Ordinary Meeting Minutes
Held on Wednesday 12 November 2025
at Council Chambers, Biamanga Room Bega Valley Commemorative Civic Centre Bega commencing at 2:00pm
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PresentCr Russell Fitzpatrick, Mayor Cr Mitchell Nadin, Deputy Mayor Cr Tony Allen Cr Simon Daly Cr Peter Haggar Cr Clair Mudaliar Cr Peggy Noble Cr Helen O’Neil Cr David Porter |
In AttendanceChief Executive Officer, Mr Anthony McMahon Director, Infrastructure, Mr Ian Macfarlane Director, Community, Environment and Planning, Mrs Emily Harrison (Zoom) Director, Organisational Services, Mrs Iliada Bolton Communication Officer, Mr Jeff Donne (Minute Secretary), Miss Chelsea Jessop |
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 |
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2. |
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151/25 |
RESOLVED on the motion of Crs O'Neil and Haggar That the Minutes of the Ordinary Meeting held on 15 October 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
Pecuniary Interest
There were no Pecuniary interests.
Non Pecuniary Interest
Cr O’Neil declared a non-pecuniary conflict of interest for item 9.1 Cuttagee Bridge Renewal Project - Concept design option determination. Cr O’Neil advised that her husband was a member of the Save Cuttagee Bridge group prior to her becoming a Councillor in 2021. A signed declaration form was tabled by Cr O’Neil, she will remain in the chamber and vote.
4. Public Forum
The following deputations were heard:
Item 9.1 - Cuttagee Bridge Renewal Project - Concept design option determination
· Ms Karen Joynes – AGAINST
· Mr Philip Coates – AGAINST
· Mr Kenneth Robinson – FOR
Item 10.6 – Pambula Surf Life Saving Club sublease
· Ms Ann Smith – 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
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8.1 |
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152/25 |
RESOLVED on the motion of Crs O'Neil and Haggar 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 |
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8.2 |
Reporting of minutes for committees with delegated authority and advisory committees |
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153/25 |
RESOLVED on the motion of Crs O'Neil and Nadin That Council note this report and the minutes for the: · Access and Inclusion Advisory Committee for February and May 2025 · Central Waste Facility Consultative Committee for August 2025. In favour: Crs Allen, Daly, Fitzpatrick, Haggar, Mudaliar, Nadin, Noble, O'Neil and Porter Against: Nil |
9. Staff Reports – Infrastructure
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9.1 |
Cuttagee Bridge Renewal Project - Concept design option determination |
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Cr O’Neil declared a non-pecuniary conflict of interest for item 9.1 Cuttagee Bridge Renewal Project - Concept design option determination. Cr O’Neil advised that her husband was a member of the Save Cuttagee Bridge group prior to her becoming a Councillor in 2021. A signed declaration form was tabled by Cr O’Neil, she will remain in the chamber and vote. A motion was moved by Crs Porter and Nadin 1. Progress option 2 as outlined in the report and in alignment with the funding deed to detailed design and planning for the replacement of Cuttagee Bridge. 2. Commences advocating for and seeking additional funding sources to ensure the bridge construction can be delivered. A motion was foreshadowed by Cr Allen 1. Progress option 3 as outlined in the report and in alignment with the funding deed to detailed design and planning for the replacement of Cuttagee Bridge. 2. Commences advocating for and seeking additional funding sources to ensure the bridge construction can be delivered. The motion was put to the vote and it was LOST In favour: Crs Nadin, Noble and Porter Against: Crs Allen, Daly, Fitzpatrick, Haggar, Mudaliar and O'Neil
The foreshadowed motion became the motion and was moved by Cr Allen and seconded by Cr Fitzpatrick: 1. Progress option 3 as outlined in the report and in alignment with the funding deed to detailed design and planning for the replacement of Cuttagee Bridge. 2. Commences advocating for and seeking additional funding sources to ensure the bridge construction can be delivered. A motion was foreshadowed by Cr O’Neil 1. Develops detailed design and development plans for the restoration and repair of Cuttagee bridge based on Option 1. 2. Notes that Option 1 reduces ongoing maintenance costs, improves safety, strengthens the resilience and reliability of the transport network, and is cost effective. 3. Notes that the significant engagement undertaken shows Bega Valley community strongly supports Option 1 4. Notes that further work during the design and development of the project will be necessary to ensure environmental impacts on the precinct are minimised, and, that coastal management plans will be needed to deal with erosion and inundation of the road and surrounds 5. Writes to the Minister for Roads and Dr Michael Holland informing the NSW Government that the Council has delivered on its Milestone 1 commitment and is ready to undertake the next stage of this vital project with a timeline to complete the renewal of the Bridge in mid- 2027 6. Commences advocating for and seeking additional funding sources to ensure the bridge construction can be delivered. The motion was put to the vote and it was CARRIED In favour: Crs Allen, Fitzpatrick, Nadin, Noble and Porter Against: Crs Daly, Haggar, Mudaliar and O'Neil |
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154/25 |
RESOLVED on the motion of Crs Allen and Fitzpatrick 1. Progress option 3 as outlined in the report and in alignment with the funding deed to detailed design and planning for the replacement of Cuttagee Bridge. 2. Commences advocating for and seeking additional funding sources to ensure the bridge construction can be delivered. In favour: Crs Allen, Fitzpatrick, Nadin, Noble and Porter Against: Crs Daly, Haggar, Mudaliar and O'Neil |
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9.2 |
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155/25 |
RESOLVED on the motion of Crs Allen and Haggar That Council adopt the recommendations of the Bega Valley LTF meeting held on 14 October 2025 as outlined below: 1. Christmas on Imlay, Eden – Thursday 18th December 2025 a. That, subject to conditions, Imlay Street, Eden be temporarily closed between the intersections of Bass Street and Chandos Street from 4.30 p.m. to 9.00 p.m. on Thursday 18 December 2025 for the Eden Chamber of Commerce ‘Christmas on Imlay’ event. b. That the proposed traffic arrangements involving the temporary closure of Imlay Street, Eden for the Eden Chamber of Commerce ‘Christmas on Imlay’ event on Thursday 18 December 2025, be deemed a Class 2 special event and it be conducted under an approved Traffic Control Plan, in accordance with Transport for NSW (TfNSW) Traffic Control Manual. c. That persons involved in the preparation and implementation of the Traffic Control Plan must hold the appropriate TfNSW accreditation. 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. a. 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. b. 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. c. That in order to prevent cars from speeding up, the traffic control vehicles that will be deployed to physically block access to restricted routes should be situated as close to the roundabout as feasible. e. That organisers fully implement an approved Special Event Transport Management Plan. f. That organisers have approved public liability insurance of at least $20 million indemnifying Council, Police and Transport for NSW by name for the event. g. That organisers have written Police approval prior to conducting the event. h. 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. i. That the event achieves all conditions of Council’s Use of Public Land approval. j. That after the event, organisers are to clean up any rubbish or waste left behind. k. Clear parking directions, including appropriate signage for designated parking areas, should be provided to guide drivers effectively. l. A Pedestrian Management Plan should be incorporated into the Traffic Guidance Scheme (TGS) to ensure the safe movement of pedestrians to and from the car park areas. In favour: Crs Allen, Daly, Fitzpatrick, Haggar, Mudaliar, Nadin, Noble, O'Neil and Porter Against: Nil |
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9.3 |
Request for Tender (RFT) 2425-138 Bridge Durability Improvement Package - Surface Application Works |
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156/25 |
RESOLVED on the motion of Crs Nadin and Noble 1. That Council notes the recommendations set out in this confidential memorandum. In favour: Crs Allen, Daly, Fitzpatrick, Haggar, Mudaliar, Nadin, Noble, O'Neil and Porter Against: Nil |
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157/25 |
RESOLVED on the motion of Crs Nadin and Haggar 1. That Council decline to accept any of the tender submissions received for RFT 2425-138 – Bridge Durability Improvement Package – Surface Application Works, and in accordance with Clause 178(3)(a) of the Local Government (General) Regulation 2021, postpone the proposal for the contract to allow officers to review the project scope, budget, and delivery approach. In favour: Crs Allen, Daly, Fitzpatrick, Haggar, Mudaliar, Nadin, Noble, O'Neil and Porter Against: Nil |
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9.4 |
Request for Tender (RFT) 2425-082 Upgrade of Merimbula Boardwalk and Foreshore Trail |
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158/25 |
RESOLVED on the motion of Crs Fitzpatrick and Nadin That item 9.4 Request for Tender (RFT) 2425-082 Upgrade of Merimbula Boardwalk and Foreshore Trail be moved into closed session to be dealt with in confidential business under the provisions of Section 10A(2) of the Local Government Act 1993, which permits the meeting to be closed to the public for business relating to (c) information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business. In favour: Crs Allen, Daly, Fitzpatrick, Haggar, Mudaliar, Nadin, Noble, O'Neil and Porter Against: Nil |
03:45 pm Cr Porter left the meeting.
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9.5 |
Request for Tender (RFT) 2425-077 Alcocks Road Culvert Disaster Recovery Funding Arrangements (DRFA) Restoration Works |
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159/25 |
RESOLVED on the motion of Crs Allen and Nadin 1. That council accept the recommendations outlined in the confidential memo. In favour: Crs Allen, Daly, Fitzpatrick, Haggar, Mudaliar, Nadin, Noble and O'Neil Against: Nil Absent: Cr Porter |
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160/25 |
RESOLVED on the motion of Crs Allen and Nadin 1. That Council accepts the alternative tender from John Michelin & Son Pty Ltd in relation to contract for the works described in Tender RFT 2425-077, in the amount of $172,025.70 (including GST), subject to variations and potential provisional sums. 2. That authority be delegated to the Chief Executive Officer to execute all necessary documentation and approve contract variations up to the available allocated budget. 3. That all tenderers be advised of Council’s decision. In favour: Crs Allen, Daly, Fitzpatrick, Haggar, Mudaliar, Nadin, Noble and O'Neil Against: Nil Absent: Cr Porter |
03:49 pm Cr Porter returned to the meeting.
10. Staff Reports – Organisational Services
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10.1 |
Request for Tender (RFT) 2526-018: Teams calling and cloud contact centre outcome |
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161/25 |
RESOLVED on the motion of Crs Nadin and Haggar 1. That Council notes the recommendations set out in this confidential memorandum. In favour: Crs Allen, Daly, Fitzpatrick, Haggar, Mudaliar, Nadin, Noble, O'Neil and Porter Against: Nil |
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162/25 |
RESOLVED on the motion of Crs Nadin and Haggar 1. That Council rejects all tenders under clause 178 of the Local Government (General) Regulation 2021 and delegates the Chief Executive Officer to enter negotiations and finalise an outcome with the preferred tenderer, with the intention to award a contract, subject to variations and provisional sums. 2. That authority is delegated to the Chief Executive Officer to: a. execute all necessary documentation and award a contract; b. approve contract variations up to the available allocated budget; c. authorise the extension of the contract for the further term/s in accordance with the contract. 3. That all tenderers are advised of Council’s decision. In favour: Crs Allen, Daly, Fitzpatrick, Haggar, Mudaliar, Nadin, Noble, O'Neil and Porter Against: Nil |
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163/25 Note: Original minutes published on 13/11/25 have been amended, as per resolution 175/25 Changes are reflected in RED |
RESOLVED on the motion of Crs Allen and Nadin 1. That
Council resolves to formally revoke the drainage reserve status over Council
owned operational land being Lot 2. That Council authorises the Chief Executive Officer to undertake all necessary actions to give effect to the revocation. In favour: Crs Allen, Daly, Fitzpatrick, Haggar, Mudaliar, Nadin, Noble, O'Neil and Porter Against: Nil |
03:57 pm Cr Nadin left the meeting.
04:00 pm Cr Nadin returned to the meeting.
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10.3 |
Presentation of Financial Statements and Audit Report for the Year Ended 30 June 2025 |
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164/25 |
RESOLVED on the motion of Crs O'Neil and Nadin That Council receive and note the report on Financial Year 2025 Audited Financial Statements and Report on the Conduct of the Audit. In favour: Crs Allen, Daly, Fitzpatrick, Haggar, Mudaliar, Nadin, Noble, O'Neil and Porter Against: Nil |
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10.4 |
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165/25 |
RESOLVED on the motion of Crs Nadin and Noble That Council authorises the Chief Executive Officer and Mayor to execute the necessary lease documentation to provide tenure of five (5) years with an option for a further five (5) years to Dynasty Nails & Beauty for occupation of Shop 2, Twyford Complex at Market Street, Merimbula. In favour: Crs Allen, Daly, Fitzpatrick, Haggar, Mudaliar, Nadin, Noble, O'Neil and Porter Against: Nil |
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10.5 |
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166/25 |
RESOLVED on the motion of Crs Nadin and Haggar That Council receive and note the information report on ongoing and closed legal matters as of 21 October 2025. In favour: Crs Allen, Daly, Fitzpatrick, Haggar, Mudaliar, Nadin, Noble, O'Neil and Porter Against: Nil |
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10.6 |
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167/25 |
RESOLVED on the motion of Crs Nadin and Daly 1. That Council, as Crown Land Manager of Reserve (R89211), approve the submission of an application to the Minister for Lands and Property for Pambula Surf Life Saving Club to sublease the kiosk area within the building to Toast Café, following the completion of an appropriate expression of interest process. 2. That Pambula Surf Life Saving Club remit ten percent (10%) of annual sublease income to Council to contribute towards costs associated with ownership of the asset. 3. That all costs associated with the proposed sublease and any required amendment to the head lease be borne by Pambula Surf Life Saving Club. In favour: Crs Allen, Daly, Fitzpatrick, Haggar, Nadin, Noble, O'Neil and Porter Against: Cr Mudaliar |
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10.7 |
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168/25 |
RESOLVED on the motion of Crs Nadin and Fitzpatrick 1. That Council approves the submission of the proposed road name - Terry Lane - associated with Development Application 2021.1340 at South Pambula, to the Geographical Names Board for consideration and approval. 2. That Council advertises the proposed road name Terry Lane at South Pambula on its website, inviting submissions to the proposal. 3. That if no objections are received within the submission period, Council officers proceed with the road naming proposal without subsequent referral to Council. In favour: Crs Allen, Daly, Fitzpatrick, Haggar, Mudaliar, Nadin, Noble, O'Neil and Porter Against: Nil |
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10.8 |
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A motion was moved by Crs Allen and Noble 1. That Council acknowledges the Audit, Risk and Improvement Committee (ARIC) for its work during the reporting period and continues to support ARIC in its legislated mandate to promote good corporate governance at Bega Valley Shire Council. 2. That Council receive and note the Audit, Risk and Improvement Committee (ARIC) September (held in October) 2025 quarterly report. 3. That Council request the NSW Government to provide funding to Council's to remunerate ARIC members in line with the below figures and that until such time the Government provides funding, Council does not remunerate ARIC members: i. Chair - $1,500 per meeting, plus superannuation and out of pocket expenses. ii. Member - $1,000 per meeting, plus superannuation and out of pocket expenses. 4. That Council approves a full committee renewal after the December 2025 meeting, as detailed in the officer’s report. 5. That following a competitive EOI process for the three independent committee members on ARIC a report be presented to Council to confirm appointments. A motion was foreshadowed by Cr O’Neil 1. That Council acknowledges the Audit, Risk and Improvement Committee (ARIC) for its work during the reporting period and continues to support ARIC in its legislated mandate to promote good corporate governance at Bega Valley Shire Council. 2. That Council receive and note the Audit, Risk and Improvement Committee (ARIC) September (held in October) 2025 quarterly report. 3. That Council approve remuneration for ARIC members from 1 March 2026 as: i. Chair - $1,500 per meeting, plus superannuation and out of pocket expenses. ii. Member - $1,000 per meeting, plus superannuation and out of pocket expenses. 4. That Council approves a full committee renewal after the December 2025 meeting, as detailed in the officer’s report. 5. That following a competitive EOI process for the three independent committee members on ARIC a report be presented to Council to confirm appointments. The motion was put to the vote and it was LOST In favour: Crs Allen, Fitzpatrick and Noble Against: Crs Daly, Haggar, Mudaliar, Nadin, O'Neil and Porter
The foreshadowed motion became the motion with an amendment and was moved by Cr O’Neil and seconded by Cr Daly: 1. That Council acknowledges the Audit, Risk and Improvement Committee (ARIC) for its work during the reporting period and continues to support ARIC in its legislated mandate to promote good corporate governance at Bega Valley Shire Council. 2. That Council receive and note the Audit, Risk and Improvement Committee (ARIC) September (held in October) 2025 quarterly report. 3. That Council approve remuneration for ARIC members from 1 March 2026 as: i. Chair - $1,500 per meeting, plus superannuation and out of pocket expenses. ii. Member - $1,000 per meeting, plus superannuation and out of pocket expenses. 4. That Council approves a full committee renewal after the December 2025 meeting, as detailed in the officer’s report. 5. That following a competitive EOI process for the three independent committee members on ARIC a report be presented to Council to confirm appointments. 6. That Council undertake a workshop to review the remit and effectiveness of ARIC. The motion was put to the vote and it was CARRIED In favour: Crs Daly, Fitzpatrick, Haggar, Mudaliar, Nadin, O'Neil and Porter Against: Crs Allen and Noble |
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169/25 |
RESOLVED on the motion of Crs O'Neil and Daly 1. That Council acknowledges the Audit, Risk and Improvement Committee (ARIC) for its work during the reporting period and continues to support ARIC in its legislated mandate to promote good corporate governance at Bega Valley Shire Council. 2. That Council receive and note the Audit, Risk and Improvement Committee (ARIC) September (held in October) 2025 quarterly report. 3. That Council approve remuneration for ARIC members from 1 March 2026 as: i. Chair - $1,500 per meeting, plus superannuation and out of pocket expenses. ii. Member - $1,000 per meeting, plus superannuation and out of pocket expenses. 4. That Council approves a full committee renewal after the December 2025 meeting, as detailed in the officer’s report. 5. That following a competitive EOI process for the three independent committee members on ARIC a report be presented to Council to confirm appointments. 6. That Council undertake a workshop to review the remit and effectiveness of ARIC. In favour: Crs Daly, Fitzpatrick, Haggar, Mudaliar, Nadin, O'Neil and Porter Against: Crs Allen and Noble |
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10.9 |
Quarterly Budget Review Statement (QBRS) September (Q1 Review) |
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170/25 |
RESOLVED on the motion of Crs Allen and Nadin 1. That Council receive and note the September 2025 Quarterly Budget Review Statement (QBRS). 2. That the budget recommendations detailed in the attachment to this report be adopted. In favour: Crs Allen, Daly, Fitzpatrick, Haggar, Mudaliar, Nadin, Noble, O'Neil and Porter Against: Nil |
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10.10 |
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171/25 |
RESOLVED on the motion of Crs Nadin and Haggar 1. That Council receive and note the report on Council’s investment position at 31 October 2025. 2. That Council notes the certification of the Responsible Accounting Officer. In favour: Crs Allen, Daly, Fitzpatrick, Haggar, Mudaliar, Nadin, Noble, O'Neil and Porter Against: Nil |
11. Staff Reports - Executive Services
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11.1 |
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172/25 |
RESOLVED on the motion of Crs Mudaliar and Noble That Council: 1. Receive and note the 2024-25 Annual Report, noting that it covers the previous financial year and previously elected Council. 2. Provide a copy of the 2024-25 Annual Report to the NSW Office of Local Government and NSW Ombudsman by 30 November 2025. 3. Publish the 2024-25 Annual Report on Council’s website by 30 November 2025. In favour: Crs Allen, Daly, Fitzpatrick, Haggar, Mudaliar, Nadin, Noble, O'Neil and Porter Against: Nil |
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11.2 |
Delivery Plan 2025-2029 - July to September 2025 Quarterly Progress Report |
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173/25 |
RESOLVED on the motion of Crs Daly and Haggar That Council: 1. Receive and note the Delivery Plan 2025-2029 Quarterly Progress Report for the period 1 July 2025 – 30 September 2025. 2. Publish the attached progress report on Council’s website. 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
There were no notices of motion.
15. Questions with Notice
There were no questions with notice.
16. Questions without Notice
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16.1 |
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A response to Cr O’Neil’s Question with Notice was provided in the Ordinary Council Meeting Agenda of 12 November 2025 with the response as follows: Background Bega Valley Shire Council has been considering the impact of projected sea level rise on the range of coastal hazards that our coastline is exposed to since our original Climate Change Adaptation - Implications for Local Government Adaptation for Local Government report in 2007. Having the longest coastline of any Local Government Area in NSW, and with over 400km of estuarine foreshore, our shire and communities have varying levels of exposure to coastal hazards such as tidal inundation, coastal erosion and long-term recession, coastal inundation and wave overtopping. Five of the shire’s six major settlements occur in the coastal zone and 50% of the shire’s population lives within 1.5km of the coast. Forty-five percent (45%) of the shire’s population lives adjacent to only 10% of our coastline, focusing pressures and potential climate enhanced coastal hazard impacts on a limited number of locations and associated infrastructure. This concentrated geographic distribution of our settlements allows Council to focus ongoing investigations, risk assessments and response strategies on specific areas rather than the broader coastline. Council’s investment in 2008 to LiDAR surveying (airborne laser survey) of the shire’s coastal zone provided invaluable contour data that has helped inform strategic planning and development assessments, and enabled discrete placement of assets and infrastructure. This project was ahead of its time and this data is now produced by the NSW Government on a routine basis and is accessible to Council for land use and infrastructure planning. In 2009, Bega Valley Shire was one of the first Council’s to adopt the former NSW Government’s ‘Sea Level Rise Benchmarks’. These benchmarks have underpinned all of Council’s contemporary land use and infrastructure planning. The Bega Valley Comprehensive Local Environmental Plan (BVLEP 2013) had a strong focus on incorporating the consideration of coastal hazards and the impact of sea level rise. This resulted in implementation of specific buffers (through appropriate zoning) along undeveloped areas of the shire and coastal hazard overlays for already developed foreshore areas such as Merimbula Lake, Lake Curalo and Bermagui. In 2015, Council adopted a Coastal Processes and Hazards Definition Study that identified current and projected coastal hazards along the majority of the shire’s coastline and within key estuaries. The study identified only a small number of private properties along the open coast that fell within mapped hazard zones for coastal erosion and shoreline recession. The majority of the land currently mapped within these hazard lines is high value public open space, beaches, recreation facilities and caravan parks. This study, in combination with more contemporary Flood Studies, have confirmed staff’s existing understanding of key infrastructure at risk from coastal hazards, including coastal recreational infrastructure, water and sewer networks, roads and other key community infrastructure such as cemeteries, surf lifesaving clubs and boating facilities. The impacts of tidal inundation over different sea level rise scenarios were examined in the NSW Governments ‘NSW Estuary Tidal Inundation Exposure Assessment (2018)’. The results of this study confirmed Council’s focus on the key developed estuaries including Merimbula Lake, Lake Curalo, Bermagui River and Wallaga Lake. Council has also previously prepared Coastal Hazard assessments for Horseshoe Bay, Tathra Beach and Pambula Beach to support the redevelopment of surf clubs and caravan parks. A large volume of valuable information has also been derived from the numerous studies focused on Eden’s Snug Cove and Cattle Bay marine infrastructure. The Merimbula and Back Lakes Flood Study, Eden, Towamba River and Twofold Bay Flood Study and Pambula River, Pambula Lake and Yowaka River Flood Study all consider the impact of sea level rise on tidal planes and flood behaviour. Contemporary Coastal Management Program As highlighted in the response to Cr Haggar's Question with Notice of 20 August 2025 “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”. Consideration of climate exacerbated coastal hazards is a key part of the development, upgrading or replacement of major infrastructure in our coastal communities. Asset life is a key consideration regarding timing of any potential asset upgrading, relocation, protection or abandonment. Due to the historic nature of many of our settlements and associated infrastructure, relocating and retrofitting to protect against coastal hazards such as tidal inundation and open coast erosion will be difficult, expensive and will have technical difficulties due to the nature of gravity sewer systems, for example. Council is currently developing four Coastal Management Programs (CMPs). Lake Curalo CMP is now certified and in effect. Bermagui River and Wallaga Lake CMPs have both been submitted for certification and Merimbula Lake CMP is under final review at the time of writing this response. All these programs examine coastal hazard issues and provide a number of management responses to these issues. By way of example, the Lake Curalo CMP contains the following actions to address coastal hazard risks, with similar site-specific actions identified in all CMPs:
· R6.1 Adaptation planning for low lying assets around the lake foreshore · R6.4 Complete coastal hazard risk planning for holiday/caravan parks · R6.5 Adaptation planning for coastal erosion along Aslings Beach · R6.7 Dune rehabilitation program on Aslings Beach The down scaling of the existing regional coastal hazard data to more discrete data for key locations such as Tathra Beach, Cuttagee Beach, Merimbula Main Beach and Aslings Beach Eden are key strategic projects that Council staff will be seeking external funding to progress. These projects are important for the more accurate understanding of coastal hazards and the impact that small coastal creeks, stormwater outlets and lake entrances have on beach erosion and long-term coastal recession. By way of engagement, staff have regular discussions with coastal management professionals from other local government areas, state government agencies, specialist consultants and academic researchers through various forums and committees. The South East Councils quarterly round table meetings provide a forum for coastal management practitioners in the regional Coast and Estuaries Team from the Department of Climate Change, Energy, the Environment and Water (DCCEEW) to regularly connect with Council staff working on Coastal Management Programs (CMPs). The purpose of these meetings is to share information, achievements and challenges on coastal management and in developing CMPs on the South Coast. Council’s Coast and Flood Management Committee also provides valuable opportunities for local projects to be shared and issues identified by agencies, community representatives and Councillors. Staff continue to stay abreast of contemporary research, science and legislative requirements with regard to coastal hazard assessment and management. The National Climate Risk Assessment recently released by the Australian Government reinforces Council’s long-term focus on coastal hazard management and the consideration of this issue within strategic land use, infrastructure and environmental planning. Council’s conservative approach to development within coastal hazard areas to minimise risk and costs to private property owners and the risk/asset life approach to asset management has been demonstrated to be in accordance with best practice with regard to the consideration of the projected impacts of climate change on coastal hazards. |
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16.2 |
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A response to Cr Fitzpatrick’s Question with Notice was provided in the Ordinary Council Meeting Agenda of 12 November 2025 with the response as follows: On 21 May 2025 Council considered a Notice of Motion from Mayor Fitzpatrick on options for private native forestry in RU2 Rural Landscape zones. The Council resolution following discussion of the item included: 4. That Council allocate $20,000 in the 25-26 budget to complete the scoping phase for a planning proposal to amend the RU2 land use table in the Bega Valley Local Environmental Plan 2013 to include ‘forestry’ as a land use permitted without consent. 5. Upon completion of the scoping study, that staff provide a report to Council for further consideration. On 23 June 2025 Council resolved to adopt the Delivery Program 2025-2029 which included a Focus Action for the 2025-26 period to ‘Scope a planning proposal to amend the LEP to include forestry’. On 7 July 2025, a memo was provided to Councillors outlining the tasks required to progress this work including a draft project timeline. A consultants brief was developed by Council officers in August 2025. The deliverables outlined in the consultants brief are as follows: 1. A scoping report prepared in accordance with Appendix 1 of the NSW Department of Planning and Environment’s Local Environmental Plan Making Guideline August 2023 which includes a proposed methodology that responds to the advice from Conservation Programs, Heritage and Regulation (DCCEEW) included in Attachment 3. 2. Documentation of meetings with identified NSW Government Agencies following their feedback to the scoping report. 3. Advice regarding additional information required for inclusion in a planning proposal for the matter. The Request for Professional Consulting Services for the Scoping Proposal was hosted on Vendor Panel from 3-21 September 2025. Four (4) responses were received, all of which complied with the terms of the procurement. At the time of writing this report, Council officers were finalising the detailed review of the responses received and working to appoint a preferred supplier, to commence preparation of the Scoping Report. Upon receipt of the final Scoping Report, Council officers will prepare a report to Council in accordance with point 5 of the resolution outlined above. The project is currently on track to be completed in the 2025-26 financial year. Project updates will be provided in Council’s quarterly Delivery Plan updates. |
17. Confidential Business
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Adjournment Into Closed Session |
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174/25 |
RESOLVED on the motion of Crs Nadin and Allen 1. That Council resolve to adjourn into Closed Session to discuss the following confidential items: 9.4 Request for Tender (RFT) 2425-082 Upgrade of Merimbula Boardwalk and Foreshore Trail Reason for Confidentiality This item is classified CONFIDENTIAL under the provisions of Section 10A(2) of the Local Government Act, which permits the meeting to be closed to the public for business relating to (c) information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business. 2. That pursuant to Section 10A of the Local Government 1993, the press and public be excluded from the proceedings on the basis that the business to be considered is classified confidential under the provisions of Section 10A(2) of the Act as outlined above. 3. That the correspondence and reports relevant to the subject business be withheld from access to the press and public as required by the Local Government Act 1993, Section 11(2). In favour: Crs Allen, Daly, Fitzpatrick, Haggar, Mudaliar, Nadin, Noble, O'Neil and Porter Against: Nil |
4:41 pm The Ordinary Meeting was adjourned.
The recording of the meeting ceased for the period of the Closed Session of Council.
4:43 pm The Confidential Closed Session meeting commenced.
5:03 pm The Confidential Closed Session meeting concluded.
5:03 pm The Ordinary meeting was reconvened.
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
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9.4 |
Request for Tender (RFT) 2425-082 Upgrade of Merimbula Boardwalk and Foreshore Trail |
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175/25 |
RESOLVED on the motion of Crs Fitzpatrick and Daly 1. That Council decline to accept any tenders submitted for RFT 2425-082- Upgrade of Merimbula Boardwalk and Foreshore Trail under clause 178 of the Local Government (General) Regulation 2021. 2. That Council enter into negotiations with the two highest ranked tenderers to address the contract requirements as set out in the confidential memorandum 3. That Council make the contract award contingent upon receipt of formal variation approval to both the Regional Tourism Activation Fund (RTAF) and Investing in Our Communities (IiOC) grand deeds to extend the program to cover the predicted construction period. 4. That Authority is delegated to the Chief Executive Officer to execute all necessary documentation and approve contract variations up to the available allocated budget. 5. That all tenderers are advised of Council’s decision. In favour: Crs Allen, Daly, Fitzpatrick, Haggar, Mudaliar, Noble, O'Neil and Porter Against: Cr Nadin |
19. Declassification of reports considered previously in closed session
There were no declassification of reports considered previously in closed session.
Closure
There being no further business, the Chairperson closed the meeting at 5:04 pm.
Confirmed
Russell
Fitzpatrick
(digitally
signed)
Chairperson of the meeting of the Bega Valley Shire Council held on Wednesday, 12 November 2025.