review Statements (QBRS) reported to Council identify these movements throughout the year.

After council resolves on the revotes the budget approval allows staff to complete the planned works.

A summary of the requests in this report is:

Funds	Amount ($)
GENERAL FUND
Operational Revotes	-
Operational Carryover	1,238,535
Capital Revotes	385,030
Capital Carryover	24,861,669
Grant - Operational	115,407
Grant - Capital	234,629
TOTAL GENERAL FUND	26,835,270
WATER FUND
Operational Carryover	-
Capital Revotes	21,897
Capital Carryover	1,670,638
TOTAL WATER FUND	1,692,536
SEWER FUND
Capital Revotes	-
Capital Carryover	2,321,608
TOTAL SEWER FUND	2,321,608
Total All Funds	30,849,414

Options

1. That Council resolve on the recommended budget revotes from FY2025 to FY2026. Recommended.

2. Council resolves an amended list of projects not commenced and revotes an allocated budget from FY2025 to FY2026.

Community Engagement

There is no formal community engagement required for this recommendation to Council. Projects undertaken have their own community engagement plan throughout development and delivery and during the annual IPR consultation process when the original budget was adopted.

Financial and resource considerations

The recommended carry forwards and revotes included in this report have been closely considered and it is reasonable to expect that they can be achieved in FY2026 year. The impact may be that activities budgeted in FY2026 are delayed, or staged, and the quarterly budget review reports to Council will include consideration of these impacts as they become known.

Summary by fund

Operational Revotes

NIL

Operational Carryover

Capital Revotes

Capital Carryover

Capital Carryover (Continued)

Unbudgeted grants

Legal /Policy

Council is required to approve expenditure and vote money to cover expenditure under clause 211 of the Local Government (General) Regulation 2021.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

Community Strategic Plan

E.4 Council has robust financial 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:

· Preparation of Council’s annual budget along with monthly budget monitoring

· Provision of relevant, timely and accurate financial information for corporate and audit reporting

· Manage and update Council’s financial information system (Authority)

Environmental / Sustainability

There are some environmental and sustainability impacts associated with the grant funded projects that are included in the recommendations of this report.

Economic

There are no negative economic impacts associated with the grant funded programs that are included in the recommendations of this report.

Risk

The recommendations of this report allow Council to manage budget expenditure across the long-term financial plan period. The corresponding impact may be the delivery of planned programs and projects documented in the FY2026 Operational Plan.

Social / Cultural

There will be positive social benefits in Council being able to complete the works allocated budget in 2025 and not finished by the end of Financial Year.

There may be impacts on the FY2026 planned projects if they are delayed while the previous year’s works are completed.

Attachments

Nil

Council 20 August 2025

Item 10.6

10.6. For Adoption Policy 6.01 Governance - Amendments from Public Submission

This report recommends the adoption of the amended Policy 6.01 Governance following public exhibition and community feedback. The changes clarify legislative requirements and enhance transparency in Council’s policy review process, ensuring compliance with the Local Government Act 1993 and alignment with Council’s strategic principles

Director Organisational Services

Officer’s Recommendation

1. Council notes the submission received at attachment 1.

2. Council adopt Policy 6.01 Governance as at attachment 2 of this report.

Executive Summary

Policy 6.01 Governance has been reviewed in accordance with Section 165 of the Local Government Act 1993, which requires councils to assess the relevance and effectiveness of existing policies within 12 months of a local government election. Following a Councillor workshop and public exhibition period, one community submission was received and considered.

The proposed amendments clarify the legislative requirement to maintain a public register of policies and outline Council’s approach to public engagement in the policy review process. Adoption of the revised policy supports Council’s strategic principles of transparency, accountability, and responsiveness.

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 Section 165 of the Local Government Act 1993, councils are required to review their existing policies within 12 months of a local government election to ensure the policies are relevant, effective, and fit for purpose.

On 2 April 2025, the draft Policy 6.01 Governance was workshopped with Councillors and at the Council meeting on 21 May 2025, Council endorsed the revised version to be placed on Public Exhibition and open for comment for a period of 42-days. The draft was exhibited on 22 May 2025 and received one submission on 2 July 2025.

The draft policy is being recommended to be updated before council finally adopts the policy and incorporates amendments based on the community feedback. Although the draft policy intended to broaden the definition and practice of governance in Council through this policy, it is acknowledged that removal of specific activities relating to the policy framework of council was lost in this review and it is recommended to be reinstated as a purpose of the policy.

The recommended changes seek to provide clarification on two key items:

1. This amendment reinstates the legislative requirement under the Local Government Act 1993 (NSW) to maintain a public register of Policies.

2. Provides an overview and commitment to the public regarding community engagement in the Policy Review process that is supported by the strategic guiding principles of Council.

Options

1. Council can accept the submission, endorse the proposed amendments to the publicly exhibited policy and adopt the policy as attached to this report. Recommended.

2. Council can adopt the draft policy that was placed on public exhibition without making further amendments.

3. Council can propose other amendments to the policy in response to the submission received, before formally adopting it.

Community and Stakeholder Engagement

Relevant Council Officers have been engaged internally as subject matter experts for the purpose of reviewing the content of the policy presented within this report.

Community feedback obtained through public exhibition has prompted the amendment of this policy and the preparation of this report.

As a result of the submission received, Council officers recommend that the policy placed on public exhibition be further amended (Attachment 2) and adopted by Council.

Engagement undertaken

Members of the community were invited to make submissions on the draft policy during the 42-day consultation period commencing on 22 May 2025.

The draft policy was accessible to the community via the ‘Have your say’ page on the Council website.

Council has reviewed the submission and deemed the recommended changes as a major change in the policy's scope, purpose, or intent.

Engagement planned

Following adoption by Council, the final version of the policy will be published on Council’s website for public access.

Financial and Resource Considerations

The review and amendment of this policy has been undertaken within existing operational budgets. No additional funding is required for implementation.

Ongoing servicing and administrative support will continue to be managed within current staffing levels, with no anticipated impact on other departmental service delivery.

Legal /Policy

The review of the policy presented in 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 process also aligns with Council’s internal Policy Review, Adoption and Amendment Procedure, which mandates periodic review and amendment of policies through formal Council resolution.

Additionally, the review is consistent with the NSW State Policy Framework administered by the Office of Local Government, which encourages councils to govern in a lawful, transparent, and accountable manner. This includes consideration of mandatory guidelines and best practice principles under Section 23A of the Local Government Act 1993.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

This report aligns with the following 2025-29 Delivery Program and operational activities:

CSP Theme

Our civic leadership – Local leadership is strong, consultative and responsive to our community’s needs.

CSP Strategy

E.1 Lead, govern and regulate in an ethical, equitable, transparent and accountable way

E.8 Council has a governance framework that promotes and guides accountability and transparency

Delivery Program

E.8.1 Develop and implement good governance systems.

E.1.1 Conduct day-to-day management of Council and support Councillors to undertake their role

Operational Plan activity

E1.1.1 Coordinate the review of Council’s policies and procedures

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 policies demonstrates the principles in the following ways:

· Effective and efficient
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 consider the impacts of each policy relating to the environment and climate change during the review process.

There are no negative impacts on the environment or climate change relating to the preparation of this report and its recommendations.

Economic

The review of individual policies enables Council to consider the economic impacts of policy implementation.

There are no economic risks or impacts 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.

There is also reputational risk that must be considered as part of this report. The proposed community engagement and consultation prior to adoption mitigates reputational risks by ensuring members of the community are given the opportunity to participate in policy development and decision-making processes.

Social / Cultural

How does it relate to the relevant social / cultural impacts.

The policy review process reflects Council’s commitment to inclusive governance and community engagement. By inviting public submissions during the exhibition period, Council has actively sought to incorporate the lived experiences, insights, and expertise of community members into the development of public policy.

This approach strengthens the relevance and responsiveness of Council’s policies, ensuring they reflect local values and priorities. It also reinforces transparency and trust in decision-making by recognising the role of the community as co-creators of public documents.

Attachments

1 ⇩. Robert Kingston Submission - Governance Policy 6.01 Review - 1st July 2025

2 ⇩. 2025.08.20 ATTACHMENT - DRAFT Policy 6.01 Governance for adoption 20 August 2025

Council 20 August 2025

Item 10.7

10.7. Disposal of Lot 17 DP 862638 at Stringybark Place, Millingandi

A formal request has been received for the purchase of Lot 17 DP 862638 at Stringybark Place, Millingandi.

Director Organisational Services

Officer’s Recommendation

1. That Council delegates authority to the Chief Executive Officer and Mayor to negotiate and approve the divestment of Lot 17 DP 862638, Stringybark Place, Millingandi to the offeree for the amount offered, with no commitment made to support any future rezoning of the land parcel.

2. That Council’s legal fees associated with finalising the matter be paid from the proceeds of sale.

3. That Council authorises its official seal to be affixed to the contract documents under the signature of the Chief Executive Officer and Mayor.

4. That the offeree be formally advised of Council’s decision.

Executive Summary

A formal offer has been received for the purchase of Lot 17 DP 862638, located at Stringybark Place, Millingandi. Council’s consideration is sought to proceed with the divestment of this land parcel and the associated water reservoir asset. This divestment will eliminate the financial liability associated with this surplus asset from Council.

Background

The reservoir located on Lot 17 DP 862638, Stringybark Place, Millingandi, failed approximately two years ago. Following this, trunk main customers were redirected to the existing main via a pressure reducing valve, effectively removing the operational need for the reservoir. It has since been deemed surplus to Council requirements, having reached the end of its service life. Water and Sewer Services have been investigating options for its decommissioning and demolition. During these investigations, the neighbouring property owner at 75 Stringybark Place expressed interest in purchasing both the small parcel of land and the reservoir for use as water storage on their property.

Council officers have undertaken investigations and confirmed that Lot 17 DP 862638 is classified as Council-owned operational land, making it eligible for sale. The land is currently zoned SP2 Infrastructure, with the designated use being a water reservoir. This zoning permits the continued use of the site for water storage purposes.

Importantly, the zoning definition does not require the facility to remain under public ownership or control, meaning it can continue to operate as a reservoir if sold to a private landholder.

Should the purchaser wish to pursue an alternative use for the land, a rezoning via a planning proposal would be required.

Council has now received a formal offer from the adjoining landowner to purchase Lot 17 DP 862638, including the associated water reservoir, as detailed in the attached confidential memorandum.

An aerial view of a house with a pool and trees

AI-generated content may be incorrect.

Figure 1 highlights Council-owned operational land, identified as Lot 17 DP 862638, outlined in orange.

Options

The options available to Council are:

1. Proceed with disposal of Lot 17 DP 862638 at Stringybark Place, Millingandi for the value offered with no commitment to support a re-zoning application for the land parcel and resolve accordingly. Recommended.

2. Decline to accept the offer received and advise the offeree of Council’s decision and an agreed value for the disposal of Lot 17 DP 862638 at Stringybark Place, Millingandi.

3. Retain ownership of Lot 17 DP 862638 at Stringybark Place, Millingandi.

Community and Stakeholder Engagement

Engagement undertaken

Council officers have consulted with the adjoining landowner regarding the proposed disposal of Lot 17 DP 862638 and the associated asset. Given the location and configuration of the land parcel, it is not considered practical to offer the land on the open market. As shown in Figure 1, there are no other adjoining landowners who would reasonably benefit from or have practical access to this parcel.

Engagement planned

Council officers will continue to liaise with the purchaser and legal representatives to implement the resolution of Council.

Financial and Resource Considerations

All options outlined in this report carry financial and resource implications for Council.

If proceeding with a sale, Council will incur costs associated with officer time, legal engagement, and administrative processing. These costs will be offset against the proceeds from the proposed disposal of Lot 17 DP 862638, located at Stringybark Place, Millingandi.

If Council chooses to retain the land, the financial liability remains. The site includes a decommissioned reservoir that has reached the end of its service life and is no longer required by Council. Retention would require ongoing maintenance and eventual demolition, representing a continued cost burden.

Disposal of the parcel to the adjoining landowner would eliminate future maintenance and demolition costs, offering a practical and cost-effective outcome for Council.

Based on recent quotes for similar reservoir demolitions, the estimated cost breakdown is as follows:

Item	Value
Average cost per m2	$221.59/m2
Estimated tank capacity	0.1ML
Tank surface area	153.29m2
Estimated total cost	$33,967.53

This estimate highlights the financial benefit of disposal, as retaining the site would require capital investment.

Legal /Policy

Under the Local Government Act 1993 (NSW) (LG Act), there is no restraint on Council’s ability to sell or otherwise dispose of land classified as operational land. Section 377(1)(h) of the LG Act requires a specific Resolution of Council to dispose of any land.

Council’s Procedure 4.10.5 Council’s Acquisition, Dedication and Disposal of Land or Interests in Land may be varied to accommodate the specific requirements of a matter, subject to a formal Resolution of Council. Where a disposal is proposed below market value, the justification must be clearly outlined in the report submitted for Council’s consideration.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

Council’s Delivery Program 2025–2029 identifies the management of Council’s property portfolio—including the acquisition and disposal of land to meet legal obligations—as a core operational responsibility.

Additionally, this report directly advances several strategic objectives:

· Sustainable asset management: Ensuring property assets are maintained, renewed, or divested in alignment with service delivery requirements and lifecycle planning.

· Financial responsibility: Delivering commercial value from Council’s property holdings while reducing liabilities through strategic disposals and efficient tenure arrangements.

Environment and Climate Change

There are no environmental or climate change implications associated with the proposed disposal of the land and asset, as the purchaser intends to continue using the site for water storage purposes.

Economic

The proposed disposal aligns with Council’s broader strategy to optimise land holdings. It supports divestment of surplus assets that no longer require public ownership, freeing up resources for higher-priority infrastructure and complements Council’s approach to sustainable asset management, ensuring land is retained only where it directly supports service delivery.

Risk

In determining its direction, Council should consider the following risks associated with this report, along with proposed mitigation strategies:

Demolition and maintenance costs if retained

Risk: If Council retains ownership of the site and chooses to decommission the water reservoir, it will incur significant costs.

· Estimated demolition cost: $33,967.53, based on a tank surface area of 153.29m² and recent quotes for similar works.

· Ongoing maintenance and liability costs for unused infrastructure.

Mitigation: Disposal of the site to a purchaser who intends to continue using it for water storage eliminates these costs and liabilities.

Zoning and land use constraints

Risk: The land is zoned SP2 Infrastructure, designated for water reservoir use. While this zoning permits private ownership, any future change in land use would require:

· A formal rezoning process via a planning proposal.

· Potential updates to land classification and purpose.

Mitigation: The sale agreement can include conditions that reinforce the current use and clarify the rezoning requirements, ensuring transparency and regulatory compliance.

Social / Cultural

There are no social or cultural impacts associated with the proposed disposal of Lot 17 DP 862638.

Attachments

1. Confidential Memorandum to councillors - Proposed disposal of Lot 17 DP 862638 (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 20 August 2025

Item 10.8

10.8. Customer Experience Framework

This report seeks to provide a summary of the developed Customer Experience Framework and associated revised policies and procedures seeking Council’s endorsement for public exhibition and comment before adoption.

Director Organisational Services

Officer’s Recommendation

That Council:

1. Receive and note this report as the response to council resolution 180/24 regarding review pathways for operational decisions.

2. Review and endorse the following suite of draft documents that support a customer experience framework and place them on public exhibition for a minimum period of 28 days and that submissions be received for 42 days:

a. Draft policy 6.13 Customer Service Standards (Attachment 1)

b. Draft Procedure 6.02.06 Compliments (Attachment 2)

c. Draft Procedure 6.02.11 Complaints (Attachment 3)

d. Draft Procedure 6.02.12 Managing Unreasonable Conduct by Complainants (Attachment 4)

e. Draft Customer Service Charter (Attachment 5)

f. Currently Adopted Policy 6.13 Organisational Service Standards

g. Currently Adopted Procedure 6.02.06 Compliments and Complaints including Unreasonable Correspondent Complainant Conduct

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

4. 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 or the supporting procedures.

5. That following adoption of the suite of documents, the Customer Experience Framework be prioritised for corporate training in FY2026, including development of an LMS module and face-to-face training sessions for all staff.

Executive Summary

This report seeks Council’s endorsement of the revised policies, procedures and customer service charter to support Council’s priority of improving customer experience through all interactions and communication between council representatives and our community.

The framework consolidates and refines existing governance documents to improve customer service delivery and organisational accountability. Included is the Customer Service Charter that outlines how we will measure our success.

Background

Council may review and update its strategies and systems at any time. The Customer Experience Framework has been developed to align existing strategies, policies, and procedures under a unified approach and support Council’s commitment to delivering exceptional customer service. It includes:

i. Digital Strategy

ii. Community Engagement Strategy

iii. Delivery Program and Operational Plan

iv. Customer Service Charter

v. Customer Service Standards

vi. Revised policies and procedures

vii. Staff training and development

viii. Strategic guiding principles

The framework provides clear expectations for customer interactions and supports continuous improvement in service delivery. It represents a new approach to aligning existing systems and processes and will:

1. Provide overall direction for all councillors, staff and contractors on their responsibilities in delivering customer service.

2. Provide guidance in implementing and managing an improved customer experience.

3. Achieve organisational commitments and standards adopted by Council for ongoing delivery of a customer-centric orientated organisation.

4. Enable Council to link service delivery with our strategic guiding principles.

5. Align our customer service standards to the Community Strategic Plan (CSP), Delivery Program (DP) and Operational Plan (OP).

Importantly, the Customer Service Charter includes a commitment to evaluating our performance. Our measures are:

How we will evaluate our performance

We will benchmark ourselves against the following standards:

· Answering your calls to our Customer Service Centre within 30 seconds.

· Respond to 80% of calls to our Customer Service Centre at first contact.

· Less than 10% of calls will be disconnected by the customer before speaking to a council officer.

· Return telephone messages by close of business the following working day.

· Respond to your written correspondence within 5 working days and provide ongoing updates until resolution;

· Council’s website content will be reviewed every 6 months

· Notify you when the matter has been closed or provide an update within 10 days.

· Provide 5 days notice for any planned changes to operating hours.

Options

In considering this report, Council has the following options:

1. Place the draft suite of documents on public exhibition as attached to this report. Recommended.

2. Resolve to amend the draft documents attached and place on public exhibition.

3. Revoke draft policy 6.13 Customer Service Standards

Community and Stakeholder Engagement

Engagement undertaken

Customer experience was identified as a strategic priority by Councillors in November 2022, prompting a review of existing initiatives and documents. This led to the decision to develop a framework instead of a standalone strategy to consolidate and streamline Council’s approach to customer service.

Valuable input was received from Shellharbour City Council, known for their strong customer experience practices. Internal engagement included workshops with Councillors (March 2024, July 2024, February 2025), and consultation with the Leadership Executive Group, Senior Leadership Group, Customer Service Team, Records Team, and Governance staff. All sessions held have contributed to the refinement of the framework and ensure alignment with operational needs.

On 27 November 2024 Council resolved (180/24):

1. That staff provide a report outlining current review pathways for different types of operational decisions.

2. That the report includes recommendations to improve the process of requesting review of a decision based on best practice.

3. That council workshop the recommendations.

A workshop was held with Councillors on 14 May 2025. The following recommendations were made by staff regarding review pathways for operational decisions:

· Formalise 3-Level Escalation Model: Implement structured approach from frontline resolution to external review

· Expand External Review Options: Include Alternative Dispute Resolution (ADR), independent investigation, and clear appeal pathways.

· Enhance Transparency: Clearly communicate external review options to complainants

· Continuous Improvement: Monitor complaints data and use external review insights to improve processes.

Following this discussion, the draft complaints procedure (Attachment 3) was updated.

Engagement planned

The recommendation of this report is for public exhibition on the customer experience framework and the draft documents developed to support this improvement initiative. It is hoped that the community will provide feedback during this period to inform council’s final decision on the adopted policies and procedures.

In addition, the training program to improve customer experience listed as Recommendation 4 in this report will include implementation of the recommendations for review pathways of operational decisions and development of a training program to progress the desired customer experience culture and achieve ongoing improvements.

Financial and Resource Considerations

The customer experience project has been led by the Director Organisational Services for the past two years. All consultation and administrative tasks have been delivered as part of core service responsibilities within the Business and Governance Coordination budget. Should the framework be adopted, the implementation is considered an organisational culture initiative and responsibility may change as a result of the new organisation structure and a new manager position reporting to the Chief Executive Officer.

It is likely that there will be additional costs to develop online material for the learning management system (LMS). This will be funded from operational budget allocations in organisational development or corporate training.

Legal /Policy

The Customer Experience Framework and supporting policies and procedures presented in this report for public exhibition provides clear guidelines for customer interactions. This clarity supports Council in meeting its legal and policy obligations, reduces the risk of non-compliance, and strengthens governance practices.

The framework incorporates a formalised three-level escalation model for complaints handling, aligned with NSW Ombudsman guidelines:

· Level 1: Frontline resolution by customer service staff.

· Level 2: Review by senior staff or designated complaints officers.

· Level 3: Referral to external review mechanisms such as the NSW Ombudsman, ICAC, NCAT, or the Office of Local Government.

This structure ensures transparency, fairness, and accountability in managing complaints and supports Council’s obligations under the Public Interest Disclosures Act 2022 and the Local Government Model Code of Conduct.

In addition, the service review being undertaken for development assessment will strengthen council’s approach in understanding an end-to-end service delivery process. Any learnings from this review will be incorporated into council’s corporate procedures and training.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

The framework documents Council’s commitment to customer service and community satisfaction. An action plan (as part of Policy 6.13 Customer Service Standards) has been proposed to support implementation and cultural change. It aligns with the Community Strategic Plan, Delivery Program, and Operational Plan, and reinforces Council’s strategic guiding principles.

Training programs are embedded in the framework to ensure staff are aware of their legal and policy responsibilities, supporting high standards of service and compliance.

Environment and Climate Change

There are no environmental impacts associated with the endorsement of placing the draft suite of documents on public exhibition or adopting them as council’s framework to support a positive customer experience culture.

Economic

There are no economic impacts associated with the endorsement of placing the draft suite of documents on public exhibition or adopting them as council’s framework to support a positive customer experience culture.

Risk

The framework introduces mechanisms for tracking and documenting customer interactions, enhancing transparency and accountability that support management of reputational risk.

It supports early identification and resolution of issues, reduces legal risk, and promotes consistent complaint handling aligned with policy and legislation.

The framework also outlines clear external review pathways, including:

i. NSW Ombudsman

ii. ICAC

iii. Land and Environment Court

iv. Information and Privacy Commission

v. NCAT

vi. Office of Local Government

These mechanisms provide independent oversight and support continuous improvement through feedback and systemic analysis.

Social / Cultural

The framework promotes consistent and fair treatment of customers, supports community engagement, and aligns services with public expectations. It fosters trust and confidence in Council through improved communication and service standards in line with Council’s strategic guiding principles.

Attachments

1 ⇩. 2025.08.20 ATTACHMENT Draft for Public Exhibition Policy 6.13 Customer Service Standards exhibited 21 August 2025

2 ⇩. 2025.08.20 ATTACHMENT - Draft Procedure 6.02.06 Compliments

3 ⇩. 2025.08.20 ATTACHMENT - Draft Procedure 6.02.11 Complaints

4 ⇩. 2025.08.20 ATTACHMENT - Draft Procedure 6.02.12 Managing Unreasonable Conduct by Complainants

5 ⇩. Draft Version Policy 6.13 Attachment - Customer Service Charter 2025

6 ⇩. Currently Adopted - Policy 6.13 Organisational Service Standards v 5 - B&G adopted by Council 16/11/2022

7 ⇩. 2025.08.20 ATTACHMENT - Currently Adopted Procedure 6.02.06 Compliments and Complaints including Unreasonable Correspondent Complainant Conduct v 5 November 2020

Council 20 August 2025

Item 10.9

10.9. Certificate of Investment July 2025

This report details Council’s cash and investments at 31 July 2025.

Director Organisational Services

Officer’s Recommendation

1. That Council receive and note the report on Council’s investment position at 31 July 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 31 July 2025 the total capital value of cash and investments was $155,030,302.86 with 90% 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	July-2025 ($’000)
General Fund	64,642
Water Fund	24,032
Sewer Fund	66,356
TOTAL	155,030

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 31 July 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	9,885,143.07
Commonwealth Bank (At Call cash account)	AA-	CASH	-	-	3.90	5,000,000.00
NSW Treasury Corporation (Strategic Cash Fund)	AA-	CASH	-	-	-	145,159.79
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						$155,030,302.86

Table 2: Interest from Cash and Investments
Interest earned for July 2025	$578,966
Financial year to date interest earned	$578,966
Revised Budgeted interest for 2025/2026 financial year	$4,120,000
Percentage of the 2025/2026 budget earned by Council	14%

Council’s investment portfolio is largely directed towards term deposits (90%). The remainder of the portfolio is held in cash deposit accounts with CBA and TCorp (10%).

The investments held by Council remain sufficiently liquid with 57% of investments maturing within the next 12 months.

Council’s cash and investment portfolio has a weighted average maturity of 409 days.

For the month of July, the cash and investments held by Council provided a return of 4.86% p.a. This annualised performance exceeded the monthly RBA cash rate of 3.85% and the AusBond Bank Bill Index of 3.60%. The below table represents the annualised performance of council’s investment portfolio.

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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	May-2025	June-2025	July-2025
General Fund	59,616	64,505	64,642
Water Fund	28,073	28,582	24,032
Sewer Fund	66,787	66,918	66,356
TOTAL	154,476	160,005	155,030

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 31 July 2025 is $565,508 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 31 July 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 31 July, 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

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Credit Quality Compliance

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Maturity Compliance

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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 20 August 2025

Item 14.1

14.1. Cr Haggar - Is Council taking any measures to research and prepare for impacts from climate change events?

Cr Peter Haggar asked:

1. South Australia is currently facing an “unprecedented” algal bloom that scientists say is driven, in large part, by climate change.

The bloom has caused devastation to sea creatures and had flow on effects to fishing and tourism businesses.

At least one study projects an increase in the spread of the bloom over next summer. (1)

Given the Bega Valleys extensive coastline and given the importance of our coast to our economic and social wellbeing what measures have staff undertaken to assess the current best available science of a warming ocean on our community?

2. What measures has Council taken to allow for effective response to non-linear climate change events such as these?

3. What role could council take to advocate for increased research in the effects of ocean heating to our community?

Cr Peter Haggar

Staff Response

Due to the influence of sea surface temperatures on extreme rainfall events, marine algal blooms and estuarine water quality, Council’s environmental section monitor sea surface temperatures via the Bureau of Meteorology Marine & Oceans section http://www.bom.gov.au/oceanography/forecasts/idyoc300.shtml?region=NSW&forecast=SST. Over the past 6 months we have witnessed record sea surface temperatures of over 33 degrees along the north western Australian coastline and water temperatures between 1.5 degrees and 2.5 degrees above long term average off the NSW Coastline. These events have seen record coral bleaching in Western Australia and exacerbated the extreme rainfall events that we have seen along the mid north coast of NSW.

Closer to home our local oyster industry has experienced the impacts of the water temperatures in the mid to high twenties in our estuaries with the outbreaks of the harmful naturally occurring Vibrio parahaemolyticus in 2024. This outbreak resulted in the temporary harvest closure of some of most productive estuaries. https://www.abc.net.au/news/rural/2024-03-14/marine-heatwave-closes-merimbula-lake-oyster-farms/103582208

Staff have discussed the installation of automated temperature probes on to the existing water level stations in each of our key oyster growing estuaries to act as an early alert system for to our oyster farmers and other estuary users.

Increasing ocean temperatures are predicted to increase the strength of the East Australian Current (EAC), the main ocean current along Australia’s east coast. The EAC is now penetrating further south and is now impacting key marine ecosystems such as the Bull Kelp along our coast (which is retreating south) and the Giant Kelp forests of Tasmania’s east coast. Previous research in Merimbula Bay identified a range of tropical fish species that had been transported south by the EAC, that were not resident to our area.

The NSW Marine Estate Management Authority (MEMA) is conducting ongoing targeted research into changes to our marine ecosystems along the NSW Coast as a result of changing oceanic conditions. Council works in partnership with the MEMA on research projects as the opportunity arises. The southerly retreat of the Bull Kelp and susceptibility of the endangered Posidonia seagrass beds in Merimbula Lake in particular of two examples of the visible impact of average rising sea temperatures.

What measures has Council taken to allow for effective response to non-linear climate change events such as these?

All Council policies that relate to the response to projected climate change and its impact on natural systems, infrastructure and our local community are flexible and can be updated in accordance with State or Australian Government policy direction or the best available internationally accepted science. As an example, our flood models have seen a change in the rainfall factor (+18%) as recommended by Geoscience Australia, to be used by consultants in the development of catchment flood studies.

Council’s climate response takes a risk management approach, which results in a non-linear responses to these non-linear events. For example, with regard to land use planning, the 2013 LEP adopted a conservative setback for development around our estuaries to allow for future sea level rise, larger flood events and uncertainty around entrance behaviour. Our flood planning policy makes a clear distinction between risk tolerances for different development types, with key infrastructure and critical facilities having to be located above the PMF flood. In low lying areas such as Fishpen we require higher floor levels for new dwellings than would have been otherwise required.

The challenge for staff, Councillors and government is catering for potential non-linear climate change impacts when making decisions that require certainty regarding building locations, heights, private and public investment decisions, policy development etc. The key tool is where possible to avoid natural hazards that will be exacerbated by climate change, regardless of the timing or uncertainty of the change.

There will always be impacts such as South Australian algae outbreak that sit outside established procedures, rehearsed responses or funding capability. However, our staff are well practiced and responding to uncertainty and utilising their experience and network of government contacts to assist in dealing with these non-liner events should they occur.

What role could council take to advocate for increased research in the effects of ocean heating to our community?

Should Council be of a mind to, it could advocate to State and Federal Government to invest in more regional scaled predictive modelling that attempts to correlate ocean temperature changes with specific marine ecosystem impacts that have the potential to result in social and economic impacts on local communities and industries. Further research into the impacts of temperature driven bacteria, harmful algae or virus outbreaks in the Southern NSW Sydney Rock Oyster producing estuaries would be a valuable piece of research that would have multiple benefits to the many local residents, visitors and industries that rely on the quality of our estuarine ecosystems.

Attachments

Nil

Council 20 August 2025

Item 14.2

14.2. Cr O'Neil - Cuttagee Bridge Restoration and Tathra-Bermagui Road erosion concerns

Cr Helen O’Neil asked:

1. Has the Council assessed condition of the Tathra-Bermagui Road and its surroundings in the vicinity of the Cuttagee Beach, following the recent storms and dune erosion? With many NSW coastal councils experiencing erosion and sea inundation, is the Council working with our neighbours on future strategies and plans to deal with increasing storm disruption, and looking to review our own coastal management plans?

2. What is the current status of work on the Cuttagee Bridge Restoration, and the timing of next steps in the process to decide which of the three options under consideration will be taken forward?

3. What will be the advice and information available for public consultation on the condition and risks from coastal inundation along the Tathra-Bermagui route during the upcoming consultations on designs for the Cuttagee Bridge?

Cr Helen O’Neil

Staff response

Has the Council assessed condition of the Tathra-Bermagui Road and its surroundings in the vicinity of the Cuttagee Beach, following the recent storms and dune erosion? With many NSW coastal councils experiencing erosion and sea inundation, is the Council working with our neighbours on future strategies and plans to deal with increasing storm disruption, and looking to review our own coastal management plans?

Staff have been monitoring the Cuttagee Beach dunes over recent months due to the number of ocean storm events and the compounding impact of sand loss from the narrow dunes that protect the coast road and bridge approaches The road and its immediate environs have been inspected and while there is currently no damage to the carriageway, there is clear evidence of ongoing dune erosion, particular along the southern end of the beach, that if it continues would compromise the stability of the road verge and actual sealed pavement.

Council environmental staff also attended the location and are preparing recommendations to arrest any future erosion that consider a range of options including low impact beach scrapping (to move sand up against the active erosion scarp) and large geotextile sand bags. The beach scrapping option is the most straight forward from an approval point of view, whilst the sandbags can be approved under the Coastal Management Act as “temporary coastal protection works”. Any more substantial engineering solutions such as a buried terminal rock structure, would require more extensive development consent and environmental assessment impact. Crown Lands have been advised of the issue and the possible need to seek owners consent and other crown approvals for any of these actions. Staff have been in contact with DCCEEWW Coastal Management Staff to look at grant funding to assist with works and dune rehabilitation along Cuttagee Beach.

Staff are experienced in the design and placement of coastal protection works along the open coast and estuarine environments and have been involved in the development of the legislation and guidelines that direct any works in locations such as Cuttagee. Council staff have establishment contacts with coastal management professionals across NSW Coastal Council’s, State Agencies and private coastal engineering consultancies that can be utilised should further assistance be required.

What is the current status of work on the Cuttagee Bridge Restoration, and the timing of next steps in the process to decide which of the three options under consideration will be taken forward?

The Cuttagee Bridge project is proceeding in line with the funding deed milestones and while there have been some slight delays due to the complex nature of developing 3 concept designs, each with differing construction methodologies and constraints, and ensuring strict compliance with the limitations and standards set by the funding body, it is anticipated the key milestone dates will be met pending Council decisions on how to progress past the current stage.

There has been pressure to accelerate the delivery of the project by the funding body however the ability to do so during the planning and design phases is limited as until a preferred option is determined key critical path activities such as the REF, permit acquisition and demolition approvals can’t be completed.

Key points to note are:

· All recent and historical information, reports, community consultation feedback etc has been shared with the project team and designers in order to fully inform the development of the 3 concept designs as stipulated in the Deed

· A variation to the original deed has been approved for a limited amount of the project budget to be used to develop a preliminary ‘precinct’ plan, and the first workshop has taken place.

· Draft concept engineering drawings have been received and undergone review by staff and are recommended for public exhibition at this meeting

· Artistic renders of the 3 options have been completed and were recommended for public exhibition at this meeting

· The Council Report on Cuttagee Bridge presented to this meeting requests a resolution of Council to place the 3 concept designs and associated collateral on public exhibition for a minimum of 29 days from 8/09/2025

· Have Your Say survey questions have been drafted and are currently awaiting endorsement from the funding body, TfNSW.

· Proposed Public Drop-in Sessions:

o Bermagui Markets - Sunday 28 September 2025 from 8:30am to 12:30pmBega Village Shopping Centre, Bega - Thursday 11 September 2025 from 3pm onwards Exhibition collateral including artistic renderings, methodologies etc is being prepared

o Media release / HYS is being prepared along with a Newsletter containing:

§ Project update

§ Constructability discussion

§ Possible Precinct sketches

§ High level summary of previous HYS and how the info was used.

§ Next steps

· Targeted stakeholders will be approached via emails with opportunity to meet in person during exhibition period.

· Following the public exhibition period an Options Assessment Report and a consolidated Engagement Summary Report will be prepared that will be presented to Council in November for a decision on which option to proceed with.

What will be the advice and information available for public consultation on the condition and risks from coastal inundation along the Tathra-Bermagui route during the upcoming consultations on designs for the Cuttagee Bridge?

Coastal inundation and road protection works were not part of the funding deed or election promise, therefore they were not included in the tender scope as a deliverable. It is not envisaged that any specific advice regarding coastal inundation around Barragga Bay and Cuttagee will be given at this time and consultation will be confined to the bridge Concept Designs other than to say any future bridge design will consider all current available coastal erosion and inundation modelling.

As the agreed variation work progresses on the possible ‘precinct’ more information on potential coastal erosion protection methodologies will be explored.

Attachments

Nil

[1] To avoid doubt, a bedroom is defined in this plan as a room designed or intended for use as a bedroom or any room capable of being adapted to or used as a separate bedroom, for example, a study.

Council	20 August 2025
*Item 8.1 - Attachment 1*	Draft Notice of Determination

Council	20 August 2025
*Item 8.1 - Attachment 2*	Proposed Development Plans

Council	20 August 2025
*Item 8.3 - Attachment 1*	Fees and Charges 2025-26 ADOPTED Amended 20-8-25

Council	20 August 2025
*Item 8.4 - Attachment 1*	Affordable Housing Strategy Implementation Plan

Council	20 August 2025
*Item 9.1 - Attachment 1*	ReBoot Application 2025_Redacted

Council	20 August 2025
*Item 9.1 - Attachment 2*	Open Street Application 2025_Redacted

Council	20 August 2025
*Item 10.1 - Attachment 1*	Operational Plan Progress Report 1 January to 30 June 2025

Council	20 August 2025
*Item 10.1 - Attachment 2*	Progress Report Corporate Measures January to June 2025

Council	20 August 2025
*Item 10.2 - Attachment 1*	DRAFT for Public Exhibition Policy 1.05 Film and Video exhibited 21 August 2025

Council	20 August 2025
*Item 10.2 - Attachment 2*	DRAFT for Public Exhibition Policy 1.06 Cultural Diversity exhibited 21 August 2025

Council	20 August 2025
*Item 10.2 - Attachment 3*	DRAFT for Public Exhibition Policy 2.01 Community Learning, Libraries and Education exhibited 21 August 2025

Council	20 August 2025
*Item 10.2 - Attachment 4*	DRAFT for Public Exhibition Policy 3.08 Management of Asbestos and Silica exhibited 21 August 2025

Council	20 August 2025
*Item 10.2 - Attachment 5*	DRAFT for Public Exhibition Policy 3.11 Contaminated Land exhibited 21 August 2025

Council	20 August 2025
*Item 10.2 - Attachment 6*	DRAFT for Public Exhibition Policy 4.16 Child Safe Organisation exhibited 21 August 2025

Council	20 August 2025
*Item 10.2 - Attachment 7*	DRAFT for Public Exhibition Policy 6.08 Sustainable Procurement and Contracts exhibited 21 August 2025

Council	20 August 2025
*Item 10.2 - Attachment 8*	DRAFT for Public Exhibition Policy 6.09 Information Technology exhibited 21 August 2025

Council	20 August 2025
*Item 10.2 - Attachment 9*	DRAFT for Public Exhibition Policy 6.12 Access to Information exhibited 21 August 2025

Council	20 August 2025
*Item 10.2 - Attachment 10*	DRAFT for Public Exhibition Policy 6.15 Interstate and overseas travel exhibited 21 August 2025

Council	20 August 2025
*Item 10.2 - Attachment 11*	DRAFT for Public Exhibition Policy 6.19 Closed Circuit Television exhibited 21 August 2025

Council	20 August 2025
*Item 10.2 - Attachment 12*	DRAFT for Public Exhibition Policy 6.20 Related Party and Designated Persons Disclosures exhibited 21 August 2025

Ordinary

Meeting Notice and Agenda

To:

Copy:

Live Streaming of Council Meetings

Publishing of Agendas And Minutes

Ethical Decision Making and Conflicts of Interest

A guiding checklist for Councillors, officers and community committees

Ethical decision making

Conflict of interest

The test for conflict of interest

Identifying problems

Local Government Act 1993 and Model Code of Conduct

Agency advice

Disclosure of pecuniary interests / non-pecuniary interests

Agenda

Statement of Commencement of Live Streaming

Acknowledgement of Traditional Owners of Bega Valley Shire

1 Apologies and requests for leave of absence

2 Confirmation Of Minutes

3 Declarations

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

5 Petitions

6 Mayoral Minutes

7 Urgent Business

8 Staff Reports – Community, Environment and Planning

9 Staff Reports – 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 20 August 2025

Item 9.3

10.1. Report on implementation of Council's Operational Plan

Officer’s Recommendation

Attachments

10.8. Customer Experience Framework

Officer’s Recommendation

Attachments

Council	20 August 2025
*Item 10.2 - Attachment 13*	DRAFT for Public Exhibition Policy 6.27 Data Breach Mandatory Reporting exhibited 21 August 2025

Council	20 August 2025
*Item 10.2 - Attachment 14*	Policy 2.02 Live Work Invest v 3 - Recommended to be Revoked

Council	20 August 2025
*Item 10.3 - Attachment 1*	Native Title Manager Qualification - Rickee Marshall

Council	20 August 2025
*Item 10.3 - Attachment 2*	Native Title Manager Qualification - Robert Quick

Council	20 August 2025
*Item 10.3 - Attachment 3*	Native Title Manager Qualification - Peter Fragopoulos

Council	20 August 2025
*Item 10.3 - Attachment 4*	Native Title Manager Qualification - Carley Ryman

Council	20 August 2025
*Item 10.3 - Attachment 5*	Native Title Manager Qualification - Brooke Kemp

Council	20 August 2025
*Item 10.4 - Attachment 1*	Council report dated 20 May 2015 – Occupation of Old Pambula Courthouse

Council	20 August 2025
*Item 10.4 - Attachment 2*	Council report dated 25 November 2020 - Bega Valley Shire Museums

Council	20 August 2025
*Item 10.4 - Attachment 3*	Council report dated 19 October 2022 - Occupation of Old Pambula Courthouse