DRAFT Ordinary Meeting Minutes

Held on Wednesday 10 December 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 - Apology

Cr Peggy Noble

Cr Helen O’Neil - Virtual attendance

Cr David Porter

 In Attendance

Chief Executive Officer, Mr Anthony McMahon

Director, Infrastructure, Mr Andrew Latta

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

 

That the apology of Cr Clair Mudaliar be noted.

 

1a

Cr Helen O'Neil virtual attendance

174/25

RESOLVED on the motion of Crs Haggar and Daly

That Cr Helen O’Neil be supported to attend today’s ordinary council meeting virtually.

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

Against:                  Nil

Absent:                    Cr Mudaliar

 

 

2.

Confirmation of Minutes

175/25

RESOLVED on the motion of Crs Nadin and Daly

That the Minutes of the Ordinary Meeting held on 12 November 2025 as circulated, be taken as read and confirmed with the following amendment, indicated in red strikethrough:

 

10.2

Disposal of land at O’Connells Point Road, Wallaga Lake

176/25

 

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 1 DP 1298485.

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

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

Against:                  Nil

Absent:                    Cr Mudaliar

 

 

3.          Declarations

There were no declarations of interest

4.          Public Forum

The following deputations were heard:

Item 8.1 - Section 8.2 Review of Determination - Mixed Use Development including the Construction of a Commercial Premises and Change of Use from Shed to Dwelling - 18 Mitchell Street, Eden

·         Mrs Denise Gilman - AGAINST

Item 10.2 - Proposed temporary licence at Dickinsons Recreation Reserve in Bermagui

·         Mr Luke Axisa – FOR

Item 14.1 - Merimbula Tennis Club request for rate exemption

·         Mr John Rheinberger on behalf of Merimbula Tennis Club Inc – FOR

5.                 Petitions

There were no petitions

6.          Mayoral Minutes

There were no mayoral minutes.

 

The Mayor acknowledged that the festive season is approaching and paid respect to those that are doing it tough and thank you to all that serve others and to the volunteers that give up their time.

 

Thank you to the CEO, Staff and Councillors for this year, we have achieved a lot and I’m looking forward to 2026.

 

7.          Urgent Business

There was no urgent business.

8.          Staff Reports – Community, Environment and Planning

 

8.1

Section 8.2 Review of Determination - Mixed Use Development including the Construction of a Commercial Premises and Change of Use from Shed to Dwelling - 18 Mitchell Street, Eden

177/25

RESOLVED on the motion of Crs Nadin and Allen

That Council:

1.     Support a variation to the development standard specified by Clause 6.20(2)(a) of Bega Valley Local Environmental Plan 2013 to permit only partial compliance with the Silver Performance Level of the Liveable Housing Guidelines. Partial compliance means only the provisions of Part 2 relating to Dwelling Entrance need to be provided in this specific case.

2.     Approve changes to the Notice of Determination for Development Application 2024.247 for the Mixed Use Development including the Construction of a Commercial Premises and Change of Use from Shed to Dwelling on Lot: 18 DP: 1282865 – 18 Mitchell Street, Eden as specified in the Notice of Review Determination provided as Attachment 1 to this report, with the exception of Condition 10, which shall be amended to read as follows:

        “Prior to the issue of a Construction Certificate for the commercial building, the existing dwelling shall be upgraded to meet the provisions of Part 2 Dwelling Entrance of the Silver Performance Level standards of the Liveable Housing Guidelines, Fourth Edition, published by Liveable Housing Australia, 2017."

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

Against:                  Nil

Absent:                    Cr Mudaliar

 

 

8.2

Request to Waive Section 7.11 developer contributions for certain approved Secondary Dwelling development applications

178/25

RESOLVED on the motion of Crs Nadin and Noble

That Council:

1.    Resolves to refund s7.11 fees paid for secondary dwellings approved since the updated Local Infrastructure Contributions Plan came into effect on 4 September 2024 up until the 2 year waiver resolved at the 15 October 2025 Council meeting comes into effect.

2.    Resolves to waive s7.11 fees levied (but not yet paid) for secondary dwellings approved since the updated Local Infrastructure Contributions Plan came into effect on 4 September 2024 up until the 2 year waiver resolved at the 15 October 2025 Council meeting comes into effect.

3.    Notes the public exhibition period for the 2 year wavier resolved at the October 2025 Council meeting will end on 11 December 2025, and if no objections are received, the 2 year waiver will take effect from 11 December 2025.

4.    Notes the changes to s64 water and sewer contributions will not come into effect until the completion of the public exhibition period following the Council resolution from 15 October 2025.

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

Against:                  Cr Allen

Absent:                    Cr Mudaliar

 

 

8.3

Review of Procedure Dangerous and Menacing Dog Declaration Appeals and Revocation

179/25

RESOLVED on the motion of Crs Porter and Nadin

That Council:

1.    Endorse the ‘DRAFT Procedure 4.04.08 Evaluation of Owner Representations Against a Notice to Declare a Dog Dangerous or Menacing’ at Attachment 1 for public exhibition.

2.    Endorse ‘DRAFT Procedure 4.04.09 Evaluation of Applications to Revoke Dangerous or Menacing Dog Declarations’ at Attachment 2 for public exhibition.

3.    Resolve to place the draft procedures on public exhibition in February 2026 for a minimum of 28 days with submissions open for 42 days.

4.    Note a further report will be presented to Council following public exhibition.

5.    Revoke the currently adopted ‘Procedure 4.04.07 Dangerous and Menacing Dog Declaration Appeals and Revocation’ once the two new procedures are adopted.

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

Against:                  Nil

Absent:                    Cr Mudaliar

 

 

8.4

Review of Procedure 4.04.06 Companion Animal Control Areas

180/25

RESOLVED on the motion of Crs Porter and Nadin

That Council:

1.    Amend point 9 in Procedure 4.3.6 leash free areas  to read: Between the northern end of the         Holiday Park in the south and Lions Park in the North.

2.    Use the existing adopted and approved MAPS In the current Procedure 4.04.06 Companion         Animals Control Areas for LFA5 - Tathra Beach, Tathra and LFA15 - Punt Landing, Mogareeka.

3.    Resolve to place the draft updated procedure 4.04.06 Companion Animal Control Areas at         Attachment 1 on public exhibition for a minimum of 28 days with submissions open for 42         days.

4.    Note that a further report will be presented to Council if any changes are proposed through         public exhibition, or if no changes are proposed, the exhibited procedure will be considered         adopted and published on the Council website.

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

Against:                  Nil

Absent:                    Cr Mudaliar

 

 

8.5

Brighter Futures - request to extend service

181/25

RESOLVED on the motion of Crs Nadin and Allen

1.    That Council resolves to extend the service end date of the Brighter Futures family preservation service to 30 June 2026 to align with the Department of Communities and Justice’s new recommissioning deadline.

2.    That Council notes this extension is required due to multiple delays with the state government’s recommissioning process and that there is a real risk of a 3+ month service gap in the Bega Valley if Council does not extend its service provision to align with the revised recommissioning date.

3.    That Council notes it has extended its service provision deadline previously in response to DCJ requests, and while Council clearly expressed to the state government its decision not to extend any further, the department has not made alternative arrangements. 

4.    That Council notes the importance of the Brighter Futures family preservation service for the community and the quality of the service provided by Council staff.  

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

Against:                  Nil

Absent:                    Cr Mudaliar

 

 

8.6

Change to Council delegate on the Board of Management of South East Arts and Montreal Goldfields committee

182/25

RESOLVED on the motion of Crs Allen and Nadin

1.    That Council endorse Cr Clair Mudaliar to replace Cr Helen O’Neil as the Councillor representative on the South East Arts Board for the remainder of the current Council term.

2.    That Council endorse Cr Helen O’Neil to replace Cr Clair Mudaliar as the Councillor         representative on the Montreal Goldfields committee for the remainder of the current         Council term.

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

Against:                  Nil

Absent:                    Cr Mudaliar

 

 

9.          Staff Reports – Infrastructure

 

9.1

Bega Valley Local Transport Forum 4 November 2025

183/25

RESOLVED on the motion of Crs Nadin and Haggar

That Council adopt the recommendations of the Bega Valley LTF meeting held on 4 November 2025 as outlined below:

1. Far South Coast National Show 2026, Bega – Friday 27 February – Sunday 1 March 2026

a.    That, subject to conditions, the section of roadway adjoining the Bega Showground between East Street and Tathra Road, Bega be temporarily closed each day from 8am to 10pm on 27, 28 February and 1 March 2026 for the Far South Coast National Show.

b.    That, subject to conditions, Park Lane and East Street, Bega, between the intersections of Parker Street and Belmore Street be temporarily changed to one-way traffic flow eastbound / southbound from 8am to 10pm on 27, 28 February and 1 March 2026 for the Far South Coast National Show.

c.     That, the Traffic Guidance Scheme (TGS) shows exact location for proposed carparking within Elliot Swamp and on-street parking in the case that flooding occurs.

d.    That, the TGS includes the pedestrian movement routes to and from the Elliot Swamp carparking area.

e.    That, the proposed traffic arrangements for the Far South Coast National Show be deemed a Class 2 special event and it be conducted under an approved Traffic Guidance Scheme, in accordance with Transport for NSW (TfNSW) Traffic Control at Worksites Technical Manual.

f.     That, persons involved in the preparation and implementation of the Traffic Guidance Scheme must hold the appropriate SafeWork NSW accreditation.

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

h.    That, organisers have approved public liability insurance of at least $20 million indemnifying Council, Police and TfNSW by name for the event.

i.      That, prior to the event organisers have written approval from the NSW Police Force.

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

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

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

m.   Incorporate a Pedestrian Management plan in the TGS to manage pedestrian safely to and from the carpark areas. Also to include queued traffic management.

2. EAT Merimbula – Fishpen - Sunday 8 March 2026

a.    That, subject to conditions, Fishpen Road, Merimbula between the intersections of Marine Parade and Calendo Court be temporarily closed between 7am and 4pm on Sunday, 8 March 2026 for the Eat Merimbula Food Festival.

b.    That, the proposed traffic arrangements involving the temporary closure of Fishpen Road, Merimbula for the Eat Merimbula Festival on Sunday, 8 March 2026, be deemed a Class 2 special event and it be conducted under an approved and current TGS, in accordance with the SafeWork NSW Guidelines and TfNSW Traffic Control Guidelines.

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

d.    That the event organisers notify affected property owners of changes to road conditions at least one month prior to the event taking place.

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

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

g.    That organisers have approved and current public liability insurance of at least $20 million indemnifying Council, Police and TfNSW by name for the event.

h.    That prior to the event organisers have written approval from the NSW Police Force.

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, emergency 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. Hosies Road, Eden

a.    No Stopping Zone:
Establish an appropriate no stopping length adjacent to the driveway of 9 Hosies Road to improve access and visibility, including another no stopping sign closer to intersection to close off no stopping area.

b.    Parking Management on Aslings Beach Road:
Instal No Stopping signs at both ends of the parking zone to prevent obstruction and improve traffic movement.

4. Juno Drive Boydtown – Two round abouts with no regulatory signage

a.      Install advance warning signs (W2-7) to alert drivers of the upcoming roundabout.

b.     Install roundabout control signs (R1-3) at each entry point.

c.      Apply give way line marking at all roundabout approaches to reinforce priority rules.

d.     Install uni-directional hazard markers (D4-1-2) to guide traffic safely through the roundabout.

e.    All signage and line marking treatments are to be applied on each leg of the roundabout to ensure consistent visibility and safety.

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

Against:                  Nil

Absent:                    Cr Mudaliar

 

 

9.2

Draft Recreation Strategy - Outcome of public exhibition

184/25

RESOLVED on the motion of Crs Nadin and Porter

That the exhibited ‘RecCreate – A Strategy for Recreation in the Bega Valley Shire’ is adopted by Council, with the recommended minor amendments noted in this report.

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

Against:                  Nil

Absent:                    Cr Mudaliar

 

 

10.        Staff Reports – Organisational Services

 

10.1

Code of Conduct Statistical Reporting 2024/2025

185/25

RESOLVED on the motion of Crs Nadin and Porter

1.    That Council receive and note the report to the Office of Local Government regarding Code of Conduct statistics for the period 1 September 2024 through until 30 August 2025.

2.    That Council submit the return on code of conduct statistics to the Office of Local Government.

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

Against:                  Nil

Absent:                    Cr Mudaliar

 

 

10.2

Proposed temporary licence at Dickinsons Recreation Reserve in Bermagui

186/25

RESOLVED on the motion of Crs Allen and Nadin

1.    That Council as Crown Land Manager of Part Lot 7034 DP 1118743 (Dickinsons Recreation Reserve, Bermagui) approves a one (1) year licence to Luke Axisa trading as Good Sauna Australia for the purpose of operating a mobile sauna in accordance with the adopted fees and charges.

2.    That the Chief Executive Officer be authorised to execute the necessary documentation to formalise the above course of action.

3.    That the Chief Executive Officer negotiate a final location for the mobile sauna that does not impede the amenity of the Dickinson Reserve when viewing from Lamont Street which may either include another location within the vicinity of the Bermagui Surf Club or nearer to Bruce Steer pool noting the Bruce Steer option would require further exhibition. 

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

Against:                  Nil

Absent:                    Cr Mudaliar

 

 

10.3

Proposed transfer of tenure: Eden Scouts Hall to Eden Men’s Shed

187/25

RESOLVED on the motion of Crs O'Neil and Noble

1.    That Council approve a 20-year land-only lease to Eden Men’s Shed for occupation of the designated section of Lot 862 DP 1108951, Princes Highway, Eden, at a market rental of $1,400 plus GST per annum, less any rebate applied in accordance with Council’s Rental Assessment and Rebate Procedure. It is noted that Eden Men’s Shed will assume ownership and full liability for the existing Scout Hall building.

2.    That Eden Men’s Shed be responsible for all costs associated with the preparation and registration of the lease.

3.    That Council authorise the Chief Executive Officer and Mayor to execute all necessary documentation to formalise the tenure.

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

Against:                  Nil

Absent:                    Cr Mudaliar

 

 

10.4

Notice of liquidation of Playability Eden and proposed new licence to Tulgeen

188/25

RESOLVED on the motion of Crs Daly and Nadin

1.    That Council, as Crown Land Manager of Reserve R180019 at Eden, approve a two-year licence agreement with Tulgeen Disability Services for occupation of Lot 702 DP 1020046, at an annual rental of $669.90, to be adjusted annually in accordance with Crown Lands’ minimum rental requirements.

2.    That all costs associated with establishing the licence agreement be borne by Tulgeen Disability Services.

3.    That the Chief Executive Officer and Mayor be authorised to execute all necessary documentation to formalise this course of action.

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

Against:                  Nil

Absent:                    Cr Mudaliar

 

 

10.5

Licence Agreements - Old Merimbula School Site

189/25

RESOLVED on the motion of Crs Nadin and Haggar

1.    That Council, as Crown Land Manager of Reserve 84856, approve a five-year licence for the Merimbula Imlay Historical Society to continue occupying their existing premises at the Old Merimbula School site, with an annual rental set at the Crown statutory minimum rate.

2.    That Council, as Crown Land Manager of Reserve 84856, approve a five-year licence for the Merimbula Scouts and Guides Association to continue occupying their existing premises at the Old Merimbula School site, with an annual rental set at the Crown statutory minimum rate.

3.    That the Chief Executive Officer and Mayor be authorised to execute all necessary documentation to formalise these arrangements.

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

Against:                  Nil

Absent:                    Cr Mudaliar

 

 

10.6

Certificate of Investment November 2025

190/25

RESOLVED on the motion of Crs Nadin and Haggar

1.    That Council receive and note the report on Council’s investment position at 30 November 2025.

2.    That Council notes the certification of the Responsible Accounting Officer.

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

Against:                  Nil

Absent:                    Cr Mudaliar

 

 

11.        Staff Reports - Executive Services

 

11.1

Customer Experience Framework and Improvement Plan including Values Refresh

191/25

RESOLVED on the motion of Crs O'Neil and Nadin

1.      That Council adopt the recently exhibited policies, procedures and customer service charter that are the foundational elements of the customer experience framework including:

        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)

2.    That Council:

a. Endorse the new vision “We act for both today and tomorrow, ensuring our work strengthens our community and safeguards our place for future generations” and,

                b.  endorse the new and values of “Teamwork, Accountability, People”

                c. Receive and note the information as outlined in this report that detail the                                      recommended vision and values to in support of improving customer experience.

3.    That Council note the update on customer experience improvement initiatives and that         future updates will be provided on a quarterly basis.

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

Against:                  Nil

Absent:                    Cr Mudaliar

 

 

12.        Councillor Reports

 

12.1

Cr O’Neil – Four Festivals: Giiyong, Headland Writers, Spring Music Youth and Bega Streetlight Festival

 

Cr O’Neil’s Councillor report was provided in the Ordinary Council Meeting Agenda of 10 December 2025 as follows:

We have celebrated four festivals, which showcased Bega Valley shire’s creative strengths, professional musicianship, community engagement and immense potential for cultural tourism.

Three of them – Giiyong Festival at Jigamy, The Headland Writers Festival at Tathra, and the Bega StreetLight Festival - involved South East Arts, Council’s long term partner organisation for delivery of our arts and cultural strategy. The South East Centre for Contemporary Art was a venue for Streetlight too.  The fourth is a longstanding collaboration between music teachers across our schools and the world class music venue Four Winds.

Headland Writers Festival is a partnership between Candelo Books, Tathra Hotel and South East Arts that showcases local writers and poets, brings some of Australia’s best writers to meet local audiences, and sparks discussion about good stories, our history and our future. It fills up the town with locals and tourists. Now well established, it is a regular favourite for many authors and publishers.

The 2025 Bega Streetlight Festival was a premiere event but will be back for another two years.  Transforming Carp Street with illuminations, music, buskers and local food and beverages it was a showcase for the whole community and local business. Hundreds of performers were involved, with a special shout out to the talented Bega High students, alongside professional and amateur photographers who entered the shopwindow competition, and there were workshops at Spiral Gallery and SECCA.  This partnership brought the Bega Chamber of Commerce and South East Arts together with the Council, backed with funding from Transport for NSW.

Giiyong Festival was the first of its kind in NSW when it began in 2018.  Now it is both a cultural celebration for our First Nations locals, and an amazing musical experience with some of the best bands and DJs in the country.  It has such deep roots in local dance, food and storytelling and Jigamy Farm shows again what a wonderful place the Bega Valley is for gathering people together.  This year saw Twofold Aboriginal Corporation take the Lead Producer role, supported by South East Arts and the Eden Local Aboriginal Land Council – and it will be leading this festival into the future too.

I could mention many more festivals and events, venues and shows.  Here’s just one – last month’s Spring Youth Music Festival, SYMF, which featured everything from heavy metal to Cellissimo (so many cellos) and some great collaborations between student singers and professional backing artists.  At Four Winds (and I will declare a personal interest here because my husband is on its Board of Directors), this Festival is all about future musical talent meeting professional musicians and directors. It creates pathways in the regions for young people’s creative careers. It works because of the dedicated teachers in this shire.

Sapphire Coast Tourism has dubbed the Bega Valley Shire  “Wonderfully Wild” – and this brand is all about saying we have a stunning natural environment, but so much more. Cultural tourism really is a big drawcard because of our strength in the arts. These four recent events  tie community arts, professional artists and local  energy together in a way that shows just what Wonderfully Wild means in real life. Roll on 2026 for more!

 

13.        Rescission/Alteration Motions

There were no rescission motions.

14.        Notices of Motion

 

14.1

Merimbula Tennis Club request for rate exemption

 

A motion was moved by Crs Nadin and Noble

1.     In accordance with Section 356 of the Local Government Act 1993, provides financial assistance to the Merimbula Tennis Club by donating the full amount of land rates, water and sewer charges currently owing for Financial Year 2025 ($5,148.90) and Financial Year 2026 ($5,426.95) being $10,575.85 in total

2.      That public notice of this resolution be undertaken for 28 days

3.      record the donation transparently in Council’s financial reporting

An amended motion was moved by Crs Fitzpatrick and seconded by Cr Allen

That council waive or reimburse through the appropriate mechanism the rates and service access charges to the Merimbula Tennis Club which they are now being levied and will be levied into the future on the condition that the Club keeps at least one court open to the public

The amended motion was put to the vote and it was CARRIED

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

Against:                  Cr Noble

Absent:                    Cr Mudaliar

 

The amended motion became the motion, it was put to the vote and it was CARRIED

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

Against:                  Cr Noble

Absent:                    Cr Mudaliar

 

192/25

RESOLVED on the motion of Crs Fitzpatrick and Allen

That council waive or reimburse through the appropriate mechanism the rates and service access charges to the Merimbula Tennis Club which they are now being levied and will be levied into the future on the condition that the Club keeps at least one court open to the public

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

Against:                  Cr Noble

Absent:                    Cr Mudaliar

 

 

15.        Questions with Notice

 

15.1

Cr Haggar - Native Forest Logging on Private Lands

 

A response to Cr Haggar’s Question with Notice was provided in the Ordinary Council Meeting Agenda of 10 December 2025 with the response as follows:

The Environment Protection Reform Bill 2025 was passed by the Australian Parliament on 28 November 2025. The summary on the Australian Parliament website states:

“…the bill amends the Environment Protection and Biodiversity Conservation Act 1999 to: streamline the assessment and approvals process; update provisions relating to accreditation and bilateral agreements; provide for bioregional plans; provide a framework for the Minister to make, vary and revoke national environmental standards; make it clear that projects with unacceptable impacts on nationally protected matters can no longer be approved; prevent a project being approved unless all residual significant impacts of the action on nationally protected matters have been compensated to a net gain; provide a mechanism for projects that are in the national interest to be approved even if they do not meet certain requirements; allow conditions to be attached to taking an action covered by a national interest exemption; amend provisions relating to reconsiderations; update provisions relating to conservation planning and heritage; update compliance and enforcement powers; and make administrative amendments.”

Source: https://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/Bills_Search_Results/Result?bId=r7398

The full implications of this are not yet known however staff will monitor the developments for any significant implications for Council’s work, noting that currently the Commonwealth Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) sits parallel to Council’s assessment of biodiversity values under NSW legislation. As such, the Bill will not impact Council’s ability to change the LEP to include private native forestry in the RU2 land use zone, should it resolve to do so in the future, however could change how private native forestry is undertaken.

Council’s RU2 Forestry scoping project is progressing in line with the Council resolution from May 2025. A contract has been awarded to Gyde Consulting to prepare the Scoping Report. The project is on track to report to Council by mid 2026. Any analysis of the Commonwealth framework is currently out of scope of this project, however staff will discuss this at a high level to see if there is any relevance to this project.

 

16.        Questions without Notice

 

16.1

Cr Haggar - Secondary dwellings progress and public notification

 

A response to Cr Haggar’s Question without Notice was provided in the Ordinary Council Meeting Agenda of 10 December 2025 with the response as follows:

Under s610E and s610F of the Local Government Act 1993, councils are required to exhibit proposed waivers of fees and charges for 28 days.

Following the Council resolution of 15 October 2025, the necessary communication materials were developed to exhibit the proposed waiver. The exhibition period closes on 11 December 2025. If no objections are received, the wavier will the come into effect. If objections are received, a further report to Council may be required.

A media release was issued on 13 November 2025 informing the community of the proposed changes and public exhibition process: Council supports new measures to boost local housing options - Bega Valley Shire Council

Once the waiver has come into effect, Council staff will notify the development professionals group and consider further general communication. Importantly, staff have already been contacted by a number of the development professionals seeking clarification of when and how the waiver can be accessed.

A separate report will be provided to Council at the 10 December 2025 Council meeting to seek a decision on the small number of DAs that were levied s7.11 contributions between the adoption of the new developer contributions plan and the fee waiver coming into effect.

 

16.2

Cr Porter - Review pathways

 

Cr Porter said in November last year there was a report to hold a review pathways workshop, what has happened to that report?

Chief Executive Officer, Mr Anthony McMahon advised the above was included with the  earlier Customer Experience framework report and prior to that and said if Councillors think something hasn’t been addressed please let him know what it is.

 

16.3

Cr Daly - Recovery of materials

 

Cr Daly asked about the recovery of materials during demolition or renewal of assets for example the Circularity centre.

What is our approach and how do we work with developers to retain materials of value.?

Chief Executive Officer, Mr Anthony McMahon  clarified that the question is for both council and the private sectorin  and took the question on notice.

 

17.        Confidential Business

 

Adjournment Into Closed Session

193/25

RESOLVED on the motion of Crs Nadin and Allen

1.       That Council resolve to adjourn into Closed Session to discuss the following confidential items:

17.1    Chief Executive Officer Performance Review and Performance Plan

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, Nadin, Noble, O'Neil and Porter

Against:                  Nil

Absent:                    Cr Mudaliar

 

2:51 pm       The Ordinary Meeting was adjourned.

The recording of the meeting ceased for the period of the Closed Session of Council.

2:51 pm       The following persons left the chamber for Item 17.1 Chief Executive Officer Performance Review and Performance Plan:

·         Chief Executive Officer, Mr Anthony McMahon

·         Director Infrastructure, Mr Andrew Latta

·         Director Organisational Services, Mrs Iliada Bolton

·         Director Community, Environment and Planning, Mrs Emily Harrison

·         Manager Engagement and Corporate Strategy, Mrs Kaliegh Smerdon

2:53 pm       The Confidential Closed Session meeting commenced.

2:58 pm       The Confidential Closed Session meeting concluded.

2:59 pm       Chief Executive Officer, Mr Anthony McMahon returned to the meeting

2:59 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

Council made the below resolution in closed session.

18.1

17.1 Chief Executive Officer Performance Review and Performance Plan

194/25

RESOLVED on the motion of Crs Fitzpatrick and Allen

Council endorsed the resolution of closed session in relation to Item 17.1.

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

Against:                  Nil

Absent:                    Cr Mudaliar

 

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 3:00 pm.

 

Confirmed

Chairperson of the meeting of the Bega Valley Shire Council held on Wednesday, 10 December 2025.