Ordinary Meeting Minutes

Held on Wednesday 17 September 2025

at Council Chambers, Biamanga Room Bega Valley Commemorative Civic Centre Bega commencing at 2:00pm

Present Cr Russell Fitzpatrick, Mayor Cr Mitchell Nadin, Deputy Mayor Cr Tony Allen Cr Simon Daly Cr Peter Haggar Cr Clair Mudaliar Cr Peggy Noble Cr Helen O’Neil Cr David Porter

In Attendance Chief Executive Officer, Mr Anthony McMahon Director, Infrastructure, Mr Ian Macfarlane Director, Community, Environment and Planning, Mrs Emily Harrison Director, Organisational Services, Mrs Iliada Bolton Manager Engagement and Corporate Strategy, Mrs Kaliegh Smerdon Executive Officer (Minute Secretary), Mrs Jackie Grant

Statement of Commencement of Live Streaming

The Mayor made an announcement about live streaming requirements:

Council meetings are recorded and live streamed to the Internet for public viewing. 

The recording will be archived and made available on Council’s website www.begavalley.nsw.gov.au.

Acknowledgement of Traditional Custodians of Bega Valley Shire

The Mayor commenced by acknowledging, on behalf of Bega Valley Shire Council, the traditional custodians of the lands, waterways and airspace on which we are gathering.

Statement of Ethical Obligations

The Mayor and Councillors are reminded that they remain bound by the Oath/Affirmation of Office made at the start of the council term to undertake their civic duties in the best interests of the people of Bega Valley Shire and to faithfully and impartially carry out the functions, powers, authorities and discretions vested in them under the Local Government Act or any other Act, to the best of their skill and judgement.

The Mayor and Councillors are also reminded of the requirement for disclosure of conflicts of interest in relation to items listed for consideration on the Agenda or which are considered at this meeting in accordance with the Code of Conduct and Code of Meeting Practice.

1.	Apologies
	There were no apologies.

2.	Confirmation of Minutes
138/25	RESOLVED on the motion of Crs Nadin and Haggar That the Minutes of the Ordinary Meeting held on 20 August 2025 as circulated, be taken as read and confirmed. In favour:             Crs Allen, Daly, Fitzpatrick, Haggar, Mudaliar, Nadin, Noble, O'Neil and Porter Against:                  Nil

3.          Declarations

There were no declarations of interest

4.          Public Forum

The following deputation was heard:

Item 8.2 - Adoption of Draft Affordable Housing Contributions Policy

· Ms Nat Allan on behalf of Southern Cross Housing – FOR

5.                 Petitions

There were no petitions.

6.          Mayoral Minutes

 There were no Mayoral minutes.

7.          Urgent Business

There was no urgent business.

8.          Staff Reports – Community, Environment and Planning

8.1

Memorandum of Understanding Bega Valley Shire Council and Clean Energy for Eternity

139/25

RESOLVED on the motion of Crs O'Neil and Haggar That Council delegates authority to the Chief Executive Officer to enter into the Memorandum of Understanding with Clean Energy for Eternity Incorporated at Attachment 1 to support installation of renewable energy infrastructure on Bega Valley Shire Council assets. In favour:             Crs Allen, Daly, Fitzpatrick, Haggar, Mudaliar, Nadin, Noble, O'Neil and Porter Against:                  Nil

	Committee of the whole
140/25	RESOLVED on the motion of Crs Haggar and O'Neil 2:04pm  That the ordinary council meeting move to a committee of the whole. In favour:             Crs Allen, Daly, Fitzpatrick, Haggar, Mudaliar, Nadin, Noble, O'Neil and Porter Against:                  Nil

	Ordinary council meeting
141/25	RESOLVED on the motion of Crs Nadin and Daly 2:57pm  That the committee of the whole move back to the ordinary council meeting. In favour:             Crs Allen, Daly, Fitzpatrick, Haggar, Mudaliar, Nadin, Noble, O'Neil and Porter Against:                  Nil

8.2	Adoption of Draft Affordable Housing Contributions Policy
	03:20 pm      Cr Nadin left the meeting. 03:22 pm     Cr Nadin returned to the meeting. A motion was moved by Crs Daly and O’Neil 1.    That Council notes the submissions received during public exhibition of the draft Affordable Housing Contributions Policy (Attachment 2).  2.    That Council adopts the draft Affordable Housing Contributions Policy as amended post-exhibition (Attachment 1). 3.    That those who made a submission during the public exhibition are notified of Council’s decision. A motion was foreshadowed by Cr Nadin Resolve not to adopt the draft policy. The motion was pout to the vote and it was CARRIED In favour:             Crs Daly, Fitzpatrick, Haggar, Mudaliar and O'Neil Against:                  Crs Allen, Nadin, Noble and Porter
142/25	RESOLVED on the motion of Crs Daly and O'Neil 1.    That Council notes the submissions received during public exhibition of the draft Affordable Housing Contributions Policy (Attachment 2).  2.    That Council adopts the draft Affordable Housing Contributions Policy as amended post-exhibition (Attachment 1). 3.    That those who made a submission during the public exhibition are notified of Council’s decision. In favour:            Crs Daly, Fitzpatrick, Haggar, Mudaliar and O'Neil Against:                  Crs Allen, Nadin, Noble and Porter

8.3

Tura Marrang Library and Community Centre ground floor (lower level) redevelopment

143/25

RESOLVED on the motion of Crs O'Neil and Nadin That Council: 1.    Notes this report and the progress made on the redevelopment of the lower level of the Tura Marrang Library and Community Centre 2.    Resolves to take no further action in redeveloping the lower level of the Tura Marrang Library and Community Centre unless grant funding becomes available, noting minor works will be undertaken to address the environmental conditions to support the current SECCA collection storage needs funded from the current Facilities Maintenance budget. In favour:             Crs Allen, Daly, Fitzpatrick, Haggar, Mudaliar, Nadin, Noble, O'Neil and Porter Against:                  Nil

8.4	Development Application statistics - April to June 2025
144/25	RESOLVED on the motion of Crs O'Neil and Daly That Council note the information contained in this report. In favour:             Crs Allen, Daly, Fitzpatrick, Haggar, Mudaliar, Nadin, Noble, O'Neil and Porter Against:                  Nil

9.          Staff Reports – Infrastructure

9.1

Bega Valley Local Traffic Committee 5 August 2025

145/25

RESOLVED on the motion of Crs Nadin and Haggar That Council adopt the recommendations of the Bega Valley LTC meeting held on 5 August 2025 as outlined below: 1. Wanderer Festival 2025 – Saturday 4 & Sunday 5 October 2025 a.    That there is no on street Parking along Pambula Beach Road; eastbound from Dingo Street to its intersection with Culgoa Crescent; westbound from its intersection with Culgoa Crescent to its intersection with Sir William McKell Drive. This is to be picketed and taped off with reflective tape to prevent parking in this area. b.    That buses continue to enter Lumen Christi Catholic College via Pambula Beach Road and exit onto Culgoa Crescent (with Traffic Control). c.     That there is no right turn into Culgoa Crescent (western end) from Pambula Beach Road for entirety of the event. Entry into Culgoa Crescent will be from the eastern end of Pambula Beach Road, dropping patrons off at the existing school drop off in Culgoa Crescent. d.    That, all up to date Traffic Guidance Schemes (TGS) be supplied showing the changes above complete with a traffic controller and vehicle at the intersection of Culgoa Crescent and Pambula Beach Road (western end), preventing a right-hand turn into Culgoa Crescent from Pambula Beach Road. e.    That one month prior to the event date, all affected residents will be notified by letter drop advising them of the proposed changes to traffic movements. The letter must provide the residents with contact details of the event organisers f.     That there is a reduction in the speed limit on Pambula Beach Road on days leading up to and during the event to a 40km/h speed zone (160m west of the access driveway to Sapphire Aquatic Centre to the intersection of Culgoa Crescent) and shown on the TGSs. g.    That organisers fully implement an approved Special Event Transport Management Plan. Police have indicated as this is a proposed large-scale event there will be a minimum 60-day review time for Police approval.  h.    That organisers supply (prior to the event) copies of owner’s consent for the use of the access driveways to Lumen Christi Catholic College and from the NSW National Parks for permission to use the access driveway entrance at Sapphire Aquatic Centre. i.      That persons involved in the preparation and implementation of the Traffic Guidance Scheme must hold the appropriate SafeWork NSW and Transport for NSW (TfNSW) accreditation. j.     That organisers have approved public liability insurance of at least $20 million indemnifying Bega Valley Shire Council, NSW Police and TfNSW by name for the event. k.    That organisers have written Police approval prior to conducting the event. l.      That the event achieves all conditions of Council’s DA2023.85. m.   That, as a prerequisite of the proposed changes to traffic movements, 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. n.    That after the event, organisers are to clean up any rubbish or waste left behind. o.    That the event operates strictly under the NSW Health Department COVID19 conditions. p.    That the ‘Residents Only’ signage on be removed for the period of the event and re-instated thereafter. q.    That clear parking directions, including appropriate signage for recommended parking areas, be provided. r.     That organisers include considerations for bushfire and weather management in their plans. s.     That a pedestrian management plan be incorporated into the TGS. 2. Hot Rodders Show n Shine, Eden – Sunday 19 October 2025 a.    That, subject to conditions, Imlay Street, Eden be temporarily closed between Bass Street and Chandos Street between 9.00am and 12.30pm on Sunday, 19 October 2025 for the Eden Show n Shine car display. b.    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.         i)     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.         ii)    At least 1-2 Traffic control vehicles to be used to physically obstruct access to closed roads to supplement delineation devices if delineation devices alone are insufficient. 3. Review of Signs and Line Markings – Subdivision DA2009.0263 (Lot 2 DP124577), 340 Old Wallagoot Road, Wallagoot Installation of No Stopping Signage, as per sign and lines plan provided a.      Cul-de-sac Area          Chainage 365 (Northbound): No Stopping – Right Arrow (R5-400(R))          Chainage 365 (Southbound): No Stopping – Left Arrow (R5-400(L))          Chainage 400: No Stopping – Double Arrow (R5-400(L+R)) b.     Subdivision Entry Road          Chainage 140 (Southbound): No Stopping – Right Arrow (R5-400(R))          Chainage 20 (Southbound): No Stopping – Left Arrow (R5-400(L))          Chainage 160 (Northbound): No Stopping – Left Arrow (R5-400(L)) c.     Wallagoot Road (between Shady Lane and Subdivision Roadway) Chainage 140 (Old Wallagoot Road, Northbound): No Stopping – Right Arrow (R5-400(R)) d.     That, a review of signage and line marking is required. e.     It was also noted that safety considerations, as outlined above, should be highlighted as per below: i)     The cul-de-sac must remain unobstructed to facilitate safe turning movements. ii)    The sharp curves at the subdivision entry require clear carriageways to prevent accidents and ensure safe navigation. iii)   Maintaining clear zones at intersections will support better traffic flow and reduce potential hazards. 4. Bermagui Safe System Assessment Report – Pedestrian Crossing options That, subject to funding, Council approve the recommendations as contained in the final Recommendations Report SSA Pedestrian Crossing Bermagui installation and as outlined in Local Traffic Committee meeting minutes dated 5 August 2025. 5. Request to convert taxi zone to loading zone – Beach Street Parking That council approve a 15-minute timed parking zone in place of one of the existing taxi zones (closest to Waterfront Café) on Beach Street carpark Merimbula. In favour:             Crs Allen, Daly, Fitzpatrick, Haggar, Mudaliar, Nadin, Noble, O'Neil and Porter Against:                  Nil

9.2	Merimbula Airport General Aviation Precinct
	A motion was moved by Crs Nadin and Allen 1.    That Council endorses the water and sewerage arrangements for lease lots within the General Aviation precinct, as outlined in the report dated 17 September 2025. 2.    That Council approves the construction of an airside-accessible toilet facility to service users in the General Aviation precinct, connected to water supply and sewerage infrastructure. 3.    That Council delegates authority to the Chief Executive Officer and Mayor to negotiate and execute documentation granting 20-year land-only tenure arrangements to successful Expression of Interest applicants, at a rate of $20.00 plus GST per square metre per annum for lease sites within the new General Aviation Precinct, subject to annual CPI increases. 4.    That Council delegates authority to the Chief Executive Officer and Mayor to negotiate and execute licence documentation granting non-exclusive licence agreements of up to 20 years to successful Expression of Interest applicants for apron space adjoining lease sites within the new General Aviation Precinct, at a rate of $5.00 plus GST per square metre per annum, subject to annual CPI increases. A motion was foreshadowed by Cr Porter 1.    That Council endorses the water and sewerage arrangements for lease lots within the General Aviation precinct, as outlined in the report dated 17 September 2025. 2.    That Council approves the construction of an airside-accessible toilet facility to service users in the General Aviation precinct, connected to water supply and sewerage infrastructure. 3.    That Council delegates authority to the Chief Executive Officer and Mayor to negotiate and execute documentation granting 20-year land-only tenure arrangements to successful Expression of Interest applicants, at a rate of $20.00 plus GST per square metre per annum for lease building footprint only within the new General Aviation Precinct, subject to annual CPI increases. 4.    That Council delegates authority to the Chief Executive Officer and Mayor to negotiate and         execute licence documentation granting non-exclusive licence agreements of up to 20 years         to successful Expression of Interest applicants for apron space adjoining lease sites within the         new General Aviation Precinct, at a rate of $5.00 plus GST per square metre per annum,         subject to annual CPI increases The motion was put to the vote and it was CARRIED In favour:             Crs Allen, Daly, Fitzpatrick, Haggar, Mudaliar, Nadin, Noble and O'Neil Against:                  Nil Abstained:             Cr Porter
146/25	RESOLVED on the motion of Crs Nadin and Allen 1.    That Council endorses the water and sewerage arrangements for lease lots within the General Aviation precinct, as outlined in the report dated 17 September 2025. 2.    That Council approves the construction of an airside-accessible toilet facility to service users in the General Aviation precinct, connected to water supply and sewerage infrastructure. 3.    That Council delegates authority to the Chief Executive Officer and Mayor to negotiate and execute documentation granting 20-year land-only tenure arrangements to successful Expression of Interest applicants, at a rate of $20.00 plus GST per square metre per annum for lease sites within the new General Aviation Precinct, subject to annual CPI increases. 4.    That Council delegates authority to the Chief Executive Officer and Mayor to negotiate and execute licence documentation granting non-exclusive licence agreements of up to 20 years to successful Expression of Interest applicants for apron space adjoining lease sites within the new General Aviation Precinct, at a rate of $5.00 plus GST per square metre per annum, subject to annual CPI increases. In favour:             Crs Allen, Daly, Fitzpatrick, Haggar, Mudaliar, Nadin, Noble and O'Neil Against:                  Nil Abstained:             Cr Porter

9.3	Reporting of minutes- Section 355 General Sportsground Advisory Committee meeting 26 May 2025
147/25	RESOLVED on the motion of Crs Nadin and Mudaliar That Council receive and note the report and attached minutes of the Section 355 General Sportsground Advisory Committee meeting held on 26 May 2025. In favour:             Crs Allen, Daly, Fitzpatrick, Haggar, Mudaliar, Nadin, Noble, O'Neil and Porter Against:                  Nil

10.        Staff Reports – Organisational Services

There were no Organisational Services report.

11.        Staff Reports - Executive Services

11.1

Council Meeting Dates January 2026 - December 2026

148/25

RESOLVED on the motion of Crs Nadin and Haggar

1.    That Councillors adopt the meeting dates for 2026 as noted below with meetings to be held         at 2:00pm:

Wednesday, 28 January 2026	Ordinary
Wednesday, 25 February 2026	Ordinary
Wednesday, 25 March 2026	Ordinary
Wednesday, 22 April 2026	Ordinary
Wednesday, 6 May 2026	Ordinary
Wednesday, 27 May 2026	Ordinary
Wednesday, 10 June 2026	Ordinary
Wednesday, 24 June 2026	Ordinary
Wednesday, 15 July 2026	Ordinary
Wednesday, 19 August 2026	Ordinary
Wednesday, 23 September 2026	Ordinary
Wednesday, 21 October 2026	Ordinary
Wednesday, 18 November 2026	Ordinary
Wednesday, 16 December 2026	Ordinary

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

Against:                  Nil

11.2

Local Government NSW (LGNSW) Conference 2025 Motions

149/25

RESOLVED on the motion of Crs O'Neil and Daly That Council 1.    Endorse the following Motions being submitted to LGNSW for consideration for inclusion onto the Agenda for the Annual Conference, to be uploaded by 12 midnight (AEST) on Tuesday 30 September 2025 to the LGNSW website: a.  Clarity in definition for moveable dwelling/tiny home regulation b. Equitable arts and culture funding for regional council operated services (e.g., Galleries) c. Expanding temporary housing flexibility in response to the housing crisis d. Trainee, apprentice and cadet funding and Local Government as an employer of choice e. Reinstatement Business Connect program f. Delegate the CEO to prepare a motion to be circulated to Councillors prior to submission relating to betterment funding as part of natural disaster funding In favour:             Crs Allen, Daly, Fitzpatrick, Haggar, Mudaliar, Nadin, Noble, O'Neil and Porter Against:                  Nil

11.3

Actions from resolutions of Council - Progress Report

150/25

RESOLVED on the motion of Crs Nadin and Allen That: 1.    Council be provided quarterly update reports to monitor progress on implementation of Council resolutions 2.    Council notes the progress update on implementation of Council resolutions contained within this report 3.    Council endorse the completed resolutions contained within this report In favour:             Crs Allen, Daly, Fitzpatrick, Haggar, Mudaliar, Nadin, Noble, O'Neil and Porter Against:                  Nil

12.        Councillor Reports

There were no councillor reports.

13.        Rescission/Alteration Motions

There were no rescission/alteration motions.

14.        Notices of Motion

14.1	Lions Beach Reserve at Pambula
	Cr Nadin withdrew the motion Can staff provide a report to council on costs to upgrade the power at Lion’s Park Pambula Beach to allow for food van connection?

15.        Questions with Notice

There were no questions with notice.

16.        Questions without Notice

16.1

Cr Nadin - Lots in our Shire

A response to Cr Nadin’s Question without Notice was provided in the Ordinary Council Meeting Agenda of 17 September 2025 with the response as follows: How many lots are there in our Shire? There are 27,685 lots in the Bega Valley Local Government Area, noting not all lots were created for the purpose of a dwelling. How many lots are currently built on? Of those, it is estimated that 18,300 allotments are occupied excluding allotments in National Park, forestry lands, commercial, industrial, special use zones, environmental conservation, waterways and recreation area). How many vacant lots have a minimum lot size small enough to get building approval? It is important to understand that dwelling entitlements are not necessarily linked to lot sizes. For example: · All urban or village lots with reticulated sewer or where suitable Onsite Sewage Management solutions can be demonstrated can be built on. · Rural dwelling entitlements in the RU1, RU2 and C3 zones vary but generally depend on how and/or why the lot was created (for example, was the allotment created for the purpose of a dwelling in a subdivision under an Environmental Planning Instrument – SEPP, LEP etc). · Rural Residential dwelling entitlements in zones RU4, C4 and R5 vary but generally lots tend to have dwelling entitlements because they were created for the purposes of a dwelling. How many lots have no building entitlement? The number and location of rural and rural residential lots with no building entitlement is not known and cannot be derived without individually investigating every single parcel of land.  Landowners seeking information on dwelling entitlement status for their property are encouraged to write to Council for more information (development enquiry fees may apply). What we do know · In 2015 there were approximately 1,067 existing vacant concessional lots. · In 2019 approximately 16% of existing rural residential zoned lots were vacant. · In 2019 there was capacity for up to 590 additional lots to be created in rural residential zones. · In 2020 Council’s Rural Residential Strategy created potential for between 700-1,350 new rural residential lots. · 2025 estimates of existing vacant lots are in the order of 900 vacant urban zoned residential lots, 600 vacant rural residential zoned lots and over 5,000 vacant rural zoned lots. These figures are estimates and have not been subject to ground truthing. Concern has been raised that dwelling entitlements were ‘lost’ with the introduction of Bega Valley Local Environmental Plan 2013. With the exception of specific site by site directions for land from adopted Council strategies such as Structure Plans, staff are unaware of any dwelling entitlements that have been lost through the implementation of LEP 2013. If any landowner believes that their dwelling entitlement was lost through the implementation of LEP 2013, they should contact Council’s Strategic Planning Section with the property details and this will be thoroughly investigated on a case by case basis. It should be noted that of the handful of cases known to staff where land owners have claimed they lost a dwelling entitlement through the implementation of LEP 2013, upon investigation none of these claims have been substantiated.

16.2

Cr Porter - Robertson Street, Bemboka upgrade

A response to Cr Porter’s Question without Notice was provided in the Ordinary Council Meeting Agenda of 17 September 2025 with the response as follows: 1. What cost estimates, if any, have been developed to upgrade and seal Robertson Street in Bemboka, particularly the section between Loftus Street (Snowy Mountains Highway) and Garvan Street? Firstly, it must be recognised that this section of road reserve in Bemboka is not and never has been a formed road.  Until relatively recently it was a Crown Road Reserve that was then transferred to Council without upgrading or provision of suitable property access. The pictures below show it as green field site without any formed access to the properties with just wheel ruts delineating it. Any proposal therefore is not for a road upgrade but a complete road construction and provision of property access points.  As can be clearly seen the gradient of any road will cause significant design challenges to mitigate the drainage and runoff issues at the bottom of the hill. Following a QoN from Cr Bain in 2019, Council’s Roads Coordinator carried out a site visit and developed a preliminary high level cost estimate based on then current unit rates for materials and construction of a ‘typical’ rural road including drainage structures. This was estimated at approximately $220,000 in 2020 but was without the benefit of any survey, geotechnical investigation, pavement or drainage design to fully inform the estimate.  Also specifically excluded was any provision for exit/entry onto the Snowy Mountains Highway, identification and relocation of any services in the corridor and easement requirements for the power lines on the western side of Robertson Street. 2. What was the scope of any such estimated upgrades? The scope was for the design and construction of a basic, minimum width spray sealed pavement and associated drainage structures. Approx dimensions were assumed as 240m x 7m with a 250mm pavement depth for estimation purposes only. An allowance was included for detailed survey and design which would confirm all dimensions. 3. What mechanisms would be available to facilitate a co-contribution arrangement between property owners and the Council for the upgrade of the road? In this type of circumstance property owners may utilise several mechanisms to contribute to road upgrades. These mechanisms are broadly categorised as follows: Voluntary Contributions and Agreements Special Rate or Charge Schemes Development Contributions (Sections 7.11 and 7.12) 1. Voluntary Contributions and Agreements One of the most direct mechanisms involves voluntary financial or in-kind contributions by property owners. When residents seek improvements to a local road—such as sealing, widening, or drainage enhancements—they may organise collectively and submit a formal request to Bega Valley Shire Council. Council may enter a cost-sharing arrangement whereby property owners contribute a portion of the upgrade costs, with council providing the balance. The typical process includes the following steps: Lodgement of an initial request with council by affected property owners or an association representing them. Council undertakes a comprehensive assessment of the proposal, estimates costs, and negotiates the scope of work and financial contributions. A formal agreement is executed, stipulating the commitments of all parties, timelines, and technical specifications. Upon completion of agreements, works are scheduled and executed by council or approved contractors. This approach relies on goodwill, transparency, and open communication between council and residents. 2. Special Rate or Charge Schemes Under the Local Government Act 1993 (NSW), councils possess the authority to levy special rates or charges on properties that benefit from specific works or services, such as road upgrades. In Bega Valley Shire, this mechanism is occasionally employed for major works where a clear, direct benefit to a defined group of properties can be established. The process for implementing a special rate or charge scheme typically involves: Identification of properties that will derive benefit from the proposed road upgrade. Preparation of a detailed proposal, including costings, scope of works, and method of apportioning charges. Consultation with affected property owners to explain the proposal and seek formal feedback. Formal adoption of the scheme by council, subject to statutory public notification and the opportunity for submissions. Execution of works, with costs recovered via the special rate or charge included in council rates notices. This mechanism ensures that those who benefit directly from improved infrastructure share the associated costs, while providing a transparent and accountable process. 3. Development Contributions (Sections 7.11 and 7.12) New residential and commercial developments frequently generate additional demand for local infrastructure, including roads. To address such impacts, the Environmental Planning and Assessment Act 1979 provides for the collection of development contributions (previously Section 94 contributions, now Sections 7.11 and 7.12). When property owners or developers submit a development application that, if approved, will necessitate upgraded roads, council may require payment of a development contribution as a condition of consent. These funds are allocated to specific works identified in council’s development contributions plan, which is publicly accessible and regularly reviewed. Development contributions are generally collected upon issuance of the construction certificate or prior to commencement of works. This is not usually retrospective so would not be applicable to previously constructed and approved dwellings.

16.3

Cr Porter – Are shark fishing signs posted at Tathra Wharf since the upgrade?

A response to Cr Porter’s Question without Notice was provided in the Ordinary Council Meeting Agenda of 17 September 2025 with the response as follows: The no shark fishing sign at the Tathra Wharf is currently located adjacent to the pedestrian access ramp to the public amenities. See photo below. Prior to the wharf upgrade project, the sign was located in the middle of the deck on the main ramp, outside the cafe doors.

16.4	Cr Nadin - Merimbula CBD planning works
	Cr Nadin asked for an update on where the Merimbula CBD planning work is at? Director Infrastructure, Mr Ian Macfarlane took the question on notice.

16.5	Cr Mudaliar - Eden netball courts
	Cr Mudaliar asked can staff advise what plans are in place to improve the netball courts in Eden and what work has been done to progress the improvements? Chief Executive Officer, Anthony McMahon advised yes, plans are in place. We have applied for grant funding previously and will bring a further response back to the next council meeting with what is being done so it is publicly known.

16.6

Cr O'Neil - Coastal Council Association Conference

Cr O’Neil advised Coastal Council Association met recently in Queensland to discuss the continuing cost and impact of increased storms and coastal inundation. The conference was followed by the recent assessment of national climate change impacts in Australia including our coastal areas. I understand some NSW Coastal Councils attended, but not from this Shire, and that there are moves in this state to increase coordination of efforts to understand threats to our Coasts in light of climate change and the increasing costs of mitigating risks, as we are experiencing in our roads and bridges and coastal assets including sports facilities and cemeteries. Our coastal management plans are part of this and I am sure we have other work going on this. Would you outline the Council’s work to identify threats and potential costs and coordination with the other Councils along the NSW seaside? Director Community, Environment and Planning, Mrs Emily Harrison took the question on notice.

16.7

Cr O'Neil - Cuttagee Bridge

Cr O’Neil advised bridge designs are being presented at individual meetings and at a forum at Murrah Hall tomorrow.  However, our project managers are focussing only on the bridge itself, but we all know that the bridge design and operation is absolutely integrated into the Tathra Bermagui Road, a regional tourist route. Would you outline what work is underway on the precinct around the bridge for traffic calming, and issues like access to the beach for families, surfers and fishers, pedestrian crossings, speed limits, car parking and impact on the coastal environment both north and south. Any update on plans for a temporary bridge being installed? Director infrastructure, Mr Ian Macfarlane advised the funding and deed is for the bridge, not for a precinct. We are aware of the need to make sure the bridge is integrated into the network and into the location. A $30K variation to the deed (taken out of the $15M funding) has been secured to look at high level precinct planning and what that would look like into the future. If we don’t know what bridge is going to go into the space we can’t do a great deal of planning, we also have coastal erosion issues. There is a working group looking at high level precinct planning, once the bridge design is determined and the planning engaged we will be able to look at what the precinct needs to look like to suit the bridge that goes in there and that work will be ongoing through the duration of the project. This is an area we would need to seek funding for hence the reason we took $30K out of the $15M to try to get a high level plan together to approach various funding bodies to fund the extension to the bridge, which could be then called a precinct. The temporary bridge, without pre-empting which bridge is selected we have listened to commentary around what is required to maintain that connectivity, we are constrained with the land that we have. In a perfect world we would take the bridge down in its current location and replace anything in that location that would prevent disturbance to the dunes and local habitat. It would mitigate issues with: · aboriginal heritage · the width road reserve · having to purchase land · biodiversity credits  That is unlikely to be the solution for a number of reasons, to demolish the bridge we have to be in the gap, so a temporary bridge is being looked at as a pre requisite for each of the three designs as they stand. These will serve two purposes, to enable construction to be carried out on either end, to enable the demolition to happen from a static platform and to enable an amount of continuous access both north and south along main road 272 at that. That doesn’t mean to say it will be open permanently, it will be a construction access and there will be a need for road closures but the intention for the duration of the project is to have another bridge along side as part of the pre cursor works. There is contingency in the numbers passed to you in the region of $1.5M and $2M will be for the temporary bridge crossing that will enable the above.

17.        Confidential Business

There was no confidential business.

Statement of Re-Commencement of Live Streaming

The Chairperson advised that the recording of the Council Meeting would recommence and reminded those present that Council meetings are recorded and live streamed to the Internet for public viewing.

18.        Noting of Resolutions from Closed Session

There was no noting of resolutions from closed session.

19.        Declassification of reports considered previously in closed session

There was no declassification of reports considered previously in closed session.

Closure

There being no further business, the Chairperson closed the meeting at 4:41pm.

Confirmed    Russell Fitzpatrick
(digitally signed)

Chairperson of the meeting of the Bega Valley Shire Council held on Wednesday, 17 September 2025.